level will not be achievable by all engines or vehicles in that
subclass.
0
48. Section 86.1105-87 is amended by revising paragraph (e) and
removing paragraph (j).
    The revision reads as follows:

Sec.  86.1105-87  Emission standards for which nonconformance penalties
are available.

* * * * *
    (e) The values of COC50, COC90, and MC50 in paragraphs (a) and (b)
of this section are expressed in December 1984 dollars. The values of
COC50, COC90, and MC50 in paragraphs (c) and (d) of this section are
expressed in December 1989 dollars. The values of COC50, COC90, and
MC50 in paragraph (f) of this section are expressed in December 1991
dollars. The values of COC50, COC90, and MC50 in paragraphs (g) and (h)
of this section are expressed in December 1994 dollars. The values of
COC50, COC90, and MC50 in paragraph (i) of this section are expressed
in December 2001 dollars. These values shall be adjusted for inflation
to dollars as of January of the calendar year preceding the model year
in which the NCP is first available by using the change in the overall
Consumer Price Index, and rounded to the nearest whole dollar in
accordance with 40 CFR 1065.20.
* * * * *
0
49. Section 86.1113-87 is amended by revising paragraphs (f) and (g)(3)
introductory text to read as follows:

Sec.  86.1113-87  Calculation and payment of penalty.

* * * * *
    (f) A manufacturer may request a hearing under 40 CFR part 1068,
subpart G, as to whether the compliance level (including a compliance
level in excess of the upper limit) was determined properly.
    (g) * * *
    (3) A manufacturer making payment under paragraph (g)(1) or (2) of
this section shall submit the following information by each quarterly
due date to the Designated Compliance Officer (see 40 CFR 1036.801).
This information shall be submitted even if a manufacturer has no NCP
production in a given quarter.
* * * * *
0
50. Section 86.1115-87 is revised to read as follows:

Sec.  86.1115-87  Hearing procedures for nonconformance determinations
and penalties.

    The provisions of 40 CFR part 1068, subpart G, apply if a
manufacturer requests a hearing regarding penalties under this subpart.

Subpart N--Exhaust Test Procedures for Heavy-Duty Engines

0
51. Section 86.1362 is amended by revising paragraph (a) to read as
follows:

Sec.  86.1362  Steady-state testing with a ramped-modal cycle.

* * * * *
    (a) Measure emissions by testing the engine on a dynamometer with
the following ramped-modal duty cycle to determine whether it meets the
applicable steady-state emission standards:

----------------------------------------------------------------------------------------------------------------
                                    Time in mode                                                 CO2 weighting
             RMC mode                 (seconds)      Engine speed 1 2    Torque (percent) 2 3     (percent)\4\
----------------------------------------------------------------------------------------------------------------
1a Steady-state..................             170  Warm Idle...........  0...................                  6
1b Transition....................              20  Linear Transition...  Linear Transition...
2a Steady-state..................             173  A...................  100.................                  9
2b Transition....................              20  Linear Transition...  Linear Transition...
3a Steady-state..................             219  B...................  50..................                 10
3b Transition....................              20  B...................  Linear Transition...
4a Steady-state..................             217  B...................  75..................                 10
4b Transition....................              20  Linear Transition...  Linear Transition...
5a Steady-state..................             103  A...................  50..................                 12
5b Transition....................              20  A...................  Linear Transition...
6a Steady-state..................             100  A...................  75..................                 12
6b Transition....................              20  A...................  Linear Transition...
7a Steady-state..................             103  A...................  25..................                 12
7b Transition....................              20  Linear Transition...  Linear Transition...
8a Steady-state..................             194  B...................  100.................                  9
8b Transition....................              20  B...................  Linear Transition...
9a Steady-state..................             218  B...................  25..................                  9
9b Transition....................              20  Linear Transition...  Linear Transition...
10a Steady-state.................             171  C...................  100.................                  2
10b Transition...................              20  C...................  Linear Transition...
11a Steady-state.................             102  C...................  25..................                  1
11b Transition...................              20  C...................  Linear Transition...
12a Steady-state.................             100  C...................  75..................                  1
12b Transition...................              20  C...................  Linear Transition...
13a Steady-state.................             102  C...................  50..................                  1
13b Transition...................              20  Linear Transition...  Linear Transition...
14 Steady-state..................             168  Warm Idle...........  0...................                  6
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the speed or torque setting of the current mode to the speed or torque setting of
  the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.
\4\ Use the specified weighting factors to calculate composite emission results for CO2 as specified in 40 CFR
  1036.501.
* * * * * * *

0
52. Section 86.1370 is amended by revising paragraphs (g) and (h) and
adding paragraphs (i) and (j) to read as follows:

Sec.  86.1370  Not-To-Exceed test procedures.

* * * * *
    (g) You may exclude emission data based on catalytic aftertreatment
temperatures as follows:
    (1) For an engine equipped with a catalytic NOX
aftertreatment system, exclude NOX emission data that is
collected when the exhaust temperature at any time during the NTE event
is less than 250 [deg]C.
    (2) For an engine equipped with an oxidizing catalytic
aftertreatment system, exclude NMHC and CO emission data that is
collected if the exhaust temperature is less than 250 [deg]C at any
time during the NTE event.
    (3) Using good engineering judgment, measure exhaust temperature
within 30 cm downstream of the last applicable catalytic aftertreatment
device. Where there are parallel paths, use good engineering judgment
to measure the temperature within 30 cm downstream of the last
applicable catalytic aftertreatment device in the path with the
greatest exhaust flow.
    (h) Any emission measurements corresponding to engine operating
conditions that do not qualify as a valid NTE sampling event may be
excluded from the determination of the vehicle-pass ratio specified in
Sec.  86.1912 for the specific pollutant.
    (i) Start emission sampling at the beginning of each valid NTE
sampling event, except as needed to allow for zeroing or conditioning
the PEMS. For gaseous emissions, PEMS preparation must be complete for
all analyzers before starting emission sampling.
    (j) Emergency vehicle AECDs. If your engine family includes engines
with one or more approved AECDs for emergency vehicle applications
under paragraph (4) of the definition of ``defeat device'' in Sec.
86.1803, the NTE emission limits do not apply when any of these AECDs
are active.

Subpart S--General Compliance Provisions for Control of Air
Pollution From New and In-Use Light-Duty Vehicles, Light-Duty
Trucks, and Heavy-Duty Vehicles

Sec.  86.1801-12  [Amended]

0
53. Section 86.1801-12 is amended by removing and reserving paragraph
(a)(2)(ii).
0
54. Section 86.1802-01 is revised to read as follows:

Sec.  86.1802-01  Section numbering; construction.

    (a) Section numbering. The model year of initial applicability is
indicated by the section number. The two digits following the hyphen
designate the first model year for which a section is applicable. The
section continues to apply to subsequent model years unless a later
model year section is adopted. Example: Section 86.18xx-10 applies to
model year 2010 and later vehicles. If a Sec.  86.18xx-17 is
promulgated, it would apply beginning with the 2017 model year; Sec.
86.18xx-10 would apply only to model years 2010 through 2016, except as
specified in Sec.  86.18xx-17.

    (b) A section reference without a model year suffix refers to the
section applicable for the appropriate model year.
    (c) If the regulation references a section that has been superseded
or no longer exists, this should be understood as a reference to the
same section for the appropriate model year. For example, if the
regulation refers to Sec.  86.1845-01, it should be taken as a
reference to Sec.  86.1845-04 or any later version of Sec.  86.1845
that applies for the appropriate model year. However, this does not
apply if the reference to a superseded section specifically states that
the older provision applies instead of any updated provisions from the
section in effect for the current model year; this occurs most often as
part of the transition to new emission standards.
0
55. Section 86.1803-01 is amended as follows:
0
a. By revising the definitions for ``Base level'', ``Base tire'',
``Base vehicle'', and ``Basic engine''.
0
b. By adding a definition for ``Cab-complete vehicle''.
0
c. By revising the definitions for ``Carbon-related exhaust emissions
(CREE)'', ``Configuration'', paragraph (1) of ``Emergency vehicle'',
``Engine code'', ``Highway Fuel Economy Test Procedure (HFET)'', ``Mild
hybrid electric vehicle'', ``Model type'', ``Production volume'',
``Strong hybrid electric vehicle'', ``Subconfiguration'',
``Transmission class'', and ``Transmission configuration''.
0
d. By adding a definitions for ``Transmission type''.
    The revisions and additions read as follows:

Sec.  86.1803-01  Definitions.

* * * * *
    Base level has the meaning given in 40 CFR 600.002.
    Base tire has the meaning given in 40 CFR 600.002.
    Base vehicle has the meaning given in 40 CFR 600.002.
    Basic engine has the meaning given in 40 CFR 600.002.
* * * * *
    Cab-complete vehicle means a heavy-duty vehicle that is first sold
as an incomplete vehicle that substantially includes its cab. Vehicles
known commercially as chassis-cabs, cab-chassis, box-deletes, bed-
deletes, cut-away vans are considered cab-complete vehicles. For
purposes of this definition, a cab includes a steering column and
passenger compartment. Note that a vehicle lacking some components of
the cab is a cab-complete vehicle if it substantially includes the cab.
* * * * *
    Carbon-related exhaust emissions (CREE) has the meaning given in 40
CFR 600.002.
* * * * *
    Configuration means one of the following:
    (1) For LDV, LDT, and MDPV, configuration means a subclassification
within a test group which is based on engine code, inertia weight
class, transmission type and gear ratios, final drive ratio, and other
parameters which may be designated by the Administrator.
    (2) For HDV, configuration has the meaning given in Sec.  86.1819-
14(d)(12).
* * * * *
    Emergency vehicle * * *
    (1) For the greenhouse gas emission standards in Sec. Sec.  86.1818
and 86.1819, emergency vehicle means a motor vehicle manufactured
primarily for use as an ambulance or combination ambulance-hearse or
for use by the United States Government or a State or local government
for law enforcement.
* * * * *
    Engine code means one of the following:
    (1) For LDV, LDT, and MDPV, engine code means a unique combination
within a test group of displacement, fuel injection (or carburetor)
calibration, choke calibration, distributor calibration, auxiliary
emission control devices, and other engine and emission control system
components specified by the Administrator. For electric vehicles,
engine code means a unique combination of manufacturer, electric
traction motor, motor configuration, motor controller, and energy
storage device.
    (2) For HDV, engine code has the meaning given in Sec.  86.1819-
14(d)(12).
* * * * *
    Highway Fuel Economy Test Procedure (HFET) has the meaning given in
40 CFR 600.002.
* * * * *
    Mild hybrid electric vehicle means a hybrid electric vehicle that
has start/stop capability and regenerative braking capability, where
the recovered energy over the Federal Test Procedure is at least 15
percent but less than 65 percent of the total braking energy, as
measured and calculated according to Sec.  600.116-12(d).
    Model type has the meaning given in 40 CFR 600.002.
* * * * *
    Production volume has the meaning given in 40 CFR 600.002.
* * * * *
    Strong hybrid electric vehicle means a hybrid electric vehicle that
has start/stop capability and regenerative braking capability, where
the recovered energy over the Federal Test Procedure is at least 65
percent of the total braking energy, as measured and calculated
according to Sec.  600.116-12(d).
    Subconfiguration means one of the following:
    (1) For LDV, LDT, and MDPV, subconfiguration has the meaning given
in 40 CFR 600.002.
    (2) For HDV, subconfiguration has the meaning given in Sec.
86.1819-14(d)(12).
* * * * *
    Transmission class has the meaning given in 40 CFR 600.002.
    Transmission configuration has the meaning given in 40 CFR 600.002.
    Transmission type means the basic type of the transmission (e.g.,
automatic, manual, automated manual, semi-automatic, or continuously
variable) and does not include the drive system of the vehicle (e.g.,
front-wheel drive, rear-wheel drive, or four-wheel drive).
* * * * *
0
56. Section 86.1805-17 is amended by revising paragraph (b) to read as
follows:

Sec.  86.1805-17  Useful life.

* * * * *
    (b) Greenhouse gas pollutants. The emission standards in Sec.
86.1818 apply for a useful life of 10 years or 120,000 miles for LDV
and LLDT and 11 years or 120,000 miles for HLDT and MDPV. For non-MDPV
heavy-duty vehicles, the emission standards in Sec.  86.1819 apply for
a useful life of 11 years or 120,000 miles through model year 2020, and
for a useful life of 15 years or 150,000 miles in model year 2021 and
later. Manufacturers may certify based on the useful life as specified
in paragraph (d) of this section if it is different than the useful
life specified in this paragraph (b).
* * * * *
0
57. Section 86.1811-17 is amended by revising paragraph (g) to read as
follows:

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

* * * * *
    (g) Cold temperature exhaust emission standards. The standards in
this paragraph (g) apply for certification and in-use vehicles tested
over the test procedures specified in subpart C of this part. These
standards apply only to gasoline-fueled vehicles. Multi-fuel, bi-fuel
or dual-fuel vehicles must comply with requirements using gasoline
only. Testing with other fuels such as a high-level ethanol-gasoline
blend, or testing on diesel vehicles, is not required.

    (1) Cold temperature CO standards. Cold temperature CO exhaust
emission standards apply for testing at both low-altitude conditions
and high-altitude conditions as follows:
    (i) For LDV and LDT1, the standard is 10.0 g/mile CO.
    (ii) For LDT2, LDT3 and LDT4, the standard is 12.5 grams per mile
CO.
    (2) Cold temperature NMHC standards. The following fleet average
cold temperature NMHC standards apply as follows:
    (i) The standards are shown in the following table:

    Table 5 of Sec.   86.1811-17--Fleet Average Cold Temperature NMHC
                       Exhaust Emission Standards
------------------------------------------------------------------------
                                                       Cold  temperature
                                                           NMHC sales-
               Vehicle weight category                  weighted  fleet
                                                        average standard
                                                            (g/mile)
------------------------------------------------------------------------
LDV and LLDT.........................................                0.3
HLDT.................................................                0.5
------------------------------------------------------------------------

    (ii) The manufacturer must calculate its fleet average cold
temperature NMHC emission level(s) as described in Sec.  86.1864-10(m).
    (iii) The standards specified in this paragraph (g)(2) apply only
for testing at low-altitude conditions. However, manufacturers must
submit an engineering evaluation indicating that common calibration
approaches are utilized at high altitudes. Any deviation from low
altitude emission control practices must be included in the auxiliary
emission control device (AECD) descriptions submitted at certification.
Any AECD specific to high altitude must require engineering emission
data for EPA evaluation to quantify any emission impact and validity of
the AECD.
* * * * *
0
58. Section 86.1816-18 is amended by revising paragraphs (a)
introductory text, (b)(7)(i) introductory text, and (b)(9) to read as
follows:

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

    (a) Applicability and general provisions. This section describes
exhaust emission standards that apply for model year 2018 and later
complete heavy-duty vehicles. These standards are optional for
incomplete heavy-duty vehicles and for heavy duty vehicles above 14,000
pounds GVWR as described in Sec.  86.1801. Greenhouse gas emission
standards are specified in Sec.  86.1818 for MDPV and in Sec.  86.1819
for other HDV. See Sec.  86.1813 for evaporative and refueling emission
standards. This section may apply to vehicles before model year 2018 as
specified in paragraph (b)(11) of this section. Separate requirements
apply for MDPV as specified in Sec.  86.1811. See subpart A of this
part for requirements that apply for incomplete heavy-duty vehicles and
for heavy-duty engines certified independent of the chassis. The
following general provisions apply:
* * * * *
    (b) * * *
    (7) * * *
    (i) The fleet-average FTP emission standard for NMOG+NOX
phases in over several years as described in this paragraph (b)(7)(i).
You must identify FELs as described in paragraph (b)(4) of this section
and calculate a fleet-average emission level to show that you meet the
FTP emission standard for NMOG+NOX that applies for each
model year. You may certify using transitional bin standards specified
in Table 5 of this section through model year 2021; these vehicles are
subject to the FTP emission standard for formaldehyde as described in
Sec.  86.1818-08. You may use the E0 test fuel specified in Sec.
86.113 for gasoline-fueled vehicles certified to the transitional bins;
the useful life period for these vehicles is 120,000 miles or 11 years.
Fleet-average FTP emission standards decrease as shown in the following
table:
* * * * *
    (9) Except as specified in paragraph (b)(8) of this section, you
may not use credits generated from vehicles certified under Sec.
86.1816-08 for demonstrating compliance with the Tier 3 standards.
* * * * *
0
59. Section 86.1818-12 is amended by revising paragraphs (a)(2),
(c)(4), and (f)(4) to read as follows:

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

    (a) * * *
    (2) The standards specified in this section apply for testing at
both low-altitude conditions and high-altitude conditions. However,
manufacturers must submit an engineering evaluation indicating that
common calibration approaches are utilized at high altitude instead of
performing testing for certification, consistent with Sec.  86.1829.
Any deviation from low altitude emission control practices must be
included in the auxiliary emission control device (AECD) descriptions
submitted at certification. Any AECD specific to high altitude requires
engineering emission data for EPA evaluation to quantify any emission
impact and determine the validity of the AECD.
* * * * *
    (c) * * *
    (4) Emergency vehicles. Emergency vehicles may be excluded from the
emission standards described in this section. The manufacturer must
notify the Administrator that they are making such an election in the
model year reports required under Sec.  600.512 of this chapter. Such
vehicles should be excluded from both the calculation of the fleet
average standard for a manufacturer under this paragraph (c) and from
the calculation of the fleet average carbon-related exhaust emissions
in Sec.  600.510-12.
* * * * *
    (f) * * *
    (4) CO2-equivalent debits. CO2-equivalent
debits for test groups using an alternative N2O and/or
CH4 standard as determined under paragraph (f)(3) of this
section shall be calculated according to the following equation and
rounded to the nearest whole megagram:

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

Where:

Debits = CO2-equivalent debits for N2O or
CH4, in Megagrams, for a test group using an alternative
N2O or CH4 standard, rounded to the nearest
whole Megagram;
GWP = 25 if calculating CH4 debits and 298 if calculating
N2O debits;
Production = The number of vehicles of that test group domestically
produced plus those imported as defined in Sec.  600.511 of this
chapter;
AltStd = The alternative standard (N2O or CH4)
selected by the manufacturer under paragraph (f)(3) of this section;
Std = The exhaust emission standard for N2O or
CH4 specified in paragraph (f)(1) of this section; and
VLM = 195,264 for passenger automobiles and 225,865 for light
trucks.
* * * * *
0
60. Section 86.1819-14 is added to subpart S to read as follows:

Sec.  86.1819-14  Greenhouse gas emission standards for heavy-duty
vehicles.

    This section describes exhaust emission standards for
CO2, CH4, and N2O for heavy-duty
vehicles. The standards of this section apply for model year 2014 and
later vehicles that are chassis-certified with respect to criteria
pollutants under this subpart S. Additional heavy-duty vehicles may be
optionally subject to the standards of this section as allowed under
paragraph (j) of this section. Any heavy-duty vehicles not subject to
standards under

this section are instead subject to greenhouse gas standards under 40
CFR part 1037, and engines installed in these vehicles are subject to
standards under 40 CFR part 1036. If you are not the engine
manufacturer, you must notify the engine manufacturer that its engines
are subject to 40 CFR part 1036 if you intend to use their engines in
vehicles that are not subject to standards under this section. Vehicles
produced by small businesses may be excluded from the standards of this
section as described in paragraph (k)(5) of this section.
    (a) Fleet-average CO2 emission standards. Fleet-average
CO2 emission standards apply for the full useful life for
each manufacturer as follows:
    (1) Calculate a work factor, WF, for each vehicle subconfiguration
(or group of subconfigurations as allowed under paragraph (a)(4) of
this section), rounded to the nearest pound, using the following
equation:

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

Where:

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

    (2) Using the appropriate work factor, calculate a target value for
each vehicle subconfiguration (or group of subconfigurations as allowed
under paragraph (a)(4) of this section) you produce using one of the
following equations, or the phase-in provisions in paragraph (k)(4) of
this section, rounding to the nearest whole g/mile:
    (i) For model year 2027 and later vehicles with spark-ignition
engines: CO2 Target (g/mile) = 0.0369 x WF + 284
    (ii) For model year 2027 and later vehicles with compression-
ignition engines or with no engines (such as electric vehicles and fuel
cell vehicles): CO2 Target (g/mile) = 0.0348 x WF + 268
    (3) Calculate a production-weighted average of the target values
and round it to the nearest whole g/mile. This is your fleet-average
standard. All vehicles subject to the standards of this section form a
single averaging set. Use the following equation to calculate your
fleet-average standard from the target value for each vehicle
subconfiguration (Targeti) and U.S.-directed production
volume of each vehicle subconfiguration for the given model year
(Volumei):
[GRAPHIC] [TIFF OMITTED] TP13JY15.022

    (4) You may group subconfigurations within a configuration together
for purposes of calculating your fleet-average standard as follows:
    (i) You may group together subconfigurations that have the same
equivalent test weight (ETW), GVWR, and GCWR. Calculate your work
factor and target value assuming a curb weight equal to two times ETW
minus GVWR.
    (ii) You may group together other subconfigurations if you use the
lowest target value calculated for any of the subconfigurations.
    (5) The standards specified in this section apply for testing at
both low-altitude conditions and high-altitude conditions. However,
manufacturers must submit an engineering evaluation indicating that
common calibration approaches are utilized at high altitude instead of
performing testing for certification, consistent with Sec.  86.1829.
Any deviation from low altitude emission control practices must be
included in the auxiliary emission control device (AECD) descriptions
submitted at certification. Any AECD specific to high altitude requires
engineering emission data for EPA evaluation to quantify any emission
impact and determine the validity of the AECD.
    (b) Production and in-use CO2 standards. Each vehicle
you produce that is subject to the standards of this section has an
``in-use'' CO2 standard that is calculated from your test
result and that applies for selective enforcement audits and in-use
testing. This in-use CO2 standard for each vehicle is equal
to the applicable deteriorated emission level multiplied by 1.10 and
rounded to the nearest whole g/mile.
    (c) N2O and CH4 standards. Except as allowed
under this paragraph (c), all vehicles subject to the standards of this
section must comply with an N2O standard of 0.05 g/mile and
a CH4 standard of 0.05 g/mile when calculated according to
the provisions of paragraph (d)(4) of this section. You may specify
CH4 and/or N2O alternative standards using
CO2 emission credits instead of these otherwise applicable
emission standards for one or more test groups. To do this, calculate
the CH4 and/or N2O emission credits needed
(negative credits) using the equation in this paragraph (c) based on
the FEL(s) you specify for your vehicles during certification. You must
adjust the calculated emissions by the global warming potential (GWP):
GWP equals 25 for CH4 and 298 for N2O. This means
you must use 25 Mg of positive CO2 credits to offset 1 Mg of
negative CH4 credits and 298 Mg of positive CO2
credits to offset 1 Mg of negative N2O credits. Note that
Sec.  86.1818-12(f) does not apply for vehicles subject to the
standards of this section. Calculate credits using the following
equation:

    CO2 Credits Needed (Mg) = [(FEL - Std) x (U.S.-directed
production volume) x (Useful Life)] x (GWP) / 1,000,000

    (d) Compliance provisions. The following compliance provisions
apply instead of other provisions described in this subpart S:
    (1) The CO2 standards of this section apply with respect
to CO2 emissions, not with respect to carbon-related exhaust
emissions (CREE).
    (2) The following general credit provisions apply:
    (i) Credits you generate under this section may be used only to
offset credit deficits under this section. You may bank credits for use
in a future model year in which your average CO2 level
exceeds the standard. You may trade credits to another manufacturer
according to Sec.  86.1865-12(k)(8). Before you bank or trade credits,
you must apply any available credits to offset a deficit if the
deadline to offset that credit deficit has not yet passed.
    (ii) Vehicles subject to the standards of this section are included
in a single greenhouse gas averaging set separate from any averaging
set otherwise included in this subpart S.
    (iii) Banked CO2 credits keep their full value for five
model years after the year in which they were generated. Unused credits
may not be used for more than five model years after the model year in
which the credits are generated.
    (3) Special credit and incentive provisions related to air
conditioning in Sec. Sec.  86.1867 and 86.1868 do not apply for
vehicles subject to the standards of this section.
    (4) Measure emissions using the procedures of subpart B of this
part and 40 CFR part 1066. Determine separate emission results for the
Federal Test Procedure (FTP) described in 40 CFR 1066.801(c)(1) and the
Highway Fuel Economy Test (HFET) described in 40 CFR 1066.801(c)(3).
Calculate composite

emission results from these two test cycles for demonstrating
compliance with the CO2, N2O, and CH4
standards based on a weighted average of the FTP (55%) and HFET (45%)
emission results. Note that this differs from the way the criteria
pollutant standards apply.
    (5) Apply an additive deterioration factor of zero to measured
CO2 emissions unless good engineering judgment indicates
that emissions are likely to deteriorate in use. Use good engineering
judgment to develop separate deterioration factors for N2O
and CH4.
    (6) Credits are calculated using the useful life value (in miles)
in place of ``vehicle lifetime miles'' as specified in Sec.  86.1865.
Calculate a total credit or debit balance in a model year by adding
credits and debits from Sec.  86.1865-12(k)(4), subtracting any
CO2-equivalent debits for N2O or CH4
calculated according to paragraph (c) of this section, and adding any
of the following credits:
    (i) Off-cycle technology credits according to paragraph (d)(13) of
this section.
    (ii) Early credits from vehicles certified under paragraph (k)(2)
of this section.
    (iii) Advanced technology credits according to paragraph (k)(7) of
this section.
    (7) [Reserved]
    (8) The provisions of Sec.  86.1818 do not apply.
    (9) Calculate your fleet-average emission rate consistent with good
engineering judgment and the provisions of Sec.  86.1865. The following
additional provisions apply:
    (i) Unless we approve a lower number, you must test at least ten
subconfigurations. If you produce more than 100 subconfigurations in a
given model year, you must test at least ten percent of your
subconfigurations. For purposes of this paragraph (d)(9)(i), count
carryover tests, but do not include analytically derived CO2
emission rates, data substitutions, or other untested allowances. We
may approve a lower number of tests for manufacturers that have limited
product offerings, or low sales volumes. Note that good engineering
judgment and other provisions of this part may require you to test more
subconfigurations than these minimum values.
    (ii) The provisions of paragraph (g) of this section specify how
you may use analytically derived CO2 emission rates.
    (iii) At least 90 percent of final production volume at the
configuration level must be represented by test data (real, data
substituted, or analytical).
    (iv) Perform fleet-average CO2 calculations as described
in Sec.  86.1865 and 40 CFR part 600, with the following exceptions:
    (A) Use CO2 emissions values for all test results,
intermediate calculations, and fleet average calculations instead of
the carbon-related exhaust emission (CREE) values specified in this
subpart S and 40 CFR part 600.
    (B) Perform intermediate CO2 calculations for
subconfigurations within each configuration using the subconfiguration
and configuration definitions in paragraph (d)(12) of this section.
    (C) Perform intermediate CO2 calculations for
configurations within each test group and transmission type (instead of
configurations within each base level and base levels within each model
type). Use the configuration definition in paragraph (d)(12)(i) of this
section.
    (D) Do not perform intermediate CO2 calculations for
each base level or for each model type. Base level and model type
CO2 calculations are not applicable to heavy-duty vehicles
subject to standards in this section.
    (E) Determine fleet average CO2 emissions for heavy-duty
vehicles subject to standards in this section as described in 40 CFR
600.510-12(j), except that the calculations must be performed on the
basis of test group and transmission type (instead of the model-type
basis specified in the light-duty vehicle regulations), and the
calculations for dual fuel, multi-fuel, and flexible fuel vehicles must
be consistent with the provisions of paragraph (d)(10)(i) of this
section.
    (10) For dual-fuel, multi-fuel, and flexible-fuel vehicles, perform
exhaust testing on each fuel type (for example, gasoline and E85).
    (i) For your fleet-average calculations, use either the
conventional-fueled CO2 emission rate or a weighted average
of your emission results as specified in 40 CFR 600.510-12(k) for
light-duty trucks.
    (ii) If you certify to an alternate standard for N2O or
CH4 emissions, you may not exceed the alternate standard
when tested on either fuel.
    (11) Test your vehicles with an equivalent test weight based on its
Adjusted Loaded Vehicle Weight (ALVW). Determine equivalent test weight
from the ALVW as specified in 40 CFR 1066.805; round ALVW values above
14,000 pounds to the nearest 500 pound increment.
    (12) The following definitions apply for the purposes of this
section:
    (i) Configuration means a subclassification within a test group
based on engine code, transmission type and gear ratios, final drive
ratio, and other parameters we designate. Engine code means the
combination of both ``engine code'' and ``basic engine'' as defined in
40 CFR 600.002.
    (ii) Subconfiguration means a unique combination within a vehicle
configuration (as defined in this paragraph (d)(12)) of equivalent test
weight, road-load horsepower, and any other operational characteristics
or parameters that we determine may significantly affect CO2
emissions within a vehicle configuration. Note that for vehicles
subject to standards of this section, equivalent test weight (ETW) is
based on the ALVW of the vehicle as outlined in paragraph (d)(11) of
this section.
    (13) This paragraph (d)(13) applies for CO2 reductions
resulting from technologies that were not in common use before 2010
that are not reflected in the specified test procedures. These may be
described as off-cycle or innovative technologies. We may allow you to
generate emission credits consistent with the provisions of Sec.
86.1869-12(c) and (d). You do not need to provide justification for not
using the 5-cycle methodology.
    (14) You must submit pre-model year reports before you submit your
applications for certification for a given model year. Unless we
specify otherwise, include the information specified for pre-model year
reports in 49 CFR 535.8.
    (15) You must submit a final report within 90 days after the end of
the model year. Unless we specify otherwise, include applicable
information identified in Sec.  86.1865-12(l), 40 CFR 600.512, and 49
CFR 535.8(e). The final report must include at least the following
information:
    (i) Model year.
    (ii) Applicable fleet-average CO2 standard.
    (iii) Calculated fleet-average CO2 value and all the
values required to calculate the CO2 value.
    (iv) Number of credits or debits incurred and all values required
to calculate those values.
    (v) Resulting balance of credits or debits.
    (vi) N2O emissions.
    (vii) CH4 emissions.
    (viii) Total and percent leakage rates under paragraph (h) of this
section.
    (e) Useful life. The exhaust emission standards of this section
apply for the full useful life, as described in Sec.  86.1805.
    (f) [Reserved]
    (g) Analytically derived CO2 emission rates (ADCs). This
paragraph (g) describes an allowance to use estimated

(i.e., analytically derived) CO2 emission rates based on
baseline test data instead of measured emission rates for calculating
fleet-average emissions. Note that these ADCs are similar to ADFEs used
for light-duty vehicles. Note also that F terms used in this paragraph
(g) represent coefficients from the following road load equation:

Force = F0 + F1 [middot] (velocity) +
F2 [middot] (velocity)\2\

    (1) Except as specified in paragraph (g)(2) of this section, use
the following equation to calculate the ADC of a new vehicle from road
load force coefficients (F0, F1, F2), axle ratio, and test weight:

ADC = CO2base + 2.18 [middot] [Delta]F0 + 37.4 [middot]
[Delta]F1 + 2257 [middot] [Delta]F2 + 189 [middot] [Delta]AR + 0.0222
[middot] [Delta]ETW

Where:

ADC = Analytically derived combined city/highway CO2
emission rate (g/mile) for a new vehicle.
CO2base = Combined city/highway CO2 emission
rate (g/mile) of a baseline vehicle.
[Delta]F0 = F0 of the new vehicle--F0 of the baseline vehicle.
[Delta]F1 = F1 of the new vehicle--F1 of the baseline vehicle.
[Delta]F2 = F2 of the new vehicle--F2 of the baseline vehicle.
[Delta]AR = Axle ratio of the new vehicle--axle ratio of the
baseline vehicle.
[Delta]ETW = ETW of the new vehicle--ETW of the baseline vehicle.

    (2) The purpose of this section is to accurately estimate
CO2 emission rates.
    (i) You must apply the provisions of this section consistent with
good engineering judgment. For example, do not use the equation in
paragraph (g)(1) of this section where good engineering judgment
indicates that it will not accurately estimate emissions. You may ask
us to approve alternate equations that allow you to estimate emissions
more accurately.
    (ii) The analytically derived CO2 equation in paragraph
(g)(1) of this section may be periodically updated through publication
of an EPA guidance document to more accurately characterize
CO2 emission levels for example, changes may be appropriate
based on new test data, future technology changes, or to changes in
future CO2 emission levels. Any EPA guidance document will
determine the model year that the updated equation takes effect. We
will issue guidance no later than eight months before the effective
model year. For example, model year 2014 may start January 2, 2013, so
guidance for model year 2014 would be issued by May 1, 2012.
    (3) You may select baseline test data without our advance approval
if they meet all the following criteria:
    (i) Vehicles considered for the baseline test must comply with all
applicable emission standards in the model year associated with the
ADC.
    (ii) You must include in the pool of tests considered for baseline
selection all official tests of the same or equivalent basic engine,
transmission class, engine code, transmission code, engine horsepower,
dynamometer drive wheels, and compression ratio as the ADC
subconfiguration. Do not include tests in which emissions exceed any
applicable standard.
    (iii) Where necessary to minimize the CO2 adjustment,
you may supplement the pool with tests associated with worst-case
engine or transmission codes and carryover or carry-across engine
families. If you do, all the data that qualify for inclusion using the
elected worst-case substitution (or carryover or carry-across) must be
included in the pool as supplemental data (i.e., individual test
vehicles may not be selected for inclusion). You must also include the
supplemental data in all subsequent pools, where applicable.
    (iv) Tests previously used during the subject model year as
baseline tests in ten other ADC subconfigurations must be eliminated
from the pool.
    (v) Select the tested subconfiguration with the smallest absolute
difference between the ADC and the test CO2 emission rate
for combined emissions. Use this as the baseline test for the target
ADC subconfiguration.
    (4) You may ask us to allow you to use baseline test data not fully
meeting the provisions of paragraph (g)(3) of this section.
    (5) Calculate the ADC rounded to the nearest whole g/mile. Except
with our advance approval, the downward adjustment of ADC from the
baseline is limited to ADC values 20 percent below the baseline
emission rate. The upward adjustment is not limited.
    (6) You may not submit an ADC if an actual test has been run on the
target subconfiguration during the certification process or on a
development vehicle that is eligible to be declared as an emission-data
vehicle.
    (7) No more than 40 percent of the subconfigurations tested in your
final CO2 submission may be represented by ADCs.
    (8) Keep the following records for at least five years, and show
them to us if we ask to see them:
    (i) The pool of tests.
    (ii) The vehicle description and tests chosen as the baseline and
the basis for the selection.
    (iii) The target ADC subconfiguration.
    (iv) The calculated emission rates.
    (9) We may perform or order a confirmatory test of any
subconfiguration covered by an ADC.
    (10) Where we determine that you did not fully comply with the
provisions of this paragraph (g), we may require that you comply based
on actual test data and that you recalculate your fleet- average
emission rate.
    (h) Air conditioning leakage. Loss of refrigerant from your air
conditioning systems may not exceed a total leakage rate of 11.0 grams
per year or a percent leakage rate of 1.50 percent per year, whichever
is greater. Calculate the total leakage rate in g/year as specified in
Sec.  86.1867-12(a). Calculate the percent leakage rate as: [total
leakage rate (g/yr)] / [total refrigerant capacity (g)] x 100. Round
your percent leakage rate to the nearest one-hundredth of a percent.
    (1) For purpose of this requirement, ``refrigerant capacity'' is
the total mass of refrigerant recommended by the vehicle manufacturer
as representing a full charge. Where full charge is specified as a
pressure, use good engineering judgment to convert the pressure and
system volume to a mass.
    (2) If your system uses a refrigerant other than HFC-134a that is
listed as an acceptable substitute refrigerant for heavy-duty vehicles
under 40 CFR part 82, subpart G, and the substitute refrigerant is
identified in Sec.  86.1867-12(e), your system is deemed to meet the
leakage standard in this paragraph (h), consistent with good
engineering judgment, and the reporting requirement of Sec.  86.1844-
01(d)(7))(iv) does not apply. If your system uses any other refrigerant
that is listed as an acceptable substitute refrigerant for heavy-duty
vehicles under 40 CFR part 82, subpart G, contact us for procedures for
calculating the leakage rate in a way that appropriately accounts for
the refrigerant's properties.
    (i) [Reserved]
    (j) Optional GHG certification under this subpart. You may certify
certain complete or cab-complete vehicles to the GHG standards of this
section. All vehicles optionally certified under this paragraph (j) are
deemed to be subject to the GHG standards of this section. Note that
for vehicles above 14,000 pounds GVWR and at or below 26,000 pounds
GVWR, GHG certification under this paragraph (j) does not affect how
you may or may not certify with respect to criteria pollutants.
    (1) For GHG compliance, you may certify any complete or cab-
complete spark-ignition vehicles above 14,000 pounds GVWR and at or
below 26,000 pounds GVWR to the GHG standards of this section even
though this section otherwise specifies that you may certify

vehicles to the GHG standards of this section only if they are chassis-
certified for criteria pollutants.
    (2) You may apply the provisions of this section to cab-complete
vehicles based on a complete sister vehicle. In unusual circumstances,
you may ask us to apply these provisions to Class 2b or Class 3
incomplete vehicles that do not meet the definition of cab-complete.
    (i) Except as specified in paragraph (j)(3) of this section, for
purposes of this section, a complete sister vehicle is a complete
vehicle of the same vehicle configuration as the cab-complete vehicle.
You may not apply the provisions of this paragraph (j) to any vehicle
configuration that has a four-wheel rear axle if the complete sister
vehicle has a two-wheel rear axle.
    (ii) Calculate the target value for fleet-average CO2
emissions under paragraph (a) or (k)(4) of this section based on the
work factor value that applies for the complete sister vehicle.
    (iii) Test these cab-complete vehicles using the same equivalent
test weight and other dynamometer settings that apply for the complete
vehicle from which you used the work factor value (the complete sister
vehicle). For GHG certification, you may submit the test data from that
complete sister vehicle instead of performing the test on the cab-
complete vehicle.
    (iv) You are not required to produce the complete sister vehicle
for sale to use the provisions of this paragraph (j)(2). This means the
complete sister vehicle may be a carryover vehicle from a prior model
year or a vehicle created solely for the purpose of testing.
    (3) For GHG purposes, if a cab-complete vehicle is not of the same
vehicle configuration as a complete sister vehicle due only to certain
factors unrelated to coastdown performance, you may use the road-load
coefficients from the complete sister vehicle for certification testing
of the cab-complete vehicle, but you may not use emission data from the
complete sister vehicle for certifying the cab-complete vehicle.
    (k) Interim provisions. The following provisions apply instead of
other provisions in this subpart:
    (1) Incentives for early introduction. Manufacturers may
voluntarily certify in model year 2013 (or earlier model years for
electric vehicles) to the greenhouse gas standards that apply starting
in model year 2014 as specified in 40 CFR 1037.150(a).
    (2) Early credits. To generate early credits under this paragraph
(k)(2) for any vehicles other than electric vehicles, you must certify
your entire U.S.-directed fleet to these standards. If you calculate a
separate fleet average for advanced-technology vehicles under paragraph
(k)(7) of this section, you must certify your entire U.S.-directed
production volume of both advanced and conventional vehicles within the
fleet. If some test groups are certified after the start of the model
year, you may generate credits only for production that occurs after
all test groups are certified. For example, if you produce three test
groups in an averaging set and you receive your certificates for those
test groups on January 4, 2013, March 15, 2013, and April 24, 2013, you
may not generate credits for model year 2013 for vehicles from any of
the test groups produced before April 24, 2013. Calculate credits
relative to the standard that would apply in model year 2014 using the
applicable equations in this subpart and your model year 2013 U.S.-
directed production volumes. These credits may be used to show
compliance with the standards of this subpart for 2014 and later model
years. We recommend that you notify us of your intent to use this
provision before submitting your applications.
    (3) Compliance date. Compliance with the standards of this section
was optional before January 1, 2014 as specified in 40 CFR 1037.150(g).
    (4) Phase-in provisions. Each manufacturer must choose one of the
options specified in paragraphs (k)(4)(i) and (ii) of this section for
phasing in the Phase 1 standards. Manufacturers must follow the
schedule described in paragraph (k)(4)(iii) of this section for phasing
in the Phase 2 standards.
    (i) Phase 1--Option 1. You may implement the Phase 1 standards by
applying CO2 target values as specified in the following
table for model year 2014 through 2020 vehicles:

                      Table 1 of Sec.   86.1819-14
------------------------------------------------------------------------
      Model year and engine cycle        Alternate CO2 target  (g/mile)
------------------------------------------------------------------------
2014 Spark-Ignition...................  0.0482 x (WF) + 371
2015 Spark-Ignition...................  0.0479 x (WF) + 369
2016 Spark-Ignition...................  0.0469 x (WF) + 362
2017 Spark-Ignition...................  0.0460 x (WF) + 354
2018-2020 Spark-Ignition..............  0.0440 x (WF) + 339
2014 Compression-Ignition.............  0.0478 x (WF) + 368
2015 Compression-Ignition.............  0.0474 x (WF) + 366
2016 Compression-Ignition.............  0.0460 x (WF) + 354
2017 Compression-Ignition.............  0.0445 x (WF) + 343
2018-2020 Compression-Ignition........  0.0416 x (WF) + 320
------------------------------------------------------------------------

    (ii) Phase 1--Option 2. You may implement the Phase 1 standards by
applying CO2 target values specified in the following table
for model year 2014 through 2020 vehicles:

                      Table 2 of Sec.   86.1819-14
------------------------------------------------------------------------
      Model year and engine cycle        Alternate CO2 target  (g/mile)
------------------------------------------------------------------------
2014 Spark-Ignition...................  0.0482 x (WF) + 371
2015 Spark-Ignition...................  0.0479 x (WF) + 369
2016-2018 Spark-Ignition..............  0.0456 x (WF) + 352
2019-2020 Spark-Ignition..............  0.0440 x (WF) + 339
2014 Compression-Ignition.............  0.0478 x (WF) + 368
2015 Compression-Ignition.............  0.0474 x (WF) + 366
2016-2018 Compression-Ignition........  0.0440 x (WF) + 339
2019-2020 Compression-Ignition........  0.0416 x (WF) + 320
------------------------------------------------------------------------

    (iii) Phase 2. Apply Phase 2 CO2 target values as
specified in the following table for model year 2021 through 2026
vehicles:

                      Table 3 of Sec.   86.1819-14
------------------------------------------------------------------------
      Model year and engine cycle        Alternate CO2 target  (g/mile)
------------------------------------------------------------------------
2021 Spark-Ignition...................  0.0429 x (WF) + 331
2022 Spark-Ignition...................  0.0418 x (WF) + 322
2023 Spark-Ignition...................  0.0408 x (WF) + 314
2024 Spark-Ignition...................  0.0398 x (WF) + 306
2025 Spark-Ignition...................  0.0388 x (WF) + 299
2026 Spark-Ignition...................  0.0378 x (WF) + 291
2021 Compression-Ignition.............  0.0406 x (WF) + 312
2022 Compression-Ignition.............  0.0395 x (WF) + 304
2023 Compression-Ignition.............  0.0386 x (WF) + 297
2024 Compression-Ignition.............  0.0376 x (WF) + 289
2025 Compression-Ignition.............  0.0367 x (WF) + 282
2026 Compression-Ignition.............  0.0357 x (WF) + 275
------------------------------------------------------------------------

    (5) Provisions for small manufacturers. Standards apply on a
delayed schedule for manufacturers meeting the small business criteria
specified in 13 CFR 121.201. Apply the small business criteria for
NAICS code 336111 for vehicle manufacturers and 811198 for companies
performing fuel conversions with vehicles manufactured by a different
company. Qualifying manufacturers are not subject to the greenhouse gas
standards of this section for vehicles built before January 1, 2019, as
specified in 40 CFR 1037.150(c). The employee and revenue limits apply
to the total number employees and total revenue together for affiliated
companies. In addition, manufacturers producing vehicles that run on
any fuel other than gasoline, E85, or diesel fuel may delay complying
with every new standard under this part by one model year.
    (6) Alternate N2O standards. Manufacturers may show
compliance with the N2O standards using an engineering
analysis. This allowance also applies for model year 2015 and later
test groups or emission families carried over from model 2014
consistent with the provisions of Sec.  86.1839. You may not certify to
an N2O FEL different than the standard without measuring
N2O emissions.
    (7) Advanced technology credits. Credits generated from hybrid
vehicles

with regenerative braking or from vehicles with other advanced
technologies may be used to show compliance with any standards of this
part or 40 CFR part 1036, subject to the service class restrictions in
40 CFR 1037.740. You may multiply these credits by 1.50. Include these
vehicles in a separate fleet-average calculation (and exclude them from
your conventional fleet-average calculation). You must first apply
these advanced technology vehicle credits to any deficits for other
vehicles in the averaging set before applying them to other averaging
sets. Credits you generate under this paragraph (k)(7) may be used to
demonstrate compliance with the CO2 emission standards in 40
CFR part 1036 and part 1037. Similarly, you may use advanced-technology
credits generated under 40 CFR 1036.615 or 1037.615 to demonstrate
compliance with the CO2 standards in this section. You may
generate advanced technology credits under this paragraph (k)(7) only
with Phase 1 vehicles.
    (8) Loose engine sales. This paragraph (k)(8) applies for model
year 2020 and earlier spark-ignition engines identical to engines used
in vehicles certified to the standards of this section, where you sell
such engines as loose engines or as engines installed in incomplete
vehicles that are not cab-complete vehicles. For purposes of this
paragraph (k)(8), engines would not be considered to be identical if
they used different engine hardware. You may include such engines in a
test group certified to the standards of this section, subject to the
following provisions:
    (i) Engines certified under this paragraph (k)(8) are deemed to be
certified to the standards of 40 CFR 1036.108 as specified in 40 CFR
1036.150(j).
    (ii) The U.S.-directed production volume of engines you sell as
loose engines or installed in incomplete heavy-duty vehicles that are
not cab-complete vehicles in any given model year may not exceed ten
percent of the total U.S-directed production volume of engines of that
design that you produce for heavy-duty applications for that model
year, including engines you produce for complete vehicles, cab-complete
vehicles, and other incomplete vehicles. The total number of engines
you may certify under this paragraph (k)(8), of all engine designs, may
not exceed 15,000 in any model year. Engines produced in excess of
either of these limits are not covered by your certificate. For
example, if you produce 80,000 complete model year 2017 Class 2b pickup
trucks with a certain engine and 10,000 incomplete model year 2017
Class 3 vehicles with that same engine, and you do not apply the
provisions of this paragraph (k)(8) to any other engine designs, you
may produce up to 10,000 engines of that design for sale as loose
engines under this paragraph (k)(8). If you produced 11,000 engines of
that design for sale as loose engines, the last 1,000 of them that you
produced in that model year 2017 would be considered uncertified.
    (iii) This paragraph (k)(8) does not apply for engines certified to
the standards of 40 CFR 1036.108.
    (iv) Label the engines as specified in 40 CFR 1036.135 including
the following compliance statement: ``THIS ENGINE WAS CERTIFIED TO THE
ALTERNATE GREENHOUSE GAS EMISSION STANDARDS OF 40 CFR 1036.150(j).''
List the test group name instead of an engine family name.
    (v) Vehicles using engines certified under this paragraph (k)(8)
are subject to the emission standards of 40 CFR 1037.105.
    (vi) For certification purposes, your engines are deemed to have a
CO2 target value and test result equal to the CO2
target value and test result for the complete vehicle in the applicable
test group with the highest equivalent test weight, except as specified
in paragraph (k)(8)(vi)(B) of this section. Use these values to
calculate your target value, fleet-average emission rate, and in-use
emission standard. Where there are multiple complete vehicles with the
same highest equivalent test weight, select the CO2 target
value and test result as follows:
    (A) If one or more of the CO2 test results exceed the
applicable target value, use the CO2 target value and test
result of the vehicle that exceeds its target value by the greatest
amount.
    (B) If none of the CO2 test results exceed the
applicable target value, select the highest target value and set the
test result equal to it. This means that you may not generate emission
credits from vehicles certified under this paragraph (k)(8).
    (vii) State in your applications for certification that your test
group and engine family will include engines certified under this
paragraph (k)(8). This applies for your greenhouse gas vehicle test
group and your criteria pollutant engine family. List in each
application the name of the corresponding test group/engine family.
    (9) Credit adjustment for useful life. For credits that you
calculate based on a useful life of 120,000 miles, multiply any banked
credits that you carry forward for use in model year 2021 and later by
1.25.
    (10) CO2 rounding. For model year 2014 and earlier vehicles, you
may round measured and calculated CO2 emission levels to the
nearest 0.1 g/mile, instead of the nearest whole g/mile as specified in
paragraphs (a), (b), and (g) of this section.
0
61. Section 86.1823-08 is amended by revising the definition of ``R''
in paragraph (d)(3) to read as follows:

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

* * * * *
    (d) * * *
    (3) * * *

R = Catalyst thermal reactivity coefficient. You may use a default
value of 17,500 for the SBC.
* * * * *
0
62. Section 86.1838-01 is amended by revising paragraph (b)(1)(i)(B),
adding paragraph (b)(1)(i)(C), and revising paragraph (d)(3)(iii)
introductory text to read as follows:

Sec.  86.1838-01  Small-volume manufacturer certification procedures.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) No small-volume sales threshold applies for the heavy-duty
greenhouse gas standards; alternative small-volume criteria apply as
described in Sec.  86.1819-14(k)(4).
    (C) 15,000 units for all other requirements. See Sec.  86.1845 for
separate provisions that apply for in-use testing.
* * * * *
    (d) * * *
    (3) * * *
    (iii) Notwithstanding the requirements of paragraph (d)(3)(ii) of
this section, an applicant may satisfy the requirements of this
paragraph (d)(3) if the requirements of this paragraph (d)(3) are
completed by an auditor who is an employee of the applicant, provided
that such employee:
* * * * *
0
63. Section 86.1844-01 is amended by adding paragraph (d)(7)(iv) to
read as follows:

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

* * * * *
    (d) * * *
    (7) * * *
    (iv) For heavy-duty vehicles subject to air conditioning standards
under Sec.  86.1819, include the refrigerant leakage rates (leak
scores), describe the type of refrigerant, and identify the refrigerant
capacity of the air conditioning systems. If another

company will install the air conditioning system, also identify the
corporate name of the final installer.
* * * * *
0
64. Section 86.1846-01 is amended by revising paragraph (b)(1)(i) to
read as follows:

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

* * * * *
    (b) * * *
    (1) * * *
    (i) Additional testing is not required under this paragraph (b)(1)
based on evaporative/refueling testing or based on low-mileage
Supplemental FTP testing conducted under Sec.  86.1845-04(b)(5)(i).
Testing conducted at high altitude under the requirements of Sec.
86.1845-04(c) will be included in determining if a test group meets the
criteria triggering the testing required under this section.
* * * * *
0
65. Section 86.1848-10 is amended by revising paragraph (c)(9) to read
as follows:

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

* * * * *
    (c) * * *
    (9) For 2012 and later model year LDVs, LDTs, and MDPVs, all
certificates of conformity issued are conditional upon compliance with
all provisions of Sec. Sec.  86.1818 and 86.1865 both during and after
model year production. Similarly, for 2014 and later model year HDV,
and other HDV subject to standards under Sec.  86.1819, all
certificates of conformity issued are conditional upon compliance with
all provisions of Sec. Sec.  86.1819 and 86.1865 both during and after
model year production. The manufacturer bears the burden of
establishing to the satisfaction of the Administrator that the terms
and conditions upon which the certificate(s) was (were) issued were
satisfied. For recall and warranty purposes, vehicles not covered by a
certificate of conformity will continue to be held to the standards
stated or referenced in the certificate that otherwise would have
applied to the vehicles.
    (i) Failure to meet the fleet average CO2 requirements
will be considered a failure to satisfy the terms and conditions upon
which the certificate(s) was (were) issued and the vehicles sold in
violation of the fleet average CO2 standard will not be
covered by the certificate(s). The vehicles sold in violation will be
determined according to Sec.  86.1865-12(k)(8).
    (ii) Failure to comply fully with the prohibition against selling
credits that are not generated or that are not available, as specified
in Sec.  86.1865-12, will be considered a failure to satisfy the terms
and conditions upon which the certificate(s) was (were) issued and the
vehicles sold in violation of this prohibition will not be covered by
the certificate(s).
    (iii) For manufacturers using the conditional exemption under Sec.
86.1801-12(k), failure to fully comply with the fleet production
thresholds that determine eligibility for the exemption will be
considered a failure to satisfy the terms and conditions upon which the
certificate(s) was (were) issued and the vehicles sold in violation of
the stated sales and/or production thresholds will not be covered by
the certificate(s).
    (iv) For manufacturers that are determined to be operationally
independent under Sec.  86.1838-01(d), failure to report a material
change in their status within 60 days as required by Sec.  86.1838-
01(d)(2) will be considered a failure to satisfy the terms and
conditions upon which the certificate(s) was (were) issued and the
vehicles sold in violation of the operationally independent criteria
will not be covered by the certificate(s).
    (v) For manufacturers subject to an alternative fleet average
greenhouse gas emission standard approved under Sec.  86.1818-12(g),
failure to comply with the annual sales thresholds that are required to
maintain use of those standards, including the thresholds required for
new entrants into the U.S. market, will be considered a failure to
satisfy the terms and conditions upon which the certificate(s) was
(were) issued and the vehicles sold in violation of stated sales and/or
production thresholds will not be covered by the certificate(s).
* * * * *
0
66. Section 86.1853-01 is revised to read as follows:

Sec.  86.1853-01  Certification hearings.

    If a manufacturer's request for a hearing is approved, EPA will
follow the hearing procedures specified in 40 CFR part 1068, subpart G.
0
67. Section 86.1854-12 is amended by adding paragraph (b)(5) to read as
follows:

Sec.  86.1854-12  Prohibited acts.

* * * * *
    (b) * * *
    (5) Certified motor vehicles and motor vehicle engines and their
emission control devices must remain in their certified configuration
even if they are used solely for competition or if they become nonroad
vehicles or engines; anyone modifying a certified motor vehicle or
motor vehicle engine for any reason is subject to the tampering and
defeat device prohibitions of paragraph (a)(3) of this section and 42
U.S.C. 7522(a)(3).
0
68. Section 86.1862-04 is amended by revising paragraph (d) to read as
follows:

Sec.  86.1862-04  Maintenance of records and submittal of information
relevant to compliance with fleet-average standards.

* * * * *
    (d) Notice of opportunity for hearing. Any voiding of the
certificate under paragraph (a)(6) of this section will be made only
after EPA has offered the manufacturer concerned an opportunity for a
hearing conducted in accordance with 40 CFR part 1068, subpart G and,
if a manufacturer requests such a hearing, will be made only after an
initial decision by the Presiding Officer.
0
69. Section 86.1865-12 is revised to read as follows:

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

    (a) Applicability. (1) Unless otherwise exempted under the
provisions of paragraph (d) of this section, CO2 fleet
average exhaust emission standards of this subpart apply to:
    (i) 2012 and later model year passenger automobiles and light
trucks.
    (ii) Heavy-duty vehicles subject to standards under Sec.  86.1819.
    (iii) Vehicles imported by ICIs as defined in 40 CFR 85.1502.
    (2) The terms ``passenger automobile'' and ``light truck'' as used
in this section have the meanings given in Sec.  86.1818-12.
    (b) Useful life requirements. Full useful life requirements for
CO2 standards are defined in Sec. Sec.  86.1818 and 86.1819.
There is not an intermediate useful life standard for CO2
emissions.
    (c) Altitude. Greenhouse gas emission standards apply for testing
at both low-altitude conditions and at high-altitude conditions, as
described in Sec. Sec.  86.1818 and 86.1819.
    (d) Small volume manufacturer certification procedures. (1)
Passenger automobiles and light trucks. Certification procedures for
small volume manufacturers are provided in Sec.  86.1838. Small
businesses meeting certain criteria may be exempted from the greenhouse
gas emission standards in Sec.  86.1818 according to the provisions of
Sec.  86.1801-12(j) or (k).
    (2) Heavy-duty vehicles. HDV manufacturers that qualify as small
businesses are not subject to the Phase 1 greenhouse gas standards of
this subpart as specified in Sec.  86.1819-14(k)(5).

    (e) CO2 fleet average exhaust emission standards. The fleet average
standards referred to in this section are the corporate fleet average
CO2 standards for passenger automobiles and light trucks set
forth in Sec.  86.1818-12(c) and (e), and for HDV in Sec.  86.1819.
Each manufacturer must comply with the applicable CO2 fleet
average standard on a production-weighted average basis, for each
separate averaging set, at the end of each model year, using the
procedure described in paragraph (j) of this section. The fleet average
CO2 standards applicable in a given model year are
calculated separately for passenger automobiles and light trucks for
each manufacturer and each model year according to the provisions in
Sec.  86.1818. Calculate the HDV fleet average CO2 standard
in a given model year as described in Sec.  86.1819-14(a).
    (f) In-use CO2 standards. In-use CO2 exhaust emission
standards are provided in Sec.  86.1818-12(d) for passenger automobiles
and light trucks and in Sec.  86.1819-14(b) for HDV.
    (g) Durability procedures and method of determining deterioration
factors (DFs). Deterioration factors for CO2 exhaust
emission standards are provided in Sec.  86.1823-08(m) for passenger
automobiles and light trucks and in Sec.  86.1819-14(d)(5) for HDV.
    (h) Vehicle test procedures. (1) The test procedures for
demonstrating compliance with CO2 exhaust emission standards
are described at Sec.  86.101 and 40 CFR part 600, subpart B.
    (2) Testing to determine compliance with CO2 exhaust
emission standards must be on a loaded vehicle weight (LVW) basis for
passenger automobiles and light trucks (including MDPV), and on an
adjusted loaded vehicle weight (ALVW) basis for non-MDPV heavy-duty
vehicles.
    (3) Testing for the purpose of providing certification data is
required only at low-altitude conditions. If hardware and software
emission control strategies used during low-altitude condition testing
are not used similarly across all altitudes for in-use operation, the
manufacturer must include a statement in the application for
certification, in accordance with Sec.  86.1844-01(d)(11), stating what
the different strategies are and why they are used.
    (i) Calculating fleet average carbon-related exhaust emissions for
passenger automobiles and light trucks. (1) Manufacturers must compute
separate production-weighted fleet average carbon-related exhaust
emissions at the end of the model year for passenger automobiles and
light trucks, using actual production, where production means vehicles
produced and delivered for sale, and certifying model types to
standards as defined in Sec.  86.1818-12. The model type carbon-related
exhaust emission results determined according to 40 CFR part 600,
subpart F (in units of grams per mile rounded to the nearest whole
number) become the certification standard for each model type.
    (2) Manufacturers must separately calculate production-weighted
fleet average carbon-related exhaust emissions levels for the following
averaging sets according to the provisions of 40 CFR part 600, subpart
F:
    (i) Passenger automobiles subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c)(2);
    (ii) Light trucks subject to the fleet average CO2
standards specified in Sec.  86.1818-12(c)(3);
    (iii) Passenger automobiles subject to the Temporary Leadtime
Allowance Alternative Standards specified in Sec.  86.1818-12(e), if
applicable; and
    (iv) Light trucks subject to the Temporary Leadtime Allowance
Alternative Standards specified in Sec.  86.1818-12(e), if applicable.
    (j) Certification compliance and enforcement requirements for CO2
exhaust emission standards. (1) Compliance and enforcement requirements
are provided in this section and Sec.  86.1848-10(c)(9).
    (2) The certificate issued for each test group requires all model
types within that test group to meet the in-use emission standards to
which each model type is certified. The in-use standards for passenger
automobiles and light duty trucks (including MDPV) are described in
Sec.  86.1818-12(d). The in-use standards for non-MDPV heavy-duty
vehicles are described in Sec.  86.1819-14(b).
    (3) Each manufacturer must comply with the applicable
CO2 fleet average standard on a production-weighted average
basis, at the end of each model year. Use the procedure described in
paragraph (i) of this section for passenger automobiles and light
trucks (including MDPV). Use the procedure described in Sec.
86.1819(d)(9)(iv) for non-MDPV heavy-duty vehicles.
    (4) Each manufacturer must comply on an annual basis with the fleet
average standards as follows:
    (i) Manufacturers must report in their annual reports to the Agency
that they met the relevant corporate average standard by showing that
the applicable production-weighted average CO2 emission
levels are at or below the applicable fleet average standards; or
    (ii) If the production-weighted average is above the applicable
fleet average standard, manufacturers must obtain and apply sufficient
CO2 credits as authorized under paragraph (k)(8) of this
section. A manufacturer must show that they have offset any exceedance
of the corporate average standard via the use of credits. Manufacturers
must also include their credit balances or deficits in their annual
report to the Agency.
    (iii) If a manufacturer fails to meet the corporate average
CO2 standard for four consecutive years, the vehicles
causing the corporate average exceedance will be considered not covered
by the certificate of conformity (see paragraph (k)(8) of this
section). A manufacturer will be subject to penalties on an individual-
vehicle basis for sale of vehicles not covered by a certificate.
    (iv) EPA will review each manufacturer's production to designate
the vehicles that caused the exceedance of the corporate average
standard. EPA will designate as nonconforming those vehicles in test
groups with the highest certification emission values first, continuing
until reaching a number of vehicles equal to the calculated number of
noncomplying vehicles as determined in paragraph (k)(8) of this
section. In a group where only a portion of vehicles would be deemed
nonconforming, EPA will determine the actual nonconforming vehicles by
counting backwards from the last vehicle produced in that test group.
Manufacturers will be liable for penalties for each vehicle sold that
is not covered by a certificate.
    (k) Requirements for the CO2 averaging, banking and trading (ABT)
program. (1) A manufacturer whose CO2 fleet average
emissions exceed the applicable standard must complete the calculation
in paragraph (k)(4) of this section to determine the size of its
CO2 deficit. A manufacturer whose CO2 fleet
average emissions are less than the applicable standard may complete
the calculation in paragraph (k)(4) of this section to generate
CO2 credits. In either case, the number of credits or debits
must be rounded to the nearest whole number.
    (2) There are no property rights associated with CO2
credits generated under this subpart. Credits are a limited
authorization to emit the designated amount of emissions. Nothing in
this part or any other provision of law should be construed to limit
EPA's authority to terminate or limit this authorization through a
rulemaking.
    (3) Each manufacturer must comply with the reporting and
recordkeeping requirements of paragraph (l) of this section for
CO2 credits, including early credits. The averaging, banking
and trading program is enforceable through

the certificate of conformity that allows the manufacturer to introduce
any regulated vehicles into U.S. commerce.
    (4) Credits are earned on the last day of the model year.
Manufacturers must calculate, for a given model year and separately for
passenger automobiles, light trucks, and heavy-duty vehicles, the
number of credits or debits it has generated according to the following
equation rounded to the nearest megagram:

CO2 Credits or Debits (Mg) = [(CO2 Standard -
Manufacturer's Production-Weighted Fleet Average CO2
Emissions) x (Total Number of Vehicles Produced) x (Mileage)] /
1,000,000

Where:

CO2 Standard = the applicable standard for the model year
as determined by Sec.  86.1818 or Sec.  86.1819;
Manufacturer's Production-Weighted Fleet Average CO2
Emissions = average calculated according to paragraph (i) of this
section;
Total Number of Vehicles Produced = the number of vehicles
domestically produced plus those imported as defined in Sec.
600.511-08 of this chapter; and
Mileage = useful life value (in miles) for HDV, and vehicle lifetime
miles of 195,264 for passenger automobiles and 225,865 for light
trucks.

    (5) Determine total HDV debits and credits for a model year as
described in Sec.  86.1819-14(d)(6). Determine total passenger car and
light truck debits and credits for a model year as described in this
paragraph (k)(5). Total credits or debits generated in a model year,
maintained and reported separately for passenger automobiles and light
trucks, shall be the sum of the credits or debits calculated in
paragraph (k)(4) of this section and any of the following credits, if
applicable, minus any CO2-equivalent debits for
N2O and/or CH4 calculated according to the
provisions of Sec.  86.1818-12(f)(4):
    (i) Air conditioning leakage credits earned according to the
provisions of Sec.  86.1867-12(b).
    (ii) Air conditioning efficiency credits earned according to the
provisions of Sec.  86.1868-12(c).
    (iii) Off-cycle technology credits earned according to the
provisions of Sec.  86.1869-12(d).
    (iv) Full size pickup truck credits earned according to the
provisions of Sec.  86.1870-12(c).
    (v) CO2-equivalent debits for N2O and/or
CH4 accumulated according to the provisions of Sec.
86.1818-12(f)(4).
    (6) Unused CO2 credits generally retain their full value
through five model years after the model year in which they were
generated. Credits remaining at the end of the fifth model year after
the model year in which they were generated may not be used to
demonstrate compliance for later model years. The following particular
provisions apply for passenger cars and light trucks:
    (i) Unused CO2 credits from the 2009 model year shall
retain their full value through the 2014 model year. Credits from the
2009 model year that remain at the end of the 2014 model year may not
be used to demonstrate compliance for later model years.
    (ii) Unused CO2 credits from the 2010 through 2015 model
years shall retain their full value through the 2021 model year.
Credits remaining from these model years at the end of the 2021 model
year may not be used to demonstrate compliance for later model years.
    (7) Credits may be used as follows:
    (i) Credits generated and calculated according to the method in
paragraphs (k)(4) and (5) of this section may not be used to offset
deficits other than those deficits accrued within the respective
averaging set, except that credits may be transferred between the
passenger automobile and light truck fleets of a given manufacturer.
Credits may be banked and used in a future model year in which a
manufacturer's average CO2 level exceeds the applicable
standard. Credits may also be traded to another manufacturer according
to the provisions in paragraph (k)(8) of this section. Before trading
or carrying over credits to the next model year, a manufacturer must
apply available credits to offset any deficit, where the deadline to
offset that credit deficit has not yet passed. This paragraph (k)(7)(i)
applies for MDPV, but not for other HDV.
    (ii) The use of credits shall not change Selective Enforcement
Auditing or in-use testing failures from a failure to a non-failure.
The enforcement of the averaging standard occurs through the vehicle's
certificate of conformity as described in paragraph (k)(8) of this
section. A manufacturer's certificate of conformity is conditioned upon
compliance with the averaging provisions. The certificate will be void
ab initio if a manufacturer fails to meet the corporate average
standard and does not obtain appropriate credits to cover its
shortfalls in that model year or subsequent model years (see deficit
carry-forward provisions in paragraph (k)(8) of this section).
    (iii) The following provisions apply for passenger automobiles and
light trucks under the Temporary Leadtime Allowance Alternative
Standards:
    (A) Credits generated by vehicles subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c) may only be
used to offset a deficit generated by vehicles subject to the Temporary
Leadtime Allowance Alternative Standards specified in Sec.  86.1818-
12(e).
    (B) Credits generated by a passenger automobile or light truck
averaging set subject to the Temporary Leadtime Allowance Alternative
Standards specified in Sec.  86.1818-12(e)(4)(i) or (ii) of this
section may be used to offset a deficit generated by an averaging set
subject to the Temporary Leadtime Allowance Alternative Standards
through the 2015 model year, except that manufacturers qualifying under
the provisions of Sec.  86.1818-12(e)(3) may use such credits to offset
a deficit generated by an averaging set subject to the Temporary
Leadtime Allowance Alternative Standards through the 2016 model year.
    (C) Credits generated by an averaging set subject to the Temporary
Leadtime Allowance Alternative Standards specified in Sec.  86.1818-
12(e)(4)(i) or (ii) of this section may not be used to offset a deficit
generated by an averaging set subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c)(2) or (3) or
otherwise transferred to an averaging set subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c)(2) or (3).
    (D) Credits generated by vehicles subject to the Temporary Leadtime
Allowance Alternative Standards specified in Sec.  86.1818-12(e)(4)(i)
or (ii) may be banked for use in a future model year (to offset a
deficit generated by an averaging set subject to the Temporary Leadtime
Allowance Alternative Standards). All such credits may not be used to
demonstrate compliance for model year 2016 and later vehicles, except
that manufacturers qualifying under the provisions of Sec.  86.1818-
12(e)(3) may use such credits to offset a deficit generated by an
averaging set subject to the Temporary Leadtime Allowance Alternative
Standards through the 2016 model year.
    (E) A manufacturer with any vehicles subject to the Temporary
Leadtime Allowance Alternative Standards specified in Sec.  86.1818-
12(e)(4)(i) or (ii) of this section in a model year in which that
manufacturer also generates credits with vehicles subject to the fleet
average CO2 standards specified in Sec.  86.1818-12(c) may
not trade or bank credits earned against the fleet average standards in
Sec.  86.1818-12(c) for use in a future model year.
    (iv) Credits generated in the 2017 through 2020 model years under
the

provisions of Sec.  86.1818-12(e)(3)(ii) may not be traded or otherwise
provided to another manufacturer.
    (v) Credits generated under any alternative fleet average standards
approved under Sec.  86.1818-12(g) may not be traded or otherwise
provided to another manufacturer.
    (8) The following provisions apply if a manufacturer calculates
that it has negative credits (also called ``debits'' or a ``credit
deficit'') for a given model year:
    (i) The manufacturer may carry the credit deficit forward into the
next three model years. Such a carry-forward may only occur after the
manufacturer exhausts any supply of banked credits. The deficit must be
covered with an appropriate number of credits that the manufacturer
generates or purchases by the end of the third model year. Any
remaining deficit is subject to a voiding of the certificate ab initio,
as described in this paragraph (k)(8). Manufacturers are not permitted
to have a credit deficit for four consecutive years.
    (ii) If the credit deficit is not offset within the specified time
period, the number of vehicles not meeting the fleet average
CO2 standards (and therefore not covered by the certificate)
must be calculated.
    (A) Determine the negative credits for the noncompliant vehicle
category by multiplying the total megagram deficit by 1,000,000 and
then dividing by the mileage specified in paragraph (k)(4) of this
section.
    (B) Divide the result by the fleet average standard applicable to
the model year in which the debits were first incurred and round to the
nearest whole number to determine the number of vehicles not meeting
the fleet average CO2 standards.
    (iii) EPA will determine the vehicles not covered by a certificate
because the condition on the certificate was not satisfied by
designating vehicles in those test groups with the highest carbon-
related exhaust emission values first and continuing until reaching a
number of vehicles equal to the calculated number of non-complying
vehicles as determined in this paragraph (k)(8). The same approach
applies for HDV, except that EPA will make these designations by
ranking test groups based on CO2 emission values. If these
calculations determines that only a portion of vehicles in a test group
contribute to the debit situation, then EPA will designate actual
vehicles in that test group as not covered by the certificate, starting
with the last vehicle produced and counting backwards.
    (iv)(A) If a manufacturer ceases production of passenger
automobiles, light trucks, or heavy-duty vehicles, the manufacturer
continues to be responsible for offsetting any debits outstanding
within the required time period. Any failure to offset the debits will
be considered a violation of paragraph (k)(8)(i) of this section and
may subject the manufacturer to an enforcement action for sale of
vehicles not covered by a certificate, pursuant to paragraphs
(k)(8)(ii) and (iii) of this section.
    (B) If a manufacturer is purchased by, merges with, or otherwise
combines with another manufacturer, the controlling entity is
responsible for offsetting any debits outstanding within the required
time period. Any failure to offset the debits will be considered a
violation of paragraph (k)(8)(i) of this section and may subject the
manufacturer to an enforcement action for sale of vehicles not covered
by a certificate, pursuant to paragraphs (k)(8)(ii) and (iii) of this
section.
    (v) For purposes of calculating the statute of limitations, a
violation of the requirements of paragraph (k)(8)(i) of this section, a
failure to satisfy the conditions upon which a certificate(s) was
issued and hence a sale of vehicles not covered by the certificate, all
occur upon the expiration of the deadline for offsetting debits
specified in paragraph (k)(8)(i) of this section.
    (9) The following provisions apply to CO2 credit
trading:
    (i) EPA may reject CO2 credit trades if the involved
manufacturers fail to submit the credit trade notification in the
annual report.
    (ii) A manufacturer may not sell credits that are no longer valid
for demonstrating compliance based on the model years of the subject
vehicles, as specified in paragraph (k)(6) of this section.
    (iii) In the event of a negative credit balance resulting from a
transaction, both the buyer and seller are liable for the credit
shortfall. EPA may void ab initio the certificates of conformity of all
test groups that generate or use credits in such a trade.
    (iv) (A) If a manufacturer trades a credit that it has not
generated pursuant to paragraph (k) of this section or acquired from
another party, the manufacturer will be considered to have generated a
debit in the model year that the manufacturer traded the credit. The
manufacturer must offset such debits by the deadline for the annual
report for that same model year.
    (B) Failure to offset the debits within the required time period
will be considered a failure to satisfy the conditions upon which the
certificate(s) was issued and will be addressed pursuant to paragraph
(k)(8) of this section.
    (v) A manufacturer may only trade credits that it has generated
pursuant to paragraphs (k)(4) and (5) of this section or acquired from
another party.
    (1) Maintenance of records and submittal of information relevant to
compliance with fleet average CO2 standards--(1) Maintenance of
records. (i) Manufacturers producing any light-duty vehicles, light-
duty trucks, medium-duty passenger vehicles, or other heavy-duty
vehicles subject to the provisions in this subpart must establish,
maintain, and retain all the following information in adequately
organized records for each model year:
    (A) Model year.
    (B) Applicable fleet average CO2 standards for each
averaging set as defined in paragraph (i) of this section.
    (C) The calculated fleet average CO2 value for each
averaging set as defined in paragraph (i) of this section.
    (D) All values used in calculating the fleet average CO2
values.
    (ii) Manufacturers must establish, maintain, and retain all the
following information in adequately organized records for each vehicle
produced that is subject to the provisions in this subpart:
    (A) Model year.
    (B) Applicable fleet average CO2 standard.
    (C) EPA test group.
    (D) Assembly plant.
    (E) Vehicle identification number.
    (F) Carbon-related exhaust emission standard (automobile and light
truck only), N2O emission standard, and CH4
emission standard to which the vehicle is certified.
    (G) In-use carbon-related exhaust emission standard for passenger
automobiles and light truck, and in-use CO2 standard for
HDV.
    (H) Information on the point of first sale, including the
purchaser, city, and state.
    (iii) Manufacturers must retain all required records for a period
of eight years from the due date for the annual report. Records may be
stored in any format and on any media, as long as manufacturers can
promptly send EPA organized written records in English if requested by
the Administrator. Manufacturers must keep records readily available as
EPA may review them at any time.
    (iv) The Administrator may require the manufacturer to retain
additional records or submit information not specifically required by
this section.
    (v) Pursuant to a request made by the Administrator, the
manufacturer must submit to the Administrator the

information that the manufacturer is required to retain.
    (vi) EPA may void ab initio a certificate of conformity for
vehicles certified to emission standards as set forth or otherwise
referenced in this subpart for which the manufacturer fails to retain
the records required in this section or to provide such information to
the Administrator upon request, or to submit the reports required in
this section in the specified time period.
    (2) Reporting. (i) Each manufacturer must submit an annual report.
The annual report must contain for each applicable CO2
standard, the calculated fleet average CO2 value, all values
required to calculate the CO2 emissions value, the number of
credits generated or debits incurred, all the values required to
calculate the credits or debits, and the resulting balance of credits
or debits. For each applicable alternative N2O and/or
CH4 standard selected under the provisions of Sec.  86.1818-
12(f)(3) for passenger automobiles and light trucks (or Sec.  86.1819-
14(c) for HDV), the report must contain the CO2-equivalent
debits for N2O and/or CH4 calculated according to
Sec.  86.1818-12(f)(4) (or Sec.  86.1819-14(c) for HDV) for each test
group and all values required to calculate the number of debits
incurred.
    (ii) For each applicable fleet average CO2 standard, the
annual report must also include documentation on all credit
transactions the manufacturer has engaged in since those included in
the last report. Information for each transaction must include all of
the following:
    (A) Name of credit provider.
    (B) Name of credit recipient.
    (C) Date the trade occurred.
    (D) Quantity of credits traded in megagrams.
    (E) Model year in which the credits were earned.
    (iii) Manufacturers calculating air conditioning leakage and/or
efficiency credits under paragraph Sec.  86.1871-12(b) shall include
the following information for each model year and separately for
passenger automobiles and light trucks and for each air conditioning
system used to generate credits:
    (A) A description of the air conditioning system.
    (B) The leakage credit value and all the information required to
determine this value.
    (C) The total credits earned for each averaging set, model year,
and region, as applicable.
    (iv) Manufacturers calculating advanced technology vehicle credits
under paragraph Sec.  86.1871-12(c) shall include the following
information for each model year and separately for passenger
automobiles and light trucks:
    (A) The number of each model type of eligible vehicle sold.
    (B) The cumulative model year production of eligible vehicles
starting with the 2009 model year.
    (C) The carbon-related exhaust emission value by model type and
model year.
    (v) Manufacturers calculating off-cycle technology credits under
paragraph Sec.  86.1871-12(d) shall include, for each model year and
separately for passenger automobiles and light trucks, all test results
and data required for calculating such credits.
    (vi) Unless a manufacturer reports the data required by this
section in the annual production report required under Sec.  86.1844-
01(e) or the annual report required under Sec.  600.512-12 of this
chapter, a manufacturer must submit an annual report for each model
year after production ends for all affected vehicles produced by the
manufacturer subject to the provisions of this subpart and no later
than May 1 of the calendar year following the given model year. Annual
reports must be submitted to: Director, Compliance Division, U.S.
Environmental Protection Agency, 2000 Traverwood Dr., Ann Arbor,
Michigan 48105.
    (vii) Failure by a manufacturer to submit the annual report in the
specified time period for all vehicles subject to the provisions in
this section is a violation of section 203(a)(1) of the Clean Air Act
(42 U.S.C. 7522(a)(1)) for each applicable vehicle produced by that
manufacturer.
    (viii) If EPA or the manufacturer determines that a reporting error
occurred on an annual report previously submitted to EPA, the
manufacturer's credit or debit calculations will be recalculated. EPA
may void erroneous credits, unless traded, and will adjust erroneous
debits. In the case of traded erroneous credits, EPA must adjust the
selling manufacturer's credit balance to reflect the sale of such
credits and any resulting credit deficit.
    (3) Notice of opportunity for hearing. Any voiding of the
certificate under paragraph (l)(1)(vi) of this section will be made
only after EPA has offered the affected manufacturer an opportunity for
a hearing conducted in accordance with 40 CFR part 1068, subpart G,
and, if a manufacturer requests such a hearing, will be made only after
an initial decision by the Presiding Officer.
0
70. Section 86.1866-12 is amended by adding introductory text and
revising paragraph (b) introductory text to read as follows:

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

    This section describes how to apply CO2 credits for
advanced technology passenger automobiles and light trucks (including
MDPV). This section does not apply for heavy-duty vehicles that are not
MDPV.
* * * * *
    (b) For electric vehicles, plug-in hybrid electric vehicles, fuel
cell vehicles, dedicated natural gas vehicles, and dual-fuel natural
gas vehicles as those terms are defined in Sec.  86.1803-01, that are
certified and produced for U.S. sale in the 2017 through 2021 model
years and that meet the additional specifications in this section, the
manufacturer may use the production multipliers in this paragraph (b)
when determining the manufacturer's fleet average carbon-related
exhaust emissions under Sec.  600.510-12 of this chapter. Full size
pickup trucks eligible for and using a production multiplier are not
eligible for the performance-based credits described in Sec.  86.1870-
12(b).
* * * * *
0
71. Section 86.1867-12 is amended by revising the introductory text to
read as follows:

Sec.  86.1867-12  CO2 credits for reducing leakage of air
conditioning refrigerant.

    Manufacturers may generate credits applicable to the CO2
fleet average program described in Sec.  86.1865-12 by implementing
specific air conditioning system technologies designed to reduce air
conditioning refrigerant leakage over the useful life of their
passenger automobiles and/or light trucks (including MDPV); only the
provisions of paragraph (a) this section apply for non-MDPV heavy-duty
vehicles. Credits shall be calculated according to this section for
each air conditioning system that the manufacturer is using to generate
CO2 credits. Manufacturers may also generate early air
conditioning refrigerant leakage credits under this section for the
2009 through 2011 model years according to the provisions of Sec.
86.1871-12(b).
* * * * *
0
72. Section 86.1868-12 is amended by revising the introductory text and
paragraphs (e)(5), (f)(1), (g)(1), and (g)(3) introductory text to read
as follows:

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

    Manufacturers may generate credits applicable to the CO2
fleet average program described in Sec.  86.1865-12 by implementing
specific air conditioning system technologies designed to reduce air
conditioning-related CO2 emissions

over the useful life of their passenger automobiles and/or light trucks
(including MDPV). The provisions of this section do not apply for non-
MDPV heavy-duty vehicles. Credits shall be calculated according to this
section for each air conditioning system that the manufacturer is using
to generate CO2 credits. Manufacturers may also generate
early air conditioning efficiency credits under this section for the
2009 through 2011 model years according to the provisions of Sec.
86.1871-12(b). For model years 2012 and 2013 the manufacturer may
determine air conditioning efficiency credits using the requirements in
paragraphs (a) through (d) of this section. For model years 2014
through 2016 the eligibility requirements specified in either paragraph
(e) or (f) of this section must be met before an air conditioning
system is allowed to generate credits. For model years 2017 through
2019 the eligibility requirements specified in paragraph (f) of this
section must be met before an air conditioning system is allowed to
generate credits. For model years 2020 and later the eligibility
requirements specified in paragraph (g) of this section must be met
before an air conditioning system is allowed to generate credits.
* * * * *
    (e) * * *
    (5) Air conditioning systems with compressors that are solely
powered by electricity shall submit Air Conditioning Idle Test
Procedure data to be eligible to generate credits in the 2014 and later
model years, but such systems are not required to meet a specific
threshold to be eligible to generate such credits, as long as the
engine remains off for a period of at least 2 cumulative minutes during
the air conditioning on portion of the Idle Test Procedure in Sec.
86.165-12(d).
    (f) * * *
    (1) The manufacturer shall perform the AC17 test specified in 40
CFR 1066.845 on each unique air conditioning system design and vehicle
platform combination (as those terms are defined in Sec.  86.1803) for
which the manufacturer intends to accrue air conditioning efficiency
credits. The manufacturer must test at least one unique air
conditioning system within each vehicle platform in a model year,
unless all unique air conditioning systems within a vehicle platform
have been previously tested. A unique air conditioning system design is
a system with unique or substantially different component designs or
types and/or system control strategies (e.g., fixed displacement vs.
variable displacement compressors, orifice tube vs. thermostatic
expansion valve, single vs. dual evaporator, etc.). In the first year
of such testing, the tested vehicle configuration shall be the highest
production vehicle configuration within each platform. In subsequent
model years the manufacturer must test other unique air conditioning
systems within the vehicle platform, proceeding from the highest
production untested system until all unique air conditioning systems
within the platform have been tested, or until the vehicle platform
experiences a major redesign. Whenever a new unique air conditioning
system is tested, the highest production configuration using that
system shall be the vehicle selected for testing. Air conditioning
system designs which have similar cooling capacity, component types,
and control strategies, yet differ in terms of compressor pulley ratios
or condenser or evaporator surface areas will not be considered to be
unique system designs. The test results from one unique system design
may represent all variants of that design. Manufacturers must use good
engineering judgment to identify the unique air conditioning system
designs which will require AC17 testing in subsequent model years.
Results must be reported separately for all four phases (two phases
with air conditioning off and two phases with air conditioning on) of
the test to the Environmental Protection Agency, and the results of the
calculations required in 40 CFR 1066.845 must also be reported. In each
subsequent model year additional air conditioning system designs, if
such systems exist, within a vehicle platform that is generating air
conditioning credits must be tested using the AC17 procedure. When all
unique air conditioning system designs within a platform have been
tested, no additional testing is required within that platform, and
credits may be carried over to subsequent model years until there is a
significant change in the platform design, at which point a new
sequence of testing must be initiated. No more than one vehicle from
each credit-generating platform is required to be tested in each model
year.
* * * * *
    (g) * * *
    (1) For each air conditioning system (as defined in Sec.  86.1803)
selected by the manufacturer to generate air conditioning efficiency
credits, the manufacturer shall perform the AC17 Air Conditioning
Efficiency Test Procedure specified in 40 CFR 1066.845, according to
the requirements of this paragraph (g).
* * * * *
    (3) For the first model year for which an air conditioning system
is expected to generate credits, the manufacturer must select for
testing the projected highest-selling configuration within each
combination of vehicle platform and air conditioning system (as those
terms are defined in Sec.  86.1803). The manufacturer must test at
least one unique air conditioning system within each vehicle platform
in a model year, unless all unique air conditioning systems within a
vehicle platform have been previously tested. A unique air conditioning
system design is a system with unique or substantially different
component designs or types and/or system control strategies (e.g.,
fixed-displacement vs. variable displacement compressors, orifice tube
vs. thermostatic expansion valve, single vs. dual evaporator, etc.). In
the first year of such testing, the tested vehicle configuration shall
be the highest production vehicle configuration within each platform.
    In subsequent model years the manufacturer must test other unique
air conditioning systems within the vehicle platform, proceeding from
the highest production untested system until all unique air
conditioning systems within the platform have been tested, or until the
vehicle platform experiences a major redesign. Whenever a new unique
air conditioning system is tested, the highest production configuration
using that system shall be the vehicle selected for testing. Credits
may continue to be generated by the air conditioning system installed
in a vehicle platform provided that:
* * * * *
0
73. Section 86.1869-12 is amended by adding introductory text and
revising paragraphs (b)(2) introductory text, (b)(4)(ii), and (f) to
read as follows:

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

    This section describes how manufacturers may generate credits for
off-cycle CO2-reducing technologies. The provisions of this
section do not apply for non-MDPV heavy-duty vehicles, except that
Sec.  86.1819-14(d)(13) describes how to apply paragraphs (c) and (d)
this section for those vehicles.
* * * * *
    (b) * * *
    (2) The maximum allowable decrease in the manufacturer's combined
passenger automobile and light truck fleet average CO2
emissions attributable

to use of the default credit values in paragraph (b)(1) of this section
is 10 grams per mile. If the total of the CO2 g/mi credit
values from paragraph (b)(1) of this section does not exceed 10 g/mi
for any passenger automobile or light truck in a manufacturer's fleet,
then the total off-cycle credits may be calculated according to
paragraph (f) of this section. If the total of the CO2 g/mi
credit values from paragraph (b)(1) of this section exceeds 10 g/mi for
any passenger automobile or light truck in a manufacturer's fleet, then
the gram per mile decrease for the combined passenger automobile and
light truck fleet must be determined according to paragraph (b)(2)(i)
of this section to determine whether the 10 g/mi limitation has been
exceeded.
* * * * *
    (4) * * *
    (ii) High efficiency exterior lighting means a lighting technology
that, when installed on the vehicle, is expected to reduce the total
electrical demand of the exterior lighting system when compared to
conventional lighting systems. To be eligible for this credit, the high
efficiency lighting must be installed in one or more of the following
lighting components: Low beam, high beam, parking/position, front and
rear turn signals, front and rear side markers, taillights, and/or
license plate lighting.
* * * * *
    (f) Calculation of total off-cycle credits. Total off-cycle credits
in Megagrams of CO2 (rounded to the nearest whole number)
shall be calculated separately for passenger automobiles and light
trucks according to the following formula:

Total Credits (Megagrams) = (Credit x Production x VLM) / 1,000,000

Where:

Credit = the credit value in grams per mile determined in paragraph
(b), (c) or (d) of this section.
Production = The total number of passenger automobiles or light
trucks, whichever is applicable, produced with the off-cycle
technology to which to the credit value determined in paragraph (b),
(c), or (d) of this section applies.
VLM = vehicle lifetime miles, which for passenger automobiles shall
be 195,264 and for light trucks shall be 225,865.

0
74. Section 86.1870-12 is amended by revising the section heading,
introductory text, and paragraph (a) introductory text and adding
paragraph (a)(3) to read as follows:

Sec.  86.1870-12  CO2 credits for qualifying full-size light
pickup trucks.

    Full-size pickup trucks may be eligible for additional credits
based on the implementation of hybrid technologies or on exhaust
emission performance, as described in this section. Credits may be
generated under either paragraph (a) or (b) of this section for a
qualifying pickup truck, but not both. The provisions of this section
do not apply for heavy-duty vehicles.
    (a) Credits for implementation of hybrid electric technology. Full
size pickup trucks that implement hybrid electric technologies may be
eligible for an additional credit under this paragraph (a). Pickup
trucks earning the credits under this paragraph (a) may not earn the
credits described in paragraph (b) of this section. To claim this
credit, the manufacturer must measure the recovered energy over the
Federal Test Procedure according to 40 CFR 600.116-12(d) to determine
whether a vehicle is a mild or strong hybrid electric vehicle. To
provide for EPA testing, the vehicle must be able to broadcast battery
pack voltage via an on-board diagnostics parameter ID channel.
* * * * *
    (3) If you produce both mild and strong hybrid electric full size
pickup trucks but do not qualify for credits under paragraph (a)(1) or
(2) of this section, your hybrid electric full size pickup trucks may
be eligible for a credit of 10 grams/mile. To receive this credit in a
given model year, you must produce a quantity of hybrid electric full
size pickup trucks such that the proportion of combined mild and strong
full size hybrid electric pickup trucks produced in a model year, when
compared to your total production of full size pickup trucks, is not
less than the required minimum percentages specified in paragraph
(a)(1) of this section.
* * * * *
0
75. Section 86.1871-12 is amended by revising the introductory text and
paragraphs (a) introductory text, (b)(1), and (d) to read as follows:

Sec.  86.1871-12  Optional early CO2 credit programs.

    Manufacturers may optionally generate CO2 credits in the
2009 through 2011 model years for use in the 2012 and later model years
subject to EPA approval and to the provisions of this section. The
provisions of Sec.  86.1819-14(j)(1) apply instead of the provisions of
this section for non-MDPV heavy-duty vehicles. Manufacturers may
generate early fleet average credits, air conditioning leakage credits,
air conditioning efficiency credits, early advanced technology credits,
and early off-cycle technology credits. Manufacturers generating any
credits under this section must submit an early credits report to the
Administrator as required in this section. The terms ``sales'' and
``sold'' as used in this section shall mean vehicles produced for U.S.
sale, where ``U.S.'' means the states and territories of the United
States. The expiration date of unused CO2 credits is based
on the model year in which the credits are earned, as described in
Sec.  86.1865-12(k)(6).
    (a) Early fleet average CO2 reduction credits. Manufacturers may
optionally generate credits for reductions in their fleet average
CO2 emissions achieved in the 2009 through 2011 model years.
To generate early fleet average CO2 reduction credits,
manufacturers must select one of the four pathways described in
paragraphs (a)(1) through (4) of this section. The manufacturer may
select only one pathway, and that pathway must remain in effect for the
2009 through 2011 model years. Fleet average credits (or debits) must
be calculated and reported to EPA for each model year under each
selected pathway.
* * * * *
    (b) Early air conditioning leakage and efficiency credits. (1)
Manufacturers may optionally generate air conditioning refrigerant
leakage credits according to the provisions of Sec.  86.1867 and/or air
conditioning efficiency credits according to the provisions of Sec.
86.1868 in model years 2009 through 2011. Credits must be tracked by
model type and model year.
* * * * *
    (d) Early off-cycle technology credits. Manufacturers may
optionally generate credits for the implementation of certain
CO2-reducing technologies according to the provisions of
Sec.  86.1869 in model years 2009 through 2011. Credits must be tracked
by model type and model year.
* * * * *

Subpart T--Manufacturer-Run In-Use Testing Program for Heavy-Duty
Diesel Engines

0
76. Section 86.1910 is amended by revising paragraph (i) to read as
follows:

Sec.  86.1910  How must I prepare and test my in-use engines?

* * * * *
    (i) You may count a vehicle as meeting the vehicle-pass criteria
described in Sec.  86.1912 if a shift day of testing or two-shift days
of testing (with the requisite non-idle/idle operation time as in
paragraph (g) of this section), or if the extended testing you elected
under paragraph (h) of this section does not generate a single valid
NTE sampling event, as described in Sec.  86.1912(b). Count the vehicle
towards

meeting your testing requirements under this subpart.
* * * * *
0
77. Section 86.1912 is revised to read as follows:

Sec.  86.1912  How do I determine whether an engine meets the vehicle-
pass criteria?

    In general, the average emissions for each regulated pollutant must
remain at or below the NTE threshold in paragraph (a) of this section
for at least 90 percent of the valid NTE sampling events, as defined in
paragraph (b) of this section. For 2007 through 2009 model year
engines, the average emissions from every NTE sampling event must also
remain below the NTE thresholds in paragraph (g)(2) of this section.
Perform the following steps to determine whether an engine meets the
vehicle-pass criteria:
    (a) Determine the NTE threshold for each pollutant subject to an
NTE standard by adding all three of the following terms and rounding
the result to the same number of decimal places as the applicable NTE
standard:
    (1) The applicable NTE standard.
    (2) The in-use compliance testing margin specified in Sec.  86.007-
11(h), if any.
    (3) An accuracy margin for portable in-use equipment when testing
is performed under the special provisions of Sec.  86.1930, depending
on the pollutant, as follows:
    (i) NMHC: 0.17 g/hp[middot]hr.
    (ii) CO: 0.60 g/hp[middot]hr.
    (iii) NOX: 0.50 g/hp[middot]hr.
    (iv) PM: 0.10 g/hp[middot]hr.
    (v) NOX + NMHC: 0.67 g/hp[middot]hr.
    (4) Accuracy margins for portable in-use equipment when testing is
not performed under the special provisions of Sec.  86.1930 for 2007
through 2009 model year engine families that are selected for testing
in any calendar year as follows:
    (i) NMHC using the emission calculation method specified in 40 CFR
1065.650(a)(1): 0.02 g/hp[middot]hr.
    (ii) NMHC using the emission calculation method specified in 40 CFR
1065.650(a)(3): 0.01 g/hp[middot]hr.
    (iii) NMHC using an alternative emission calculation method we
approve under 40 CFR 1065.915(d)(5)(iv): 0.01 g/hp[middot]hr.
    (iv) CO using the emission calculation method specified in 40 CFR
1065.650(a)(1): 0.5 g/hp[middot]hr.
    (v) CO using the emission calculation method specified in 40 CFR
1065.650(a)(3): 0.25 g/hp[middot]hr.
    (vi) CO using an alternative emission calculation method we approve
under 40 CFR 1065.915(d)(5)(iv): 0.25 g/hp[middot]hr.
    (vii) NOX using the emission calculation method
specified in 40 CFR 1065.650(a)(1): 0.45 g/hp[middot]hr.
    (viii) NOX using the emission calculation method
specified in 40 CFR 1065.650(a)(3): 0.15 g/hp[middot]hr.
    (ix) NOX using an alternative emission calculation
method we approve under 40 CFR 1065.915(d)(5)(iv): 0.15 g/hp[middot]hr.
    (x) NOX + NMHC using the emission calculation method
specified in 40 CFR 1065.650(a)(1): 0.47 g/hp[middot]hr.
    (xi) NOX + NMHC using the emission calculation method
specified in 40 CFR 1065.650(a)(3): 0.16 g/hp[middot]hr.
    (xii) NOX + NMHC using an alternative emission
calculation method we approve under 40 CFR 1065.915(d)(5)(iv): 0.16 g/
hp[middot]hr.
    (xiii) PM: 0.006 g/hp[middot]hr.
    (5) Accuracy margins for portable in-use equipment when testing is
not performed under the special provisions of Sec.  86.1930 for 2010 or
later model year engines families that are selected for testing in any
calendar year as follows:
    (i) NMHC using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method we approve
under 40 CFR 1065.915(d)(5)(iv): 0.01 g/hp[middot]hr.
    (ii) CO using any emission calculation method specified in 40 CFR
1065.650(a) or an alternative emission calculation method we approve
under 40 CFR 1065.915(d)(5)(iv): 0.25 g/hp[middot]hr.
    (iii) NOX using any emission calculation method
specified in 40 CFR 1065.650(a) or an alternative emission calculation
method we approve under 40 CFR 1065.915(d)(5)(iv): 0.15 g/hp[middot]hr.
    (iv) PM: 0.006 g/hp[middot]hr.
    (b) For the purposes of this subpart, a valid NTE sampling event
consists of at least 30 seconds of continuous operation in the NTE
control area. An NTE event begins when the engine starts to operate in
the NTE control area and continues as long as engine operation remains
in this area (see Sec.  86.1370). When determining a valid NTE sampling
event, exclude all engine operation in approved NTE limited testing
regions under Sec.  86.1370-2007(b)(6) and any approved NTE
deficiencies under Sec.  86.007-11(a)(4)(iv). Engine operation in the
NTE control area of less than 30 contiguous seconds does not count as a
valid NTE sampling event; operating periods of less than 30 seconds in
the NTE control area, but outside of any allowed deficiency area or
limited testing region, will not be added together to make a 30 second
or longer event. Exclude any portion of a sampling event that would
otherwise exceed the 5.0 percent limit for the time-weighted carve-out
defined in Sec.  86.1370-2007(b)(7). For EGR-equipped engines, exclude
any operation that occurs during the cold-temperature operation defined
by the equations in Sec.  86.1370-2007(f)(1).
    (c) Calculate the average emission level for each pollutant over
each valid NTE sampling event as specified in 40 CFR part 1065, subpart
G, using each NTE event as an individual test interval. This should
include valid NTE events from all days of testing.
    (d) If the engine has an open crankcase, account for these
emissions by adding 0.00042 g/hp[middot]hr to the PM emission result
for every NTE event.
    (e) Calculate a time-weighted vehicle-pass ratio (Rpass)
for each pollutant. To do this, first sum the time from each valid NTE
sampling event whose average emission level is at or below the NTE
threshold for that pollutant, then divide this value by the sum of the
engine operating time from all valid NTE events for that pollutant.
Round the resulting vehicle-pass ratio to two decimal places.
    (1) Calculate the time-weighted vehicle-pass ratio for each
pollutant as follows:
[GRAPHIC] [TIFF OMITTED] TP13JY15.023

Where:

npass = the number of valid sampling events for which the
average emission level is at or below the NTE threshold.
ntotal = the total number of valid NTE sampling events.

    (2) For both the numerator and the denominator of the vehicle-pass
ratio, use the smallest of the following values for determining the
duration, t, of any NTE sampling event:
    (i) The measured time in the NTE zone that is valid for an NTE
sampling event.
    (ii) 600 seconds.
    (iii) 10 times the length of the shortest valid NTE sampling event
for all testing with that engine.
    (f) The following example illustrates how to select the duration of
NTE sampling events for calculations, as described in paragraph (f) of
this section:

----------------------------------------------------------------------------------------------------------------
                                                                                Duration used  in
               NTE sample                 Duration of  NTE       Duration limit applied?          calculations
                                         sample  (seconds)                                         (seconds)
----------------------------------------------------------------------------------------------------------------
1......................................                 45  No...............................                 45
2......................................                168  No...............................                168
3......................................                605  Yes. Use 10 times shortest valid                 450
                                                             NTE.
4......................................                490  Yes. Use 10 times shortest valid                 450
                                                             NTE.
5......................................                 65  No...............................                 65
----------------------------------------------------------------------------------------------------------------

    (g) Engines meet the vehicle-pass criteria under this section if
they meet both of the following criteria:
    (1) The vehicle-pass ratio calculated according to paragraph (e) of
this section must be at least 0.90 for each pollutant.
    (2) For model year 2007 through 2009 engines, emission levels from
every valid NTE sampling event must be less than 2.0 times the NTE
thresholds calculated according to paragraph (a) of this section for
all pollutants, except that engines certified to a NOX FEL
at or below 0.50 g/hp[middot]hr may meet the vehicle-pass criteria for
NOX if measured NOX emissions from every valid
NTE sample are less than either 2.0 times the NTE threshold for
NOX or 2.0 g/hp[middot]hr, whichever is greater.
0
78. Section 86.1920 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  86.1920  What in-use testing information must I report to EPA?

* * * * *
    (b) Within 45 days after the end of each calendar quarter, send us
reports containing the test data from each engine for which testing was
completed during the calendar quarter. Alternatively, you may
separately send us the test data within 30 days after you complete
testing for an engine. If you request it, we may allow additional time
to send us this information. Once you send us information under this
section, you need not send that information again in later reports.
Prepare your test reports as follows:
* * * * *

Appendix I to Part 86--[Amended]

0
79. Appendix I to part 86 is amended by removing paragraph (f)(3).

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

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

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

Subpart A--General Provisions

0
81. Section 600.002 is amended by revising the definitions for ``Engine
code'', ``Subconfiguration'', ``Transmission class'', and ``Vehicle
configuration'' to read as follows:

Sec.  600.002  Definitions.

* * * * *
    Engine code means one of the following:
    (1) For LDV, LDT, and MDPV, engine code means a unique combination,
within an engine-system combination (as defined in Sec.  86.1803 of
this chapter), of displacement, fuel injection (or carburetion or other
fuel delivery system), calibration, distributor calibration, choke
calibration, auxiliary emission control devices, and other engine and
emission control system components specified by the Administrator. For
electric vehicles, engine code means a unique combination of
manufacturer, electric traction motor, motor configuration, motor
controller, and energy storage device.
    (2) For HDV, engine code has the meaning given in Sec.  86.1819-
14(d)(12).
* * * * *
    Subconfiguration means one of the following:
    (1) For LDV, LDT, and MDPV, subconfiguration means a unique
combination within a vehicle configuration of equivalent test weight,
road-load horsepower, and any other operational characteristics or
parameters which the Administrator determines may significantly affect
fuel economy or CO2 emissions within a vehicle
configuration.
    (2) For HDV, subconfiguration has the meaning given in Sec.
86.1819-14(d)(12).
* * * * *
    Transmission class means a group of transmissions having the
following common features: Basic transmission type (e.g., automatic,
manual, automated manual, semi-automatic, or continuously variable);
number of forward gears used in fuel economy testing (e.g., manual
four-speed, three-speed automatic, two-speed semi-automatic); drive
system (e.g., front wheel drive, rear wheel drive; four wheel drive),
type of overdrive, if applicable (e.g., final gear ratio less than
1.00, separate overdrive unit); torque converter type, if applicable
(e.g., non-lockup, lockup, variable ratio); and other transmission
characteristics that may be determined to be significant by the
Administrator.
* * * * *
    Vehicle configuration means one of the following:
    (1) For LDV, LDT, and MDPV, vehicle configuration means a unique
combination of basic engine, engine code, inertia weight class,
transmission configuration, and axle ratio within a base level.
    (2) For HDV, vehicle configuration has the meaning given for
``configuration'' in Sec.  86.1819-14(d)(12).

Subpart B--Fuel Economy and Carbon-Related Exhaust Emission Test
Procedures

0
82. Section 600.113-12 is amended by revising paragraphs (m), (n)
introductory text, (n)(2), and (n)(3) and adding paragraph (o) to read
as follows:

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

* * * * *
    (m)(1) For automobiles fueled with liquefied petroleum gas and
automobiles designed to operate on gasoline and liquefied petroleum
gas, the fuel economy in miles per gallon of liquefied petroleum gas is
to be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TP13JY15.024

Where:

mpge = miles per gasoline gallon equivalent of liquefied
petroleum gas.
CWFfuel = carbon weight fraction based on the hydrocarbon
constituents in the liquefied petroleum gas fuel as obtained in
paragraph (f)(5) of this section and rounded according to paragraph
(g)(3) of this section.
SG = Specific gravity of the fuel as determined in paragraph (f)(5)
of this section and rounded according to paragraph (g)(3) of this
section.
3781.8 = Grams of H2O per gallon conversion factor.
CWFHC = Carbon weight fraction of exhaust hydrocarbon =
CWFfuel as determined in paragraph (f)(4) of this section
and rounded according to paragraph (f)(3) of this section.
HC = Grams/mile HC as obtained in paragraph (g)(2) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.

    (2)(i) For automobiles fueled with liquefied petroleum gas and
automobiles designed to operate on gasoline and liquefied petroleum
gas, the carbon-related exhaust emissions in grams per mile while
operating on liquefied petroleum gas is to be calculated for 2012 and
later model year vehicles using the following equation and rounded to
the nearest 1 gram per mile:

CREE = (CWFHC/0.273 x HC) + (1.571 x CO) + CO2

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002.
CWFHC = Carbon weight fraction of exhaust hydrocarbon =
CWFfuel as determined in paragraph (f)(5) of this section
and rounded according to paragraph (g)(3) of this section.
HC = Grams/mile HC as obtained in paragraph (g)(2) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.

    (ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec.  86.1818 of
this chapter, the carbon-related exhaust emissions in grams per mile