under paragraph (a)(3) of this section if the action is a necessary and
temporary procedure, the device or element is replaced upon completion
of the procedure, and the action results in the proper functioning of
the device or element of design;
    (4) Actions for the purpose of a conversion of a motor vehicle or
motor vehicle engine for use of a clean alternative fuel (as defined in
title II of the Clean Air Act) are not considered prohibited acts under
paragraph (a) of this section if:
    (i) The vehicle complies with the applicable standard when
operating on the alternative fuel; and
    (ii) In the case of engines converted to dual fuel or flexible use,
the device or element is replaced upon completion of the conversion
procedure, and the action results in proper functioning of the device
or element when the motor vehicle operates on conventional fuel.

0
27. A new Sec.  86.1865-12 is added to subpart S to read as follows:

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

    (a) Applicability. (1) Unless otherwise exempted under the
provisions of Sec.  86.1801-12(j), CO2 fleet average exhaust
emission standards apply to:
    (i) 2012 and later model year passenger automobiles and light
trucks.
    (ii) Aftermarket conversion systems as defined in 40 CFR 85.502.
    (iii) Vehicles imported by ICIs as defined in 40 CFR 85.1502.
    (2) The terms ``passenger automobile'' and ``light truck'' as used
in this section have the meanings as defined in Sec.  86.1818-12.

    (b) Useful life requirements. Full useful life requirements for
CO2 standards are defined in Sec.  86.1818-12. There is not
an intermediate useful life standard for CO2 emissions.
    (c) Altitude. Altitude requirements for CO2 standards
are provided in Sec.  86.1810-09(f).
    (d) Small volume manufacturer certification procedures.
Certification procedures for small volume manufacturers are provided in
Sec.  86.1838-01. Small businesses meeting certain criteria may be
exempted from the greenhouse gas emission standards in Sec.  86.1818-12
according to the provisions of Sec.  86.1801-12(j).
    (e) CO2 fleet average exhaust emission standards. The fleet average
standards referred to in this section are the corporate fleet average
CO2 standards for passenger automobiles and light trucks set
forth in Sec.  86.1818-12(c) and (e). The fleet average CO2
standards applicable in a given model year are calculated separately
for passenger automobiles and light trucks for each manufacturer and
each model year according to the provisions in Sec.  86.1818-12. Each
manufacturer must comply with the applicable CO2 fleet
average standard on a production-weighted average basis, for each
separate averaging set, at the end of each model year, using the
procedure described in paragraph (j) of this section.
    (f) In-use CO2 standards. In-use CO2 exhaust emission
standards applicable to each model type are provided in Sec.  86.1818-
12(d).
    (g) Durability procedures and method of determining deterioration
factors (DFs). Deterioration factors for CO2 exhaust
emission standards are provided in Sec.  86.1823-08(m).
    (h) Vehicle test procedures. (1) The test procedures for
demonstrating compliance with CO2 exhaust emission standards
are contained in subpart B of this part and subpart B of part 600 of
this chapter.
    (2) Testing of all passenger automobiles and light trucks to
determine compliance with CO2 exhaust emission standards set
forth in this section must be on a loaded vehicle weight (LVW) basis,
as defined in Sec.  86.1803-01.
    (3) Testing for the purpose of providing certification data is
required only at low altitude conditions. If hardware and software
emission control strategies used during low altitude condition testing
are not used similarly across all altitudes for in-use operation, the
manufacturer must include a statement in the application for
certification, in accordance with Sec.  86.1844-01(d)(11) and Sec.
86.1810-09(f), stating what the different strategies are and why they
are used.
    (i) Calculating the fleet average carbon-related exhaust emissions.
(1) Manufacturers must compute separate production-weighted fleet
average carbon-related exhaust emissions at the end of the model year
for passenger automobiles and light trucks, using actual production,
where production means vehicles produced and delivered for sale, and
certifying model types to standards as defined in Sec.  86.1818-12. The
model type carbon-related exhaust emission results determined according
to 40 CFR part 600 subpart F (in units of grams per mile rounded to the
nearest whole number) become the certification standard for each model
type.
    (2) Manufacturers must separately calculate production-weighted
fleet average carbon-related exhaust emissions levels for the following
averaging sets according to the provisions of part 600 subpart F of
this chapter:
    (i) Passenger automobiles subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c)(2);
    (ii) Light trucks subject to the fleet average CO2
standards specified in Sec.  86.1818-12(c)(3);
    (iii) Passenger automobiles subject to the Temporary Leadtime
Allowance Alternative Standards specified in Sec.  86.1818-12(e), if
applicable; and
    (iv) Light trucks subject to the Temporary Leadtime Allowance
Alternative Standards specified in Sec.  86.1818-12(e), if applicable.
    (j) Certification compliance and enforcement requirements for CO2
exhaust emission standards. (1) Compliance and enforcement requirements
are provided in Sec.  86.1864-10 and Sec.  86.1848-10(c)(9).
    (2) The certificate issued for each test group requires all model
types within that test group to meet the in-use emission standards to
which each model type is certified as outlined in Sec.  86.1818-12(d).
    (3) Each manufacturer must comply with the applicable
CO2 fleet average standard on a production-weighted average
basis, at the end of each model year, using the procedure described in
paragraph (i) of this section.
    (4) Each manufacturer must comply on an annual basis with the fleet
average standards as follows:
    (i) Manufacturers must report in their annual reports to the Agency
that they met the relevant corporate average standard by showing that
their production-weighted average CO2 emissions levels of
passenger automobiles and light trucks, as applicable, are at or below
the applicable fleet average standard; or
    (ii) If the production-weighted average is above the applicable
fleet average standard, manufacturers must obtain and apply sufficient
CO2 credits as authorized under paragraph (k)(8) of this
section. A manufacturer must show that they have offset any exceedence
of the corporate average standard via the use of credits. Manufacturers
must also include their credit balances or deficits in their annual
report to the Agency.
    (iii) If a manufacturer fails to meet the corporate average
CO2 standard for four consecutive years, the vehicles
causing the corporate average exceedence will be considered not covered
by the certificate of conformity (see paragraph (k)(8) of this
section). A manufacturer will be subject to penalties on an individual-
vehicle basis for sale of vehicles not covered by a certificate.
    (iv) EPA will review each manufacturer's production to designate
the vehicles that caused the exceedence of the corporate average
standard. EPA will designate as nonconforming those vehicles in test
groups with the highest certification emission values first, continuing
until reaching a number of vehicles equal to the calculated number of
noncomplying vehicles as determined in paragraph (k)(8) of this
section. In a group where only a portion of vehicles would be deemed
nonconforming, EPA will determine the actual nonconforming vehicles by
counting backwards from the last vehicle produced in that test group.
Manufacturers will be liable for penalties for each vehicle sold that
is not covered by a certificate.
    (k) Requirements for the CO2 averaging, banking and trading (ABT)
program. (1) A manufacturer whose CO2 fleet average
emissions exceed the applicable standard must complete the calculation
in paragraph (k)(4) of this section to determine the size of its
CO2 deficit. A manufacturer whose CO2 fleet
average emissions are less than the applicable standard must complete
the calculation in paragraph (k)(4) of this section to generate
CO2 credits. In either case, the number of credits or debits
must be rounded to the nearest whole number.
    (2) There are no property rights associated with CO2
credits generated under this subpart. Credits are a limited
authorization to emit the designated amount of emissions. Nothing in
this part or any other provision of law should be construed to limit
EPA's authority to terminate or limit this authorization through a
rulemaking.
    (3) Each manufacturer must comply with the reporting and
recordkeeping

requirements of paragraph (l) of this section for CO2
credits, including early credits. The averaging, banking and trading
program is enforceable through the certificate of conformity that
allows the manufacturer to introduce any regulated vehicles into
commerce.
    (4) Credits are earned on the last day of the model year.
Manufacturers must calculate, for a given model year and separately for
passenger automobiles and light trucks, the number of credits or debits
it has generated according to the following equation, rounded to the
nearest megagram:

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

Where:

CO2 Standard = the applicable standard for the model year
as determined by Sec.  86.1818-12;
Manufacturer's Production-Weighted Fleet Average CO2
Emissions = average calculated according to paragraph (i) of this
section;
Total Number of Vehicles Produced = The number of vehicles
domestically produced plus those imported as defined in Sec.
600.511-80 of this chapter; and
Vehicle Lifetime Miles is 195,264 for passenger automobiles and
225,865 for light trucks.

    (5) Total credits or debits generated in a model year, maintained
and reported separately for passenger automobiles and light trucks,
shall be the sum of the credits or debits calculated in paragraph
(k)(4) of this section and any of the following credits, if applicable:
    (i) Air conditioning leakage credits earned according to the
provisions of Sec.  86.1866-12(b);
    (ii) Air conditioning efficiency credits earned according to the
provisions of Sec.  86.1866-12(c);
    (iii) Off-cycle technology credits earned according to the
provisions of Sec.  86.1866-12(d).
    (6) Unused CO2 credits shall retain their full value
through the five subsequent model years after the model year in which
they were generated. Credits available at the end of the fifth model
year after the year in which they were generated shall expire.
    (7) Credits may be used as follows:
    (i) Credits generated and calculated according to the method in
paragraph (k)(4) of this section may not be used to offset deficits
other than those deficits accrued with respect to the standard in Sec.
86.1818-12. Credits may be banked and used in a future model year in
which a manufacturer's average CO2 level exceeds the
applicable standard. Credits may be exchanged between the passenger
automobile and light truck fleets of a given manufacturer. Credits may
also be traded to another manufacturer according to the provisions in
paragraph (k)(8) of this section. Before trading or carrying over
credits to the next model year, a manufacturer must apply available
credits to offset any deficit, where the deadline to offset that credit
deficit has not yet passed.
    (ii) The use of credits shall not change Selective Enforcement
Auditing or in-use testing failures from a failure to a non-failure.
The enforcement of the averaging standard occurs through the vehicle's
certificate of conformity. A manufacturer's certificate of conformity
is conditioned upon compliance with the averaging provisions. The
certificate will be void ab initio if a manufacturer fails to meet the
corporate average standard and does not obtain appropriate credits to
cover its shortfalls in that model year or subsequent model years (see
deficit carry-forward provisions in paragraph (k)(8) of this section).
    (iii) Special provisions for manufacturers using the Temporary
Leadtime Allowance Alternative Standards. (A) Credits generated by
vehicles subject to the fleet average CO2 standards
specified in Sec.  86.1818-12(c) may only be used to offset a deficit
generated by vehicles subject to the Temporary Leadtime Allowance
Alternative Standards specified in Sec.  86.1818-12(e).
    (B) Credits generated by a passenger automobile or light truck
averaging set subject to the Temporary Leadtime Allowance Alternative
Standards specified in Sec.  86.1818-12(e)(4)(i) or (ii) of this
section may be used to offset a deficit generated by an averaging set
subject to the Temporary Leadtime Allowance Alternative Standards
through the 2015 model year, except that manufacturers qualifying under
the provisions of Sec.  86.1818-12(e)(3) may use such credits to offset
a deficit generated by an averaging set subject to the Temporary
Leadtime Allowance Alternative Standards through the 2016 model year .
    (C) Credits generated by an averaging set subject to the Temporary
Leadtime Allowance Alternative Standards specified in Sec.  86.1818-
12(e)(4)(i) or (ii) of this section may not be used to offset a deficit
generated by an averaging set subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c)(2) or (3) or
otherwise transferred to an averaging set subject to the fleet average
CO2 standards specified in Sec.  86.1818-12(c)(2) or (3).
    (D) Credits generated by vehicles subject to the Temporary Leadtime
Allowance Alternative Standards specified in Sec.  86.1818-12(e)(4)(i)
or (ii) may be banked for use in a future model year (to offset a
deficit generated by an averaging set subject to the Temporary Leadtime
Allowance Alternative Standards). All such credits shall expire at the
end of the 2015 model year, except that manufacturers qualifying under
the provisions of Sec.  86.1818-12(e)(3) may use such credits to offset
a deficit generated by an averaging set subject to the Temporary
Leadtime Allowance Alternative Standards through the 2016 model year.
    (E) A manufacturer with any vehicles subject to the Temporary
Leadtime Allowance Alternative Standards specified in Sec.  86.1818-
12(e)(4)(i) or (ii) of this section in a model year in which that
manufacturer also generates credits with vehicles subject to the fleet
average CO2 standards specified in Sec.  86.1818-12(c) may
not trade or bank credits earned against the fleet average standards in
Sec.  86.1818-12(c) for use in a future model year.
    (8) The following provisions apply if debits are accrued:
    (i) If a manufacturer calculates that it has negative credits (also
called ``debits'' or a ``credit deficit'') for a given model year, it
may carry that deficit forward into the next three model years. Such a
carry-forward may only occur after the manufacturer exhausts any supply
of banked credits. At the end of the third model year, the deficit must
be covered with an appropriate number of credits that the manufacturer
generates or purchases. Any remaining deficit is subject to a voiding
of the certificate ab initio, as described in this paragraph (k)(8).
Manufacturers are not permitted to have a credit deficit for four
consecutive years.
    (ii) If debits are not offset within the specified time period, the
number of vehicles not meeting the fleet average CO2
standards (and therefore not covered by the certificate) must be
calculated.
    (A) Determine the gram per mile quantity of debits for the
noncompliant vehicle category by multiplying the total megagram deficit
by 1,000,000 and then dividing by the vehicle lifetime miles for the
vehicle category (passenger automobile or light truck) specified in
paragraph (k)(4) of this section.
    (B) Divide the result by the fleet average standard applicable to
the model year in which the debits were first incurred and round to the
nearest whole number to determine the number of vehicles not meeting
the fleet average CO2 standards.

    (iii) EPA will determine the vehicles not covered by a certificate
because the condition on the certificate was not satisfied by
designating vehicles in those test groups with the highest
CO2 emission values first and continuing until reaching a
number of vehicles equal to the calculated number of noncomplying
vehicles as determined in paragraph (k)(7) of this section. If this
calculation determines that only a portion of vehicles in a test group
contribute to the debit situation, then EPA will designate actual
vehicles in that test group as not covered by the certificate, starting
with the last vehicle produced and counting backwards.
    (iv)(A) If a manufacturer ceases production of passenger cars and
light trucks, the manufacturer continues to be responsible for
offsetting any debits outstanding within the required time period. Any
failure to offset the debits will be considered a violation of
paragraph (k)(7)(i) of this section and may subject the manufacturer to
an enforcement action for sale of vehicles not covered by a
certificate, pursuant to paragraphs (k)(7)(ii) and (iii) of this
section.
    (B) If a manufacturer is purchased by, merges with, or otherwise
combines with another manufacturer, the controlling entity is
responsible for offsetting any debits outstanding within the required
time period. Any failure to offset the debits will be considered a
violation of paragraph (k)(7)(i) of this section and may subject the
manufacturer to an enforcement action for sale of vehicles not covered
by a certificate, pursuant to paragraphs (k)(7)(ii) and (iii) of this
section.
    (v) For purposes of calculating the statute of limitations, a
violation of the requirements of paragraph (k)(7)(i) of this section, a
failure to satisfy the conditions upon which a certificate(s) was
issued and hence a sale of vehicles not covered by the certificate, all
occur upon the expiration of the deadline for offsetting debits
specified in paragraph (k)(7)(i) of this section.
    (9) The following provisions apply to CO2 credit
trading:
    (i) EPA may reject CO2 credit trades if the involved
manufacturers fail to submit the credit trade notification in the
annual report.
    (ii) A manufacturer may not sell credits that are not available for
sale pursuant to the provisions in paragraph (k)(6) of this section.
    (iii) In the event of a negative credit balance resulting from a
transaction, both the buyer and seller are liable. EPA may void ab
initio the certificates of conformity of all test groups participating
in such a trade.
    (iv) (A) If a manufacturer trades a credit that it has not
generated pursuant to paragraph (k) of this section or acquired from
another party, the manufacturer will be considered to have generated a
debit in the model year that the manufacturer traded the credit. The
manufacturer must offset such debits by the deadline for the annual
report for that same model year.
    (B) Failure to offset the debits within the required time period
will be considered a failure to satisfy the conditions upon which the
certificate(s) was issued and will be addressed pursuant to paragraph
(k)(7) of this section.
    (v) A manufacturer may only trade credits that it has generated
pursuant to paragraph (k)(4) of this section or acquired from another
party.
    (l) Maintenance of records and submittal of information relevant to
compliance with fleet average CO2 standards--(1) Maintenance
of records. (i) Manufacturers producing any light-duty vehicles, light-
duty trucks, or medium-duty passenger vehicles subject to the
provisions in this subpart must establish, maintain, and retain all the
following information in adequately organized records for each model
year:
    (A) Model year.
    (B) Applicable fleet average CO2 standards for each
averaging set as defined in paragraph (i) of this section.
    (C) The calculated fleet average CO2 value for each
averaging set as defined in paragraph (i) of this section.
    (D) All values used in calculating the fleet average CO2
values.
    (ii) Manufacturers producing any passenger cars or light trucks
subject to the provisions in this subpart must establish, maintain, and
retain all the following information in adequately organized records
for each passenger car or light truck subject to this subpart:
    (A) Model year.
    (B) Applicable fleet average CO2 standard.
    (C) EPA test group.
    (D) Assembly plant.
    (E) Vehicle identification number.
    (F) Carbon-related exhaust emission standard to which the passenger
car or light truck is certified.
    (G) In-use carbon-related exhaust emission standard.
    (H) Information on the point of first sale, including the
purchaser, city, and state.
    (iii) Manufacturers must retain all required records for a period
of eight years from the due date for the annual report. Records may be
stored in any format and on any media, as long as manufacturers can
promptly send EPA organized written records in English if requested by
the Administrator. Manufacturers must keep records readily available as
EPA may review them at any time.
    (iv) The Administrator may require the manufacturer to retain
additional records or submit information not specifically required by
this section.
    (v) Pursuant to a request made by the Administrator, the
manufacturer must submit to the Administrator the information that the
manufacturer is required to retain.
    (vi) EPA may void ab initio a certificate of conformity for
vehicles certified to emission standards as set forth or otherwise
referenced in this subpart for which the manufacturer fails to retain
the records required in this section or to provide such information to
the Administrator upon request, or to submit the reports required in
this section in the specified time period.
    (2) Reporting. (i) Each manufacturer must submit an annual report.
The annual report must contain for each applicable CO2
standard, the calculated fleet average CO2 value, all values
required to calculate the CO2 emissions value, the number of
credits generated or debits incurred, all the values required to
calculate the credits or debits, and the resulting balance of credits
or debits.
    (ii) For each applicable fleet average CO2 standard, the
annual report must also include documentation on all credit
transactions the manufacturer has engaged in since those included in
the last report. Information for each transaction must include all of
the following:
    (A) Name of credit provider.
    (B) Name of credit recipient.
    (C) Date the trade occurred.
    (D) Quantity of credits traded in megagrams.
    (E) Model year in which the credits were earned.
    (iii) Manufacturers calculating early air conditioning leakage and/
or efficiency credits under paragraph Sec.  86.1867-12(b) of this
section shall include in the 2012 report, the following information for
each model year separately for passenger automobiles and light trucks
and for each air conditioning system used to generate credits:
    (A) A description of the air conditioning system.
    (B) The leakage credit value and all the information required to
determine this value.
    (C) The total credits earned for each averaging set, model year,
and region, as applicable.
    (iv) Manufacturers calculating early advanced technology vehicle
credits

under paragraph Sec.  86.1867-12(c) shall include in the 2012 report,
separately for each model year and separately for passenger automobiles
and light trucks, the following information:
    (A) The number of each model type of eligible vehicle sold.
    (B) The cumulative model year production of eligible vehicles
starting with the 2009 model year.
    (C) The carbon-related exhaust emission value by model type and
model year.
    (v) Manufacturers calculating early off-cycle technology credits
under paragraph Sec.  86.1867-12(d) shall include in the 2012 report,
for each model year and separately for passenger automobiles and light
trucks, all test results and data required for calculating such
credits.
    (vi) Unless a manufacturer reports the data required by this
section in the annual production report required under Sec.  86.1844-
01(e) or the annual report required under Sec.  600.512-12 of this
chapter, a manufacturer must submit an annual report for each model
year after production ends for all affected vehicles produced by the
manufacturer subject to the provisions of this subpart and no later
than May 1 of the calendar year following the given model year. Annual
reports must be submitted to: Director, Compliance and Innovative
Strategies Division, U.S. Environmental Protection Agency, 2000
Traverwood, Ann Arbor, Michigan 48105.
    (vii) Failure by a manufacturer to submit the annual report in the
specified time period for all vehicles subject to the provisions in
this section is a violation of section 203(a)(1) of the Clean Air Act
(42 U.S.C. 7522 (a)(1)) for each applicable vehicle produced by that
manufacturer.
    (viii) If EPA or the manufacturer determines that a reporting error
occurred on an annual report previously submitted to EPA, the
manufacturer's credit or debit calculations will be recalculated. EPA
may void erroneous credits, unless traded, and will adjust erroneous
debits. In the case of traded erroneous credits, EPA must adjust the
selling manufacturer's credit balance to reflect the sale of such
credits and any resulting credit deficit.
    (3) Notice of opportunity for hearing. Any voiding of the
certificate under paragraph (l)(1)(vi) of this section will be made
only after EPA has offered the affected manufacturer an opportunity for
a hearing conducted in accordance with Sec.  86.614-84 for light-duty
vehicles or Sec.  86.1014-84 for light-duty trucks and, if a
manufacturer requests such a hearing, will be made only after an
initial decision by the Presiding Officer.

0
28. A new Sec.  86.1866-12 is added to subpart S to read as follows:

Sec.  86.1866-12  CO2 fleet average credit programs.

    (a) Incentive for certification of advanced technology vehicles.
Electric vehicles, plug-in hybrid electric vehicles, and fuel cell
vehicles, as those terms are defined in Sec.  86.1803-01, that are
certified and produced in the 2012 through 2016 model years may be
eligible for a reduced CO2 emission value under the
provisions of this paragraph (a) and under the provisions of part 600
of this chapter.
    (1) Electric vehicles, fuel cell vehicles, and plug-in hybrid
electric vehicles may use a value of zero (0) grams/mile of
CO2 to represent the proportion of electric operation of a
vehicle that is derived from electricity that is generated from sources
that are not onboard the vehicle.
    (2) The use of zero (0) grams/mile CO2 is limited to the
first 200,000 combined electric vehicles, plug-in hybrid electric
vehicles, and fuel cell vehicles produced and delivered for sale by a
manufacturer in the 2012 through 2016 model years, except that a
manufacturer that produces and delivers for sale 25,000 or more such
vehicles in the 2012 model year shall be subject to a limitation on the
use of zero (0) grams/mile CO2 to the first 300,000 combined
electric vehicles, plug-in hybrid electric vehicles, and fuel cell
vehicles produced and delivered for sale by a manufacturer in the 2012
through 2016 model years.
    (b) Credits for reduction of air conditioning refrigerant leakage.
Manufacturers may generate credits applicable to the CO2
fleet average program described in Sec.  86.1865-12 by implementing
specific air conditioning system technologies designed to reduce air
conditioning refrigerant leakage over the useful life of their
passenger cars and/or light trucks. Credits shall be calculated
according to this paragraph (b) for each air conditioning system that
the manufacturer is using to generate CO2 credits.
Manufacturers may also generate early air conditioning refrigerant
leakage credits under this paragraph (b) for the 2009 through 2011
model years according to the provisions of Sec.  86.1867-12(b).
    (1) The manufacturer shall calculate an annual rate of refrigerant
leakage from an air conditioning system in grams per year according to
the provisions of Sec.  86.166-12.
    (2) The CO2-equivalent gram per mile leakage reduction
to be used to calculate the total credits generated by the air
conditioning system shall be determined according to the following
formulae, rounded to the nearest tenth of a gram per mile:
    (i) Passenger automobiles:

    [GRAPHIC] [TIFF OMITTED] TR07MY10.048

Where:

MaxCredit is 12.6 (grams CO2-equivalent/mile) for air
conditioning systems using HFC-134a, and 13.8 (grams CO2-
equivalent/mile) for air conditioning systems using a refrigerant
with a lower global warming potential.
Leakage means the annual refrigerant leakage rate determined
according to the provisions of Sec.  86.166-12(a), except if the
calculated rate is less than 8.3 grams/year (4.1 grams/year for
systems using electric compressors) the rate for the purpose of this
formula shall be 8.3 grams/year (4.1 grams/year for systems using
electric compressors);
The constant 16.6 is the average passenger car impact of air
conditioning leakage in units of grams/year;
GWPREF means the global warming potential of the
refrigerant as indicated in paragraph (b)(5) of this section or as
otherwise determined by the Administrator;
GWPHFC134a means the global warming potential of HFC-134a
as indicated in paragraph (b)(5) of this section or as otherwise
determined by the Administrator.

    (ii) Light trucks:

[GRAPHIC] [TIFF OMITTED] TR07MY10.049

Where:

MaxCredit is 15.6 (grams CO2-equivalent/mile) for air
conditioning systems using HFC-134a, and 17.2 (grams CO2-
equivalent/mile) for air conditioning systems using a refrigerant
with a lower global warming potential.
Leakage means the annual refrigerant leakage rate determined
according to the provisions of Sec.  86.166-12(a), except if the
calculated rate is less than 10.4 grams/year (5.2 grams/year for
systems using electric compressors) the rate for the purpose of this
formula shall be 10.4 grams/year (5.2 grams/year for systems using
electric compressors);
The constant 20.7 is the average passenger car impact of air
conditioning leakage in units of grams/year;
GWPREF means the global warming potential of the
refrigerant as indicated in paragraph (b)(5) of this section or as
otherwise determined by the Administrator;
GWPR134a means the global warming potential of HFC-134a
as indicated in paragraph (b)(5) of this section or as otherwise
determined by the Administrator.

    (3) The total leakage reduction credits generated by the air
conditioning system shall be calculated separately for passenger cars
and light trucks according to the following formula:
Total Credits (megagrams) = (Leakage x Production x VLM) / 1,000,000

Where:

Leakage = the CO2-equivalent leakage credit value in
grams per mile determined in paragraph (b)(2) of this section.
Production = The total number of passenger cars or light trucks,
whichever is applicable, produced with the air conditioning system
to which to the leakage credit value from paragraph (b)(2) of this
section applies.
VLM = vehicle lifetime miles, which for passenger cars shall be
195,264 and for light trucks shall be 225,865.

    (4) The results of paragraph (b)(3) of this section, rounded to the
nearest whole number, shall be included in the manufacturer's credit/
debit totals calculated in Sec.  86.1865-12(k)(5).
    (5) The following values for refrigerant global warming potential
(GWPREF), or alternative values as determined by the
Administrator, shall be used in the calculations of this paragraph (b).
The Administrator will determine values for refrigerants not included
in this paragraph (b)(5) upon request by a manufacturer.
    (i) For HFC-134a, GWPREF = 1430;
    (ii) For HFC-152a, GWPREF = 124;
    (iii) For HFO-1234yf,: GWPREF = 4;
    (iv) For CO2, GWPREF = 1.
    (c) Credits for improving air conditioning system efficiency.
Manufacturers may generate credits applicable to the CO2
fleet average program described in Sec.  86.1865-12 by implementing
specific air conditioning system technologies designed to reduce air
conditioning-related CO2 emissions over the useful life of
their passenger cars and/or light trucks. Credits shall be calculated
according to this paragraph (c) for each air conditioning system that
the manufacturer is using to generate CO2 credits.
Manufacturers may also generate early air conditioning efficiency
credits under this paragraph (c) for the 2009 through 2011 model years
according to the provisions of Sec.  86.1867-12(b). For model years
2012 and 2013 the manufacturer may determine air conditioning
efficiency credits using the requirements in paragraphs (c)(1) through
(4) of this section. For model years 2014 and later the eligibility
requirements specified in paragraph (c)(5) of this section must be met
before an air conditioning system is allowed to generate credits.
    (1) Air conditioning efficiency credits are available for the
following technologies in the gram per mile amounts indicated:
    (i) Reduced reheat, with externally-controlled, variable-
displacement compressor (e.g. a compressor that controls displacement
based on temperature setpoint and/or cooling demand of the air
conditioning system control settings inside the passenger compartment):
1.7 g/mi.
    (ii) Reduced reheat, with externally-controlled, fixed-displacement
or pneumatic variable displacement compressor (e.g. a compressor that
controls displacement based on conditions within, or internal to, the
air conditioning system, such as head pressure, suction pressure, or
evaporator outlet temperature): 1.1 g/mi.
    (iii) Default to recirculated air with closed-loop control of the
air supply (sensor feedback to control interior air quality) whenever
the ambient temperature is 75 [deg]F or higher: 1.7 g/mi. Air
conditioning systems that operated with closed-loop control of the air
supply at different temperatures may receive credits by submitting an
engineering analysis to the Administrator for approval.
    (iv) Default to recirculated air with open-loop control air supply
(no sensor feedback) whenever the ambient temperature is 75 [deg]F or
higher: 1.1 g/mi. Air conditioning systems that operate with open-loop
control of the air supply at different temperatures may receive credits
by submitting an engineering analysis to the Administrator for
approval.
    (v) Blower motor controls which limit wasted electrical energy
(e.g. pulse width modulated power controller): 0.9 g/mi.
    (vi) Internal heat exchanger (e.g. a device that transfers heat
from the high-pressure, liquid-phase refrigerant entering the
evaporator to the low-pressure, gas-phase refrigerant exiting the
evaporator): 1.1 g/mi.
    (vii) Improved condensers and/or evaporators with system analysis
on the component(s) indicating a coefficient of performance improvement
for the system of greater than 10% when compared to previous industry
standard designs): 1.1 g/mi.
    (viii) Oil separator: 0.6 g/mi. The manufacturer must submit an
engineering analysis demonstrating the increased improvement of the
system relative to the baseline design, where the baseline component
for comparison is the version which a manufacturer most recently had in
production on the same vehicle design or in a similar or related
vehicle model. The characteristics of the baseline component shall be
compared to the new component to demonstrate the improvement.
    (2) Air conditioning efficiency credits are determined on an air
conditioning system basis. For each air conditioning system that is
eligible for a credit based on the use of one or more of the items
listed in paragraph (c)(1) of this section, the total credit value is
the sum of the gram per mile values listed in paragraph (c)(1) of this
section for each item that applies to the air conditioning system. If
the sum of those values for an air conditioning system is greater than
5.7 grams per mile, the total credit value is deemed to be 5.7 grams
per mile.
    (3) The total efficiency credits generated by an air conditioning
system shall be calculated separately for passenger cars and light
trucks according to the following formula:

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

Credit = the CO2 efficiency credit value in grams per
mile determined in paragraph

(c)(2) or (c)(5) of this section, whichever is applicable.
Production = The total number of passenger cars or light trucks,
whichever is applicable, produced with the air conditioning system
to which to the efficiency credit value from paragraph (c)(2) of
this section applies.
VLM = vehicle lifetime miles, which for passenger cars shall be
195,264 and for light trucks shall be 225,865.

    (4) The results of paragraph (c)(3) of this section, rounded to the
nearest whole number, shall be included in the manufacturer's credit/
debit totals calculated in Sec.  86.1865-12(k)(5).
    (5) Use of the Air Conditioning Idle Test Procedure is required
after the 2013 model year as specified in this paragraph (c)(5).
    (i) After the 2013 model year, for each air conditioning system
selected by the manufacturer to generate air conditioning efficiency
credits, the manufacturer shall perform the Air Conditioning Idle Test
Procedure specified in Sec.  86.165-14 of this part.
    (ii) Using good engineering judgment, the manufacturer must select
the vehicle configuration to be tested that is expected to result in
the greatest increased CO2 emissions as a result of the
operation of the air conditioning system for which efficiency credits
are being sought. If the air conditioning system is being installed in
passenger automobiles and light trucks, a separate determination of the
quantity of credits for passenger automobiles and light trucks must be
made, but only one test vehicle is required to represent the air
conditioning system, provided it represents the worst-case impact of
the system on CO2 emissions.
    (iii) For an air conditioning system to be eligible to generate
credits in the 2014 and later model years, the increased CO2
emissions as a result of the operation of that air conditioning system
determined according to the Idle Test Procedure in Sec.  86.165-14 must
be less than 21.3 grams per minute.
    (A) If the increased CO2 emissions determined from the
Idle Test Procedure in Sec.  86.165-14 is less than or equal to 14.9
grams/minute, the total credit value for use in paragraph (c)(3) of
this section shall be as determined in paragraph (c)(2) of this
section.
    (B) If the increased CO2 emissions determined from the
Idle Test Procedure in Sec.  86.165-14 is greater than 14.9 grams/
minute and less than 21.3 grams/minute, the total credit value for use
in paragraph (c)(3) of this section shall be as determined according to
the following formula:

[GRAPHIC] [TIFF OMITTED] TR07MY10.050

Where:

TCV = The total credit value for use in paragraph (c)(3) of this
section;
TCV1 = The total credit value determined according to
paragraph (c)(2) of this section; and
ITP = the increased CO2 emissions determined from the
Idle Test Procedure in Sec.  86.165-14.

    (iv) Air conditioning systems with compressors that are solely
powered by electricity shall submit Air Conditioning Idle Test
Procedure data to be eligible to generate credits in the 2014 and later
model years, but such systems are not required to meet a specific
threshold to be eligible to generate such credits, as long as the
engine remains off for a period of at least 2 minutes during the air
conditioning on portion of the Idle Test Procedure in Sec.  86.165-
12(d).
    (6) The following definitions apply to this paragraph (c):
    (i) Reduced reheat, with externally-controlled, variable
displacement compressor means a system in which compressor displacement
is controlled via an electronic signal, based on input from sensors
(e.g., position or setpoint of interior temperature control, interior
temperature, evaporator outlet air temperature, or refrigerant
temperature) and air temperature at the outlet of the evaporator can be
controlled to a level at 41 [deg]F, or higher.
    (ii) Reduced reheat, with externally-controlled, fixed-displacement
or pneumatic variable displacement compressor means a system in which
the output of either compressor is controlled by cycling the compressor
clutch off-and-on via an electronic signal, based on input from sensors
(e.g., position or setpoint of interior temperature control, interior
temperature, evaporator outlet air temperature, or refrigerant
temperature) and air temperature at the outlet of the evaporator can be
controlled to a level at 41 [deg]F, or higher.
    (iii) Default to recirculated air mode means that the default
position of the mechanism which controls the source of air supplied to
the air conditioning system shall change from outside air to
recirculated air when the operator or the automatic climate control
system has engaged the air conditioning system (i.e., evaporator is
removing heat), except under those conditions where dehumidification is
required for visibility (i.e., defogger mode). In vehicles equipped
with interior air quality sensors (e.g., humidity sensor, or carbon
dioxide sensor), the controls may determine proper blend of air supply
sources to maintain freshness of the cabin air and prevent fogging of
windows while continuing to maximize the use of recirculated air. At
any time, the vehicle operator may manually select the non-recirculated
air setting during vehicle operation but the system must default to
recirculated air mode on subsequent vehicle operations (i.e., next
vehicle start). The climate control system may delay switching to
recirculation mode until the interior air temperature is less than the
outside air temperature, at which time the system must switch to
recirculated air mode.
    (iv) Blower motor controls which limit waste energy means a method
of controlling fan and blower speeds which does not use resistive
elements to decrease the voltage supplied to the motor.
    (v) Improved condensers and/or evaporators means that the
coefficient of performance (COP) of air conditioning system using
improved evaporator and condenser designs is 10 percent higher, as
determined using the bench test procedures described in SAE J2765
``Procedure for Measuring System COP of a Mobile Air Conditioning
System on a Test Bench,'' when compared to a system using standard, or
prior model year, component designs. SAE J2765 is incorporated by
reference; see Sec.  86.1. The manufacturer must submit an engineering
analysis demonstrating the increased improvement of the system relative
to the baseline design, where the baseline component(s) for comparison
is the version which a manufacturer most recently had in production on
the same vehicle design or in a similar or related vehicle model. The
dimensional characteristics (e.g., tube configuration/thickness/
spacing, and fin density) of the baseline component(s) shall be
compared to the new component(s) to demonstrate the improvement in
coefficient of performance.
    (vi) Oil separator means a mechanism which removes at least 50
percent of the oil entrained in the oil/refrigerant mixture exiting the
compressor and returns it to the compressor housing or compressor
inlet, or a compressor design which does not rely on the circulation of
an oil/refrigerant mixture for lubrication.
    (d) Credits for CO2-reducing technologies where the CO2 reduction
is not captured on the Federal Test Procedure or the Highway Fuel
Economy Test. With prior EPA approval, manufacturers may optionally
generate credits applicable to the CO2 fleet average program
described in Sec.  86.1865-12 by implementing innovative technologies
that have a

measurable, demonstrable, and verifiable real-world CO2
reduction. These optional credits are referred to as ``off-cycle''
credits and may be earned through the 2016 model year.
    (1) Qualification criteria. To qualify for this credit, the
criteria in this paragraph (d)(1) must be met as determined by the
Administratory:
    (i) The technology must be an innovative and novel vehicle- or
engine-based approach to reducing greenhouse gas emissions, and not in
widespread use.
    (ii) The CO2-reducing impact of the technology must not be
significantly measurable over the Federal Test Procedure and the
Highway Fuel Economy Test. The technology must improve CO2 emissions
beyond the driving conditions of those tests.
    (iii) The technology must be able to be demonstrated to be
effective for the full useful life of the vehicle. Unless the
manufacturer demonstrates that the technology is not subject to in-use
deterioration, the manufacturer must account for the deterioration in
their analysis.
    (2) Quantifying the CO2 reductions of an off-cycle technology. The
manufacturer may use one of the two options specified in this paragraph
(d)(2) to measure the CO2-reducing potential of an innovative off-cycle
technology. The option described in paragraph (d)(2)(ii) of this
section may be used only with EPA approval, and to use that option the
manufacturer must be able to justify to the Administrator why the 5-
cycle option described in paragraph (d)(2)(i) of this section
insufficiently characterizes the effectiveness of the off-cycle
technology. The manufacturer should notify EPA in their pre-model year
report of their intention to generate any credits under paragraph (d)
of this section.
    (i) Technology demonstration using EPA 5-cycle methodology. To
demonstrate an off-cycle technology and to determine a CO2 credit using
the EPA 5-cycle methodology, the manufacturer shall determine 5-cycle
city/highway combined carbon-related exhaust emissions both with the
technology installed and operating and without the technology installed
and/or operating. The manufacturer shall conduct the following steps,
both with the off-cycle technology installed and operating and without
the technology operating or installed.
    (A) Determine carbon-related exhaust emissions over the FTP, the
HFET, the US06, the SC03, and the cold temperature FTP test procedures
according to the test procedure provisions specified in 40 CFR part 600
subpart B and using the calculation procedures specified in Sec.
600.113-08 of this chapter.
    (B) Calculate 5-cycle city and highway carbon-related exhaust
emissions using data determined in paragraph (d)(2)(i)(A) of this
section according to the calculation procedures in paragraphs (d)
through (f) of Sec.  600.114-08 of this chapter.
    (C) Calculate a 5-cycle city/highway combined carbon-related
exhaust emission value using the city and highway values determined in
paragraph (d)(2)(i)(B) of this section.
    (D) Subtract the 5-cycle city/highway combined carbon-related
exhaust emission value determined with the off-cycle technology
operating from the 5-cycle city/highway combined carbon-related exhaust
emission value determined with the off-cycle technology not operating.
The result is the gram per mile credit amount assigned to the
technology.
    (ii) Technology demonstration using alternative EPA-approved
methodology. In cases where the EPA 5-cycle methodology described in
paragraph (d)(2)(i) of this section cannot adequately measure the
emission reduction attributable to an innovative off-cycle technology,
the manufacturer may develop an alternative approach. Prior to a model
year in which a manufacturer intends to seek these credits, the
manufacturer must submit a detailed analytical plan to EPA. EPA will
work with the manufacturer to ensure that an analytical plan will
result in appropriate data for the purposes of generating these
credits. The alternative demonstration program must be approved in
advance by the Administrator and should:
    (A) Use modeling, on-road testing, on-road data collection, or
other approved analytical or engineering methods;
    (B) Be robust, verifiable, and capable of demonstrating the real-
world emissions benefit with strong statistical significance;
    (C) Result in a demonstration of baseline and controlled emissions
over a wide range of driving conditions and number of vehicles such
that issues of data uncertainty are minimized;
    (D) Result in data on a model type basis unless the manufacturer
demonstrates that another basis is appropriate and adequate.
    (iii) Calculation of total off-cycle credits. Total off-cycle
credits in Megagrams of CO2 (rounded to the nearest whole
number) shall be calculated separately for passenger automobiles and
light trucks according to the following formula:

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

Where:

Credit = the 5-cycle credit value in grams per mile determined in
paragraph (d)(2)(i)(D) or (d)(2)(ii) of this section.
Production = The total number of passenger cars or light trucks,
whichever is applicable, produced with the off-cycle technology to
which to the credit value determined in paragraph (d)(2)(i)(D) or
(d)(2)(ii) of this section applies.
VLM = vehicle lifetime miles, which for passenger cars shall be
195,264 and for light trucks shall be 225,865.

    (3) Notice and opportunity for public comment. The Administrator
will publish a notice of availability in the Federal Register notifying
the public of a manufacturer's proposed alternative off-cycle credit
calculation methodology. The notice will include details regarding the
proposed methodology, but will not include any Confidential Business
Information. The notice will include instructions on how to comment on
the methodology. The Administrator will take public comments into
consideration in the final determination, and will notify the public of
the final determination. Credits may not be accrued using an approved
methodology until the model year following the final approval.

0
29. A new Sec.  86.1867-12 is added to subpart S to read as follows:

Sec.  86.1867-12  Optional early CO2 credit programs.

    Manufacturers may optionally generate CO2 credits in the
2009 through 2011 model years for use in the 2012 and later model years
subject to EPA approval and to the provisions of this section.
Manufacturers may generate early fleet average credits, air
conditioning leakage credits, air conditioning efficiency credits,
early advanced technology credits, and early off-cycle technology
credits. Manufacturers generating any credits under this section must
submit an early credits report to the Administrator as required in this
section. The terms ``sales'' and ``sold'' as used in this section shall
mean vehicles produced and delivered for sale in the states and
territories of the United States.
    (a) Early fleet average CO2 reduction credits. Manufacturers may
optionally generate credits for reductions in their fleet average
CO2 emissions achieved in the 2009 through 2011 model years.
To generate early fleet average CO2 reduction credits,
manufacturers must select one of the four pathways described in
paragraphs (a)(1) through (4) of this section. The manufacturer may
select only one pathway, and that

pathway must remain in effect for the 2009 through 2011 model years.
Fleet average credits (or debits) must be calculated and reported to
EPA for each model year under each selected pathway. Early credits are
subject to five year carry-forward restrictions based on the model year
in which the credits are generated.
    (1) Pathway 1. To earn credits under this pathway, the manufacturer
shall calculate an average carbon-related exhaust emission value to the
nearest one gram per mile for the classes of motor vehicles identified
in this paragraph (a)(1), and the results of such calculations will be
reported to the Administrator for use in determining compliance with
the applicable CO2 early credit threshold values.
    (i) An average carbon-related exhaust emission value calculation
will be made for the combined LDV/LDT1 averaging set.
    (ii) An average carbon-related exhaust emission value calculation
will be made for the combined LDT2/HLDT/MDPV averaging set.
    (iii) Average carbon-related exhaust emission values shall be
determined according to the provisions of Sec.  600.510-12 of this
chapter, except that:
    (A) Total U.S. model year sales data will be used, instead of
production data.
    (B) The average carbon-related exhaust emissions for alcohol fueled
model types shall be calculated according to the provisions of Sec.
600.510-12(j)(2)(ii)(B) of this chapter, without the use of the 0.15
multiplicative factor.
    (C) The average carbon-related exhaust emissions for natural gas
fueled model types shall be calculated according to the provisions of
Sec.  600.510-12(j)(2)(iii)(B) of this chapter, without the use of the
0.15 multiplicative factor.
    (D) The average carbon-related exhaust emissions for alcohol dual
fueled model types shall be the value measured using gasoline or diesel
fuel, as applicable, and shall be calculated according to the
provisions of Sec.  600.510-12(j)(2)(vi) of this chapter, without the
use of the 0.15 multiplicative factor and with F = 0. For the 2010 and
2011 model years only, if the California Air Resources Board has
approved a manufacturer's request to use a non-zero value of F, the
manufacturer may use such an approved value.
    (E) The average carbon-related exhaust emissions for natural gas
dual fueled model types shall be the value measured using gasoline or
diesel fuel, as applicable, and shall be calculated according to the
provisions of Sec.  600.510-12(j)(2)(vii) of this chapter, without the
use of the 0.15 multiplicative factor and with F = 0. For the 2010 and
2011 model years only, if the California Air Resources Board has
approved a manufacturer's request to use a non-zero value of F, the
manufacturer may use such an approved value.
    (F) Carbon-related exhaust emission values for electric, fuel cell,
and plug-in hybrid electric model types shall be included in the fleet
average determined under paragraph (a)(1) of this section only to the
extent that such vehicles are not being used to generate early advanced
technology vehicle credits under paragraph (c) of this section.
    (iv) Fleet average CO2 credit threshold values.

------------------------------------------------------------------------
                                                              LDT2/HLDT/
                  Model year                      LDV/LDT1       MDPV
------------------------------------------------------------------------
2009..........................................          323          439
2010..........................................          301          420
2011..........................................          267          390
------------------------------------------------------------------------

    (v) Credits are earned on the last day of the model year.
Manufacturers must calculate, for a given model year, the number of
credits or debits it has generated according to the following equation,
rounded to the nearest megagram:

CO2 Credits or Debits (Mg) = [(CO2 Credit
Threshold - Manufacturer's Sales Weighted Fleet Average CO2
Emissions) x (Total Number of Vehicles Sold) x (Vehicle Lifetime
Miles)] / 1,000,000

Where:

CO2 Credit Threshold = the applicable credit threshold
value for the model year and vehicle averaging set as determined by
paragraph (a)(1)(iv) of this section;
Manufacturer's Sales Weighted Fleet Average CO2 Emissions
= average calculated according to paragraph (a)(1)(iii) of this
section;
Total Number of Vehicles Sold = The number of vehicles domestically
sold as defined in Sec.  600.511-80 of this chapter; and
Vehicle Lifetime Miles is 195,264 for the LDV/LDT1 averaging set and
225,865 for the LDT2/HLDT/MDPV averaging set.

    (vi) Deficits generated against the applicable CO2
credit threshold values in paragraph (a)(1)(iv) of this section in any
averaging set for any of the 2009-2011 model years must be offset using
credits accumulated by any averaging set in any of the 2009-2011 model
years before determining the number of credits that may be carried
forward to the 2012. Deficit carry forward and credit banking
provisions of Sec.  86.1865-12 apply to early credits earned under this
paragraph (a)(1), except that deficits may not be carried forward from
any of the 2009-2011 model years into the 2012 model year, and credits
earned in the 2009 model year may not be traded to other manufacturers.
    (2) Pathway 2. To earn credits under this pathway, manufacturers
shall calculate an average carbon-related exhaust emission value to the
nearest one gram per mile for the classes of motor vehicles identified
in paragraph (a)(1) of this section, and the results of such
calculations will be reported to the Administrator for use in
determining compliance with the applicable CO2 early credit
threshold values.
    (i) Credits under this pathway shall be calculated according to the
provisions of paragraph (a)(1) of this section, except credits may only
be generated by vehicles sold in a model year in California and in
states with a section 177 program in effect in that model year. For the
purposes of this section, ``section 177 program'' means State
regulations or other laws that apply to vehicle emissions from any of
the following categories of motor vehicles: Passenger cars, light-duty
trucks up through 6,000 pounds GVWR, and medium-duty vehicles from
6,001 to 14,000 pounds GVWR, as these categories of motor vehicles are
defined in the California Code of Regulations, Title 13, Division 3,
Chapter 1, Article 1, Section 1900.
    (ii) A deficit in any averaging set for any of the 2009-2011 model
years must be offset using credits accumulated by any averaging set in
any of the 2009-2011 model years before determining the number of
credits that may be carried forward to the 2012 model year. Deficit
carry forward and credit banking provisions of Sec.  86.1865-12 apply
to early credits earned under this paragraph (a)(1), except that
deficits may not be carried forward from any of the 2009-2011 model
years into the 2012 model year, and credits earned in the 2009 model
year may not be traded to other manufacturers.
    (3) Pathway 3. Pathway 3 credits are those credits earned under
Pathway 2 as described in paragraph (a)(2) of this section in
California and in the section 177 states determined in paragraph
(a)(2)(i) of this section, combined with additional credits earned in
the set of states that does not include California and the section 177
states determined in paragraph (a)(2)(i) of this section and calculated
according to this paragraph (a)(3).
    (i) Manufacturers shall earn additional credits under Pathway 3 by
calculating an average carbon-related exhaust emission value to the
nearest one gram per mile for the classes of

motor vehicles identified in this paragraph (a)(3). The results of such
calculations will be reported to the Administrator for use in
determining compliance with the applicable CO2 early credit
threshold values.
    (ii) An average carbon-related exhaust emission value calculation
will be made for the passenger automobile averaging set. The term
``passenger automobile'' shall have the meaning given by the Department
of Transportation at 49 CFR 523.4 for the specific model year for which
the calculation is being made.
    (iii) An average carbon-related exhaust emission value calculation
will be made for the light truck averaging set. The term ``light
truck'' shall have the meaning given by the Department of
Transportation at 49 CFR 523.5 for the specific model year for which
the calculation is being made.
    (iv) Average carbon-related exhaust emission values shall be
determined according to the provisions of Sec.  600.510-12 of this
chapter, except that:
    (A) Total model year sales data will be used, instead of production
data, except that vehicles sold in the section 177 states determined in
paragraph (a)(2)(i) of this section shall not be included.
    (B) The average carbon-related exhaust emissions for alcohol fueled
model types shall be calculated according to the provisions of Sec.
600.510-12(j)(2)(ii)(B) of this chapter, without the use of the 0.15
multiplicative factor.
    (C) The average carbon-related exhaust emissions for natural gas
fueled model types shall be calculated according to the provisions of
Sec.  600.510-12(j)(2)(iii)(B) of this chapter, without the use of the
0.15 multiplicative factor.
    (D) The average carbon-related exhaust emissions for alcohol dual
fueled model types shall be calculated according to the provisions of
Sec.  600.510-12(j)(2)(vi) of this chapter, without the use of the 0.15
multiplicative factor and with F = 0.
    (E) The average carbon-related exhaust emissions for natural gas
dual fueled model types shall be calculated according to the provisions
of Sec.  600.510-12(j)(2)(vii) of this chapter, without the use of the
0.15 multiplicative factor and with F = 0.
    (F) Section 600.510-12(j)(3) of this chapter shall not apply.
Electric, fuel cell, and plug-in hybrid electric model type carbon-
related exhaust emission values shall be included in the fleet average
determined under paragraph (a)(1) of this section only to the extent
that such vehicles are not being used to generate early advanced
technology vehicle credits under paragraph (c) of this section.
    (v) Pathway 3 fleet average CO2 credit threshold values.
    (A) For 2009 and 2010 model year passenger automobiles, the fleet
average CO2 credit threshold value is 323 grams/mile.
    (B) For 2009 model year light trucks the fleet average
CO2 credit threshold value is 381 grams/mile, or, if the
manufacturer chose to optionally meet an alternative manufacturer-
specific light truck fuel economy standard calculated under 49 CFR
533.5 for the 2009 model year, the gram per mile fleet average
CO2 credit threshold shall be the CO2 value
determined by dividing 8887 by that alternative manufacturer-specific
fuel economy standard and rounding to the nearest whole gram per mile.
    (C) For 2010 model year light trucks the fleet average
CO2 credit threshold value is 376 grams/mile, or, if the
manufacturer chose to optionally meet an alternative manufacturer-
specific light truck fuel economy standard calculated under 49 CFR
533.5 for the 2010 model year, the gram per mile fleet average
CO2 credit threshold shall be the CO2 value
determined by dividing 8887 by that alternative manufacturer-specific
fuel economy standard and rounding to the nearest whole gram per mile.
    (D) For 2011 model year passenger automobiles the fleet average
CO2 credit threshold value is the value determined by
dividing 8887 by the manufacturer-specific passenger automobile fuel
economy standard for the 2011 model year determined under 49 CFR 531.5
and rounding to the nearest whole gram per mile.
    (E) For 2011 model year light trucks the fleet average
CO2 credit threshold value is the value determined by
dividing 8887 by the manufacturer-specific light truck fuel economy
standard for the 2011 model year determined under 49 CFR 533.5 and
rounding to the nearest whole gram per mile.
    (vi) Credits are earned on the last day of the model year.
Manufacturers must calculate, for a given model year, the number of
credits or debits it has generated according to the following equation,
rounded to the nearest megagram:

CO2 Credits or Debits (Mg) = [(CO2 Credit
Threshold - Manufacturer's Sales Weighted Fleet Average CO2
Emissions) x (Total Number of Vehicles Sold) x (Vehicle Lifetime
Miles)] / 1,000,000

Where:

CO2 Credit Threshold = the applicable credit threshold
value for the model year and vehicle averaging set as determined by
paragraph (a)(3)(vii) of this section;
Manufacturer's Sales Weighted Fleet Average CO2 Emissions
= average calculated according to paragraph (a)(3)(vi) of this
section;
Total Number of Vehicles Sold = The number of vehicles domestically
sold as defined in Sec.  600.511-80 of this chapter except that
vehicles sold in the section 177 states determined in paragraph
(a)(2)(i) of this section shall not be included; and
Vehicle Lifetime Miles is 195,264 for the LDV/LDT1 averaging set and
225,865 for the LDT2/HLDT/MDPV averaging set.

    (vii) Deficits in any averaging set for any of the 2009-2011 model
years must be offset using credits accumulated by any averaging set in
any of the 2009-2011 model years before determining the number of
credits that may be carried forward to the 2012. Deficit carry forward
and credit banking provisions of Sec.  86.1865-12 apply to early
credits earned under this paragraph (a)(3), except that deficits may
not be carried forward from any of the 2009-2011 model years into the
2012 model year, and credits earned in the 2009 model year may not be
traded to other manufacturers.
    (4) Pathway 4. Pathway 4 credits are those credits earned under
Pathway 3 as described in paragraph (a)(3) of this section in the set
of states that does not include California and the section 177 states
determined in paragraph (a)(2)(i) of this section and calculated
according to paragraph (a)(3) of this section. Credits may only be
generated by vehicles sold in the set of states that does not include
the section 177 states determined in paragraph (a)(2)(i) of this
section.
    (b) Early air conditioning leakage and efficiency credits. (1)
Manufacturers may optionally generate air conditioning refrigerant
leakage credits according to the provisions of Sec.  86.1866-12(b) and/
or air conditioning efficiency credits according to the provisions of
Sec.  86.1866-12(c) in model years 2009 through 2011. The early credits
are subject to five year carry forward limits based on the model year
in which the credits are generated. Credits must be tracked by model
type and model year.
    (2) Manufacturers that are required to comply with California
greenhouse gas requirements in model years 2009-2011 (for California
and section 177 states) may not generate early air conditioning credits
for vehicles sold in California and the section 177 states as
determined in paragraph (a)(2)(i) of this section.
    (c) Early advanced technology vehicle incentive. Vehicles eligible
for this

incentive are electric vehicles, fuel cell vehicles, and plug-in hybrid
electric vehicles, as those terms are defined in Sec.  86.1803-01. If a
manufacturer chooses to not include electric vehicles, fuel cell
vehicles, and plug-in hybrid electric vehicles in their fleet averages
calculated under any of the early credit pathways described in
paragraph (a) of this section, the manufacturer may generate early
advanced technology vehicle credits pursuant to this paragraph (c).
    (1) The manufacturer shall record the sales and carbon-related
exhaust emission values of eligible vehicles by model type and model
year for model years 2009 through 2011 and report these values to the
Administrator under paragraph (e) of this section.
    (2) Manufacturers may use the 2009 through 2011 eligible vehicles
in their fleet average calculations starting with the 2012 model year,
subject to a five-year carry-forward limitation.
    (i) Eligible 2009 model year vehicles may be used in the
calculation of a manufacturer's fleet average carbon-related exhaust
emissions in the 2012 through 2014 model years.
    (ii) Eligible 2010 model year vehicles may be used in the
calculation of a manufacturer's fleet average carbon-related exhaust
emissions in the 2012 through 2015 model years.
    (iii) Eligible 2011 model year vehicles may be used in the
calculation of a manufacturer's fleet average carbon-related exhaust
emissions in the 2012 through 2016 model years.
    (3)(i) To use the advanced technology vehicle incentive, the
manufacturer will apply the 2009, 2010, and/or 2011 model type sales
volumes and their model type emission levels to the manufacturer's
fleet average calculation.
    (ii) The early advanced technology vehicle incentive must be used
to offset a deficit in one of the 2012 through 2016 model years, as
appropriate under paragraph (c)(2) of this section.
    (iii) The advanced technology vehicle sales and emission values may
be included in a fleet average calculation for passenger automobiles or
light trucks, but may not be used to generate credits in the model year
in which they are included or in the averaging set in which they are
used. Use of early advanced technology vehicle credits is limited to
offsetting a deficit that would otherwise be generated without the use
of those credits. Manufacturers shall report the use of such credits in
their model year report for the model year in which the credits are
used.
    (4) Manufacturers may use zero grams/mile to represent the carbon-
related exhaust emission values for the electric operation of 2009
through 2011 model year electric vehicles, fuel cell vehicles, and
plug-in hybrid electric vehicles subject to the limitations in Sec.
86.1866-12(a). The 2009 through 2011 model year vehicles using zero
grams per mile shall count against the 200,000 or 300,000 caps on use
of this credit value, whichever is applicable under Sec.  86.1866-
12(a).
    (d) Early off-cycle technology credits. Manufacturers may
optionally generate credits for the implementation of certain
CO2-reducing technologies according to the provisions of
Sec.  86.1866-12(d) in model years 2009 through 2011. The early credits
are subject to five year carry forward limits based on the model year
in which the credits are generated. Credits must be tracked by model
type and model year.
    (e) Early credit reporting requirements. Each manufacturer shall
submit a report to the Administrator, known as the early credits
report, that reports the credits earned in the 2009 through 2011 model
years under this section.
    (1) The report shall contain all information necessary for the
calculation of the manufacturer's early credits in each of the 2009
through 2011 model years.
    (2) The early credits report shall be in writing, signed by the
authorized representative of the manufacturer and shall be submitted no
later than 90 days after the end of the 2011 model year.
    (3) Manufacturers using one of the optional early fleet average
CO2 reduction credit pathways described in paragraph (a) of
this section shall report the following information separately for the
appropriate averaging sets (e.g. LDV/LDT1 and LDT2/HLDT/MDPV averaging
sets for pathways 1 and 2; LDV, LDT/2011 MDPV, LDV/LDT1 and LDT2/HLDT/
MDPV averaging sets for Pathway 3; LDV and LDT/2011 MDPV averaging sets
for Pathway 4):
    (i) The pathway that they have selected (1, 2, 3, or 4).
    (ii) A carbon-related exhaust emission value for each model type of
the manufacturer's product line calculated according to paragraph (a)
of this section.
    (iii) The manufacturer's average carbon-related exhaust emission
value calculated according to paragraph (a) of this section for the
applicable averaging set and region and all data required to complete
this calculation.
    (iv) The credits earned for each averaging set, model year, and
region, as applicable.
    (4) Manufacturers calculating early air conditioning leakage and/or
efficiency credits under paragraph (b) of this section shall report the
following information for each model year separately for passenger
automobiles and light trucks and for each air conditioning system used
to generate credits:
    (i) A description of the air conditioning system.
    (ii) The leakage credit value and all the information required to
determine this value.
    (iii) The total credits earned for each averaging set, model year,
and region, as applicable.
    (5) Manufacturers calculating early advanced technology vehicle
credits under paragraph (c) of this section shall report, for each
model year and separately for passenger automobiles and light trucks,
the following information:
    (i) The number of each model type of eligible vehicle sold.
    (ii) The carbon-related exhaust emission value by model type and
model year.
    (6) Manufacturers calculating early off-cycle technology credits
under paragraph (d) of this section shall report, for each model year
and separately for passenger automobiles and light trucks, all test
results and data required for calculating such credits.

PART 600--FUEL ECONOMY AND CARBON-RELATED EXHAUST EMISSIONS OF
MOTOR VEHICLES

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

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

0
31. The heading for part 600 is revised as set forth above.

Subpart A--Fuel Economy and Carbon-Related Exhaust Emission
Regulations for 1977 and Later Model Year Automobiles--General
Provisions

0
32. The heading for subpart A is revised as set forth above.

0
33. A new Sec.  600.001-12 is added to subpart A to read as follows:

Sec.  600.001-12  General applicability.

    (a) The provisions of this subpart are applicable to 2012 and later
model year automobiles and to the manufacturers of 2012 and later model
year automobiles.
    (b) Fuel economy and related emissions data. Unless stated
otherwise, references to fuel economy or fuel economy data in this
subpart shall also be interpreted to mean the related exhaust emissions
of CO2, HC, and CO, and where applicable for alternative
fuel vehicles, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC and CH4. References
to

average fuel economy shall be interpreted to also mean average carbon-
related exhaust emissions. References to fuel economy data vehicles
shall also be meant to refer to vehicles tested for carbon-related
exhaust emissions for the purpose of demonstrating compliance with
fleet average CO2 standards in Sec.  86.1818-12 of this
chapter.

0
34. Section 600.002-08 is amended as follows:
0
a. By adding the definition for ``Base tire.''
0
b. By adding the definition for ``Carbon-related exhaust emissions.''
0
c. By adding the definition for ``Electric vehicle.''
0
d. By adding the definition for ``Footprint.''
0
e. By adding the definition for ``Fuel cell.''
0
f. By adding the definition for ``Fuel cell vehicle.''
0
g. By adding the definition for ``Hybrid electric vehicle.''
0
h. By revising the definition for ``Non-passenger automobile.''
0
i. By revising the definition for ``Passenger automobile.''
0
j. By adding the definition for ``Plug-in hybrid electric vehicle.''
0
k. By adding the definition for ``Track width.''
0
l. By adding the definition for ``Wheelbase.''

Sec.  600.002-08  Definitions.

* * * * *
    Base tire means the tire specified as standard equipment by the
manufacturer.
* * * * *
    Carbon-related exhaust emissions (CREE) means the summation of the
carbon-containing constituents of the exhaust emissions, with each
constituent adjusted by a coefficient representing the carbon weight
fraction of each constituent relative to the CO2 carbon
weight fraction, as specified in Sec.  600.113-08. For example, carbon-
related exhaust emissions (weighted 55 percent city and 45 percent
highway) are used to demonstrate compliance with fleet average
CO2 emission standards outlined in Sec.  86.1818(c) of this
chapter.
* * * * *
    Electric vehicle has the meaning given in Sec.  86.1803-01 of this
chapter.
* * * * *
    Footprint has the meaning given in Sec.  86.1803-01 of this
chapter.
* * * * *
    Fuel cell has the meaning given in Sec.  86.1803-01 of this
chapter.
    Fuel cell vehicle has the meaning given in Sec.  86.1803-01 of this
chapter.
* * * * *
    Hybrid electric vehicle (HEV) has the meaning given in Sec.
86.1803-01 of this chapter.
* * * * *
    Non-passenger automobile has the meaning given by the Department of
Transportation at 49 CFR 523.5. This term is synonymous with ``light
truck.''
* * * * *
    Passenger automobile has the meaning given by the Department of
Transportation at 49 CFR 523.4.
* * * * *
    Plug-in hybrid electric vehicle (PHEV) has the meaning given in
Sec.  86.1803-01 of this chapter.
* * * * *
    Track width has the meaning given in Sec.  86.1803-01 of this
chapter.
* * * * *
    Wheelbase has the meaning given in Sec.  86.1803-01 of this
chapter.
* * * * *

0
35. Section 600.006-08 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (b)(2)(ii).
0
c. By revising paragraph (b)(2)(iv).
0
d. By revising paragraph (c) introductory text.
0
e. By adding paragraph (c)(5).
0
f. By revising paragraph (e).
0
g. By revising paragraph (g)(3).

Sec.  600.006-08  Data and information requirements for fuel economy
data vehicles.

* * * * *
    (b) * * *
    (2) * * *
    (ii) In the case of electric vehicles, plug-in hybrid electric
vehicles, and hybrid electric vehicles, a description of all
maintenance to electric motor, motor controller, battery configuration,
or other components performed within 2,000 miles prior to fuel economy
testing.
* * * * *
    (iv) In the case of electric vehicles, plug-in hybrid electric
vehicles, and hybrid electric vehicles, a copy of calibrations for the
electric motor, motor controller, battery configuration, or other
components on the test vehicle as well as the design tolerances.
* * * * *
    (c) The manufacturer shall submit the following fuel economy data:
* * * * *
    (5) Starting with the 2012 model year, the data submitted according
to paragraphs (c)(1) through (c)(4) of this section shall include total
HC, CO, CO2, and, where applicable for alternative fuel
vehicles, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC and CH4.
Manufacturers incorporating N2O and CH4 emissions
in their fleet average carbon-related exhaust emissions as allowed
under Sec.  86.1818(f)(2) of this chapter shall also submit
N2O and CH4 emission data where applicable. The
fuel economy and CO2 emission test results shall be adjusted
in accordance with paragraph (g) of this section.
* * * * *
    (e) In lieu of submitting actual data from a test vehicle, a
manufacturer may provide fuel economy and carbon-related exhaust
emission values derived from a previously tested vehicle, where the
fuel economy and carbon-related exhaust emissions are expected to be
equivalent (or less fuel-efficient and with higher carbon-related
exhaust emissions). Additionally, in lieu of submitting actual data
from a test vehicle, a manufacturer may provide fuel economy and
carbon-related exhaust emission values derived from an analytical
expression, e.g., regression analysis. In order for fuel economy and
carbon-related exhaust emission values derived from analytical methods
to be accepted, the expression (form and coefficients) must have been
approved by the Administrator.
* * * * *
    (g) * * *
    (3)(i) The manufacturer shall adjust all fuel economy test data
generated by vehicles with engine-drive system combinations with more
than 6,200 miles by using the following equation:

FE4,000mi = FET[0.979 + 5.25 x
10-\6\(mi)]-\1\

Where:

FE4,000mi = Fuel economy data adjusted to 4,000-mile test
point rounded to the nearest 0.1 mpg.
FET = Tested fuel economy value rounded to the nearest
0.1 mpg.
mi = System miles accumulated at the start of the test rounded to
the nearest whole mile.

    (ii)(A) The manufacturer shall adjust all carbon-related exhaust
emission (CREE) test data generated by vehicles with engine-drive
system combinations with more than 6,200 miles by using the following
equation:

CREE4,000mi = CREET[0.979 + 5.25 x
10-6(mi)]

Where:

CREE4,000mi = CREE emission data adjusted to 4,000-mile
test point.
CREE T = Tested emissions value of CREE in grams per
mile.
mi = System miles accumulated at the start of the test rounded to
the nearest whole mile.

    (B) Emissions test values and results used and determined in the
calculations in paragraph (g)(3)(ii) of this section

shall be rounded in accordance with Sec.  86.1837-01 of this chapter as
applicable. CREE values shall be rounded to the nearest gram per mile.
* * * * *

0
36. Section 600.007-08 is amended as follows:
0
a. By revising paragraph (b)(4) through (6).
0
b. By revising paragraph (c).
0
c. By revising paragraph (f) introductory text.

Sec.  600.007-08  Vehicle acceptability.

* * * * *
    (b) * * *
    (4) Each fuel economy data vehicle must meet the same exhaust
emission standards as certification vehicles of the respective engine-
system combination during the test in which the city fuel economy test
results are generated. This may be demonstrated using one of the
following methods:
    (i) The deterioration factors established for the respective
engine-system combination per Sec.  86.1841-01 of this chapter as
applicable will be used; or
    (ii) The fuel economy data vehicle will be equipped with aged
emission control components according to the provisions of Sec.
86.1823-08 of this chapter.
    (5) The calibration information submitted under Sec.  600.006(b)
must be representative of the vehicle configuration for which the fuel
economy and carbon-related exhaust emissions data were submitted.
    (6) Any vehicle tested for fuel economy or carbon-related exhaust
emissions purposes must be representative of a vehicle which the
manufacturer intends to produce under the provisions of a certificate
of conformity.
* * * * *
    (c) If, based on review of the information submitted under Sec.
600.006(b), the Administrator determines that a fuel economy data
vehicle meets the requirements of this section, the fuel economy data
vehicle will be judged to be acceptable and fuel economy and carbon-
related exhaust emissions data from that fuel economy data vehicle will
be reviewed pursuant to Sec.  600.008.
* * * * *
    (f) All vehicles used to generate fuel economy and carbon-related
exhaust emissions data, and for which emission standards apply, must be
covered by a certificate of conformity under part 86 of this chapter
before:
* * * * *

0
37. Section 600.008-08 is amended by revising the section heading and
paragraph (a)(1) to read as follows:

Sec.  600.008-08  Review of fuel economy and carbon-related exhaust
emission data, testing by the Administrator.

    (a) Testing by the Administrator. (1)(i) The Administrator may
require that any one or more of the test vehicles be submitted to the
Agency, at such place or places as the Agency may designate, for the
purposes of conducting fuel economy tests. The Administrator may
specify that such testing be conducted at the manufacturer's facility,
in which case instrumentation and equipment specified by the
Administrator shall be made available by the manufacturer for test
operations. The tests to be performed may comprise the FTP, highway
fuel economy test, US06, SC03, or Cold temperature FTP or any
combination of those tests. Any testing conducted at a manufacturer's
facility pursuant to this paragraph shall be scheduled by the
manufacturer as promptly as possible.
    (ii) Starting with the 2012 model year, evaluations, testing, and
test data described in this section pertaining to fuel economy shall
also be performed for carbon-related exhaust emissions, except that
carbon-related exhaust emissions shall be arithmetically averaged
instead of harmonically averaged, and in cases where the manufacturer
selects the lowest of several fuel economy results to represent the
vehicle, the manufacturer shall select the carbon-related exhaust
emissions value from the test results associated with the lowest fuel
economy results.
* * * * *

0
38. Section 600.010-08 is amended by revising paragraph (d) to read as
follows:

Sec.  600.010-08  Vehicle test requirements and minimum data
requirements.

* * * * *
    (d) Minimum data requirements for the manufacturer's average fuel
economy and average carbon-related exhaust emissions. For the purpose
of calculating the manufacturer's average fuel economy and average
carbon-related exhaust emissions under Sec.  600.510, the manufacturer
shall submit FTP (city) and HFET (highway) test data representing at
least 90 percent of the manufacturer's actual model year production, by
configuration, for each category identified for calculation under Sec.
600.510-08(a).

0
39. Section 600.011-93 is amended to read as follows:

Sec.  600.011-93  Reference materials.

    (a) Incorporation by reference. The documents referenced in this
section have been incorporated by reference in this part. The
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at the U.S. Environmental Protection Agency, Office of
Air and Radiation, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
phone<PHONE_NUMBER>, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html
and is available from the sources listed below:
    (b) ASTM. The following material is available from the American
Society for Testing and Materials. Copies of these materials may be
obtained from American Society for Testing and Materials, ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959, phone<PHONE_NUMBER>. http://www.astm.org/.
    (1) ASTM E 29-67 (Reapproved 1973) Standard Recommended Practice
for Indicating Which Places of Figures Are To Be Considered Significant
in Specified Limiting Values, IBR approved for Sec. Sec.  600.002-93
and 600.002-08.
    (2) ASTM D 1298-85 (Reapproved 1990) Standard Practice for Density,
Relative Density (Specific Gravity), or API Gravity of Crude Petroleum
and Liquid Petroleum Products by Hydrometer Method, IBR approved for
Sec. Sec.  600.113-93, 600.510-93, 600.113-08, 600.510-08, and 600.510-
12.
    (3) ASTM D 3343-90 Standard Test Method for Estimation of Hydrogen
Content of Aviation Fuels, IBR approved for Sec. Sec.  600.113-93 and
600.113-08.
    (4) ASTM D 3338-92 Standard Test Method for Estimation of Net Heat
of Combustion of Aviation Fuels, IBR approved for Sec. Sec.  600.113-93
and 600.113-08.
    (5) ASTM D 240-92 Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for
Sec. Sec.  600.113-93, 600.510-93, 600.113-08, and 600.510-08.
    (6) ASTM D975-04c Standard Specification for Diesel Fuel Oils, IBR
approved for Sec.  600.107-08.
    (7) ASTM D 1945-91 Standard Test Method for Analysis of Natural Gas
By Gas Chromatography, IBR approved for Sec. Sec.  600.113-93, 600.113-
08.
    (c) SAE Material. The following material is available from the
Society of

Automotive Engineers. Copies of these materials may be obtained from
Society of Automotive Engineers World Headquarters, 400 Commonwealth
Dr., Warrendale, PA 15096-0001, phone<PHONE_NUMBER> (U.S. and Canada)
or<PHONE_NUMBER> (outside the U.S. and Canada), or at http://
www.sae.org.
    (1) Motor Vehicle Dimensions--Recommended Practice SAE 1100a
(Report of Human Factors Engineering Committee, Society of Automotive
Engineers, approved September 1973 as revised September 1975), IBR
approved for Sec. Sec.  600.315-08 and 600.315-82.
    (2) [Reserved]

Subpart B--Fuel Economy and Carbon-Related Exhaust Emission
Regulations for 1978 and Later Model Year Automobiles--Test
Procedures

0
40. The heading for subpart B is revised as set forth above.
0
41. A new Sec.  600.101-12 is added to subpart B to read as follows:

Sec.  600.101-12  General applicability.

    (a) The provisions of this subpart are applicable to 2012 and later
model year automobiles and to the manufacturers of 2012 and later model
year automobiles.
    (b) Fuel economy and carbon-related emissions data. Unless stated
otherwise, references to fuel economy or fuel economy data in this
subpart shall also be interpreted to mean the related exhaust emissions
of CO2, HC, and CO, and where applicable for alternative
fuel vehicles, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC and CH4. References
to average fuel economy shall be interpreted to also mean average
carbon-related exhaust emissions.
0
42. Section 600.111-08 is amended by revising paragraph (f) to read as
follows:

Sec.  600.111-08  Test procedures.

* * * * *
    (f) Special Test Procedures. The Administrator may prescribe test
procedures, other than those set forth in this Subpart B, for any
vehicle which is not susceptible to satisfactory testing and/or testing
results by the procedures set forth in this part. For example, special
test procedures may be used for advanced technology vehicles,
including, but not limited to battery electric vehicles, fuel cell
vehicles, plug-in hybrid electric vehicles and vehicles equipped with
hydrogen internal combustion engines. Additionally, the Administrator
may conduct fuel economy and carbon-related exhaust emission testing
using the special test procedures approved for a specific vehicle.

0
43. A new Sec.  600.113-12 is added to subpart B to read as follows:

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

    The Administrator will use the calculation procedure set forth in
this paragraph for all official EPA testing of vehicles fueled with
gasoline, diesel, alcohol-based or natural gas fuel. The calculations
of the weighted fuel economy and carbon-related exhaust emission values
require input of the weighted grams/mile values for total hydrocarbons
(HC), carbon monoxide (CO), and carbon dioxide (CO2); and,
additionally for methanol-fueled automobiles, methanol
(CH3OH) and formaldehyde (HCHO); and, additionally for
ethanol-fueled automobiles, methanol (CH3OH), ethanol
(C2H5OH), acetaldehyde
(C2H4O), and formaldehyde (HCHO); and
additionally for natural gas-fueled vehicles, non-methane hydrocarbons
(NMHC) and methane (CH4). For manufacturers selecting the
fleet averaging option for N2O and CH4 as allowed
under Sec.  86.1818-12(f)(2) of this chapter the calculations of the
carbon-related exhaust emissions require the input of grams/mile values
for nitrous oxide (N2O) and methane (CH4).
Emissions shall be determined for the FTP, HFET, US06, SC03 and cold
temperature FTP tests. Additionally, the specific gravity, carbon
weight fraction and net heating value of the test fuel must be
determined. The FTP, HFET, US06, SC03 and cold temperature FTP fuel
economy and carbon-related exhaust emission values shall be calculated
as specified in this section. An example fuel economy calculation
appears in Appendix II of this part.
    (a) Calculate the FTP fuel economy.
    (1) Calculate the weighted grams/mile values for the FTP test for
CO2, HC, and CO, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec.  86.144(b) of
this chapter. Measure and record the test fuel's properties as
specified in paragraph (f) of this section.
    (2) Calculate separately the grams/mile values for the cold
transient phase, stabilized phase and hot transient phase of the FTP
test. For vehicles with more than one source of propulsion energy, one
of which is a rechargeable energy storage system, or vehicles with
special features that the Administrator determines may have a
rechargeable energy source, whose charge can vary during the test,
calculate separately the grams/mile values for the cold transient
phase, stabilized phase, hot transient phase and hot stabilized phase
of the FTP test.
    (b) Calculate the HFET fuel economy.
    (1) Calculate the mass values for the highway fuel economy test for
HC, CO and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec.  86.144(b) of
this chapter. Measure and record the test fuel's properties as
specified in paragraph (f) of this section.
    (2) Calculate the grams/mile values for the highway fuel economy
test for HC, CO and CO2, and where applicable
CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O and
CH4 by dividing the mass values obtained in paragraph (b)(1)
of this section, by the actual distance traveled, measured in miles, as
specified in Sec.  86.135(h) of this chapter.
    (c) Calculate the cold temperature FTP fuel economy.
    (1) Calculate the weighted grams/mile values for the cold
temperature FTP test for HC, CO and CO2, and where
applicable, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O and
CH4 as specified in Sec.  86.144(b) of this chapter. For
2008 through 2010 diesel-fueled vehicles, HC measurement is optional.
    (2) Calculate separately the grams/mile values for the cold
transient phase, stabilized phase and hot transient phase of the cold
temperature FTP test in Sec.  86.244 of this chapter.
    (3) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
    (d) Calculate the US06 fuel economy.
    (1) Calculate the total grams/mile values for the US06 test for HC,
CO and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec.  86.144(b) of
this chapter.
    (2) Calculate separately the grams/mile values for HC, CO and
CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4, for both the US06 City phase and the
US06 Highway phase of the US06 test as specified in Sec.  86.164 of
this chapter. In lieu of directly measuring the emissions of the
separate city and highway phases of the US06 test according to the
provisions of Sec.  86.159 of this chapter, the manufacturer may, with
the advance approval of the Administrator and using good engineering
judgment, optionally analytically determine the grams/mile values for
the city and highway phases of the US06 test. To analytically determine
US06 City and US06 Highway phase emission results, the manufacturer
shall multiply the US06 total grams/mile values determined in paragraph
(d)(1) of this section by the estimated proportion of fuel use for the
city and highway phases relative to the total US06 fuel use. The
manufacturer may estimate the proportion of fuel use

for the US06 City and US06 Highway phases by using modal
CO2, HC, and CO emissions data, or by using appropriate OBD
data (e.g., fuel flow rate in grams of fuel per second), or another
method approved by the Administrator.
    (3) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
    (e) Calculate the SC03 fuel economy.
    (1) Calculate the grams/mile values for the SC03 test for HC, CO
and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec.  86.144(b) of
this chapter.
    (2) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
    (f) Fuel property determination and analysis.
    (1) Gasoline test fuel properties shall be determined by analysis
of a fuel sample taken from the fuel supply. A sample shall be taken
after each addition of fresh fuel to the fuel supply. Additionally, the
fuel shall be resampled once a month to account for any fuel property
changes during storage. Less frequent resampling may be permitted if
EPA concludes, on the basis of manufacturer-supplied data, that the
properties of test fuel in the manufacturer's storage facility will
remain stable for a period longer than one month. The fuel samples
shall be analyzed to determine the following fuel properties:
    (i) Specific gravity measured using ASTM D 1298-85 (Reapproved
1990) ``Standard Practice for Density, Relative Density (Specific
Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum
Products by Hydrometer Method'' (incorporated by reference at Sec.
600.011-93).
    (ii) Carbon weight fraction measured using ASTM D 3343-90
``Standard Test Method for Estimation of Hydrogen Content of Aviation
Fuels'' (incorporated by reference at Sec.  600.011-93).
    (iii) Net heating value (Btu/lb) determined using ASTM D 3338-92
``Standard Test Method for Estimation of Net Heat of Combustion of
Aviation Fuels'' (incorporated by reference at Sec.  600.011-93).
    (2) Methanol test fuel shall be analyzed to determine the following
fuel properties:
    (i) Specific gravity using either:
    (A) ASTM D 1298-85 (Reapproved 1990) ``Standard Practice for
Density, Relative Density (Specific Gravity), or API Gravity of Crude
Petroleum and Liquid Petroleum Products by Hydrometer Method''
(incorporated by reference at Sec.  600.011-93) for the blend, or:
    (B) ASTM D 1298-85 (Reapproved 1990) ``Standard Practice for
Density, Relative Density (Specific Gravity), or API Gravity of Crude
Petroleum and Liquid Petroleum Products by Hydrometer Method''
(incorporated by reference at Sec.  600.011-93) for the gasoline fuel
component and also for the methanol fuel component and combining as
follows:

SG = SGg x volume fraction gasoline + SGm x volume fraction methanol.

    (ii)(A) Carbon weight fraction using the following equation:

CWF = CWFg x MFg + 0.375 x MFm

Where:

CWFg = Carbon weight fraction of gasoline portion of blend measured
using ASTM D 3343-90 ``Standard Test Method for Estimation of
Hydrogen Content of Aviation Fuels'' (incorporated by reference at
Sec.  600.011-93).
MFg = Mass fraction gasoline = (G x SGg)/(G x SGg + M x SGm)
MFm = Mass fraction methanol = (M x SGm)/(G x SGg + M x SGm)

Where:

G = Volume fraction gasoline.
M = Volume fraction methanol.
SGg = Specific gravity of gasoline as measured using ASTM D 1298-85
(Reapproved 1990) ``Standard Practice for Density, Relative Density
(Specific Gravity), or API Gravity of Crude Petroleum and Liquid
Petroleum Products by Hydrometer Method'' (incorporated by reference
at Sec.  600.011-93).
SGm = Specific gravity of methanol as measured using ASTM D 1298-85
(Reapproved 1990) ``Standard Practice for Density, Relative Density
(Specific Gravity), or API Gravity of Crude Petroleum and Liquid
Petroleum Products by Hydrometer Method'' (incorporated by reference
at Sec.  600.011-93).

    (B) Upon the approval of the Administrator, other procedures to
measure the carbon weight fraction of the fuel blend may be used if the
manufacturer can show that the procedures are superior to or equally as
accurate as those specified in this paragraph (f)(2)(ii).
    (3) Natural gas test fuel shall be analyzed to determine the
following fuel properties:
    (i) Fuel composition measured using ASTM D 1945-91 ``Standard Test
Method for Analysis of Natural Gas By Gas Chromatography''
(incorporated by reference at Sec.  600.011-93).
    (ii) Specific gravity measured as based on fuel composition per
ASTM D 1945-91 ``Standard Test Method for Analysis of Natural Gas by
Gas Chromatography'' (incorporated by reference at Sec.  600.011-93).
    (iii) Carbon weight fraction, based on the carbon contained only in
the hydrocarbon constituents of the fuel. This equals the weight of
carbon in the hydrocarbon constituents divided by the total weight of
fuel.
    (iv) Carbon weight fraction of the fuel, which equals the total
weight of carbon in the fuel (i.e, includes carbon contained in
hydrocarbons and in CO2) divided by the total weight of
fuel.
    (4) Ethanol test fuel shall be analyzed to determine the following
fuel properties:
    (i) Specific gravity using either:
    (A) ASTM D 1298-85 (Reapproved 1990) ``Standard Practice for
Density, Relative Density (Specific Gravity), or API Gravity of Crude
Petroleum and Liquid Petroleum Products by Hydrometer Method''
(incorporated by reference at Sec.  600.011-93) for the blend. or:
    (B) ASTM D 1298-85 (Reapproved 1990) ``Standard Practice for
Density, Relative Density (Specific Gravity), or API Gravity of Crude
Petroleum and Liquid Petroleum Products by Hydrometer Method''
(incorporated by reference at Sec.  600.011-93) for the gasoline fuel
component and also for the methanol fuel component and combining as
follows.

SG = SGg x volume fraction gasoline + SGm x volume fraction ethanol.

    (ii)(A) Carbon weight fraction using the following equation:

CWF = CWFg x MFg + 0.521 x MFe

Where:

CWFg = Carbon weight fraction of gasoline portion of blend measured
using ASTM D 3343-90 ``Standard Test Method for Estimation of
Hydrogen Content of Aviation Fuels'' (incorporated by reference at
Sec.  600.011-93).
MFg = Mass fraction gasoline = (G x SGg)/(G x SGg + E x SGm)
MFe = Mass fraction ethanol = (E x SGm)/(G x SGg + E x SGm)

Where:

G = Volume fraction gasoline.
E = Volume fraction ethanol.
SGg = Specific gravity of gasoline as measured using ASTM D 1298-85
(Reapproved 1990) ``Standard Practice for Density, Relative Density
(Specific Gravity), or API Gravity of Crude Petroleum and Liquid
Petroleum Products by Hydrometer Method'' (incorporated by reference
at Sec.  600.011-93).
SGm = Specific gravity of ethanol as measured using ASTM D 1298-85
(Reapproved 1990) ``Standard Practice for Density, Relative Density
(Specific Gravity), or API Gravity of Crude Petroleum and Liquid
Petroleum Products by Hydrometer Method'' (incorporated by reference
at Sec.  600.011-93).

    (B) Upon the approval of the Administrator, other procedures to
measure the carbon weight fraction of the fuel blend may be used if the
manufacturer can show that the procedures are superior to or equally as
accurate as those specified in this paragraph (f)(2)(ii).
    (g) Calculate separate FTP, highway, US06, SC03 and Cold
temperature FTP fuel economy and carbon-related exhaust emissions from
the grams/mile values for total HC, CO, CO2 and, where
applicable, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O, and
CH4, and the test fuel's specific gravity, carbon weight
fraction, net heating value, and additionally for natural gas, the test
fuel's composition.
    (1) Emission values for fuel economy calculations. The emission
values (obtained per paragraph (a) through (e) of this section, as
applicable) used in the calculations of fuel economy in this section
shall be rounded in accordance with Sec. Sec.  86.094-26(a)(6)(iii) or
86.1837-01 of this chapter as applicable. The CO2 values
(obtained per this section, as applicable) used in each calculation of
fuel economy in this section shall be rounded to the nearest gram/mile.
    (2) Emission values for carbon-related exhaust emission
calculations.
    (i) If the emission values (obtained per paragraph (a) through (e)
of this section, as applicable) were obtained from testing with aged
exhaust emission control components as allowed under Sec.  86.1823-08
of this chapter, then these test values shall be used in the
calculations of carbon-related exhaust emissions in this section.
    (ii) If the emission values (obtained per paragraph (a) through (e)
of this section, as applicable) were not obtained from testing with
aged exhaust emission control components as allowed under Sec.
86.1823-08 of this chapter, then these test values shall be adjusted by
the appropriate deterioration factor determined according to Sec.
86.1823-08 of this chapter before being used in the calculations of
carbon-related exhaust emissions in this section. For vehicles within a
test group, the appropriate NMOG deterioration factor may be used in
lieu of the deterioration factors for CH3OH,
C2H5OH, and/or C2H4O
emissions.
    (iii) The emission values determined in paragraph (g)(2)(A) or (B)
of this section shall be rounded in accordance with Sec.  86.094-
26(a)(6)(iii) or Sec.  86.1837-01 of this chapter as applicable. The
CO2 values (obtained per this section, as applicable) used
in each calculation of carbon-related exhaust emissions in this section
shall be rounded to the nearest gram/mile.
    (iv) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec.  86.1818-
12(f)(2) of this chapter, N2O and CH4 emission
values for use in the calculation of carbon-related exhaust emissions
in this section shall be the values determined according to paragraph
(g)(2)(iv)(A), (B), or (C) of this section.
    (A) The FTP and HFET test values as determined for the emission
data vehicle according to the provisions of Sec.  86.1835-01 of this
chapter. These values shall apply to all vehicles tested under this
section that are included in the test group represented by the emission
data vehicle and shall be adjusted by the appropriate deterioration
factor determined according to Sec.  86.1823-08 of this chapter before
being used in the calculations of carbon-related exhaust emissions in
this section.
    (B) The FTP and HFET test values as determined according to testing
conducted under the provisions of this subpart. These values shall be
adjusted by the appropriate deterioration factor determined according
to Sec.  86.1823-08 of this chapter before being used in the
calculations of carbon-related exhaust emissions in this section.
    (C) For the 2012 through 2014 model years only, manufacturers may
use an assigned value of 0.010 g/mi for N2O FTP and HFET
test values. This value is not required to be adjusted by a
deterioration factor.
    (3) The specific gravity and the carbon weight fraction (obtained
per paragraph (f) of this section) shall be recorded using three places
to the right of the decimal point. The net heating value (obtained per
paragraph (f) of this section) shall be recorded to the nearest whole
Btu/lb.
    (4) For the purpose of determining the applicable in-use emission
standard under Sec.  86.1818-12(d) of this chapter, the combined city/
highway carbon-related exhaust emission value for a vehicle
subconfiguration is calculated by arithmetically averaging the FTP-
based city and HFET-based highway carbon-related exhaust emission
values, as determined in Sec.  600.113(a) and (b) of this section for
the subconfiguration, weighted 0.55 and 0.45 respectively, and rounded
to the nearest tenth of a gram per mile.
    (h)(1) For gasoline-fueled automobiles tested on test fuel
specified in Sec.  86.113-04(a) of this chapter, the fuel economy in
miles per gallon is to be calculated using the following equation and
rounded to the nearest 0.1 miles per gallon:

mpg = (5174 x 10\4\ x CWF x SG)/[((CWF x HC) + (0.429 x CO) + (0.273 x
CO2)) x ((0.6 x SG x NHV) + 5471)]

Where:

HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(g) of this section.
NHV = Net heating value by mass of test fuel as obtained in
paragraph (g) of this section.
SG = Specific gravity of test fuel as obtained in paragraph (g) of
this section.

    (2)(i) For 2012 and later model year gasoline-fueled automobiles
tested on test fuel specified in Sec.  86.113-04(a) of this chapter,
the carbon-related exhaust emissions in grams per mile is to be
calculated using the following equation and rounded to the nearest 1
gram per mile:

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

Where:

CREE means the carbon-related exhaust emissions as defined in Sec.
600.002-08.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(g) 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) of this chapter, the carbon-related exhaust emissions in grams
per mile for 2012 and later model year gasoline-fueled automobiles
tested on test fuel specified in Sec.  86.113-04(a) of this chapter is
to be calculated using the following equation and rounded to the
nearest 1 gram per mile:

CREE = [(CWF/0.273) x NMHC] + (1.571 x CO) + CO2 + (298 x
N2O) + (25 x CH4)

Where:

CREE means the carbon-related exhaust emissions as defined in Sec.
600.002-08.
NMHC = Grams/mile NMHC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g) of this section.
CH4 = Grams/mile CH4 as obtained in paragraph
(g) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(g) of this section.

    (i)(1) For diesel-fueled automobiles, calculate the fuel economy in
miles per gallon of diesel fuel by dividing 2778 by the sum of three
terms and rounding the quotient to the nearest 0.1 mile per gallon:
    (i)(A) 0.866 multiplied by HC (in grams/miles as obtained in
paragraph (g) of this section), or
    (B) Zero, in the case of cold FTP diesel tests for which HC was not
collected, as permitted in Sec.  600.113-08(c);
    (ii) 0.429 multiplied by CO (in grams/mile as obtained in paragraph
(g) of this section); and
    (iii) 0.273 multiplied by CO2 (in grams/mile as obtained
in paragraph (g) of this section).
    (2)(i) For 2012 and later model year diesel-fueled automobiles, the
carbon-related exhaust emissions in grams per mile is to be calculated
using the following equation and rounded to the nearest 1 gram per
mile:

CREE = (3.172 x HC) + (1.571 x CO) + CO2

Where:

CREE means the carbon-related exhaust emissions as defined in Sec.
600.002-08.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) 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) of this chapter, the carbon-related exhaust emissions in grams
per mile for 2012 and later model year diesel-fueled automobiles is to
be calculated using the following equation and rounded to the nearest 1
gram per mile:

CREE = (3.172 x NMHC) + (1.571 x CO) + CO2 + (298 x
N2O) + (25 x CH4)

Where:

CREE means the carbon-related exhaust emissions as defined in Sec.
600.002-08.
NMHC = Grams/mile NMHC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g) of this section.
CH4 = Grams/mile CH4 as obtained in paragraph
(g) of this section.

    (j)(1) For methanol-fueled automobiles and automobiles designed to
operate on mixtures of gasoline and methanol, the fuel economy in miles
per gallon is to be calculated using the following equation:

mpg = (CWF x SG x 3781.8)/((CWFexHC x HC) + (0.429 x CO) +
(0.273 x CO2) + (0.375 x CH3OH) + (0.400 x HCHO))

Where:

CWF = Carbon weight fraction of the fuel as determined in paragraph
(f)(2)(ii) of this section.
SG = Specific gravity of the fuel as determined in paragraph
(f)(2)(i) of this section.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWFg as determined in paragraph (f)(2)(ii) of this
section (for M100 fuel, CWFexHC = 0.866).
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph (g) of this
section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.

    (2)(i) For 2012 and later model year methanol-fueled automobiles
and automobiles designed to operate on mixtures of gasoline and
methanol, the carbon-related exhaust emissions in grams per mile is to
be calculated using the following equation and rounded to the nearest 1
gram per mile:

CREE = (CWFexHC/0.273 x HC) + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + CO2

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWFg as determined in (f)(2)(ii) of this section (for
M100 fuel, CWFexHC = 0.866).
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
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) of this chapter, the carbon-related exhaust emissions in grams
per mile for 2012 and later model year methanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and methanol is
to be calculated using the following equation and rounded to the
nearest 1 gram per mile:

CREE = [(CWFexHC/0.273) x NMHC] + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + CO2 + (298 x
N2O) + (25 x CH4)

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWFg as determined in (f)(2)(ii) of this section (for
M100 fuel, CWFexHC = 0.866).
NMHC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph (g) of this
section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g) of this section.
CH4 = Grams/mile CH4 as obtained in paragraph
(g) of this section.

    (k)(1) For automobiles fueled with natural gas, the fuel economy in
miles per gallon of natural gas is to be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR07MY10.051

Where:

mpge = miles per equivalent gallon of natural gas.
CWFHC/NG = carbon weight fraction based on the
hydrocarbon constituents in the natural gas fuel as obtained in
paragraph (g) of this section.
DNG = density of the natural gas fuel [grams/ft\3\ at 68
[deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa)] pressure as obtained
in paragraph (g) of this section.
CH4, NMHC, CO, and CO2 = weighted mass exhaust
emissions [grams/mile] for methane, non-methane HC, carbon monoxide,
and carbon dioxide as calculated in Sec.  600.113.
CWFNMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section.

CO2NG = grams of carbon dioxide in the natural gas fuel
consumed per mile of travel.

CO2NG = FCNG x DNG x WFCO2

Where:
[GRAPHIC] [TIFF OMITTED] TR07MY10.052

= cubic feet of natural gas fuel consumed per mile

Where:

CWFNG = the carbon weight fraction of the natural gas
fuel as calculated in paragraph (f) of this section.
WFCO2 = weight fraction carbon dioxide of the natural gas
fuel calculated using the mole fractions and molecular weights of
the natural gas fuel constituents per ASTM D 1945-91 ``Standard Test
Method for Analysis of Natural Gas by Gas Chromatography''
(incorporated by reference at Sec.  600.011-93).

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

CREE = 2.743 x CH4 + CWFNMHC/0.273 x NMHC + 1.571
x CO + CO2

Where:
CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CH4 = Grams/mile CH4 as obtained in paragraph
(g) of this section.
NMHC = Grams/mile NMHC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
CWFNMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) 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) of this chapter, the carbon-related exhaust emissions in grams
per mile for 2012 and later model year automobiles fueled with natural
gas is to be calculated using the following equation and rounded to the
nearest 1 gram per mile:

CREE = (25 x CH4) + [(CWFNMHC/0.273) x NMHC] +
(1.571 x CO) + CO2 + (298 x N2O)

Where:
CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CH4 = Grams/mile CH4 as obtained in paragraph
(g) of this section.
NMHC = Grams/mile NMHC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
CWFNMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g) of this section.

    (l)(1) For ethanol-fueled automobiles and automobiles designed to
operate on mixtures of gasoline and ethanol, the fuel economy in miles
per gallon is to be calculated using the following equation:

mpg = (CWF x SG x 3781.8)/((CWFexHC x HC) + (0.429 x CO) +
(0.273 x CO2) + (0.375 x CH3OH) + (0.400 x HCHO)
+ (0.521 x C2H5OH) + (0.545 x
C2H4O))

Where:

CWF = Carbon weight fraction of the fuel as determined in paragraph
(f)(4) of this section.
SG = Specific gravity of the fuel as determined in paragraph (f)(4)
of this section.
CWFexHC= Carbon weight fraction of exhaust hydrocarbons =
CWFg as determined in (f)(4) of this section.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.
C2H5OH = Grams/mile
C2H5OH (ethanol) as obtained in paragraph (d)
of this section.
C2H4O = Grams/mile C2H4O
(acetaldehyde) as obtained in paragraph (d) of this section.

    (2)(i) For 2012 and later model year ethanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and ethanol,
the carbon-related exhaust emissions in grams per mile is to be
calculated using the following equation and rounded to the nearest 1
gram per mile:

CREE = (CWFexHC/0.273 x HC) + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + (1.911 x
C2H5OH) + (1.998 x C2H4O) +
CO2

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWFg as determined in (f)(4) of this section.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph (g) of this
section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.
C2H5OH = Grams/mile
C2H5OH (ethanol) as obtained in paragraph (d)
of this section.

C2H4O = Grams/mile C2H4O
(acetaldehyde) as obtained in paragraph (d) 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) of this chapter, the carbon-related exhaust emissions in grams
per mile for 2012 and later model year ethanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and ethanol is
to be calculated using the following equation and rounded to the
nearest 1 gram per mile:

CREE = [(CWFexHC/0.273) x NMHC] + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + (1.911 x
C2H5OH) + (1.998 x C2H4O) +
CO2 + (298 x N2O) + (25 x CH4)

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWFg as determined in paragraph (f)(4) of this section.
NMHC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph (g) of this
section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.
C2H5OH = Grams/mile
C2H5OH (ethanol) as obtained in paragraph (d)
of this section.
C2H4O = Grams/mile C2H4O
(acetaldehyde) as obtained in paragraph (d) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g) of this section.

CH4 = Grams/mile CH4 as obtained in paragraph
(g) of this section.

    (m) Carbon-related exhaust emissions for electric vehicles, fuel
cell vehicles and plug-in hybrid electric vehicles. Manufacturers shall
determine carbon-related exhaust emissions for electric vehicles, fuel
cell vehicles, and plug-in hybrid electric vehicles according to the
provisions of this paragraph (m). Subject to the limitations described
in Sec.  86.1866-12(a) of this chapter, the manufacturer may be allowed
to use a value of 0 grams/mile to represent the emissions of fuel cell
vehicles and the proportion of electric operation of electric vehicles
and plug-in hybrid electric vehicles that is derived from electricity
that is generated from sources that are not onboard the vehicle, as
described in paragraphs (m)(1) through (3) of this section.
    (1) For 2012 and later model year electric vehicles, but not
including fuel cell vehicles, the carbon-related exhaust emissions in
grams per mile is to be calculated using the following equation and
rounded to the nearest one gram per mile:

CREE = CREEUP-CREEGAS

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08, which may be set equal to zero for eligible 2012
through 2016 model year electric vehicles as described in Sec.
86.1866-12(a) of this chapter.

CREEUP = 0.7670 x EC, and
CREEGAS = 0.2485 x TargetCO2,

Where:

EC = The vehicle energy consumption in watt-hours per mile,
determined according to procedures established by the Administrator
under Sec.  600.111-08(f).
TargetCO2 = The CO2 Target Value determined
according to Sec.  86.1818-12(c)(2) of this chapter for passenger
automobiles and according to Sec.  86.1818-12(c)(3) of this chapter
for light trucks.

    (2) For 2012 and later model year plug-in hybrid electric vehicles,
the carbon-related exhaust emissions in grams per mile is to be
calculated using the following equation and rounded to the nearest one
gram per mile:

CREE = CREECD + CREECS,

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CREECS = The carbon-related exhaust emissions determined
for charge-sustaining operation according to procedures established
by the Administrator under Sec.  600.111-08(f); and
CREECD = (ECF x CREECDEC) + [(1 - ECF) x
CREECDGAS]
Where:

CREECD = The carbon-related exhaust emissions determined
for charge-depleting operation determined according to the
provisions of this section for the applicable fuel and according to
procedures established by the Administrator under Sec.  600.111-
08(f);
CREECDEC = The carbon-related exhaust emissions
determined for electricity consumption during charge-depleting
operation, which shall be determined using the method specified in
paragraph (m)(1) of this section and according to procedures
established by the Administrator under Sec.  600.111-08(f), and
which may be set equal to zero for eligible 2012 through 2016 model
year vehicles as described in Sec.  86.1866-12(a) of this chapter;
CREECDGAS = The carbon-related exhaust emissions
determined for charge-depleting operation determined according to
the provisions of this section for the applicable fuel and according
to procedures established by the Administrator under Sec.  600.111-
08(f); and
ECF = Electricity consumption factor as determined by the
Administrator under Sec.  600.111-08(f).

    (3) For 2012 and later model year fuel cell vehicles, the carbon-
related exhaust emissions in grams per mile shall be calculated using
the method specified in paragraph (m)(1) of this section, except that
CREEUP shall be determined according to procedures
established by the Administrator under Sec.  600.111-08(f). As
described in Sec.  86.1866-12(a) of this chapter the value of CREE may
be set equal to zero for eligible 2012 through 2016 model year fuel
cell vehicles.
    (n) Equations for fuels other than those specified in paragraphs
(h) through (l) of this section may be used with advance EPA approval.
Alternate calculation methods for fuel economy and carbon-related
exhaust emissions may be used in lieu of the methods described in this
section if shown to yield equivalent or superior results and if
approved in advance by the Administrator.

0
44. Section 600.114-08 is amended as follows:
0
a. By revising the section heading.
0
b. By revising the introductory text.
0
c. By adding paragraphs (d) through (f).

Sec.  600.114-08  Vehicle-specific 5-cycle fuel economy and carbon-
related exhaust emission calculations.

    Paragraphs (a) through (c) of this section apply to data used for
fuel economy labeling under Subpart D of this part. Paragraphs (d)
through (f) of this section are used to calculate 5-cycle carbon-
related exhaust emissions values for the purpose of determining
optional technology-based CO2 emissions credits under the
provisions of paragraph (d) of Sec.  86.1866-12 of this chapter.
* * * * *
    (d) City carbon-related exhaust emission value. For each vehicle
tested, determine the 5-cycle city carbon-related exhaust emissions
using the following equation:

(1) CityCREE = 0.905 x (StartCREE + RunningCREE)

Where:

(i) StartCREE =
[GRAPHIC] [TIFF OMITTED] TR07MY10.053

Where:

StartCREEX = 3.6 x (Bag1CREEX -
Bag3CREEX)

Where: