(b) Highway fuel economy testing procedures. (1) The Highway Fuel
Economy Dynamometer Procedure (HFET) consists of preconditioning
highway driving sequence and a measured highway driving sequence.
    (2) The HFET is designated to simulate non-metropolitan driving
with an average speed of 48.6 mph and a maximum speed of 60 mph. The
cycle is 10.2 miles long with 0.2 stop per mile and consists of warmed-
up vehicle operation on a chassis dynamometer through a specified
driving cycle. A proportional part of the diluted exhaust emission is
collected continuously for subsequent analysis of hydrocarbons, carbon
monoxide, carbon dioxide using a constant volume (variable dilution)
sampler. Diesel dilute exhaust is continuously analyzed for
hydrocarbons using a heated sample line and analyzer. Methanol and
formaldehyde samples are collected and individually analyzed for
methanol-fueled vehicles (measurement of methanol and formaldehyde may
be omitted for 1993 through 1994 model year methanol-fueled vehicles
provided a HFID calibrated on methanol is used for measuring HC plus
methanol).
    (3) Except in cases of component malfunction or failure, all
emission control systems installed on or incorporated in a new motor
vehicle must be functioning during all procedures in this subpart. The
Administrator may authorize maintenance to correct component
malfunction or failure.
    (4) Transmission. The provisions of Sec.  86.128 of this chapter
apply for vehicle transmission operation during highway fuel economy
testing under this subpart.
    (5) Road load power and test weight determination. Sec.  86.129 of
this chapter applies for determination of road load power and test
weight for highway fuel economy testing. The test weight for the
testing of a certification vehicle will be that test weight specified
by the Administrator under the provisions of part 86 of this chapter.
The test weight for a fuel economy data vehicle will be that test
weight specified by the Administrator from the test weights covered by
that vehicle configuration. The Administrator will base his selection
of a test weight on the relative projected sales volumes of the various
test weights within the vehicle configuration.
    (6) Vehicle preconditioning. The HFET is designed to be performed
immediately following the Federal Emission Test Procedure, Sec. Sec.
86.127 through 86.138 of this chapter. When conditions allow, the tests
should be scheduled in this sequence. In the event the tests cannot be
scheduled within three hours of the Federal Emission Test Procedure
(including one hour hot soak evaporative loss test, if applicable) the
vehicle should be preconditioned as in paragraph (b)(6) (i) or (ii) of
this section, as applicable.
    (i) If the vehicle has experienced more than three hours of soak
(68 [deg]F-86 [deg]F) since the completion of the Federal Emission Test
Procedure, or has experienced periods of storage outdoors, or in
environments where soak temperature is not controlled to 68 [deg]F-86
[deg]F, the vehicle must be preconditioned by operation on a
dynamometer through one cycle of the EPA Urban Dynamometer Driving
Schedule, Sec.  86.115 of this chapter.
    (ii) In unusual circumstances where additional preconditioning is
desired by the manufacturer, the provisions of Sec.  86.132(a)(3) of
this chapter apply.
    (7) Highway fuel economy dynamometer procedure. (i) The dynamometer
procedure consists of two cycles of the Highway Fuel Economy Driving
Schedule (Sec.  600.109(b)) separated by 15 seconds of idle. The first
cycle of the Highway Fuel Economy Driving Schedule is driven to
precondition the test vehicle and the second is driven for the fuel
economy measurement.
    (ii) The provisions of Sec.  86.135 (b), (c), (e), (f), (g), (h)
and (i) Dynamometer procedure of this chapter, apply for highway fuel
economy testing.
    (iii) Only one exhaust sample and one background sample are
collected and analyzed for hydrocarbons (except diesel hydrocarbons
which are analyzed continuously), carbon monoxide, and carbon dioxide.
Methanol and formaldehyde samples (exhaust and dilution air) are
collected and analyzed for methanol-fueled vehicles (measurement of
methanol and formaldehyde may be omitted for 1993 through 1994 model
year methanol-fueled vehicles provided a HFID calibrated on methanol is
used for measuring HC plus methanol).
    (iv) The fuel economy measurement cycle of the test includes two
seconds of idle indexed at the beginning of the second cycle and two
seconds of idle indexed at the end of the second cycle.
    (8) Engine starting and restarting. (i) If the engine is not
running at the initiation of the highway fuel economy test
(preconditioning cycle), the start-up procedure must be according to
the manufacturer's recommended procedures.
    (ii) False starts and stalls during the preconditioning cycle must
be treated as in Sec.  86.136(d) and (e). If the vehicle stalls during
the measurement cycle of the highway fuel economy test, the test is
voided, corrective action may be taken according to Sec.  86.1834-01 as
applicable, and the vehicle may be rescheduled for test. The person
taking the corrective action shall report the action so that the test
records for the vehicle contain a record of the action.
    (9) Dynamometer test run. The following steps must be taken for
each test:
    (i) Place the drive wheels of the vehicle on the dynamometer. The
vehicle may be driven onto the dynamometer.
    (ii) Open the vehicle engine compartment cover and position the
cooling fan(s) required. Manufacturers may request the use of
additional cooling fans for additional engine compartment or under-
vehicle cooling and for controlling high tire or brake temperatures
during dynamometer operation.
    (iii) Preparation of the CVS must be performed before the
measurement highway driving cycle.
    (iv) Equipment preparation. The provisions of Sec.  86.137(b)(3)
through (6) of this chapter apply for highway fuel economy test except
that only one exhaust sample collection bag and one dilution air sample
collection bag need be connected to the sample collection systems.
    (v) Operate the vehicle over one Highway Fuel Economy Driving
Schedule cycle according to the dynamometer driving schedule specified
in Sec.  600.109(b).
    (vi) When the vehicle reaches zero speed at the end of the
preconditioning cycle, the driver has 17 seconds to prepare for the
emission measurement cycle of the test.
    (vii) Operate the vehicle over one Highway Fuel Economy Driving
Schedule cycle according to the dynamometer driving schedule specified
in Sec.  600.109(b) while sampling the exhaust gas.
    (viii) Sampling must begin two seconds before beginning the first
acceleration of the fuel economy measurement cycle and must end two
seconds after the end of the deceleration to zero. At the end of the
deceleration to zero speed, the roll or shaft revolutions must be
recorded.
    (10) For alcohol-based dual fuel automobiles, the procedures of
Sec.  600.111(a) and (b) shall be performed for each of the fuels on
which the vehicle is designed to operate.

    (c) US06 Testing procedures. The test procedures to be followed for
conducting the US06 test are those prescribed in Sec.  86.159 of this
chapter, as applicable.
    (d) SC03 testing procedures. The test procedures to be followed for
conducting the SC03 test are prescribed in Sec. Sec.  86.160 through
161 of this chapter, as applicable.
    (e) Cold temperature FTP procedures. The test procedures to be
followed for conducting the cold temperature FTP test are generally
prescribed in subpart C of part 86 of this chapter, as applicable. For
the purpose of fuel economy labeling, diesel vehicles are subject to
cold temperature FTP testing, but are not required to measure
particulate matter, as described in Sec.  86.210-08 of this chapter.

0
29. A new Sec.  600.112-08 is added to read as follows:

Sec.  600.112-08  Exhaust sample analysis.

    The exhaust sample analysis must be performed according to Sec.
86.140, or Sec.  86.240 of this chapter, as applicable.

0
30. A new Sec.  600.113-08 is added to read as follows:

Sec.  600.113-08  Fuel economy 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 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 natural gas-fueled vehicles non-methane
hydrocarbons (NMHC) and methane (CH4) 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 values shall be calculated as specified in this section.
An example 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
HC, CO and CO2; and, additionally for methanol-fueled
automobiles, CH3OH and HCHO; and additionally for natural
gas-fueled automobiles NMHC and CH4 as specified in Sec.
86.144 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, HCHO,
NMHC 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, HCHO, NMHC 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, additionally
for methanol-fueled automobiles, CH3OH and HCHO; and
additionally for natural gas-fueled automobiles NMHC and CH4
as specified in Sec.  86.244 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, HCHO,
NMHC and CH4, as specified in Sec.  86.164 of this chapter.
    (2) Calculate separately the grams/mile values for HC, CO and
CO2; and where applicable CH3OH, HCHO, NMHC 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 HC, CO, and CO2 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 grams/mile values for the SC03 test for HC, CO
and CO2; and additionally for methanol-fueled automobiles,
CH3OH and HCHO; and additionally for natural gas-fueled
automobiles NMHC and CH4 as specified in Sec.  86.144 of
this chapter. Measure and record the test fuel's properties as
specified in paragraph (f) of this section.
    (f)(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 per 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''. This 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 obtained from the American Society for
Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959. Copies may be inspected at U.S. EPA
Headquarters Library, EPA West

Building, Constitution Avenue and 14th Street, NW., Room 3340,
Washington, DC, 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
.

    (ii) Carbon weight fraction per ASTM D 3343-90 ``Standard Test
Method for Estimation of Hydrogen Content of Aviation Fuels.'' This
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 obtained from the American Society for Testing and Materials,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
Copies may be inspected at U.S. EPA Headquarters Library, EPA West
Building, Constitution Avenue and 14th Street, NW., Room 3340,
Washington, DC, 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
.

    (iii) Net heating value (Btu/lb) per ASTM D 3338-92 ``Standard Test
Method for Estimation of Net Heat of Combustion of Aviation Fuels.''
This 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 obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959. Copies may be inspected at U.S. EPA Headquarters Library,
EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340,
Washington, DC, 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
.

    (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'' for the
blend. This 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 obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959. Copies may be inspected at U.S. EPA Headquarters Library,
EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340,
Washington, DC, 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/[fxsp0]federal--

register/[fxsp0]code--of--federal--regulations/[fxsp0]ibr--
locations.html 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'' for the
gasoline fuel component and also for the methanol fuel component and
combining as follows. This 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 obtained from the American Society for
Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959. Copies may be inspected at U.S. EPA
Headquarters Library, EPA West Building, Constitution Avenue and 14th
Street, NW., Room 3340, Washington, DC, 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/
[fxsp0]federal--register/code--[fxsp0]of--federal--

regulations/[fxsp0]ibr--locations.html.
    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 per ASTM D 3343-90 ``Standard Test Method for Estimation of
Hydrogen Content of Aviation Fuels.'' This 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
obtained from the American Society for Testing and Materials, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
Copies may be inspected at U.S. EPA Headquarters Library, EPA West
Building, Constitution Avenue and 14th Street, NW., Room 3340,
Washington, DC, 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/
[fxsp0]federal--register/code--[fxsp0]of--federal--

regulations/[fxsp0]ibr--locations.html.

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 by 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.'' This 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
obtained from the American Society for Testing and Materials, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
Copies may be inspected at U.S. EPA Headquarters Library, EPA West
Building, Constitution Avenue and 14th Street, NW, Room 3340,
Washington DC, 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
.

SGm=Specific gravity of methanol as measured by 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.'' This 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
obtained from the American Society for Testing and Materials, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
Copies may be inspected at U.S. EPA Headquarters Library, EPA West
Building, Constitution Avenue and 14th Street, NW, Room 3340,
Washington DC, 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/
[fxsp0]federal--register/code--[fxsp0]of--federal--

regulations/[fxsp0]ibr--locations.html.

    (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).

    (iii) Net heating value (BTU/lb) per ASTM D 240-92 ``Standard Test
Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb
Calorimeter.'' This 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 obtained from the American Society for
Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959. Copies may be inspected at U.S. EPA
Headquarters Library, EPA West Building, Constitution Avenue and 14th
Street, NW, Room 3340, Washington DC, 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/
[fxsp0]federal--register/code--[fxsp0]of--federal--

regulations/[fxsp0]ibr--locations.html.
    (3) Natural gas test fuel shall be analyzed to determine the
following fuel properties:
    (i) Fuel composition per ASTM D 1945-91 ``Standard Test Method for
Analysis of Natural Gas By Gas Chromatography.'' This 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
obtained from the American Society for Testing and Materials, 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. Copies
may be inspected at U.S. EPA Headquarters Library, EPA West Building,
Constitution Avenue and 14th Street, NW., Room 3340, Washington DC, or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/[fxsp0]federal--register/code--

[fxsp0]of--federal--regulations/[fxsp0]ibr--locations.html.
    (ii) Specific gravity (based on fuel composition per ASTM D 1945-91
``Standard Test Method for Analysis of Natural Gas by Gas
Chromatography.'') This 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 obtained from the American Society for
Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959. Copies may be inspected at U.S. EPA
Headquarters Library, EPA West Building, Constitution Avenue and 14th
Street, NW., Room 3340, Washington DC, 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/
[fxsp0]federal--register/code--[fxsp0]of--federal--

regulations/[fxsp0]ibr--locations.html.
    (iii) Carbon weight fraction based on the carbon contained only in
the HC constituents of the fuel=weight of carbon in HC constituents
divided by the total weight of fuel.
    (iv) Carbon weight fraction of fuel=total weight of carbon in the
fuel (i.e., includes carbon contained in HC and in CO2)
divided by total weight of fuel.
    (g) Calculate separate FTP, highway, US06, SC03 and Cold
temperature FTP fuel economy from the grams/mile values for total HC,
CO, CO2 and, where applicable, CH3OH, HCHO, NMHC
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. The emission values (obtained per paragraph (a)
through (e) of this section, as applicable) used in each calculation 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 this section shall be rounded to the nearest
gram/mile. 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.
    (h)(1) For gasoline-fueled automobiles tested on test fuel
specified in Sec.  86.113-04(a), the fuel economy in miles per gallon
is to be calculated using the following equation:

mpg = (5174 x 10 \4\ x C 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) Round the calculated result to the nearest 0.1 miles per
gallon.
    (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:
    (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) Round the quotient to the nearest 0.1 mile per gallon.
    (j) 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 (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.

    (k) 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] TR27DE06.035

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/ft3 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 DNG WFCO2
Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.036

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.'' This
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 obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959. Copies may be inspected at U.S. EPA Headquarters
Library, EPA West Building, Constitution Avenue and 14th Street,
NW., Room 3340, Washington, DC, 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/
[fxsp0]federal--register/code--[fxsp0]of--federal--

regulations/[fxsp0]ibr--locations.html.

    (l) Equations for fuels other than those specified in paragraphs
(h) through (k) of this section may be used with advance EPA approval.

0
31. A new Sec.  600.114-08 is added to read as follows:

Sec.  600.114-08  Vehicle-specific 5-cycle fuel economy calculations.

    This section applies to data used for fuel economy labeling under
Subpart D of this part.
    (a) City fuel economy. For each vehicle tested under Sec.  600.010-
08(c)(i) and (ii), determine the 5-cycle city fuel economy using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR27DE06.037

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.038

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.039

Where:

Bag Y FEx = the fuel economy in miles per gallon of fuel
during the specified bag of the FTP test conducted at an ambient
temperature of 75 [deg]F or 20 [deg]F,

and,
[GRAPHIC] [TIFF OMITTED] TR27DE06.040

Where:

US06 City FE = fuel economy in miles per gallon over the ``city''
portion of the US06 test,
HFET FE = fuel economy in miles per gallon over the HFET test,
SC03 FE = fuel economy in miles per gallon over the SC03 test.
    (b) Highway fuel economy. (1) For each vehicle tested under
Sec. Sec.  600.010-08(a) and (c)(1)(ii)(B), determine the 5-

cycle highway fuel economy using the following equation:
[GRAPHIC] [TIFF OMITTED] TR27DE06.041

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.042

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.043

and,
[GRAPHIC] [TIFF OMITTED] TR27DE06.044

Where:

US06 Highway FE = fuel economy in mile per gallon over the highway
portion of the US06 test,
HFET FE = fuel economy in mile per gallon over the HFET test,
SC03 FE = fuel economy in mile per gallon over the SC03 test.

    (2) If the condition specified in Sec.  600.115-08(b)(2)(iii)(B) is
met, in lieu of using the calculation in paragraph (b)(1) of this
section, the manufacturer may optionally determine the highway fuel
economy using the following modified 5-cycle equation which utilizes
data from FTP, HFET, and US06 tests, and applies mathematic adjustments
for Cold FTP and SC03 conditions:
    (i) Perform a US06 test in addition to the FTP and HFET tests.
    (ii) Determine the 5-cycle highway fuel economy according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR27DE06.045

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.046

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.047

Bag y FE75 = the fuel economy in miles per gallon of fuel
during the specified bag of the FTP test conducted at an ambient
temperature of 75 [deg]F.

[GRAPHIC] [TIFF OMITTED] TR27DE06.048

Where:

US06 Highway FE = fuel economy in miles per gallon over the highway
portion of the US06 test.
HFET FE = fuel economy in miles per gallon over the HFET test.
US06 FE = fuel economy in miles per gallon over the entire US06
test.

    (c) Fuel economy calculations for hybrid electric vehicles. Under
the requirements of Sec.  86.1811-04(n), hybrid electric vehicles are
subject to California test methods which require FTP emission sampling
for the 75 [deg]F FTP test over four phases (bags) of the UDDS (cold-
start, transient, warm-start, transient). Optionally, these four phases
may be combined into two phases (phases 1 + 2 and phases 3 + 4).
Calculations for these sampling methods follow.
    (1) Four-bag FTP equations. If the 4-bag sampling method is used,
manufacturers may use the equations in paragraphs (a) and (b) of this
section to determine city and highway fuel economy estimates. If this
method is chosen, it must be used to determine both city and highway
fuel economy. Optionally, the following calculations may be used,
provided that they are used to determine both city and highway fuel
economy:
    (i) City fuel economy.
    [GRAPHIC] [TIFF OMITTED] TR27DE06.049

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.050

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.051

and
[GRAPHIC] [TIFF OMITTED] TR27DE06.052

    (B) Running FC (gallons per mile) =
    [GRAPHIC] [TIFF OMITTED] TR27DE06.053

Where:

US06 Highway FE = fuel economy in miles per gallon over the city
portion of the US06 test.
US06 Highway FE = fuel economy in miles per gallon over the Highway
portion of the US06 test.
HFET FE = fuel economy in miles per gallon over the HFET test.
SC03 FE = fuel economy in miles per gallon over the SC03 test.

    (ii) Highway fuel economy.
    [GRAPHIC] [TIFF OMITTED] TR27DE06.054

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.055

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.056

[GRAPHIC] [TIFF OMITTED] TR27DE06.057

[GRAPHIC] [TIFF OMITTED] TR27DE06.058

Where:
US06 Highway FE = fuel economy in miles per gallon over the Highway
portion of the US06 test,
HFET FE = fuel economy in miles per gallon over the HFET test,
SC03 FE = fuel economy in miles per gallon over the SC03 test.

    (2) Two-bag FTP equations. If the 2-bag sampling method is used for
the 75 [deg]F FTP test, it must be used to determine both city and
highway fuel economy. The following calculations must be used to
determine both city and highway fuel economy:
    (i) City fuel economy.
    [GRAPHIC] [TIFF OMITTED] TR27DE06.059

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.060

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.061

[GRAPHIC] [TIFF OMITTED] TR27DE06.062

Where:
Bag y FE20 = the fuel economy in miles per gallon of fuel
during Bag 1 or Bag 3 of the 20 [deg]F FTP test.
Bag x/y FEx = fuel economy in miles per gallon of fuel
during combined phases 1 and 2 or phases 3 and 4 of the FTP test
conducted at an ambient temperature of 75 [deg]F.

[GRAPHIC] [TIFF OMITTED] TR27DE06.063

Where:
US06 City FE = fuel economy in miles per gallon over the city
portion of the US06 test,
SC03 FE = fuel economy in miles per gallon over the SC03 test.
Bag x/y FEx = fuel economy in miles per gallon of fuel
during combined phases 1 and 2 or phases 3 and 4 of the FTP test
conducted at an ambient temperature of 75 [deg]F.
    (ii) Highway fuel economy.
    [GRAPHIC] [TIFF OMITTED] TR27DE06.064

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.065

Where:
[GRAPHIC] [TIFF OMITTED] TR27DE06.066

and
[GRAPHIC] [TIFF OMITTED] TR27DE06.067

and
[GRAPHIC] [TIFF OMITTED] TR27DE06.068

Where:
US06 Highway FE = fuel economy in miles per gallon over the city
portion of the US06 test,
SC03 FE = fuel economy in miles per gallon over the SC03 test.
Bag y FE20 = the fuel economy in miles per gallon of fuel
during Bag 1 or Bag 3 of the 20 [deg]F FTP test.
Bag x/y FEx = fuel economy in miles per gallon of fuel
during phases 1 and 2 or phases 3 and 4 of the FTP test conducted at
an ambient temperature of 75[deg]F.

    (3) For hybrid electric vehicles using the modified 5-cycle highway
calculation in paragraph (b)(2) of this section, the equation in
paragraph (b)(2)(ii)(A) of this section, applies except that the
equation for Start Fuel75 will be replaced with one of the
following:
    (i) The equation for Start Fuel75 for hybrids tested
according to the 4-bag FTP is:
[GRAPHIC] [TIFF OMITTED] TR27DE06.069

    (ii) The equation for Start Fuel75 for hybrids tested
according to the 2-bag FTP is:

[GRAPHIC] [TIFF OMITTED] TR27DE06.070

    32. A new Sec.  600.115-is added to read as follows:

Sec.  600.115-08  Criteria for determining the fuel economy label
calculation method for 2011 and later model year vehicles.

    This section provides the criteria to determine if the derived 5-
cycle method for determining fuel economy label values, as specified in
Sec.  600.210-08 (a)(2) or (b)(2), as applicable, may be used to
determine label values for 2011 and later model year vehicles. Separate
criteria apply to city and highway fuel economy for each test group.
The provisions of this section are optional. If this option is not
chosen, or if the criteria provided in this section are not met, fuel
economy label values for 2011 and later model year vehicles must be
determined according to the vehicle-specific 5-cycle method specified
in Sec.  600.210-08(a)(1) or (b)(1), as applicable.
    (a) City fuel economy criterion. (1) For each test group certified
for emission compliance under Sec.  86.1848-01 of this chapter, the
FTP, HFET, US06, SC03 and Cold FTP tests determined to be official
under Sec.  86.1835-01 of this chapter are used to calculate the
vehicle-specific 5-cycle city fuel economy which is then compared to
the derived 5-cycle city fuel economy, as follows:
    (i) The vehicle-specific 5-cycle city fuel economy from the
official FTP, HFET, US06, SC03 and Cold FTP tests for the test group is
determined according to the provisions of Sec.  600.114-08(a) and
rounded to the nearest one tenth of a mile per gallon.
    (ii) Using the same FTP data as used in paragraph (a)(i) of this
section, the corresponding derived 5-cycle city fuel economy is
calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR27DE06.071

Where:

City Intercept = Intercept determined by the Administrator. See
Sec.  600.210-08(a)(2)(iii).
City Slope = Slope determined by the Administrator. See Sec.
600.210-08(a)(2)(iii.)
FTP FE = the FTP-based city fuel economy from the official test used
forcertification compliance, determined under Sec.  600.113-08(a),
rounded to the nearest tenth.

    (2) The derived 5-cycle fuel economy value determined in paragraph
(a)(1)(ii) of this section is multiplied by 0.96 and rounded to the
nearest one tenth of a mile per gallon.
    (3) If the vehicle-specific 5-cycle city fuel economy determined in
paragraph (a)(1)(i) of this section is greater than or equal to the
value determined in paragraph (a)(2) of this section, then the
manufacturer may base the city fuel economy estimates for the model
types covered by the test group on the derived 5-cycle method specified
in Sec.  600.210-08(a)(2) or (b)(2), as applicable.
    (b) Highway fuel economy criterion. The determination for highway
fuel economy depends upon the outcome of the determination for city
fuel economy in paragraph (a)(3) of this section for each test group.
    (1) If the city determination for a test group made in paragraph
(a)(3) of this section does not allow the use of the derived 5-cycle
method, then the highway fuel economy values for all model types
represented by the test group are likewise not allowed to be determined
using the derived 5-cycle method, and must be determined according to
the vehicle-specific 5-cycle method specified in Sec.  600.210-08(a)(1)
or (b)(1), as applicable.
    (2) If the city determination made in paragraph (a)(3) of this
section allows the use of the derived 5-cycle method, a separate
determination is made for the highway fuel economy labeling method as
follows:
    (i) For each test group certified for emission compliance under
Sec.  86.1848-01 of this chapter, the FTP, HFET, US06, SC03 and Cold
FTP tests determined to be official under Sec.  86.1835-01 of this
chapter are used to calculate the vehicle-specific 5-cycle highway fuel
economy, which is then compared to the derived 5-cycle highway fuel
economy, as follows:
    (A) The vehicle-specific 5-cycle highway fuel economy from the
official FTP, HFET, US06, SC03 and Cold FTP tests for the test group is
determined according to the provisions of Sec.  600.114-08(b)(1) and
rounded to the nearest one tenth of a mile per gallon.
    (B) Using the same HFET data as used in paragraph (b)(2)(i)(A) of
this section, the corresponding derived 5-cycle highway fuel economy is
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR27DE06.072

Where:

Highway Intercept = Intercept determined by the Administrator. See
Sec.  600.210-08(a)(2)(iii).
Highway Slope = Slope determined by the Administrator. See Sec.
600.210-08(a)(2)(iii).
HFET FE = the HFET-based highway fuel economy determined under Sec.
600.113-08(b), rounded to the nearest tenth.

    (ii) The derived 5-cycle highway fuel economy calculated in
paragraph (b)(2)(i)(B) of this section is multiplied by 0.95 and
rounded to the nearest one tenth of a mile per gallon.

    (iii) (A) If the vehicle-specific 5-cycle highway fuel economy of
the vehicle tested in paragraph (b)(2)(i)(A) of this section is greater
than or equal to the value determined in paragraph (b)(2)(ii) of this
section, then the manufacturer may base the highway fuel economy
estimates for the model types covered by the test group on the derived
5-cycle method specified in Sec.  600.210-08(a)(2) or (b)(2), as
applicable.
    (B) If the vehicle-specific 5-cycle highway fuel economy determined
in paragraph (b)(2)(i)(A) of this section is less than the value
determined in paragraph (b)(2)(ii) of this section, the manufacturer
may determine the highway fuel economy for the model types covered by
the test group on the modified 5-cycle equation specified in Sec.
600.114-08(b)(2).
    (c) The manufacturer will apply the criteria in paragraph (a) and
(b) of this section to every test group for each model year.
    (d) The tests used to make the evaluations in paragraphs (a) and
(b) of this section will be the official tests used to determine
compliance with emission standards under Sec.  86.1835-01(c).
Adjustments and/or substitutions to the official test data may be made
with advance approval of the Administrator.

Subpart C--[Amended]

0
33. A new Sec.  600.201-08 is added to read as follows:

Sec.  600.201-08  General applicability.

    (a) The provisions of this subpart are applicable to 2008 and later
model year automobiles, except medium duty passenger vehicles,
manufactured on or after January 26, 2007, and to 2011 and later model
year medium-duty passenger vehicles. All 2008 automobiles manufactured
prior to January 26, 2007 may optionally comply with the provisions of
this subpart.

0
34. A new Sec.  600.206-08 is added to read as follows:

Sec.  600.206-08  Calculation and use of FTP-based and HFET-based fuel
economy values for vehicle configurations.

    (a) Fuel economy values determined for each vehicle under Sec.
600.113(a) and (b) and as approved in Sec.  600.008-08 (c), are used to
determine FTP-based city, HFET-based highway, and combined FTP/Highway-
based fuel economy values for each vehicle configuration for which data
are available.
    (1) If only one set of FTP-based city and HFET-based highway fuel
economy values is accepted for a vehicle configuration, these values,
rounded to the nearest tenth of a mile per gallon, comprise the city
and highway fuel economy values for that configuration.
    (2) If more than one set of FTP-based city and HFET-based highway
fuel economy values are accepted for a vehicle configuration:
    (i) All data shall be grouped according to the subconfiguration for
which the data were generated using sales projections supplied in
accordance with Sec.  600.208(a)(3).
    (ii) Within each group of data, all values are harmonically
averaged and rounded to the nearest 0.0001 of a mile per gallon in
order to determine FTP-based city and HFET-based highway fuel economy
values for each subconfiguration at which the vehicle configuration was
tested.
    (iii) All FTP-based city fuel economy values and all HFET-based
highway fuel economy values calculated in paragraph (a)(2)(ii) of this
section are (separately for city and highway) averaged in proportion to
the sales fraction (rounded to the nearest 0.0001) within the vehicle
configuration (as provided to the Administrator by the manufacturer) of
vehicles of each tested subconfiguration. The resultant values, rounded
to the nearest 0.0001 mile per gallon, are the FTP-based city and HFET-
based highway fuel economy values for the vehicle configuration.
    (3) For the purpose of determining average fuel economy under Sec.
600.510-08, the combined fuel economy value for a vehicle configuration
is calculated by harmonically averaging the FTP-based city and HFET-
based highway fuel economy values, as determined in Sec.  600.206(a)(1)
or (2) of this section, weighted 0.55 and 0.45 respectively, and
rounded to the nearest 0.0001 mile per gallon. A sample of this
calculation appears in Appendix II of this part.
    (4) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (a)(1) or (2) of this section,
as applicable, shall be used to calculate two separate sets of FTP-
based city, HFET-based highway, and combined fuel economy values for
each configuration.
    (i) Calculate the city, highway, and combined fuel economy values
from the tests performed using gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy values
from the tests performed using alcohol or natural gas test fuel.
    (b) If only one equivalent petroleum-based fuel economy value
exists for an electric configuration, that value, rounded to the
nearest tenth of a mile per gallon, will comprise the petroleum-based
fuel economy for that configuration.
    (c) If more than one equivalent petroleum-based fuel economy value
exists for an electric vehicle configuration, all values for that
vehicle configuration are harmonically averaged and rounded to the
nearest 0.0001 mile per gallon for that configuration.

0
35. A new Sec.  600.207-08 is added to read as follows:

Sec.  600.207-08  Calculation and use of vehicle-specific 5-cycle-based
fuel economy values for vehicle configurations.

    (a) Fuel economy values determined for each vehicle under Sec.
600.114-08 and as approved in Sec.  600.008-08 (c), are used to
determine vehicle-specific 5-cycle city and highway fuel economy values
for each vehicle configuration for which data are available.
    (1) If only one set of 5-cycle city and highway fuel economy values
is accepted for a vehicle configuration, these values, rounded to the
nearest tenth of a mile per gallon, comprise the city and highway fuel
economy values for that configuration.
    (2) If more than one set of 5-cycle city and highway fuel economy
values are accepted for a vehicle configuration:
    (i) All data shall be grouped according to the subconfiguration for
which the data were generated using sales projections supplied in
accordance with Sec.  600.209(a)(3).
    (ii) Within each subconfiguration of data, all values are
harmonically averaged and rounded to the nearest 0.0001 of a mile per
gallon in order to determine 5-cycle city and highway fuel economy
values for each subconfiguration at which the vehicle configuration was
tested.
    (iii) All 5-cycle city fuel economy values and all 5-cycle highway
fuel economy values calculated in paragraph (a)(2)(ii) of this section
are (separately for city and highway) averaged in proportion to the
sales fraction (rounded to the nearest 0.0001) within the vehicle
configuration (as provided to the Administrator by the manufacturer) of
vehicles of each tested subconfiguration. The resultant values, rounded
to the nearest 0.0001 mile per gallon, are the 5-cycle city and 5-cycle
highway fuel economy values for the vehicle configuration.
    (3) [Reserved]
    (4) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (a)(1) and (2) of this section
shall be used to calculate two separate sets of 5-cycle city, highway
fuel economy values for each configuration.

    (i) Calculate the 5-cycle city and highway fuel economy values from
the tests performed using gasoline or diesel test fuel.
    (ii)(A) Calculate the 5-cycle city and highway fuel economy values
from the tests performed using alcohol or natural gas test fuel, if 5-
cycle testing has been performed. Otherwise, the procedure in Sec.
600.210(a)(3) or (b)(3) applies.
    (b) If only one equivalent petroleum-based fuel economy value
exists for an electric configuration, that value, rounded to the
nearest tenth of a mile per gallon, will comprise the petroleum-based
5-cycle fuel economy for that configuration.
    (c) If more than one equivalent petroleum-based 5-cycle fuel
economy value exists for an electric vehicle configuration, all values
for that vehicle configuration are harmonically averaged and rounded to
the nearest 0.0001 mile per gallon for that configuration.

0
36. A new Sec.  600.208-08 is added to read as follows:

Sec.  600.208-08  Calculation of FTP-based and HFET-based fuel economy
values for a model type.

    (a) Fuel economy values for a base level are calculated from
vehicle configuration fuel economy values as determined in Sec.
600.206-08(a), (b), or (c) as applicable, for low-altitude tests.
    (1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy from those intended for sale in other
states, he will calculate fuel economy values for each base level for
vehicles intended for sale in California and for each base level for
vehicles intended for sale in the rest of the states.
    (2) In order to highlight the fuel efficiency of certain designs
otherwise included within a model type, a manufacturer may wish to
subdivide a model type into one or more additional model types. This is
accomplished by separating subconfigurations from an existing base
level and placing them into a new base level. The new base level is
identical to the existing base level except that it shall be
considered, for the purposes of this paragraph, as containing a new
basic engine. The manufacturer will be permitted to designate such new
basic engines and base level(s) if:
    (i) Each additional model type resulting from division of another
model type has a unique car line name and that name appears on the
label and on the vehicle bearing that label;
    (ii) The subconfigurations included in the new base levels are not
included in any other base level which differs only by basic engine
(i.e., they are not included in the calculation of the original base
level fuel economy values); and
    (iii) All subconfigurations within the new base level are
represented by test data in accordance with Sec.  600.010-08(c)(1)(ii).
    (3) The manufacturer shall supply total model year sales
projections for each car line/vehicle subconfiguration combination.
    (i) Sales projections must be supplied separately for each car
line-vehicle subconfiguration intended for sale in California and each
car line/vehicle subconfiguration intended for sale in the rest of the
states if required by the Administrator under paragraph (a)(1) of this
section.
    (ii) Manufacturers shall update sales projections at the time any
model type value is calculated for a label value.
    (iii) The provisions of paragraph (a)(3) of this section may be
satisfied by providing an amended application for certification, as
described in Sec.  86.1844-01.
    (4) Vehicle configuration fuel economy values, as determined in
Sec.  600.206-08 (a), (b) or (c), as applicable, are grouped according
to base level.
    (i) If only one vehicle configuration within a base level has been
tested, the fuel economy value from that vehicle configuration
constitutes the fuel economy for that base level.
    (ii) If more than one vehicle configuration within a base level has
been tested, the vehicle configuration fuel economy values are
harmonically averaged in proportion to the respective sales fraction
(rounded to the nearest 0.0001) of each vehicle configuration and the
resultant fuel economy value rounded to the nearest 0.0001 mile per
gallon.
    (5) The procedure specified in paragraph (a)(1) through (4) of this
section will be repeated for each base level, thus establishing city,
highway, and combined fuel economy values for each base level.
    (6) For the purposes of calculating a base level fuel economy
value, if the only vehicle configuration(s) within the base level are
vehicle configuration(s) which are intended for sale at high altitude,
the Administrator may use fuel economy data from tests conducted on
these vehicle configuration(s) at high altitude to calculate the fuel
economy for the base level.
    (7) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the procedures of paragraphs (a)(1) through (6) of this
section shall be used to calculate two separate sets of city, highway,
and combined fuel economy values for each base level.
    (i) Calculate the city, highway, and combined fuel economy values
from the tests performed using gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy values
from the tests performed using alcohol or natural gas test fuel.
    (b) For each model type, as determined by the Administrator, a
city, highway, and combined fuel economy value will be calculated by
using the projected sales and fuel economy values for each base level
within the model type. Separate model type calculations will be done
based on the vehicle configuration fuel economy values as determined in
Sec.  600.206-08 (a), (b) or (c), as applicable.
    (1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy from those intended for sale in other
states, he will calculate fuel economy values for each model type for
vehicles intended for sale in California and for each model type for
vehicles intended for sale in the rest of the states.
    (2) The sales fraction for each base level is calculated by
dividing the projected sales of the base level within the model type by
the projected sales of the model type and rounding the quotient to the
nearest 0.0001.
    (3) The FTP-based city fuel economy values of the model type
(calculated to the nearest 0.0001 mpg) are determined by dividing one
by a sum of terms, each of which corresponds to a base level and which
is a fraction determined by dividing:
    (i) The sales fraction of a base level; by
    (ii) The FTP-based city fuel economy value for the respective base
level.
    (4) The procedure specified in paragraph (b)(3) of this section is
repeated in an analogous manner to determine the highway and combined
fuel economy values for the model type.
    (5) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the procedures of paragraphs (b)(1) through (4) of this
section shall be used to calculate two separate sets of city, highway,
and combined fuel economy values for each model type.
    (i) Calculate the city, highway, and combined fuel economy values
from the tests performed using gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy values
from the tests performed using alcohol or natural gas test fuel.

0
37. A new Sec.  600.209-08 is added to read as follows:

Sec.  600.209-08  Calculation of vehicle-specific 5-cycle fuel economy
values for a model type.

    (a) Base level. 5-cycle fuel economy values for a base level are
calculated from vehicle configuration 5-cycle fuel economy values as
determined in Sec.  600.207-08 for low-altitude tests.
    (1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy from those intended for sale in other
states, he will calculate fuel economy values for each base level for
vehicles intended for sale in California and for each base level for
vehicles intended for sale in the rest of the states.
    (2) In order to highlight the fuel efficiency of certain designs
otherwise included within a model type, a manufacturer may wish to
subdivide a model type into one or more additional model types. This is
accomplished by separating subconfigurations from an existing base
level and placing them into a new base level. The new base level is
identical to the existing base level except that it shall be
considered, for the purposes of this paragraph, as containing a new
basic engine. The manufacturer will be permitted to designate such new
basic engines and base level(s) if:
    (i) Each additional model type resulting from division of another
model type has a unique car line name and that name appears on the
label and on the vehicle bearing that label;
    (ii) The subconfigurations included in the new base levels are not
included in any other base level which differs only by basic engine
(i.e., they are not included in the calculation of the original base
level fuel economy values); and
    (iii) All subconfigurations within the new base level are
represented by test data in accordance with Sec.  600.010-08 (c)(ii).
    (3) The manufacturer shall supply total model year sales
projections for each car line/vehicle subconfiguration combination.
    (i) Sales projections must be supplied separately for each car
line-vehicle subconfiguration intended for sale in California and each
car line/vehicle subconfiguration intended for sale in the rest of the
states if required by the Administrator under paragraph (a)(1) of this
section.
    (ii) Manufacturers shall update sales projections at the time any
model type value is calculated for a label value.
    (iii) The provisions of this paragraph (a)(3) may be satisfied by
providing an amended application for certification, as described in
Sec.  86.1844-01 of this chapter.
    (4) 5-cycle vehicle configuration fuel economy values, as
determined in Sec.  600.207-08(a), (b), or (c), as applicable, are
grouped according to base level.
    (i) If only one vehicle configuration within a base level has been
tested, the fuel economy value from that vehicle configuration
constitutes the fuel economy for that base level.
    (ii) If more than one vehicle configuration within a base level has
been tested, the vehicle configuration fuel economy values are
harmonically averaged in proportion to the respective sales fraction
(rounded to the nearest 0.0001) of each vehicle configuration and the
resultant fuel economy value rounded to the nearest 0.0001 mile per
gallon.
    (5) The procedure specified in Sec.  600.209-08 (a) will be
repeated for each base level, thus establishing city and highway fuel
economy values for each base level.
    (6) For the purposes of calculating a base level fuel economy
value, if the only vehicle configuration(s) within the base level are
vehicle configuration(s) which are intended for sale at high altitude,
the Administrator may use fuel economy data from tests conducted on
these vehicle configuration(s) at high altitude to calculate the fuel
economy for the base level.
    (7) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the procedures of paragraphs (a)(1) through (6) of this
section shall be used to calculate two separate sets of city, highway,
and combined fuel economy values for each base level.
    (i) Calculate the city and highway fuel economy values from the
tests performed using gasoline or diesel test fuel.
    (ii) If 5-cycle testing was performed on the alcohol or natural gas
test fuel, calculate the city and highway fuel economy values from the
tests performed using alcohol or natural gas test fuel.
    (b) Model type. For each model type, as determined by the
Administrator, a city and highway fuel economy value will be calculated
by using the projected sales and fuel economy values for each base
level within the model type. Separate model type calculations will be
done based on the vehicle configuration fuel economy values as
determined in Sec.  600.207-08, as applicable.
    (1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy from those intended for sale in other
states, he will calculate fuel economy values for each model type for
vehicles intended for sale in California and for each model type for
vehicles intended for sale in the rest of the states.
    (2) The sales fraction for each base level is calculated by
dividing the projected sales of the base level within the model type by
the projected sales of the model type and rounding the quotient to the
nearest 0.0001.
    (3) The 5-cycle city fuel economy values of the model type
(calculated to the nearest 0.0001 mpg) are determined by dividing one
by a sum of terms, each of which corresponds to a base level and which
is a fraction determined by dividing:
    (i) The sales fraction of a base level; by
    (ii) The 5-cycle city fuel economy value for the respective base
level.
    (4) The procedure specified in paragraph (b)(3) of this section is
repeated in an analogous manner to determine the highway and combined
fuel economy values for the model type.
    (5) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (b)(1) through (4) of this
section shall be used to calculate two separate sets of city and
highway fuel economy values for each model type.
    (i) Calculate the city and highway fuel economy values from the
tests performed using gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy values
from the tests performed using alcohol or natural gas test fuel, if 5-
cycle testing was performed on the alcohol or natural gas test fuel.
Otherwise, the procedure in Sec.  600.210(a)(3) or (b)(3) applies.

0
38. A new Sec.  600.210-08 is added to read as follows:

Sec.  600.210-08  Calculation of fuel economy values for labeling.

    (a) General labels. Fuel economy for general labels can be
determined by two methods. The first is based on vehicle-specific
model-type 5-cycle data as determined in Sec.  600.209-08(b). This
method is optional beginning in the 2008 model year for all vehicles,
including medium-duty passenger vehicles, and required beginning in the
2011 model year (except for medium-duty passenger vehicles) unless
otherwise indicated according to the provisions in Sec.  600.115-08.
The second method is the derived 5-cycle method, and is based on fuel
economy that is derived from vehicle-specific 5-cycle

model type data as determined in paragraph (a)(2) of this section. This
method is required for 2008 through 2010 model years (except for
medium-duty passenger vehicles, in which case it is optional), and is
permitted beginning in 2011 model year under the provisions of Sec.
600.115-08. If the manufacturer determines that the resulting label
values from either of these methods are not representative of the fuel
economy for that model type, they may voluntarily lower these values.
All 2011 and later model year medium-duty passenger vehicles must be
labeled for fuel economy, using the derived 5-cycle method or, at the
manufacturer's option, the vehicle-specific 5-cycle method. Fuel
economy label values for dual fuel vehicles operating on alcohol-based
or natural gas fuel are calculated separately.
    (1) Vehicle-specific 5-cycle labels. The city and highway model
type fuel economy determined in Sec.  600.209-08(b), rounded to the
nearest mpg, comprise the fuel economy values for general fuel economy
labels, or, alternatively;
    (2) Derived 5-cycle labels. Derived 5-cycle city and highway label
values are determined according to the following method:
    (i) For each model type, determine the derived five-cycle city fuel
economy using the following equation and coefficients determined by the
Administrator:
[GRAPHIC] [TIFF OMITTED] TR27DE06.073

Where:

City Intercept = Intercept determined by the Administrator based on
historic vehicle-specific 5-cycle city fuel economy data.
City Slope = Slope determined by the Administrator based on historic
vehicle-specific 5-cycle city fuel economy data.
MT FTP FE = the model type FTP-based city fuel economy determined
under Sec.  600.208-08(a), rounded to the nearest tenth.

    (ii) For each model type, determine the derived five-cycle highway
fuel economy using the equation below and coefficients determined by
the Administrator:
[GRAPHIC] [TIFF OMITTED] TR27DE06.074

Where:

Highway Intercept = Intercept determined by the Administrator based
on historic vehicle-specific 5-cycle highway fuel economy data.
Highway Slope = Slope determined by the Administrator based on
historic vehicle-specific 5-cycle highway fuel economy data.
MT HFET FE = the model type highway fuel economy determined under
Sec.  600.208-08(b), rounded to the nearest tenth.

    (iii) For 2008 and later model year vehicles, unless and until
superseded by written guidance from the Administrator, the following
intercepts and slopes shall be used in the equations in paragraphs
(a)(2)(i) and (a)(2)(ii) of this section:

City Intercept = 0.003259.
City Slope = 1.1805.
Highway Intercept = 0.001376.
Highway Slope = 1.3466.

    The Administrator will periodically update the slopes and
intercepts via guidance and will determine the model year that the new
coefficients must take effect. The Administrator will issue guidance no
later than six months prior to the earliest starting date of the
effective model year (e.g., for 2011 models, the earliest start of the
model year is January 2, 2010, so guidance would be issued by July 1,
2009.) Until otherwise instructed by written guidance from the
Administrator, manufacturers must use the coefficients that are in
currently in effect.
    (3) General alternate fuel label values for dual-fueled vehicles.
(i) City and Highway label values for dual fuel alcohol-based and
natural gas vehicles when using the alternate fuel are separately
determined by the following calculation:
[GRAPHIC] [TIFF OMITTED] TR27DE06.076

Where:

FEalt = The unrounded FTP-based model-type city or HFET-
based model-type highway fuel economy from the alternate fuel, as
determined in Sec.  600.208(b)(5)(ii).
5cycle FEgas = The unrounded vehicle-specific or derived
5-cycle model-type city or highway fuel economy as determined in
paragraph (a)(1) or (b)(2) of this section.
FEgas = The unrounded FTP-based city or HFET-based model
type highway fuel economy from gasoline (or diesel), as determined
in Sec.  600.208(b)(5)(i).

    The result, rounded to the nearest whole number, is the alternate
fuel label value for dual fuel vehicles.
    (ii) Optionally, if complete 5-cycle testing has been performed
using the alternate fuel, the manufacturer may choose to use the
alternate fuel label city or highway value result in Sec.  600.209-
08(b)(5)(ii), rounded to the nearest whole number.
    (b) Specific Labels. The following two methods are used to
determine specific labels. The first is based on vehicle-specific
configuration 5-cycle data as determined in Sec.  600.207-08. This
method is optional beginning in the 2008 model year for all vehicles,
including medium-duty passenger vehicles, and required beginning in the
2011 model year (except for medium-duty passenger vehicles) unless
otherwise indicated according to the provisions in Sec.  600.115-08.
The second method is based on derived 5-cycle configuration data as
determined in paragraph (a)(2) of this section. This method is required
for 2008 through 2010 model years (except for medium-duty passenger
vehicles, in which case it is optional), and is allowed beginning in
2011 model year if permitted under the provisions in Sec.  600.115-08.
If the manufacturer determines that the resulting label values from
either of these methods are not representative of the fuel economy for
that model type,

they may voluntarily lower these values. All 2011 and later model year
medium-duty passenger vehicles must be labeled for fuel economy, using
the derived 5-cycle method or, at the manufacturer's option, the
vehicle-specific 5-cycle method. Fuel economy label values for dual
fuel vehicles operating on alcohol-based or natural gas fuel are
calculated separately.
    (1) Vehicle-specific 5-cycle labels. The city and highway
configuration fuel economy determined in Sec.  600.207-08, rounded to
the nearest mpg, comprise the fuel economy values for specific fuel
economy labels, or, alternatively;
    (2) Derived 5-cycle labels. Specific city and highway label values
from derived 5-cycle are determined according to the following method:
    (i) Determine the derived five-cycle city fuel economy of the
configuration using the equation below and coefficients determined by
the Administrator:
[GRAPHIC] [TIFF OMITTED] TR27DE06.077

Where:

City Intercept = Intercept determined by the Administrator based on
historic vehicle-specific 5-cycle city fuel economy data.
City Slope = Slope determined by the Administrator based on historic
vehicle-specific 5-cycle city fuel economy data.
Config FTP FE = the configuration FTP-based city fuel economy
determined under Sec.  600.206-08, rounded to the nearest tenth.

    (ii) Determine the derived five-cycle highway fuel economy of the
configuration using the equation below and coefficients determined by
the Administrator:
[GRAPHIC] [TIFF OMITTED] TR27DE06.078

Where:

Highway Intercept = Intercept determined by the Administrator based
on historic vehicle-specific 5-cycle highway fuel economy data.
Highway Slope = Slope determined by the Administrator based on
historic vehicle-specific 5-cycle highway fuel economy data.
Config HFET FE = the configuration highway fuel economy determined
under Sec.  600.206-08, rounded to the nearest tenth.

    (iii) The slopes and intercepts of paragraph (a)(2)(iii) of this
section apply.
    (3) Specific alternate fuel label values for dual-fueled vehicles.
(i) Specific city and highway label values for dual fuel alcohol-based
and natural gas vehicles when using the alternate fuel are separately
determined by the following calculation:
[GRAPHIC] [TIFF OMITTED] TR27DE06.079

Where:
FEalt = The unrounded FTP-based configuration city or
HFET-based configuration highway fuel economy from the alternate
fuel, as determined in Sec.  600.206.
5cycle FEgas = The unrounded vehicle-specific or derived
5-cycle configuration city or highway fuel economy as determined in
paragraph (b)(1) or (b)(2) of this section.
FEgas = The unrounded FTP-based city or HFET-based
configuration highway fuel economy from gasoline, as determined in
Sec.  600.206-08.

    The result, rounded to the nearest whole number, is the alternate
fuel label value for dual fuel vehicles.
    (ii) Optionally, if complete 5-cycle testing has been performed
using the alternate fuel, the manufacturer may choose to use the
alternate fuel label city or highway value result in Sec.  600.207-
08(a)(4)(ii), rounded to the nearest whole number.
    (c) For the purposes of calculating the combined fuel economy for a
model type, to be used in displaying on the label and for determining
annual fuel costs under Sec.  600.307-08, the manufacturer shall:
    (1)(i) For gasoline-fueled, diesel-fueled, alcohol-fueled, and
natural gas-fueled automobiles, and for dual fuel automobiles operated
on gasoline or diesel fuel, harmonically average the unrounded city and
highway values, determined in paragraphs (a)(1) or (2) of this section
and (b)(1) or (2) of this section, weighted 0.55 and 0.45 respectively,
and round to the nearest whole mpg. (An example of this calculation
procedure appears in Appendix II of this part); or
    (ii) For alcohol dual fuel and natural gas dual fuel automobiles
operated on the alternate fuel, harmonically average the unrounded city
and highway values from the tests performed using the alternative fuel
as determined in paragraphs (a)(3) and (b)(3) of this section, weighted
0.55 and 0.45 respectively, and round to the nearest whole mpg.
    (d)(1) Label values for 2008-2010 model year automobiles (except
medium-duty passenger vehicles) the city and highway values for a model
type must be determined by the same method. If the manufacturer
optionally chooses to determine fuel economy for a model type using the
vehicle-specific 5-cycle method, that method must be used to determine
both the city and highway fuel economy.
    (2) For 2011 and later model year automobiles, if the criteria in
Sec.  600.115-08(a) are met for a model type, both the city and highway
fuel economy must be determined using the vehicle-specific 5-cycle
method. If the criteria in Sec.  600.115-08(b) are met for a model
type, the city fuel economy may be determined using either method, but
the highway fuel economy must be determined using the vehicle-specific
5-cycle method (or modified 5-cycle method as allowed under Sec.
600.114-08(b)(2)).
    (3) If the criteria in Sec.  600.115-08 are not met for a model
type, the city and highway label values must be determined by using the
same method, either the derived 5-cycle or vehicle-specific 5-cycle.

0
39. A new Sec.  600.211-08 is added to read as follows:

Sec.  600.211-08  Sample Calculation of fuel economy values for
labeling.

    An example of the calculation required in this subpart appears in
Appendix III of this part.

Subpart D--[Amended]

0
40. A new Sec.  600.301-08 is added to read as follows:

Sec.  600.301-08  General applicability.

    (a) Unless otherwise specified, the provisions of this subpart are
applicable to 2008 and later model year automobiles, except medium duty
passenger vehicles, manufactured on or after January 26, 2007, and to
2011 and later model year medium-duty passenger vehicles. All 2008
automobiles manufactured prior to January 26, 2007 may optionally
comply with the provisions of this subpart.
    (b)(1) Manufacturers that produce only electric vehicles are exempt
from the requirement of this subpart, except with regard to the
requirements in those sections pertaining specifically to electric
vehicles.
    (2) Manufacturers with worldwide production (excluding electric
vehicle production) of less than 10,000 gasoline-fueled and/or diesel
powered passenger automobiles and light trucks may optionally comply
with the electric vehicle requirements in this subpart.

0
41. A new Sec.  600.306-08 is added to read as follows:

Sec.  600.306-08  Labeling requirements.

    (a) Prior to being offered for sale, each manufacturer shall affix
or cause to be affixed and each dealer shall maintain or cause to be
maintained on each automobile:
    (1) A general fuel economy label (initial, or updated as required
in Sec.  600.314-08) as described in Sec.  600.307-08 or:
    (2) A specific label, for those automobiles manufactured or
imported before the date that occurs 15 days after general labels have
been determined by the manufacturer, as described in Sec.  600.210-
08(b).
    (i) If the manufacturer elects to use a specific label within a
model type (as defined in Sec.  600.002-08, he shall also affix
specific labels on all automobiles within this model type, except on
those automobiles manufactured or imported before the date that labels
are required to bear range values as required by paragraph (b) of this
section, or determined by the Administrator, or as permitted under
Sec.  600.310-86.
    (ii) If a manufacturer elects to change from general to specific
labels or vice versa within a model type, the manufacturer shall,
within five calendar days, initiate or discontinue as applicable, the
use of specific labels on all vehicles within a model type at all
facilities where labels are affixed.
    (3) For any vehicle for which a specific label is requested which
has a combined FTP/HFET-based fuel economy value, as determined in
Sec.  600.513-08, at or below the minimum tax-free value, the following
statement must appear on the specific label:
    ``[Manufacturer's name] may have to pay IRS a Gas Guzzler Tax on
this vehicle because of the low fuel economy.''
    (4)(i) At the time a general fuel economy value is determined for a
model type, a manufacturer shall, except as provided in paragraph
(a)(4)(ii) of this section, relabel, or cause to be relabeled, vehicles
which:
    (A) Have not been delivered to the ultimate purchaser, and
    (B) Have a combined FTP/HFET-based model type fuel economy value
(as determined in Sec.  600.208-08(b) of 0.1 mpg or more below the
lowest fuel economy value at which a Gas Guzzler Tax of $0 is to be
assessed.
    (ii) The manufacturer has the option of re-labeling vehicles during
the first five working days after the general label value is known.
    (iii) For those vehicle model types which have been issued a
specific label and are subsequently found to have tax liability, the
manufacturer is responsible for the tax liability regardless of whether
the vehicle has been sold or not or whether the vehicle has been
relabeled or not.
    (b) Fuel economy range of comparable vehicles. The manufacturer
shall include the current range of fuel economy of comparable
automobiles (as described in Sec. Sec.  600.311-08 and 600.314-08) in
the label of each vehicle manufactured or imported more than 15
calendar days after the current range is made available by the
Administrator.
    (1) Automobiles manufactured or imported before a date 16 or more
calendar days after the initial label range is made available under
Sec.  600.311-08(c) shall include the range from the previous model
year.
    (2) Automobiles manufactured or imported more than 15 calendar days
after the label range is made available under Sec.  600.311-08(c) or
(d) shall be labeled with the current range of fuel economy of
comparable automobiles as approved for that label.
    (c) The fuel economy label must be readily visible from the
exterior of the automobile and remain affixed until the time the
automobile is delivered to the ultimate consumer.
    (1) It is preferable that the fuel economy label information be
incorporated into the Automobile Information Disclosure Act label,
provided that the prominence and legibility of the fuel economy label
is maintained. For this purpose, all fuel economy label information
must be placed on a separate section in the Automobile Information
Disclosure Act label and may not be intermixed with that label
information, except for vehicle descriptions as noted in Sec.  600.307-
08(d)(1).
    (2) The fuel economy label must be located on a side window. If the
window is not large enough to contain both the Automobile Information
Disclosure Act label and the fuel economy label, the manufacturer shall
have the fuel economy label affixed on another window and as close as
possible to the Automobile Information Disclosure Act label.
    (3) The manufacturer shall have the fuel economy label affixed in
such a manner that appearance and legibility are maintained until after
the vehicle is delivered to the ultimate consumer.

0
42. A new Sec.  600.307-08 is added to read as follows:

Sec.  600.307-08  Fuel economy label format requirements.

    Examples of fuel economy labels for gasoline and diesel vehicles,
dual fuel vehicles and alternate fuel vehicles are provided in Appendix
IV of this part. Detailed printing specifications are given in Appendix
V of this part, and unless otherwise permitted, apply to the provisions
in this section. The Administrator may approve modifications to the
style guidelines in cases where there may be space limitations and/or
legibility concerns.
    (a) Fuel economy labels must be:
    (1) Rectangular in shape with a minimum height of 4.5 inches (114
mm) and a minimum length of 7.0 inches (178 mm) as specified in
Appendix V of this part.
    (2) Printed in a color which contrasts with the background paper
color.
    (3) Have a contrasting border, with dimensions specified in
Appendix V of this part.
    (b) Label information. The information on the label shall contain:
    (1) The titles ``CITY MPG'' and ``HIGHWAY MPG'', centered over the
applicable fuel economy estimates.
    (2) The numeric, whole-number city and highway estimates, as
determined in Sec.  600.210-08, as specified in Appendix V of this
part. The font size

of the numbers may be larger than specified, provided: that the city
and highway numbers are equal in size; that the titles ``CITY MPG'' and
``HIGHWAY MPG'' are increased in the same proportion; and that doing so
does not obscure the other information on the label.
    (i) For dedicated gasoline-fueled, diesel-fueled, alcohol-fueled,
and natural gas-fueled automobiles, the city and highway fuel economy
estimates calculated in accordance with Sec.  600.210-08.
    (ii) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the city and highway fuel economy estimates for operation
on gasoline or diesel fuel as calculated in Sec.  600.210-08(a) and
(b).
    (3) The fuel pump logo.
    (4) The following phrase: ``Your actual mileage will vary depending
on how you drive and maintain your vehicle.'', located and formatted as
shown in Appendix V of this part.
    (5) The statement: ``Expected range for most drivers: ---- to ----
mpg'', placed underneath both the city and highway estimates, centered
to the estimate numbers. The range values for this statement are to be
calculated in accordance with the following:
    (i) The lower range values shall be determined by multiplying the
city and highway estimates by 0.83, then rounding to the next lower
integer value.
    (ii) The upper range values shall be determined by multiplying the
city and highway estimates by 1.17 and rounding to the next higher
integer value.
    (6) The top border shall contain the centered title ``EPA Fuel
Economy Estimates'' in a contrasting color.
    (7) Alternate fuel titles. (i) For dedicated alcohol-fueled
automobiles, the title ``[insert appropriate fuel (e.g., ``ETHANOL
(E85))''] *''. The title shall be positioned and sized according to the
style guidelines in Appendix V of this part.
    (ii) For dedicated natural gas-fueled automobiles, the title
``NATURAL GAS *''. The title shall be positioned in the grey area above
the window of the fuel pump logo, in a size and format specified in
Appendix V of this part.
    (iii) For alcohol-based dual fuel automobiles and natural gas dual
fuel automobiles, the title ``Dual Fuel Vehicle*'', and directly below
that, the title ``[insert appropriate conventional fuel (example
Gasoline)]-[insert appropriate alternate fuel (example ``Ethanol
(E85)'']''. Both of these titles are centered in the grey area above
the window of the fuel pump logo, with a size and format specified in
Appendix V of this part.
    (8) Alternate fuel information. (i) For dedicated alcohol-fueled
automobiles, the title ``[insert appropriate fuel (example ``E85'')]''
centered above the title ``CITY MPG'' and above the title ``HIGHWAY
MPG'' with a size and format specified in Appendix V of this part.
    (ii) For dedicated natural gas-fueled automobile, the title
``GASOLINE EQUIVALENT'' centered above the title ``CITY MPG'' and above
the title ``HIGHWAY MPG'' with a size and format specified in Appendix
V of this part.
    (iii) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the title ``GASOLINE'' [or ``DIESEL'', as applicable]
centered above the title ``CITY MPG'' and above the title ``HIGHWAY
MPG'' with a size and format specified in Appendix V of this part.
    (9) The bottom border of the label shall contain the following
centered statement, formatted according to the style guidelines in
Appendix V: ``See the FREE Fuel Economy Guide at dealers or
http://www.fueleconomy.gov''.

    (10) If the label is separate from the Automobile Information
Disclosure Act label, the vehicle description, as described in
paragraph (d) of this section, located on the label such that it does
not interfere with the other required information. In cases where the
vehicle description information may not easily fit on the label, the
manufacturer may request Administrator approval of modifications to the
label format to accommodate this information.
    (11) Comparison fuel economy. A graphic depiction of comparison
fuel economy information, in the style and format given in Appendix V
of this part, containing the following elements:
    (i) A bar that represents the total range of combined fuel economy
for the applicable class of comparison fuel economy.
    (ii) A downward pointing tail-less arrow, located at the top of the
bar positioned on the bar where that vehicle's combined fuel economy
falls relative to the range of comparable vehicles.
    (iii) The combined fuel economy value for the vehicle as determined
in Sec.  600.210-08(c), located directly above the arrow.
    (iv) The statement ``This Vehicle'' directly above the combined
fuel economy number.
    (vi)(A) For gasoline and diesel fuel vehicles, the statement
``Combined Fuel Economy'', located above the ``This Vehicle''
statement, and centered above the bar.
    (B) For dual fuel vehicles, the statement ``Combined Gasoline [or
``Diesel'', as appropriate] Fuel Economy'', located above the ``This
Vehicle'' statement, and centered above the bar, in two lines, if
needed.
    (C) For dedicated natural gas vehicles, the statement ``Combined
Gasoline Equivalent Fuel Economy'', located above the ``This Vehicle''
statement, and centered above the bar, in two lines, if needed.
    (v) The upper and lower MPG ranges for that class of vehicles, with
the lower range shown directly to the left of the bar and the upper
range directly to the right of the bar. The range values are those
determined in accordance with Sec.  600.311.
    (vi) The statement ``All [name of the comparable vehicle class]s'',
centered below the bar. The names of the comparable classes given in
Sec.  600.315-08 apply. For the purpose of presenting the name of the
class on the label, the following class names may be shortened as
indicated: minicompact cars may be ``Minicompacts'', subcompact cars
may be ``Subcompacts'', compact cars may be ``Compacts'', small station
wagons may be ``Small Wagons'', midsize station wagons may be ``Midsize
Wagons'', large station wagons may be ``Large Wagons'', small pickup
trucks may be ``Small Pickups'', standard pickup trucks may be
``Standard Pickups'', and sport utility vehicles may be ``SUVs''.
    (12)(i) The statement: ``Estimated Annual Fuel Cost:'' followed by
the appropriate value calculated in accordance with paragraph (f) or
(g) of this section and the statement ``based on [EPA-provided number
of miles per paragraph (f) of this section] miles at [the EPA-provided
dollar cost per gallon of the required fuel for that vehicle] per
gallon of gasoline.'' The estimated annual fuel cost value for alcohol
dual fuel automobiles and natural gas dual fuel vehicles to appear on
the fuel economy label shall be that calculated based on operating the
vehicle on gasoline or diesel fuel as determined in paragraphs (f) and
(g) of this section.
    (ii) At the manufacturer's option, the label may also contain the
estimated annual fuel cost value based on operating the vehicle on the
alternative fuel.
    (13) The Gas Guzzler statement, when applicable (see paragraph (e)
of this section), must be located on the bottom half of the label,
either in the space reserved for alternate fuel information, or, if the
vehicle is an alternate fuel vehicle, directly beneath this space.

    (14) Alternate fuel statement. (i) For dedicated alternate fuel
automobiles, the statement: ``* This vehicle operates on NATURAL GAS
FUEL [or other alternate fuel as appropriate] only. Fuel economy is
expressed in gasoline equivalent values.'' This statement is located on
the right-hand bottom portion of the label. See Appendix V of this part
for details of location, size and format.
    (ii) For dual fuel automobiles, the statement: ``*Fuel economy when
operating on E85 [or other alternate fuel as appropriate] will yield
different values than gasoline [or diesel as appropriate]. See Fuel
Economy Guide for more information.'' Optionally, this statement may be
replaced with the city, highway and combined fuel economy values using
the alternate fuel, in a size and format specified in Appendix V of
this part.
    (c) The city mpg number shall be displayed on the upper half of the
left side of the label and the highway mpg number displayed on the
upper half of the right side of the label. If the manufacturer chooses
to enlarge the label from that specified in paragraph (a)(1) of this
section, the logo and the fuel economy label values, including the
titles ``CITY MPG'' and ``HIGHWAY MPG'', must be increased in the same
proportion.
    (d) Vehicle description information for general and specific
labels.
    (1) Where the fuel economy label is physically incorporated with
the Motor Vehicle Information and Cost Savings Act label, the
applicable vehicle description, as set forth in this paragraph, does
not have to be repeated if the information is readily found on this
label.
    (2) For fuel economy labels which are physically separate from the
Motor Vehicle Information and Cost Savings Act label, the vehicle
description on general labels will be as follows:
    (i) Model year;
    (ii) Vehicle car line;
    (iii) Engine displacement, in cubic inches, cubic centimeters, or
liters whichever is consistent with the customary description of that
engine;
    (iv) Transmission class.
    (v) Other descriptive information, as necessary, such as number of
engine cylinders, to distinguish otherwise identical model types or, in
the case of specific labels, vehicle configurations, as approved by the
Administrator.
    (e)(1) For fuel economy labels of passenger automobile model types
requiring a tax statement under Sec.  600.513-08, the phrase ``Gas
Guzzler Tax'' followed by the dollar amount, in a size and format
specified in Appendix V of this part.
    (2) The tax value required by this paragraph shall be based on the
combined fuel economy value for the model type calculated in accordance
with Sec.  600.513-08 and rounded to the nearest 0.1 mpg.
    (f) Estimated annual fuel cost--general labels. The annual fuel
cost estimate for operating an automobile included in a model type
shall be computed by using values for the fuel cost per gallon of the
recommended fuel as specified by the manufacturer in the owner's manual
and average annual mileage, predetermined by the Administrator, and the
combined fuel economy determined in Sec.  600.210(c).
    (1) The annual fuel cost estimate for a model type is computed by
multiplying:
    (i) Fuel cost per gallon (natural gas must be expressed in units of
cost per equivalent gallon, where 100 SCF = 0.823 equivalent gallons)
expressed in dollars to the nearest 0.05 dollar; by
    (ii) Average annual mileage, expressed in miles per year to the
nearest 1,000 miles per year, by
    (iii) The inverse of the combined fuel economy value determined in
Sec.  600.210-08(c) for a model type (as determined in Sec.  600.210-
08(a), rounded to the nearest 0.0001 gallons per mile (natural gas must
be expressed in units of gallon equivalent per mile, where 100
SCF=0.823 equivalent gallons).
    (2) The product computed in paragraph (f)(1) of this section and
rounded to the nearest dollar per year will comprise the annual fuel
cost estimate that appears on general labels for the model type.
    (g) Estimated annual fuel cost--specific labels. (1) The annual
fuel cost estimate for operating an automobile included in a vehicle
configuration will be computed by using the values for the fuel cost
per volume (gallon for liquid fuels, cubic feet for gaseous fuels) and
average mileage and the fuel economy determined by multiplying:
    (i) Fuel cost per gallon (natural gas must be expressed in units of
cost per equivalent gallon, where 100 SCF=0.823 equivalent gallons)
expressed in dollars to the nearest 0.05 dollar; by
    (ii) Average annual mileage, expressed in miles per year to the
nearest 1,000 miles per year, by
    (iii) The inverse, rounded to the nearest 0.0001 gallons per mile
(natural gas must be expressed in units of gallon equivalent per mile,
where 100 SCF=0.823 equivalent gallons) of the combined fuel economy
value determined in Sec.  600.210-08(c) for a vehicle configuration (as
determined in Sec.  600.210-08(b).
    (2) The product computed in paragraph (g)(1) of this section and
rounded to the nearest dollar per year will comprise the annual fuel
cost estimate that appears on specific labels for that vehicle
configuration.
    (h) For model year 2008 and 2009 automobiles only, the following
statement, located directly above the fuel pump logo, centered in the
label: ``These estimates reflect new EPA methods beginning with 2008
models.'' The size and format is specified in Appendix V to this part.
    (i) For model year 2008 vehicles manufactured or imported prior to
September 1, 2007, manufacturers may optionally use the label format
provisions of Sec.  600.307-95. In this case, the following information
must be included on the label:
    (1) The city and highway estimates, as determined according to the
provisions in Sec.  600.210-08.
    (2) The statement ``These estimates reflect new EPA methods
beginning with 2008 models.'', centered, and located in a prominent
position on the label, preferably near the top of the label.
    (j) For model year 2008 vehicles manufactured or imported prior to
June 1, 2007, the manufacturer may optionally include the city and
highway fuel economy determined under the provisions of Sec.  600.209-
95, presented in fine print underneath the city and highway mpg numbers
from paragraph (c) of this section, in a statement as follows: ``[xx]
MPG under old methods''.
    (1) The font size may not exceed 8 points and may not be bold.
    (2) If the optional provisions of paragraph (i) of this section are
selected, the location of the fuel economy estimates allowed under this
paragraph (j) may be either:
    (i) underneath the large city and highway miles-per-gallon numbers,
or
    (ii) in a statement at the bottom of the label as follows: ``*Fuel
economy under the old methods would be [xx] MPG city and [xx] MPG
highway''. The statement required in paragraph (i)(2) must contain an
asterisk (*) after the word ``models''.

0
43. A new Sec.  600.311-08 is added to read as follows:

Sec.  600.311-08  Range of fuel economy for comparable automobiles.

    (a) The Administrator will determine the range of combined fuel
economy values for each class of comparable automobiles comprising the
maximum and minimum combined fuel economy

values for all general labels as determined in Sec.  600.210-08(c).
    (b)(1) The ranges for a model year will be made available on a date
specified by the Administrator that closely coincides to the date of
the general model introduction for the industry.
    (2) If the Administrator has not made available the fuel economy
ranges prior to the model introduction, the ranges from the previous
model year must be used.
    (3) For 2008 model year automobiles manufactured or imported prior
to the date specified in Sec.  600.306-08(b), the Administrator will
provide initial fuel economy ranges based upon data from 2007 models
that have been adjusted in accordance with the derived 5-cycle
calculations in Sec.  600.210-08.
    (c) If the Administrator determines that automobiles intended for
sale in California are likely to exhibit significant differences in
fuel economy from those intended for sale in other states, he/she will
compute separate ranges of fuel economy values for each class of
automobiles for California and for the other states.
    (d) For high altitude vehicles determined under Sec.  600.310, both
general and specific labels will contain the range of comparable fuel
economy computed in this section.
    (e) The manufacturer shall include the appropriate range of fuel
economy determined by the Administrator in paragraph (b) of this
section, on each label affixed to an automobile within the class,
except as provided in Sec.  600.306(b)(1).

0
44. A new Sec.  600.314-08 is added to read as follows:

Sec.  600.314-01  Updating label values, annual fuel cost, Gas Guzzler
Tax, and range of fuel economy for comparable automobiles.

    (a) The label values established in Sec.  600.312 shall remain in
effect for the model year unless updated in accordance with paragraph
(b) of this section.
    (b)(1) The manufacturer shall recalculate the model type fuel
economy values for any model type containing base levels affected by
running changes specified in Sec.  600.507(a).
    (2) For separate model types created in Sec.  600.209-08(a)(2), the
manufacturer shall recalculate the model type values for any additions
or deletions of subconfigurations to the model type. Minimum data
requirements specified in Sec.  600.010(c) shall be met prior to
recalculation.
    (3) Label value recalculations shall be performed as follows:
    (i) The manufacturer shall use updated total model year projected
sales for label value recalculations.
    (ii) All model year data approved by the Administrator at the time
of the recalculation for that model type shall be included in the
recalculation.
    (iii) Using the additional data under paragraph (b) of this
section, the manufacturer shall calculate new model type city and
highway values in accordance with Sec.  600.210-08 except that the
values shall be rounded to the nearest 0.1 mpg.
    (iv) The existing label values, calculated in accordance with Sec.
600.210-08, shall be rounded to the nearest 0.1 mpg.
    (4)(i) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or
more, the manufacturer shall affix labels with the recalculated model
type values (rounded to the nearest whole mpg) to all new vehicles of
that model type beginning on the day of implementation of the running
change.
    (ii) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is higher than the respective
city or highway value in paragraph (b)(3)(iv) of this section by 1.0
mpg or more, then the manufacturer has the option to use the
recalculated values for labeling the entire model type beginning on the
day of implementation of the running change.
    (c) For fuel economy labels updated using recalculated fuel economy
values determined in accordance with paragraph (b) of this section, the
manufacturer shall concurrently update all other label information
(e.g., the annual fuel cost, range of comparable vehicles and the
applicability of the Gas Guzzler Tax as needed).
    (d) The Administrator shall periodically update the range of fuel
economies of comparable automobiles based upon all label data supplied
to the Administrator.
    (e) The manufacturer may request permission from the Administrator
to calculate and use label values based on test data from vehicles
which have not completed the Administrator-ordered confirmatory testing
required under the provisions of Sec.  600.008-08(b). If the
Administrator approves such a calculation the following procedures
shall be used to determine if relabeling is required after the
confirmatory testing is completed.
    (1) The Administrator-ordered confirmatory testing shall be
completed as quickly as possible.
    (2) Using the additional data under paragraph (e)(1) of this
section, the manufacturer shall calculate new model type city and
highway values in accordance with Sec. Sec.  600.207-08 and 600.210-08
except that the values shall be rounded to the nearest 0.1 mpg.
    (3) The existing label values, calculated in accordance with Sec.
600.210-08, shall be rounded to the nearest 0.1 mpg.
    (4) Relabeling. (i) If the recalculated city or highway fuel
economy value in paragraph (b)(3)(iii) of this section is less than the
respective city or highway value in paragraph (b)(3)(iv) of this
section by 0.5 mpg or more, the manufacturer shall affix labels with
the recalculated model type values (rounded to whole mpg') to all new
vehicles of that model type beginning 15 days after the completion of
the confirmatory test.
    (ii) If both the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 0.1 mpg or
more and the recalculated gas guzzler tax rate determined under the
provisions of Sec.  600.513-08 is larger, the manufacturer shall affix
labels with the recalculated model type values (rounded to whole mpg')
and gas guzzler tax statement and rates to all new vehicles of that
model type beginning 15 days after the completion of the confirmatory
test.
    (5) For fuel economy labels updated using recalculated fuel economy
values determined in accordance with paragraph (e)(4) of this section,
the manufacturer shall concurrently update all other label information
(e.g., the annual fuel cost, range of comparable vehicles and the
applicability of the Gas Guzzler Tax if required by Department of
Treasury regulations).

0
45. A new Sec.  600.315-08 is added to read as follows:

Sec.  600.315-08  Classes of comparable automobiles.

    (a) The Secretary will classify automobiles as passenger
automobiles or light trucks (nonpassenger automobiles) in accordance
with 49 CFR part 523.
    (1) The Administrator will classify passenger automobiles by car
line into one of the following classes based on interior volume index
or seating capacity except for those passenger automobiles which the
Administrator determines are most appropriately placed in a different
classification or classed as special purpose vehicles as provided in
paragraph (a)(3) of this section.

    (i) Two seaters. A car line shall be classed as ``Two Seater'' if
the majority of the vehicles in that car line have no more than two
designated seating positions as such term is defined in the regulations
of the National Highway Traffic Safety Administration, Department of
Transportation (DOT), 49 CFR 571.3.
    (ii) Minicompact cars. Interior volume index less than 85 cubic
feet.
    (iii) Subcompact cars. Interior volume index greater than or equal
to 85 cubic feet but less than 100 cubic feet.
    (iv) Compact cars. Interior volume index greater than or equal to
100 cubic feet but less than 110 cubic feet.
    (v) Midsize cars. Interior volume index greater than or equal to
110 cubic feet but less than 120 cubic feet.
    (vi) Large cars. Interior volume index greater than or equal to 120
cubic feet.
    (vii) Small station wagons. Station wagons with interior volume
index less than 130 cubic feet.
    (viii) Midsize station wagons. Station wagons with interior volume
index greater than or equal to 130 cubic feet but less than 160 cubic
feet.
    (ix) Large station wagons. Station wagons with interior volume
index greater than or equal to 160 cubic feet.
    (2) The Administrator will classify light trucks (nonpassenger
automobiles) into the following categories: small pickup trucks,
standard pickup trucks, vans, minivans, SUVS and special purpose
vehicles. Pickup trucks will be separated by car line on the basis of
gross vehicle weight rating (GVWR). For pickup truck car lines with
more than one GVWR, the GVWR of the pickup truck car line is the
arithmetic average of all distinct GVWR's less than or equal to 8,500
pounds available for that car line.
    (i) Small pickup trucks. Pickup trucks with a GVWR less than 6000
pounds.
    (ii) Standard pickup trucks. Pickup trucks with a GVWR of 6000
pounds up to and including 8,500 pounds.
    (iii) Vans.
    (iv) Minivans.
    (v) Sport utility vehicles.
    (3) (i) Special purpose vehicles. All automobiles with GVWR less
than or equal to 8,500 pounds and all medium-duty passenger vehicles
which possess special features and which the Administrator determines
are more appropriately classified separately from typical automobiles
or which do not meet the requirements of paragraphs (a)(1) and (2) of
this section will be classified as special purpose vehicles.
    (ii) All automobiles which possess features that could apply to two
classes will be classified by the Administrator based on the
Administrator's judgment on which class of vehicles consumers are more
likely to make comparisons.
    (4) Once a certain car line is classified by the Administrator, the
classification will remain in effect for the model year.
    (b) Interior volume index--passenger automobiles. (1) The interior
volume index shall be calculated for each car line which is not a
``Atwo seater'' car line, in cubic feet rounded to the nearest 0.1
cubic foot. For car lines with more than one body style, the interior
volume index for the car line is the arithmetic average of the interior
volume indexes of each body style in the car line.
    (2) For all body styles except station wagons, minivans and
hatchbacks with more than one seat (e.g., with a second or third seat)
equipped with seatbelts as required by DOT safety regulations, interior
volume index is the sum, rounded to the nearest 0.1 cubic feet, of the
front seat volume, the rear seat volume, if applicable, and the luggage
capacity.
    (3) For all station wagons, minivans and hatchbacks with more than
one seat (e.g., with a second or third seat) equipped with seatbelts as
required by DOT safety regulations, interior volume index is the sum,
rounded to the nearest 0.1 cubic feet, of the front seat volume, the
rear seat volume, and the cargo volume index.
    (c) All interior and cargo dimensions are measured in inches to the
nearest 0.1 inch. All dimensions and volumes shall be determined from
the base vehicles of each body style in each car line, and do not
include optional equipment. The dimensions H61, W3, W5, L34, H63, W4,
W6, L51, H201, L205, L210, L211, H198, and volume V1 are to be
determined in accordance with the procedures outlined in Motor Vehicle
Dimensions SAE J1100a (Report of Human Factors Engineering Committee,
Society of Automotive Engineers, approved September 1973 and last
revised September 1975) except as noted herein:
    (1) SAE J1100a(2.3)--Cargo dimensions. All dimensions measured with
the front seat positioned the same as for the interior dimensions and
the second seat, for the station wagons, minivans and hatchbacks, in
the upright position. All head restraints shall be in the stowed
position and considered part of the seat.
    (2) SAE J1100a(8)--Luggage capacity. Total of columns of individual
pieces of standard luggage set plus H boxes stowed in the luggage
compartment in accordance with the procedure described in 8.2. For
passenger automobiles with no rear seat or with two rear seats with no
rear seatbelts, the luggage compartment shall include the area to the
rear of the front seat, with the rear seat (if applicable) folded, to
the height of a horizontal plane tangent to the top of the front
seatback.
    (3) SAE J1100a(7)--Cargo dimensions. (i) L210-Cargo length at
second seatback height-hatchback. The minimum horizontal dimension from
the ``X'' plane tangent to the rearmost surface of the second seatback
to the inside limiting interference of the hatchback door on the zero
``Y'' plane.
    (ii) L211--Cargo length at floor-second-hatchback. The minimum
horizontal dimensions at floor level from the rear of the second
seatback to the normal limiting interference of the hatchback door on
the vehicle zero ``Y'' plane.
    (iii) H198--Second seatback to load floor height. The dimension
measured vertically from the horizontal tangent to the top of the
second seatback to the undepressed floor covering.
    (d) The front seat volume is calculated in cubic feet by dividing
1,728 into the product of three terms listed below and rounding the
quotient to the nearest 0.001 cubic feet:
    (1) H61--Effective head room-front. (In inches, obtained according
to paragraph (c) of this section),
    (2)(i) (W3+W5+5)/2-Average of shoulder and hip room-front, if hip
room is more than 5 inches less than shoulder room. (In inches, W3 and
W5 are obtained according to paragraph (c) of this section), or
    (ii) W3-Shoulder room-front, if hip room is not more than 5 inches
less than shoulder room. (In inches, W3 is obtained according to
paragraph (c) of this section), and
    (3) L34--Maximum effective leg room-accelerator. (In inches,
obtained according to paragraph (c) of this section.) Round the
quotient to the nearest 0.001 cubic feet.
    (e) The rear seat volume is calculated in cubic feet, for vehicles
within a rear seat equipped with rear seat belts (as required by DOT),
by dividing 1,728 into the product of three terms listed below and
rounding the quotient to the nearest 0.001 cubic feet:
    (1) H63--Effective head room-second. (Inches obtained according to
paragraph (c) of this section),
    (2)(i) (W4+W6+5)/2-Average of shoulder and hip room-second, if hip
room is more than 5 inches less than shoulder room. (In inches, W4 and
W6 are obtained according to paragraph (c) of this section), or
    (ii) W4--Shoulder room-second, if hip room is not more than 5
inches less than shoulder room. (In inches, W3 is obtained according to
paragraph (c) of this section), and

    (3) L51--Minimum effective leg room-second. (In inches obtained
according to paragraph (c) of this section.)
    (f) The luggage capacity is V1, the usable luggage capacity
obtained according to paragraph (c) of this section. For passenger
automobiles with no rear seat or with a rear seat but no rear seat
belts, the area to the rear of the front seat shall be included in the
determination of V1, usable luggage capacity, as outlined in paragraph
(c) of this section.
    (g) Cargo volume index. (1) For station wagons and minivans the
cargo volume index V2 is calculated, in cubic feet, by dividing 1,728
into the product of three terms and rounding the quotient to the
nearest 0.001 cubic feet:
    (i) W4-;Shoulder room-second. (In inches obtained according to
paragraph (c) of this section.)
    (ii) H201-;Cargo height. (In inches obtained according to paragraph
(c) of this section.)
    (iii) L205-;Cargo length at belt-second. (In inches obtained
according to paragraph (c) of this section.)
    (2) For hatchbacks, the cargo volume index V3 is calculated, in
cubic feet, by dividing 1,728 into the product of three terms:
    (i) Average cargo length, which is the arithmetic average of:
    (A) L210-Cargo length at second seatback height-hatchback. (In
inches obtained according to paragraph (c) of this section);
    (B) L211-;Cargo length at floor-second-hatchback. (In inches
obtained according to paragraph (c) of this section);
    (ii) W4-;Shoulder room-second. (In inches obtained according to
paragraph (c) of this section);
    (iii) H198-;Second seatback to load floor height. (In inches
obtained according to paragraph (c) of this section.) Round the
quotient to the nearest 0.001 cubic foot.
    (h) The following data must be submitted to the Administrator no
later than the time of a general label request. Data shall be included
for each body style in the car line covered by that general label.
    (1) For all passenger automobiles:
    (i) Dimensions H61, W3, L34 determined in accordance with paragraph
(c) of this section.
    (ii) Front seat volume determined in accordance with paragraph (d)
of this section.
    (iii) Dimensions H63, W4, L51 (if applicable) determined in
accordance with paragraph (c) of this section.
    (iv) Rear seat volume (if applicable) determined in accordance with
paragraph (e) of this section.
    (v) The interior volume index determined in accordance with
paragraph (b) of this section for:
    (A) Each body style, and
    (B) The car line.
    (vi) The class of the car line as determined in paragraph (a) of
this section.
    (2) For all passenger automobiles except station wagons, minivans
and hatchbacks with more than one seat (e.g., with a second or third
seat) equipped with seat belts as required by DOT safety regulations:
    (i) The quantity and letter designation of the pieces of the
standard luggage set installed in the vehicle in the determination of
usable luggage capacity V1, and
    (ii) The usable luggage capacity V1, determined in accordance with
paragraph (f) of this section.
    (3) For station wagons and minivans with more than one seat (e.g.,
with a second or third seat) equipped with seat belts as required by
DOT safety regulations:
    (i) The dimensions H201 and L205 determined in accordance with
paragraph (c) of this section, and
    (ii) The cargo volume index V2 determined in accordance with
paragraph (g)(1) of this section.
    (4) For hatchbacks with more than one seat (e.g., with a second or
third seat) equipped with seat belts as required by DOT safety
regulations:
    (i) The dimensions L210, L211, and H198 determined in accordance
with paragraph (c) of this section.
    (ii) The cargo volume index V3 determined in accordance with
paragraph (g)(2) of this section.
    (5) For pickup trucks:
    (i) All GVWR's of less than or equal to 8,500 pounds available in
the car line.
    (ii) The arithmetic average GVWR for the car line.

Subpart E--[Amended]

0
46. A new Sec.  600.405-08 is added to read as follows:

Sec.  600.405-08  Dealer requirements.

    (a) Each dealer shall prominently display at each location where
new automobiles are offered for sale a copy of the annual Fuel Economy
Guide containing the information specified in Sec.  600.407. The Fuel
Economy Guide may be made available either in hard copy or
electronically via an on-site computer available for prospective
purchasers to view and print as desired. The dealer shall provide this
information without charge. The dealer will be expected to make this
information available as soon as it is received by the dealer, but in
no case later than 15 working days after notification is given of its
availability. The Department of Energy will annually notify dealers of
the availability of the information with instructions on how to obtain
it either electronically or in hard copy.
    (b) The dealer shall display the Fuel Economy Guide, or a notice of
where the customer can electronically access the Fuel Economy Guide, in
the same manner and in each location used to display brochures
describing the automobiles offered for sale by the dealer. The notice
shall include a link to the official Web site where this information is
contained (http://www.fueleconomy.gov.)

    (c) The dealer shall display the booklet applicable to each model
year automobile offered for sale at the location.

0
47. A new Sec.  600.407-08 is added to read as follows:

Sec.  600.407-08  Booklets displayed by dealers.

    (a) Booklets displayed by dealers in order to fulfill the
obligations of Sec.  600.405 may be either
    (1) The printed copy of the annual Fuel Economy Guide published by
the Department of Energy, or;
    (2) Optionally, dealers may display the Fuel Economy Guide on a
computer that is linked to the electronic version of the Fuel Economy
Guide (available at http://www.fueleconomy.gov), or;

    (3) A booklet approved by the Administrator of EPA containing the
same information, format, and order as the Fuel Economy Guide published
by the Department of Energy. Such a booklet may highlight the dealer's
product line by contrasting color of ink or boldface type and may
include other supplemental information regarding the dealer's product
line subject to approval by the Administrator.
    (b) A manufacturer's name and logo or a dealer's name and address
or both may appear on the back cover of the hard copies of the Fuel
Economy Guide.

Subpart F--[Amended]

    48. A new Sec.  600.507-08 is added to read as follows:

Sec.  600.507-08  Running change data requirements.

    (a) Except as specified in paragraph (d) of this section, the
manufacturer shall submit additional running change fuel economy data
as specified in paragraph (b) of this section for any running change
approved or implemented under Sec. Sec.  86.079-32,

86.079-33, or 86.082-34 or 86.1842-01 as applicable, which:
    (1) Creates a new base level or,
    (2) Affects an existing base level by:
    (i) Adding an axle ratio which is at least 10 percent larger (or,
optionally, 10 percent smaller) than the largest axle ratio tested.
    (ii) Increasing (or, optionally, decreasing) the road-load
horsepower for a subconfiguration by 10 percent or more for the
individual running change or, when considered cumulatively, since
original certification (for each cumulative 10 percent increase using
the originally certified road-load horsepower as a base).
    (iii) Adding a new subconfiguration by increasing (or, optionally,
decreasing) the equivalent test weight for any previously tested
subconfiguration in the base level.
    (b)(1) The additional running change fuel economy data requirement
in paragraph (a) of this section will be determined based on the sales
of the vehicle configurations in the created or affected base level(s)
as updated at the time of running change approval.
    (2) Within each newly created base level as specified in paragraph
(a)(1) of this section, the manufacturer shall submit data from the
highest projected total model year sales subconfiguration within the
highest projected total model year sales configuration in the base
level.
    (3) Within each base level affected by a running change as
specified in paragraph (a)(2) of this section, fuel economy data shall
be submitted for the vehicle configuration created or affected by the
running change which has the highest total model year sales. The test
vehicle shall be of the subconfiguration created by the running change
which has the highest projected total model year sales within the
applicable vehicle configuration.
    (c) The manufacturer shall submit the fuel economy data required by
this section to the Administrator in accordance with Sec.  600.314(b).
    (d) For those model types created under Sec.  600.208-08(a)(2), the
manufacturer shall submit data for each subconfiguration added by a
running change.

0
49. A new Sec.  600.510-08 is added to read as follows:

Sec.  600.510-08  Calculation of average fuel economy.

    (a) Average fuel economy will be calculated to the nearest 0.1 mpg
for the classes of automobiles identified in this section, and the
results of such calculations will be reported to the Secretary of
Transportation for use in determining compliance with the applicable
fuel economy standards.
    (1) An average fuel economy calculation will be made for the
category of passenger automobiles that is domestically manufactured as
defined in Sec.  600.511(d)(1).
    (2) An average fuel economy calculation will be made for the
category of passenger automobiles that is not domestically manufactured
as defined in Sec.  600.511(d)(2).
    (3) An average fuel economy calculation will be made for the
category of light trucks that is domestically manufactured as defined
in Sec.  600.511(e)(1).
    (4) An average fuel economy calculation will be made for the
category of light trucks that is not domestically manufactured as
defined in Sec.  600.511(e)(2).
    (b) For the purpose of calculating average fuel economy under
paragraph (c), of this section:
    (1) All fuel economy data submitted in accordance with Sec.
600.006(e) or Sec.  600.512(c) shall be used.
    (2) The combined city/highway fuel economy will be calculated for
each model type in accordance with Sec.  600.208-08 of this section
except that:
    (i) Separate fuel economy values will be calculated for model types
and base levels associated with car lines that are:
    (A) Domestically produced; and
    (B) Nondomestically produced and imported;
    (ii) Total model year production data, as required by this subpart,
will be used instead of sales projections;
    (iii) The fuel economy value of diesel-powered model types will be
multiplied by the factor 1.0 to correct gallons of diesel fuel to
equivalent gallons of gasoline;
    (iv) The fuel economy value will be rounded to the nearest 0.1 mpg;
and
    (v) At the manufacturer's option, those vehicle configurations that
are self-compensating to altitude changes may be separated by sales
into high-altitude sales categories and low-altitude sales categories.
These separate sales categories may then be treated (only for the
purpose of this section) as separate configurations in accordance with
the procedure of Sec.  600.208-08(a)(4)(ii).
    (3) The fuel economy value for each vehicle configuration is the
combined fuel economy calculated according to Sec.  600.206-08(a)(3)
except that:
    (i) Separate fuel economy values will be calculated for vehicle
configurations associated with car lines that are:
    (A) Domestically produced; and
    (B) Nondomestically produced and imported;
    (ii) Total model year production data, as required by this subpart
will be used instead of sales projections; and
    (iii) The fuel economy value of diesel-powered model types will be
multiplied by the factor 1.0 to convert gallons of diesel fuel to
equivalent gallons of gasoline.
    (c) Except as permitted in paragraph (d) of this section, the
average fuel economy will be calculated individually for each category
identified in paragraph (a) of this section as follows:
    (1) Divide the total production volume of that category of
automobiles; by
    (2) A sum of terms, each of which corresponds to a model type
within that category of automobiles and is a fraction determined by
dividing:
    (i) The number of automobiles of that model type produced by the
manufacturer in the model year; by
    (ii) For gasoline-fueled and diesel-fueled model types, the fuel
economy calculated for that model type in accordance with paragraph
(b)(2) of this section; or
    (iii) For alcohol-fueled model types, the fuel economy value
calculated for that model type in accordance with paragraph (b)(2) of
this section divided by 0.15 and rounded to the nearest 0.1 mpg; or
    (iv) For natural gas-fueled model types, the fuel economy value
calculated for that model type in accordance with paragraph (b)(2) of
this section divided by 0.15 and rounded to the nearest 0.1 mpg; or
    (v) For alcohol dual fuel model types, for model years 1993 through
2004, the harmonic average of the following two terms; the result
rounded to the nearest 0.1 mpg:
    (A) The combined model type fuel economy value for operation on
gasoline or diesel fuel as determined in Sec.  600.208(b)(5)(i); and
    (B) The combined model type fuel economy value for operation on
alcohol fuel as determined in Sec.  600.208(b)(5)(ii) divided by 0.15
provided the requirements of Sec.  600.510(g) are met; or
    (vi) For natural gas dual fuel model types, for model years 1993
through 2004, the harmonic average of the following two terms; the
result rounded to the nearest 0.1 mpg:
    (A) The combined model type fuel economy value for operation on
gasoline or diesel as determined in Sec.  600.208(b)(5)(i); and
    (B) The combined model type fuel economy value for operation on
natural gas as determined in Sec.  600.208(b)(5)(ii) divided by 0.15
provided the requirements of paragraph (g) of this section are met.

    (d) The Administrator may approve alternative calculation methods
if they are part of an approved credit plan under the provisions of 15
U.S.C. 2003.
    (e) For passenger categories identified in paragraphs (a)(1) and
(2) of this section, the average fuel economy calculated in accordance
with paragraph (c) of this section shall be adjusted using the
following equation:

AFEadj = AFE[((0.55 x a x c) + (0.45 x c) + (0.5556 x a) +
0.4487) / ((0.55 x a) + 0.45)] + IW

Where:

AFEadj = Adjusted average combined fuel economy, rounded
to the nearest 0.1 mpg.
AFE = Average combined fuel economy as calculated in paragraph (c)
of this section, rounded to the nearest 0.0001 mpg.
a = Sales-weight average (rounded to the nearest 0.0001 mpg) of all
model type highway fuel economy values (rounded to the nearest 0.1
mpg) divided by the sales-weighted average (rounded to the nearest
0.0001 mpg) of all model type city fuel economy values (rounded to
the nearest 0.1 mpg). The quotient shall be rounded to 4 decimal
places. These average fuel economies shall be determined using the
methodology of paragraph (c) of this section.
c = 0.0022 for the 1986 model year.
c = A constant value, fixed by model year. For 1987, the
Administrator will specify the c value after the necessary