the FWS under section 7(a)(2) of the ESA. For additional discussion of
the agency's rationale, see Appendix G of the FEIS. Accordingly, NHTSA
has concluded its review of this action under Section 7 of the ESA.
    NHTSA has worked with EPA to assess ESA requirements and develop
the agencies' responses to comments addressing this issue. NHTSA notes
that EPA has reached the same conclusion as NHTSA, and has determined
that ESA consultation is not required for its action taken today
pursuant to the Clean Air Act. EPA's determination with regard to ESA
is set forth in its response to comments regarding ESA requirements,
and can be found in EPA's Response to Comments document, which EPA will
place in the EPA docket for this rulemaking (OAR-2009-0472), and on the
EPA Web site. As set forth therein, EPA adopts the reasoning of NHTSA's
response in Appendix G of the FEIS as applied to EPA's rulemaking
action.
9. Floodplain Management (Executive Order 11988 & DOT Order 5650.2)
    These Orders require Federal agencies to avoid the long- and short-
term adverse impacts associated with the occupancy and modification of
floodplains, and to restore and preserve the natural and beneficial
values served by floodplains. Executive Order 11988 also directs
agencies to minimize the impact of floods on human safety, health and
welfare, and to restore and preserve the natural and beneficial values
served by floodplains through evaluating the potential effects of any
actions the agency may take in a floodplain and ensuring that its
program planning and budget requests reflect consideration of flood
hazards and floodplain management. DOT Order 5650.2 sets forth DOT
policies and procedures for implementing Executive Order 11988. The DOT
Order requires that the agency determine if a proposed action is within
the limits of a base floodplain, meaning it is encroaching on the
floodplain, and whether this encroachment is significant. If
significant, the agency is required to conduct further analysis of the
proposed action and any practicable alternatives. If a practicable
alternative avoids floodplain encroachment, then the agency is required
to implement it.
    In this rulemaking, the agency is not occupying, modifying and/or
encroaching on floodplains. The agency, therefore, concludes that the
Orders are not applicable to NHTSA's Decision. The agency has, however,
conducted a review of the alternatives on potentially affected
resources, including floodplains. See Section 4.5 of the FEIS.
10. Preservation of the Nation's Wetlands (Executive Order 11990 & DOT
Order 5660.1a)
    These Orders require Federal agencies to avoid, to the extent
possible, undertaking or providing assistance for new construction
located in wetlands unless the agency head finds that there is no
practicable alternative to such construction and that the proposed
action includes all practicable measures to minimize harms to wetlands
that may result from such use. Executive Order 11990 also directs
agencies to take action to minimize the destruction, loss or
degradation of wetlands in ``conducting Federal activities and programs
affecting land use, including but not limited to water and related land
resources planning, regulating, and licensing activities.'' DOT Order
5660.1a sets forth DOT policy for interpreting Executive Order 11990
and requires that transportation projects ``located in or having an
impact on wetlands'' should be conducted to assure protection of the
Nation's wetlands. If a project does have a significant impact on
wetlands, an EIS must be prepared.
    The agency is not undertaking or providing assistance for new
construction located in wetlands. The agency, therefore, concludes that
these Orders do not apply to NHTSA's Decision. The agency has, however,
conducted a review of the alternatives on potentially affected
resources, including wetlands. See Section 4.5 of the FEIS.
11. Migratory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection
Act (BGEPA), Executive Order 13186
    The MBTA provides for the protection of migratory birds that are
native to the United States by making it illegal for anyone to pursue,
hunt, take, attempt to take, kill, capture, collect, possess, buy,
sell, trade, ship, import, or export any migratory bird covered under
the statute. The statute prohibits both intentional and unintentional
acts. Therefore, the statute is violated if an agency acts in a manner
that harms a migratory bird, whether it was intended or not. See, e.g.,
United States v. FMC Corp., 572 F.2d 902 (2nd Cir. 1978).
    The BGEPA (16 U.S.C. 668) prohibits any form of possession or
taking of both

bald and golden eagles. Under the BGEPA, violators are subject to
criminal and civil sanctions as well as an enhanced penalty provision
for subsequent offenses.
    Executive Order 13186, ``Responsibilities of Federal Agencies to
Protect Migratory Birds,'' helps to further the purposes of the MBTA by
requiring a Federal agency to develop a Memorandum of Understanding
(MOU) with the Fish and Wildlife Service when it is taking an action
that has (or is likely to have) a measurable negative impact on
migratory bird populations.
    The agency concludes that the MBTA, BGEPA, and Executive Order
13186 do not apply to NHTSA's Decision, because there is no disturbance
and/or take involved in NHTSA's Decision.
12. Department of Transportation Act (Section 4(f))
    Section 4(f) of the Department of Transportation Act of 1966 (49
U.S.C. 303), as amended by Public Law Sec.  109-59, is designed to
preserve publicly owned parklands, waterfowl and wildlife refuges, and
significant historic sites. Specifically, Section 4(f) of the
Department of Transportation Act provides that DOT agencies cannot
approve a transportation program or project that requires the use of
any publicly owned land from a significant public park, recreation
area, or wildlife and waterfowl refuge, or any land from a significant
historic site, unless a determination is made that:
     There is no feasible and prudent alternative to the use of
land, and
     The program or project includes all possible planning to
minimize harm to the property resulting from use, or
     A transportation use of Section 4(f) property results in a
de minimis impact.
    The agency concludes that the Section 4(f) is not applicable to
NHTSA's Decision because this rulemaking does not require the use of
any publicly owned land. For a more detailed discussion, please see
Section 3.5 of the FEIS.
13. Regulatory Flexibility Act
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' 13 CFR 121.105(a). No regulatory
flexibility analysis is required if the head of an agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities.
    I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. The following is
NHTSA's statement providing the factual basis for the certification (5
U.S.C. 605(b)).
    The final rule directly affects twenty-one large single stage motor
vehicle manufacturers.\784\ According to current information, the final
rule would also affect two small domestic single stage motor vehicle
manufacturers, Saleen and Tesla.\785\ According to the Small Business
Administration's small business size standards (see 13 CFR 121.201), a
single stage automobile or light truck manufacturer (NAICS code 336111,
Automobile Manufacturing; 336112, Light Truck and Utility Vehicle
Manufacturing) must have 1,000 or fewer employees to qualify as a small
business. Both Saleen and Tesla have less than 1,000 employees and make
less than 1,000 vehicles per year. We believe that the rulemaking would
not have a significant economic impact on these small vehicle
manufacturers because under part 525, passenger car manufacturers
making less than 10,000 vehicles per year can petition NHTSA to have
alternative standards set for those manufacturers. Tesla produces only
electric vehicles with fuel economy values far above those finalized
today, so we would not expect them to need to petition for relief.
Saleen modifies a very small number of vehicles produced by one of the
21 large single-stage manufacturers, and currently does not meet the
27.5 mpg passenger car standard, nor is it anticipated to be able to
meet the standards proposed today. However, Saleen already petitions
the agency for relief. If the standard is raised, it has no meaningful
impact on Saleen, because it must still go through the same process to
petition for relief. Ferrari commented that NHTSA will not necessarily
always grant the petitions of small vehicle manufacturers for
alternative standards, and that therefore the relief is not
guaranteed.\786\ In response, NHTSA notes that the fact that the agency
may not grant a petition for an alternative standard for one
manufacturer at one time does not mean that the mechanism for handling
small businesses is unavailable for all. Thus, given that there already
is a mechanism for handling small businesses, which is the purpose of
the Regulatory Flexibility Act, a regulatory flexibility analysis was
not prepared.
---------------------------------------------------------------------------

    \784\ BMW, Daimler (Mercedes), Chrysler, Ferrari, Ford, Subaru,
General Motors, Honda, Hyundai, Kia, Lotus, Maserati, Mazda,
Mitsubishi, Nissan, Porsche, Subaru, Suzuki, Tata, Toyota, and
Volkswagen.
    \785\ The Regulatory Flexibility Act only requires analysis of
small domestic manufacturers. There are two passenger car
manufacturers that we know of, Saleen and Tesla, and no light truck
manufacturers.
    \786\ We note that Ferrari would not currently qualify for such
an alternative standard, because it does not manufacture fewer than
10,000 passenger automobiles per year, as required by 49 U.S.C.
32902(d) for exemption from the main passenger car CAFE standard.
---------------------------------------------------------------------------

14. Executive Order 13132 (Federalism)
    Executive Order 13132 requires NHTSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' The Order defines the term ``Policies that
have federalism implications'' to include regulations that have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' Under
the Order, NHTSA may not issue a regulation that has federalism
implications, that imposes substantial direct compliance costs, and
that is not required by statute, unless the Federal government provides
the funds necessary to pay the direct compliance costs incurred by
State and local governments, or NHTSA consults with State and local
officials early in the process of developing the proposed regulation.
Several state agencies provided comments to the proposed standards.
    Additionally, in his January 26 memorandum, the President requested
NHTSA to ``consider whether any provisions regarding preemption are
consistent with the EISA, the Supreme Court's decision in Massachusetts
v. EPA and other relevant provisions of law and the policies underlying
them.'' NHTSA is deferring consideration of the preemption issue. The
agency believes that it is unnecessary to address the issue further at
this time because of the consistent and coordinated Federal standards
that will apply nationally under the National Program.

15. Executive Order 12988 (Civil Justice Reform)
    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \787\
NHTSA has considered whether this rulemaking would have any retroactive
effect. This final rule does not have any retroactive effect.
---------------------------------------------------------------------------

    \787\ 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

16. Unfunded Mandates Reform Act
    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of a proposed or final rule that includes a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Adjusting this amount by the implicit gross domestic
product price deflator for 2006 results in $126 million (116.043/92.106
= 1.26). Before promulgating a rule for which a written statement is
needed, section 205 of UMRA generally requires NHTSA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows NHTSA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
agency publishes with the final rule an explanation why that
alternative was not adopted.
    This final rule will not result in the expenditure by State, local,
or tribal governments, in the aggregate, of more than $126 million
annually, but it will result in the expenditure of that magnitude by
vehicle manufacturers and/or their suppliers. In promulgating this
final rule, NHTSA considered a variety of alternative average fuel
economy standards lower and higher than those proposed. NHTSA is
statutorily required to set standards at the maximum feasible level
achievable by manufacturers based on its consideration and balancing of
relevant factors and has concluded that the final fuel economy
standards are the maximum feasible standards for the passenger car and
light truck fleets for MYs 2012-2016 in light of the statutory
considerations.
17. Regulation Identifier Number
    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
18. Executive Order 13045
    Executive Order 13045\788\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and (2) concerns an environmental, health, or safety risk that NHTSA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the proposed rule on
children, and explain why the proposed regulation is preferable to
other potentially effective and reasonably foreseeable alternatives
considered by us.
---------------------------------------------------------------------------

    \788\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    Chapter 4 of NHTSA's FEIS notes that breathing PM can cause
respiratory ailments, heart attack, and arrhythmias (Dockery et al.
1993, Samet et al. 2000, Pope et al. 1995, 2002, 2004, Pope and Dockery
2006, Dominici et al. 2006, Laden et al. 2006, all in Ebi et al.
2008).\789\ Populations at greatest risk could include children, the
elderly, and those with heart and lung disease, diabetes (Ebi et al.
2008), and high blood pressure (K[uuml]nzli et al. 2005, in Ebi et al.
2008). Chronic exposure to PM could decrease lifespan by 1 to 3 years
(Pope 2000, in American Lung Association 2008). Increasing PM
concentrations are expected to have a measurable adverse impact on
human health (Confalonieri et al. 2007).
---------------------------------------------------------------------------

    \789\ The references referred to in the remainder of this
section are detailed in Section 7.4.5 of the FEIS.
---------------------------------------------------------------------------

    Additionally, the FEIS notes that substantial morbidity and
childhood mortality has been linked to water- and food-borne diseases.
Climate change is projected to alter temperature and the hydrologic
cycle through changes in precipitation, evaporation, transpiration, and
water storage. These changes, in turn, potentially affect water-borne
and food-borne diseases, such as salmonellosis, campylobacter,
leptospirosis, and pathogenic species of vibrio. They also have a
direct impact on surface water availability and water quality.
Increased temperatures, greater evaporation, and heavy rain events have
been associated with adverse impacts on drinking water through
increased waterborne diseases, algal blooms, and toxins (Chorus and
Bartram 1999, Levin et al. 2002, Johnson and Murphy 2004, all in
Epstein et al. 2005). A seasonal signature has been associated with
waterborne disease outbreaks (EPA 2009b). In the United States, 68
percent of all waterborne diseases between 1948 and 1994 were observed
after heavy rainfall events (Curriero et al. 2001a, in Epstein et al.
2005).
    Climate change could further impact a pathogen by directly
affecting its life cycle (Ebi et al. 2008). The global increase in the
frequency, intensity, and duration of red tides could be linked to
local impacts already associated with climate change (Harvell et al.
1999, in Epstein et al. 2005); toxins associated with red tide directly
affect the nervous system (Epstein et al. 2005).
    Many people do not report or seek medical attention for their
ailments of water-borne or food-borne diseases; hence, the number of
actual cases with these diseases is greater than clinical records
demonstrate (Mead et al. 1999, in Ebi et al. 2008). Many of the
gastrointestinal diseases associated with water-borne and food-borne
diseases can be self-limiting; however, vulnerable populations include
young children, those with a compromised immune system, and the
elderly.
    Thus, as detailed in the FEIS, NHTSA has evaluated the
environmental health and safety effects of agency's action on children.
19. National Technology Transfer and Advancement Act
    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-base or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), the Society of Automotive

Engineers (SAE), and the American National Standards Institute (ANSI).
If NHTSA does not use available and potentially applicable voluntary
consensus standards, we are required by the Act to provide Congress,
through OMB, an explanation of the reasons for not using such
standards.
    There are currently no voluntary consensus standards relevant to
today's final CAFE standards.
20. Executive Order 13211
    Executive Order 13211\790\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the final
rule and explain why the final regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by us.
---------------------------------------------------------------------------

    \790\ 66 FR 28355 (May 18, 2001).
---------------------------------------------------------------------------

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

List of Subjects

40 CFR Part 85

    Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.

40 CFR Part 86

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

40 CFR Part 600

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

49 CFR Part 531 and 533

    Fuel economy.

49 CFR Part 536 and 537

    Fuel economy, Reporting and recordkeeping requirements.

49 CFR Part 538

    Administrative practice and procedure, Fuel economy, Motor
vehicles, Reporting and recordkeeping requirements.

Environmental Protection Agency

40 CFR Chapter I

0
Accordingly, EPA amends 40 CFR Chapter I as follows:

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

0
1. The authority citation for part 85 continues to read as follows:

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

Subpart T--[Amended]

0
2. Section 85.1902 is amended by revising paragraphs (b) and (d) to
read as follows:

Sec.  85.1902  Definitions.

* * * * *
    (b) The phrase emission-related defect shall mean:
    (1) A defect in design, materials, or workmanship in a device,
system, or assembly described in the approved Application for
Certification (required by 40 CFR 86.1843-01 and 86.1844-01, and by 40
CFR 86.001-22 and similar provisions of 40 CFR part 86) which affects
any parameter or specification enumerated in appendix VIII of this
part; or
    (2) A defect in the design, materials, or workmanship in one or
more emissions control or emission-related parts, components, systems,
software or elements of design which must function properly to assure
continued compliance with vehicle emission requirements, including
compliance with CO2, CH4, N2O, and
carbon-related exhaust emission standards;
* * * * *
    (d) The phrase Voluntary Emissions Recall shall mean a repair,
adjustment, or modification program voluntarily initiated and conducted
by a manufacturer to remedy any emission-related defect for which
direct notification of vehicle or engine owners has been provided,
including programs to remedy defects related to emissions standards for
CO2, CH4, N2O, and/or carbon-related
exhaust emissions.
* * * * *

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

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

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

0
4. Section 86.1 is amended by adding paragraphs (b)(2)(xxxix) through
(xl) to read as follows:

Sec.  86.1  Reference materials.

* * * * *
    (b) * * *
    (2) * * *
    (xxxix) SAE J2064, Revised December 2005, R134a Refrigerant
Automotive Air-Conditioned Hose, IBR approved for Sec.  86.166-12.
    (xl) SAE J2765, October, 2008, Procedure for Measuring System COP
[Coefficient of Performance] of a Mobile Air Conditioning System on a
Test Bench, IBR approved for Sec.  86.1866-12.
* * * * *

Subpart B--[Amended]

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

Sec.  86.111-94  Exhaust gas analytical system.

* * * * *
    (b) Major component description. The exhaust gas analytical system,
Figure B94-7, consists of a flame ionization detector (FID) (heated,
235 [deg]15 [deg]F (113 [deg]8 [deg]C) for
methanol-fueled vehicles) for the determination of THC, a methane
analyzer (consisting of a gas chromatograph combined with a FID) for
the determination of CH4, non-dispersive infrared analyzers
(NDIR) for the determination of CO and CO2, a
chemiluminescence analyzer (CL) for the determination of
NOX, and an analyzer meeting the requirements specified in
40 CFR 1065.275 for the determination of N2O (required for
2015 and later model year vehicles). A heated

flame ionization detector (HFID) is used for the continuous
determination of THC from petroleum-fueled diesel-cycle vehicles (may
also be used with methanol-fueled diesel-cycle vehicles), Figure B94-5
(or B94-6). The analytical system for methanol consists of a gas
chromatograph (GC) equipped with a flame ionization detector. The
analysis for formaldehyde is performed using high-pressure liquid
chromatography (HPLC) of 2,4-dinitrophenylhydrazine (DNPH) derivatives
using ultraviolet (UV) detection. The exhaust gas analytical system
shall conform to the following requirements:
* * * * *

0
6. Section 86.113-04 is amended by revising the entry for RVP in the
table in paragraph (a)(1) to read as follows:

Sec.  86.113-04  Fuel specifications.

* * * * *
    (a) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                            Item                                ASTM test method No.              Value
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
RVP 2, 3....................................................                    D 323       8.7-9.2 (60.0-63.4)

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
7. A new Sec.  86.127-12 is added to read as follows:

Sec.  86.127-12  Test procedures; overview.

    Applicability. The procedures described in this subpart are used to
determine the conformity of vehicles with the standards set forth in
subpart A or S of this part (as applicable) for light-duty vehicles,
light-duty trucks, and medium-duty passenger vehicles. Except where
noted, the procedures of paragraphs (a) through (d) of this section,
and the contents of Sec. Sec.  86.135-00, 86.136-90, 86.137-96, 86.140-
94, 86.142-90, and 86.144-94 are applicable for determining emission
results for vehicle exhaust emission systems designed to comply with
the FTP emission standards, or the FTP emission element required for
determining compliance with composite SFTP standards. Paragraph (e) of
this section discusses fuel spitback emissions. Paragraphs (f) and (g)
of this section discuss the additional test elements of aggressive
driving (US06) and air conditioning (SC03) that comprise the exhaust
emission components of the SFTP. Paragraphs (h) and (i) of this section
are applicable to all vehicle emission test procedures.
    (a) The overall test consists of prescribed sequences of fueling,
parking, and operating test conditions. Vehicles are tested for any or
all of the following emissions, depending upon the specific test
requirements and the vehicle fuel type:
    (1) Gaseous exhaust THC, NMHC, NMOG, CO, NOX,
CO2, N2O, CH4, CH3OH,
C2H5OH, C2H4O, and HCHO.
    (2) Particulates.
    (3) Evaporative HC (for gasoline-fueled, methanol-fueled and
gaseous-fueled vehicles) and CH3OH (for methanol-fueled
vehicles). The evaporative testing portion of the procedure occurs
after the exhaust emission test; however, exhaust emissions need not be
sampled to complete a test for evaporative emissions.
    (4) Fuel spitback (this test is not required for gaseous-fueled
vehicles).
    (b) The FTP Otto-cycle exhaust emission test is designed to
determine gaseous THC, NMHC, NMOG, CO, CO2, CH4,
NOX, N2O, and particulate mass emissions from
gasoline-fueled, methanol-fueled and gaseous-fueled Otto-cycle vehicles
as well as methanol and formaldehyde from methanol-fueled Otto-cycle
vehicles, as well as methanol, ethanol, acetaldehyde, and formaldehyde
from ethanol-fueled vehicles, while simulating an average trip in an
urban area of approximately 11 miles (approximately 18 kilometers). The
test consists of engine start-ups and vehicle operation on a chassis
dynamometer through a specified driving schedule (see paragraph (a) of
appendix I to this part for the Urban Dynamometer Driving Schedule). A
proportional part of the diluted exhaust is collected continuously for
subsequent analysis, using a constant volume (variable dilution)
sampler or critical flow venturi sampler.
    (c) The diesel-cycle exhaust emission test is designed to determine
particulate and gaseous mass emissions during the test described in
paragraph (b) of this section. For petroleum-fueled diesel-cycle
vehicles, diluted exhaust is continuously analyzed for THC using a
heated sample line and analyzer; the other gaseous emissions
(CH4, CO, CO2, N2O, and
NOX) are collected continuously for analysis as in paragraph
(b) of this section. For methanol- and ethanol-fueled vehicles, THC,
methanol, formaldehyde, CO, CO2, CH4,
N2O, and NOX are collected continuously for
analysis as in paragraph (b) of this section. Additionally, for
ethanol-fueled vehicles, ethanol and acetaldehyde are collected
continuously for analysis as in paragraph (b) of this section. THC,
methanol, ethanol, acetaldehyde, and formaldehyde are collected using
heated sample lines, and a heated FID is used for THC analyses.
Simultaneous with the gaseous exhaust collection and analysis,
particulates from a proportional part of the diluted exhaust are
collected continuously on a filter. The mass of particulate is
determined by the procedure described in Sec.  86.139. This testing
requires a dilution tunnel as well as the constant volume sampler.
    (d) The evaporative emission test (gasoline-fueled vehicles,
methanol-fueled and gaseous-fueled vehicles) is designed to determine
hydrocarbon and methanol evaporative emissions as a consequence of
diurnal temperature fluctuation, urban driving and hot soaks following
drives. It is associated with a series of events that a vehicle may
experience and that may result in hydrocarbon and/or methanol vapor
losses. The test procedure is designed to measure:
    (1) Diurnal emissions resulting from daily temperature changes (as
well as relatively constant resting losses), measured by the enclosure
technique (see Sec.  86.133-96);
    (2) Running losses resulting from a simulated trip performed on a
chassis dynamometer, measured by the enclosure or point-source
technique (see Sec.  86.134-96; this test is not required for gaseous-
fueled vehicles); and
    (3) Hot soak emissions, which result when the vehicle is parked and
the hot engine is turned off, measured by the enclosure technique (see
Sec.  86.138-96).
    (e) Fuel spitback emissions occur when a vehicle's fuel fill neck
cannot

accommodate dispensing rates. The vehicle test for spitback consists of
a short drive followed immediately by a complete refueling event. This
test is not required for gaseous-fueled vehicles.
    (f) The element of the SFTP for exhaust emissions related to
aggressive driving (US06) is designed to determine gaseous THC, NMHC,
CO, CO2, CH4, and NOX emissions from
gasoline-fueled or diesel-fueled vehicles (see Sec.  86.158-08
Supplemental test procedures; overview, and Sec.  86.159-08 Exhaust
emission test procedures for US06 emissions). The test cycle simulates
urban driving speeds and accelerations that are not represented by the
FTP Urban Dynamometer Driving Schedule simulated trips discussed in
paragraph (b) of this section. The test consists of vehicle operation
on a chassis dynamometer through a specified driving cycle (see
paragraph (g), US06 Dynamometer Driving Schedule, of appendix I to this
part). A proportional part of the diluted exhaust is collected
continuously for subsequent analysis, using a constant volume (variable
dilution) sampler or critical flow venturi sampler.
    (g)(1) The element of the SFTP related to the increased exhaust
emissions caused by air conditioning operation (SC03) is designed to
determine gaseous THC, NMHC, CO, CO2, CH4, and
NOX emissions from gasoline-fueled or diesel fueled vehicles
related to air conditioning use (see Sec.  86.158-08 Supplemental
Federal test procedures; overview and Sec.  86.160-00 Exhaust emission
test procedure for SC03 emissions). The test cycle simulates urban
driving behavior with the air conditioner operating. The test consists
of engine startups and vehicle operation on a chassis dynamometer
through specified driving cycles (see paragraph (h), SC03 Dynamometer
Driving Schedule, of appendix I to this part). A proportional part of
the diluted exhaust is collected continuously for subsequent analysis,
using a constant volume (variable dilution) sampler or critical flow
venturi sampler. The testing sequence includes an approved
preconditioning cycle, a 10 minute soak with the engine turned off, and
the SC03 cycle with measured exhaust emissions.
    (2) The SC03 air conditioning test is conducted with the air
conditioner operating at specified settings and the ambient test
conditions of:
    (i) Air temperature of 95 [deg]F;
    (ii) 100 grains of water/pound of dry air (approximately 40 percent
relative humidity);
    (iii) Simulated solar heat intensity of 850 W/m\2\ (see Sec.
86.161-00(d)); and
    (iv) Air flow directed at the vehicle that will provide
representative air conditioner system condenser cooling at all vehicle
speeds (see Sec.  86.161-00(e)).
    (3) Manufacturers have the option of simulating air conditioning
operation during testing at other ambient test conditions provided they
can demonstrate that the vehicle tail pipe exhaust emissions are
representative of the emissions that would result from the SC03 cycle
test procedure and the ambient conditions of paragraph (g)(2) of this
section. The simulation test procedure must be approved in advance by
the Administrator (see Sec. Sec.  86.162-03 and 86.163-00).
    (h) Except in cases of component malfunction or failure, all
emission control systems installed on or incorporated in a new motor
vehicle shall be functioning during all procedures in this subpart.
Maintenance to correct component malfunction or failure shall be
authorized in accordance with Sec.  86.007-25 or Sec.  86.1834-01 as
applicable.
    (i) Background concentrations are measured for all species for
which emissions measurements are made. For exhaust testing, this
requires sampling and analysis of the dilution air. For evaporative
testing, this requires measuring initial concentrations. (When testing
methanol-fueled vehicles, manufacturers may choose not to measure
background concentrations of methanol and/or formaldehyde, and then
assume that the concentrations are zero during calculations.)

0
8. A new Sec.  86.135-12 is added to read as follows:

Sec.  86.135-12  Dynamometer procedure.

    (a) Overview. The dynamometer run consists of two tests, a ``cold''
start test, after a minimum 12-hour and a maximum 36-hour soak
according to the provisions of Sec. Sec.  86.132 and 86.133, and a
``hot'' start test following the ``cold'' start by 10 minutes. Engine
startup (with all accessories turned off), operation over the UDDS, and
engine shutdown make a complete cold start test. Engine startup and
operation over the first 505 seconds of the driving schedule complete
the hot start test. The exhaust emissions are diluted with ambient air
in the dilution tunnel as shown in Figure B94-5 and Figure B94-6. A
dilution tunnel is not required for testing vehicles waived from the
requirement to measure particulates. Six particulate samples are
collected on filters for weighing; the first sample plus backup is
collected during the first 505 seconds of the cold start test; the
second sample plus backup is collected during the remainder of the cold
start test (including shutdown); the third sample plus backup is
collected during the hot start test. Continuous proportional samples of
gaseous emissions are collected for analysis during each test phase.
For gasoline-fueled, natural gas-fueled and liquefied petroleum gas-
fueled Otto-cycle vehicles, the composite samples collected in bags are
analyzed for THC, CO, CO2, CH4, NOX,
and, for 2015 and later model year vehicles, N2O. For
petroleum-fueled diesel-cycle vehicles (optional for natural gas-
fueled, liquefied petroleum gas-fueled and methanol-fueled diesel-cycle
vehicles), THC is sampled and analyzed continuously according to the
provisions of Sec.  86.110-94. Parallel samples of the dilution air are
similarly analyzed for THC, CO, CO2, CH4,
NOX, and, for 2015 and later model year vehicles,
N2O. For natural gas-fueled, liquefied petroleum gas-fueled
and methanol-fueled vehicles, bag samples are collected and analyzed
for THC (if not sampled continuously), CO, CO2,
CH4, NOX, and, for 2015 and later model year
vehicles, N2O. For methanol-fueled vehicles, methanol and
formaldehyde samples are taken for both exhaust emissions and dilution
air (a single dilution air formaldehyde sample, covering the total test
period may be collected). For ethanol-fueled vehicles, methanol,
ethanol, acetaldehyde, and formaldehyde samples are taken for both
exhaust emissions and dilution air (a single dilution air formaldehyde
sample, covering the total test period may be collected). Parallel bag
samples of dilution air are analyzed for THC, CO, CO2,
CH4, NOX, and, for 2015 and later model year
vehicles, N2O.
    (b) During dynamometer operation, a fixed speed cooling fan shall
be positioned so as to direct cooling air to the vehicle in an
appropriate manner with the engine compartment cover open. In the case
of vehicles with front engine compartments, the fan shall be squarely
positioned within 12 inches (30.5 centimeters) of the vehicle. In the
case of vehicles with rear engine compartments (or if special designs
make the above impractical), the cooling fan shall be placed in a
position to provide sufficient air to maintain vehicle cooling. The fan
capacity shall normally not exceed 5300 cfm (2.50 m\3\/sec). However,
if the manufacturer can show that during field operation the vehicle
receives additional cooling, and that such additional cooling is needed
to provide a representative test, the fan capacity may be increased,
additional fans used, variable speed fan(s) may be used, and/or the
engine compartment

cover may be closed, if approved in advance by the Administrator. For
example, the hood may be closed to provide adequate air flow to an
intercooler through a factory installed hood scoop. Additionally, the
Administrator may conduct certification, fuel economy and in-use
testing using the additional cooling set-up approved for a specific
vehicle.
    (c) The vehicle speed as measured from the dynamometer rolls shall
be used. A speed vs. time recording, as evidence of dynamometer test
validity, shall be supplied on request of the Administrator.
    (d) Practice runs over the prescribed driving schedule may be
performed at test point, provided an emission sample is not taken, for
the purpose of finding the minimum throttle action to maintain the
proper speed-time relationship, or to permit sampling system
adjustment. Note: When using two-roll dynamometers a truer speed-time
trace may be obtained by minimizing the rocking of the vehicle in the
rolls; the rocking of the vehicle changes the tire rolling radius on
each roll. This rocking may be minimized by restraining the vehicle
horizontally (or nearly so) by using a cable and winch.
    (e) The drive wheel tires may be inflated up to a gauge pressure of
45 psi (310 kPa) in order to prevent tire damage. The drive wheel tire
pressure shall be reported with the test results.
    (f) If the dynamometer has not been operated during the 2-hour
period immediately preceding the test, it shall be warmed up for 15
minutes by operating at 30 mph (48 kph) using a non-test vehicle or as
recommended by the dynamometer manufacturer.
    (g) If the dynamometer horsepower must be adjusted manually, it
shall be set within 1 hour prior to the exhaust emissions test phase.
The test vehicle shall not be used to make this adjustment.
Dynamometers using automatic control of pre-selectable power settings
may be set anytime prior to the beginning of the emissions test.
    (h) The driving distance, as measured by counting the number of
dynamometer roll or shaft revolutions, shall be determined for the
transient cold start, stabilized cold start, and transient hot start
phases of the test. The revolutions shall be measured on the same roll
or shaft used for measuring the vehicle's speed.
    (i) Four-wheel drive and all-wheel drive vehicles may be tested
either in a four-wheel drive or a two-wheel drive mode of operation. In
order to test in the two-wheel drive mode, four-wheel drive and all-
wheel drive vehicles may have one set of drive wheels disengaged; four-
wheel and all-wheel drive vehicles which can be shifted to a two-wheel
mode by the driver may be tested in a two-wheel drive mode of
operation.

0
9. A new Sec.  86.165-12 is added to subpart B to read as follows:

Sec.  86.165-12  Air conditioning idle test procedure.

    (a) Applicability. This section describes procedures for
determining air conditioning-related CO2 emissions from
light-duty vehicles, light-duty trucks, and medium-duty passenger
vehicles. The results of this test are used to qualify for air
conditioning efficiency CO2 credits according to Sec.
86.1866-12(c).
    (b) Overview. The test consists of a brief period to stabilize the
vehicle at idle, followed by a ten-minute period at idle when
CO2 emissions are measured without any air conditioning
systems operating, followed by a ten-minute period at idle when
CO2 emissions are measured with the air conditioning system
operating. This test is designed to determine the air conditioning-
related CO2 emission value, in grams per minute. If engine
stalling occurs during cycle operation, follow the provisions of Sec.
86.136-90 to restart the test. Measurement instruments must meet the
specifications described in this subpart.
    (c) Test cell ambient conditions.
    (1) Ambient humidity within the test cell during all phases of the
test sequence shall be controlled to an average of 50  5
grains of water/pound of dry air.
    (2) Ambient air temperature within the test cell during all phases
of the test sequence shall be controlled to 75  2 [deg]F on
average and 75  5 [deg]F as an instantaneous measurement.
Air temperature shall be recorded continuously at a minimum of 30
second intervals.
    (d) Test sequence.
    (1) Connect the vehicle exhaust system to the raw sampling location
or dilution stage according to the provisions of this subpart. For
dilution systems, dilute the exhaust as described in this subpart.
Continuous sampling systems must meet the specifications provided in
this subpart.
    (2) Test the vehicle in a fully warmed-up condition. If the vehicle
has soaked for two hours or less since the last exhaust test element,
preconditioning may consist of a 505 Cycle, 866 Cycle, US06, or SC03,
as these terms are defined in Sec.  86.1803-01, or a highway fuel
economy test procedure, as defined in Sec.  600.002-08 of this chapter.
For soak periods longer than two hours, precondition the vehicle using
one full Urban Dynamometer Driving Schedule. Ensure that the vehicle
has stabilized at test cell ambient conditions such that the vehicle
interior temperature is not substantially different from the external
test cell temperature. Windows may be opened during preconditioning to
achieve this stabilization.
    (3) Immediately after the preconditioning, turn off any cooling
fans, if present, close the vehicle's hood, fully close all the
vehicle's windows, ensure that all the vehicle's air conditioning
systems are set to full off, start the CO2 sampling system,
and then idle the vehicle for not less than 1 minute and not more than
5 minutes to achieve normal and stable idle operation.
    (4) Measure and record the continuous CO2 concentration
for 600 seconds. Measure the CO2 concentration continuously
using raw or dilute sampling procedures. Multiply this concentration by
the continuous (raw or dilute) flow rate at the emission sampling
location to determine the CO2 flow rate. Calculate the
CO2 cumulative flow rate continuously over the test
interval. This cumulative value is the total mass of the emitted
CO2.
    (5) Within 60 seconds after completing the measurement described in
paragraph (d)(4) of this section, turn on the vehicle's air
conditioning system. Set automatic air conditioning systems to a
temperature 9 [deg]F (5 [deg]C) below the ambient temperature of the
test cell. Set manual air conditioning systems to maximum cooling with
recirculation turned off, except that recirculation shall be enabled if
the air conditioning system automatically defaults to a recirculation
mode when set to maximum cooling. Continue idling the vehicle while
measuring and recording the continuous CO2 concentration for
600 seconds as described in paragraph (d)(4) of this section. Air
conditioning systems with automatic temperature controls are finished
with the test after this 600 second idle period. Manually controlled
air conditioning systems must complete one additional idle period as
described in paragraph (d)(6) of this section.
    (6) This paragraph (d)(6) applies only to manually controlled air
conditioning systems. Within 60 seconds after completing the
measurement described in paragraph (d)(5) of this section, leave the
vehicle's air conditioning system on and set as described in paragraph
(d)(5) of this section but set the fan speed to the lowest setting that
continues to provide air flow. Recirculation shall be turned off except
that if the system defaults to a recirculation mode when set to maximum
cooling and maintains

recirculation with the low fan speed, then recirculation shall continue
to be enabled. After the fan speed has been set, continue idling the
vehicle while measuring and recording the continuous CO2
concentration for a total of 600 seconds as described in paragraph
(d)(4) of this section.
    (e) Calculations. (1) For the measurement with no air conditioning
operation, calculate the CO2 emissions (in grams per minute)
by dividing the total mass of CO2 from paragraph (d)(4) of
this section by 10.0 (the duration in minutes for which CO2
is measured). Round this result to the nearest tenth of a gram per
minute.
    (2)(i) For the measurement with air conditioning in operation for
automatic air conditioning systems, calculate the CO2
emissions (in grams per minute) by dividing the total mass of
CO2 from paragraph (d)(5) of this section by 10.0. Round
this result to the nearest tenth of a gram per minute.
    (ii) For the measurement with air conditioning in operation for
manually controlled air conditioning systems, calculate the
CO2 emissions (in grams per minute) by summing the total
mass of CO2 from paragraphs (d)(5) and (d)(6) of this
section and dividing by 20.0. Round this result to the nearest tenth of
a gram per minute.
    (3) Calculate the increased CO2 emissions due to air
conditioning (in grams per minute) by subtracting the results of
paragraph (e)(1) of this section from the results of paragraph
(e)(2)(i) or (ii) of this section, whichever is applicable.
    (f) The Administrator may prescribe procedures other than those in
this section for air conditioning systems and/or vehicles that may not
be susceptible to satisfactory testing by the procedures and methods in
this section. For example, the Administrator may prescribe alternative
air conditioning system settings for systems with controls that are not
able to meet the requirements in this section.

0
10. A new Sec.  86.166-12 is added to subpart B to read as follows:

Sec.  86.166-12  Method for calculating emissions due to air
conditioning leakage.

    This section describes procedures used to determine a refrigerant
leakage rate in grams per year from vehicle-based air conditioning
units. The results of this test are used to determine air conditioning
leakage credits according to Sec.  86.1866-12(b).
    (a) Emission totals. Calculate an annual rate of refrigerant
leakage from an air conditioning system using the following equation:

Grams/YRTOT = Grams/YRRP + Grams/YRSP
+ Grams/YRFH + Grams/YRMC + Grams/YRC

Where:

Grams/YRTOT = Total air conditioning system emission rate
in grams per year and rounded to the nearest tenth of a gram per
year.
Grams/YRRP = Emission rate for rigid pipe connections as
described in paragraph (b) of this section.
Grams/YRSP = Emission rate for service ports and
refrigerant control devices as described in paragraph (c) of this
section.
Grams/YRFH = Emission rate for flexible hoses as
described in paragraph (d) of this section.
Grams/YRMC = Emission rate for heat exchangers, mufflers,
receiver/driers, and accumulators as described in paragraph (e) of
this section.
Grams/YRC = Emission rate for compressors as described in
paragraph (f) of this section.

    (b) Rigid pipe connections. Determine the grams per year emission
rate for rigid pipe connections using the following equation:

Grams/YRRP = 0.00522 x [(125 x SO) + (75 x SCO) + (50 x MO)
+ (10 x SW) + (5 x SWO) + (MG)]

Where:

Grams/YRRP = Total emission rate for rigid pipe
connections in grams per year.
SO = The number of single O-ring connections.
SCO = The number of single captured O-ring connections.
MO = The number of multiple O-ring connections.
SW = The number of seal washer connections.
SWO = The number of seal washer with O-ring connections.
MG = The number of metal gasket connections.

    (c) Service ports and refrigerant control devices. Determine the
grams per year emission rate for service ports and refrigerant control
devices using the following equation:

Grams/YRSP = 0.522 x [(0.3 x HSSP) + (0.2 x LSSP) + (0.2 x
STV) + (0.2 x TXV)]

Where:

Grams/YRSP = The emission rate for service ports and
refrigerant control devices, in grams per year.
HSSP = The number of high side service ports.
LSSP = The number of low side service ports.
STV = The total number of switches, transducers, and pressure relief
valves.
TXV = The number of refrigerant control devices.

    (d) Flexible hoses. Determine the permeation emission rate in grams
per year for each segment of flexible hose using the following
equation, and then sum the values for all hoses in the system to
calculate a total flexible hose emission rate for the system. Hose end
connections shall be included in the calculations in paragraph (b) of
this section.

Grams/YRFH = 0.00522 x (3.14159 x ID x L x ER)

Where:

Grams/YRFH = Emission rate for a segment of flexible hose
in grams per year.
ID = Inner diameter of hose, in millimeters.
L = Length of hose, in millimeters.
ER = Emission rate per unit internal surface area of the hose, in g/
mm\2\. Select the appropriate value for ER from the following table:

------------------------------------------------------------------------
                                                   ER
    Material/configuration     -----------------------------------------
                                 High-pressure side   Low-pressure side
------------------------------------------------------------------------
All rubber hose...............              0.0216               0.0144
Standard barrier or veneer                  0.0054               0.0036
 hose.........................
Ultra-low permeation barrier                0.00225              0.00167
 or veneer hose...............
------------------------------------------------------------------------

     (e) Heat exchangers, mufflers, receiver/driers, and accumulators.
Use an emission rate of 0.261 grams per year as a combined value for
all heat exchangers, mufflers, receiver/driers, and accumulators
(Grams/YRMC).
    (f) Compressors. Determine the emission rate for compressors using
the following equation, except that the final term in the equation
(``1500/SSL'') is not applicable to electric (or semi-hermetic)
compressors:

Grams/YRC = 0.00522 x [(300 x OHS) + (200 x MHS) + (150 x
FAP) + (100 x GHS) + (1500/SSL)]

Where:

Grams/YRC = The emission rate for the compressors in the
air conditioning system, in grams per year.

OHS = The number of O-ring housing seals.
MHS = The number of molded housing seals.
FAP = The number of fitting adapter plates.
GHS = The number of gasket housing seals.
SSL = The number of lips on shaft seal (for belt-driven compressors
only).

    (g) Definitions. The following definitions apply to this section:
    (1) All rubber hose means a Type A or Type B hose as defined by SAE
J2064 with a permeation rate not greater than 15 kg/m\2\/year when
tested according to SAE J2064. SAE J2064 is incorporated by reference;
see Sec.  86.1.
    (2) Standard barrier or veneer hose means a Type C, D, E, or F hose
as defined by SAE J2064 with a permeation rate not greater than 5 kg/
m\2\/year when tested according to SAE J2064. SAE J2064 is incorporated
by reference; see Sec.  86.1.
    (3) Ultra-low permeation barrier or veneer hose means a hose with a
permeation rate not greater than 1.5 kg/m\2\/year when tested according
to SAE J2064. SAE J2064 is incorporated by reference; see Sec.  86.1.

Subpart S--[Amended]

0
11. A new Sec.  86.1801-12 is added to read as follows:

Sec.  86.1801-12  Applicability.

    (a) Applicability. Except as otherwise indicated, the provisions of
this subpart apply to new light-duty vehicles, light-duty trucks,
medium-duty passenger vehicles, and Otto-cycle complete heavy-duty
vehicles, including multi-fueled, alternative fueled, hybrid electric,
plug-in hybrid electric, and electric vehicles. These provisions also
apply to new incomplete light-duty trucks below 8,500 Gross Vehicle
Weight Rating. In cases where a provision applies only to a certain
vehicle group based on its model year, vehicle class, motor fuel,
engine type, or other distinguishing characteristics, the limited
applicability is cited in the appropriate section of this subpart.
    (b) Aftermarket conversions. The provisions of this subpart apply
to aftermarket conversion systems, aftermarket conversion installers,
and aftermarket conversion certifiers, as those terms are defined in 40
CFR 85.502, of all model year light-duty vehicles, light-duty trucks,
medium-duty passenger vehicles, and complete Otto-cycle heavy-duty
vehicles.
    (c) Optional applicability.
    (1) [Reserved]
    (2) A manufacturer may request to certify any incomplete Otto-cycle
heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less
in accordance with the provisions for complete heavy-duty vehicles.
Heavy-duty engine or heavy-duty vehicle provisions of subpart A of this
part do not apply to such a vehicle.
    (3) [Reserved]
    (4) Upon preapproval by the Administrator, a manufacturer may
optionally certify an aftermarket conversion of a complete heavy-duty
vehicle greater than 10,000 pounds Gross Vehicle Weight Rating and of
14,000 pounds Gross Vehicle Weight Rating or less under the heavy-duty
engine or heavy-duty vehicle provisions of subpart A of this part. Such
preapproval will be granted only upon demonstration that chassis-based
certification would be infeasible or unreasonable for the manufacturer
to perform.
    (5) A manufacturer may optionally certify an aftermarket conversion
of a complete heavy-duty vehicle greater than 10,000 pounds Gross
Vehicle Weight Rating and of 14,000 pounds Gross Vehicle Weight Rating
or less under the heavy-duty engine or heavy-duty vehicle provisions of
subpart A of this part without advance approval from the Administrator
if the vehicle was originally certified to the heavy-duty engine or
heavy-duty vehicle provisions of subpart A of this part.
    (d) Small volume manufacturers. Special certification procedures
are available for any manufacturer whose projected or actual combined
sales in all states and territories of the United States of light-duty
vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty
engines in its product line (including all vehicles and engines
imported under the provisions of 40 CFR 85.1505 and 85.1509) are fewer
than 15,000 units for the model year in which the manufacturer seeks
certification. The small volume manufacturer's light-duty vehicle and
light-duty truck certification procedures are described in Sec.
86.1838-01.
    (e)-(g) [Reserved]
    (h) Applicability of provisions of this subpart to light-duty
vehicles, light-duty trucks, medium-duty passenger vehicles, and heavy-
duty vehicles. Numerous sections in this subpart provide requirements
or procedures applicable to a ``vehicle'' or ``vehicles.'' Unless
otherwise specified or otherwise determined by the Administrator, the
term ``vehicle'' or ``vehicles'' in those provisions apply equally to
light-duty vehicles (LDVs), light-duty trucks (LDTs), medium-duty
passenger vehicles (MDPVs), and heavy-duty vehicles (HDVs), as those
terms are defined in Sec.  86.1803-01.
    (i) Applicability of provisions of this subpart to exhaust
greenhouse gas emissions. Numerous sections in this subpart refer to
requirements relating to ``exhaust emissions.'' Unless otherwise
specified or otherwise determined by the Administrator, the term
``exhaust emissions'' refers at a minimum to emissions of all
pollutants described by emission standards in this subpart, including
carbon dioxide (CO2), nitrous oxide (N2O), and
methane (CH4).
    (j) Exemption from greenhouse gas emission standards for small
businesses. Manufacturers that qualify as a small business under the
Small Business Administration regulations in 13 CFR part 121 are exempt
from the greenhouse gas emission standards specified in Sec.  86.1818-
12 and in associated provisions in this part and in part 600 of this
chapter. Both U.S.-based and non-U.S.-based businesses are eligible for
this exemption. The following categories of businesses (with their
associated NAICS codes) may be eligible for exemption based on the
Small Business Administration size standards in 13 CFR 121.201.
    (1) Vehicle manufacturers (NAICS code 336111).
    (2) Independent commercial importers (NAICS codes 811111, 811112,
811198, 423110, 424990, and 441120).
    (3) Alternate fuel vehicle converters (NAICS codes 335312, 336312,
336322, 336399, 454312, 485310, and 811198).
    (k) Conditional exemption from greenhouse gas emission standards.
Manufacturers meeting the eligibility requirements described in
paragraph (k)(1) and (2) of this section may request a conditional
exemption from compliance with the emission standards described in
Sec.  86.1818-12 paragraphs (c) through (e) and associated provisions
in this part and in part 600 of this chapter. The terms ``sales'' and
``sold'' as used in this paragraph (k) shall mean vehicles produced and
delivered for sale (or sold) in the states and territories of the
United States. For the purpose of determining eligibility the sales of
related companies shall be aggregated according to the provisions of
Sec.  86.1838-01(b)(3).
    (1) Eligibility requirements. Eligibility as determined in this
paragraph (k) shall be based on the total sales of combined passenger
automobiles and light trucks. Manufacturers must meet one of the
requirements in paragraph (k)(1)(i) or (ii) of this section to
initially qualify for this exemption.
    (i) A manufacturer with 2008 or 2009 model year sales of more than
zero and fewer than 5,000 is eligible for a conditional exemption from
the greenhouse gas emission standards

described in Sec.  86.1818-12 paragraphs (c) through (e).
    (ii) A manufacturer with 2008 or 2009 model year sales of more than
zero and fewer than 5,000 while under the control of another
manufacturer, where those 2008 or 2009 model year vehicles bore the
brand of the producing manufacturer but were sold by or otherwise under
the control of another manufacturer, and where the manufacturer
producing the vehicles became independent no later than December 31,
2010, is eligible for a conditional exemption from the greenhouse gas
emission standards described in Sec.  86.1818-12 paragraphs (c) through
(e).
    (2) Maintaining eligibility for exemption from greenhouse gas
emission standards. To remain eligible for exemption under this
paragraph (k) the manufacturer's average sales for the three most
recent consecutive model years must remain below 5,000. If a
manufacturer's average sales for the three most recent consecutive
model years exceeds 4999, the manufacturer will no longer be eligible
for exemption and must meet applicable emission standards according to
the provisions in this paragraph (k)(2).
    (i) If a manufacturer's average sales for three consecutive model
years exceeds 4999, and if the increase in sales is the result of
corporate acquisitions, mergers, or purchase by another manufacturer,
the manufacturer shall comply with the emission standards described in
Sec.  86.1818-12 paragraphs (c) through (e), as applicable, beginning
with the first model year after the last year of the three consecutive
model years.
    (ii) If a manufacturer's average sales for three consecutive model
years exceeds 4999 and is less than 50,000, and if the increase in
sales is solely the result of the manufacturer's expansion in vehicle
production, the manufacturer shall comply with the emission standards
described in Sec.  86.1818-12 paragraphs (c) through (e), as
applicable, beginning with the second model year after the last year of
the three consecutive model years.
    (iii) If a manufacturer's average sales for three consecutive model
years exceeds 49,999, the manufacturer shall comply with the emission
standards described in Sec.  86.1818-12 paragraphs (c) through (e), as
applicable, beginning with the first model year after the last year of
the three consecutive model years.
    (3) Requesting the conditional exemption from standards. To be
exempted from the standards described in Sec.  86.1818-12(c) through
(e), the manufacturer must submit a declaration to EPA containing a
detailed written description of how the manufacturer qualifies under
the provisions of this paragraph (k). The declaration must describe
eligibility information that includes the following: model year 2008
and 2009 sales, sales volumes for each of the most recent three model
years, detailed information regarding ownership relationships with
other manufacturers, details regarding the application of the
provisions of Sec.  86.1838-01(b)(3) regarding the aggregation of sales
of related companies, and documentation of good-faith efforts made by
the manufacturer to purchase credits from other manufacturers. This
declaration must be signed by a chief officer of the company, and must
be made prior to each model year for which the exemption is requested.
The declaration must be submitted to EPA at least 30 days prior to the
introduction into commerce of any vehicles for each model year for
which the exemption is requested, but not later than December of the
calendar year prior to the model year for which exemption is requested.
A conditional exemption will be granted when EPA approves the exemption
declaration. The declaration must be sent to the Environmental
Protection Agency at the following address: Director, Compliance and
Innovative Strategies Division, U.S. Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, Michigan 48105.

0
12. Section 86.1803-01 is amended as follows:
0
a. By adding the definition for ``Air conditioning idle test.''
0
b. By adding the definition for ``Air conditioning system.''
0
c. By revising the definition for ``Banking.''
0
d. By adding the definition for ``Base level.''
0
e. By adding the definition for ``Base tire.''
0
f. By adding the definition for ``Base vehicle.''
0
g. By revising the definition for ``Basic engine.''
0
h. By adding the definition for ``Carbon-related exhaust emissions.''
0
i. By adding the definition for ``Combined CO2.''
0
j. By adding the definition for ``Combined CREE.''
0
k. By adding the definition for ``Electric vehicle.''
0
l. By revising the definition for ``Engine code.''
0
m. By adding the definition for ``Ethanol fueled vehicle.''
0
n. By revising the definition for ``Flexible fuel vehicle.''
0
o. By adding the definition for ``Footprint.''
0
p. By adding the definition for ``Fuel cell electric vehicle.''
0
q. By adding the definition for ``Highway fuel economy test
procedure.''
0
r. By adding the definition for ``Hybrid electric vehicle.''
0
s. By adding the definition for ``Interior volume index.''
0
t. By revising the definition for ``Model type.''
0
u. By adding the definition for ``Motor vehicle.''
0
v. By adding the definition for ``Multi-fuel vehicle.''
0
w. By adding the definition for ``Petroleum equivalency factor.''
0
x. By adding the definition for ``Petroleum-equivalent fuel economy.''
0
y. By adding the definition for ``Petroleum powered accessory.''
0
z. By adding the definition for ``Plug-in hybrid electric vehicle.''
0
aa. By adding the definition for ``Production volume.''
0
bb. By revising the definition for ``Round, rounded, or rounding.''
0
cc. By adding the definition for ``Subconfiguration.''
0
dd. By adding the definition for ``Track width.''
0
ee. By revising the definition for ``Transmission class.''
0
ff. By revising the definition for ``Transmission configuration.''
0
gg. By adding the definition for ``Wheelbase.''

Sec.  86.1803-01  Definitions.

* * * * *
    Air Conditioning Idle Test means the test procedure specified in
Sec.  86.165-12.
    Air conditioning system means a unique combination of air
conditioning and climate control components, including: compressor type
(e.g., belt, gear, or electric-driven, or a combination of compressor
drive mechanisms); compressor refrigerant capacity; the number and type
of rigid pipe and flexible hose connections; the number of high side
service ports; the number of low side service ports; the number of
switches, transducers, and expansion valves; the number of TXV
refrigerant control devices; the number and type of heat exchangers,
mufflers, receiver/dryers, and accumulators; and the length and type of
flexible hose (e.g., rubber, standard barrier or veneer, ultra-low
permeation).
* * * * *
    Banking means one of the following:
    (1) The retention of NOX emission credits for complete
heavy-duty vehicles by the manufacturer generating the emission
credits, for use in future model year certification programs as
permitted by regulation.

    (2) The retention of cold temperature non-methane hydrocarbon
(NMHC) emission credits for light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles by the manufacturer generating the
emission credits, for use in future model year certification programs
as permitted by regulation.
    (3) The retention of NOX emission credits for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles for use
in future model year certification programs as permitted by regulation.
    (4) The retention of CO2 emission credits for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles for use
in future model year certification programs as permitted by regulation.
    Base level has the meaning given in Sec.  600.002-08 of this
chapter.
    Base tire has the meaning given in Sec.  600.002-08 of this
chapter.
    Base vehicle has the meaning given in Sec.  600.002-08 of this
chapter.
    Basic engine has the meaning given in Sec.  600.002-08 of this
chapter.
* * * * *
    Carbon-related exhaust emissions (CREE) has the meaning given in
Sec.  600.002-08 of this chapter.
* * * * *
    Combined CO2 means the CO2 value determined for a
vehicle (or vehicles) by averaging the city and highway CO2
values, weighted 0.55 and 0.45 respectively.
    Combined CREE means the CREE value determined for a vehicle (or
vehicles) by averaging the city and highway fuel CREE values, weighted
0.55 and 0.45 respectively.
* * * * *
    Electric vehicle means a motor vehicle that is powered solely by an
electric motor drawing current from a rechargeable energy storage
system, such as from storage batteries or other portable electrical
energy storage devices, including hydrogen fuel cells, provided that:
    (1) The vehicle is capable of drawing recharge energy from a source
off the vehicle, such as residential electric service; and
    (2) The vehicle must be certified to the emission standards of Bin
1 of Table S04-1 in Sec.  86.1811-09(c)(6).
    (3) The vehicle does not have an onboard combustion engine/
generator system as a means of providing electrical energy.
* * * * *
    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.
* * * * *
    Ethanol-fueled vehicle means any motor vehicle or motor vehicle
engine that is engineered and designed to be operated using ethanol
fuel (i.e., a fuel that contains at least 50 percent ethanol
(C2H5OH) by volume) as fuel.
* * * * *
    Flexible fuel vehicle means any motor vehicle engineered and
designed to be operated on a petroleum fuel and on a methanol or
ethanol fuel, or any mixture of the petroleum fuel and methanol or
ethanol. Methanol-fueled and ethanol-fueled vehicles that are only
marginally functional when using gasoline (e.g., the engine has a drop
in rated horsepower of more than 80 percent) are not flexible fuel
vehicles.
    Footprint is the product of track width (measured in inches,
calculated as the average of front and rear track widths, and rounded
to the nearest tenth of an inch) and wheelbase (measured in inches and
rounded to the nearest tenth of an inch), divided by 144 and then
rounded to the nearest tenth of a square foot.
    Fuel cell vehicle means an electric vehicle propelled solely by an
electric motor where energy for the motor is supplied by an
electrochemical cell that produces electricity via the non-combustion
reaction of a consumable fuel, typically hydrogen.
* * * * *
    Highway Fuel Economy Test Procedure (HFET) has the meaning given in
Sec.  600.002-08 of this chapter.
* * * * *
    Hybrid electric vehicle (HEV) means a motor vehicle which draws
propulsion energy from onboard sources of stored energy that are both
an internal combustion engine or heat engine using consumable fuel, and
a rechargeable energy storage system such as a battery, capacitor,
hydraulic accumulator, or flywheel, where recharge energy for the
energy storage system comes solely from sources on board the vehicle.
* * * * *
    Interior volume index has the meaning given in Sec.  600.315-08 of
this chapter.
* * * * *
    Model type has the meaning given in Sec.  600.002-08 of this
chapter.
* * * * *
    Motor vehicle has the meaning given in Sec.  85.1703 of this
chapter.
* * * * *
    Multi-fuel vehicle means any motor vehicle capable of operating on
two or more different fuel types, either separately or simultaneously.
* * * * *
    Petroleum equivalency factor means the value specified in 10 CFR
474.3(b), which incorporates the parameters listed in 49 U.S.C.
32904(a)(2)(B) and is used to calculate petroleum-equivalent fuel
economy.
    Petroleum-equivalent fuel economy means the value, expressed in
miles per gallon, that is calculated for an electric vehicle in
accordance with 10 CFR 474.3(a), and reported to the Administrator of
the Environmental Protection Agency for use in determining the vehicle
manufacturer's corporate average fuel economy.
* * * * *
    Petroleum-powered accessory means a vehicle accessory (e.g., a
cabin heater, defroster, and/or air conditioner) that:
    (1) Uses gasoline or diesel fuel as its primary energy source; and
    (2) Meets the requirements for fuel, operation, and emissions in
Sec.  88.104-94(g) of this chapter.
    Plug-in hybrid electric vehicle (PHEV) means a hybrid electric
vehicle that has the capability to charge the battery from an off-
vehicle electric source, such that the off-vehicle source cannot be
connected to the vehicle while the vehicle is in motion.
* * * * *
    Production volume has the meaning given in Sec.  600.002-08 of this
chapter.
* * * * *
    Round, rounded or rounding means, unless otherwise specified, that
numbers will be rounded according to ASTM-E29-93a, which is
incorporated by reference in this part pursuant to Sec.  86.1.
* * * * *
    Subconfiguration has the meaning given in Sec.  600.002-08 of this
chapter.
* * * * *
    Track width is the lateral distance between the centerlines of the
base tires at ground, including the camber angle.
* * * * *
    Transmission class has the meaning given in Sec.  600.002-08 of
this chapter.
    Transmission configuration has the meaning given in Sec.  600.002-
08 of this chapter.
* * * * *

    Wheelbase is the longitudinal distance between front and rear wheel
centerlines.
* * * * *

0
13. A new Sec.  86.1805-12 is added to read as follows:

Sec.  86.1805-12  Useful life.

    (a) Except as permitted under paragraph (b) of this section or
required under paragraphs (c) and (d) of this section, the full useful
life for all LDVs and LLDTs is a period of use of 10 years or 120,000
miles, whichever occurs first. The full useful life for all HLDTs,
MDPVs, and complete heavy-duty vehicles is a period of 11 years or
120,000 miles, whichever occurs first. These full useful life values
apply to all exhaust, evaporative and refueling emission requirements
except for standards which are specified to only be applicable at the
time of certification. These full useful life requirements also apply
to all air conditioning leakage credits, air conditioning efficiency
credits, and other credit programs used by the manufacturer to comply
with the fleet average CO2 emission standards in Sec.
86.1818-12.
    (b) Manufacturers may elect to optionally certify a test group to
the Tier 2 exhaust emission standards for 150,000 miles to gain
additional NOX credits, as permitted in Sec.  86.1860-04(g),
or to opt out of intermediate life standards as permitted in Sec.
86.1811-04(c). In such cases, useful life is a period of use of 15
years or 150,000 miles, whichever occurs first, for all exhaust,
evaporative and refueling emission requirements except for cold CO
standards and standards which are applicable only at the time of
certification.
    (c) Where intermediate useful life exhaust emission standards are
applicable, such standards are applicable for five years or 50,000
miles, whichever occurs first.
    (d) Where cold CO standards are applicable, the useful life
requirement for compliance with the cold CO standard only, is 5 years
or 50,000 miles, whichever occurs first.

0
14. Section 86.1806-05 is amended by revising paragraph (a)(1) to read
as follows:

Sec.  86.1806-05  On-board diagnostics for vehicles less than or equal
to 14,000 pounds GVWR.

    (a) * * *
    (1) Except as provided by paragraph (a)(2) of this section, all
light-duty vehicles, light-duty trucks and complete heavy-duty vehicles
weighing 14,000 pounds GVWR or less (including MDPVs) must be equipped
with an onboard diagnostic (OBD) system capable of monitoring all
emission-related powertrain systems or components during the applicable
useful life of the vehicle. All systems and components required to be
monitored by these regulations must be evaluated periodically, but no
less frequently than once per applicable certification test cycle as
defined in paragraphs (a) and (d) of Appendix I of this part, or
similar trip as approved by the Administrator. Emissions of
CO2, CH4, and N2O are not required to
be monitored by the OBD system.
* * * * *

0
15. A new Sec.  86.1809-12 is added to read as follows:

Sec.  86.1809-12  Prohibition of defeat devices.

    (a) No new light-duty vehicle, light-duty truck, medium-duty
passenger vehicle, or complete heavy-duty vehicle shall be equipped
with a defeat device.
    (b) The Administrator may test or require testing on any vehicle at
a designated location, using driving cycles and conditions that may
reasonably be expected to be encountered in normal operation and use,
for the purposes of investigating a potential defeat device.
    (c) For cold temperature CO and cold temperature NMHC emission
control, the Administrator will use a guideline to determine the
appropriateness of the CO and NMHC emission control at ambient
temperatures between 25 [deg]F (the upper bound of the FTP test
temperature range) and 68 [deg]F (the lower bound of the FTP test
temperature range). The guideline for CO emission congruity across the
intermediate temperature range is the linear interpolation between the
CO standard applicable at 25 [deg]F and the CO standard applicable at
68 [deg]F. The guideline for NMHC emission congruity across the
intermediate temperature range is the linear interpolation between the
NMHC FEL pass limit (e.g. 0.3499 g/mi for a 0.3 g/mi FEL) applicable at
20 [deg]F and the Tier 2 NMOG standard to which the vehicle was
certified at 68 [deg]F, where the intermediate temperature NMHC level
is rounded to the nearest hundredth for comparison to the interpolated
line. For vehicles that exceed this CO emissions guideline or this NMHC
emissions guideline upon intermediate temperature cold testing:
    (1) If the CO emission level is greater than the 20 [deg]F emission
standard, the vehicle will automatically be considered to be equipped
with a defeat device without further investigation. If the intermediate
temperature NMHC emission level, rounded to the nearest hundredth, is
greater than the 20 [deg]F FEL pass limit, the vehicle will be presumed
to have a defeat device unless the manufacturer provides evidence to
EPA's satisfaction that the cause of the test result in question is not
due to a defeat device.
    (2) If the CO emission level does not exceed the 20 [deg]F emission
standard, the Administrator may investigate the vehicle design for the
presence of a defeat device under paragraph (d) of this section. If the
intermediate temperature NMHC emission level, rounded to the nearest
hundredth, does not exceed the 20 [deg]F FEL pass limit the
Administrator may investigate the vehicle design for the presence of a
defeat device under paragraph (d) of this section.
    (d) The following provisions apply for vehicle designs designated
by the Administrator to be investigated for possible defeat devices:
    (1) The manufacturer must show to the satisfaction of the
Administrator that the vehicle design does not incorporate strategies
that unnecessarily reduce emission control effectiveness exhibited
during the Federal Test Procedure or Supplemental Federal Test
Procedure (FTP or SFTP) or the Highway Fuel Economy Test Procedure
(described in subpart B of 40 CFR part 600), or the Air Conditioning
Idle Test (described in Sec.  86.165-12), when the vehicle is operated
under conditions that may reasonably be expected to be encountered in
normal operation and use.
    (2) The following information requirements apply:
    (i) Upon request by the Administrator, the manufacturer must
provide an explanation containing detailed information regarding test
programs, engineering evaluations, design specifications, calibrations,
on-board computer algorithms, and design strategies incorporated for
operation both during and outside of the Federal emission test
procedures.
    (ii) For purposes of investigations of possible cold temperature CO
or cold temperature NMHC defeat devices under this paragraph (d), the
manufacturer must provide an explanation to show, to the satisfaction
of the Administrator, that CO emissions and NMHC emissions are
reasonably controlled in reference to the linear guideline across the
intermediate temperature range.
    (e) For each test group the manufacturer must submit, with the Part
II certification application, an engineering evaluation demonstrating
to the satisfaction of the Administrator that a discontinuity in
emissions of non-methane organic gases, carbon

monoxide, carbon dioxide, oxides of nitrogen, nitrous oxide, methane,
and formaldehyde measured on the Federal Test Procedure (subpart B of
this part) and on the Highway Fuel Economy Test Procedure (subpart B of
40 CFR part 600) does not occur in the temperature range of 20 to 86
[deg]F. For diesel vehicles, the engineering evaluation must also
include particulate emissions.

0
16. Section 86.1810-09 is amended by revising paragraph (f) to read as
follows:

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

* * * * *
    (f) Altitude requirements. (1) All emission standards apply at low
altitude conditions and at high altitude conditions, except for the
following standards, which apply only at low altitude conditions:
    (i) The supplemental exhaust emission standards as described in
Sec.  86.1811-04(f);
    (ii) The cold temperature NMHC emission standards as described in
Sec.  86.1811-10(g);
    (iii) The evaporative emission standards as described in Sec.
86.1811-09(e).
    (2) For vehicles that comply with the cold temperature NMHC
standards described in Sec.  86.1811-10(g) and the CO2,
N2O, and CH4 exhaust emission standards described
in Sec.  86.1818-12, manufacturers must submit an engineering
evaluation indicating that common calibration approaches are utilized
at high altitudes. 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
17. A new Sec.  86.1818-12 is added 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) Applicability. This section contains standards and other
regulations applicable to the emission of the air pollutant defined as
the aggregate group of six greenhouse gases: Carbon dioxide, nitrous
oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride. This section applies to 2012 and later model year LDVs,
LDTs and MDPVs, including multi-fuel vehicles, vehicles fueled with
alternative fuels, hybrid electric vehicles, plug-in hybrid electric
vehicles, electric vehicles, and fuel cell vehicles. Unless otherwise
specified, multi-fuel vehicles must comply with all requirements
established for each consumed fuel. The provisions of this section also
apply to aftermarket conversion systems, aftermarket conversion
installers, and aftermarket conversion certifiers, as those terms are
defined in 40 CFR 85.502, of all model year light-duty vehicles, light-
duty trucks, and medium-duty passenger vehicles. Manufacturers that
qualify as a small business according to the requirements of Sec.
86.1801-12(j) are exempt from the emission standards in this section.
Manufacturers that have submitted a declaration for a model year
according to the requirements of Sec.  86.1801-12(k) for which approval
has been granted by the Administrator are conditionally exempt from the
emission standards in paragraphs (c) through (e) of this section for
the approved model year.
    (b) Definitions. For the purposes of this section, the following
definitions shall apply:
    (1) Passenger automobile means a motor vehicle that is a passenger
automobile as that term is defined in 49 CFR 523.4.
    (2) Light truck means a motor vehicle that is a non-passenger
automobile as that term is defined in 49 CFR 523.5.
    (c) Fleet average CO2 standards for passenger automobiles and light
trucks. (1) For a given individual model year's production of passenger
automobiles and light trucks, manufacturers must comply with a fleet
average CO2 standard calculated according to the provisions
of this paragraph (c). Manufacturers must calculate separate fleet
average CO2 standards for their passenger automobile and
light truck fleets, as those terms are defined in this section. Each
manufacturer's fleet average CO2 standards determined in
this paragraph (c) shall be expressed in whole grams per mile, in the
model year specified as applicable. Manufacturers eligible for and
choosing to participate in the Temporary Leadtime Allowance Alternative
Standards for qualifying manufacturers specified in paragraph (e) of
this section shall not include vehicles subject to the Temporary
Leadtime Allowance Alternative Standards in the calculations of their
primary passenger automobile or light truck standards determined in
this paragraph (c). Manufacturers shall demonstrate compliance with the
applicable standards according to the provisions of Sec.  86.1865-12.
    (2) Passenger automobiles--(i) Calculation of CO2 target values for
passenger automobiles. A CO2 target value shall be
determined for each passenger automobile as follows:
    (A) For passenger automobiles with a footprint of less than or
equal to 41 square feet, the gram/mile CO2 target value
shall be selected for the appropriate model year from the following
table:

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                          value (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           244.0
2013....................................................           237.0
2014....................................................           228.0
2015....................................................           217.0
2016 and later..........................................           206.0
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                          value (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           315.0
2013....................................................           307.0
2014....................................................           299.0
2015....................................................           288.0
2016 and later..........................................           277.0
------------------------------------------------------------------------

     (C) For passenger automobiles with a footprint that is greater
than 41 square feet and less than or equal to 56 square feet, the gram/
mile CO2 target value shall be calculated using the
following equation and rounded to the nearest 0.1 grams/mile:

Target CO2 = [4.72 x f ] + b

Where:

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

------------------------------------------------------------------------
                       Model year                                b
------------------------------------------------------------------------
2012....................................................            50.5
2013....................................................            43.3
2014....................................................            34.8
2015....................................................            23.4
2016 and later..........................................            12.7
------------------------------------------------------------------------

    (ii) Calculation of the fleet average CO2 standard for passenger
automobiles. In each model year manufacturers must comply with the
CO2 exhaust emission standard for their passenger automobile
fleet, calculated for that model year as follows:
    (A) A CO2 target value shall be determined according to
paragraph (c)(2)(i) of this section for each unique combination of
model type and footprint value.
    (B) Each CO2 target value, determined for each unique
combination of model

type and footprint value, shall be multiplied by the total production
of that model type/footprint combination for the appropriate model
year.
    (C) The resulting products shall be summed, and that sum shall be
divided by the total production of passenger automobiles in that model
year. The result shall be rounded to the nearest whole gram per mile.
This result shall be the applicable fleet average CO2
standard for the manufacturer's passenger automobile fleet.
    (3) Light trucks--(i) Calculation of CO2 target values for light
trucks. A CO2 target value shall be determined for each
light truck as follows:
    (A) For light trucks with a footprint of less than or equal to 41
square feet, the gram/mile CO2 target value shall be
selected for the appropriate model year from the following table:

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                          value (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           294.0
2013....................................................           284.0
2014....................................................           275.0
2015....................................................           261.0
2016 and later..........................................           247.0
------------------------------------------------------------------------

     (B) For light trucks with a footprint of greater than 66 square
feet, the gram/mile CO2 target value shall be selected for
the appropriate model year from the following table:

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                          value (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           395.0
2013....................................................           385.0
2014....................................................           376.0
2015....................................................           362.0
2016 and later..........................................           348.0
------------------------------------------------------------------------

    (C) For light trucks with a footprint that is greater than 41
square feet and less than or equal to 66 square feet, the gram/mile
CO2 target value shall be calculated using the following
equation and rounded to the nearest 0.1 grams/mile:

Target CO2 = (4.04 x f) + b

Where:

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

------------------------------------------------------------------------
                       Model year                                b
------------------------------------------------------------------------
2012....................................................           128.6
2013....................................................           118.7
2014....................................................           109.4
2015....................................................            95.1
2016 and later..........................................            81.1
------------------------------------------------------------------------

     (ii) Calculation of fleet average CO2 standards for light trucks.
In each model year manufacturers must comply with the CO2
exhaust emission standard for their light truck fleet, calculated for
that model year as follows:
    (A) A CO2 target value shall be determined according to
paragraph (c)(3)(i) of this section for each unique combination of
model type and footprint value.
    (B) Each CO2 target value, which represents a unique
combination of model type and footprint value, shall be multiplied by
the total production of that model type/footprint combination for the
appropriate model year.
    (C) The resulting products shall be summed, and that sum shall be
divided by the total production of light trucks in that model year. The
result shall be rounded to the nearest whole gram per mile. This result
shall be the applicable fleet average CO2 standard for the
manufacturer's light truck fleet.
    (d) In-use CO2 exhaust emission standards. The in-use exhaust
CO2 emission standard shall be the combined city/highway
carbon-related exhaust emission value calculated for the appropriate
vehicle carline/subconfiguration according to the provisions of Sec.
600.113-08(g)(4) of this chapter multiplied by 1.1 and rounded to the
nearest whole gram per mile. For in-use vehicle carlines/
subconfigurations for which a combined city/highway carbon-related
exhaust emission value was not determined under Sec.  600.113(g)(4) of
this chapter, the in-use exhaust CO2 emission standard shall
be the combined city/highway carbon-related exhaust emission value
calculated according to the provisions of Sec.  600.208-12 of this
chapter for the vehicle model type (except that total model year
production data shall be used instead of sales projections) multiplied
by 1.1 and rounded to the nearest whole gram per mile. For vehicles
that are capable of operating on multiple fuels, including but not
limited to alcohol dual fuel, natural gas dual fuel and plug-in hybrid
electric vehicles, a separate in-use standard shall be determined for
each fuel that the vehicle is capable of operating on. These standards
apply to in-use testing performed by the manufacturer pursuant to
regulations at Sec.  86.1845-04 and 86.1846-01 and to in-use testing
performed by EPA.
    (e) Temporary Lead Time Allowance Alternative Standards. (1) The
interim fleet average CO2 standards in this paragraph (e)
are optionally applicable to each qualifying manufacturer, where the
terms ``sales'' or ``sold'' as used in this paragraph (e) means
vehicles produced and delivered for sale (or sold) in the states and
territories of the United States.
    (i) A qualifying manufacturer is a manufacturer with sales of 2009
model year combined passenger automobiles and light trucks of greater
than zero and less than 400,000 vehicles.
    (A) If a manufacturer sold less than 400,000 but more than zero
2009 model year combined passenger automobiles and light trucks while
under the control of another manufacturer, where those 2009 model year
passenger automobiles and light trucks bore the brand of the producing
manufacturer, and where the producing manufacturer became independent
no later than December 31, 2010, the producing manufacturer is a
qualifying manufacturer.
    (B) In the case where two or more qualifying manufacturers combine
as the result of merger or the purchase of 50 percent or more of one or
more companies by another company, and if the combined 2009 model year
sales of the merged or combined companies is less than 400,000 but more
than zero (combined passenger automobiles and light trucks), the
corporate entity formed by the combination of two or more qualifying
manufacturers shall continue to be a qualifying manufacturer. The total
number of vehicles that the corporate entity is allowed to include
under the Temporary Leadtime Allowance Alternative Standards shall be
determined by paragraph (e)(2) or (e)(3) of this section where sales is
the total combined 2009 model year sales of all of the merged or
combined companies. Vehicles sold by the companies that combined by
merger/acquisition to form the corporate entity that were subject to
the Temporary Leadtime Allowance Alternative Standards in paragraph
(e)(4) of this section prior to the merger/acquisition shall be
combined to determine the remaining number of vehicles that the
corporate entity may include under the Temporary Leadtime Allowance
Alternative Standards in this paragraph (e).
    (C) In the case where two or more manufacturers combine as the
result of merger or the purchase of 50 percent or more of one or more
companies by another company, and if the combined 2009 model year sales
of the merged or combined companies is equal to or greater than 400,000
(combined passenger automobiles and light trucks), the new corporate
entity formed by the combination of two or more manufacturers is not a
qualifying manufacturer. Such a manufacturer shall meet the emission
standards in paragraph (c) of this section beginning with the model
year that is numerically

two years greater than the calendar year in which the merger/
acquisition(s) took place.
    (ii) For the purposes of making the determination in paragraph
(e)(1)(i) of this section, ``manufacturer'' shall mean that term as
defined at 49 CFR 531.4 and as that definition was applied to the 2009
model year for the purpose of determining compliance with the 2009
corporate average fuel economy standards at 49 CFR parts 531 and 533.
    (iii) A qualifying manufacturer may not use these Temporary
Leadtime Allowance Alternative Standards until they have used all
available banked credits and/or credits available for transfer accrued
under Sec.  86.1865-12(k). A qualifying manufacturer with a net
positive credit balance calculated under Sec.  86.1865-12(k) in any
model year after considering all available credits either generated,
carried forward from a prior model year, transferred from other
averaging sets, or obtained from other manufacturers, may not use these
Temporary Leadtime Allowance Alternative Standards in such model year.
    (2) Qualifying manufacturers may select any combination of 2012
through 2015 model year passenger automobiles and/or light trucks to
include under the Temporary Leadtime Allowance Alternative Standards
determined in this paragraph (e) up to a cumulative total of 100,000
vehicles. Vehicles selected to comply with these standards shall not be
included in the calculations of the manufacturer's fleet average
standards under paragraph (c) of this section.
    (3) Qualifying manufacturers with sales of 2009 model year combined
passenger automobiles and light trucks in the United States of greater
than zero and less than 50,000 vehicles may select any combination of
2012 through 2015 model year passenger automobiles and/or light trucks
to include under the Temporary Leadtime Allowance Alternative Standards
determined in this paragraph (e) up to a cumulative total of 200,000
vehicles, and additionally may select up to 50,000 2016 model year
vehicles to include under the Temporary Leadtime Allowance Alternative
Standards determined in this paragraph (e). To be eligible for the
provisions of this paragraph (e)(3) qualifying manufacturers must
provide annual documentation of good-faith efforts made by the
manufacturer to purchase credits from other manufacturers. Without such
documentation, the manufacturer may use the Temporary Leadtime
Allowance Alternative Standards according to the provisions of
paragraph (e)(2) of this section, and the provisions of this paragraph
(e)(3) shall not apply. Vehicles selected to comply with these
standards shall not be included in the calculations of the
manufacturer's fleet average standards under paragraph (c) of this
section.
    (4) To calculate the applicable Temporary Leadtime Allowance
Alternative Standards, qualifying manufacturers shall determine the
fleet average standard separately for the passenger automobiles and
light trucks selected by the manufacturer to be subject to the
Temporary Leadtime Allowance Alternative Standards, subject to the
limitations expressed in paragraphs (e)(1) through (3) of this section.
    (i) The Temporary Leadtime Allowance Alternative Standard
applicable to qualified passenger automobiles as defined in Sec.
600.002-08 of this chapter shall be the standard calculated using the
provisions of paragraph (c)(2)(ii) of this section for the appropriate
model year multiplied by 1.25 and rounded to the nearest whole gram per
mile. For the purposes of applying paragraph (c)(2)(ii) of this section
to determine the standard, the passenger automobile fleet shall be
limited to those passenger automobiles subject to the Temporary
Leadtime Allowance Alternative Standard.
    (ii) The Temporary Leadtime Allowance Alternative Standard
applicable to qualified light trucks (i.e. non-passenger automobiles as
defined in Sec.  600.002-08 of this chapter) shall be the standard
calculated using the provisions of paragraph (c)(3)(ii) of this section
for the appropriate model year multiplied by 1.25 and rounded to the
nearest whole gram per mile. For the purposes of applying paragraph
(c)(3)(ii) of this section to determine the standard, the light truck
fleet shall be limited to those light trucks subject to the Temporary
Leadtime Allowance Alternative Standard.
    (5) Manufacturers choosing to optionally apply these standards are
subject to the restrictions on credit banking and trading specified in
Sec.  86.1865-12.
    (f) Nitrous oxide (N2O) and methane (CH4) exhaust emission
standards for passenger automobiles and light trucks. Each
manufacturer's fleet of combined passenger automobile and light trucks
must comply with N2O and CH4 standards using
either the provisions of paragraph (f)(1) of this section or the
provisions of paragraph (f)(2) of this section. The manufacturer may
not use the provisions of both paragraphs (f)(1) and (f)(2) of this
section in a model year. For example, a manufacturer may not use the
provisions of paragraph (f)(1) of this section for their passenger
automobile fleet and the provisions of paragraph (f)(2) for their light
truck fleet in the same model year.
    (1) Standards applicable to each test group.
    (i) Exhaust emissions of nitrous oxide (N2O) shall not
exceed 0.010 grams per mile at full useful life, as measured according
to the Federal Test Procedure (FTP) described in subpart B of this
part.
    (ii) Exhaust emissions of methane (CH4) shall not exceed
0.030 grams per mile at full useful life, as measured according to the
Federal Test Procedure (FTP) described in subpart B of this part.
    (2) Including N2O and CH4 in fleet averaging program. Manufacturers
may elect to not meet the emission standards in paragraph (f)(1) of
this section. Manufacturers making this election shall include
N2O and CH4 emissions in the determination of
their fleet average carbon-related exhaust emissions, as calculated in
subpart F of part 600 of this chapter. Manufacturers using this option
must include both N2O and CH4 full useful life
values in the fleet average calculations for passenger automobiles and
light trucks. Use of this option will account for N2O and
CH4 emissions within the carbon-related exhaust emission
value determined for each model type according to the provisions part
600 of this chapter. This option requires the determination of full
useful life emission values for both the Federal Test Procedure and the
Highway Fuel Economy Test.

0
18. Section 86.1823-08 is amended by adding paragraph (m) to read as
follows:

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

* * * * *
    (m) Durability demonstration procedures for vehicles subject to the
greenhouse gas exhaust emission standards specified in Sec.  86.1818-
12.
    (1) CO2. (i) Unless otherwise specified under paragraph (m)(1)(ii)
of this section, manufacturers may use a multiplicative CO2
deterioration factor of one or an additive deterioration factor of
zero.
    (ii) Based on an analysis of industry-wide data, EPA may
periodically establish and/or update the deterioration factor for
CO2 emissions including air conditioning and other credit
related emissions. Deterioration factors established and/or updated
under this paragraph (m)(1)(ii) will provide adequate lead time for
manufacturers to plan for the change.

    (iii) Alternatively, manufacturers may use the whole-vehicle
mileage accumulation procedures in Sec.  86.1823-08 paragraphs (c) or
(d)(1) to determine CO2 deterioration factors. In this case,
each FTP test performed on the durability data vehicle selected under
Sec.  86.1822-01 of this part must also be accompanied by an HFET test,
and combined FTP/HFET CO2 results determined by averaging
the city (FTP) and highway (HFET) CO2 values, weighted 0.55
and 0.45 respectively. The deterioration factor will be determined for
this combined CO2 value. Calculated multiplicative
deterioration factors that are less than one shall be set to equal one,
and calculated additive deterioration factors that are less than zero
shall be set to zero.
    (iv) If, in the good engineering judgment of the manufacturer, the
deterioration factors determined according to paragraphs (m)(1)(i),
(m)(1)(ii), or (m)(1)(iii) of this section do not adequately account
for the expected CO2 emission deterioration over the
vehicle's useful life, the manufacturer may petition EPA to request a
more appropriate deterioration factor.
    (2) N2O and CH4. (i) For manufacturers complying with the emission
standards for N2O and CH4 specified in Sec.
86.1818-12(f)(1), deterioration factors for N2O and
CH4 shall be determined according to the provisions of
paragraphs (a) through (l) of this section.
    (ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec.  86.1818-
12(f)(2), separate deterioration factors shall be determined for the
FTP and HFET test cycles. Therefore each FTP test performed on the
durability data vehicle selected under Sec.  86.1822-01 of this part
must also be accompanied by an HFET test.
    (iii) For the 2012 through 2014 model years only, manufacturers may
use alternative deterioration factors. For N2O, the
alternative deterioration factor to be used to adjust FTP and HFET
emissions is the deterioration factor determined for NOX
emissions according to the provisions of this section. For
CH4, the alternative deterioration factor to be used to
adjust FTP and HFET emissions is the deterioration factor determined
for NMOG or NMHC emissions according to the provisions of this section.
    (3) Other carbon-related exhaust emissions. Deterioration factors
shall be determined according to the provisions of paragraphs (a)
through (l) of this section. Optionally, in lieu of determining
emission-specific FTP and HFET deterioration factors for
CH3OH (methanol), HCHO (formaldehyde),
C2H5OH (ethanol), and C2H4O
(acetaldehyde), manufacturers may use the deterioration factor
determined for NMOG or NMHC emissions according to the provisions of
this section.
    (4) Air Conditioning leakage and efficiency or other emission
credit requirements to comply with exhaust CO2 standards. Manufactures
will attest to the durability of components and systems used to meet
the CO2 standards. Manufacturers may submit engineering data
to provide durability demonstration.

0
19. Section 86.1827-01 is amended by revising paragraph (a)(5) and by
adding paragraph (f) to read as follows:

Sec.  86.1827-01  Test group determination.

* * * * *
    (a) * * *
    (5) Subject to the same emission standards (except for
CO2), or FEL in the case of cold temperature NMHC standards,
except that a manufacturer may request to group vehicles into the same
test group as vehicles subject to more stringent standards, so long as
all the vehicles within the test group are certified to the most
stringent standards applicable to any vehicle within that test group.
Light-duty trucks and light-duty vehicles may be included in the same
test group if all vehicles in the test group are subject to the same
emission standards, with the exception of the CO2 standard
and/or the total HC standard.
* * * * *
    (f) Unless otherwise approved by the Administrator, a manufacturer
of electric vehicles must create separate test groups based on the type
of battery technology, the capacity and voltage of the battery, and the
type and size of the electric motor.

0
20. Section 86.1829-01 is amended by revising paragraph (b)(1)(i) and
by adding paragraph (b)(1)(iii)(G) to read as follows:

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

* * * * *
    (b) * *
    (1) * * *
    (i) Testing at low altitude. One EDV shall be tested in each test
group for exhaust emissions using the FTP and SFTP test procedures of
subpart B of this part and the HFET test procedure of subpart B of part
600 of this chapter. The configuration of the EDV will be determined
under the provisions of Sec.  86.1828-01 of this subpart.
* * * * *
    (iii) * * *
    (G) For the 2012 through 2014 model years only, in lieu of testing
a vehicle for N2O emissions, a manufacturer may provide a
statement in its application for certification that such vehicles
comply with the applicable standards. Such a statement must be based on
previous emission tests, development tests, or other appropriate
information and good engineering judgment.
* * * * *

0
21. Section 86.1835-01 is amended as follows:
0
a. By revising paragraph (a)(4).
0
b. By revising paragraph (b)(1) introductory text.
0
c. By adding paragraph (b)(1)(vi).
0
d. By revising paragraph (b)(3).
0
e. By revising paragraph (c)(1)(ii).

Sec.  86.1835-01  Confirmatory certification testing.

    (a) * * *
    (4) Retesting for fuel economy reasons or for compliance with
greenhouse gas exhaust emission standards in Sec.  86.181-12 may be
conducted under the provisions of Sec.  600.008-08 of this chapter.
    (b) * * *
    (1) If the Administrator determines not to conduct a confirmatory
test under the provisions of paragraph (a) of this section,
manufacturers of light-duty vehicles, light-duty trucks, and/or medium-
duty passenger vehicles will conduct a confirmatory test at their
facility after submitting the original test data to the Administrator
whenever any of the conditions listed in paragraphs (b)(1)(i) through
(vi) of this section exist, and complete heavy-duty vehicles
manufacturers will conduct a confirmatory test at their facility after
submitting the original test data to the Administrator whenever the
conditions listed in paragraph (b)(1)(i) or (b)(1)(ii) of this section
exist, as follows:
* * * * *
    (vi) The exhaust carbon-related exhaust emissions of the test as
measured in accordance with the procedures in 40 CFR part 600 are lower
than expected based on procedures approved by the Administrator.
* * * * *
    (3) For light-duty vehicles, light-duty trucks, and medium-duty
passenger vehicles the manufacturer shall conduct a retest of the FTP
or highway test if the difference between the fuel economy of the
confirmatory test and the original manufacturer's test equals or
exceeds three percent (or such lower percentage to be applied
consistently to all manufacturer conducted confirmatory testing as
requested by the manufacturer and approved by the Administrator).

    (i) For use in the fuel economy and exhaust greenhouse gas fleet
averaging program described in 40 CFR parts 86 and 600, the
manufacturer may, in lieu of conducting a retest, accept as official
the lower of the original and confirmatory test fuel economy results,
and by doing so will also accept as official the calculated CREE value
associated with the lower fuel economy test results.
    (ii) The manufacturer shall conduct a second retest of the FTP or
highway test if the fuel economy difference between the second
confirmatory test and the original manufacturer test equals or exceeds
three percent (or such lower percentage as requested by the
manufacturer and approved by the Administrator) and the fuel economy
difference between the second confirmatory test and the first
confirmatory test equals or exceeds three percent (or such lower
percentage as requested by the manufacturer and approved by the
Administrator). In lieu of conducting a second retest, the manufacturer
may accept as official (for use in the fuel economy program and the
exhaust greenhouse gas fleet averaging program) the lowest fuel economy
of the original test, the first confirmatory test, and the second
confirmatory test fuel economy results, and by doing so will also
accept as official the calculated CREE value associated with the lowest
fuel economy test results.
    (c) * * *
    (1) * * *
    (ii) Official test results for fuel economy and exhaust
CO2 emission purposes are determined in accordance with the
provisions of Sec.  600.008-08 of this chapter.
* * * * *

0
22. Section 86.1841-01 is amended by adding paragraph (a)(3) and
revising paragraph (b) to read as follows:

Sec.  86.1841-01  Compliance with emission standards for the purpose of
certification.

    (a) * * *
    (3) Compliance with CO2 exhaust emission standards shall
be demonstrated at certification by the certification levels on the FTP
and HFET tests for carbon-related exhaust emissions determined
according to Sec.  600.113-08 of this chapter.
* * * * *
    (b) To be considered in compliance with the standards for the
purposes of certification, the certification levels for the test
vehicle calculated in paragraph (a) of this section shall be less than
or equal to the standards for all emission constituents to which the
test group is subject, at both full and intermediate useful life as
appropriate for that test group.
* * * * *
0
23. Section 86.1845-04 is amended as follows:
0
a. By revising paragraph (a)(1).
0
b. By revising paragraph (b)(5)(i).
0
c. By revising paragraph (c)(5)(i).

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

    (a) * * *
    (1) A manufacturer of LDVs, LDTs, MDPVs and/or complete HDVs must
test, or cause to have tested, a specified number of LDVs, LDTs, MDPVs
and complete HDVs. Such testing must be conducted in accordance with
the provisions of this section. For purposes of this section, the term
vehicle includes light-duty vehicles, light-duty trucks and medium-duty
passenger vehicles.
* * * * *
    (b) * * *
    (5) * * *
    (i) Each test vehicle of a test group shall be tested in accordance
with the Federal Test Procedure and the US06 portion of the
Supplemental Federal Test Procedure as described in subpart B of this
part, when such test vehicle is tested for compliance with applicable
exhaust emission standards under this subpart. Test vehicles subject to
applicable exhaust CO2 emission standards under this subpart
shall also be tested in accordance with the highway fuel economy test
as described in part 600, subpart B of this chapter.
* * * * *
    (c) * * *
    (5) * * *
    (i) Each test vehicle shall be tested in accordance with the
Federal Test Procedure and the US06 portion of the Supplemental Federal
Test Procedure as described in subpart B of this part when such test
vehicle is tested for compliance with applicable exhaust emission
standards under this subpart. Test vehicles subject to applicable
exhaust CO2 emission standards under this subpart shall also
be tested in accordance with the highway fuel economy test as described
in part 600, subpart B of this chapter. The US06 portion of the SFTP is
not required to be performed on vehicles certified in accordance with
the National LEV provisions of subpart R of this part. One test vehicle
from each test group shall receive a Federal Test Procedure at high
altitude. The test vehicle tested at high altitude is not required to
be one of the same test vehicles tested at low altitude. The test
vehicle tested at high altitude is counted when determining the
compliance with the requirements shown in Table S04-06 and Table S04-07
in paragraph (b)(3) of this section or the expanded sample size as
provided for in this paragraph (c).
* * * * *
0
24. Section 86.1846-01 is amended by revising paragraphs (a)(1) and (b)
introductory text to read as follows:

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

    (a) * * *
    (1) A manufacturer of LDVs, LDTs and/or MDPVs must test, or cause
testing to be conducted, under this section when the emission levels
shown by a test group sample from testing under Sec. Sec.  86.1845-01
or 86.1845-04, as applicable, exceeds the criteria specified in
paragraph (b) of this section. The testing required under this section
applies separately to each test group and at each test point (low and
high mileage) that meets the specified criteria. The testing
requirements apply separately for each model year starting with model
year 2001. These provisions do not apply to heavy-duty vehicles or
heavy-duty engines prior to the 2007 model year. These provisions do
not apply to emissions of CO2, CH4, and
N2O.
* * * * *
    (b) Criteria for additional testing. A manufacturer shall test a
test group or a subset of a test group as described in paragraph (j) of
this section when the results from testing conducted under Sec. Sec.
86.1845-01 and 86.1845-04, as applicable, show mean emissions for that
test group of any pollutant(s) (except CO2, CH4,
and N2O) to be equal to or greater than 1.30 times the
applicable in-use standard and a failure rate, among the test group
vehicles, for the corresponding pollutant(s) of fifty percent or
greater.
* * * * *

0
25. Section 86.1848-10 is amended by adding paragraph (c)(9) to read as
follows:

Sec.  86.1848-10  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.  86.1818-12 and Sec.  86.1865-12 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)(7).
    (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).
* * * * *

0
26. A new Sec.  86.1854-12 is added to read as follows:

Sec.  86.1854-12  Prohibited acts.

    (a) The following acts and the causing thereof are prohibited:
    (1) In the case of a manufacturer, as defined by Sec.  86.1803, of
new motor vehicles or new motor vehicle engines for distribution in
commerce, the sale, or the offering for sale, or the introduction, or
delivery for introduction, into commerce, or (in the case of any
person, except as provided by regulation of the Administrator), the
importation into the United States of any new motor vehicle or new
motor vehicle engine subject to this subpart, unless such vehicle or
engine is covered by a certificate of conformity issued (and in effect)
under regulations found in this subpart (except as provided in Section
203(b) of the Clean Air Act (42 U.S.C. 7522(b)) or regulations
promulgated thereunder).
    (2)(i) For any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide information
required under Section 208 of the Clean Air Act (42 U.S.C. 7542) with
regard to vehicles.
    (ii) For a person to fail or refuse to permit entry, testing, or
inspection authorized under Section 206(c) (42 U.S.C. 7525(c)) or
Section 208 of the Clean Air Act (42 U.S.C. 7542) with regard to
vehicles.
    (iii) For a person to fail or refuse to perform tests, or to have
tests performed as required under Section 208 of the Clean Air Act (42
U.S.C. 7542) with regard to vehicles.
    (iv) For a person to fail to establish or maintain records as
required under Sec. Sec.  86.1844, 86.1862, 86.1864, and 86.1865 with
regard to vehicles.
    (v) For any manufacturer to fail to make information available as
provided by regulation under Section 202(m)(5) of the Clean Air Act (42
U.S.C. 7521(m)(5)) with regard to vehicles.
    (3)(i) For any person to remove or render inoperative any device or
element of design installed on or in a vehicle or engine in compliance
with regulations under this subpart prior to its sale and delivery to
the ultimate purchaser, or for any person knowingly to remove or render
inoperative any such device or element of design after such sale and
delivery to the ultimate purchaser.
    (ii) For any person to manufacture, sell or offer to sell, or
install, any part or component intended for use with, or as part of,
any vehicle or engine, where a principal effect of the part or
component is to bypass, defeat, or render inoperative any device or
element of design installed on or in a vehicle or engine in compliance
with regulations issued under this subpart, and where the person knows
or should know that the part or component is being offered for sale or
installed for this use or put to such use.
    (4) For any manufacturer of a vehicle or engine subject to
standards prescribed under this subpart:
    (i) To sell, offer for sale, introduce or deliver into commerce, or
lease any such vehicle or engine unless the manufacturer has complied
with the requirements of Section 207(a) and (b) of the Clean Air Act
(42 U.S.C. 7541(a), (b)) with respect to such vehicle or engine, and
unless a label or tag is affixed to such vehicle or engine in
accordance with Section 207(c)(3) of the Clean Air Act (42 U.S.C.
7541(c)(3)).
    (ii) To fail or refuse to comply with the requirements of Section
207 (c) or (e) of the Clean Air Act (42 U.S.C. 7541(c) or (e)).
    (iii) Except as provided in Section 207(c)(3) of the Clean Air Act
(42 U.S.C. 7541(c)(3)), to provide directly or indirectly in any
communication to the ultimate purchaser or any subsequent purchaser
that the coverage of a warranty under the Clean Air Act is conditioned
upon use of any part, component, or system manufactured by the
manufacturer or a person acting for the manufacturer or under its
control, or conditioned upon service performed by such persons.
    (iv) To fail or refuse to comply with the terms and conditions of
the warranty under Section 207(a) or (b) of the Clean Air Act (42
U.S.C. 7541(a) or (b)).
    (b) For the purposes of enforcement of this subpart, the following
apply:
    (1) No action with respect to any element of design referred to in
paragraph (a)(3) of this section (including any adjustment or
alteration of such element) shall be treated as a prohibited act under
paragraph (a)(3) of this section if such action is in accordance with
Section 215 of the Clean Air Act (42 U.S.C. 7549);
    (2) Nothing in paragraph (a)(3) of this section is to be construed
to require the use of manufacturer parts in maintaining or repairing a
vehicle or engine. For the purposes of the preceding sentence, the term
``manufacturer parts'' means, with respect to a motor vehicle engine,
parts produced or sold by the manufacturer of the motor vehicle or
motor vehicle engine;
    (3) Actions for the purpose of repair or replacement of a device or
element of design or any other item are not considered prohibited acts