used in Canada and in Europe. Fuel consumption numbers speak directly
to the amount of fuel used, to which a consumer can relate in terms of
cost when filling up.
    A fuel consumption metric also directly reflects the impacts of
fuel economy variations in very fuel efficient vehicles. Consumers that
are disappointed that their highly-rated vehicle may have fuel economy
that is 5 mpg lower than expected may have fewer concerns if they saw
that a 5 mpg difference for that vehicle really amounts to very little
difference in actual fuel consumption (and, therefore, cost at the
pump) compared with a 5 mpg difference in a vehicle with a lower mpg
rating. For example, a very fuel-efficient vehicle at 60 miles per
gallon will burn 1.67 gallons per 100 miles, whereas a vehicle
achieving 5 mpg less, at 55 miles per gallon, will burn 1.82 gallons
per 100 miles, an increase in consumption of only 0.15 gallons every
100 miles. On the other hand, a less fuel-efficient vehicle at 25 miles
per gallon will burn 4 gallons every 100 miles, whereas a vehicle
achieving 5 mpg less, at 20 mpg, will burn 5 gallons per 100 miles, an
increase of consumption of 1 gallon every 100 miles.

    The ``estimated annual fuel cost'' information on the label is
actually based on a fuel consumption metric: the cost of X number of
gallons consumed over 15,000 miles. Thus we believe the inclusion of
the estimated annual fuel cost on the label is already a valuable
metric for consumers, which relates directly to fuel consumption. Given
that we are obligated statutorily to report fuel economy in terms of
miles per gallon, we cannot change the metric on the fuel economy
label. Moreover, we believe it would be a long-term educational process
for consumers to begin to relate to the fuel consumption metric of
gallons per mile. There may be an option to also provide additional
fuel consumption information in the annual Fuel Economy Guide.
    Our experience is that consumers are very comfortable with the
miles-per-gallon estimates given on the label. We are concerned that
consumers would not understand a different fuel efficiency metric and,
without a long-term, comprehensive public awareness campaign, it would
be very confusing to the public. We also understand that some
manufacturers plan to pursue some public outreach and education in
regard to using the fuel consumption metric. At this time we view
presenting fuel consumption information on the vehicle label as a
future, long-term effort. We request comments on the gallons-per-mile
fuel consumption metric, and how it could be best used and presented
publicly, including comments on whether it should be included in the
Fuel Economy Guide.

F. Environmental Information on Fuel Economy Labels

    For a number of years, EPA has presented fuel economy and emissions
information about vehicles in the form of a 0-10 rating system on the
Green Vehicle Guide Web site (http://www.epa.gov/greenvehicles). This

information has been well-received (over 50 million ``hits'' to date)
and apparently well-understood by consumers, judging from feedback
about this site and third-party market research comparing interest in
and comprehension of such information. Some have suggested that adding
similar information to the fuel economy label would provide the
consumer with a more complete picture of the overall environmental
performance of that vehicle and provide a more graphical way to make
vehicle-to-vehicle comparisons. It would also complete the information
loop by allowing consumers to identify the vehicles on the dealer lot
that match those on the Web site with the environmental criteria they
are seeking. This would be useful because many vehicle models are
available in multiple versions that receive different Air Pollution and
Greenhouse Gas scores, and it is often difficult for the consumer to
identify these variations when buying a vehicle. When conducting the
focus group research discussed in Section IV above, participants were
shown examples of fuel economy labels that included environmental
ratings (for Air Pollution and Greenhouse Gas) and asked for their
impressions. Although there was some confusion due to the newness of
the information, there was general agreement that it could be useful in
the future. At this time, we are not proposing to require environmental
ratings on fuel economy labels. However, we are considering
implementing a voluntary environmental labeling program and request
comments on this subject. An example of how the environmental scores
could look is below:
[GRAPHIC] [TIFF OMITTED] TP01FE06.043

VI. Projected Impacts of the Proposed Requirements

A. Information and Reporting Burden

    The information and reporting burden associated with this rule
occurs within the context of EPA's motor vehicle certification program.
Current regulations require manufacturers to submit fuel economy
information to EPA in conjunction with this program. Manufacturers must
submit an application for emission certification prior to production.
The application describes the major aspects of the proposed product
line, technical details of the emission control systems, and the
results of tests to indicate compliance with the emissions limitations.
The application and supporting test results are reviewed and, if
appropriate, a certificate of conformity is issued.
    Some of the product information used to verify emission compliance
is also used, in conjunction with additional tests and projected sales,
to establish fuel economy ratings. Currently, the pertinent emissions
tests for fuel economy purposes are the FTP and the HFET. The vehicles
that are tested for emissions purposes and for fuel economy purposes
are overlapping but not identical classes: because fuel economy ratings
are based on the sales-weighted fuel economy ratings, different
vehicles may sometimes be tested to determine an appropriate average so
that its ratings accurately reflect the entire fleet.
    The fuel economy ratings used to comply with the labeling
requirements for new vehicles (40 CFR Part 600, Subpart D) are listed
by model type. These ratings are computed as the sales weighted
harmonic mean of the ``base levels'' within each model type, which in
turn are calculated as the sales weighted harmonic mean of the
configurations/sub-configurations within each base level. The criteria
for determining a configuration, sub-configuration, and base level are
set forth in the regulations. This procedure is intended to ensure that
the most representative fuel economy values are posted on new vehicles.
New vehicles are sold and therefore labeled and rated by the
manufacturer's model designation rather than the categories that
correspond to the test groups and fuel economy vehicles that are used
for generating fuel economy data.
    No changes are contemplated by this rulemaking in the methodology
for the sales-weighted calculations based on configurations of vehicles
summarized in the preceding paragraph. That methodology would simply be
extended to the additional test cycles that would be included in
calculating the label values under the five-cycle proposal. For
example, US06, SC03, and Cold FTP data would be grouped and sales

weighted in the same way that FTP and HFET data are now. The system for
reporting and calculating the resultant fuel economy label values would
be the same as that currently in use. Likewise, the requirement for
manufacturers to publish the fuel economy information on the labels of
new vehicles would be the same as the current requirements.
Consequently, the purely reporting burdens are those associated with
updating information formats and databases to comply with the new fuel
economy computations.
    To the extent that information costs are taken to include new
capital costs associated with gathering the information under the rule,
as is the case for purposes of the Paperwork Reduction Act, these costs
must also be considered. These information burdens corresponding to the
various parts of the proposal are discussed below. Additional details
are given in the Draft Technical Support Document.
1. Incorporation of Other Driving Conditions Into the City and Highway
Fuel Economy Label Calculations
    The proposal would require calculation of fuel economy values based
on the five-cycle formulae beginning with model year 2011 for some
engine families. As discussed in detail elsewhere in this preamble, for
model years 2008 through 2010, manufacturers may use the mpg-based
calculation for the five-cycle fuel economy values or they may conduct
voluntary testing. For model year 2011 and after, if the five-cycle
city and highway fuel economy values for an emission data vehicle group
are within 4 percent and 5 percent of the mpg-based regression line,
respectively, then all the vehicle configurations represented by the
emission data vehicle (e.g., all vehicles within the vehicle test
group) would use the mpg-based approach. Vehicles within a test group
falling outside the 5 percent tolerance band for highway fuel economy
values would be required to conduct US06 tests; those falling outside
the city fuel economy band would be required to conduct SC03, US06, and
Cold FTP tests. In addition, we expect that some of these vehicles
falling outside the tolerance level may be eligible to estimate fuel
economy for a given test through the application of analytically
derived fuel economy (ADFE) values. Some data is currently available
for vehicles that have conducted all five tests; based on this data,
EPA has estimated the number of vehicles for which additional testing
would be required because they fall outside the 4 and 5 percent bands,
as discussed below.
    We have prepared a range of burden estimates for this analysis and
the discussion will mention minimum and maximum burden scenarios. These
low and high estimates are intended to provide EPA's estimate of the
outer boundaries of the likely testing and information costs, and EPA
solicits comments on the basis of these estimates, including the number
of additional tests and costs for performing those tests and additional
tests that will be likely under the proposal.
    a. Testing Burden for 2008 through 2010 Model Years. EPA estimates
no additional tests during MY 2008 through MY 2010 based on the fact
that the mpg-based fuel economy estimates will be available for all
manufacturers. No additional testing would be required because
manufacturers simply apply the mpg-based scale of adjustments to the
same FTP and HFET test results that they otherwise would conduct for
the fuel economy labeling program. While manufacturers have the option
of conducting and reporting full five-cycle test results, such tests
are not required, and most manufacturers have indicated it is unlikely
they will do so. This cost analysis is limited to burdens that are
mandated by the proposal.
    b. Testing Burden for 2011 and Later Model Years. Based on MY 2004
data, 1250 fuel economy vehicles were tested with the FTP and highway
fuel economy tests. (The figure is approximate because the city FTP
test may be used and recorded primarily as a fuel economy test, an
emissions test, or both.) Data show that 330 Supplemental FTP (US06 and
SC03) tests were conducted and 220 Cold CO tests. Consequently, if all
fuel economy vehicles were required to conduct full five-cycle tests,
approximately 920 additional Supplemental FTP tests and 1,030 Cold CO
tests would be required. EPA estimates, based on an analysis of our 423
vehicle dataset, that 8 percent of the test groups will fall outside a
band of [lang][equiv]~ 4 percent of the regression for the city test
and 23 percent outside a band of [lang][equiv]~ 5 percent of the
highway regression. Taking the 2004 numbers above as a baseline, 92
percent of the additional SC03 and Cold CO tests otherwise required
would be avoided for city fuel economy; 77 percent of the additional
USO6 tests would be avoided. Thus, for example, the initial estimate of
increased testing burden for SC03 would be 8 percent of the difference
between 1250 and 330.
    The estimated cost impact of requiring cold FTP testing for light-
duty diesel vehicles (as discussed in Section V.C.1.b) is small. As an
example, in model year 2006, only five light-duty diesel vehicles were
certified for sale in the U.S. A total of eight city/highway tests were
performed on those vehicles to determine fuel economy estimates. As
applied to the 2006 model year, our proposal would require that an
additional eight cold FTP tests be performed in addition to the city/
highway tests. Our cost analysis has accounted for additional cold FTP
testing across the entire automotive industry, including diesel
vehicles.
    Finally, the high and low estimates under these assumptions are
generated by differing estimates of the effect of another feature that
will be available for MY 2011 and after: an expanded use of
analytically derived fuel economy (ADFE) as an alternative to
conducting vehicle tests. Current guidance (CCD-04-06) limits ADFE to
20 percent of the values that would otherwise be derived from tests;
the 1250 test baseline already excludes such analytically derived
results. Expanded ADFE guidance will be prepared in time for MY 2011 to
allow for derivation of fuel economy values for some of the additional
test cycles that otherwise would be required as described above. The
low and high burden estimates assumes that 20 percent and 0 percent of
the additional tests would thereby be avoided, respectively.
    c. Cost Analysis. The information and paperwork burden, consistent
with the Paperwork Reduction Act, is considered to consist of labor
hours and costs, operations and maintenance (O&M) costs, and costs
associated with gathering, reporting, and storing the information newly
mandated by this rule. These costs include the costs associated with
gathering the information that has to be reported to EPA, such as test
results, and the capital costs needed to construct and maintain
facilities to conduct the tests. It does not include other burdens
associated with compliance with the fuel economy requirements of
federal law and regulations. The analysis below follows this
conceptualization and considers capital, labor and O&M associated with
testing, and one-time startup costs primarily for information
technology and paperwork, in turn.
    i. Capital Costs. For capital costs, the largest component of the
information burden estimate, we have used an FTP facility cost of $4
million per facility able to perform 750 US06 tests per year, a cost of
$9 million for an environmental test facility able to conduct 300 to
428 SC03 tests per year, and $10 million for an environmental facility
able to conduct 300 to 428 Cold

FTP tests per year. The new tests were deemed to require these
facilities in proportion to the number of tests needed, and the costs
were then annualized over ten years with a seven percent depreciation.
This is likely a very conservative assumption since it does not attempt
to account for the current excess capacity that exists in
manufacturers' current test facilities. We assume that there is no
excess capacity in our analysis. Furthermore, consistent with other
information burden analyses for the emissions and fuel economy
programs, we have considered these as ongoing rather than startup costs
(i.e., as the facilities depreciate they are continually being
replaced). Annualized and depreciated over ten years at seven percent,
these capital costs per year under the above analysis are $0 for each
of model years 2008, 2009 and 2010, and range from $524,000 to $866,000
per year for model years 2011 and after.
    ii. Labor and Operations and Maintenance (O&M) Costs. For the labor
and O&M costs of conducting tests, costs and hours for the differing
categories are derived from prior Information Collection Requests
submitted for EPA's light duty certification program. Those estimates
are based on the number of tests and the hours of labor used at EPA's
testing facility combined with industry data supplied in response to
questionnaires; these have been somewhat adjusted to reflect current
information. These costs are estimated to range from $1,860 to $2,441
per test. These costs per test are applied to the numbers of tests
estimated under the minimum and maximum scenarios above, and amount to
$606,000 to $757,000 and 8,800 to 11,000 hours per year for MY 2011 and
after.
    iii. Startup Costs. The incremental startup costs and hours, in
contrast, are considered to be one-time costs beginning with model year
2008. These startup burdens are primarily information technology and
paperwork costs involving familiarization with the new data reporting
requirements and reformatting management information systems to carry
out and report the necessary data and calculations. All these burdens
are add-ons to well established reporting requirements: manufacturers
already submit data to EPA on all five test cycles, have the option of
applying analytically derived fuel economy numbers, and report vehicle
class determinations and supporting information. These costs also
include one-time costs for implementing US06 split phase sampling, as
described in Section V of this preamble, which entails software and
instrumentation reprogramming and a limited number of US06 validation
tests. EPA estimates all startup costs, depreciated at 7 percent and
annualized over ten years, as $526,100 to $614,900 and 3,800 to 4,700
hours.
2. Revised Label Format and New Information Included
    The reporting and recordkeeping requirements associated with the
fuel economy label are set forth in 40 CFR sections 600.312 to 600.314.
These sections require that manufacturers supply EPA with the label
values and the data used to derive them, and provide schedules for the
updating of this information. Under the proposed rule, these values
will be recalculated and new data will be submitted. The costs for
these efforts are very minimal and are addressed above. There will be a
one-time set-up charge associated with the new label format based on
the effort required for each manufacturer to apply the new EPA
templates to the labels they must print. This cost item has been
included in the paperwork startup costs portion of the cost analysis.
3. Reporting of Fuel Economy Data for SC03, US06 and Cold CO Tests
    Current regulations do not require manufacturers to measure and
report fuel economy values for vehicles undergoing the SC03, US06, and
Cold FTP. The proposed rule would require fuel economy values to be
reported, along with the existing reporting requirements, under these
tests whenever they are conducted. Providing this additional
information is not expected to involve any additional capital or
operating costs for manufacturers because the fuel economy data can be
obtained without any modification of these test procedures and without
the need for any new testing equipment. The only burden associated with
this new requirement would be an initial startup paperwork burden of
modifying information and reporting systems to report and store the
fuel economy results for these tests. These burdens are included within
the paperwork and information burden estimate in Section VI.A.1 above.
4. Impact on Confirmatory Testing
    Confirmatory testing is additional testing performed either by EPA
or by the manufacturer to confirm the results of the initial vehicle
tests. EPA regulations describe confirmatory testing of fuel economy
vehicles in 40 CFR 600.008-01 and of emission certification vehicles in
40 CFR 86.1835-01. We are not proposing to change those regulations in
today's proposal, but we need to consider the potential burden impact
of today's proposal based on these existing regulations. There are two
primary considerations.
    First, the regulations permit EPA to perform confirmatory testing
of any vehicle. EPA's policy is to randomly test a small percentage of
vehicles and other targeted vehicles (such as new-technology vehicles
or previously uncertified models). EPA performs confirmatory testing on
roughly ten percent of the vehicles that the manufacturers test. The
cost to manufacturers associated with EPA confirmatory testing includes
the cost of preparing and transporting vehicles to EPA testing
facilities. (EPA bears the burden of testing). EPA is not proposing to
increase the number of vehicles it targets for confirmatory testing;
thus no additional burden is anticipated.
    Second, manufacturers are required to perform their own
confirmatory testing using criteria specified in the regulations,
including failed or high emission levels, unexpectedly high fuel
economy, fuel economy leader within class, and fuel economy near the
Gas Guzzler tax threshold. The only criterion that could potentially
cause an increase in the number of manufacturer-performed confirmatory
tests under the proposal is failed or high emission levels. This is
because more US06, SC03 and Cold CO tests will be needed to determine
the label estimates, thus increasing the possibility for failed or high
emission levels. This possibility is slight, however, and very
difficult to quantify. Thus we do not anticipate any additional burden.
In the event that confirmatory testing is increased as a result of
today's proposed rule, this will be reflected in the next renewal
request for EPA information collection authorization.

B. Fees

    Under the Clean Air Act, EPA collects fees to cover its costs of
issuing certificates of conformity for the classes of vehicles and
engines covered by this proposal. On May 11, 2004, EPA updated its fees
based upon a study of the costs associated with its motor vehicle and
engine compliance program (69 FR 51402). At the time that cost study
was conducted the current rulemaking was not considered.
    The proposed rule does not place additional burden upon the EPA.
There may be a slight increase in compliance testing when the rule is
initially implemented, but it is expected to be minimal. Because EPA
does not expect an increase in the costs of the motor

vehicle and compliance program at this time, there will be no increase
in the fees collected as a result of this proposal. We may need to add
additional testing capacity at our laboratory facilities in the future.
EPA will monitor its compliance testing and associated costs and, if
necessary, in the future may change fees by rulemaking to include these
new costs.

C. Aggregate Costs

    Aggregate annual costs, as discussed above and summarized in Table
VI-1 below, are estimated to be between $526,000 and $2.2 million.

                                          Table VI-1.--Aggregate Costs
----------------------------------------------------------------------------------------------------------------
                                                               MY 2008 through MY 2010      MY 2011 and after
                        Cost element                         ---------------------------------------------------
                                                                Minimum      Maximum      Minimum      Maximum
----------------------------------------------------------------------------------------------------------------
Test Volume.................................................           $0           $0     $605,672     $757,090
Facilities..................................................            0            0      524,112      866,111
Startup.....................................................      526,128      614,928      526,128      614,928
                                                             --------------
    Total...................................................      526,128      614,928    1,655,122    2,238,129
----------------------------------------------------------------------------------------------------------------

VII. Public Participation

    This rule is being proposed under the authority of the Energy
Policy and Conservation Act (EPCA),\68\ and Section 774 of the Energy
Policy Act of 2005.\69\ We request comment on all aspects of this
proposal. This section describes how you can participate in this
process.
---------------------------------------------------------------------------

    \68\ See 49 U.S.C. 32908.
    \69\ See Pub. L. 109-58, 119 Stat. 835 (2005).
---------------------------------------------------------------------------

A. How and To Whom Do I Submit Comments?

    We are opening a formal comment period by publishing this document.
We will accept comments for the period indicated under DATES above. If
you have an interest in the program described in this document, we
encourage you to comment on any aspect of this rulemaking.
    Your comments will be most useful if you include appropriate and
detailed supporting rationale, data, and analysis. If you disagree with
parts of the proposal, we encourage you to suggest and analyze
alternate approaches to meeting the goals described in this proposal.
You should send all comments, except those containing proprietary
information, to our Air Docket (see ADDRESSES) before the end of the
comment period.
    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the body of your comment.
Submit your comments within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. If you wish to
submit CBI or information that is otherwise protected by statute,
please follow the instructions in Section VI.B below. Do not use EPA
Dockets or e-mail to submit CBI or information protected by statute.
1. Electronically
    If you submit an electronic comment as prescribed below, we
recommend that you include your name, mailing address, and an e-mail
address or other contact information in the body of your comment. Also
include this contact information on the outside of any disk or CD-ROM
you submit, and in any cover letter accompanying the disk or CD-ROM.
This ensures that you can be identified as the submitter of the comment
and allows us to contact you if we cannot read your comment or if we
need further information on the substance of your comment. Our policy
is that we will not edit your comment; any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket and made
available in EPA's electronic public docket. If we cannot read your
comment due to technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment.
    a. EPA Dockets. To submit comments to EPA's electronic public
docket, go directly to the Federal Docket Management System at http://www.regulations.gov
 and follow the online instructions for submitting

comments. Direct your comments to Docket ID No. EPA-HQ-OAR-2005-0169.
The system is an ``anonymous access'' system, which means we will not
know your identity, e-mail address, or other contact information unless
you provide it in the body of your comment.
    b. Disk or CD-ROM. You may submit comments on a disk or CD-ROM that
you send to the mailing address identified in Section VI.A.2 below.
Avoid the use of special software, characters, and any form of
encryption.
2. By Mail
    Send your comments to: Environmental Protection Agency, EPA Docket
Center (EPA/DC), Air and Radiation Docket, Mail Code 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No.
EPA-HQ-OAR-2005-0169.
3. By Hand Delivery or Courier
    Deliver your comments to: EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC, Attention
Docket ID No. EPA-HQ-OAR-2005-0169. Such deliveries are only accepted
during the Docket's normal hours of operation from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. Special
arrangements should be made for deliveries of boxed information.

B. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be confidential
business information (CBI) electronically through EPA's electronic
public docket or by e-mail. Send or deliver information identified as
CBI only to the following address: U.S. Environmental Protection
Agency, Assessment and Standards Division, 2000 Traverwood Drive, Ann
Arbor, MI 48105, Attention Docket No. EPA-HQ-OAR-2005-0169. You may
claim information that you submit to EPA as CBI by marking any part or
all of that information as CBI (if you submit CBI on disk or CD-ROM,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of

the comment that does not contain the information claimed as CBI must
be submitted for inclusion in the public docket and EPA's electronic
public docket. If you submit the copy that does not contain CBI on disk
or CD-ROM, mark the outside of the disk or CD-ROM clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and EPA's electronic public docket without prior notice.
If you have any questions about CBI or the procedures for claiming CBI,
please consult the person identified in the FOR FURTHER INFORMATION
CONTACT section.

C. Will There Be a Public Hearing?

    We will hold a public hearing on this proposal on March 3, 2006 in
Ann Arbor, Michigan. The hearing will start at 10 a.m. and continue
until testimony is complete. See ADDRESSES above for location and phone
information.
    If you would like to present testimony at a public hearing, we ask
that you notify the contact person listed above at least ten days
before the hearing. You should estimate the time you need for your
presentation and identify any needed audio/visual equipment. We suggest
that you bring copies of your statement or other material for the EPA
panel and the audience. It would also be helpful if you send us a copy
of your statement or other materials before the hearing.
    We will make a tentative schedule for the order of testimony based
on the notification we receive. This schedule will be available on the
morning of each hearing. In addition, we will reserve a block of time
for anyone else in the audience who wants to give testimony.
    We will conduct the hearing informally, and technical rules of
evidence won't apply. We will arrange for a written transcript of the
hearing and keep the official record of the hearing open for 30 days to
allow you to submit supplementary information. You may make
arrangements for copies of the transcript directly with the court
reporter.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 the Agency must determine whether the
regulatory action is ``significant'' and therefore subject to review by
the Office of Management and Budget (OMB) and the requirements of this
Executive Order. The Executive Order defines a ``significant regulatory
action'' as any regulatory action that is likely to result in a rule
that may:
     Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or
communities;
     Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
     Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
     Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    A Draft Technical Support Document has been prepared and is
available in the docket for this rulemaking and at the internet address
listed under ADDRESSES above. Pursuant to the terms of Executive Order
12866, OMB has notified EPA that it considers this a ``significant
regulatory action'' within the meaning of the Executive Order. EPA has
submitted this action to OMB for review. Changes made in response to
OMB suggestions or recommendations will be documented in the public
record.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) documents prepared by EPA have
been assigned EPA ICRs number 0783.48 (OMB control number 2060-0104)
and 2211.01.
1. ICR 0783.48
    The information collection burden associated with this rule
(testing, recordkeeping and reporting requirements) is estimated to
total between 3,703 and 15,634 hours yearly, and between $1,639,965 and
$2,222,183 yearly ($510,181 to $598,982 for each of calendar years 2008
and 2009). This includes $10,290,300 in one-time startup and ongoing
capital costs for test facilities annualized over ten years and
depreciated at 7 percent for the highest estimate. The annual costs and
hours for information collection activities by a given manufacturer
under any of the options in this proposed rule depend upon
manufacturer-specific variables, such as the number of different test
groups and the number of vehicles tested for fuel economy
determinations. The estimated number of likely respondent manufacturers
is 35. The responses will be submitted annually as a part of the
existing EPA certification and fuel economy process. Burden means the
total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
2. ICR 2211.01
    EPA is planning to conduct a series of focus groups as a result of
comments received on the proposed label design formats. The specific
questions to be asked of the groups will depend upon the comments
received, but will generally fall into the areas described in the
following two sections.
    a. Fuel Economy Background Questions. These questions will be
designed to assess the respondents' familiarity with the current fuel
economy label and to lay the groundwork for the discussion about the
revised labels. Examples of possible questions are: Have they seen the
city and highway numbers anywhere else besides the label? If so, where?
What do the various pieces of information on the label mean? Is this
information useful? What is their overall opinion of the label? What
improvements would they make?
    b. Questions About New Label Designs. These questions could be
either about those designs proposed by EPA or variations thereof, if
indicated by the comments received on the proposal. Examples of
possible questions are: What is their first impression of the label? Do
they think the new label(s) looks better than the old label? Is it more
easy to understand and, if so, why? Is any of the information presented
in a better way or a more confusing way? Is any one of the alternatives
better/worse than the others?
    The information from the focus groups would be used as additional
information to guide EPA in

determining the final fuel economy label format. The burden associated
with conducting the focus groups can be roughly estimated, based on the
assumption that there would be 10 groups total with 9 participants in
each group. The groups would be situated at about 5 different
geographical locations. Each group would take about 2 hours, with an
additional 2 hours allotted for traveling and screening. The
participants would be chosen based on some very nominal screening
criteria, such as having a valid driver's license and owning or leasing
a vehicle. The screening would be done via telephone, and take no
longer than 30 minutes. Thus the burden associated with the focus
groups would be approximately 4.5 hours per participant, for a total of
about 405 burden-hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this rule, which
includes these ICRs, under Docket ID number EPA-HQ-OAR-2005-0169.
Submit any comments related to the ICRs for this proposed rule to EPA
and OMB. See ADDRESSES section at the beginning of this notice for
where to submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after February 1, 2006, a comment to OMB is best
assured of having its full effect if OMB receives it by March 3, 2006.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administration (SBA) by category of business
using North America Industrial Classification System (NAICS) and
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that
is a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. A small
business that manufactures automobiles has a NAIC code of 336111. Based
on Small Business Administration size standards, a small business for
this NAIC code is defined as a manufacturer having less than 1000
employees. Out of a total of approximately 80 automotive manufacturers
subject to today's proposal, EPA estimates that approximately 10 of
these could be classified as small entities based on SBA size
standards. Unlike large manufacturers with complex and diverse product
lines, we expect that the small entities (generally these are vehicle
importers and vehicle converters) will be able use the results of tests
they are already conducting for emissions compliance to satisfy the
proposed fuel economy labeling requirements. Therefore, we expect that
these small entities will face minimal additional burden due to the
proposed fuel economy labeling requirements.
    Independent Commercial Importers (ICIs) have averaged about 50
imported engine families per year for the last three model years. There
are approximately 10 ICIs subject to today's proposal. If we assume
that the ICIs and other small entities account for five percent of the
vehicle models for which fuel economy labels are needed (a proportion
that is certainly an overestimate, but useful for placing an upper
bound on the estimated cost impacts for small entities), then these
entities must generate about 65 different fuel economy labels. Using
the total estimated costs from Section VI of this preamble, the average
annual cost per labeled vehicle configuration is about $1280-$1760, and
the total annual cost for 20 small entities can be estimated to be
$85,000-$114,000. The total average annual cost for an individual
importer or small manufacturer can therefore be estimated to be a
maximum of $4,250-$5,700. We have recently collected data on the
currently operating small entities in the ICI and vehicle conversion
categories; this data indicates that the average annual revenue for
these companies is approximately $4.8 million. Therefore, the projected
cost increase is a maximum of 0.12 percent of the average revenue for
small importers or manufacturers. Because of the limited range of
vehicle configurations typically offered by these small entities, we
believe that the maximum cost for these entities will be even lower
than the low end of the ranges shown above. Our methodology for
estimating costs in Section VI assumes that manufacturers have diverse
product lines, and thus ultimately will need to perform some level of
additional testing in 2011 and later model years. Using costs based on
such an assumption will tend to overestimate costs for ICIs and vehicle
converters, who typically produce or import a single model or
configuration.
    Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities.
Additionally, there are numerous existing regulatory relief provisions
in the emissions compliance regulations for such small entities. Those
provisions remain in effect and would not be impacted by today's
proposed rule. We continue to be interested in the potential impacts of
the proposed rule on small entities and welcome comments on issues
related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives, and to
adopt the least costly, most cost-effective, or least

burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least costly, most cost-effective, or least
burdensome alternative if the Administrator publishes with the final
rule an explanation of why that alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments.
    We have determined that this rule does not contain a federal
mandate that may result in expenditures of more than $100 million to
the private sector in any single year. We believe that this proposed
rule represents the least costly, most cost effective approach to
achieve the goals of the proposed rule. The costs are discussed in
Section VI and in the Draft Technical Support Document.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
    Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
expressed or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
    This rule does not have tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and impose compliance costs only on engine manufacturers and ship
builders. Tribal governments will be affected only to the extent they
purchase and use equipment with regulated engines. Thus, Executive
Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Risks Health and Safety

    Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, Section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
    This proposed rule is not subject to the Executive Order because it
does not involve decisions on environmental health or safety risks that
may disproportionately affect children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), because it is not likely to have a significant effect
on the supply, distribution, or use of energy. As specifically stated
in section I.D, the proposed regulations do not affect the CAFE
program. The proposed regulations do not require manufacturers to
improve or otherwise change the fuel economy of their vehicles. The
purpose of this proposal is to provide consumers with better
information on which to base their vehicle purchasing decisions.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB,

explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
    EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.

IX. Statutory Provisions and Legal Authority

    Statutory authority for the fuel economy labeling program proposed
today can be found in 42 U.S.C. 7401-7671q.

List of Subjects

40 CFR Part 86

    Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.

40 CFR Part 600

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

    Dated: January 10, 2006.
Stephen L. Johnson,
Administrator.
    For the reasons set forth in the preamble, we propose to amend
parts 86 and 600 of title 40 of the Code of Federal Regulations as
follows:

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

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

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

Subpart B--[Amended]

    2. A new Sec.  86.158-08 is added to read as follows:

Sec.  86.158-08  Supplemental Federal Test Procedures; overview.

    The procedures described in Sec. Sec.  86.158-08, 86.159-08,
86.160-00, and 86.162-00 discuss the aggressive driving (US06) and air
conditioning (SC03) elements of the Supplemental Federal Test
Procedures (SFTP). These test procedures consist of two separable test
elements: A sequence of vehicle operation that tests exhaust emissions
with a driving schedule (US06) that tests exhaust emissions under high
speeds and accelerations (aggressive driving); and a sequence of
vehicle operation that tests exhaust emissions with a driving schedule
(SC03) which includes the impacts of actual air conditioning operation.
These test procedures (and the associated standards set forth in
subpart S of this part) are applicable to light-duty vehicles and
light-duty trucks.
    (a) Vehicles are tested for the exhaust emissions of THC, CO,
NOX, CH4, and CO2. For diesel-cycle
vehicles, THC is sampled and analyzed continuously according to the
provisions of Sec.  86.110.
    (b) Each test procedure follows the vehicle preconditioning
specified in Sec.  86.132-00.
    (c) US06 Test Cycle. The test procedure for emissions on the US06
driving schedule (see Sec.  86.159-00) is designed to determine gaseous
exhaust emissions from light-duty vehicles and light-duty trucks while
simulating high speed and acceleration on a chassis dynamometer
(aggressive driving). The full test consists of preconditioning the
engine to a hot stabilized condition, as specified in Sec.  86.132-00,
and an engine idle period of 1 to 2 minutes, after which the vehicle is
accelerated into the US06 cycle. A proportional part of the diluted
exhaust is collected continuously in two bag samples, one representing
US06 city driving and the other representing US06 highway driving, for
subsequent analysis, using a constant volume (variable dilution)
sampler or critical flow venturi sampler. For petroleum-fueled diesel-
cycle vehicles for which THC is sampled and analyzed continuously
according to the provisions of Sec.  86.110, the analytical system
shall be configured to calculate THC for the US06 City phase and the
US06 Highway phase as described in Sec.  86.159-08.
    (d) SC03 Test Cycle. The test procedure for determining exhaust
emissions with the air conditioner operating (see Sec.  86.160-00) is
designed to determine gaseous exhaust emissions from light-duty
vehicles and light-duty trucks while simulating an urban trip during
ambient conditions of 95 [deg]F, 100 grains of water/pound of dry air
(approximately 40 percent relative humidity), and a solar heat load
intensity of 850 W/m2. The full test consists of vehicle
preconditioning (see Sec.  86.132-00 paragraphs (o)(1) and (2)), an
engine key-off 10 minute soak, an engine start, and operation over the
SC03 cycle. A proportional part of the diluted exhaust is collected
continuously during the engine start and the SC03 driving cycle for
subsequent analysis, using a constant volume (variable dilution)
sampler or critical flow venturi sampler.
    (e) The emission results from the aggressive driving test (Sec.
86.159-08), air conditioning test (Sec.  86.160-00), and a FTP test
(Sec.  86.130-00 (a) through (d) and (f)) (conducted on a large single
roll or equivalent dynamometer) are analyzed according to the
calculation methodology in Sec.  86.164-08 and compared to the
applicable SFTP emission standards in subpart A of this part
(Sec. Sec.  86.108-00 and 86.109-00).
    (f) These test procedures may be run in any sequence that maintains
the applicable preconditioning elements specified in Sec.  86.132-00.
    3. A new Sec.  86.159-08 is added to read as follows:

Sec.  86.159-08  Exhaust emission test procedures for US06 emissions.

    (a) Overview. The dynamometer operation consists of a single, 600
second test on the US06 driving schedule, as described in appendix I,
paragraph (g), of this part. The vehicle is preconditioned in
accordance with Sec.  86.132-00, to bring it to a warmed-up stabilized
condition. This preconditioning is followed by a 1 to 2 minute idle
period that proceeds directly into the US06 driving schedule during
which continuous proportional samples of gaseous emissions are
collected for analysis. The US06 test is divided into three periods
collected in two bag samples. The first period, representing the first
portion of city driving, terminates at the end of the deceleration
which is scheduled to occur at 128 seconds of the driving schedule. The
second period, representing highway driving, starts at the conclusion
of the first phase of city driving and terminates at the end of the
deceleration which is scheduled to occur at 493 seconds of the driving
schedule. The third period, representing the second portion of city
driving, consists of the remainder of the driving schedule including
engine shutdown. The first period and the third period are collected in
one bag sample, representing ``US06 city'' driving, and the second
period is collected in a second bag sample, representing ``US06
highway'' driving. If engine stalling should occur during cycle
operation, follow the provisions of Sec.  86.136-90 (engine starting
and restarting). For gasoline-fueled Otto-cycle vehicles, the composite
samples collected in bags are analyzed for THC, CO, CO2,
CH4, and NOX. For petroleum-fueled diesel-cycle
vehicles, THC is sampled and analyzed continuously according to the
provisions of Sec.  86.110. Parallel bag samples of dilution air are
analyzed for

THC, CO, CO2, CH4, and NOX. For
petroleum-fueled diesel-cycle vehicles for which THC is sampled and
analyzed continuously according to the provisions of Sec.  86.110, the
analytical system shall be configured to calculate THC for the US06
City phase and the US06 Highway phase as described in Sec.  86.159-08.
    (b) Dynamometer activities. (1) All official US06 tests shall be
run on a large single roll electric dynamometer, or an approved
equivalent dynamometer configuration, that satisfies the requirements
of Sec.  86.108-00.
    (2) Position (vehicle can be driven) the test vehicle on the
dynamometer and restrain.
    (3) Required US06 schedule test dynamometer inertia weight class
selections are determined by the test vehicles test weight basis and
corresponding equivalent weight as listed in the tabular information of
Sec.  86.129-94(a) and discussed in Sec.  86.129-00(e) and (f).
    (4) Set the dynamometer test inertia weight and roadload horsepower
requirements for the test vehicle (see Sec.  86.129-00(e) and (f)). The
dynamometer's horsepower adjustment settings shall be set to match the
force imposed during dynamometer operation with actual road load force
at all speeds.
    (5) The vehicle speed as measured from the dynamometer rolls shall
be used. A speed vs. time recording, as evidence of dynamometer test
validity, shall be supplied on request of the Administrator.
    (6) The drive wheel tires may be inflated up to a gauge pressure of
45 psi (310 kPa), or the manufacturer's recommended pressure if higher
than 45 psi, in order to prevent tire damage. The drive wheel tire
pressure shall be reported with the test results.
    (7) The driving distance, as measured by counting the number of
dynamometer roll or shaft revolutions, shall be determined for the
test.
    (8) Four-wheel drive vehicles will be tested in a two-wheel drive
mode of operation. Full-time four-wheel drive vehicles will have one
set of drive wheels temporarily disengaged by the vehicle manufacturer.
Four-wheel drive vehicles which can be manually shifted to a two-wheel
mode will be tested in the normal on-highway two-wheel drive mode of
operation.
    (9) During dynamometer operation, a fixed speed cooling fan with a
maximum discharge velocity of 15,000 cfm will be positioned so as to
direct cooling air to the vehicle in an appropriate manner with the
engine compartment cover open. In the case of vehicles with front
engine compartments, the fan shall be positioned within 24 inches (61
centimeters) of the vehicle. In the case of vehicles with rear engine
compartments (or if special designs make the above impractical), the
cooling fan(s) shall be placed in a position to provide sufficient air
to maintain vehicle cooling. The Administrator may approve modified
cooling configurations or additional cooling if necessary to
satisfactorily perform the test. In approving requests for additional
or modified cooling, the Administrator will consider such items as
actual road cooling data and whether such additional cooling is needed
to provide a representative test.
    (c) The flow capacity of the CVS shall be large enough to virtually
eliminate water condensation in the system.
    (d) Practice runs over the prescribed driving schedule may be
performed at test point, provided an emission sample is not taken, for
the purpose of finding the appropriate throttle action to maintain the
proper speed-time relationship, or to permit sampling system
adjustment.
    (e) Perform the test bench sampling sequence outlined in Sec.
86.140-94 prior to or in conjunction with each series of exhaust
emission measurements.
    (f) Test activities. (1) The US06 consists of a single test which
is directly preceded by a vehicle preconditioning in accordance with
Sec.  86.132-00. Following the vehicle preconditioning, the vehicle is
idled for not less than one minute and not more than two minutes. The
equivalent dynamometer mileage of the test is 8.0 miles (1.29 km).
    (2) The following steps shall be taken for each test:
    (i) Immediately after completion of the preconditioning, idle the
vehicle. The idle period is not to be less than one minute or not
greater than two minutes.
    (ii) With the sample selector valves in the ``standby'' position,
connect evacuated sample collection bags to the dilute exhaust and
dilution air sample collection systems.
    (iii) Start the CVS (if not already on), the sample pumps, the
temperature recorder, the vehicle cooling fan, and the heated THC
analysis recorder (diesel-cycle only). The heat exchanger of the
constant volume sampler, if used, petroleum-fueled diesel-cycle THC
analyzer continuous sample line should be preheated to their respective
operating temperatures before the test begins.
    (iv) Adjust the sample flow rates to the desired flow rate and set
the gas flow measuring devices to zero.
    (A) For gaseous bag samples (except THC samples), the minimum flow
rate is 0.17 cfm (0.08 liters/sec).
    (B) For THC samples, the minimum FID (or HFID in the case of
diesel-cycle vehicles) flow rate is 0.066 cfm (0.031 liters/sec).
    (C) CFV sample flow rate is fixed by the venturi design.
    (v) Attach the exhaust tube to the vehicle tailpipe(s).
    (vi) Start the gas flow measuring device, position the sample
selector valves to direct the sample flow into the exhaust sample bag,
the dilution air sample bag, turn on the petroleum-fueled diesel-cycle
THC analyzer system integrator, mark the recorder chart, and record
both gas meter or flow measurement instrument readings, (if
applicable).
    (vii) Place vehicle in gear after starting the gas flow measuring
device, but prior to the first acceleration. Begin the first
acceleration 5 seconds after starting the measuring device.
    (viii) Operate the vehicle according to the US06 driving schedule,
as described in appendix I, paragraph (g), of this part. Manual
transmission vehicles shall be shifted according to the manufacturer
recommended shift schedule, subject to review and approval by the
Administrator. For further guidance on transmissions see Sec.  86.128-
00.
    (ix) At the end of the deceleration which is scheduled to occur at
128 seconds, simultaneously switch the sample flows from the ``US06
city'' bags and samples to the ``US06 highway'' bags and samples,
switch gas flow measuring device No. 1 (and the petroleum-fueled diesel
hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel
hydrocarbon recorder chart if applicable) to ``standby'' mode, and
start gas flow measuring device No. 2 (and the petroleum-fueled diesel
hydrocarbon integrator No. 2 if applicable). Before the acceleration
which is scheduled to occur at 136 seconds, record the measured roll or
shaft revolutions.
    (x) At the end of the deceleration which is scheduled to occur at
493 seconds, simultaneously switch the sample flows from the ``US06
highway'' bags and samples to the ``US06 city'' bags and samples,
switch off gas flow measuring device No. 2 (and the petroleum-fueled
diesel hydrocarbon integrator No. 2 and mark the petroleum-fueled
diesel hydrocarbon recorder chart if applicable), and start gas flow
measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon
integrator No. 1 if applicable). Before the acceleration which is
scheduled to occur at 501

seconds, record the measured roll or shaft revolutions and the No. 2
gas meter reading or flow measurement instrument. As soon as possible
transfer the ``US06 highway'' exhaust and dilution air bag samples to
the analytical system and process the samples according to Sec.
86.140-94 obtaining a stabilized reading of the bag exhaust sample on
all analyzers within 20 minutes of the end of the sample collection
phase of the test.
    (xi) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
    (xii) Five seconds after the engine stops running, simultaneously
turn off gas flow measuring device No. 1 (and the petroleum-fueled
diesel hydrocarbon integrator No. 1 and mark the petroleum-fueled
diesel hydrocarbon recorder chart if applicable) and position the
sample selector valves to the ``standby'' position. Record the measured
roll or shaft revolutions and the No. 1 gas meter reading or flow
measurement instrument.
    (xiii) As soon as possible, transfer the ``US06 city'' exhaust and
dilution air bag samples to the analytical system and process the
samples according to Sec.  86.140-94 obtaining a stabilized reading of
the bag exhaust sample on all analyzers within 20 minutes of the end of
the sample collection phase of the test.
    (xiv) Immediately after the end of the sample period, turn off the
cooling fan, close the engine compartment cover, disconnect the exhaust
tube from the vehicle tailpipe(s), and drive the vehicle from
dynamometer.
    (xv) The CVS or CFV may be turned off, if desired.
    4. A new Sec.  86.164-08 is added to read as follows:

Sec.  86.164-08  Supplemental Federal Test Procedure calculations.

    (a) The provisions of Sec.  86.144-94(b) and (c) are applicable to
this section except that the NOX humidity correction factor
of Sec.  86.144-94(c)(7)(iv) must be modified when adjusting SC03
environmental test cell NOX results to 100 grains of water
(see paragraph (d) of this section). These provisions provide the
procedures for calculating mass emission results of each regulated
exhaust pollutant for the test schedules of FTP, US06, and SC03.
    (b) The provisions of Sec.  86.144-94(a) are applicable to this
section. These provisions provide the procedures for determining the
weighted mass emissions for the FTP test schedule (Ywm).
    (c)(1) When the test vehicle is equipped with air conditioning, the
final reported test results for the SFTP composite
(NMHC+NOX) and optional composite CO standards shall be
computed by the following formulas.

(i) YWSFTP=0.35(YFTP) +
0.37(YSC03)+0.28(YUS06)

Where:

(A) YWSFTP=Mass emissions per mile for a particular
pollutant weighted in terms of the contributions from the FTP, SC03,
and US06 schedules. Values of YWSFTP are obtained for each
of the exhaust emissions of NMHC, NOX, and CO.
(B) YFTP=Weighted mass emissions per mile (Ywm)
based on the measured driving distance of the FTP test schedule.
(C) YSC03=Calculated mass emissions per mile based on the
measured driving distance of the SC03 test schedule.
(D) YUS06=Calculated mass emissions per mile, using the
summed mass emissions of the ``US06 city'' phase (sampled during
seconds 1-128 and seconds 494-600 of the US06 driving schedule) and the
``US06 highway'' phase (sampled during seconds 129-493 of the US06
driving schedule), based on the measured driving distance of the US06
test schedule.

(ii) Composite (NMHC+NOX)
=YWSFTP(NMHC)+YWSFTP(NOX)

Where:

(A) YWSFTP(NMHC)=results of paragraph (c)(1)(i) of this
section for NMHC.
(B) YWSFTP(NOX)=results of paragraph (c)(1)(i) of
this section for NOX.

    (2) When the test vehicle is not equipped with air conditioning,
the relationship of paragraph (c)(1)(i) of this section is:

    (i) YWSFTP=0.72(YFTP)+0.28(YUS06)

Where:

(A) YWSFTP=Mass emissions per mile for a particular
pollutant weighted in terms of the contributions from the FTP and US06
schedules. Values of YWSFTP are obtained for each of the
exhaust emissions of NMHC, NOX. and CO.
(B) YFTP=Weighted mass emissions per mile (Ywm)
based on the measured driving distance of the FTP test schedule.
(C) YUS06=Calculated mass emissions per mile, using the
summed mass emissions of the ``US06 city'' phase (sampled during
seconds 1-128 and seconds 494-600 of the US06 driving schedule) and the
``US06 highway'' phase (sampled during seconds 129-493 of the US06
driving schedule), based on the measured driving distance of the US06
test schedule.

(ii) Composite (NMHC+NOX)=
YWSFTP(NMHC)+YWSFTP(NOX)

Where:

(A) YWSFTP(NMHC)=results of paragraph (c)(2)(i) of this
section for NMHC.
(B) YWSFTP(NOX)=results of paragraph (c)(2)(i) of
this section for NOX.
    (d) The NOX humidity correction factor for adjusting
NOX test results to the environmental test cell air
conditioning ambient condition of 100 grains of water/pound of dry air
is:

KH (100)=0.8825/[1-0.0047(H-75)]

Where:

H=measured test humidity in grains of water/pound of dry air.

PART 600--FUEL ECONOMY OF VEHICLES

    5. The authority citation for part 600 is revised to read as
follows:

    Authority: 49 U.S.C. 32901-23919q.

Subpart A--[Amended]

    6. A new Sec.  600.001-08 is added to read as follows:

Sec.  600.001-08  General applicability.

    (a) The provisions of this subpart are applicable to 2008 and later
model year automobiles.
    (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.
    7. A new Sec.  600.002-08 is added to read as follows:

Sec.  600.002-08  Definitions.

    3-bag FTP means the Federal Test Procedure specified in 40 CFR Part
86, with three sampling portions consisting of the cold-start transient
(``Bag 1''), stabilized (``Bag 2''), and hot-start transient phases
(``Bag 3'').
    4-bag FTP means the 3-bag FTP, with the addition of a sampling
portion for the hot-start stabilized phase (``Bag 4'').
    5-cycle means the FTP, HFET, US06, SC03 and cold temperature FTP
tests as described in subpart B of this part.
    Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.

    Alcohol means a mixture containing 85 percent or more by volume
methanol, ethanol, or other alcohols, in any combination.
    Alcohol-fueled automobile means an automobile designed to operate
exclusively on alcohol.
    Alcohol dual fuel automobile means an automobile:
    (1) Which is designed to operate on alcohol and on gasoline or
diesel fuel;
    (2) Which provides equal or greater energy efficiency as calculated
in accordance with Sec.  600.510(g)(1) while operating on alcohol as it
does while operating on gasoline or diesel fuel;
    (3) Which, for model years 1993 through 1995, provides equal or
superior energy efficiency, as determined in Sec.  600.510(g)(2) while
operating on a mixture of alcohol and gasoline or diesel fuel
containing 50 percent gasoline or diesel fuel as it does while
operating on gasoline or diesel fuel; and
    (4) Which, in the case of passenger automobiles, meets or exceeds
the minimum driving range established by the Department of
Transportation in 49 CFR part 538.
    Automobile means:
    (1) Any four-wheel vehicle propelled by a combustion engine using
onboard fuel, or by an electric motor drawing current from rechargeable
storage batteries or other portable energy storage devices
(rechargeable using energy from a source off the vehicle such as
residential electric service);
    (2) Which is manufactured primarily for use on public streets,
roads, or highways (except any vehicle operated on a rail or rails);
    (3) Which is rated at not more than 8,500 pounds gross vehicle
weight, which has a curb weight of not more than 6,000 pounds, and
which has a basic vehicle frontal area of not more than 45 square feet;
or
    (4) Is a type of vehicle which the Secretary of Transportation
determines is substantially used for the same purposes.
    Auxiliary emission control device (AECD) means an element of design
as defined in part 86 of this chapter.
    Average fuel economy means the unique fuel economy value as
computed under Sec.  600.510 for a specific class of automobiles
produced by a manufacturer that is subject to average fuel economy
standards.
    Axle ratio means the number of times the input shaft to the
differential (or equivalent) turns for each turn of the drive wheels.
    Base level means a unique combination of basic engine, inertia
weight class and transmission class.
    Base vehicle means the lowest priced version of each body style
that makes up a car line.
    Basic engine means a unique combination of manufacturer, engine
displacement, number of cylinders, fuel system (as distinguished by
number of carburetor barrels or use of fuel injection), catalyst usage,
and other engine and emission control system characteristics specified
by the Administrator. For electric vehicles, basic engine means a
unique combination of manufacturer and electric traction motor, motor
controller, battery configuration, electrical charging system, energy
storage device, and other components as specified by the Administrator.
    Battery configuration means the electrochemical type, voltage,
capacity (in Watt-hours at the c/3 rate), and physical characteristics
of the battery used as the tractive energy device.
    Body style means a level of commonality in vehicle construction as
defined by number of doors and roof treatment (e.g., sedan,
convertible, fastback, hatchback) and number of seats (i.e., front,
second, or third seat) requiring seat belts pursuant to National
Highway Traffic Safety Administration safety regulations in 49 CFR part
571. Station wagons and light trucks are identified as car lines.
    Calibration means the set of specifications, including tolerances,
unique to a particular design, version of application of a component,
or component assembly capable of functionally describing its operation
over its working range.
    Car line means a name denoting a group of vehicles within a make or
car division which has a degree of commonality in construction (e.g.,
body, chassis). Car line does not consider any level of decor or
opulence and is not generally distinguished by characteristics as roof
line, number of doors, seats, or windows, except for station wagons or
light-duty trucks. Station wagons and light-duty trucks are considered
to be different car lines than passenger cars.
    Certification vehicle means a vehicle which is selected under Sec.
86.084-24(b)(1) of this chapter and used to determine compliance under
Sec.  86.084-30 of this chapter for issuance of an original certificate
of conformity.
    City fuel economy means the fuel economy determined by operating a
vehicle (or vehicles) over the driving schedule in the Federal emission
test procedure.
    Cold temperature FTP means the test performed under the provisions
of Subpart C of 40 CFR Part 86.
    Combined fuel economy means:
    (1) For the purpose of determining manufacturer's average fuel
economy under Supart F of this part, the term means fuel economy value
determined for a vehicle (or vehicles) by harmonically averaging the
city and highway fuel economy values, weighted 0.55 and 0.45
respectively.
    (2) For the purpose of determining estimated annual fuel costs
under Sec.  86.600-307(f)) the term means the fuel economy value for a
vehicle (or vehicles) by harmonically averaging the city and highway
fuel economy values, weighted at .43 and .57 respectively.
    (3) For electric vehicles, the term means the equivalent petroleum-
based fuel economy value as determined by the calculation procedure
promulgated by the Secretary of Energy.
    Dealer means a person who resides or is located in the United
States, any territory of the United States, or the District of Columbia
and who is engaged in the sale or distribution of new automobiles to
the ultimate purchaser.
    Derived 5-cycle fuel economy means the 5-cycle fuel economy derived
from the FTP-based city and HFET-based highway fuel economy by means of
the equation provided in Sec.  600.115-08 of this part.
    Drive system is determined by the number and location of drive
axles (e.g., front wheel drive, rear wheel drive, four wheel drive) and
any other feature of the drive system if the Administrator determines
that such other features may result in a fuel economy difference.
    Electrical charging system means a device to convert 60Hz
alternating electric current, as commonly available in residential
electric service in the United States, to a proper form for recharging
the energy storage device.
    Electric traction motor means an electrically powered motor which
provides tractive energy to the wheels of a vehicle.
    Energy storage device means a rechargeable means of storing
tractive energy on board a vehicle such as storage batteries or a
flywheel.
    Engine code means a unique combination, within an engine-system
combination (as defined in part 86 of this chapter), of displacement,
carburetor (or fuel injection) calibration, distributor calibration,
choke calibration, auxiliary emission control devices, and other engine
and emission control system components specified by the Administrator.
For electric vehicles, engine code means a unique combination of
manufacturer, electric traction motor, motor configuration, motor
controller, and energy storage device.

    Federal emission test procedure (FTP) refers to the dynamometer
driving schedule, dynamometer procedure, and sampling and analytical
procedures described in part 86 for the respective model year, which
are used to derive city fuel economy data.
    FTP-based city fuel economy means the fuel economy determined in
Sec.  600.113-08 of this part, on the basis of FTP testing.
    Fuel means:
    (1) Gasoline and diesel fuel for gasoline- or diesel-powered
automobiles; or
    (2) Electrical energy for electrically powered automobiles; or
    (3) Alcohol for alcohol-powered automobiles; or
    (4) Natural gas for natural gas-powered automobiles.
    Fuel economy means:
    (1) The average number of miles traveled by an automobile or group
of automobiles per volume of fuel consumed as computed in Sec.  600.113
or Sec.  600.207; or
    (2) The equivalent petroleum-based fuel economy for an electrically
powered automobile as determined by the Secretary of Energy.
    Fuel economy data vehicle means a vehicle used for the purpose of
determining fuel economy which is not a certification vehicle.
    Gross vehicle weight rating means the manufacturer's gross weight
rating for the individual vehicle.
    Hatchback means a passenger automobile where the conventional
luggage compartment, i.e., trunk, is replaced by a cargo area which is
open to the passenger compartment and accessed vertically by a rear
door which encompasses the rear window.
    Highway fuel economy means the fuel economy determined by operating
a vehicle (or vehicles) over the driving schedule in the Federal
highway fuel economy test procedure.
    Highway fuel economy test procedure (HFET) refers to the
dynamometer driving schedule, dynamometer procedure, and sampling and
analytical procedures described in subpart B of this part and which are
used to derive highway fuel economy data.
    HFET-based fuel economy means the fuel economy determined in Sec.
600.113-08 of this part, on the basis of HFET testing.
    Inertia weight class means the class, which is a group of test
weights, into which a vehicle is grouped based on its loaded vehicle
weight in accordance with the provisions of part 86 of this chapter.
    Label means a sticker that contains fuel economy information and is
affixed to new automobiles in accordance with subpart D of this part.
    Light truck means an automobile that is not a passenger automobile,
as defined by the Secretary of Transportation at 49 CFR 523.5. This
term is interchangeable with ``non-passenger automobile''.
    Minivan means an automobile which is designed primarily to carry no
more than eight passengers having an integral enclosure fully enclosing
the driver, passenger, and load-carrying compartments, with a total
interior volume at or below 180 cubic feet, and rear seats readily
removed or folded to floor level to facilitate cargo carrying.
    Model type means a unique combination of car line, basic engine,
and transmission class.
    Model year means the manufacturer's annual production period (as
determined by the Administrator) which includes January 1 of such
calendar year. If a manufacturer has no annual production period, the
term ``model year'' means the calendar year.
    Motor controller means an electronic or electro-mechanical device
to convert energy stored in an energy storage device into a form
suitable to power the traction motor.
    Natural gas-fueled automobile means an automobile designed to
operate exclusively on natural gas.
    Natural gas dual fuel automobile means an automobile:
    (1) Which is designed to operate on natural gas and on gasoline or
diesel fuel;
    (2) Which provides equal or greater energy efficiency as calculated
in Sec.  600.510(g)(1) while operating on natural gas as it does while
operating on gasoline or diesel fuel; and
    (3) Which, in the case of passenger automobiles, meets or exceeds
the minimum driving range established by the Department of
Transportation in 49 CFR part 538.
    Nonpassenger automobile means a light truck.
    Passenger automobile means any automobile which the Secretary of
Transportation determines is manufactured primarily for use in the
transportation of no more than 10 individuals.
    Pickup truck means a nonpassenger automobile which has a passenger
compartment and an open cargo bed.
    Production volume means, for a domestic manufacturer, the number of
vehicle units domestically produced in a particular model year but not
exported, and for a foreign manufacturer, means the number of vehicle
units of a particular model imported into the United States.
    Rounded means a number shortened to the specific number of decimal
places in accordance with the ``Round Off Method'' specified in ASTM E
29 (Incorporated by reference as specified in Sec.  600.011-93).
    SC03 means the test procedure specified in 40 CFR 86.160-00.
    Secretary of Transportation means the Secretary of Transportation
or his authorized representative.
    Secretary of Energy means the Secretary of Energy or his authorized
representative.
    Sport utility vehicle (SUV) means a light truck with an extended
roof line to increase cargo or passenger capacity, cargo compartment
open to the passenger compartment, and one or more rear seats readily
removed or folded to facilitate cargo carrying.
    Station wagon means a passenger automobile with an extended roof
line to increase cargo or passenger capacity, cargo compartment open to
the passenger compartment, a tailgate, and one or more rear seats
readily removed or folded to facilitate cargo carrying.
    Subconfiguration means a unique combination within a vehicle
configuration of equivalent test weight, road-load horsepower, and any
other operational characteristics or parameters which the Administrator
determines may significantly affect fuel economy within a vehicle
configuration.
    Transmission class means a group of transmissions having the
following common features: Basic transmission type (manual, automatic,
or semi-automatic); number of forward gears used in fuel economy
testing (e.g., manual four-speed, three-speed automatic, two-speed
semi-automatic); drive system (e.g., front wheel drive, rear wheel
drive; four wheel drive), type of overdrive, if applicable (e.g., final
gear ratio less than 1.00, separate overdrive unit); torque converter
type, if applicable (e.g., non-lockup, lockup, variable ratio); and
other transmission characteristics that may be determined to be
significant by the Administrator.
    Transmission configuration means the Administrator may further
subdivide within a transmission class if the Administrator determines
that sufficient fuel economy differences exist. Features such as gear
ratios, torque converter multiplication ratio, stall speed, shift
calibration, or shift speed may be used to further distinguish
characteristics within a transmission class.
    Test weight means the weight within an inertia weight class which
is used in the dynamometer testing of a vehicle, and which is based on
its loaded vehicle weight in accordance with the provisions of part 86
of this chapter.

    Ultimate consumer means the first person who purchases an
automobile for purposes other than resale or leases an automobile.
    US06 means the test procedure as described in 40 CFR 86.159-08.
    Van means any light truck having an integral enclosure fully
enclosing the driver compartment and load carrying device, and having
no body sections protruding more than 30 inches ahead of the leading
edge of the windshield.
    Vehicle configuration means a unique combination of basic engine,
engine code, inertia weight class, transmission configuration, and axle
ratio within a base level.
    Vehicle-specific 5-cycle fuel economy means the fuel economy
calculated according to the procedures in Sec.  600.114-08 of this
part.
    8. A new Sec.  600.006-08 is added to read as follows:

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

    (a) For certification vehicles with less than 10,000 miles, the
requirements of this section are considered to have been met except as
noted in paragraph (c) of this section.
    (b)(1) The manufacturer shall submit the following information for
each fuel economy data vehicle:
    (i) A description of the vehicle, exhaust emission test results,
applicable deterioration factors, adjusted exhaust emission levels, and
test fuel property values as specified in Sec.  600.113-93 except as
specified in paragraph (h) of this section.
    (ii) A statement of the origin of the vehicle including total
mileage accumulation, and modification (if any) form the vehicle
configuration in which the mileage was accumulated. (For modifications
requiring advance approval by the Administrator, the name of the
Administrator's representative approving the modification and date of
approval are required.) If the vehicle was previously used for testing
for compliance with part 86 of this chapter or previously accepted by
the Administrator as a fuel economy data vehicle in a different
configuration, the requirements of this paragraph may be satisfied by
reference to the vehicle number and previous configuration.
    (iii) A statement that the fuel economy data vehicle, with respect
to which data are submitted:
    (A) Has been tested in accordance with applicable test procedures,
    (B) Is, to the best of the manufacturer's knowledge, representative
of the vehicle configuration listed, and
    (C) Is in compliance with applicable exhaust emission standards.
    (2) The manufacturer shall retain the following information for
each fuel economy data vehicle, and make it available to the
Administrator upon request:
    (i) A description of all maintenance to engine, emission control
system, or fuel system, or fuel system components performed within
2,000 miles prior to fuel economy testing.
    (ii) In the case of electric vehicles, a description of all
maintenance to electric motor, motor controller, battery configuration,
or other components performed within 2,000 miles prior to fuel economy
testing.
    (iii) A copy of calibrations for engine, fuel system, and emission
control devices, showing the calibration of the actual components on
the test vehicle as well as the design tolerances.
    (iv) In the case of electric vehicles, a copy of calibrations for
the electric motor, motor controller, battery configuration, or other
components on the test vehicle as well as the design tolerances.
    (v) If calibrations for components specified in paragraph
(b)(2)(iii) or (iv) of this section were submitted previously as part
of the description of another vehicle or configuration, the original
submittal may be referenced.
    (c) The manufacturer shall submit the following fuel economy data:
    (1) For vehicles tested to meet the requirements of 40 CFR part 86
(other than those chosen in accordance with 40 CFR 86.1829-01(a) or 40
CFR 86.1845, the FTP, highway, US06, SC03 and cold temperature FTP fuel
economy results, as applicable, from all tests on that vehicle, and the
test results adjusted in accordance with paragraph (g) of this section.
    (2) For each fuel economy data vehicle, all individual test results
(excluding results of invalid and zero mile tests) and these test
results adjusted in accordance with paragraph (g) of this section.
    (3) For diesel vehicles tested to meet the requirements of 40 CFR
part 86, data from a cold temperature FTP, performed in accordance with
600.111-08(e), using the fuel specified in 600.107-08(c).
    (d) The manufacturer shall submit an indication of the intended
purpose of the data (e.g., data required by the general labeling
program or voluntarily submitted for specific labeling).
    (e) In lieu of submitting actual data from a test vehicle, a
manufacturer may provide fuel economy values derived from an analytical
expression, e.g., regression analysis. In order for fuel economy values
derived from analytical methods to be accepted, the expression (form
and coefficients) must have been approved by the Administrator.
    (f) If, in conducting tests required or authorized by this part,
the manufacturer utilizes procedures, equipment, or facilities not
described in the Application for Certification required in 40 CFR
86.087-21 or 40 CFR 86.1844-01 as applicable, the manufacturer shall
submit to the Administrator a description of such procedures,
equipment, and facilities.
    (g)(1) The manufacturer shall adjust all test data used for fuel
economy label calculations in subpart D and average fuel economy
calculations in subpart F for the classes of automobiles within the
categories identified in paragraphs (a)(1) through (6) of Sec.
600.510. The test data shall be adjusted in accordance with paragraph
(g)(3) or (4) as applicable.
    (2) [Reserved]
    (3) The manufacturer shall adjust all test data generated by
vehicles with engine-drive system combinations with more than 6,200
miles by using the following equation:

    FE4,000mi=FE
T[0.979+5.25x10-6(mi)]-1

Where:

FE4,000mi=Fuel economy data adjusted to 4,000-mile test
point rounded to the nearest 0.1 mpg.
FET=Tested fuel economy value rounded to the nearest 0.1
mpg.
mi=System miles accumulated at the start of the test rounded to the
nearest whole mile.
    (4) For vehicles with 6,200 miles or less accumulated, the
manufacturer is not required to adjust the data.
    9. A new Sec.  600.007-08 is added to read as follows:

Sec.  600.007-08  Vehicle acceptability.

    (a) All certification vehicles and other vehicles tested to meet
the requirements of 40 CFR part 86 (other than those chosen per 40 CFR
86.080-24(c) or 40 CFR 86.1829-01(a) as applicable, are considered to
have met the requirements of this section.
    (b) Any vehicle not meeting the provisions of paragraph (a) of this
section must be judged acceptable by the Administrator under this
section in order for the test results to be reviewed for use in subpart
C or F of this part. The Administrator will judge the acceptability of
a fuel economy data vehicle on the basis of the information supplied by
the manufacturer under Sec.  600.006(b). The criteria to be met are:
    (1) A fuel economy data vehicle may have accumulated not more than
10,000 miles. A vehicle will be considered to have met this requirement
if the engine

and drivetrain have accumulated 10,000 or fewer miles. The components
installed for a fuel economy test are not required to be the ones with
which the mileage was accumulated, e.g., axles, transmission types, and
tire sizes may be changed. The Administrator will determine if vehicle/
engine component changes are acceptable.
    (2) A vehicle may be tested in different vehicle configurations by
change of vehicle components, as specified in paragraph (b)(1) of this
section, or by testing in different inertia weight classes. Also, a
single vehicle may be tested under different test conditions, i.e.,
test weight and/or road load horsepower, to generate fuel economy data
representing various situations within a vehicle configuration. For
purposes of this part, data generated by a single vehicle tested in
various test conditions will be treated as if the data were generated
by the testing of multiple vehicles.
    (3) The mileage on a fuel economy data vehicle must be, to the
extent possible, accumulated according to 40 CFR 86.1831.
    (4) Each fuel economy data vehicle must meet the same exhaust
emission standards as certification vehicles of the respective engine-
system combination during the test in which the city fuel economy test
results are generated. The deterioration factors established for the
respective engine-system combination per Sec.  86.1841-01 as applicable
will be used.
    (5) The calibration information submitted under Sec.  600.006(b)
must be representative of the vehicle configuration for which the fuel
economy data were submitted.
    (6) Any vehicle tested for fuel economy purposes must be
representative of a vehicle which the manufacturer intends to produce
under the provisions of a certificate of conformity.
    (7) For vehicles imported under Sec.  85.1509 or Sec.
85.1511(b)(2), (b)(4), (c)(2), (c)(4), or (e)(2) (when applicable) only
the following requirements must be met:
    (i) For vehicles imported under Sec.  85.1509, a highway fuel
economy value must be generated contemporaneously with the emission
tests used for purposes of demonstrating compliance with Sec.  85.1509.
No modifications or adjustments should be made to the vehicles between
the highway fuel economy, FTP, US06, SC03 and Cold temperature FTP
tests.
    (ii) For vehicles imported under Sec.  85.1509 or Sec.
85.1511(b)(2), (b)(4), (c)(2), (c)(4) or (e)(2) (when applicable) with
over 10,000 miles, the equation in Sec.  600.006-86(g)(1) shall be used
as though only 10,000 miles had been accumulated.
    (iii) Any required fuel economy testing must take place after any
safety modifications are completed for each vehicle as required by
regulations of the Department of Transportation.
    (iv) Every vehicle imported under Sec.  85.1509 or Sec.
85.1511(b)(2), (b)(4), (c)(2), (c)(4) or (e)(2) (when applicable) shall
be considered a separate type for the purposes of calculating a fuel
economy label for a manufacturer's average fuel economy.
    (c) If, based on review of the information submitted under Sec.
600.006(b), the Administrator determines that a fuel economy data
vehicle meets the requirements of this section, the fuel economy data
vehicle will be judged to be acceptable and fuel economy data from that
fuel economy data vehicle will be reviewed pursuant to Sec.  600.008.
    (d) If, based on the review of the information submitted under
Sec.  600.006(b), the Administrator determines that a fuel economy data
vehicle does not meet the requirements of this section, the
Administrator will reject that fuel economy data vehicle and inform the
manufacturer of the rejection in writing.
    (e) If, based on a review of the emission data for a fuel economy
data vehicle, submitted under Sec.  600.006(b), or emission data
generated by a vehicle tested under Sec.  600.008(e), the Administrator
finds an indication of non-compliance with section 202 of the Clean Air
Act, 42 U.S.C. 1857 et seq. of the regulation thereunder, he may take
such investigative actions as are appropriate to determine to what
extent emission non-compliance actually exists.
    (1) The Administrator may, under the provisions of 40 CFR 86.079-
37(a) or 40 CFR 86.1830-01 as applicable, request the manufacturer to
submit production vehicles of the configuration(s) specified by the
Administrator for testing to determine to what extent emission
noncompliance of a production vehicle configuration or of a group of
production vehicle configurations may actually exist.
    (2) If the Administrator determines, as a result of his
investigation, that substantial emission non-compliance is exhibited by
a production vehicle configuration or group of production vehicle
configurations, he may proceed with respect to the vehicle
configuration(s) as provided under section 206(b)(2) or section
207(c)(1), as applicable of the Clean Air Act, 42 U.S.C. 1857 et seq.
    (f) All vehicles used to generate fuel economy data, and for which
emission standards apply, must be covered by a certificate of
conformity under part 86 of this chapter before:
    (1) The data may be used in the calculation of any approved general
or specific label value, or
    (2) The data will be used in any calculations under subpart F,
except that vehicles imported under Sec. Sec.  85.1509 and 85.1511 need
not be covered by a certificate of conformity.
    10. A new Sec.  600.008-08 is added to read as follows:

Sec.  600.008-08  Review of fuel economy data, testing by the
Administrator.

    (a) Testing by the Administrator. (1) The Administrator may require
that any one or more of the test vehicles be submitted to the Agency,
at such place or places as the Agency may designate, for the purposes
of conducting fuel economy tests. The Administrator may specify that
such testing be conducted at the manufacturer's facility, in which case
instrumentation and equipment specified by the Administrator shall be
made available by the manufacturer for test operations. The tests to be
performed may comprise the FTP, highway fuel economy test, US06, SC03,
or Cold temperature FTP or any combination of those tests. Any testing
conducted at a manufacturer's facility pursuant to this paragraph shall
be scheduled by the manufacturer as promptly as possible.
    (2) Retesting and official data determination. For any vehicles
selected for confirmatory testing under the provisions of paragraph
(a)(1) of this section, the Administrator will follow this procedure:
    (i) The manufacturer's data (or harmonically averaged data if more
than one test was conducted) will be compared with the results of the
Administrator's test.
    (ii) If, in the Administrator's judgment, the comparison in
paragraph (a)(2)(i) of this section indicates a disparity in the data,
the Administrator will repeat the test or tests as applicable.
    (A) The manufacturer's average test results and the results of the
Administrator's first test will be compared with the results of the
Administrator's second test as in paragraph (a)(2)(i) of this section.
    (B) If, in the Administrator's judgment, both comparisons in
paragraph (a)(2)(i)(A) of this section, indicate a disparity in the
data, the Administrator will repeat the applicable test or tests until:
    (i) In the Administrator's judgment no disparity in the data is
indicated by

comparison of two tests by the Administrator or by comparison of the
manufacturer's average test results and a test by the Administrator; or
    (ii) Four tests of a single test type are conducted by the
Administrator in which a disparity in the data is indicated when
compared as in paragraph (a)(2)(ii) of this section.
    (iii) If there is, in the Administrator's judgment, no disparity
indicated by comparison of manufacturer's average test results with a
test by the Administrator, the test values generated by the
Administrator will be used to represent the vehicle.
    (iv) If there is, in the Administrator's judgment, no disparity
indicated by comparison of two tests by the Administrator, the harmonic
averages of the fuel economy results from those tests will be used to
represent the vehicle.
    (v) If the situation in paragraph (a)(2)(ii)(B)(ii) of this section
occurs, the Administrator will notify the manufacturer, in writing,
that the Administrator rejects that fuel economy data vehicle.
    (b) Manufacturer-conducted confirmatory testing. (1) If the
Administrator determines not to conduct a confirmatory test under the
provisions of paragraph (a) of this section, manufacturers will conduct
a confirmatory test at their facility after submitting the original
test data to the Administrator whenever any of the following conditions
exist:
    (i) The vehicle configuration has previously failed an emission
standard;
    (ii) The test exhibits high emission levels determined by exceeding
a percentage of the standards specified by the Administrator for that
model year;
    (iii) The fuel economy value of the FTP or HFET test is higher than
expected based on procedures approved by the Administrator;
    (iv) The fuel economy for the FTP or HFET test is close to a Gas
Guzzler Tax threshold value based on tolerances established by the
Administrator; or
    (v) The fuel economy value for the FTP or highway is a potential
fuel economy leader for a class of vehicles based on cut points
provided by the Administrator.
    (2) If the Administrator selects the vehicle for confirmatory
testing based on the manufacturer's original test results, the testing
shall be conducted as ordered by the Administrator. In this case, the
manufacturer-conducted confirmatory testing specified under paragraph
(b)(1) of this section would not be required.
    (3) The manufacturer shall conduct a retest of the FTP or highway
test if the difference between the fuel economy of the confirmatory
test and the original manufacturer's test equals or exceeds three
percent (or such lower percentage to be applied consistently to all
manufacturer-conducted confirmatory testing as requested by the
manufacturer and approved by the Administrator).
    (i) The manufacturer may, in lieu of conducting a retest, accept
the lower of the original and confirmatory test fuel economy results
for use in subpart C or F of this part.
    (ii) The manufacturer shall conduct a second retest of the FTP or
highway test if the fuel economy difference between the second
confirmatory test and the original manufacturer test equals or exceeds
three percent (or such lower percentage as requested by the
manufacturer and approved by the Administrator) and the fuel economy
difference between the second confirmatory test and the first
confirmatory test equals or exceeds three percent (or such lower
percentage as requested by the manufacturer and approved by the
Administrator). The manufacturer may, in lieu of conducting a second
retest, accept the lowest of the original test, the first confirmatory
test, and the second confirmatory test fuel economy results for use in
subpart C or F of this part.
    (4) The Administrator may request the manufacturer to conduct a
retest of the US06, SC03 or Cold Temperature FTP on the basis of fuel
economy that is higher than expected as specified in criteria provided
by the Administrator. Such retests shall not be required before the
2011 model year.
    (c) Review of fuel economy data. (1) Fuel economy data must be
judged reasonable and representative by the Administrator in order for
the test results to be used for the purposes of subpart C or F of this
part. In making this determination, the Administrator will, when
possible, compare the results of a test vehicle to those of other
similar test vehicles.
    (2) If testing was conducted by the Administrator under the
provisions of paragraph (a) of this section, the fuel economy data
determined by the Administrator under paragraph (a) of this section,
together with all other fuel economy data submitted for that vehicle
under Sec.  600.006(c) or (e) will be evaluated for reasonableness and
representativeness per paragraph (c)(1) of this section.
    (i) The fuel economy data which are determined to best meet the
criteria of paragraph (c)(1) of this section will be accepted for use
in subpart C or F of this part.
    (ii) City, HFET, US06, SC03 and Cold temperature FTP test data will
be considered separately.
    (iii) If more than one test was conducted, the Administrator may
select an individual test result or the harmonic average of selected
test results to satisfy the requirements of paragraph (c)(2)(i) of this
section.
    (3) If confirmatory testing was not conducted by the Administrator
but confirmatory testing was conducted by the manufacturer under the
provisions of paragraph (b) of this section, the fuel economy data
determined by the Administrator under paragraph (b) of this section,
will be evaluated for reasonableness and representativeness per
paragraph (c)(1) of this section.
    (i) The fuel economy data which are determined to best meet the
criteria of paragraph (c)(1) of this section will be accepted for use
in subpart C or F of this part.
    (ii) City, HFET, US06, SC03 and Cold temperature FTP test data will
be considered separately.
    (iii) If more than one test was conducted, the Administrator may
select an individual test result or the harmonic average of selected
test results to satisfy the requirements of paragraph (c)(2)(i) of this
section.
    (4) If no confirmatory testing was conducted by either the
Administrator or the manufacturer under the provisions of paragraph (a)
and (b) of this section, respectively, then the data submitted under
the provisions of Sec.  600.006(c) or (e) shall be accepted for use in
subpart C or F of this part.
    (i) City, HFET, US06, SC03 and Cold temperature FTP test data will
be considered separately.
    (ii) If more than one test was conducted, the harmonic average of
the test results shall be accepted for use in subpart C or F of this
part.
    (d) If, based on a review of the fuel economy data generated by
testing under paragraph (a) of this section, the Administrator
determines that an unacceptable level of correlation exists between
fuel economy data generated by a manufacturer and fuel economy data
generated by the Administrator, he/she may reject all fuel economy data
submitted by the manufacturer until the cause of the discrepancy is
determined and the validity of the data is established by the
manufacturer.
    (e)(1) If, based on the results of an inspection conducted under
Sec.  600.005(b) or any other information, the Administrator has reason
to believe that the manufacturer has not followed proper testing
procedures or that the testing equipment is faulty or improperly
calibrated, or if records do

not exist that will enable him to make a finding of proper testing, the
Administrator may notify the manufacturer in writing of his finding and
require the manufacturer to:
    (i) Submit the test vehicle(s) upon which the data are based or
additional test vehicle(s) at a place he may designate for the purpose
of fuel economy testing.
    (ii) Conduct such additional fuel economy testing as may be
required to demonstrate that prior fuel economy test data are
reasonable and representative.
    (2) Previous acceptance by the Administrator of any fuel economy
test data submitted by the manufacturer shall not limit the
Administrator's right to require additional testing under paragraph
(h)(1) of this section.
    (3) If, based on tests required under paragraph (e)(1) of this
section, the Administrator determines that any fuel economy data
submitted by the manufacturer and used to calculate the manufacturer's
fuel economy average was unrepresentative, the Administrator may
recalculate the manufacturer's fuel economy average based on fuel
economy data that he/she deems representative.
    (4) A manufacturer may request a hearing as provided in Sec.
600.009 if the Administrator decides to recalculate the manufacturer's
average pursuant to determinations made relative to this section.
    11. A new Sec.  600.010-08 is added to read as follows:

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

    (a) For each certification vehicle defined in this part, and for
each vehicle tested according to the emission test procedures in 40 CFR
part 86 for addition of a model after certification or approval of a
running change (40 CFR 86.079-32, 86.079-33 and 86.082-34 or 40 CFR
86.1842-01 as applicable):
    (1) The manufacturer shall generate FTP fuel economy data by
testing according to the applicable procedures.
    (2) The manufacturer shall generate highway fuel economy data by:
    (i) Testing according to applicable procedures, or
    (ii) Using an analytical technique, as described in Sec.
600.006(e).
    (3) The manufacturer shall generate US06 fuel economy data by
testing according to the applicable procedures. Alternative fueled
vehicles or dual fueled vehicles operating on alternative fuel may
optionally generate this data using the alternative fuel.
    (4) The manufacturer shall generate SC03 fuel economy data by
testing according to the applicable procedures. Alternative fueled
vehicles or dual fueled vehicles operating on alternative fuel may
optionally generate this data using the alternative fuel.
    (5) The manufacturer shall generate Cold temperature FTP fuel
economy data by testing according to the applicable procedures.
Alternative fueled vehicles or dual fueled vehicles operating on
alternative fuel may optionally generate this data using the
alternative fuel.
    (6) The data generated in paragraphs (a)(1) through (5) of this
section, shall be submitted to the Administrator in combination with
other data for the vehicle required to be submitted in part 86.
    (b) For each fuel economy data vehicle:
    (1) The manufacturer shall generate city and FTP fuel economy data
by:
    (i) Testing according to applicable procedures, or
    (ii) Use of an analytical technique as described in Sec.
600.006(e), in addition to testing (e.g., city fuel economy data by
testing, highway fuel economy data by analytical technique).
    (2) The data generated shall be submitted to the Administrator
according to the procedures in Sec.  600.006.
    (c) Minimum data requirements for labeling. (1) In order to
establish fuel economy label values under Sec.  600.306, the
manufacturer shall use only test data accepted in accordance with Sec.
600.008(b) and (f) and meeting the minimum coverage of:
    (i) Data required for emission certification under 40 CFR 86.084-
24, 86.079-32, 86.079-33, and 86.082-34 or 40 CFR 86.1828-01 and
86.1842-01 as applicable.
    (ii)(A) FTP and HFET data from the highest projected model year
sales subconfiguration within the highest projected model year sales
configuration for each base level, and
    (B) If required under Sec.  600.116-08, US06, SC03 and cold
temperature FTP data from the highest projected model year sales
subconfiguration within the highest projected model year sales
configuration for each base level.
    (C) Optionally, the manufacturer may generate US06, SC03 and cold
temperature FTP fuel economy data for the highest projected model year
sales subconfiguration within the highest projected model year sales
configuration for each base level.
    (iii) For additional model types established under Sec.
600.208(a)(2) or 600.209(a)(2), FTP and HFET data, and if required
under Sec.  600.116-08, US06, SC03 and Cold temperature FTP data from
each subconfiguration included within the model type.
    (2) For the purpose of recalculating fuel economy label values as
required under Sec.  600.314(b), the manufacturer shall submit data
required under Sec.  600.507.
    (d) Minimum data requirements for the manufacturer's average fuel
economy. For the purpose of calculating the manufacturer's average fuel
economy under Sec.  600.510, the manufacturer shall submit data
representing at least 90 percent of the manufacturer's actual model
year production, by configuration, for each category identified for
calculation under Sec.  600.510(a).
    12. A new Sec.  600.011-08 is added to read as follows:

Sec.  600.011-08  Reference materials.

    (a) Incorporation by reference. The documents in paragraph (b) of
this section have been incorporated by reference. The incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
inspected at USEPA, OAR, 1200 Pennsylvania Ave., NW., Washington, DC
20460, 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/federal_register /code--

of--federal--regulations/ibr--locations.html.
    (b) The following paragraphs and tables set forth the material that
has been incorporated by reference in this part.
    (1) ASTM material. The following table sets forth material from the
American Society for Testing and Materials which has been incorporated
by reference. The first column lists the number and name of the
material. The second column lists the section(s) of this part, other
than Sec.  600.011, in which the matter is referenced. Copies of these
materials may be obtained from the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.

------------------------------------------------------------------------
          Document number and name             40 CFR part 600 reference
------------------------------------------------------------------------
ASTM E 29-67 (Reapproved 1973) Standard      600.002-08.
 Recommended Practice for Indicating Which
 Places of Figures Are To Be Considered
 Significant in Specified Limiting Values..
ASTM D 1298-85 (Reapproved 1990) Standard    600.113-08(f)(1)(i),
 Practice for Density, Relative Density       (f)(2)(i)(A),
 (Specific Gravity), or API Gravity of        (f)(2)(i)(B), (f)(2)(ii);
 Crude Petroleum and Liquid Petroleum         600.510-08(g)(1)(ii)(B),
 Products by Hydrometer Method.               (g)(2)(ii)(B).
ASTM D 3343-90 Standard Test Method for      600.113-08(f)(1)(ii),
 Estimation of Hydrogen Content of Aviation   (f)(2)(i), (f)(2)(ii).
 Fuels.
ASTM D 3338-92 Standard Test Method for      600.113-08(f)(1)(iii).
 Estimation of Net Heat of Combustion of
 Aviation Fuels.
ASTM D 240-92 Standard Test Method for Heat  600.113-08(f)(2)(iii);
 of Combustion of Liquid Hydrocarbon Fuels    600.510-93(g)(1)(ii)(A),
 by Bomb Calorimeter.                         (g)(2)(ii)(A).
ASTM D975-04c ``Standard Specification for   600.107-08(b), 600.113-
 Diesel Fuel Oils''.                          08(c)(1).
ASTM D 1945-91 Standard Test Method for      600.113-08(f)(3), (k).
 Analysis of Natural Gas By Gas
 Chromatography.
------------------------------------------------------------------------

    (2) [Reserved]

Subpart B--[Amended]

    13. A new Sec.  600.106-08 is added to read as follows:

Sec.  600.106-08  Equipment requirements.

    The requirements for test equipment to be used for all fuel economy
testing are given in Subparts B and C of part 86 of this chapter.
    14. A new Sec.  600.107-08 is added to read as follows:

Sec.  600.107-08  Fuel specifications.

    (a) The test fuel specifications for gasoline, diesel, methanol,
and methanol-petroleum fuel mixtures are given in Sec.  86.113 of this
chapter, except for cold temperature FTP fuel requirements for diesel
vehicles, which are given in paragraph (b) of this section.
    (b) Diesel test fuel used for cold temperature FTP testing must
comprise a winter-grade diesel fuel as specified in ASTM D975-04c
``Standard Specification for Diesel Fuel Oils'' and that complies with
40 CFR part 80. Alternatively, EPA may approve the use of a different
diesel fuel, provided that the level of kerosene added shall not exceed
20 percent.
    15. A new Sec.  600.109-08 is added to read as follows:

Sec.  600.109-08  EPA driving cycles.

    (a) The FTP driving cycle is prescribed in Sec.  86.115 of this
chapter.
    (b) The highway fuel economy driving cycle is specified in this
paragraph.
    (1) The Highway Fuel Economy Driving Schedule is set forth in
appendix I to this part. The driving schedule is defined by a smooth
trace drawn through the specified speed versus time relationships.
    (2) The speed tolerance at any given time on the dynamometer
driving schedule specified in appendix I, or as printed on a driver's
aid chart approved by the Administrator, when conducted to meet the
requirements of paragraph (b) of Sec.  600.111 is defined by upper and
lower limits. The upper limit is 2 mph higher than the highest point on
trace within 1 second of the given time. The lower limit is 2 mph lower
than the lowest point on the trace within 1 second of the given time.
Speed variations greater than the tolerances (such as may occur during
gear changes) are acceptable provided they occur for less than 2
seconds on any occasion. Speeds lower than those prescribed are
acceptable provided the vehicle is operated at maximum available power
during such occurrences.
    (3) A graphic representation of the range of acceptable speed
tolerances is found in Sec.  86.115 (c) of this chapter.
    (4) The US06 driving cycle is set forth in Appendix I of part 86 of
this chapter.
    (5) The SC03 driving cycle is set forth in Appendix I of part 86 of
this chapter.
    16. A new Sec.  600.110-08 is added to read as follows:

Sec.  600.110-08  Equipment calibration.

    The equipment used for fuel economy testing must be calibrated
according to the provisions of Sec.  86.116 and 86.216 of this chapter.
    17. A new Sec.  600.111-08 is added to read as follows:

Sec.  600.111-08  Test procedures.

    (a) FTP testing procedures. The test procedures to be followed for
conducting the FTP test are those prescribed in Sec. Sec.  86.127
through 86.138 of this chapter, as applicable, except as provided for
in paragraph (b)(5) of this section. (The evaporative loss portion of
the test procedure may be omitted unless specifically required by the
Administrator.)
    (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. Section 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. (1) 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.
    (8) The provisions of paragraphs (b), (c), (e), (f), (g) and (h) of
Sec.  86.135 Dynamometer procedure of this chapter, apply for highway
fuel economy testing.
    (9) 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).
    (10) 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.
    (11) 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 40 CFR 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 40 CFR 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.
    (12) 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.