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Thursday, September 23, 2010

Part III

Environmental Protection Agency 40 CFR Parts 85, 86 and 600 Department of Transportation National Highway Traffic Safety Administration

49 CFR Part 575 Revisions and Additions to Motor Vehicle Fuel Economy Label; Proposed Rule

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ENVIRONMENTAL PROTECTION by the Office of Management and 0865 and/or NHTSA–2010–0087. See AGENCY Budget (OMB) on or before October 25, the SUPPLEMENTARY INFORMATION section 2010. See the SUPPLEMENTARY on ‘‘Public Participation’’ for more 40 CFR Parts 85, 86 and 600 INFORMATION section on ‘‘Public information about submitting written Participation’’ for more information comments. DEPARTMENT OF TRANSPORTATION about written comments. Public Hearing: NHTSA and EPA will Hearings: NHTSA and EPA will jointly hold two public hearings; one in National Highway Traffic Safety jointly hold two public hearings; one in Chicago on October 14, 2010, and one Administration Chicago on October 14, 2010, and one in Los Angeles on October 21, 2010, in Los Angeles on October 21, 2010, with both daytime and evening sessions 49 CFR Part 575 with both daytime and evening sessions at each location. EPA and NHTSA will at each location. EPA and NHTSA will [EPA–HQ–OAR–2009–0865; FR–9197–3; announce the specific hearing locations NHTSA–2010–0087] announce the specific hearing locations and times of day in a separate Federal and times of day in a separate Federal Register announcement. See the RIN 2060–AQ09; RIN 2127–AK73 Register announcement. See the SUPPLEMENTARY INFORMATION section on SUPPLEMENTARY INFORMATION section on ‘‘Public Participation’’ for more Revisions and Additions to Motor ‘‘Public Participation’’ for more information about the public hearings. Vehicle Fuel Economy Label information about the public hearings. Docket: All documents in the dockets AGENCY: Environmental Protection ADDRESSES: Submit your comments, are listed in the http:// Agency (EPA) and National Highway identified by Docket ID No. EPA–HQ– www.regulations.gov index. Although Traffic Safety Administration (NHTSA), OAR–2009–0865 and/or NHTSA–2010– listed in the index, some information is Department of Transportation. 0087, by one of the following methods: not publicly available, e.g., confidential • http://www.regulations.gov: Follow ACTION: Proposed rule. business information (CBI) or other the on-line instructions for information whose disclosure is SUMMARY: The Environmental Protection submitting comments. restricted by statute. Certain other • E-mail: [email protected]. material, such as copyrighted material, Agency (EPA) and the National • Highway Traffic Safety Administration Fax: EPA: (202) 566–1741; NHTSA: will be publicly available in hard copy (202) 493–2251. (NHTSA) are conducting a joint • in EPA’s docket, and electronically in rulemaking to redesign and add Mail: NHTSA’s online docket. Publicly Æ EPA: Environmental Protection information to the current fuel economy available docket materials are available Agency, EPA Docket Center (EPA/ label that is posted on the window either electronically in http:// DC), Air and Radiation Docket, Mail sticker of all new and light-duty www.regulations.gov or in hard copy at Code 2822T, 1200 Pennsylvania trucks sold in the U.S. The redesigned the following locations: EPA: EPA Avenue, NW., Washington, DC label will provide new information to Docket Center, EPA/DC, EPA West, 20460, Attention Docket ID No. American consumers about the fuel Room 3334, 1301 Constitution Ave., EPA–HQ–OAR–2009–0865. NW., Washington, DC. The Public economy and consumption, fuel costs, Æ NHTSA: Docket Management Reading Room is open from 8:30 a.m. to and environmental impacts associated Facility, M–30, U.S. Department of 4:30 p.m., Monday through Friday, with purchasing new vehicles beginning Transportation, West Building, excluding legal holidays. The telephone with model year 2012 cars and trucks. Ground Floor, Rm. W12–140, 1200 number for the Public Reading Room is This action will also develop new labels New Jersey Avenue, SE., (202) 566–1744. NHTSA: Docket for certain advanced technology Washington, DC 20590. vehicles, which are poised to enter the Æ In addition, please mail a copy of Management Facility, M–30, U.S. U.S. market, in particular plug-in hybrid your comments on the information Department of Transportation, West electric vehicles and electric vehicles. collection provisions to the Office Building, Ground Floor, Rm. W12–140, NHTSA and EPA are proposing these of Information and Regulatory 1200 New Jersey Avenue, SE., changes because the Energy Affairs, Office of Management and Washington, DC 20590. The Docket Independence and Security Act (EISA) Budget (OMB), Attn: Desk Officer Management Facility is open between of 2007 imposes several new labeling for EPA, 725 17th St., NW., 9 a.m. and 5 p.m. Eastern Time, Monday requirements, because the agencies Washington, DC 20503. through Friday, except Federal holidays. believe that the current labels can be • Hand Delivery: FOR FURTHER INFORMATION CONTACT: improved to help consumers make more Æ EPA: Docket Center, (EPA/DC) EPA EPA: Lucie Audette, Office of informed vehicle purchase decisions, West, Room B102, 1301 Transportation and Air Quality, and because the time is right to develop Constitution Ave., NW., Assessment and Standards Division, new labels for advanced technology Washington, DC, Attention Docket Environmental Protection Agency, 2000 vehicles that are being commercialized. ID No. EPA–HQ–OAR–2009–0865. Traverwood Drive, Ann Arbor MI This proposal is also consistent with the Such deliveries are only accepted 48105; telephone number: 734–214– recent joint rulemaking by EPA and during the Docket’s normal hours of 4850; fax number: 734–214–4816; e-mail NHTSA that established harmonized operation, and special arrangements address: [email protected], or federal (GHG) emissions should be made for deliveries of Assessment and Standards Division and corporate average fuel economy boxed information. Hotline; telephone number (734) 214– (CAFE) standards for new cars, sport Æ NHTSA: West Building, Ground 4636; e-mail address [email protected]. utility vehicles, , and pickup Floor, Rm. W12–140, 1200 New NHTSA: Gregory Powell, National trucks for model years 2012–2016. Jersey Avenue, SE., Washington, DC Highway Traffic Safety Administration, DATES: Comments: Comments must be 20590, between 9 a.m. and 5 p.m. 1200 New Jersey Avenue, SE., received on or before November 22, Eastern Time, Monday through Washington, DC 20590. Telephone: 2010. Under the Paperwork Reduction Friday, except Federal Holidays. (202) 366–5206; Fax: (202) 493–2990; Act, comments on the information Instructions: Direct your comments to e-mail address: [email protected]. collection provisions must be received Docket ID No. EPA–HQ–OAR–2009– SUPPLEMENTARY INFORMATION:

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A. Does this action apply to me? medium-duty passenger vehicles, as passenger automobiles (light trucks) as This action affects companies that defined under EPA’s CAA defined under NHTSA’s CAFE manufacture or sell new light-duty regulations,12and passenger regulations.3 Regulated categories and vehicles, light-duty trucks, and automobiles (passenger cars) and non- entities include:

Category NAICS CodesA Examples of potentially regulated entities

Industry ...... 336111 Motor vehicle manufacturers. 336112 Industry ...... 811112 Commercial Importers of Vehicles and Vehicle Components. 811198 423110 Industry ...... 336211 Stretch manufacturers and manufacturers. Industry ...... 441110 Automobile dealers. A North American Industry Classification System (NAICS).

This list is not intended to be policy is that all comments received docket, please include the Docket exhaustive, but rather provides a guide will be included in the public docket Number NHTSA–2010–0087 in your regarding entities likely to be regulated without change and may be made comments. Your comments must not be by this action. To determine whether available online at http:// more than 15 pages long.4 NHTSA particular activities may be regulated by www.regulations.gov, including any established this limit to encourage you this action, you should carefully personal information provided, unless to write your primary comments in a examine the regulations. You may direct the comment includes information concise fashion. However, you may questions regarding the applicability of claimed to be Confidential Business attach necessary additional documents this action to the person listed in FOR Information (CBI) or other information to your comments. There is no limit on FURTHER INFORMATION CONTACT. whose disclosure is restricted by statute. the length of the attachments. If you are Do not submit information that you submitting comments electronically as a B. Public Participation consider to be CBI or otherwise PDF (Adobe) file, we ask that the NHTSA and EPA request comment on protected through http:// documents submitted be scanned using all aspects of this joint proposed rule. www.regulations.gov or e-mail. The the Optical Character Recognition (OCR) This section describes how you can http://www.regulations.gov Web site is process, thus allowing the agency to participate in this process. an ‘‘anonymous access’’ system, which search and copy certain portions of your 5 How do I prepare and submit means EPA will not know your identity submissions. Please note that pursuant comments? or contact information unless you to the Data Quality Act, in order for the provide it in the body of your comment. substantive data to be relied upon and In this joint proposal, there are many If you send an e-mail comment directly used by the agencies, it must meet the issues common to both EPA’s and to EPA without going through http:// information quality standards set forth NHTSA’s proposals. For the www.regulations.gov your e-mail in the OMB and Department of convenience of all parties, comments address will be automatically captured Transportation (DOT) Data Quality Act submitted to the EPA docket (whether and included as part of the comment guidelines. Accordingly, we encourage hard copy or electronic) will be that is placed in the public docket and you to consult the guidelines in considered comments submitted to both made available on the Internet. If you preparing your comments. OMB’s EPA and the NHTSA docket, and vice submit an electronic comment, EPA guidelines may be accessed at http:// versa. Therefore, the public only needs recommends that you include your www.whitehouse.gov/omb/ to submit one set of comments to either name and other contact information in fedreg_reproducible (last accessed June one of the two agency dockets that will the body of your comment and with any 2, 2010), and DOT’s guidelines may be be reviewed by both agencies. disk or CD–ROM you submit. If EPA accessed at http://regs.dot.gov (last Comments that are submitted for cannot read your comment due to accessed June 22, 2010). consideration by only one agency technical difficulties and cannot contact should be identified as such, and you for clarification, EPA may not be Tips for Preparing Your Comments comments that are submitted for able to consider your comment. When submitting comments, please consideration by both agencies should Electronic files should avoid the use of remember to: be identified as such. Absent such special characters, any form of • identification, each agency will exercise encryption, and be free of any defects or Identify the rulemaking by docket its best judgment to determine whether viruses. For additional information numbers and other identifying a comment is submitted on its proposal. about EPA’s public docket visit the EPA information (subject heading, Federal Further instructions for submitting Docket Center homepage at http:// Register date and page number). comments to either the EPA or NHTSA www.epa.gov/epahome/dockets.htm. • Follow directions—The agencies docket are described below. NHTSA: Your comments must be may ask you to respond to specific EPA: Direct your comments to Docket written and in English. To ensure that questions or organize comments by ID No EPA–HQ–OAR–2009–0865. EPA’s your comments are correctly filed in the referencing a Code of Federal

1 ‘‘Light-duty vehicle,’’ ‘‘light-duty truck,’’ and ‘‘medium-duty passenger vehicle’’ means a sport- 4 49 CFR 553.21. ‘‘medium-duty passenger vehicle’’ are defined in 40 utility vehicle or passenger from 8,500 to 5 Optical character recognition (OCR) is the CFR 86.1803–01. 10,000 lbs gross vehicle weight rating. Medium- process of converting an image of text, such as a 2 duty passenger vehicles do not include pick-up Generally, the term ‘‘light-duty vehicle’’ means a scanned paper document or electronic fax file, into passenger , the term ‘‘light-duty truck’’ means a trucks. computer-editable text. pick-up truck, sport-utility vehicle, or of 3 ‘‘Passenger car’’ and ‘‘light truck’’ are defined in up to 8,500 lbs gross vehicle weight rating, and 49 CFR part 523.

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Regulations (CFR) part or section the Chief Counsel, NHTSA, at the persons listed under FOR FURTHER number. address given above under FOR FURTHER INFORMATION CONTACT at least ten days • Explain why you agree or disagree, INFORMATION CONTACT. When you send a before the hearing. Once EPA and suggest alternatives, and substitute comment containing confidential NHTSA learn how many people have language for your requested changes. business information, you should registered to speak at the public hearing, • Describe any assumptions and include a cover letter setting forth the we will allocate an appropriate amount provide any technical information and/ information specified in our of time to each participant, allowing or data that you used. confidential business information time for lunch and necessary breaks • If you estimate potential costs or regulation.7 In addition, you should throughout the day. For planning burdens, explain how you arrived at submit a copy from which you have purposes, each speaker should your estimate in sufficient detail to deleted the claimed confidential anticipate speaking for approximately allow for it to be reproduced. • business information to the Docket by ten minutes, although we may need to Provide specific examples to one of the methods set forth above. adjust the time for each speaker if there illustrate your concerns and suggest is a large turnout. We suggest that you Will the agencies consider late alternatives. bring copies of your statement or other • Explain your views as clearly as comments? material for the EPA and NHTSA panels possible, avoiding the use of profanity NHTSA and EPA will consider all and the audience. It would also be or personal threats. comments received before the close of helpful if you send us a copy of your Make sure to submit your comments business on the comment closing date by the comment period deadline statement or other materials before the indicated above under DATES. To the hearing. To accommodate as many identified in the DATES section above. extent practicable, we will also consider speakers as possible, we prefer that How do I submit confidential business comments received after that date. If speakers not use technological aids (e.g., information? interested persons believe that any new audio-visuals, computer slideshows). Any confidential business information the agency places in the However, if you plan to do so, you must information (CBI) submitted to one of docket affects their comments, they may notify the contact persons in the FOR the agencies will also be available to the submit comments after the closing date FURTHER INFORMATION CONTACT section other agency.6 However, as with all concerning how the agency should above. You also must make public comments, any CBI information consider that information for the final arrangements to provide your only needs to be submitted to either one rule. However, the agencies’ ability to presentation or any other aids to of the agencies’ dockets, and it will be consider any such late comments in this NHTSA and EPA in advance of the available to the other. Following are rulemaking will be limited due to the hearing in order to facilitate set-up. In specific instructions for submitting CBI time frame for issuing a final rule. addition, we will reserve a block of time If a comment is received too late for to either agency. for anyone else in the audience who EPA: Do not submit CBI to EPA us to practicably consider it in wants to give testimony. developing a final rule, we will consider through http://www.regulations.gov or The hearing will be held at a site e-mail. Clearly mark the part or all of that comment as an informal suggestion for future rulemaking action. accessible to individuals with the information that you claim to be disabilities. Individuals who require CBI. For CBI information in a disk or CD How can I read the comments submitted accommodations such as sign language ROM that you mail to EPA, mark the by other people? interpreters should contact the persons outside of the disk or CD ROM as CBI You may read the materials placed in listed under FOR FURTHER INFORMATION and then identify electronically within the docket for this document (e.g., the CONTACT section above no later than ten the disk or CD ROM the specific comments submitted in response to this days before the date of the hearing. information that is claimed as CBI. In document by other interested persons) NHTSA and EPA will conduct the addition to one complete version of the at any time by going to http:// hearing informally, and technical rules comment that includes information www.regulations.gov. Follow the online of evidence will not apply. We will claimed as CBI, a copy of the comment instructions for accessing the dockets. arrange for a written transcript of the that does not contain the information You may also read the materials at the hearing and keep the official record of claimed as CBI must be submitted for EPA Docket Center or NHTSA Docket the hearing open for 30 days to allow inclusion in the public docket. Management Facility by going to the you to submit supplementary Information so marked will not be street addresses given above under information. You may make disclosed except in accordance with ADDRESSES. arrangements for copies of the transcript procedures set forth in 40 CFR part 2. directly with the court reporter. In addition, you should submit a copy How do I participate in the public from which you have deleted the hearings? Table of Contents claimed confidential business NHTSA and EPA will jointly hold two I. Overview of Joint EPA/NHTSA Proposal on information to the Docket by one of the public hearings; one in Chicago on New Vehicle Labels methods set forth above. October 14, 2010, and one in Los A. Summary of and Rationale for Proposed NHTSA: If you wish to submit any Angeles on October 21, 2010, with both Label Changes information under a claim of daytime and evening sessions at each B. A Comprehensive Research Program confidentiality, you should submit three location. EPA and NHTSA will Informed the Development of Proposed copies of your complete submission, announce the specific hearing locations Labels including the information you claim to and times of day in a separate Federal C. When Would The Proposed Label be confidential business information, to Changes Take Effect? Register announcement. D. What Are The Estimated Costs and If you would like to present testimony Benefits of the Proposed Label Changes? 6 This statement constitutes notice to commenters at the public hearings, we ask that you pursuant to 40 CFR 2.209(c) that EPA will share E. Relationship of This Proposal to Other confidential information received with NHTSA notify the EPA and NHTSA contact Federal and State Programs unless commenters specify that they wish to submit F. History of Federal Fuel Economy Label their CBI only to EPA and not to both agencies. 7 49 CFR part 512. Requirements

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G. Statutory Provisions and Legal 1. Utility Factor Background CH4 Methane Authority 2. General Application of Utility Factors CNG Compressed 1. Energy Policy and Conservation Act 3. Calculating combined values using Cycle CO (EPCA) Specific Utility Factors CO2 2. Energy Independence and Security Act 4. Low Powered Vehicles. CREE Carbon-related Exhaust (EISA) C. Comparable Class Categories II. Proposed Revisions to the Fuel Economy D. Using Smartphone QR Codes® to Link Emissions Label Content (Metrics and Rating to Fuel Economy Information CS Charge Sustaining Systems) E. Fuel Economy Information in the DOE Department of Energy A. Conventional Gasoline, Diesel and context of the ‘‘Monroney’’ Sticker DOT Department of Transportation Hybrid Vehicles F. Miscellaneous Amendments and A mixture of 85% ethanol and 1. Fuel Economy Performance Corrections 15% gasoline 2. Fuel Consumption VII. Projected Impacts Of The Proposed EISA Energy Independence and 3. Greenhouse Gas Performance Requirements Security Act of 2007 4. Fuel Economy and Greenhouse Gas A. Costs Associated with this Rule EO Executive Order Rating Systems 1. Operations and Maintenance Costs and 5. Other Emissions Performance and Rating EPA Environmental Protection Agency Labor Hours EPCA Energy Policy and Conservation System 2. Facility Costs 6. Overall Energy and Environmental 3. Startup Costs Act Rating 4. Cost Summary EREV Extended Range 7. Indicating Highest Fuel Economy/ B. Impact of Proposing One Label to Meet EV Electric Vehicle Lowest Greenhouse Vehicles EPCA/EISA FCV Vehicle 8. SmartWay Logo C. Benefits of Label Changes FE Fuel Economy 9. Annual Fuel Cost D. Summary FFV Flexible Fuel Vehicle 10. Relative Fuel Savings or Cost VIII. Agencies’ Statutory Authority and FTC Federal Trade Commission 11. Range of Fuel Economy of Comparable Executive Order Reviews FTP Federal Test Procedure Vehicles A. Relationship of EPA’s Proposed GHG Greenhouse Gas 12. Other Label Text Requirements With Other Statutes and 13. Gas Guzzler Tax Information GVWR Gross Vehicle Weight Rating Regulations HCHO Formaldehyde B. Advanced Technology Vehicle Labels 1. Automobile Disclosure Act 1. Introduction 2. Internal Revenue Code HEV 2. EPA Statutory Requirements 3. Clean Air Act HFC Hydrofluorocarbon 3. Principles Underlying the Co-Proposed 4. Federal Trade Commission Guide HFET Highway Fuel Economy Test Advanced Technology Vehicle Labels Concerning Fuel Economy Advertising ICI Independent Commercial Importer 4. Key Advanced Technology Vehicle for New Vehicles IT Information Technology Label Issues 5. California Environmental Performance ICR Information Collection Request C. Labels for Other Vehicle/Fuel Label LEV II Low Emitting Vehicle II Technologies B. Statutory and Executive Order Reviews LEV II opt 1 Low Emitting Vehicle II, 1. Flexible Fuel Vehicles 1. Executive Order 12866: Regulatory 2. Vehicles option 1 Planning and Review and DOT MDPV Medium Duty Passenger 3. Dual Fuel Natural Gas & Gasoline Regulatory Policies and Procedures Vehicles (NHTSA only) Vehicle 4. Diesel Fueled Vehicles 2. Paperwork Reduction Act MPG Miles per Gallon III. Proposed Revisions to Fuel Economy 3. Regulatory Flexibility Act MPGe Miles per Gallon equivalent Label Appearance 4. Unfunded Mandates Reform Act MY Model Year A. Proposed Label Designs 5. Executive Order 13132: Federalism N2O Nitrous Oxide 1. Label 1 6. Executive Order 13175: Consultation NAICS North American Industry 2. Label 2 and Coordination With Indian Tribal Classification System B. Alternative Label Design (Label 3) Governments NEC Net Energy Change IV. Agency Research On Fuel Economy 7. Executive Order 13045: Protection of Labeling NHTSA National Highway Traffic Children from Environmental Health and Safety Administration A. Methods of Research Safety Risks 1. Literature Review 8. Executive Order 13211: Actions That NMOG Non-methane Organic Gases 2. Focus Groups Significantly Affect Energy Supply, NOX Oxides of Nitrogen 3. Internet Survey Distribution or Use NPRM Notice of Proposed Rulemaking 4. Expert Panel 9. National Technology Transfer NTTAA National Technology Transfer B. Key Research Questions and Findings Advancement Act and Advancement Act of 1995 1. Effective Metrics and Rating Systems for 10. Executive Order 12898: Federal Actions O&M Operations and Maintenance Existing and New Label Information to Address Environmental Justice in OCR Optical Character Recognition 2. Effective Metrics and Ratings Systems Minority Populations and Low-Income OMB Office of Management and for Advanced Technology Vehicles Populations. 3. Effective Metrics to Enable Vehicle Budget Comparison List of Acronyms and Abbreviations PEF Petroleum Equivalency Factor PHEV Plug-in Hybrid Electric Vehicle 4. Effective Whole Label Designs A/C Air Conditioning 5. Tools beyond the Label AC Alternating Current PM Particulate Matter V. Implementation of the New Label AIDA Automobile Information PZEV Partial Zero-Emissions Vehicle A. Timing Disclosure Act RCDA Actual Charge Depleting Range B. Labels for 2011 model year advanced RESS Rechargeable Energy Storage technology vehicles BTU British Thermal Units CAA Clean Air Act System C. Implementation of Label Content RFA Regulatory Flexibility Act VI. Additional Related EPA Proposals CAFE Corporate Average Fuel A. Electric and Plug-In Hybrid Electric Economy SAE Society of Automotive Engineers Vehicle Test Procedures CARB California Air Resources Board SAFETEA–LU Safe, Accountable, 1. Electric Vehicles CBI Confidential Business Information Flexible, Efficient Transportation 2. Plug-in Hybrid Electric Vehicles CD Charge Depleting Equity Act: A Legacy for Users B. Utility Factors CFR Code of Federal Regulations SBA Small Business Administration

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SFTP Supplemental Federal Test prominently features a letter grade to this proposal is also consistent with the Procedure communicate the overall fuel economy recent joint rulemaking by EPA and SOC State-of-Charge and —along NHTSA that established harmonized SULEV II Super Ultra Low Emission with projected 5-year fuel cost or federal greenhouse gas (GHG) emissions Vehicles II savings associated with a particular and corporate average fuel economy SUV vehicle when compared to an average (CAFE) standards for new cars, sport UDDS Urban Dynamometer Driving vehicle. The agencies are also seeking utility vehicles, minivans, and pickup Schedule comment on an alternative third label trucks for model years 2012–2016.8 UF Utility Factor design that follows a more traditional The agencies believe these new ULEV II Ultra Low Emission Vehicles format but presents some information labeling requirements for automobiles II differently. All labels expand upon the are important in light of a growing UMRA Unfunded Mandates Reform content found on the current label and national interest in both fuel economy Act include the following information for and . Historically, ZEV Zero Emission Vehicle conventional vehicles (advanced consumers have generally paid the most I. Overview of Joint EPA/NHTSA technology vehicle labels contain attention to fuel economy when fuel Proposal on New Vehicle Labels additional information tailored to the prices increase sharply over a short individual technology): period of time, such as in 2008, but the A. Summary of and Rationale for • City and highway fuel economy agencies believe that this phenomenon Proposed Label Changes values in miles per gallon. has changed and consumers will • This joint action by the Combined city/highway fuel continue in the future to pay more Environmental Protection Agency (EPA) consumption in gallons per 100 miles. attention to fuel economy. Based on • and the National Highway Traffic Safety Tailpipe carbon dioxide (CO2) projections from the U.S. Energy Administration (NHTSA) proposes what emissions in grams per mile. Information Administration that future • will likely be the most significant Annual fuel cost in dollars per year. gasoline prices will increase over • overhaul of the federal government’s A slider bar comparing the coming decades due to global economic fuel economy label or ‘‘sticker’’ since its combined fuel economy to all other growth and oil demand, we believe that inception over 30 years ago. vehicles. it is likely that consumer interest in and • The current fuel economy label A slider bar comparing the CO2 use of the fuel economy label will grow required on all new passenger cars, emissions to all other vehicles. over time.9 In addition, given the • light-duty trucks, and medium-duty A slider bar comparing non-CO2 increased awareness of consumers passenger vehicles contains the (‘‘other’’ or ‘‘-related’’) emissions to regarding climate change and air following core information, as required all other vehicles. pollution, more comprehensive • by statute: A symbol that can be read by a information on the emissions • City and highway fuel economy ‘Smartphone’ for additional consumer performance of vehicles, as required by values in miles per gallon. information (also known as a QR EISA, could help consumers make more ® • Comparison of the vehicle’s Code ). informed decisions on how a vehicle • combined city/highway fuel economy to A reference to a Federal government they buy may impact the environment. a range of comparable vehicles. Web site for additional information. It is also important for the agencies to • Estimated fuel cost to operate the Despite the fact that the co-proposed define labeling requirements for vehicle for one year. labels are based on the same underlying advanced vehicle technologies that are This joint proposal is designed to data, they are significantly different in nearing commercialization. The existing update the current label in order to terms of presentation and prominence. label has long provided city and increase the usefulness of the label in The agencies encourage public feedback highway fuel economy in terms of miles helping consumers choose more on the central question of which label per gallon (MPG) values, which the efficient and environmentally friendly design would be more useful and help agencies believe are well recognized and vehicles that would also meet new consumers select more energy efficient understood by consumers, and which requirements added by Congress. This and environmentally friendly vehicles are widely used as metrics for proposal also includes new label that meet their needs, or whether the comparing the efficiency of one vehicle designs for electric vehicles (EVs) and agencies should consider alternative to another. Since the late 1970s when plug-in hybrid electric vehicles designs. the fuel economy label was first (PHEVs), two advanced vehicle NHTSA and EPA are proposing these established by EPA as required under technologies that are beginning to enter changes because the Energy the Energy Policy Conservation Act the market. Independence and Security Act (EISA) (EPCA) of 1975, over 99 percent of the EPA and NHTSA are co-proposing of 2007 mandates several new labeling automobiles sold have been two label designs for public comment requirements intended to help conventional, internal-combustion without a single primary proposal, consumers make more informed vehicle engine vehicles that run on petroleum- although the final rule will adopt only purchase decisions, and because this is based fuels (or a liquid fuel blend one label design. Both label designs an appropriate time to develop new dominated by petroleum). When meet statutory requirements and rely on labels for advanced technology vehicles manufacturers produced different the same underlying data; they differ in (Battery Electric or EVs and Plug-In advanced technology vehicles, such as how the data is used and presented on Hybrid Vehicles or PHEVs) that are compressed natural gas vehicles, EPA the label. One is a more traditional label being commercialized. The agencies has generally addressed the need for design that retains the current label’s believe that a joint label meeting our labels on a case-by-case basis. focus on fuel economy values and separate statutory requirements and our annual fuel cost projections, with a shared consumer information objectives 8 75 FR 25324, May 7, 2010. 9 Annual Energy Outlook 2010, Department of general label layout more similar to the makes far more sense for both Energy, Energy Information Administration, DOE/ current label. The second label design consumers and manufacturers than EIA–0383 (2010), May 11, 2010, available at contains all appropriate information but separate labels. As a joint rulemaking, http://www.eia.doe.gov/oiaf/aeo/index.html.

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Over the next several model years, (2) The estimated annual fuel cost of Finally, given the goals described however, the agencies expect to see operating the automobile; above and the need to provide increasing numbers of EVs and PHEVs (3) The range of fuel economy of additional information on the label, the entering the marketplace. This proposal comparable vehicles of all agencies believe that the overall vehicle includes changes to the label to address manufacturers; label design format and content should some of the specific issues raised by the (4) A statement that a booklet is be reevaluated and could be improved. use of grid electricity as a fuel for EVs available from the dealer to assist in Simply including the additional and PHEVs. These vehicles will be making a comparison of fuel economy of information required under EISA for required to display labels containing the other automobiles manufactured by all both conventional and advanced same kind of information as manufacturers in that model year; technology vehicles necessitates a conventional vehicles, but some of that (5) The amount of the automobile fuel review of the overall label design. information may be better conveyed in efficiency tax (‘‘gas guzzler tax’’) As described above, the agencies view different ways, and consumers may be imposed on the sale of the automobile the purpose of the label as providing interested in different information for under section 4064 of the Internal information that will be most useful for these vehicles. For example, evaluating Revenue Code of 1986 (26 U.S.C. 4064); consumers in making informed the performance of a vehicle that uses and decisions regarding the energy grid electricity as some or all of its fuel, (6) Other information required or efficiency and emissions impacts of the or the cost of operating such a vehicle, authorized by the EPA Administrator vehicles they purchase. Providing presents unique challenges for making that is related to the information information on energy, environmental an informed comparison between required by (1) through (4) above.12 performance, and cost can educate different EVs and PHEVs, and between In the Energy Independence and consumers in various ways. These advanced technology vehicles and their Security Act of 2007 (EISA),13 Congress metrics have the potential to help conventional vehicle counterparts required that NHTSA, in consultation people who value this kind of including gasoline and diesel fueled with EPA and the Department of Energy information to make a more informed vehicles and hybrid gasoline electric (DOE), establish regulations to choice among different vehicles. It also vehicles (HEVs). implement several new labeling has the potential to inform people who The co-proposed label designs present requirements for new automobiles.14 currently place less or even no value on two approaches for addressing the NHTSA must develop a program that this kind of information, but who may complex challenges associated with requires manufacturers to label new decide it is more important to them at labels for these advanced technology automobiles with information reflecting some point in the future. NHTSA and vehicles, and the agencies encourage the an automobile’s performance with EPA are mindful that this is a public to comment on a wide range of respect to fuel economy and greenhouse complicated issue and that there is no possible solutions. The agencies gas and other emissions over the useful readily ascertainable metric to recognize that this is only the first life of the automobile based on criteria determine whether we have achieved generation of EV and PHEV labels, and provided by EPA.15 NHTSA must also this somewhat subjective and we expect to refine them over time as develop a rating system that makes it qualitative purpose. Therefore, EPA and we have done with conventional vehicle easy for consumers to compare the fuel NHTSA are co-proposing two options, labels. Additionally, the agencies economy and greenhouse gas and other and also taking comment on another recognize that other advanced emissions of automobiles at the point of alternative, that highlight a number of technology vehicles, such as fuel cell purchase, including designations of relevant issues on which we seek public vehicles (FCVs), may enter the automobiles with the lowest GHG comment. The agencies will consider all marketplace in the near future as well, emissions over the useful life of the public comments and publish a final but for purposes of this first effort we vehicles, and the highest fuel rule in the near future. 16 have chosen to focus on EVs and economy. B. A Comprehensive Research Program PHEVs. Specific label requirements for Thus, either the basic label for Informed the Development of Proposed other advanced technology vehicles will automobiles needs to be expanded to Labels be developed at a later time as those include additional information on vehicles enter the market. performance in terms of fuel economy, Since today’s proposal includes This joint proposal is designed to greenhouse gas and other emissions, or adding important new elements to the satisfy each agency’s statutory a new label needs to be required. existing label as well as creating new responsibilities in a manner that NHTSA and EPA believe that a joint labels for advanced technology vehicles, maximizes usefulness for the consumer, rulemaking to combine all of these EPA and NHTSA embarked on a while avoiding unnecessary burden on elements into a single revised fuel comprehensive and innovative research the manufacturers who prepare the economy label is the most appropriate program beginning in the fall of 2009. vehicle labels. Since 1977, EPA has way to meet the goals described above, The research helped inform the required auto manufacturers to label all rather than placing the information in development of the new labels being new automobiles,10 pursuant to EPCA.11 two separate labels with duplicative and proposed and included three phases of As amended, EPCA requires that labels overlapping information, which could consumer focus groups, a review of shall contain the following information: cause consumer confusion and impose available literature, and a day-long consultation with an expert panel of (1) The fuel economy of the unnecessary burden on the 17 individuals who have introduced new automobile; manufacturers. products or have spearheaded national 12 49 U.S.C. 32908(b). educational campaigns. 10 An ‘‘automobile’’ is defined for these purposes 13 For the focus groups, the agencies as a ‘‘4-wheeled vehicle that is propelled by fuel, Public Law 110–140. or by , manufactured primarily for 14 EISA Sec. 108, codified at 49 U.S.C. 32908(g). decided to use a three-phase approach use on public streets, roads, and highways’’ and 15 49 U.S.C. 32908(g)(1)(a)(i). ‘‘rated at not more than 8,500 pounds gross vehicle 16 49 U.S.C. 32908(g)(1)(a)(ii). rulemaking for MYs 2012–2016 CAFE and GHG weight.’’ See 49 U.S.C. 32901(a)(3) and 32908(a)(1). 17 The agencies also raised the issue of the standards for light-duty vehicles, 75 FR 25324 (May 11 Public Law 94–163. upcoming labeling requirements in the recent joint 7, 2010).

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in order to accommodate the sheer and were chosen because they have led year (MY) 2012 vehicles, consistent amount of information intended to be successful national efforts to introduce with the recent joint rulemaking by EPA covered in the groups, as well as to use new products or have spearheaded and NHTSA that established each phase to inform the next phase to national educational campaigns. After harmonized federal GHG emissions and help evolve the overall label design in viewing the draft labels, the expert CAFE standards for new cars, sport regard to both content and appearance. panel offered the agencies the following utility vehicles, minivans, and pickup Focus groups were held beginning in insights and guidance 19 that were key trucks for model years 2012 through late February through May 2010 in four in developing one of the co-proposed 2016.24 For those advanced technology cities: Charlotte, Houston, Chicago, and label designs, including: vehicles that will be introduced to the Seattle. Overall, 32 focus groups were • Keep it simple; we yearn for market prior to MY2012, EPA will work convened with a total of 256 simplicity (fewer, bigger, better). with individual manufacturers on a • Consumers don’t act on details. case-by-case basis to develop interim participants. We asked the focus groups • about the following issues: Remember the reality of very short labels under EPA’s current regulations • How they use the current fuel label viewing time—roll ratings and that can be used prior to MY2012 and metrics up into a single score. that are consistent with the proposed economy label, • • What feedback they could give us Use cost savings information- a very labels for advanced technology vehicles. on potential new information and strong consumer motivator. • Develop a Web site that would be D. What are the estimated costs and metrics for the label for conventional launched in conjunction with the new benefits of the proposed label changes? and advanced technology vehicles (EVs label. This consumer-focused, user and PHEVs), and The primary costs associated with this friendly Web site would provide more • What feedback they could give us, proposed rule come from revisions to specific information on the label after reviewing draft labels, on designs the fuel economy label and new testing including additional information on the and the level of information that makes requirements. As discussed in Section letter grade, along with access to the sense, as well as overall preference for VII of this preamble, we estimate that tools, applications, and social media. the costs of this rule are likely to be in displaying information. Beyond these two core research The insights received from the focus the range of $649,000—$2.8 million per elements, the agencies also undertook a groups were key for the agencies with year. This rule is not economically comprehensive literature review 20 and regard to individual metrics that significant under Executive Order 12866 drafted and had peer reviewed an consumers wanted to see on labels and or any DOT or EPA policies and internet survey. The agencies intend to also with regard to effective label procedures because it does not exceed administer the survey concurrently with designs. Overall, focus groups $100 million or meet other related the release of this proposal, and the indicated 18 standards. that redesigned labels must: results will be made publicly available • Create an immediate first The primary benefits associated with in the dockets for this proposal prior to impression for consumers. this proposed rule come from any issuing a final rule with the new label • Be easy to read and understand improvements in consumer decision- requirements. making that may lead to reduced vehicle quickly. The agencies also met with a number • Clearly identify vehicle technology and fuel costs for them. There may be of stakeholders, including (conventional, EV, PHEV). additional effects on criteria pollutants environmental organizations, auto • Utilize color. and greenhouse gas emissions. At this manufacturers, and dealers, to gather • Chunk information to allow people time, EPA and NHTSA do not believe it their input on what the label should and to deal with ‘‘more information.’’ is feasible to fully develop a complete should not contain, as well as to • Be consistent in content and design benefits analysis of the potential ascertain particular concerns.21 across technologies. benefits. • Allow for comparison across Comments received on labeling issues EPA and NHTSA request comment on in the context of the joint rulemaking on the assessment of the benefits and costs technologies. 22 • Make it easy to identify the most fuel economy and GHG standards, as presented in Section VII below. fuel efficient and environmentally well as for the 2006 fuel economy labeling rule,23 have also been E. Relationship of This Proposal to friendly vehicles. Other Federal and State Programs Following the focus group research, considered. This proposal involves the addition of we assembled an expert panel for a one C. When would the proposed label new information and design changes to day consultation and asked them to give changes take effect? us feedback on the draft label designs conventional vehicle labels and the The agencies propose that the final creation of specific labels for certain the focus groups had helped create and label changes will take effect for model to also assist us in identifying advanced vehicle technologies, but will opportunities and strategies to provide not impact other important elements of 19 Environmental Protection Agency Fuel the Federal government’s fuel economy more and better information to Economy Label: Expert Panel Report, EPA420–R– consumers so that they can more easily 10–908, August 2010. and GHG emissions regulatory assess the costs, emissions, and energy 20 Environmental Protection Agency Fuel programs. For example, this proposal efficiency of different vehicles. The Economy Label: Literature Review, EPA420–R–10– will not affect the fuel economy 906, August 2010. experts came from a variety of fields in compliance values used in NHTSA’s 21 Pursuant to DOT Order 2100.2, NHTSA will CAFE program, or the GHG emissions advertising and product development, place a memorandum recording those meetings it attended, and attach documents submitted by compliance values used in EPA’s GHG 18 Environmental Protection Agency Fuel stakeholders, as appropriate, when the information emissions control program. Nor will this Economy Label: Phase 1 Focus Groups, EPA420–R– received formed a basis for this proposal, and the proposal affect the methodology by 10–903, August 2010; Environmental Protection information can be made public, in the docket for which EPA generates the consumer fuel Agency Fuel Economy Label: Phase 2 Focus this rulemaking. economy values used on the vehicle Groups, EPA420–R–10–904, August 2010 ; and 22 Available at Docket No. NHTSA–2009–0059 Environmental Protection Agency Fuel Economy and EPA–HQ–OAR–2009–0472. labels and provided at http:// Label: Phase 3 Focus Groups, EPA420–R–10–905, 23 Available at Docket No. EPA–HQ–OAR–2005– August 2010. 0169. 24 75 FR 25324, May 7, 2010.

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www.fueleconomy.gov. The result of the Transportation (DOT) 25 and the Subcommittee was that ‘‘EPA devise a additional information, including Department of Energy (DOE). EPA is new MPG system for labeling new cars environmental information, appearing responsible for establishing the test and for the Gas Mileage Guide that on the label will necessitate that methods and procedures both for provides fuel economy values, or a additional information also be displayed determining the fuel economy estimates range of values, that most drivers can on this Web site in the future. Finally, that are displayed on the labels and in reasonably expect to experience.’’ 29 this proposal does not affect the test the annual booklet, and for the EPA commenced a rulemaking procedures that are used by EPA and calculation of a manufacturer’s process in 1980 to revise its fuel manufacturers to generate the Federal corporate average fuel economy. DOT, government’s vehicle fuel economy and and by delegation, NHTSA, is economy labeling procedures, and GHG emissions database. responsible for administering the CAFE analyzed a vast amount of in-use fuel This proposal also does not affect the compliance program, which includes economy data as part of that 30 vehicle labels required by the California establishing standards, determining rulemaking. In 1984, EPA published Air Resources Board which indicate compliance, and assessing any penalties new fuel economy labeling procedures relative ratings for ‘‘Smog’’ and ‘‘Global as needed. DOE is responsible for that were applicable to 1985 and later 31 Warming,’’ in fulfillment of that state’s publishing and distributing the annual model year vehicles. The decision was statutory requirements. The agencies are fuel economy information booklet. made to retain the FTP and highway test aware that the California labels provide EPA published regulations procedures, primarily because those information that is effectively implementing portions of the EPCA procedures were also used for other 26 duplicative with some of the statute in 1976. The provisions in this purposes, including emissions information on the labels that will result regulation, effective with the 1977 certification and CAFE determination. from this rulemaking effort, although model year, established the first fuel Based on the in-use fuel economy data, using different underlying rating economy label along with the however, it was evident that the final methodologies and presentational procedures to calculate fuel economy fuel economy values put on the labels approaches. It is the hope of both values for labeling and CAFE purposes needed to be adjusted downward in NHTSA and EPA that the Federal label that used the Federal Test Procedure order to reflect more accurately can meet the CARB requirements and, (FTP or ‘‘city’’ test) and the Highway consumers’ average fuel economy ‘‘ ’’ thus, preclude the need for a separate Fuel Economy Test (HFET or highway experience. The final rule, therefore, test) data as the basis for the set of labels. However, it is ultimately included downward adjustment factors calculations. At that time, the up to California to determine how to for both the city and highway label fuel implement its statute and, thus, beyond fundamental process for determining fuel economy was the same for labeling economy estimates. The city values the purview of this rulemaking to make (based on the raw FTP test data) were any such determination. as for CAFE, except that the CAFE calculations combined the city and adjusted downward by 10 percent and F. History of Federal Fuel Economy highway fuel economy values into a the highway values (likewise based on Label Requirements single number for manufacturers’ the raw highway test data) were 27 adjusted downward by 22 percent.32 The fuel economy label has evolved compliance purposes. several times since it was first required After a few years of public exposure In the early 2000s, EPA again began by Congress in the 1970s, both in to the fuel economy estimates on the investigating the accuracy of the fuel response to new statutory requirements labels of new vehicles, it soon became economy label estimates, and concluded and to changing policy objectives. There apparent that drivers were disappointed that driving behavior (e.g., higher have been important changes in the past by not often achieving these estimates average speed and acceleration) and to make the label more technically on the road and expected them to be as other factors (such as the use of ethanol accurate and understandable to accurate as possible. In 1978, Congress as a gasoline blending agent) had consumers. The changes being proposed recognized the concern about changed significantly since the are consistent with past efforts by EPA differences between EPA-estimated fuel correction factors were implemented in to make the fuel economy label more economy values and actual consumer 1985, leading again to a widening gap consumer friendly and effective over experience and mandated a study under between real-world fuel economy and time. This section provides a brief section 404 of the National Energy the label estimates that consumers saw Conservation Policy Act of 1978.28 In historical summary of the development when shopping for new vehicles. During February 1980, a set of hearings were of the fuel economy label. the development of vehicle emissions conducted by the U.S. House of The Energy Policy and Conservation regulations in the late 1990s, EPA had Act of 1975 (EPCA) established two Representatives Subcommittee on Environment, Energy, and National already conclusively found that the city primary fuel economy requirements: (1) and highway tests did not adequately Fuel economy information, designed for Resources. One of the recommendations in the subsequent report by the represent real-world driving, and in public use, in the form of fuel economy December of 2006 EPA finalized new labels posted on all new motor vehicles, 25 The CAFE-related responsibilities of the and the publication of an annual booklet Secretary of Transportation are delegated to the 29 House Committee on Government Operations, of fuel economy information to be made NHTSA Administrator at 49 CFR 1.50. ‘‘Automobile Fuel Economy: EPA’s Performance,’’ available free to the public by car 26 41 FR 38685, promulgated at 40 CFR part 600. Report 96–948, May 13, 1980. dealers; and (2) calculation of a 27 EPCA requires that manufacturers simply 30 ‘‘Passenger Car Fuel Economy: EPA and Road,’’ manufacturer’s average fuel economy comply with passenger car and light truck CAFE U.S. Environmental Protection Agency, Report no. standards, it does not require separate city and EPA 460/3–80–010, September 1980, and and compliance with a standard (later, highway standards for each type of automobile. ‘‘Technical Support Report for Rulemaking Action: this compliance program became known Thus, EPA calculates the average fuel economy for Light Duty Vehicle Fuel Economy Labeling,’’ U.S. as the Corporate Average Fuel Economy a manufacturer by weighting and combining the Environmental Protection Agency, Report no. EPA/ (CAFE) program). The responsibilities results of each automobile on the separate city and AA/CTAB/FE–81–6, October 1980. highway cycles. See 49 U.S.C. 32904(c). 31 49 FR 13845, April 6, 1984, and 49 FR 48149, for these requirements were split 28 Public Law 95–619, Title IV, 404, November 9, December 10, 1984. between EPA, the Department of 1978. 32 49 FR 13845, April 6, 1984.

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test methods for calculating the fuel • The range of fuel economy of average number of miles traveled by an economy label values.33 comparable automobiles of all automobile for each gallon of gasoline The 2006 final rule made three manufacturers, (or equivalent amount of other fuel) important changes. First, EPA’s new • A statement that a booklet is used, as determined by the methods brought the miles per gallon available from the dealer to assist in Administrator [of the EPA] under estimates closer to consumers’ actual making a comparison of fuel economy of section 32904(c) [of this title].’’ 40 fuel economy by including factors such other automobiles manufactured by all Additionally, EPA is required under as high speeds, quicker accelerations, manufacturers in that model year, EPCA to prepare a fuel economy booklet air conditioning use, and driving in cold • The amount of the automobile fuel containing information that is ‘‘simple temperatures. These revised fuel efficiency tax imposed on the sale of the and readily understandable.’’ 41 The economy estimates also reflect other automobile under section 4064 of the booklet is commonly known as the Internal Revenue Code of 1986; 36 and annual ‘‘Fuel Economy Guide.’’ EPCA conditions that influence fuel economy, • like road grade, wind, tire pressure, Other information required or further instructs DOE to publish and load, and the effects of different fuel authorized by the Administrator that is distribute the booklet. EPA is required properties. The new estimates took related to the information required to ‘‘prescribe regulations requiring effect with model year 2008 vehicles. [within the first four items]. dealers to make the booklet available to ‘‘ Second, EPA now requires fuel Under the provision for other prospective buyers.’’ 42 While the ’’ economy labels on certain heavier information EPA has previously booklet continues to be available in required the statements ‘‘your actual vehicles up to 10,000 pounds gross paper form, in 2006, EPA finalized mileage will vary depending on how vehicle weight, such as larger SUVs and regulations allowing manufacturers and you drive and maintain your vehicle,’’ . Manufacturers will be required to dealers to make the Fuel Economy and cost estimates ‘‘based on 15,000 post fuel economy labels on these Guide available electronically to miles at $2.80 per gallon’’ be placed on vehicles beginning with the 2011 model customers as an option.43 vehicle labels. year. Third, to convey fuel economy There are additional labeling 2. Energy Independence and Security information to the public more requirements found in EPCA for Act (EISA) effectively, EPA updated the design and ‘‘dedicated’’ automobiles and ‘‘dual The 2007 passage of the Energy content of the label. The rule required fueled’’ automobiles. A dedicated that new labels be placed on vehicles Independence and Security Act (EISA) automobile is an automobile that amended EPCA by introducing manufactured after September 1, 2007. 37 operates only on an alternative fuel. additional new vehicle labeling The fuel economy for each vehicle Dedicated automobile labels must also model continues to be presented to requirements, to be implemented by the display the information noted above. National Highway Traffic Safety consumers on the label as city and A dual fueled vehicle is a vehicle Administration (NHTSA).44 While EPA highway MPG estimates. which is ‘‘capable of operating on retained responsibility for establishing alternative fuel or a mixture of G. Statutory Provisions and Legal test methods and calculation procedures and diesel fuel, and on gasoline or Authority for determining the fuel economy diesel fuel’’ for the minimum driving estimates of automobiles for the purpose 1. Energy Policy and Conservation Act range (defined by the DOT).38 Dual of posting fuel economy information on (EPCA) fueled vehicle labels must: • labels and in an annual Fuel Economy Under EPCA, EPA is responsible for Indicate the fuel economy of the automobile when operated on gasoline Guide, NHTSA gained responsibility for developing the fuel economy labels that requiring automobiles to be labeled with are posted on all new light duty cars or diesel fuel. • Clearly identify the automobile as a additional performance metrics and and trucks sold in the U.S. and rating systems to help consumers beginning in MY 2011 all new medium dual fueled automobile. • Clearly identify the fuels on which compare vehicles to one another more duty trucks as well. Medium-duty the automobile may be operated; and easily at the point of purchase. passenger vehicles are a subset of • Contain a statement informing the Specifically, and for purposes of this vehicles between 8,500 and 10,000 consumer that the additional rulemaking, subsection ‘‘(g) Consumer pounds gross vehicle weight that information required by subsection Information’’ was added to 49 U.S.C. includes large sport utility vehicles and (c)(2) [the information booklet] is 32908. Subsection (g), in relevant part, vans, but not pickup trucks. EPCA published and distributed by the directed the Secretary of Transportation requires the manufacturers of Secretary of Energy.39 (by delegation, the NHTSA automobiles to attach the fuel economy EPCA defines ‘‘fuel economy’’ for Administrator) to ‘‘develop and label in a prominent place on each purposes of these vehicles as ‘‘the implement by rule a program to require automobile manufactured in a model manufacturers—to label new year and also requires auto dealerships 36 26 U.S.C. 4064. automobiles sold in the to maintain the label on the 37 49 U.S.C. 32901(a)(1) defines ‘‘alternative fuel’’ with information reflecting an automobile.34 as including—(A) methanol; (B) denatured ethanol; automobile’s performance on the basis EPCA specifies the information that is (C) other alcohols; (D) except as provided in subsection (b) of this section, a mixture containing of criteria that the [EPA] Administrator minimally required on every fuel at least 85 percent of methanol, denatured ethanol, shall develop, not later than 18 months economy label.35 As stated above, labels and other alcohols by volume with gasoline or other after the date of the of the Ten-in-Ten must include: fuels; (E) natural gas; (F) ; Fuel Economy Act, to reflect fuel • (G) hydrogen; (H) coal derived liquid fuels; (I) fuels The fuel economy of the (except alcohol) derived from biological materials; economy and greenhouse gas and other automobile, (J) electricity (including electricity from solar emissions over the useful life of the • The estimated annual fuel cost of energy); and (K) any other fuel the Secretary of Transportation prescribes by regulation that is not operating the automobile. 40 substantially petroleum and that would yield 49 U.S.C. 32901(a)(11). substantial energy security and environmental 41 49 U.S.C. 32908(c). 33 71 FR 77872, December 27, 2006. benefits.’’ 42 Id. 34 49 U.S.C. 32908(b)(1). 38 49 U.S.C. 32901(a)(9), (c). 43 71 FR 77915, Dec. 27, 2006. 35 49 U.S.C. 32908(b)(2)(A) through (F). 39 49 U.S.C. 32908(b)(3). 44 Public Law 110–140.

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automobile: a rating system that would final rule consistent with the agencies’ vehicles (PHEVs) 46—are one of the key make it easy for consumers to compare final decisions on label formats and reasons we are proposing new the fuel economy and greenhouse gas based on review and consideration of all regulations. The agencies are concerned and other emissions of automobiles at public comments. that current label requirements do not the point of purchase, including a adequately address these vehicles, and II. Proposed Revisions to the Fuel designation of automobiles— with the we are seeking to develop labels that are Economy Label Content (Metrics and lowest greenhouse gas emissions over useful and understandable to Rating Systems) the useful life of the vehicles; and the consumers, as well as equitable across highest fuel economy * * *’’ This section discusses the elements the range of different vehicles and Thus, both EPA and NHTSA have that the agencies are proposing for the technological approaches. Section C authority over labeling requirements fuel economy label. Section A discusses addresses some of the less common related to fuel economy and the range of options considered and fuels and fuel combinations for which environmental information under EPCA proposed for ‘‘conventional’’ petroleum- label templates must ultimately be and EISA, respectively. In order to fueled vehicles (i.e., those powered developed, such as compressed natural implement that authority in the most solely by gasoline or diesel fuel). gas and methanol. coordinated and efficient way, the Current hybrid vehicles, which are A. Conventional Gasoline, Diesel and agencies are jointly proposing the fundamentally gasoline-fueled Hybrid Vehicles revised labels presented below. NHTSA vehicles,45 will continue to use the same notes that its proposed regulatory text label as other gasoline vehicles, just as The complete effect of this proposal changes to 49 CFR Chapter V to they do today. Many of the approaches would be a single new label, which implement the EISA requirements (and discussed in Section A, such as the replaces the existing fuel economy label to make other proposed changes) are rating systems, will apply across all and which contains more information currently designated as ‘‘reserved.’’ This vehicles, including advanced than is currently displayed, even in the is not to suggest that these sections will technology vehicles. Section B case of conventional petroleum-fueled remain ‘‘reserved’’ (i.e., blank) for the specifically discusses the special cases vehicles. An example of the current final rule. NHTSA will add regulatory of advanced technology vehicles. These label is shown here to provide a basis text to implement the EISA vehicles—such as electric vehicles (EVs) for comparison with the proposed requirements in these sections for the and plug-in gasoline-electric hybrid labels.

The new single label is the result of information, as required by statute. This on the same underlying data and both EPA and NHTSA’s decision that it is expansion of the role of the label meet EPCA and EISA requirements, they good public policy to consolidate label beyond fuel economy information differ in how they present and requirements called for by EPCA and reflects the new EISA requirements, emphasize the information. One EISA. This label would contain which are premised on the concept that approach is more traditional, focusing information not only on a new vehicle’s greenhouse gas and other environmental primarily on MPG values and fuel economy, annual fuel cost, and information is also in the public secondarily on annual fuel cost, but range of fuel economy within class, but interest. adding new elements, such as In developing this proposal, the also, for the first time, information on a environmental information. A label agencies came up with two distinct new vehicle’s fuel consumption, using this approach would look familiar approaches for conveying information emissions, and comparative rating on the label. While both approaches rely to the public, with a style similar to the

45 Current hybrid vehicles obtain their electric braking. Thus, the vehicle’s energy source is still 46 Definitions for hybrid electric vehicles, electric power from their onboard conventional gasoline gasoline. vehicles, fuel cell vehicles, and plug-in hybrid engine and energy captured through regenerative electric vehicles can be found in EPA regulations at 40 CFR 86.1803–01.

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existing label. Requiring a label based the labels, how the agencies considered requirements by providing reasonable on the traditional approach assumes them, and how we are proposing that estimates of fuel economy performance that potential vehicle purchasers will they be displayed on each of the co- for the full useful life of a vehicle. use the information that is most proposed labels. Finally, consumers have shown a strong meaningful to them, whether that is familiarity with and preference for MPG 1. Fuel Economy Performance MPG, fuel cost, or other values. For values, and have consistently indicated example, participants in the focus Since 1977, the EPA fuel economy that these values are used as part of the groups leading up to this proposal label has represented the fuel economy vehicle purchase decision. indicated that, when considering the performance of a vehicle with estimates For these reasons, the agencies are current fuel economy label, nearly all of city and highway miles per gallon proposing to continue to provide mile used the city and highway MPG values (MPG). With more than 30 years of per gallon estimates to consumers, but almost exclusively, despite the presence consumers seeing these estimates as the with some changes relative to the of other data elements on the label; most prominent values displayed on the current label, and with markedly some also used annual fuel cost and fuel economy labels, it is not surprising different approaches on the two co- within-class comparison information.47 that the consumer research conducted proposed labels. The other approach uses the same as part of this rulemaking has revealed The agencies recognize that the focus data, but shifts the emphasis to a single, a strong attachment to city and highway group research suggested that more prominent value that reflects fuel MPG values. A combined city and consumers have a strong familiarity consumption and its counterpart, highway MPG value was first placed on with and preference for the city and greenhouse gas emissions, using a the label starting with model year highway fuel economy values 53 format the consumers will easily 2008—as part of the graphic showing (although this preference was much recognize—a letter grade. The associated the combined MPG value of the vehicle stronger for conventional vehicles than numerical values and other required compared with other vehicles in the for advanced technology vehicles; in elements would remain on the label, but same class 49 but, even prior to this, the those cases perhaps the complexity of with much less prominence. This combined MPG value has always been the labels encouraged them to part with approach makes it simpler for the a key input to estimating the annual fuel some of the numbers on the label). consumer to identify those vehicles that cost value required on the label.50 Focus group participants who argued use less oil and have a lesser Representing the vehicle’s fuel strongly for separate city and highway environmental impact and more clearly economy performance on the label with MPG values on the label often stated, for expands the role of the label beyond an estimate of miles per gallon is a core example, that most of their driving is fuel economy information. Many of the element of the fuel economy either city or highway, and that a focus group participants indicated that information requirements of EPCA, combined city-highway MPG value they trusted the EPA to determine which specifically states that the label might make it harder for them to which of these factors were important, must display ‘‘the fuel economy of the determine what MPG they should and the agencies believe that consumers automobile’’ and defines ‘‘fuel economy’’ reasonably expect for that vehicle.54 The might be more likely to consider a as ‘‘the average number of miles agencies believe that this apparent vehicle with higher fuel economy and travelled * * * for each gallon of preference was formed in large part lesser environmental impact if they gasoline.’’ 51 In addition, EPA and because of EPA’s decision to present were provided with a simpler label.48 NHTSA have determined that these as the dominant figures on the The agencies believe each approach continuing to display the fuel economy label for decades, not because has merit and that the public will be values on the label would also meet the consumers demanded these metrics 33 well-served by having both be fully new requirements put in place by EISA years ago. Had EPA been presenting the considered; therefore, EPA and NHTSA that call for a label ‘‘reflecting an combined number as the dominant are co-proposing two label designs automobile’s performance [based on figure on the label since 1977, we might based on these two approaches, without criteria determined by EPA] to reflect expect to see a great deal of familiarity either being the primary proposal. fuel economy * * * over the useful life with and understanding of that NHTSA and EPA expect that comments of the vehicle.’’ 52 Because vehicle fuel particular value today. However, the will provide valuable insight on these economy depends primarily on distinction between city and highway two proposed label designs, and seek fundamental vehicle design driving does not address the key comment on the merits and drawbacks characteristics that do not change over variables that could impact energy of each, recognizing that the label time, the agencies believe that fuel consumption for alternative design ultimately finalized may draw on economy remains essentially stable technologies, such as ambient elements from all the labels presented in throughout the life of properly- temperature. Thus, the agencies believe this proposal. The labels are presented maintained vehicles. Thus the agencies that, for labeling purposes, the city/ in Section III. Label designs 1 and 2 are believe that the current test methods highway distinction may be a less co-proposed, with Label 1 being the that determine label values for new relevant metric than in the past. letter grade approach and Label 2 being vehicles will meet the EISA Thus with Label 1, NHTSA and EPA the more traditional approach. Label 3, propose that the MPG values be on which comment is also sought, is an 49 The vehicle classes are defined in EPA significantly reduced in prominence alternative version of the traditional regulations at 40 CFR 600.315–08 and provide a (i.e., smaller font and ‘‘below the fold’’ approach. basis for comparing a vehicle’s fuel economy to that location on the label), with the letter of other vehicles in its class as required by statute. The subsections that follow describe See the discussion in section VI.C for a detailed grade rating assuming the predominant each of the data elements presented on discussion of the vehicle class structure. role. Given space constraints and the 50 Combined fuel economy is a harmonic average 47 Environmental Protection Agency Fuel of the City and Highway MPG values, with the City 53 Environmental Protection Agency Fuel Economy Label: Phase 1 Focus Groups, EPA420–R– value weighted 55% and the Highway value Economy Label: Phase 1 Focus Groups, EPA420–R– 10–903, August 2010, p. 10. weighted 45%. See 71 FR 77904, December 27, 10–903, August 2010, p. 10. 48 Environmental Protection Agency Fuel 2006. 54 Environmental Protection Agency Fuel Economy Label: Phase 1 Focus Groups, EPA420–R– 51 49 U.S.C. 32908(b)(1)(A). Economy Label: Phase 1 Focus Groups, EPA420–R– 10–903, August 2010, p. 36. 52 49 U.S.C. 32908(g)(1)(A)(i). 10–903, August 2010, p. 10.

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amount of information that is required since it is the metric that consumers are misleading comparative tool for to be provided on the label, continuing the most familiar with and have come consumers, particularly when it is used to display MPG estimates with the same to utilize on the label. However, it as a proxy for fuel costs. The problem or similar prominence would be likely downplays the separate city and can be easily illustrated by the following unnecessary and possibly untenable. highway value in favor of a single, figure, which shows the non-linear The city and highway MPG values combined MPG, because the agencies relationship between gallons used over would be available for those who wish believe that continuing to highlight a given distance and miles per gallon. It to use them, but the rating assumes the multiple pieces of fuel economy can be seen that the difference in key role of informing the public about information with the same level of gallons it takes to go 1,000 miles the relative energy use and carbon prominence could make it more difficult between 10 and 15 MPG (about 33 emissions of a vehicle. The agencies for consumers to compare vehicles, gallons) is substantially greater than the believe that this de-emphasis on MPG particularly across technology types, difference in gallons it takes to go the values would have two primary where MPG becomes a less meaningful same distance between 30 and 35 MPG benefits: First, the rating’s metric. A similar approach is taken on (about 5 gallons). In other words, even predominance should encourage Label 3. if consumers clearly understand that consumers to use it rather than the The agencies seek comment generally higher MPG is better, those comparing specific MPG values to compare across on these two approaches to displaying vehicles with relatively low MPG values vehicle technology types (particularly as fuel economy performance information may not know that MPG differences that MPG values become less meaningful for on the labels. Specifically, comment is appear to be small, even one or two vehicles that do not run, or only sought on whether or not the labels that MPG, may actually have very different partially run, on fuels dispensed by the emphasize combined city/highway MPG fuel consumption values, and that gallon); and second, to address the non- values over separate city and highway linearity of MPG with respect to energy MPG values are helpful to consumers, selecting the slightly higher MPG use, emissions, and cost, discussed and why or why not. If combined MPG vehicle could actually result in further in Section II.A.2, which becomes is preferred, comment is sought on significantly less fuel used, thus saving more important as significantly higher whether or not city and highway values a considerable amount of money. Fuel mileage vehicles are poised to enter the should continue to be displayed, and consumption numbers, unlike MPG, marketplace. why or why not. relate directly to the amount of fuel The agencies are proposing a different used. Mathematically, they represent approach for Label 2, in which the 2. Fuel Consumption gallon per mile, instead of miles per combined MPG value is displayed While miles per gallon is statutorily gallon. Not coincidentally, they also prominently, with separate city and mandated for fuel economy labels and relate directly to the amount of CO2 highway values continuing to be shown has appeared on the label for several emitted, because the grams of CO2 on the label, but as subordinate values. decades, the agencies have some produced are directly proportional to This approach focuses attention on MPG concern that it can be a potentially gallons of fuel combusted.

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This so-called ‘‘MPG illusion,’’ which is a direct reflection of the consumers to use a consumption has been widely written about by a environmental impact of vehicles in number, however, EPA and NHTSA number of economists to illustrate why use.’’ 58 believe that a comprehensive education MPG is a flawed measure of how a EPA responded to these comments in campaign would have to accompany the vehicle’s efficiency relates to fuel the 2006 final rule by concluding that roll-out of new labels. costs,55 was raised as an issue during switching to a consumption metric The agencies also seek comment on the development of the 2006 fuel without a long-term consumer the specifics of displaying a economy labeling rule. Some vehicle education program would cause consumption metric on the two labels manufacturers suggested at the time that confusion and that, absent being co-proposed. Although the label it may be more meaningful to express Congressional action, the fuel economy may provide city and highway MPG fuel efficiency in terms of consumption labels would still have to continue to values as well as a combined city/ (e.g., gallons per mile or per 100 miles) report MPG. EPA also agreed with highway MPG, we are proposing to rather than in terms of economy (miles commenters that the estimated annual require only the combined city/highway per gallon).56 Fuel consumption is the fuel cost was a consumption-based consumption value on the label. The primary metric used in Europe, and the metric which conveys essentially the agencies are concerned that requiring a Canadian fuel economy labels report same information (although the consumption value corresponding to both MPG and a consumption metric estimated annual fuel cost on the label every MPG value would lead to an (liters per 100 kilometers). Because a is not without its own limitations, as undesirable proliferation of numbers on few stakeholders expressed an interest described below). the label. To allow further consideration of this in a fuel consumption metric at the 3. Greenhouse Gas Performance time, EPA requested comments on a issue, the consumer focus groups gallons-per-mile metric and how it conducted for this rulemaking were In addition to the fuel economy could be best used and presented asked to specifically explore the MPG performance information that has been publicly, such as whether it should be illusion. Most participants were provided on the labels since 1977, included in the Fuel Economy Guide. unconvinced that consumption should Congress directed NHTSA, through The comments received in response to be included on the label with primary EISA, to require new vehicles to also be this request were mixed. Public Citizen, prominence and, although many were labeled with information reflecting their on the one hand, responded that, while unopposed to having it as additional greenhouse gas performance, which there may be some merit to including a information, it was unclear whether it would be determined on the basis of fuel consumption metric, consumers are would add value from their criteria provided by EPA to NHTSA. As comfortable with MPG. Any change, perspective.59 This was the case with fuel economy, the GHG they argued, should be carefully regardless of the consumption metric performance information would be per deliberated and involve a massive tested, ranging from gallons per 100 vehicle model type. EPA hereby public outreach campaign to educate miles to annual gallons consumed. proposes the criteria for determining consumers.57 They also suggested that However, there is general interest greenhouse gas performance, addressing the estimated annual fuel cost provides from a number of parties in the the greenhouse gases to be incorporated, information derived from consumption inclusion of a fuel consumption metric the emissions sources to include, the values and is thus a suitable proxy for on the label. The agencies, as well, underlying test procedures, and the consumption. , in contrast, believe that it is important to introduce specific metric to be used. The agencies commented that fuel consumption is a the concept of consumption to enable seek comment on whether these criteria, more meaningful measure than MPG for consumers to more accurately consider as described below, are reasonable and expressing fuel efficiency, while fuel use and costs during the vehicle appropriate for determining the acknowledging EPA’s statutory purchase process. Thus, the agencies greenhouse gas performance of new limitations. They noted—as have many propose to introduce such a metric vehicles. For purposes of this NPRM, others—that the MPG metric is along with the MPG values, expecting NHTSA is proposing that the fundamentally nonlinear in relation to that, over time, and with some greenhouse gas performance element of issues of consumer interest, such as cost education, consumers will begin to the label be based on these criteria. of fuel or gallons used, and noted that understand energy consumption and the These same greenhouse gas performance anecdotal evidence shows that the direct connection it has with the fuel values would also be used as the basis nonlinear aspects of MPG can lead to costs and environmental impacts of the for the proposed greenhouse gas rating consumer confusion. Toyota concluded vehicle. EPA is therefore proposing to systems. that ‘‘* * * this is a matter on which the include an estimate of gallons per 100 With regard to the greenhouse gases to EPA is obligated to educate the public miles on the label under its 49 U.S.C. be covered, the agencies propose that as fuel consumption, not fuel economy, 32908(b)(1)(F) authority to require other the label include greenhouse gas information related to fuel economy on performance information solely on the 55 Allcott, H., Mullainathan, S., ‘‘Energy: Behavior the label, and requests comment on basis of carbon dioxide (CO2) emissions, and Energy Policy,’’ Science, March 5, 2010, doing so, as well as on alternative which typically constitute available at: http://www.sciencemag.org/cgi/ options for reflecting fuel consumption, approximately 95% of the tailpipe content/summary/327/5970/1204; Larrick, R.L., 60 Soll, J.B., ‘‘The MPG Illusion,’’ Science, June 20, such as annual gallons consumed. For emissions of greenhouse gases. 2008, available at http://www.sciencemag.org/cgi/ Including emission levels of the content/full/320/5883/1593; McArdle, M., 58 Toyota Motor Corporation Comments on greenhouse gases methane (CH4) and ‘‘Department of Mathematical Illusion,’’ The Proposed Fuel Economy Labeling Of Motor nitrous oxide (N2O) along with CO2 Atlantic, December 24, 2007, available at: http:// Vehicles, EPA–HQ–OAR–2005–0169–0118.1, Mar www.theatlantic.com/business/archive/2007/12/ 31, 2006, p. 7. would not provide additional department-of-mathematical-illusion/2425/. 59 Environmental Protection Agency Fuel differentiation between vehicles. This is 56 US EPA Response to Comments: Fuel Economy Economy Label: Phase 1 Focus Groups, EPA420–R– because, for purposes of compliance Labeling of Motor Vehicles, EPA–420–R–06–016, 10–903, August 2010, p. 17. with EPA’s GHG standards beginning in 60 Dec 2006, pp. 60–61. This proposal is being made under EPA’s model year 2012, CH and N O values 57 Public Citizen Comments on Proposed Fuel authority to require other information related to fuel 4 2 Economy Labeling Of Motor Vehicles, EPA–HQ– economy on the label, as described in 49 U.S.C. would be based on emission factors–that OAR–2005–0169–0123.1, Apr 3, 2006, p. 4. 32908(b)(1)(F). is, set values applied to each vehicle,

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rather than direct measurements. proposing that manufacturers use the wording might be clearer and more Because these values would be set at the same five-methodology currently helpful to consumers. same level for all vehicles, the agencies utilized for fuel economy labeling Aside from tailpipe CO2, the agencies do not believe that including them purposes for determining GHG values are not proposing, but seek comment on would provide consumers with for purposes of the new label. the inclusion of an additional factor in additional useful information. As far as emission sources to include, the GHG performance used for labeling: Similarly, the agencies propose that NHTSA and EPA propose that the air conditioning (A/C) credits generated the greenhouse gas information be based greenhouse gas emissions represented by a manufacturer under the light duty on CO2 emissions for the vehicle model on the label include only vehicle vehicle GHG requirements. Air type, rather than the carbon-related tailpipe emissions,62 and do not account conditioning (A/C) systems contribute exhaust emissions (CREE) methodology for any GHG emissions generated to GHG emissions in two ways. used to determine fuel consumption for upstream of the vehicle. This approach Hydrofluorocarbon (HFC) refrigerants, CAFE programs and compliance with is also consistent with the vehicle GHG which are powerful GHGs, can leak the light duty greenhouse gas emissions compliance levels recently from the A/C system (direct A/C requirements. The use of CREE adds a adopted by EPA, which treat GHG emissions). Operation of the A/C system level of complexity that, while useful emissions for electric operation as zero also places an additional load on the

for compliance purposes, may not be up to a cumulative production cap per engine, which results in additional CO2 beneficial to public understanding of manufacturer.63 tailpipe emissions (indirect A/C related the relative differences in GHG emissions). The efficiency-related A/C emissions between vehicles because the When exploring this issue with focus impacts are accounted for in the five- levels of other carbon-related emissions groups, the agencies found that most cycle tests utilized for fuel economy participants did not consider the issue are low relative to CO2 emissions. labeling and proposed as the basis for Although the agencies propose that the of upstream emissions either way. A few GHG labeling purposes. However, EPA greenhouse gas information on the label raised it when they noted that an and NHTSA are considering whether electric vehicle indicated zero be based only on CO2, we also seek allowing manufacturers that generate comment on whether and, if so, how, emissions, and suggested that these credits towards their GHG compliance the other greenhouse gases and carbon- vehicles did cause some emissions at obligation by reducing A/C leakage- related emissions should be included. the power plant, which should be related GHGs should be allowed to 64 Regarding the underlying test represented on the label. On further factor these credits into the CO2 value procedures to be used to determine the discussion, they generally determined displayed on the label and used as the vehicle-specific GHG performance that it would be challenging for the label basis for the GHG rating. Allowing information for the labels, the agencies to meaningfully represent the range of manufacturers to factor A/C credits into propose that the CO2 values presented emissions from power plants operated the GHG performance metric on the on the label be based on the five-cycle on different fuels, and suggested that label would reward them for making test procedures that are currently this information was obtainable from A/C leakage improvements, but it would utilized for fuel economy labeling other sources.65 Given space constraints also cause the GHG performance value purposes.61 These test procedures and the difficulty of explaining the and the fuel economy performance measure rates of tailpipe CO2 and other potential range of upstream emissions value to diverge, and would impact the emissions, which form the basis of the due to different fuel sources, methodology for any rating system that fuel economy values currently used for participants tended to agree that this combines GHGs and fuel economy. vehicle labeling. The five-cycle test issue could be adequately addressed by Because A/C-related reductions are not procedures have been used for labeling a statement on the label indicating that ‘‘tailpipe,’’ including leakage since model year 2008, and have the CO2 values on the label represented improvements in the tailpipe emissions significantly improved the correlation vehicle tailpipe emissions only. The could be misleading and inaccurate. If between label values for MPG and those label designs presented in this NPRM the final label includes other non- seen in actual use. Manufacturers could include the words ‘‘Tailpipe Only’’ next tailpipe emissions, the agencies may thus calculate CO2 emission rates using to the CO2 value presented; the agencies consider incorporating A/C leakage the same approach that they use for seek comment on whether this wording improvements. EPA and NHTSA seek label fuel economy values, which the will be readily and uniformly comment on a number of issues: agencies know to be well-correlated understood to mean that upstream GHG whether including A/C leakage with actual performance in use. More emissions are not being reflected on the adjustments would lead to widening the specifically, if a manufacturer uses the label, or whether other, more direct gap between what is on the label and ‘‘derived five cycle’’ method for what consumers get in the real world; determining MPG for fuel economy 62 The agencies seek comment on the potential whether and, if so, how, to allow the use labeling, they would use the same inclusion of GHG emissions reflecting from A/C of A/C credits for the purposes of leakage credits, as described later in this section. method for determining CO2 for labeling labeling, with specific focus on the 63 EPA placed a cumulative production cap on the purposes. The city and highway CO2 methodology and how the labels might total production of EVs, PHEVs, and FCVs for emissions test results would then be which an individual manufacturer can claim the display the inclusion of A/C leakage used in the derived five-cycle equations, zero grams/mile compliance value during model credits if the agencies decided to allow which the EPA has converted from a years 2012–2016. The cumulative production cap their use. will be 200,000 vehicles, except that those MPG basis to a CO2 basis for this EPA and NHTSA are proposing to use manufacturers that sell at least 25,000 EVs, PHEVs, purpose. Similarly, vehicle model types and FCVs in MY 2012 will have a cap of 300,000 grams per mile as the metric to display that are using the ‘‘full five cycle’’ vehicles for MY 2012–2016. See 75 FR 25436 (May greenhouse gas performance method for fuel economy labeling 7, 2010). information on the label, which would 64 would use the CO2 results from those Environmental Protection Agency Fuel be consistent with the metric used for tests for purposes of fuel economy Economy Label: Phase 3 Focus Groups, EPA420–R– GHG emission standards and 10–905, August 2010, p. 42. labeling. The agencies are therefore 65 Environmental Protection Agency Fuel compliance for light duty vehicles. The Economy Label: Phase 3 Focus Groups, EPA420–R– agencies believe that this metric is also 61 40 CFR part 600.210–08. 10–905, August 2010, p. 42. consistent with requirements in 49

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U.S.C. 32908(g)(1)(A) that performance for comparison across comparable constant, but they may not remain reflect emissions ‘‘over the useful life of vehicles. exactly constant. The agencies therefore the automobile.’’ As with fuel economy, This variation—absolute rating seek comment on how significant this the agencies do not at this time expect scales—directly utilizes the actual fuel potential for inaccuracy could be on notable deterioration of greenhouse gas economy and CO2 performance values consumers’ ability to use the absolute emissions levels over a vehicle’s useful per vehicle model type to define the rating scales to compare fuel economy life. However, the agencies seek rating, which the agencies believe has and GHG emissions across vehicles, and comment on alternative approaches to both potential benefits and drawbacks. on whether commenters believe the convey GHG performance information, The agencies believe that, by rating labels would have to be revised in order such as tons per year, using an approach vehicles on an absolute scale, this to meet the statutory requirement every parallel to that discussed in section II approach clearly meets the text of the time a new ‘‘best’’ vehicle was for annual cost information. EISA requirement for providing fuel introduced if they were not economy and GHG performance accommodated by the end points. 4. Fuel Economy and Greenhouse Gas information and indicating highest fuel The second approach to a rating Rating Systems economy and lowest GHG vehicles. The system is also displayed on Label 1: A EISA requires that the label include a rating system allows the consumer combined rating scale for fuel economy ‘‘rating system that would make it easy looking at the label on the dealer’s lot and GHG emissions, shown in the form for consumers to compare the fuel to identify precisely the highest and of a letter grade. Because vehicles that economy and greenhouse gas and other lowest fuel economy values available, are low in CO2 emissions have emissions of automobiles at the point of the lowest and highest GHG emissions inherently good fuel economy (and vice purchase, including a designation of the values available, and where the vehicle versa), and because CO2 emissions are automobiles with the lowest greenhouse bearing the label falls in relation to the primary determinant of emissions over the useful life of the these extremes. When this variation was economy using EPA test procedures, vehicles, and the highest fuel economy. presented in focus groups, some vehicles would generally tend to have ***’’ 66 The two co-proposed label participants liked the level of detail the same ‘‘score’’ for fuel economy as for designs present two variations on provided by absolute rating scales and GHG emissions. Thus, if the ratings are ratings systems for fuel economy and found it helpful in understanding how equivalent, as a practical matter, it greenhouse gas emissions, based on two a vehicle compared to the ‘‘best’’ and would be consistent with the statutory interpretations of the statutory language. ‘‘worst’’ vehicles available, although requirement to provide a single, These two approaches—separate others found it to be more detail than combined rating system. absolute ratings for fuel economy and they wanted or did not pay attention to The proposed letter grade scale would greenhouse gases, and a relative rating this information on the label.69 range from A+ to D, including plus and that combines the two factors—are not However, even for those consumers minus designations to provide more mutually exclusive, and a label could who appreciate this level of detail in opportunities for improvement. All contain one or both. comparing vehicles by fuel economy vehicles would receive a ‘‘passing’’ In developing rating systems, the and GHG emissions, there is the grade—that is, the ratings would not agencies are cognizant of the focus possibility that the ‘‘best’’ will change include an ‘‘E’’ or ‘‘F’’ grade—because all group testing conducted for this over the course of the model year and vehicles must meet CAA requirements proposal, in which it appeared that that the MPG or gram/mile value at the in order to be sold, and the agencies do many participants did not rely on any end of the scale may no longer be not wish to convey otherwise. ‘‘ ’’ rating system. Perhaps due to their accurate. Highest and lowest values to Additionally, the A+ vehicles—with familiarity with the prominently be used on the scale would be provided associated text stating the range of letter grades—will indicate which vehicles are displayed MPG numbers, many to manufacturers by EPA prior to the the ‘‘best,’’ thus, meeting the participants relied initially and start of the model year via annual requirement that the label designate sometimes exclusively on MPG or MPGe guidance. Because these values will be highest fuel economy and lowest label values to compare vehicles to one based on the previous model year plus greenhouse gas vehicles. another.67 Given this result, the agencies any additional information regarding the upcoming new sales fleet available This variation of a fuel economy and are proposing two different approaches greenhouse gas rating system was to the ratings. to the EPA, they are expected to be relatively accurate. However, because suggested by the expert panel and was The first approach is displayed at the not presented in focus groups, but many bottom of Label 1 and Label 2: Separate they are projected values, the introduction during the model year of focus group participants favored the ratings scales for fuel economy and simplification of information presented greenhouse gas emissions, bounded by any new and unexpected vehicles not previously identified to EPA could when possible, and the agencies believe specific values for the ‘‘best’’ and the that such a well-known rating approach ‘‘worst’’ vehicles, and with specific fuel potentially cause inaccuracy in the end points of the rating scales. In general, will be immediately recognizable by the economy and GHG emissions values for majority of consumers. The agencies are the vehicle model type in question because of the expected introduction of electric vehicles, which have no tailpipe also hopeful that a rating system as identified in the appropriate location on simple as a letter grade may encourage the scale. The scales on Label 2 are CO2 emissions and thus anchor one end of the scale at zero, and because of the consumers to rely more on the rating essentially larger versions of those on system itself in making purchasing Label 1, with the addition of a within- expectation that, for the foreseeable future, one or more vehicles will anchor decisions, rather than on, for example, class indicator on the fuel economy MPG numbers, which are subject to the scale to meet the EPCA 68 requirement the opposite end at a relatively constant level, the agencies believe that the end ‘‘MPG illusion’’ issue discussed above. A letter grade allows vehicles 66 points will likely remain relatively 49 U.S.C. 32908(g)(1)(A)(ii). purchasers to make a comparative 67 Environmental Protection Agency Fuel Economy Label: Phase 3 Focus Groups, EPA420–R– 69 Environmental Protection Agency Fuel assessment among vehicles with 10–905, August 2010, p. 36. Economy Label: Phase 3 Focus Groups, EPA420–R– different grades, consolidating 68 49 U.S.C. 32908(b)(1)(C). 10–905, August 2010, p. 41. information so that consumers might

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more easily assess the GHG emissions CO2 emissions for the projected fleet, prior year if they are in a position to and fuel economy of different vehicles placing the middle of the rating scale at need to label a vehicle before the annual and make fully informed decisions. The the combined 5-cycle CO2 emissions guidance has been issued. The agencies agencies also request comment on rate for the median vehicle,71 with recognize that revising the median whether any vehicle should receive a equal-sized increments of CO2 assigned baseline vehicle each year may lead to grade of A+ or whether this might lead to each grade or rating.72 The higher- some consumer confusion, but this to mistaken consumer conclusion that GHG end of the scale would therefore be dilemma is no different than what the vehicle has no energy or twice the CO2 emissions rate of the consumers currently encounter when environmental impacts. median value, although, effectively, any they view identical vehicles from As noted above, CO emissions are 2 vehicle higher than this level would different model years and their directly measured by EPA and form the also receive the lowest rating. Under associated annual fuel cost or the basis for calculating the fuel efficiency such an approach, the median value of the vehicle; using CO as the basis for comparative fuel economy slider bar for 2 would become more stringent over time the rating is the most direct each vehicle displayed on today’s label. as a result of GHG emissions methodological approach and will avoid The agencies continue to believe that requirements and, thus, the entire scale any rounding discrepancies that could the underlying assumptions need to be occur from converting to MPG and then would shift toward lower GHG levels. up-to-date to be most useful to to fuel consumption. It also avoids the Unless a vehicle model reduced its rate consumers. Nevertheless, the agencies need to adjust the MPG thresholds by of CO2 emissions across the model request comment on what the agencies fuel type to account for differences in years, its ratings would gradually drop might do to avoid potential confusion. over time. This approach would be the energy content of fuel. Utilizing CO2 consistent with both the evolution of The following example is based on as the controlling factor in the rating model year 2010 data and assumes that thresholds is a practical consideration fuel economy and emission one or more vehicles that emit zero CO2 and is not meant to imply that GHG requirements, and the public tailpipe emissions (i.e., electric or fuel emissions are more important than expectation that products evolve over cell vehicles) have entered the market. energy use; both are relevant time. The CO2 thresholds associated Gasoline-equivalent MPG values are considerations and are viewed by the with each rating would be determined agencies as equally important under the on an annual basis and provided provided in the table for clarity. rating system.70 through guidance in advance of the However, the agencies propose that the The agencies propose to base this model year. EPA would require that CO2 values be controlling for purposes rating system approach on the range of manufacturers use the ratings from the of assigning the rating.

TABLE II.A.4–1—EXAMPLE FUEL ECONOMY AND GREENHOUSE GAS RATING SYSTEM

CO2 range Combined gasoline (grams per mile) Rating MPG or MPGe

0–76 ...... A+ 117 and higher. 77–152 ...... A 59–116. 153–229 ...... A¥ 40–58. 230–305 ...... B+ 30–39 306–382 ...... B 24–29. 383–458 ...... B¥ 20–23. 459–535 ...... C+ 18–19. 536–611 ...... C 16–17. 612–688 ...... C¥ 14–15. 689–764 ...... D+ 13. 765–842 and higher ...... D 12 and lower.

This example would result in the on 2010 vehicle model types, plus ‘‘Electric Vehicle’’ and ‘‘Plug-in Hybrid following distributions of ratings, based several additional vehicles indicated as Electric Vehicle.’’ 73

70 The direct relationship between CO2 and fuel not be a necessary consideration in the foreseeable that this methodology would create a situation consumption breaks down to some extent for future. where a vehicle such as the 2010 Toyota Prius vehicles with electric operation. For these vehicles, 71 Median vehicle is determined by vehicle model (which gets a combined MPG of 50 MPG) would tailpipe CO2 emissions are zero; however, energy is type, with model type as defined in 40 CFR receive only an average rating. Using this method consumed by the vehicle and an energy efficiency 600.002–08. would result in the vast majority of vehicles value other than infinity can be assigned. 72 The agencies evaluated several potential receiving a rating well below the middle rating, Nevertheless, given that electric drive trains are which would not seem to be an appropriate result currently much more efficient than those for methodologies for creating this rating system of a rating system. However, the agencies seek conventional vehicles, the relationship between besides equal increments of CO2. We rejected an comment on whether a combined rating system those vehicles emitting zero CO2 and having the approach that would create the rating system based highest energy efficiency holds true at the present on establishing equal size categories for the ratings based on MPG instead of on CO2 might be time. This approach may need to reassessed in the using miles per gallon—that is, taking the range of developed in a way that avoided these results. future if efficiencies of electric drive and MPG of the vehicle fleet and dividing that range 73 The additional vehicles are examples of types conventional vehicles begin to approach each other, into ten equal segments. Given that the fleet will expected to enter the commercial market. The CO2 or if it is desired to differentiate between the soon see vehicles that achieve MPG-equivalent and MPGe values shown are examples only and are efficiencies of electric-powered vehicles, but should values of 75 to 100, the agencies were concerned not based on any formal testing or certification data.

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RATINGS BY CLASS

A+ A A¥ B+ B B¥ C+ C C¥ D+ D

Small car ...... 1 2 8 71 215 306 79 57 30 2 ...... Midsize car ...... 6 5 79 92 43 6 8 ...... 2 Large car...... 11 31 41 10 13 6 ...... Minivan ...... 2 9 18 ...... 2 ...... Pickup ...... 2 30 56 52 9 ...... ...... 12 75 65 12 ...... SUV ...... 8 68 167 166 68 45 4 ...... Van ...... 4 2 10 ......

Applying this rating system to model as follows for the sample vehicles listed. could receive different ratings from year 2010 data would assign the ratings Of course, future model year vehicles those shown in this example.

CO2 g/mi MPGe Sample vehicles

A+ ...... 0–76 ...... 117 and up ...... Electric Vehicle. A ...... 77–152 ...... 59–116 ...... Plug-In Hybrid Electric Vehicle. A¥ ...... 153–229 ...... 40–58 ...... Ford Fusion Hybrid, Hybrid, Toyota Prius. B+ ...... 230–305 ...... 30–39 ...... Cobalt (Manual), Ford Escape Hybrid (2WD), Honda Fit, Nissan Altima Hy- brid, Toyota Camry Hybrid, Toyota Corolla (1.8L Manual), Toyota Yaris, Golf. B ...... 306–382 ...... 24–29 ...... Chevrolet Cobalt (Automatic), Chevrolet Malibu (2.4L), Ford Escape (2.5L Manual), Ford Escape Hybrid (4WD), Ford Focus, Ford Fusion (2.5L), Ford Ranger (2.3L Manual), (2.4L), Honda Civic, Honda CR–V (2WD), , Hyundai Sonata (2.4L), Jeep Patriot (2.0L, 2.4L Manual), Mazda 3, Nissan Altima (2.5L), Nissan Sentra, Porsche Boxster (Automatic), Toyota Camry (2.5L), Toyota Corolla (1.8L Automatic, 2.4L), Toyota Highlander Hybrid, Toyota Matrix, Toyota RAV4 (2.5L). B¥ ...... 383–458 ...... 20–23 ...... CTS (3.0/3.6L, Automatic), Chevrolet Impala, Chevrolet Malibu (3.5L and 3.6L), Chevrolet Silverado 15 Hybrid, Chevrolet Tahoe 1500 Hybrid, Charger (2.7/3.5L with 4-speed Automatic), Dodge Grand Caravan (4.0L), Ford Escape (2.5L Automatic), Ford Fusion (3.5L), (4.0L Manual), Ford Ranger (2.3L Automatic), GMC Canyon (2.9L), GMC Sierra 15 Hybrid, Honda Accord (3.5L), Honda CR–V (4WD), Hyundai Sonata (3.3L), Hyundai Santa Fe, Jeep Patriot (2.4L CVT), Nissan Altima (3.5L), Porsche Boxster (Manual), Subaru Forester, Toyota 4Runner (2.7L), Toyota Camry (3.5L), Toyota Highlander (2WD), Toyota RAV4 (3.5L), Toyota Tacoma (2.7L 2WD). C+ ...... 459–535 ...... 18–19 ...... BMW 750Li (4.4L 2WD), Cadillac CTS (3.0/3.6L, Manual), (6.2L Automatic, 7.0L), Chevrolet Express 1500 (4.3L), Chevrolet Silverado 15 (4.3L 2WD, 5.3L), Chevrolet Tahoe 1500, (3.5/5.7L with 5-speed Automatic), Dodge Grand Caravan (3.3L, 3.8L), Ford Explorer (4.6L 2WD), Ford F150 (2WD 6- speed Automatic), Ford Mustang (4.0L Automatic, 4.6L, 5.4L), Ford Ranger (4.0L Automatic), GMC Canyon (3.7L, 5.3L 2WD), GMC Sierra 15 (4.3L 2WD, 5.3L), Honda Pilot, Jaguar XJ, Jeep Grand Cherokee (3.7L), Kia Sedona, Toyota 4Runner (4.0L), Toyota Highlander (4WD), Toyota Sienna, Toyota Tacoma (2.7L 4WD, 4.0L Automatic), Toyota Tundra (4.6L 2WD).

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CO2 g/mi MPGe Sample vehicles

C ...... 536–611 ...... 16–17 ...... BMW 750Li (4.4L 4WD, 6.0L 2WD), Cadillac CTS (6.2L, Manual), Chevrolet Corvette (6.2L Manual), Chevrolet Express 1500 (5.3L), Chevrolet Silverado 15 (4.3L 4WD, 4.8L, 6.3L 2WD), Dodge Charger (6.1L), Ford Explorer (4.0L and 4.6L 4WD), Ford F150 (4-speed Automatic, 4WD 6-speed automatic), GMC Canyon (5.3L 4WD), GMC Sierra 15 (4.3L 4WD, 4.8L, 6.2L), Jeep Grand Cherokee (5.7L), Nissan Titan (2WD), Toyota Tacoma (4.0L Manual), Toyota Tundra (4.0L, 4.6L 4WD, 5.7L 2WD). C¥ ...... 612–688 ...... 14–15 ...... Aston Martin DBS, BMW M5, Cadillac CTS (6.2L, Automatic), Chevrolet Silverado 15 (6.3L 4WD), GMC Sierra 15 (6.2L 4WD), Land Rover Range Rover, LX 570, Maserati Quattroporte, Nissan Titan (4WD), Toyota Tundra (5.7L 4WD). D+ ...... 689–764 ...... 13 ...... Ferrari 599 GTB Fiorano, Mercedes-Benz Maybach 57. D ...... 765 and up ...... 12 and down ..... Ferrari 612 Scaglietti.

One potential issue with this ethanol have nearly equivalent ratios of that consumers have varying definitions approach is that a rating system based energy to carbon, the choice of MPGe of what constitutes a specific vehicle on CO2 emissions may not be an versus CO2/mile has minimal impact on class, thus making it challenging to adequate proxy for a fuel economy the rating system results, particularly for categorize vehicles in a way that is rating system if the agencies decide in liquid fuels. The agencies nevertheless useful for all consumers. seek comment on how significantly a the final rule to allow manufacturers to Nevertheless, EPA is seeking use A/C credits in determining their CO2-based rating system might impact comment on rating passenger cars CO emissions values. Since fuel diesel sales, and whether an MPGe- 2 separately from light duty trucks under economy by definition does not account based rating system might ameliorate its authority to require other for HFC leakage, a CO2 rating boosted by any such impact, and if so, how that A/C leakage credits would not rating system would need to be information related to fuel economy as accurately represent the vehicle’s fuel structured for technology neutrality. authorized by the Administrator at 49 76 economy rating. EISA requires that In practical terms, this means that the U.S.C. 32908(b)(1)(F). In this case, labels include a rating system that rating system would include all vehicles EPA would propose to use the same allows consumers to compare fuel for which fuel economy information and definitions for cars and trucks used for economy across vehicles, so a fuel labeling is required, which currently light-duty fuel economy and GHG economy rating system that includes includes all passenger automobiles and standards, which are NHTSA’s HFC leakage arguably would not meet light trucks as defined by NHTSA at 49 definitions provided in 49 CFR part 523. these requirements. The proposed Label CFR part 523. More specifically, the Doing so would be consistent with 1 would address this issue, rating system would span all automaker obligations under those whether A/C were included in the automobiles up to 8,500 pounds gross requirements, in which cars and trucks letter-grade rating or not, by virtue of vehicle weight, plus some vehicles have separate sets of standards. also having the absolute rating scale for (large SUVs and some passenger vans) Additionally, market research shows fuel economy at the bottom of the label. between 8,500 and 10,000 pounds gross that, while many people shop across Still, the agencies seek comment on vehicle weight. We believe that this is several narrowly-defined classes, about whether a rating system that combined consistent with the intent of Congress, two-thirds shop exclusively among based on the text of EISA which refers fuel economy and CO2 emissions could either trucks or cars. These consumers accurately describe both if A/C credits clearly to labels for ‘‘automobiles’’ rather might find it useful to compare among ‘‘ ’’ ‘‘ were permitted to be included in the than passenger or non-passenger only those vehicles of interest. If a automobiles,’’ and which states that the rating system for CO2. commenter believes that separate rating rating system must include a Another issue with using a CO2-based systems for cars and trucks would be designation of the vehicle with the method is the fact that some diesel preferable, EPA especially seeks vehicles would see their rating reduced highest fuel economy and lowest GHG emissions.74 The approach of including comment on whether those consumers by 1⁄2 letter grade—i.e., diesel vehicles all vehicles in a single rating system is that shop among both cars and trucks would appear ‘‘worse’’ to the consumer could adequately compare across their in the rating system—relative to an supported by the market research and literature reviews done for this vehicles of interest if ratings systems approach that relied on MPG or fuel were separated, and whether or not the consumption, given the higher carbon proposal, which show that, while prospective vehicle purchasers narrow emerging ‘‘’’ market will make content of a gallon of diesel fuel this ‘‘car/truck’’ distinction increasingly compared to a gallon of gasoline. This their choices by vehicle type early in the buying decision, they do not focus less relevant and potentially confusing could potentially discourage some sales to the public.77 of diesel vehicles if consumers are narrowly on a single class, at least as influenced by the rating system, which defined by EPA. Focus group participants indicated that they 76 NHTSA does not interpret 49 U.S.C. the agencies may not necessarily want 32908(g)(1)(A)(ii) as permitting rating systems based to accomplish. However, because a shopped, on average, across two to three vehicle classes.75 For these consumers, on less than the entire fleet, so a rating system for consistent basis is needed across all fuel economy and/or GHG emissions based on only fuels, MPGe would need to be used a single rating system will enable them the car or truck fleet would not be sufficient to satisfy EISA’s requirement, although EPA could rather than MPG: This would provide to make accurate vehicle comparisons across whichever vehicles they choose require such a rating system under its authority. equivalency on an energy basis rather 77 to shop. Market research also indicates For example, under NHTSA’s and EPA’s than a volume basis, and would allow definitions, the same version of a crossover could the use of an MPG-type metric across potentially be a ‘‘car’’ if it were two wheel drive and 74 49 U.S.C. 32908(g)(1)(A)(ii). a ‘‘truck’’ if it were four wheel drive. A consumer fuels that are not dispensed by the 75 Environmental Protection Agency Fuel looking at the labels of these two vehicles side by gallon, such as CNG and electricity. Economy Label: Pre-Focus Groups Online Survey side might find it challenging to understand why Since gasoline, diesel, biodiesel, and Report, EPA420–R–10–907, August 2010, p. 18. their ratings were different.

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5. Other Emissions Performance and for labeling purposes. The agencies instead to the California emissions Rating System assume that Congress did not intend to standards.80 Emission standards for create any new substantive In addition to fuel economy and these pollutants are aggregated into requirements as part of this labeling greenhouse gas information and ratings, bins; each bin contains emissions limits provision for pollutants that are not EISA requires new vehicles to also be on a gram per mile basis for each of the currently regulated and, thus, propose labeled with information reflecting a aforementioned pollutants for the useful that ‘‘other emissions’’ include those vehicle’s performance in terms of ‘‘other life of the vehicle, as shown in Table tailpipe emissions, other than CO , for emissions,’’ and a rating system that 2 II.A.5–1. To be eligible for sale in the which vehicles are required to meet would make it easy for consumers to United States, each vehicle model and current emission standards. These air compare the other emissions of configuration must be certified to a pollutants comprise both criteria automobiles at the point of purchase.78 specific bin, meaning that the emissions regulated under EPA’s Unlike fuel economy and GHG automaker is confirming that the vehicle National Ambient Air Quality Standards emissions, EISA does not expressly is designed not to exceed the specified and air toxics, and include: require the designation of the ‘‘best’’ • emission rates for any of the pollutants NMOG—non-methane organic over the useful life of the vehicles. vehicle in terms of other emissions. This gases; section lays out the criteria that EPA Automakers must submit data to EPA • NOX—oxides of nitrogen; proposes NHTSA use to form the basis • PM—particulate matter; that demonstrates compliance with for other emissions performance and • CO—carbon monoxide; and these levels, with a requirement that ratings. Concurrently, NHTSA proposes • HCHO—formaldehyde. their fleet achieve a sales-weighted NOX that these criteria be used as the Auto manufacturers must provide the average equivalent to the Bin 5 standard foundation for information that is agency with emission rates of these or cleaner annually. California and provided on the label. pollutants for all new light duty states that have adopted California Congress did not precisely define in vehicles each model year under EPA’s emissions standards in lieu of the EISA which of the pollutants in the Tier 2 light duty vehicle emissions federal standards have similar sets of universe of possible candidates for standards requirements,79 or the parallel emissions standards, known as the Low ‘‘other emissions’’ should be included requirements for those vehicles certified Emitting Vehicle II (LEV II) standards.81

TABLE II.A.5–1—U.S. EPA LIGHT DUTY TIER 2 EMISSION STANDARDS

Emission limits at full useful life (120,000 miles) for model year 2004 and later light duty vehicles, light duty trucks, and medium duty passenger vehicles

NOX NMOG CO PM HCHO (g/mi) (g/mi) (g/mi) (g/mi) (g/mi)

Bin 1 ...... 0 0 0 0 0 Bin 2 ...... 0 .02 0.01 2.1 0.01 0 .004 Bin 3 ...... 0 .03 0.055 2 .1 0 .01 0.011 Bin 4 ...... 0 .04 0.07 2.1 0.01 0 .011 Bin 5 ...... 0 .07 0.09 4.2 0.01 0 .018 Bin 6 ...... 0 .1 0 .09 4.2 0.01 0.018 Bin 7 ...... 0 .15 0.09 4.2 0.02 0 .018 Bin 8 ...... 0 .2 0 .125 4.2 0.02 0 .018

The agencies considered whether to interest in actual emissions levels across information on the label for ‘‘other provide specific information and ratings multiple pollutants was minimal, and emissions.’’ Nevertheless, the agencies for each of these individual pollutants this level of detail is likely to be well seek comment on whether pollutant- listed above. EPA Tier 2 emission beyond that which most members of the specific information and ratings might regulations do require manufacturers to public would seek or find useful.82 have value to consumers beyond what submit specific information regarding Repeatedly, focus group participants the agencies have seen in their focus the performance of each vehicle for each reflected that it was the job of the group research, and if so, how the of these pollutants, but the agencies government to determine the relative agencies might design a label to require believe that attempting to require all of importance of the pollutants, and that pollutant-specific information and it to be represented on the fuel economy the label should not leave this ratings that would make it easy for label, along with rating systems for determination up to the individual. consumers to compare other pollutant each, would be unduly burdensome and Given that EISA did not specify exactly emissions across vehicles at the point of not reasonable given space constraints which pollutants would make up ‘‘other purchase. and the need to present all the other emissions’’ and given focus group Instead, the agencies believe that a information required by EPCA and feedback that differentiation between rating based on the groups of emissions EISA. other emissions did not add value for standards—either the Federal Tier 2 bin In addition, in the focus groups many participants, the agencies are not system or the California LEV II system, conducted for this proposal, consumers’ proposing to provide pollutant-specific as appropriate—can and should be used

78 49 U.S.C. 32908(g)(1)(A). requirements are met. 42 U.S.C. 7507, Clean Air Act and Medium-Duty Vehicles, Title 13, California 79 40 CFR part 86, subpart S. Section 177, allows states, under certain conditions, Code of Regulations (last amended March 29, 2010). 80 42 U.S.C. 7543(b), Clean Air Act Section 209, to adopt California’s vehicle emission standards. 82 Environmental Protection Agency Fuel gives California special authority to enact stricter See 40 CFR 86.1844–01. Economy Label: Phase 1 Focus Groups, EPA420–R– 81 standards for motor vehicles than the The California Low-Emission Vehicle 10–903, August 2010, p. 29. federal government’s, as long as under certain Regulations for Passenger Cars, Light-Duty Trucks

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to meet this requirement. This approach requirements across multiple pollutants EPA and NHTSA therefore propose to mirrors the current Air Pollution Score into one category (a Tier 2 bin or a LEV establish a rating system for ‘‘other on EPA’s Green Vehicle Guide (http:// II standard). Though these systems are emissions’’ in which each rating is www.epa.gov/greenvehicle). Vehicle useful for regulatory compliance, they associated with a bin from the Federal certification under either the Federal have limited recognition among Tier 2 emissions standards (or Tier 2 bin system or the California LEV consumers. However, relative rating comparable California emissions II system allows auto manufacturers to systems are well-recognized by the standard). Table II.A.5–2 provides an certify that their vehicles will fall into public, and the Federal emissions bins example of how such a system would an emissions range across each of the and California standards categories are work for a ten-point rating scale.83 regulated pollutants. In effect, the well-suited to conversion to a relative Various graphical representations of this Federal and California systems rate rating system that would be readily rating are being contemplated, as vehicles according to their air pollution understandable. discussed in Section III. emissions by compiling the

TABLE II.A.5–2—PROPOSED RATING SYSTEM FOR OTHER EMISSIONS

California Air Resources Board Rating EPA Tier 2 emissions standard LEV II emissions standard

10 ...... Bin 1 ...... ZEV. 9 ...... N/A ...... PZEV. 8 ...... Bin 2 ...... SULEV II. 7 ...... Bin 3 ...... N/A. 6 ...... Bin 4 ...... ULEV II. 5 ...... Bin 5 ...... LEV II. 4 ...... Bin 6 ...... LEV II opt 1. 3 ...... Bin 7 ...... N/A. 2 ...... Bin 8 ...... SULEV II large trucks. 1 ...... N/A ...... ULEV & LEV II large trucks.

Because such a rating would be compare to one another. Many focus between the (different) end points for directly reflective of the emissions group participants expressed an interest other emissions, which would make standards requirements for air in most or all of the information that combining the ratings challenging at pollutants to which the vehicle is might be offered, until they saw that the best, and unhelpful at worst. Similarly, certified, the agencies believe that it label they had ‘‘designed’’ would be while a vehicle may fall at roughly the could serve the dual purposes of cluttered and difficult to read; at this same point between ‘‘best’’ and ‘‘worst’’ performance information and ratings for point, many culled their desired absolute values for both fuel economy ‘‘ ’’ information down to a few key other emissions as required by 49 and CO2 emissions, differences in scale U.S.C. 32908(g)(1)(A)(i) and (A)(ii). elements. Other participants simply make presenting that visually difficult Such an approach would have the were not interested in much detail. Yet and possibly factually incorrect. advantage of avoiding requiring detailed other participants insisted that they information on the label that would wanted more detail anyway and would Thus, if the agencies wanted to try to detract from the key elements and could not find labels with more information combine rating systems for visual be of minimal use to the majority of the distracting or confusing.84 simplicity and to appeal to consumers public. NHTSA and EPA seek comment One approach that emerged to who want labels with less information, on whether also utilizing the rating condense the level of detail was to a relative scale—1 to 10, 1 to 5, A+ to system to meet the requirement for combine rating systems: For example, a D¥is needed. The agencies tested performance information on other rating system that combined fuel combined relative scales for GHG and emissions would be permissible under economy and CO2 emissions, or that other pollutant emissions fairly EISA. combined CO2 and other pollutant extensively in the focus groups, with emissions, or that combined all three. mixed results. When environmental 6. Overall Energy and Environmental Because they have different sets of units Rating ratings were shown in the context of the and different scales, rating systems that label, the preference was for a One of the issues that came up combine different data elements must consolidated environmental rating, with frequently in the focus groups employ relative or unit-free scales, such participants expressing minimal interest conducted for this proposal was how to as the letter grade system, rather than in having separate information on design a label that balanced the absolute approaches like the separate greenhouse gases and other air pollutant competing interests of completeness and rating scales discussed above. Using the emissions; these participants often simplicity. It became clear that different bar as an example, if CO and other 2 stated that the EPA was in a better consumers wanted different amounts of pollutants were combined into a single information and levels of detail about bar, a vehicle that falls at one point position to assess the relative concerns regarding the various environmental fuel economy, GHG emissions, and between the absolute end points for CO2 other emissions, and how vehicles emissions may not fall at the same point factors than were the participants

83 Under EPA regulations, Independent Because the rating system being proposed for other the rating assigned to vehicles with the worst Commercial Importers (ICIs) are allowed to import pollutants on the FE label is based on the Tier 2 emissions under the Tier 2 bin structure). a limited number of older vehicles that can be bin structure, we are proposing that vehicles 84 Environmental Protection Agency Fuel certified to the emission standards which were in imported by ICIs that are not subject to the Tier 2 Economy Label: Phase 1 Focus Groups, EPA420–R– effect at the time the vehicle was produced. In some standards will automatically be rated as a ‘‘1’’ (i.e., cases, these standards may be pre-Tier 2 standards. 10–903, August 2010, p. 29.

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themselves.85 In contrast, however, information for purchasers who value TABLE II.A.6–1—POTENTIAL when the environmental rating low emission levels and an opportunity COMPREHENSIVE RATING approaches were shown in isolation, to raise awareness among other apart from the context of the entire consumers of which vehicles produce Overall energy and envi- label, many participants indicated a lower emissions. And finally, as Fuel economy/ ronment rating preference for two separate ratings, greenhouse gas discussed above, the agencies have rating Bin Bin Bin arguing that more complete information determined that a rating for ‘‘other 1, 2, 3 4, 5 6, 7, 8 holds more value.86 emissions’’ also meets the EISA Congress required in EISA that each requirement of providing vehicle A+ ...... A+ A+ A new vehicle must be labeled with a A ...... A+ A A¥ performance information for those ¥ ¥ ‘‘rating system that would make it easy emissions. Combining this rating for A ...... A A B+ B+ ...... A¥ B+ B for consumers to compare the fuel ‘‘other emissions’’ with ratings for fuel economy and greenhouse gases and B ...... B+ B B¥ economy and greenhouse gases would ¥ ¥ other emissions of automobiles at the B ...... B B C+ potentially be at odds with this C+ ...... B¥ C+ C point of purchase, including a requirement. For these reasons, the C ...... C+ C C¥ designation of automobiles with the agencies propose that the rating for C¥ ...... C C¥ D+ lowest GHG emissions over the useful ¥ ‘‘other emissions’’ be separate from the D+ ...... C D+ D life of the vehicles; and the highest fuel D ...... D+ D D¥ economy* * *’’ Thus, for purposes of rating(s) for fuel economy and greenhouse gases. meeting the statute, the question is 7. Indicating Highest Fuel Economy/ whether a rating that combined two or Nevertheless, while some focus group Lowest Greenhouse Vehicles all three elements could accurately participants wanted more information, reflect which vehicle achieves the most clearly wanted less and suggested In addition to ratings indicating lowest GHG and the highest fuel that they would glean little additional relative emissions performance, EISA economy. For purposes of meeting value from a label with separate ratings. also requires the rating system to include ‘‘a designation of automobiles consumers’ needs in a label, the The agencies seek comment on whether with the lowest greenhouse gas question is how to design a label that is it would be more useful to provide a emissions over the useful life of the helpful both to the people who want single rating that captures all three more information and detail and to the vehicles; and the highest fuel economy.’’ elements: fuel economy, greenhouse Depending on the rating system(s) people who want less information and gases, and other emissions. As a matter detail. Given the EPCA requirements for selected, differing approaches may be of technical appropriateness, although needed to achieve this requirement. For fuel economy and annual cost there is not a strong correlation between information, and the EISA requirements example, if the fuel economy and emissions of CO2 and emission of other for performance information on fuel greenhouse gas ratings are provided pollutants, there is some correlation. separately, such as with the absolute economy, greenhouse gases, and other The vehicles with the lowest fuel emissions, the agencies believe that the bars shown on labels 1 and 2, economy levels and highest CO2 consumers would be able to easily needs for more detail-oriented emissions do not typically meet the consumers will likely be adequately identify the highest fuel economy and cleaner emission bins; conversely, those met. lowest greenhouse gas emitting vehicles

In the previous section we discussed with high fuel economy and low CO2 by looking for those that have the an approach to combining fuel economy emissions are rarely, if ever, certified to highest absolute values. If fuel economy the higher emission bins. and CO2 into one overall rating; in this and greenhouse gases are combined into section the agencies discuss the Including other emissions in the one rating, such as with the letter grade additional option of also combining rating system to form one rating would system, but are provided separately ‘‘other emissions’’ with either CO2 or simplify for the consumer the overall from other emissions, again consumers with a combined fuel economy/CO2 energy and environmental impact of should be able to easily identify the rating. EPA and NHTSA recognize that using the vehicle, thus reducing their highest fuel economy/lowest GHG there is not a strong correlation between need to weigh the relative importance of vehicles by looking for those that CO2 and other emissions, due to the various elements. It also allows the achieve the best rating category. sophisticated emission control systems, label to be less cluttered and more However, this will likely encompass such as catalytic converters and exhaust streamlined. more models than would be designated gas recirculation, which target ‘‘best’’ under an absolute rating system, Therefore, it is possible and perhaps reductions of specific pollutants but do which may or may not have been the reasonable to combine ‘‘other emissions’’ not also reduce CO2 emissions. In intent of EISA. In that instance, the addition, the agencies are cognizant of with the fuel economy/CO2 letter grade rating system itself meets the the very real challenges automakers approach. Under this approach, the requirement for designation of lowest must overcome to achieve the required rating for fuel economy and greenhouse GHG automobiles, defined in that case emissions levels and do not wish to gases applicable to a vehicle would be as the group of vehicles that achieve the deprive them of public recognition of adjusted upward or downward, based best rating category. advancements in reducing air pollutants on the Federal emissions bin (or If, on the other hand, fuel economy that could come with a separate rating California standard) to which the and greenhouse gases are combined system for pollutants. Moreover, a vehicle is certified. That is, vehicles that with other emissions into a separate rating would provide are certified to the cleanest bins would comprehensive rating, and no other have their rating increased—for information on the label indicates the 85 Environmental Protection Agency Fuel example, under a letter grade system, a highest fuel economy/lowest GHG Economy Label: Phase 1 Focus Groups, EPA420–R– Bin 2 vehicle otherwise eligible for a B+ vehicles, then the rating system would 10–903, August 2010, p. 25. would have their rating increased to an need to be adjusted in order to ensure 86 Environmental Protection Agency Fuel ¥ Economy Label: Phase 3 Focus Groups, EPA420–R– A . Table II.A.6–1 illustrates how such that EISA requirements were met. The 10–905, August 2010, p. 39. a system could work. agencies seek comment on whether

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separate ratings should be provided for on the label for applicable vehicles. This vehicles of the same model year. In other emissions or whether a single logo would indicate in a binary fashion, retrospect, it is possible that providing combined rating for fuel economy, GHG similar to other eco-labels, whether \ a this information on the label about the and other emissions should be vehicle meets certain environmental assumptions behind the annual fuel cost provided. and energy use thresholds. Specifically, number resolved one issue and caused others, in that now there are two more 8. SmartWay Logo the agencies seek comment on whether including the SmartWay logo would be numbers for the consumer to process EPA and NHTSA additionally seek helpful to consumers on a label that and question. There is also the comment on utilizing the SmartWay already addresses fuel economy, GHGs, possibility that consumers are not aware logo as an indicator of a high level of and other emissions in other formats. that the two assumptions are used overall environmental performance. The universally across all vehicles, which SmartWay logo appears as follows: 9. Annual Fuel Cost would call into question the usefulness EPCA requires the estimated annual of the metric as a comparative tool at the fuel cost be displayed on the fuel point of purchase (for example, if they economy label.88 Prior to 2008, the label believe that the manufacturers The SmartWay logo could be added to simply displayed the estimated annual individually determine the inputs to the the label as a way of highlighting the top cost with no explanatory information. estimated annual fuel cost). However, environmental performers each model EPA’s consumer research in 2006 found participants in the Phase 3 focus groups year. This approach is contemplated for that consumers paid little attention to leading up to this NPRM consistently labels 2 and 3. this metric, and the reason most employed the annual fuel cost The trademarked SmartWay frequently stated was that the information (along with MPG) when designation was launched in 2005 on assumptions behind the estimate asked to compare the fuel efficiency of the EPA’s Green Vehicle Guide Web site (annual miles and fuel price) were advanced technology vehicles like (http://www.epa.gov/greenvehicle) to unknown to them.89 As a result, the PHEVs and EVs with conventional provide consumers with a quick and 2008 label modifications included a vehicles, with their more complicated easy way to determine which vehicles requirement that these assumptions be set of energy metrics.92 were the cleanest and most fuel efficient placed on the label.90 EPA publishes Recognizing the EPCA statutory for each model year. It has been annual guidance directing requirement to continue to display the awarded to those vehicle models that manufacturers what fuel price to use for estimated annual fuel cost, EPA requests achieve certain thresholds on the determining annual cost—based on comment on how to improve Greenhouse Gas score (which is tied to projections made by the Department of consumers’ understanding of the the vehicle’s fuel economy and fuel Energy 91—so that all vehicles in a given estimated annual fuel cost, whether it is type) and the Air Pollution score (which model year use the same assumptions. a useful comparative tool across is tied to the Tier 2 bins or California The estimated annual fuel cost can technologies, and if so, how to best standards, as applicable). Historically, therefore be used to compare across communicate on the label that it is a the SmartWay thresholds determined by vehicles of the same model year. As an valid comparative tool. EPA also EPA have been targeted to example, the estimated annual fuel cost requests comment on whether there approximately the top 20% of vehicle to be used for labels on model year 2008 might be an additional way to display models each model year, and have been gasoline-fueled vehicles is $2.80. fuel cost information—or a better way of tightened over time as the fleet has Despite the addition to the label of the displaying the required information— become cleaner and more fuel efficient. assumptions behind the annual fuel cost that might be more useful or might have The SmartWay logo for light duty starting in 2008, the early focus groups a greater impact on consumers. In the vehicles is currently being used on a conducted in 2010 showed that many 2010 focus groups, some groups were voluntary basis by auto manufacturers, participants still did not pay much presented with a number of different vehicle-search web sites, rental car attention to the estimated annual fuel ways of displaying fuel costs on the companies, banks/credits unions (green cost metric. Participants often stated label, ranging in magnitude from dollars vehicle loan programs), and private that this was because fuel prices per mile to dollars per five years.93 A companies (light duty commercial fleets fluctuate and, therefore, they did not fairly clear preference emerged for and employee incentive programs). The think that the fuel price assumption dollars per year, with dollars per month SmartWay logo was included on labels stated on the label reflected what they a frequent second choice.94 EPA is thus shown to focus group participants for were actually paying. Less frequently, proposing labels that continue to this rulemaking. Although participants participants additionally said that the prominently display the estimated did not recognize the logo, most readily fact that they did not drive 15,000 miles annual fuel cost and the associated understood that they could use it when a year made the estimated annual cost assumptions. EPA is requesting shopping for vehicles to quickly identify not meaningful to them. Participants comment on whether the label should those that were environmentally remained skeptical of the use of include the estimated monthly fuel cost, friendly, without having to review the estimated annual fuel cost even when or other alternative cost information. rest of the environmental information asked to consider whether it could be a Commenters should bear in mind the on the label.87 useful comparative metric across other statutory requirement that estimated Because focus groups have indicated annual fuel cost be on the label; thus that some consumers prefer more 88 49 U.S.C. 32908(b)(1)(B). detailed information while others prefer 89 PRR, Inc., EPA Fuel Economy Label Focus 92 Environmental Protection Agency Fuel a simpler presentation, the agencies are Groups: Report of Findings, prepared for U.S. Economy Label: Phase 3 Focus Groups, EPA420–R– seeking comment on whether to require Environmental Protection Agency, March 2005. 10–905, August 2010, p.37. 90 40 CFR 600.307–08. 93 Environmental Protection Agency Fuel or optionally allow the SmartWay logo 91 The Department of Energy’s Energy Information Economy Label: Phase 1 Focus Groups, EPA420–R– Administration publishes gasoline and diesel fuel 10–903, August 2010, p. 19. 87 Environmental Protection Agency Fuel price forecasts at least annually in its Annual 94 Environmental Protection Agency Fuel Economy Label: Phase 3 Focus Groups, EPA420–R– Energy Outlook, available at http:// Economy Label: Phase 1 Focus Groups, EPA420–R– 10–905, August 2010, p. 41. www.eia.doe.gov/oiaf/aeo/index.html. 10–903, August 2010, p. 19.

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any other cost would have to be an efficient in response to regulations and perceive these values as interacting with additional piece of information. market forces. The guidance would also each other and we intend to explore this include the fuel prices to be used to issue further prior to finalizing this 10. Relative Fuel Savings or Cost calculate fuel cost savings for the proposal, including exploring research The expert panel recommended particular vehicle, based on its conducted in executive branch agencies. another approach to presenting fuel cost applicable fuel type. Finally, we 11. Range of Fuel Economy of information—to focus on the savings propose to round the fuel cost savings Comparable Vehicles attainable by purchasing a more fuel values used on the label to the nearest efficient vehicle. These panelists felt one hundred dollars to avoid implying EPCA requires that the label contain strongly that savings is a much more more precision than is warranted, as ‘‘the range of fuel economy of powerful message than cost, which well as for ease of recall. comparable automobiles of all tends to be discounted, as just As previously stated, vehicles with a manufacturers,’’ a requirement that the discussed. Although savings higher fuel economy than the median label addressed somewhat awkwardly calculations would necessarily also rely vehicle would be designated as saving for many years.95 As a result of EPA’s on assumptions, they suggested that the the consumer a certain number of 2006 labeling rule, the labels now use a value of savings to the consumer is dollars over a five year period. For those graphical element to show the significant enough to overcome these vehicles with fuel economy lower than performance of the labeled vehicle drawbacks, at least for a substantial the median vehicle, the label would relative to the best and worst within that portion of the population. NHTSA and state that the consumer would spend a vehicle class.96 In the 2010 focus EPA therefore propose including a five- certain number of dollars more over a groups, it became clear that this year savings value on Label 1. No such five year period. Vehicles that are information, though more prominently value is proposed for Labels 2 or 3, within fifty dollars of the reference displayed on today’s fuel economy label although the agencies could also require vehicle fuel cost could be designated as than in previous iterations of the label, savings information on these labels, if saving zero dollars. Alternatively, text continued to be under-utilized by one of them were finalized. could indicate that this vehicle is consumers as a tool to assist them in The agencies explored a number of comparable to the average vehicle. making vehicle purchase decisions. methods for calculating savings. The Although the agencies recognize that EPA is now proposing two possible most promising approach seems to be ‘‘median’’ is a more accurate term than ways of meeting this statutory savings compared to the projected ‘‘average,’’ we propose the use of the requirement. Given the likelihood of median vehicle for that model year, and term ‘average’’ as being more readily more information on the label, a graphic the agencies propose this method. Thus, understandable. as used on the current label that repeats some vehicles would show a savings, Other methods considered include the combined fuel economy number while others would show consumers savings compared to the average vehicle may overly complicate the new label. paying more for fuel over five years one grade lower, and fuel cost savings Thus one option being proposed is compared to a reference vehicle; these compared to vehicles 10 MPG lower. simply a text statement that would read values would increase in magnitude the These approaches had certain positive ‘‘Combined fuel economy for [insert further the vehicle is in terms of fuel aspects, particularly in that they vehicle class] ranges from XX to XX.’’ consumption from the reference value. demonstrated the value of incremental This approach is used on Labels 1 and This approach appropriately reflects improvements in vehicle choice. In the 3. The other option EPA is proposing is that fuel cost savings become larger the main, however, they provided values essentially an updated version of the more a vehicle improves their fuel that seemed to be difficult to interpret current graphical representation, which economy, and conversely that vehicles and could perhaps cause perverse combines the fuel economy rating across cost more to fuel when fuel efficiency is effects. For example, a vehicle at the all vehicles with the within-class decreased when compared to the high end of their grade or rating would information into one graphical element, reference, median, vehicle. have a higher savings value than a as shown in Section III as part of Label As with the fuel economy and vehicle at the low end of their grade or 2. greenhouse gas rating system and rating. This might be valuable for those The agencies believe that one of these comparable class information, the EPA who are considering vehicles within the approaches could be used to satisfy the would provide annual guidance same grade. However, for those statutory requirements in 49 U.S.C. indicating the value to be used as the shoppers who glanced at the number 32908(b)(1)(C) (‘‘the range of fuel reference against which the fuel cost quickly, they might erroneously economy of comparable automobiles’’). savings would be measured. The conclude that, for instance, a vehicle at As an alternative, EPA seeks comment reference five-year fuel cost would be the low end of the B- grade would save on whether the requirement to indicate calculated by applying the gasoline fuel less on fuel costs than a vehicle at the fuel economy of comparable vehicles is price to the average miles driven over high end of the D+ grade. The agencies met by the overall fuel economy rating the first five years of the reference seek comment on this and alternative required by 49 U.S.C. 32908(g)(1)(A)(ii) vehicle’s life, assuming a particular fuel approaches, as opposed to the proposed (‘‘a rating system that would make it economy for the reference vehicle; these approach of displaying a vehicle’s fuel easy to compare the fuel economy * * * values would be provided in the annual cost savings relative to the median of automobiles’’), given that consumers guidance. We propose that the fuel vehicle in the fleet. The agencies are tend to consider vehicles from several economy value for the reference vehicle also seeking comment on whether there classes during their purchase process. be based on the projected fuel economy is a potential for consumer confusion 12. Other Label Text value of the median vehicle model type caused by two different cost values for sale the previous model year, not displayed on Label 1 with regard to the EPA is proposing some minor changes sales-weighted, and adjusted based on estimated annual fuel cost of operating and an addition to the text on the label projections regarding the upcoming the vehicle and the 5 year fuel cost 95 model year. This value is expected to savings number compared to the average 49 U.S.C. 32908(b)(1)(C). 96 40 CFR 600.307–08. A discussion of the change slightly from one year to the vehicle. We are interested in receiving comparable class categories and a proposed change next as the fleet becomes more fuel comments on how consumers may to those categories can be found in section VI.B.

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not previously discussed, and seeks requires that a statement appear on the also has developed a version tailored to comment on each of these text changes. fuel economy label that this booklet is mobile devices. 99 First, each of the proposed labels has available from dealers. Starting in the During the expert panel, EPA information that indicates the fuel on 2008 model year, the statement on the provided the panelists with a copy of which the vehicle operates. The label was broadened to include a the current Fuel Economy Guide. The agencies believe it will become reference to http:// panelists all expressed concerns that the increasingly important, as different www.fueleconomy.gov as another source public probably didn’t know it was technologies emerge, to display clearly for the Fuel Economy Guide; this Web available, didn’t access it at the dealer the kind of vehicle a consumer is site is based on the EPA fuel economy showrooms if they did know it was viewing. For dual fuel vehicles (e.g., information and jointly run by EPA and available, and would not respond well current gasoline/ethanol vehicles), EPA DOE. Thus the current text now reads: to it in its current format. They is required by statute to identify the ‘‘See the FREE Fuel Economy Guide at recommended a simple one-sheet vehicle as a dual fuel vehicle and to dealers or http:// ‘‘ ’’ identify the fuels that the vehicle guide that dealers would distribute in www.fueleconomy.gov.’’ the form of a checklist, that would allow operates on.97 In the case of current Both the U.S. Department of Energy’s flexible-fuel vehicles, for example, this EPA to deliver the top ten points on fuel Office of Energy Efficiency and economy that could not (and should text would read ‘‘Dual Fuel: Gasoline- Renewable Energy and the EPA Ethanol (E85),’’ and for plug-in hybrid not) be included on the label. It also currently maintain http:// would ensure that even if individuals vehicles arriving soon on the market www.fueleconomy.gov. The site helps this text would read ‘‘Dual Fuel: did not utilize the Web site, they would fulfill DOE and EPA’s responsibility receive this information. It was also Gasoline-Electricity.’’ In addition, we are under EPCA of 1992 to provide accurate proposing the use of various icons on suggested that if possible, distribution of MPG information to consumers. The site this document be mandatory. the label to distinguish between provides fuel economy estimates, energy different technologies and between and environmental impact ratings, fuel- EPA requests comments on the different operating modes. These icons saving tips, as well as a downloadable usefulness of the Fuel Economy Guide include stylized electric plugs, fuel version of the fuel economy guide and in its current form and also requests pumps, and fuel dispensing nozzles. other useful information. Since its comments on whether EPA and DOE Second, because of the expanded inception in 1999 this Web site has been should develop a different approach in information on the label and DOT used by millions of consumers, and the the future to the Fuel Economy Guide— requirements under EISA, EPA is latest data from 2008 indicates that including the idea of transforming the proposing to change the label heading more that 30 million user sessions guide into a consumer friendly from the current text (‘‘EPA Fuel occurred in that year. ‘‘checklist’’ guide. While EPA recognizes Economy Estimates’’) to ‘‘EPA/DOT Fuel that it does not have the authority to Economy & Environmental Because of the extensive amount of information and user features available mandate distribution of this guide by Comparisons.’’ We also propose adding dealers we also request comments on the DOT logo to the label, to provide on the Web site beyond simply providing electronic access to the Fuel how we could better encourage and appropriate recognition of DOT’s role work with dealers to more prominently mandated by EISA. Economy Guide, the agencies wish to direct consumers to this Web site when display and distribute the fuel economy Third, EPA is proposing to change the guide in the future. Fuel Economy Guide statement found they are researching their vehicle on the label to reflect the expanding purchases. For example, the Web site The expert panel also strongly features that comprise http:// allows a user to personalize their fuel recommended that the new fuel www.fueleconomy.gov, with the hope economy information by inputting their economy label prominently display an that this Web site will become the first specific driving habits and fuel prices. easy to remember URL. Panelists Internet stop for a vehicle’s fuel This ability will be even more important suggested that not only should such a economy and environmental for understanding the impacts of driving URL be easy to remember, it should also information. The proposed text would distance and battery charging habits on provide a consistent platform for read: ‘‘Visit http://www.fueleconomy.gov the fuel consumption of vehicles like educational messages that would be to calculate estimates personalized for plug-in hybrid electric vehicles, and highly visible for consumers and serve your driving, and to download the Fuel EPA expects to work with DOE to as a portal for web users to engage each economy Guide (also available at develop a Web-based system to allow other on fuel economy issues, including dealers).’’ users to customize the fuel economy exchanging helpful tips and tools. EPCA requires EPA and the estimates for these advanced technology Panelists indicated that this type of URL Department of Energy (DOE) to prepare vehicles. Further, information that some and message platform is of critical and distribute to dealers a fuel economy consumers may want but that is not importance in today’s marketplace and booklet, commonly known as the annual available on the label is likely to be that EPA should make better use of the ‘‘Fuel Economy Guide,’’ containing available on the Web site. For example, label to engage the public in this information that is ‘‘simple and readily in the 2010 focus groups some manner. Finally, the panelists understandable.’’ 98 EPCA requires that participants expressed an interest in recommended this new URL not be a the guide include fuel economy and knowing the cost to fill the tank, or the ‘.gov’ Web site, which they suggested is estimated annual fuel costs of operating volume of the fuel tank, or how many generally perceived as static and automobiles manufactured in each miles could be driven on a tank. The uninviting by consumers that are model year, as well as some additional Web site provides all this information, increasingly reliant on highly information for dual fueled automobiles and information such as the miles per interactive social media networks and (such as the fuel economy and driving tank can be personalized to reflect a tools. Label 1 series found in Section III range on both fuels). Further, EPCA person’s relative amount of city and currently displays how this URL highway driving. Finally, the Web site concept might be incorporated in Label 97 49 U.S.C. 32908(b)(3). 1. We note that President Obama has an 98 49 U.S.C. 32908(c)(1)(A). 99 49 U.S.C. 32908(b)(1)(D). initiative on transparency and open

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government,100 and as part of this and defines which vehicles are subject automotive marketplace will offer a initiative, the Executive Branch has to the taxes. The IRS code specifies that much more diverse set of technological already made some significant the fuel economy to be used to assess choices to consumers. EPA and NHTSA improvements to its Web sites. the amount of tax will be the combined believe that now is the time to begin to The agencies request comment on the city and highway fuel economy as design labels that are more appropriate new URL concept displayed on Label 1, determined by using the procedures in for advanced technology vehicles that along with the underlying approach place in 1975, or procedures that give we expect to be commercialized in the recommended by the expert panel: That comparable results (similar to EPCA’s next few years. For purposes of this the agencies create and display a requirements for determining CAFE for rulemaking, the agencies intend to focus prominent URL on the label that will passenger automobiles). These on two advanced technologies: provide both a visible consumer provisions have been codified in 40 CFR • Electric vehicles (EVs) are vehicles message and an easy to remember web 600.513–08. This proposed rule would that are powered exclusively by portal or gateway to a more interactive not impact these provisions. batteries (charged with electricity from consumer Web site. As envisioned, this The current labeling requirements for the grid) and electric motors, and which Web site would introduce the new label the Gas Guzzler Tax require that an do not have a conventional internal approach, laying out what is new and affected vehicle have the following combustion engine or any other unique to this label. It would explain statement on the label (the regulations powertrain. Several automakers sold what the agencies are trying to provide different ways of displaying this EVs in the early and mid-1990s,102 but accomplish with the new design, and depending on the label; for example, an the only EV on the U.S. market today is detail the concept of the grading system label has some the luxury Tesla with annual and underlying scoring method. It additional information that limits space, sales of a few hundred vehicles. The would include applications that thus the template for labeling such a first more mainstream-priced EV offered consumers can use to personalize their vehicle accounts for this). In the limited for sale in the U.S. is the Nissan Leaf, vehicle buying decisions, based on their situations in which this labeling for which orders are now being taken own driving habits and needs. It would requirement applies, EPA expects to and first deliveries are projected for late also provide information that is not provide label templates including this this year in selected markets.103 In available on the label, such as the information that are consistent with the addition, Ford has announced plans for upstream emissions associated with label design that is ultimately selected. a model year 2012 Ford Focus EV.104 • each vehicle choice. It would also link For example, for Label 1 presented in Plug-in hybrid electric vehicles to the detailed vehicle information and Section III, one potential option is to (PHEVs) can be powered in as many as consumer discussion pages on place the gas guzzler information in the three different ways: (1) Like an EV, fueleconomy.gov, capitalizing on the position for fuel cost savings. EPA seeks exclusively by batteries and electric existing government Web site and comment on this approach. motors, (2) like a conventional hybrid further maximizing its consumer vehicle, when the vehicle gets all of its friendliness and usability. B. Advanced Technology Vehicle Labels propulsive energy from a conventional Finally, for conventional vehicles, 1. Introduction internal combustion engine/ EPA is not proposing any changes to the transmission (usually fueled with statement that currently reads ‘‘Your In the past, EPA has not devoted gasoline), though the battery still assists actual mileage will vary depending on much effort to fuel economy label issues with regenerative braking and engine how you drive and maintain your for advanced technology vehicles. There buffering, and (3) a combination of both vehicle.’’ However, because some is a simple reason for this—if EPA conventional hybrid and electric advanced technology vehicles are defines a conventional vehicle to be that operation. PHEVs entail a family of especially susceptible to certain which derives all of its propulsive different engineering approaches, and conditions, such as cold weather, EPA energy from a petroleum fuel (or a will continue to evolve as the is considering the addition of some liquid fuel blend dominated by technology matures. One distinct type of specific qualifications to this statement petroleum) stored on-board the vehicle, PHEV is called an extended range for some vehicle technologies, and seeks then conventional vehicles have electric vehicle (EREV). An EREV PHEV comment on what qualifications might represented well over 99% of all has a very distinct operational profile: be most helpful. vehicles sold since the advent of fuel As long as the battery is above its economy labels in the 1970s. EPA made 13. Gas Guzzler Tax Information minimal charge level, the vehicle is the judgment that the very small operated exclusively on the electric EPCA requires that ‘‘Gas Guzzler’’ tax number of consumers who might have powertrain, and then when the battery information be included on the fuel considered the purchase of an electric or is at its minimal charge, it operates like economy label.101 These taxes are natural gas or other type of advanced a conventional hybrid getting all of its required under the Internal Revenue technology vehicle over the last 35 years power from gasoline or other liquid fuel. Code 26 U.S.C. 4064(c)(1). This part of did not justify a major investment of In a way, an EREV PHEV can be the Internal Revenue Code contains the government resources to address the provisions governing the administration more complex issues associated with 102 Ehsani,M., Gao,Y., and Einadi, A. (2010). of the Gas Guzzler Tax, and specifically advanced technology labels. Rather, Modern Electric, Hybrid Electric and Fuel Cell contains the table of applicable taxes EPA addressed the occasional need for Vehicles: F Fundamentals, Theory, and Design. an advanced technology vehicle label on Second Edition. Pp 12–14. 100 See Presidential Memorandum on a case-by-case basis. 103 ‘‘Nissan’s Electric Leaf Set for Production,’’ Detroit News. May 26, 2010, http://detnews.com/ Transparency and Open Government, available at But, this situation is changing and as http://www.whitehouse.gov/the_press_office/ article/20100526/AUTO01/5260357, (last accessed Transparency_and_Open_Government/ (last the market evolves, this approach is no May 26, 2010). accessed July 20, 2010); see also Open Government longer sufficient. For the first time since 104 Abuelsamid, Sam, ‘‘Detroit 2010: 2012 Focus Directive from OMB, available at http:// labels have been in use (in fact for the Electric could be both and hatch’’, www.whitehouse.gov/omb/assets/ green.autoblog.com, Jan. 11, 2010, available at: memoranda_2010/m10-06.pdf (last accessed July first time since the early days of the http://green.autoblog.com/2010/01/11/detroit-2010- 20, 2010). automotive industry), it appears 2012-ford-focus-electric-could-be-both-sedan-and-h. 101 49 U.S.C. 32908(b)(1)(E). increasingly likely that the future (last accessed July 12, 2010).

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considered to be a combination of an EV future. EPA and NHTSA seek comments • Some advanced technologies can and a conventional hybrid, with an on whether there are other advanced operate on more than one fuel, either emphasis on operating like an EV as technologies that have the potential to simultaneously (e.g., the use of gasoline much as possible. There have been no achieve mainstream interest in the near and electricity in the charge depleting commercial EREV PHEVs sold in the future and for which the agencies mode of a blended PHEV) or at different U.S. to date but the first commercial should develop labels in a future times (e.g., an EREV PHEV uses offering is likely to be the Chevrolet rulemaking. electricity in charge depleting mode, Volt, which is scheduled to be PHEVs and EVs represent a then gasoline in hybrid mode). By itself, introduced in late 2010.105 A second fundamental departure from the this suggests that a consumer label for type of PHEV is called a ‘‘blended’’ powertrain and fueling infrastructure a vehicle that operates on two fuels PHEV. As long as the battery is charged, that has exclusively dominated the U.S. might have to have approximately twice it will operate on a combination of grid market for the last century—a single as much information as a label for a electricity and gasoline (while a blended powertrain (an internal combustion vehicle that operates on a single fuel. • PHEV might not have any ‘‘guaranteed’’ engine with a mechanical transmission) Consumer behavior can have a all-electric range, it is possible that and a single fuel (gasoline) available at much larger impact on the operation of some blended PHEV designs may have public service stations. While PHEVs an advanced technology vehicle, some all-electric range under certain retain this option, they also offer the relative to that of a conventional driving conditions), then when the consumer the option to charge the on- vehicle. Whether the owner of a PHEV battery is at its minimal charge, the board battery from the electric grid at charges the battery every night and how vehicle gets all of its propulsive energy home and to propel the vehicle many miles per day they drive—neither from the gasoline fuel and engine exclusively or partially by the battery of which affects average energy (though the battery still assists with and electric motor. An EV must be consumption for a conventional regenerative braking and engine operated this way. These fundamentally vehicle—can have a dramatic impact on buffering, as with a conventional different powertrains and refueling energy and environmental performance. hybrid). In this respect, a blended PHEV approaches raise many challenging Again using the standard miles per can be viewed as a combination of a issues from a consumer information gallon of gasoline metric as an example, ‘‘grid-enhanced’’ hybrid and a standpoint that may affect how the one EREV PHEV design may vary from conventional hybrid, but without the agencies decide to require these vehicles 35 or 40 MPG on the low end (when the emphasis on using only electricity for to be labeled. battery is empty and the vehicle is in hybrid mode) to essentially ‘‘infinite’’ shorter trips as with the EREV PHEV. To • These technologies are still MPG-gasoline if the vehicle is operated the degree that a blended PHEV does evolving. EPA has been able to test only only off the battery pack. This fuel have some practical all-electric range, a small number of these advanced the boundary between a blended PHEV economy variability is much greater technology vehicles, and it is unclear and an EREV PHEV begins to blur. than with conventional vehicles, where whether the vehicles that we have tested There have been no original equipment MPG values for most individual are a good reflection of the technologies blended PHEV offerings in the U.S. to vehicles are typically within 15–20% of that will ultimately be offered in the date, but many automakers are the average value. market. • Consumers have no practical developing prototypes and some • aftermarket conversions are available. Gasoline and electricity are very experience with these new technologies, The first commercial U.S. blended different automotive fuels. Gasoline is a or in some cases might not even PHEV may be a Toyota Prius, likely liquid fuel with a high energy density understand the basics of how the offered as a 2012 model.106 that is stored on-board the vehicle in a technologies work. While EPA has Other advanced technology vehicles relatively simple and lightweight tank sponsored focus groups to gauge what will also likely be on the market in the that can be filled in a few minutes, consumers want on advanced near future—for example, Honda while electricity is generated by technology labels, there can be little continues to sell a dedicated chemical reactions inside a much lower question that consumers are in a compressed natural gas Civic in selected energy density (and therefore heavier) stronger position to provide meaningful states and several manufacturers plan to battery pack and which can take many input on conventional labels, with sell fuel cell vehicles (FCVs) in the hours to recharge. Gasoline is produced which they have decades of experience, future.107 In any case, the issues very efficiently from crude oil, but is a than on advanced technology labels, associated with and the decisions that less efficient vehicle fuel, while where they may not now know what we make about labels for EVs and electricity is less efficient to produce they will want and need to know in the PHEVs will go a long way toward from a wide variety of resources (such future to make informed purchase preparing us to address labels from as coal, nuclear, natural gas, decisions. other advanced technologies in the hydropower, and wind), but is a more All of these factors suggest that there efficient vehicle fuel. Approximately is the likelihood of significant consumer 105 ‘‘Chevy Volt’s Rollout to Include New York 80% of the ‘‘life-cycle’’ greenhouse gas confusion when multiple advanced City,’’New York Times, July 1, 2010, http:// emissions from a gasoline vehicle are technology vehicles begin to compete in wheels.blogs.nytimes.com/2010/07/01/chevy-volts- emitted directly from the vehicle the marketplace. We have no illusions initial-rollout-to-include-new-york-city/. (last accessed July 12, 2010). tailpipe, while all of the life-cycle that our advanced technology labels will 106 ‘‘Detroit 2010: Toyota’s 2011 plug-in Prius greenhouse gas emissions associated completely resolve this consumer release date is ‘‘aggressive’’ target,’’ Green Autoblog, with an electric vehicle are ‘‘upstream’’ confusion, but we do hope they will January 14, 2010, http://green.autoblog.com/2010/ of the vehicle. As just one simple help to reduce the confusion. We are 01/14/detroit-2010--2011-plug-in-prius- release-date-is-aggre. (last accessed July 12, 2010). example, miles per gallon, the core certain that advanced technology labels 107 ‘‘GM Plans Fuel-Cell Vehicle Pilot Program in metric that has been used on gasoline will be more complicated than Hawaii,’’ Environmental Leader, Energy & labels for the last 35 years, is a much conventional vehicle labels. Just as EPA Environmental News for Business, May 12, 2010, more complicated metric for a fuel like has repeatedly refined the much simpler http://www.environmentalleader.com/2010/05/12/ gm-plans-fuel-cell-vehicle-pilot-program-in-hawaii/. electricity which is not measured in conventional vehicle labels over time, (last accessed July 12, 2010). gallons. the agencies expect to do so with

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advanced technology vehicle labels as gasoline as compared to when operated purchasing decisions.113 The agencies well. Accordingly, while EPA and on alternative fuel and the driving range recognize that many of the most NHTSA are co-proposing two specific when operated on gasoline as compared important drivers for the public and labels for EVs and PHEVs, the agencies to when operated on alternative fuel. It private interest in advanced vehicle also seek public comment on as many should also include information on the technologies are in fact related to energy of the key issues as possible. miles per gallon achieved when and environmental considerations. While this section will discuss EVs operated on alternative fuel and a • The advanced technology vehicle and EREV PHEVs as well, in many cases statement explaining how these labels should aim for the simplest way blended PHEVs will be the illustrative estimates may change when the to provide fairly complex information. technology because they often raise the automobile is operated on mixtures of As discussed above in the introduction most challenging issues due to the fact alternative fuel and gasoline. to this section and with specific that two different fuels can be used For simplicity and consistency, the examples later in this section, the simultaneously. agencies plan for all PHEV fuel agencies are aware that advanced economy labels to contain the technology vehicle labels will 2. EPA Statutory Requirements information required for dual fueled inherently be more complex than a. Electric Vehicles (EVs) vehicles under the statute, even though conventional vehicle labels. We strive to Electricity is an alternative fuel under only some PHEVs are dual fuel strike a balance between providing the statute and vehicles fueled only by automobiles. We seek comment on this sufficient information to be helpful and alternative fuel are ‘‘dedicated approach. credible (too simple runs the risk of automobiles.’’ 108 The fuel economy required on the misinformation with such complex label means the average number of miles technologies), without trying to ‘‘do b. Plug-In Hybrid Electric Vehicles traveled by an automobile for each everything’’ on the label (which could be (PHEVs) gallon of gasoline (or equivalent amount a source of confusion for many Some PHEVs are dual fueled of other fuel) used.112 Therefore, in consumers). We believe that automakers automobiles under 49 U.S.C. order to meet the statutory requirement and respected third-party organizations 32901(a)(9). They are capable of that fuel economy be displayed on the (and possibly the federal government operating on a mixture of electricity and label, the electricity use for EVs and via fueleconomy.gov or other Web sites) gasoline, provide superior energy PHEVs on the fuel economy label is will develop sophisticated on-line (and efficiency when operating on electricity converted to gallons of gasoline possibly on-vehicle) calculators that compared to operating on gasoline, and equivalent. will allow consumers to customize provide superior efficiency when EPA recognizes that the statutory energy, environmental, and cost operating on a mixture of electricity and requirements in the Energy Policy and information for their unique driving and gasoline as when operating on Conservation Act of 1975 were adopted battery re-charging habits. We believe gasoline.109 These vehicles also meet long before advanced technologies like that labels should be aimed at the the requirement that a dual fueled EREV PHEVs and blended PHEVs were consumer who wants a quick overview automobile must meet the minimum even conceived. While EPA must meet of energy, environmental, and cost driving range under 49 U.S.C. the statutory requirements, the agencies performance, and that those consumers 32901(c).110 DOT has set the minimum are concerned that requiring electricity who want detailed, customized driving range for electric vehicles at 7.5 to be conveyed in MPG equivalent information will look to other sources. miles on its nominal storage capacity of values might actually make an advanced • The advanced technology vehicle electricity when operated on the EPA technology vehicle label less useful to labels must be as equitable as possible urban test cycle and 10.2 miles on its consumers. The agencies seek public across different technologies, both nominal storage capacity of electricity comment on this question as explained advanced and conventional. For when operated on the EPA highway test in more detail below. example, the agencies want to avoid cycle.111 3. Principles Underlying the Co- picking a label design or label metric The statute contains particular Proposed Advanced Technology Vehicle that inherently favors a certain requirements for dual fueled automobile Labels advanced technology beyond the energy labels. Section 32908(b)(3) requires that and environmental merits of the each label (A) indicate the fuel economy The agencies have found it helpful to individual vehicles. There could be of the automobile when operated on identify a few basic principles to guide considerable consumer confusion when gasoline or diesel fuel, (B) clearly our thinking about and development of multiple advanced technology vehicles identify the automobile as a dual fueled advanced technology vehicle labels. reach the market, each with their own • The advanced technology vehicle automobile, (C) clearly identify the fuels marketing strategy, and labels are one labels should provide objective on which the automobile may be way to minimize consumer confusion. information that helps consumers make operated; and (D) contain a statement We specifically solicit comments from good decisions for both themselves and that additional information required by automakers on whether we have the environment. The market research the statute is in the fuel economy achieved this goal of equity with our undertaken for this rulemaking found booklet. The additional information proposed label designs. that the current fuel economy label is a required in the booklet for dual fuel • Finally, while labels should provide trusted source of information regarding automobiles is described in 32908(c)(2) one or more metrics to compare across the fuel economy of today’s and states that the label will include the vehicle technologies, both advanced and conventional gasoline vehicles and the energy efficiency and cost operation of conventional, the advanced technology agencies seek to build on this the automobile when operated on vehicle labels do not have to have the foundation by ensuring that consumers same precise design as conventional receive objective, useful and essential 108 49 U.S.C. 32901(a)(1) and (a)(8). vehicle labels. Given that many of the 109 49 U.S.C. 32901(a)(9)(A), (B), (C). EPA is information that helps inform their extending the application of the subclause (C). advanced technology vehicle 113 Environmental Protection Agency Fuel 110 49 U.S.C. 32901(a)(9)(D). Economy Label: Pre-Focus Groups Online Survey 111 49 CFR 538.5(b). 112 49 U.S.C. 32901(a)(11). Report, EPA420–R–10–907, August 2010, p. 5.

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label content issues associated with reasonable interpretation of the Energy challenging issues, particularly in the advanced vehicle technologies are much Policy and Conservation Act (EPCA), as context of the label. more complex than for conventional amended by the Energy Independence A full lifecycle evaluation would vehicles, it would probably be and Security Act (EISA) of 2007. The include an evaluation of a impossible for the labels to look the statute states that NHTSA must require comprehensive set of GHG and energy same. On the other hand, we do want vehicles to be labeled with information impacts associated with both the vehicle the ‘‘look and feel’’ of the advanced ‘‘reflecting an automobile’s performance (extraction and processing of materials, technology and conventional vehicle * * * [with respect to] greenhouse gas energy used in assembly, distribution, labels to be as consistent as possible. * * * emissions * * * of the use, and disposal, etc.), and the fuel EPA and NHTSA seek public automobile.’’ 115 This information is to (feedstock extraction, feedstock comment on the appropriateness of each be based on criteria developed by EPA. transport, fuel processing, fuel of these principles, and whether there NHTSA believes that a reasonable transport, etc.). In practice, however, are additional principles that we should interpretation of this provision is that offering even the more limited consider. only GHG emissions directly from the accounting for GHG emissions from production and distribution of the fuel, 4. Key Advanced Technology Vehicle vehicle itself are required for the label. including electricity, presents complex Label Issues On that interpretation, the information on performance and the rating of the challenges. EPA currently does not Most of the content on advanced vehicles would both be based on the measure fuel combustion/electricity technology vehicle labels will be similar emissions of the vehicle itself. This generation GHG emissions in its vehicle to that on conventional vehicle labels. interpretation is also consistent with the testing. The agencies recognize that This section addresses those issues that history of the EPA labeling program and modeling can be performed to assist in are unique to advanced technology its focus on the vehicle itself. NHTSA estimating these emissions. But in vehicle labels. believes that it would also be reasonable developing upstream GHG emissions a. Upstream Emissions to interpret the statutory language such values, modeling would need to be done carefully to avoid inaccuracy and This section discusses how the that the required label information on GHG emissions would include consumer confusion, especially in light agencies plan to address the issue of of variations across time and across greenhouse gas emissions associated additional information on the upstream GHG emissions associated with regions. For example, GHG emissions with the use of motor vehicles, in the from electricity generation will vary context of a program specifically electricity or other fuels used by the significantly in the future, based on the designed to provide consumers with vehicle. This additional information different fuels used at generating information that will be useful when could provide a broader context for stations—perhaps by as much as an purchasing a vehicle. The agencies’ reflecting the automobile’s performance order of magnitude between coal and approach takes into account (1) the with respect to GHG emissions. The agencies recognize that ‘‘lifecycle’’ non-fossil feedstocks. statutory language, (2) the fact that the It is true that the EPA has undertaken law requires a great deal of information GHG emissions are associated with the production and distribution of all extensive lifecycle modeling of to be presented on the label, (3) the for the Renewable Fuel Standard limited amount of information that can automotive fuels used by motor rulemaking in response to the be provided on a label, (4) the vehicles. Lifecycle GHG emissions are requirements of the Energy importance of simplicity, clarity, associated with gasoline, diesel, and Independence and Security Act. But accuracy, and intelligibility on the label, other fuels such as natural gas, that assessment was done in the context and (5) the ability to provide the public electricity, and renewable biofuels. The of the particular mix of biofuels with additional and comprehensive agencies also recognize that while required nationally in 2022 by the Act, information in a consumer-friendly tailpipe-only emissions provide with a series of assumptions and format on a Web site.114 This discussion important information, a significant estimates that may not be accurate focuses on, but is not limited to, the number of consumers may want, or today. advanced technology vehicles that use benefit from, access to information on the total upstream GHG emissions One overriding issue is whether the electricity from the grid to power agencies could reasonably provide a vehicles, such as the electric vehicles associated with the operation of their vehicles. For example, electric vehicles single, national value for GHG and plug-in hybrids that are expected to emissions from electricity generation or enter the market in larger numbers in do not have any tailpipe emissions since their motors do not burn fuel, but could provide instead different values the coming years; the discussion also customized for various regions of the refers to the use of renewable fuels in producing the electricity used to power 116 such vehicles most likely emits country. There are data sources upon gasoline-powered vehicles. which a single national number could For reasons outlined below, our greenhouse gases. Consumers might be derived. For individual owners, proposed approach would limit the seek, or benefit from, a label that allows however, a single national value would label to tailpipe-only emissions while for simple and accurate comparisons generally not be accurate, and the providing much fuller information on a across vehicles on the total upstream individual would need access to Web site. But we also identify, and seek GHG emissions, in addition to tailpipe additional information, such as regional comments on, alternative approaches, emissions. However, the agencies values, to evaluate the impact of a designed to accommodate the relevant emphasize that developing the relevant specific vehicle.117 In addition, the variables. information, and providing it to The agencies believe that the consumers in a manner that is accurate 116 See http://www.eia.doe.gov/energyexplained/ proposed approach follows from a and meaningful, raises a number of index.cfm?page=electricity_in_the_united_states for an overview of the national U.S. electric power 114 On the relationship between summary 115 49 U.S.C. 32908(g)(1)(A)(i). 49 U.S.C. industry net generation by fuel type. disclosure, as on the label, and full disclosure, as 32908(g)(1)(A)(ii) also refers to GHG ‘‘emissions of 117 Regional values could be provided on a Web on the Web site, see http://www.whitehouse.gov/ automobiles,’’ and further requires a designation of site. EPA has a Web site (http://www.epa.gov/ sites/default/files/omb/assets/inforeg/ automobiles ‘‘with the lowest greenhouse gas cleanenergy/energy-and-you/how-clean.html) on disclosure_principles.pdf. emissions over the useful life of the vehicles.’’ Continued

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agencies would have to decide (1) useful and accurate for consumers, We invite both general and particular whether to use average or marginal (i.e., given regional variations, how comments on the proposed approach. reflecting the fact that increased vehicle generation within regions is dispatched, For example, we encourage commenters demand might change the overall mix of and access to green power purchases. to be as specific as possible with any electricity sources) GHG emissions Therefore, EPA and NHTSA are recommendations on how to address factors, and (2) if the marginal approach proposing that the label should limit fuel combustion/electricity generation is used, whether to assume all nighttime itself to tailpipe only emissions (clearly GHG emissions on the Web site. If charging or a mix of daytime and identified as such) and include a more information on these emissions is to be nighttime charging. Another major complete discussion on energy provided on a Web site, exactly what consideration is whether to base generation and lifecycle analysis on the information? The agencies specifically electricity generation GHG emissions webpage. We believe that this approach invite comment on how to address fuel values on today’s electricity markets or will prove sufficiently informative to combustion emissions associated with on projected changes in electricity consumers. It also allows us the the electricity used to power the markets that might occur by 2020 or opportunity to provide a fuller advanced technology vehicles starting to some other year (note that vehicles discussion of GHG emissions associated enter commerce, such as electric produced in the next few years will with energy generation for alternative vehicles (EVs) and plug-in hybrid remain in the fleet for 15 or 20 years or vehicles, as well as emissions from fuel vehicles (PHEVs). The agencies also more). production (gasoline and biofuels). For invite comment on how to address full Some states have already passed example, a Web site could provide GHG emissions from biofuels on a Web legislation that could require major calculator tools that could reflect site. Should emissions be identified regional variations in the GHG changes in how electricity is produced specifically for the emissions associated in those states in the future, and emissions associated with electricity with the combustion of fuel to produce Congress has considered landmark generation as well as use national electricity? Should such emissions be legislation as well. It is clear that the averages. A Web site could also provide determined on a regional or a national question of how electricity will be information on the projected fuel basis? Should these emissions be produced in the future is very fluid. As lifecycle impacts associated with provided as a relative comparison to a a result of the Energy Independence and biofuels. The Web site could be updated gasoline or diesel fuel, the current Security Act mandates, for over time as the mix of electricity fuel predominant fuels? example, the agencies expect the sources and biofuels changes. This amount of biofuel in the transportation approach could help the consumer For the convenience of commenters, fuel market to increase significantly understand over the lifetime of their we have prepared the table below as an over time, and the contribution of vehicles how their electricity generation illustrative example of one simplified feedstocks to change over that time as emissions impacts might be changing. way that some lifecycle emissions well. Information that addresses At this point in time, any effort to information related to electricity lifecycle emissions of biofuels would provide complete lifecycle information production could be accounted for on a need to take these considerations into for fuels on the label could well produce Web site, based on certain account. undue confusion. A label that clearly assumptions.118 It is important to note The agencies believe that all of these presents tailpipe emissions appears to that for comparison purposes, the complex factors can be best addressed be the best available way to combine agencies would need to develop by providing a great deal of relevant accuracy and disclosure, so long as methodologies to compare upstream information on a Web site, which can go fuller information is available on the emissions impacts from all other fuels into considerable detail and be changed Web site. The agencies believe that even as well, including diesel, renewable and updated as appropriate. We though many consumers will not visit fuels, and natural gas. Consistent with currently do not have a full lifecycle the Web site, it will be used by many the discussion above, it is important to analysis from which to draw for labeling groups and organizations, and as a emphasize that the tailpipe + lifecycle purposes across the full range of result, the information that it provides values in the table below are based on vehicles and fuels. The information will be made available and used in the 2005 national average electricity GHG reported to EPA on emissions from fuel marketplace. We seek comment on our emissions, and could be very different production varies across fuel types and current view that the web is the better for certain regions of the country today is much more detailed for gasoline place, compared to the label, to address and for the nation in the future if there production. At the present time, it the complex issues associated with are major changes in the mix of methods would be difficult to represent emissions associated with electricity used to generate electricity or in the emissions from energy generation on a generation and lifecycle emissions more GHG emissions associated with its national label in a way that is both generally. generation.

Proposal— Tailpipe + Vehicle tailpipe-only upstream CO2/mile CO2/mile

Example EV ...... 0 197 Example PHEV 1 ...... 89 210

which consumers can enter their zip code and find the EPA test and assuming a 30% range (43% (adjusted to include GHG emissions from feedstock out what fuel mix is used to produce the electricity electricity consumption) shortfall from test to road. extraction, transportation, and processing as well) they use. PHEV 1 assumed to operate on electricity 50% of from MY2012–2016 light-duty vehicle GHG final 118 The key assumptions underlying the the time. rule (75 Federal Register 25437). illustrative numbers in the right-hand column are PHEV 2 assumed to operate on electricity 25% of Assumes typical 7% electricity grid transmission the time. that: EV and PHEVs all assumed to use 200 Watt- losses. Uses 2005 nationwide average value of 0.642 hours per mile when operating on electricity over grams of GHG per Watt-hour at powerplant Uses 2250 grams GHG per gallon of gasoline.

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Proposal— Tailpipe + Vehicle tailpipe-only upstream CO2/mile CO2/mile

Example PHEV2 ...... 133 217 Toyota Prius HEV ...... 178 224 Honda Civic HEV ...... 212 266 Honda Insight HEV ...... 217 273 Ford Fusion HEV ...... 228 287

In general, for purposes of providing and explanatory text that might state, (national averages for feedstocks and information on the web, the agencies ‘‘The CO2 emissions listed here are from fuel production) would need to be invite comment on the appropriate gasoline combustion only. They do not developed and equivalent assumptions metrics to use and the specific reflect the use of renewable biofuels.’’ made related to upstream emissions suggestions for content and format, if The agencies request comment on this from gasoline and diesel production as appropriate. The agencies also request alternative option. well as renewable fuels, natural gas, and comment on which web resources it The agencies are also giving hydrogen. should prioritize for development that consideration to an approach that in The agencies invite comments on would provide the most useful addition to the tailpipe emissions, whether and how the possible inclusion information to consumers. includes information on upstream of upstream emissions information on The agencies acknowledge that more emissions on the label for the various the label might affect other elements of consumers will look at the label than at fuels. For electric vehicles, for example, the label such as design, format, the Web site, and that a ‘‘0’’ figure for GHG emissions are (on an average basis) presentation of the various ratings and GHG emissions might prove confusing a function of KwH per mile, and thus other information as well as the ranking to some consumers. While accurate and could in principle be calculated, and if of vehicles on the label. more complete information will be a full or nearly full accounting could be The agencies also recognize that provided on the Web site, putting 0 provided in a clear and intelligible form, notwithstanding the many challenges, a grams CO2/mile on the label may lead there would be advantages to providing potential advantage of including some consumers to perceive that driving it on the label to consumers, in addition upstream emissions on the label is that their EV does not contribute to GHG to the tailpipe emissions data. consumers may be able to compare emissions. With respect to the label Therefore, the agencies invite comment different EVs with respect to their itself, the agencies are also requesting on the feasibility and usefulness of an upstream emissions, as some will comment on alternative options for the alternative approach that in addition to require more energy per mile which label that, in addition to presenting identifying tailpipe emissions, would would likely result in different tailpipe emissions, refer to or identify in include a separate value for upstream upstream emissions impacts. Consumers some manner the emissions associated emissions on the label as well as on the may be able to make similar with the lifecycle of the fuel. Under one Web site. comparisons among EVs, PHEVs, version of this alternative that is under In particular, the agencies invite gasoline and diesel powered vehicles as serious consideration, similar to a co- comment on what type of information well as other fueled vehicles on the proposal, the EV label would continue should be considered as ‘‘upstream,’’ basis of upstream emissions. Regardless to reflect the ‘‘0’’ CO2g/mile number and whether a label including the of what would be presented on the currently displayed on the co-proposed upstream emissions could be based on label, the agencies will continue to labels (Figures III–2, III–10), but the national averages. The agencies might provide detailed information about the label would be modified by adding consider making assumptions to lifecycle GHG impacts of different either a symbol or an asterisk and develop national averages. vehicles on the Web site in a way that explanatory text which states, ‘‘The only Note, however, that agencies would may provide a better way for C02 emissions are from electricity need to make a substantial number of individuals to take their region, driving generation.’’ Likewise, the agencies assumptions to develop such averages. habits, and other specific factors into would modify the co-proposed PHEV These include assumptions about the account in their purchase decisions. labels (Figures III–3, III–6, III–1, III–12) overall impact on recharging In view of the many assumptions the inserting either a symbol or asterisk next on the grid mix, which would include agencies would need to make to include to the current CO2g/mile number making assumptions about (1) the time- upstream emissions on the label, we displayed with the following of-day distribution of recharging and (2) emphasize that this alternative would explanatory text, ‘‘Does not include CO2 the subsequent impacts on the base and have to overcome several serious from electricity generation.’’ peak load electricity generation as well challenges. We ask for comment on This alternative approach might as (3) the nature of regional variability whether and how each of those provide more accuracy and clarity for and (4) potential changes in the challenges, outlined above, could be purchasers by more explicitly indicating electricity generation fleet. A relevant addressed. that the CO2 emissions from generation source for this type of information may of electricity are not reflected in the be the Energy Information b. Energy Consumption Metrics CO2 numbers on the label. Under this Administration (EIA), which provides Energy consumption metrics are alternative, FFV labels (for FFV vehicles estimates of the future electricity another issue which becomes more only) would continue to reflect the generation mix, so there may be some complicated with advanced technology gasoline only CO2g/mile number basis for estimating future GHG vehicles. For conventional gasoline currently displayed on the co-proposed emissions based on current state and vehicles, the MPG metric has been the labels (Figures III–8 and III–14), but the federal policies; but these estimates will foundation of the consumer label for 35 label (for FFVs only) would be modified also rest on some uncertain years. It is not a perfect metric, and by adding either a symbol or an asterisk assumptions. The same type of analysis some have expressed concerns about its

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‘‘non-linearity,’’ e.g., the absolute fuel • Gallons of gasoline-equivalent. For EV labels, the agencies propose to consumption savings associated with From an engineering perspective, energy show electricity consumption in both improving one mile per gallon from 10– can be measured, and different forms of metrics: As miles per gallon of gasoline- 11 MPG is over ten times greater than energy can be compared through the use equivalent (MPGe) and as kilowatt- the fuel consumption savings associated of energy unit conversion factors. For hours per 100 miles. The agencies with improving from 35–36 MPG as example, a gallon of gasoline has the recognize that higher MPGe values are discussed above. But, in some respects, energy equivalent of 33.7 kilowatt- better, while lower kw–hr/100 miles MPG has been a good metric for a hours, and any value for kilowatt-hours values are better. The agencies seek consumer information program: Lay can be converted to an energy- comment on whether this is helpful or people had used the MPG metric prior equivalent value of gallons of confusing to consumers. to its use on the label, the concept was gasoline.121 For example, a vehicle that The most complicated advanced simple and understood by almost all used 33.7 kilowatt-hours would have technology vehicle in this regard is a consumers, the practical range of 10–50 used an amount of energy equivalent to blended PHEV that is operating MPG was accessible to lay people and 1 gallon of gasoline, while a vehicle that simultaneously on gasoline and grid facilitated simple calculations that most used twice as much electricity would electricity. There are two options for consumers could perform, etc. The have used an amount of energy energy metrics for blended PHEVs, results from recent EPA focus groups equivalent to 2 gallons of gasoline. The which are based on the general concepts conducted by the agencies were rationale for using gallons of gasoline- introduced above. • unequivocal—the MPG values were, by equivalent is that consumers understand Retain separate energy metrics for far, the most trusted and useful values the concept of ‘‘gallons’’ much more than gasoline and electricity. The gasoline on the label.119 they understand any other energy metric would continue to be miles per gallon of gasoline (supplemented by a Unfortunately, while the miles per metric. In the focus groups conducted for this rulemaking, the agencies found gallons/100 miles consumption value as gallon metric has been very useful when well), while the electricity metric would 99+% of all vehicles operated on that participants believed they understood the equivalency approach be kilowatt-hours of electricity (either petroleum fuels, its usefulness as a miles per kilowatt-hour or kilowatt- metric is less clear for a future vehicle and felt comfortable with this metric since it closely aligns with the miles per hours per 100 miles). The advantages of fuel such as electricity, which is not this approach are (1) it includes the measured in gallons, but rather in gallon metric that they have always relied upon.122 The primary argument values that EPA measures, (2) the kilowatt-hours. Therefore, for an electric metrics reflect how these forms of vehicle, or for an EREV PHEV when against using gallons of gasoline- equivalent is that the concept requires energy are counted and how consumers operated exclusively on grid electricity, pay for them, (3) the separate values do there are three broad choices for a the conversion of one form of energy to another, and while this reflects a not require judgments about whether consumption metric, independent of consumers ‘‘value’’ gasoline and statutory considerations, to characterize technical measurement of energy equivalency, it may or may not be useful electricity equally or not, and (4) it the amount of electricity and all have would avoid possible confusion over advantages and disadvantages: to the consumer. For example, gasoline and electricity are very different fuels in what a combined miles per gallon of • Kilowatt-hours. The rationale for many ways: How they are produced, gasoline-equivalent value means (i.e., kilowatt-hours is that this is the metric how consumers buy them and refuel, some, maybe many, consumers would by which electricity is ‘‘counted’’ and whether consumer fuel expenditures probably assume that a miles per gallon sold. In their monthly utility bills, of gasoline-equivalent value was equal stay in the local or regional economy or consumers are charged a certain rate (or to a miles per gallon of gasoline value, are exported, etc. price) per kilowatt-hour, and this rate is • A generic energy unit not directly which would be inaccurate). The multiplied by the number of kilowatt- connected to either gasoline or disadvantages of such an approach are hours that the consumer uses, to electricity, such as British Thermal (1) few consumers understand the generate the overall monthly electricity Units (BTUs) or joules. The argument metric of kilowatt-hours, (2) dual energy bill. This is analogous to what happens here would be to pick an energy metric metrics make it extremely difficult to at a gasoline service station, where a that is ‘‘fuel neutral.’’ The primary compare energy efficiency across vehicles, and (3) those consumers who consumer pays a certain rate (or price) arguments against this are both that few focus only on miles per gallon of per gallon of gasoline, and this rate is consumers understand such a metric, gasoline and ignore kilowatt-hours of multiplied by the number of gallons of and that no motor fuels are counted or electricity, will believe that a blended gasoline that the consumer buys, to sold in such units. While the agencies PHEV is more energy efficient than it generate the overall gasoline bill. The recognize this as another conceptual actually is. primary argument against using alternative, we have rejected this kilowatt-hours is that the focus groups • Combine to a single energy metric approach. of miles per gallon of gasoline- conducted by the agencies clearly As discussed previously, EPCA equivalent. This would require the use indicates that few consumers requires that electricity use for EVs and of the conversion factor of 33.7 kilowatt- understand what a kilowatt-hour is, and PHEVs on the fuel economy label is most of the consumers who do not know hours per gallon of gasoline-equivalent converted to gallons of gasoline- value cited above. The advantages of what a kilowatt-hour is say that they do equivalent. But the statute also provides not want to learn.120 this approach are (1) it yields a single discretion to EPA on the relative value that simplifies the label and prominence of a gallons of gasoline- 119 Environmental Protection Agency Fuel facilitates vehicle comparisons, (2) it equivalent metric and a kilowatt-hours avoids the kilowatt-hour metric that Economy Label: Phase 1 Focus Groups, EPA420–R– metric. 10–903, August 2010, p. 10. consumers do not like or understand, 120 Environmental Protection Agency Fuel and (3) some consumers (though not all) Economy Label: Phase 2 Focus Groups, EPA420–R– 121 65 FR 36990. 10–904, August 2010 and Environmental Protection 122 Environmental Protection Agency Fuel said they liked the concept of miles per Agency Fuel Economy Label: Phase 3 Focus Economy Label: Phase 2 Focus Groups, EPA420–R– gallon of gasoline-equivalent. The Groups, EPA420–R–10–905, August 2010. 10–904, August 2010, p. 22. disadvantages of such an approach are

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(1) it requires the simplifying vehicle labels. For an EV, the primary EPA notes that there were no EV or assumption that all forms of energy (in range parameter of interest would be the PHEV data in the database used to this case, gasoline and electricity) are miles that can be traveled between generate the MPG-based equations, and equally valued, (2) it does not allow the battery charges. For an EREV PHEV, the that the downward adjustment consumer to see the individual energy most important range parameter would appropriate for EVs (which have low consumption values for gasoline and be the miles that can be traveled in all- direct vehicle energy consumption electricity, and (3) it will yield labels electric mode. For a blended PHEV, the levels) is the result of extrapolating the with both miles per gallon of gasoline primary range parameter would be the results of the conventional vehicle data and miles per gallon of gasoline- number of miles over which the battery that was used to generate the equations. equivalent, which could be confusing to is providing assistance in the form of EPA proposes a new set of options for some consumers. grid electricity, but it is also possible automakers to choose for purposes of The agencies are proposing to use the that there could be some guaranteed or identifying the appropriate 5-cycle miles per gallon of gasoline-equivalent likely all-electric range as well. range adjustment for EVs and the metric only for PHEVs, but seek public The primary arguments for including electric portion of PHEV operation. One, comment on the relative merits of doing range include (1) focus groups strongly automakers could provide full 5-cycle so versus using the separate energy supported including the range for EVs test data, which is one option under metrics. The agencies believe that both and PHEVs,124 (2) range is a critical current EPA regulations. Two, approaches have advantages and factor for what the consumer gets for his automakers could provide vehicle- disadvantages. In formulating comments or her investment in a more expensive specific real world range data collected on this topic, commenters could also EV or PHEV, and is obviously a core from in-use vehicles. Three, automakers consider three additional questions. utility attribute for an EV and a primary could use the MPG-based equations One, do consumers care equally about determinant of the overall discussed above, but with the gasoline and electricity, i.e., are they environmental and energy performance downward adjustment capped at the just two different ways of fueling their of a PHEV, and (3) EPA can easily percent reduction represented by the vehicles, with a Btu of gasoline measure range. worst-case gasoline vehicle in the EPA equivalent to a Btu of electricity, or do The arguments against including database. The worst-case gasoline some or most consumers care more range include (1) it is not a direct vehicle is the highest-MPG gasoline about one or the other form of energy? measurement of energy or vehicle, which is currently the Toyota Two, how should the agencies interpret environmental performance (in fact, for Prius. Based on the application of the the focus group input in which most an EV, other things being equal, a higher MPG-based equations to the Prius’ MPG participants indicated that they did not range means a larger battery pack, a values, the Prius would get about a 30% understand kilowatt-hours on their heavier vehicle, and therefore higher downward adjustment from its 2-cycle electric bills and did not want to have energy consumption, relative to the data to its derived 5-cycle value, and this metric included on advanced same vehicle with a lower range and this would therefore be the level that vehicle labels? Three, should we view smaller battery pack), (2) there will automakers could use for EVs and the this as an opportunity to educate likely be much greater variability in EV electric operation of PHEVs. consumers about the importance of range than we have faced with gasoline EPA seeks comment on this proposal kilowatt-hours as a fundamental fuel economy in the past, so there are for the downward 5-cycle adjustment for EVs and PHEVs. measurement of electricity greater challenges involved in defining consumption? a specific range estimate, and (3) adding d. Battery Charging Time Information c. Driving Range Information (Including range would add to an already busy EPA does not include information on 5-Cycle Adjustment) label. the mechanisms for or time associated EPA does not include range The agencies are proposing to include with refueling vehicles on conventional information on conventional fuel range information on alternative vehicle fuel economy labels. Refueling economy labels. Petroleum fuels have technology vehicle labels and seek with petroleum fuels is a fairly quick high energy densities and are stored on- public comment on this issue. and ubiquitous process, and has not board the vehicle in relatively cheap A related issue is how EPA will been a topic of consumer concern. and lightweight fuel tanks. The determine the appropriate adjustment Refueling, or charging, a battery pack combination of high driving range factor to use in converting 2-cycle test will be different in many ways. While values (gasoline vehicles typically have values for range to 5-cycle test values for gasoline vehicle refueling typically ranges of 300–500 miles) and the fact vehicle labels. Under current EPA takes 5–10 minutes, charging a battery that range can be increased by simply regulations established by the 2006 fuel pack can take up to 12 hours or more, increasing the size of the fuel tank, economy label rulemaking, automakers depending on the charging hardware. means that range for petroleum-fueled would have two choices: (1) Submitting EPA focus group participants expressed 5-cycle test data, and (2) using the MPG- strong interest in including some type of vehicles has not been a top consumer 125 priority. In recognition of the fact that based (derived 5-cycle) equations. information on charging time on labels non-petroleum fuels generally have Using the MPG-based equations for EVs for EVs and PHEVs.127 would yield an approximate 40 percent The arguments for including battery lower energy densities resulting in 126 reduced driving ranges than petroleum downward adjustment for EV range. charging time information on EV and fuels, the Federal Trade Commission PHEV labels include (1) focus groups 124 Environmental Protection Agency Fuel supported doing so, (2) it is a core (FTC) requires a label that lists the Economy Label: Phase 2 Focus Groups, EPA420–R– ‘‘manufacturer’s estimated cruising 10–904, August 2010, pp. 17, 28, and 38. consumer utility parameter (i.e., if the range’’ for alternative-fueled vehicles.123 125 71 FR77887–77888, Dec 27, 2006. charging time is so long as to be The primary issue addressed in this 126 See 40 CFR 600.210–08. Using the equations section is whether range should be in these regulations to adjust 2-cycle test values for as to the applicability of the formulae to EVs and extremely high MPG vehicles (or MPGe for EVs) other extremely high MPG vehicles. included on advanced technology will result in adjustments approaching 40 percent. 127 Environmental Protection Agency Fuel Because the data used to determine these equations Economy Label: Phase 2 Focus Groups, EPA420–R– 123 16 CFR part 309. did not include any such vehicles, EPA is uncertain 10–904, August 2010, pp. 16, 26, and 38.

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onerous, consumers will recharge less their own situations. One issue is focus group feedback and other research frequently and this will have an effect whether the vehicle label should also has consistently shown that consumers on the vehicle’s energy and provide information that combines the find it useful to have separate fuel environmental performance), and (3) various operating modes into a single economy values for both city and EPA could develop a test procedure for ‘‘merged’’ value reflecting an ‘‘average highway driving for conventional generating standardized information. driver.’’ One group that is developing vehicles,129 and (2) since driving habits An example of a simple approach for guidance for how individual operating can vary widely, separate city and measuring EV recharge time would be to mode data could be combined for an highway performance information can use the method for recharging the ‘‘average driver’’ is the Society of be helpful to those consumers who want battery recommended by the Automotive Engineers Hybrid Technical to ‘‘customize’’ label information to their manufacturer and available to the Standards Committee,128 and the own driving habits. consumer. Full battery recharge time agencies will continue to monitor the Arguments for not including separate could be defined as the time required to work of this and other relevant city and highway information on charge the vehicle battery to full committees. advanced technology vehicle labels capacity from the end of the electric The rationale for including a merged include (1) some advanced technologies, vehicle range test or ‘‘empty.’’ A fully value is that (1) some consumers may for example EVs, show less of a change charged battery would be defined as the find information on the individual in energy consumption values between same battery state of charge used to operating modes to be ‘‘too much’’ and city and highway driving than do determine electric vehicle range. EPA is may be more likely to pay attention to conventional vehicles which was one of also seeking comment on partial a single set of performance information, the primary reasons why EPA originally recharge time. Partial recharge time (2) few, if any, consumers will displayed separate city and highway could be measured and expressed as the exclusively drive in a single operating MPG values on conventional fuel time of recharge required to travel a mode, so some kind of combined economy labels, and (2) not reporting given distance. information could be helpful, (3) a separate city and highway values can Arguments for excluding battery single, merged value can facilitate reduce some information by either a charging time on EV and PHEV labels comparisons across different vehicle factor of two (if a combined value is include (1) there is only an indirect technologies and models and (4) shown instead of separate city and relationship between charging time and customers of this new technology will highway values) or three (if city, energy and environmental performance, not know how much they will operate highway, and combined values were all (2) EPA does not now have a test the vehicle in each mode, so an average shown), thus reducing the ‘‘number of procedure for generating standardized provides more complete information to numbers’’ on the label and possibly data, (3) it will be fairly easy for them. making the labels more readable and consumers and third parties to verify The arguments against including accessible for consumers. Focus group automaker claims on this basic question, merged values are (1) the variability participants, when viewing whole labels and (4) adding battery charging time between the performance values for for both conventional and advanced will make the advanced technology different operating modes can be very technology vehicles, did not express a vehicle labels more cluttered. large, and so any assumptions about an preference for displaying city/highway The agencies seek comments on ‘‘average driver’’ will be accurate for numbers for advanced technology whether we should include battery some consumers, but very inaccurate for vehicles, although they did express a charging time information on labels for many other consumers, and (2) clear preference for city/highway values EVs and PHEVs. including merged values, in addition to for conventional vehicles. e. Merged Vehicle Operating Mode individual operating mode values, will The agencies seek public comment on Information for PHEVs add to an already busy label. the following questions related to The agencies seek public comment on separate city and highway information Conventional vehicles have a single the question of whether labels for for advanced technology vehicle labels. ‘‘operating mode,’’ i.e., all the powertrain advanced technology vehicles with One, should EPA never report separate components contribute to propel the multiple operating modes should also city and highway values, always report vehicle at all times. Some advanced include merged values that combine the separate city and highway values, or technology vehicles have more than one various vehicle operating modes, and if retain discretion for doing so only when operating mode. For example, a blended so, on the best methodology for doing it is appropriate (i.e., when the PHEV could have up to three operating so. differences between city and highway modes: An all-electric mode where the are significant enough to be vehicle is propelled exclusively by grid f. City/Highway Versus Combined meaningful)? Two, would it be electricity via the battery and electric Values acceptable for EPA to require the use of motor, a second mode where the vehicle EPA’s conventional vehicle labels separate city and highway fuel economy is propelled by a combination of both have long reported fuel economy values values for conventional vehicles, but to grid electricity and an internal for both city and highway driving. For not do so, in some or all cases, for combustion engine, and a third mode most conventional vehicles, highway advanced technology vehicles? that uses only the internal combustion fuel economy values are typically 40– engine. For such vehicles, the agencies g. Methodology for Merged Values for 50% higher than city fuel economy PHEVs propose to provide consumers with values. The agencies believe that this is basic performance information about another issue that is worth reexamining One specific issue for PHEVs is the each of the PHEV’s individual operating with respect to advanced technology methodology for determining a single modes. One advantage of this approach vehicle labels. merged value that combines the various is that it will allow consumers to tailor Arguments for including separate city the information from the individual and highway information on advanced 129 Environmental Protection Agency Fuel Economy Label: Phase 1 Focus Groups, EPA420–R– operating modes to their own driving technology vehicle labels include (1) 10–903, August 2010 and Environmental Protection habits, and therefore develop Agency Fuel Economy Label: Phase 3 Focus ‘‘customized’’ information relevant to 128 SAE J2841. Groups, EPA420–R–10–905, August 2010, p. 12.

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operating modes into a single overall labeling these vehicles in an comments from several environmental value, given that PHEVs use both understandable and equitable way and consumer groups urging EPA to gasoline and grid electricity. The presents significant challenges. require additional information on the agencies expect that consumers who However, there are several other specific use of E85 on FFV labels. Since EPA did purchase a PHEV will do so with the vehicle technologies for which EPA not propose and request comments on intention of utilizing the capability of currently has labels, and EPA is also this topic in the 2006 rulemaking, the both fuels (e.g., it seems reasonable to proposing new label templates for those agency did not finalize any such assume that most consumers who as well. requirements. purchase a more expensive PHEV would EPA and NHTSA request public 1. Flexible Fuel Vehicles then charge the PHEV as frequently as comment on three options for FFV possible in order to achieve fuel savings Flexible fuel vehicles (FFVs) (also labels. by maximizing their use of electricity called flex-fuel, dual-fueled or bi-fueled One option is to make no changes to and minimizing their use of gasoline). It vehicles) are vehicles that can operate the current requirements for FFV labels thus seems appropriate to include the either on gasoline or diesel fuel, on an and continue to use fueleconomy.gov operation on both fuels in any merged alternative fuel such as ethanol or and the Fuel Economy Guide to provide values, using a weighted average of the methanol, or on a mixture of information on E85 use to consumers.132 appropriate metric for each of the modes conventional and alternative fuels. Consistent with the current of operation. The agencies propose and Produced since the 1980s, flexible fuel requirements, EPA and NHTSA would seek comment on using a methodology vehicles (FFVs) are the most numerous finalize regulations that would allow developed by SAE and DOE based on of the currently available alternative manufacturers to display the E85 fuel utility factors (UFs)—which predict the fuel vehicles, with dozens of 2010 car economy values on the label on a fractions of total distance driven in each and truck models available from General voluntary basis.133 The final regulations mode of operation (electricity and gas)— Motors, , Ford, Mazda, would include a template for such a to assign weighting factors for gasoline Mercedes, Nissan, and Toyota. label. and electricity use for PHEVs for the Essentially all FFVs today are E85 A second option is to require the purposes of determining merged values vehicles, which can run on a mixture of addition of E85 fuel economy values to for fuel economy and/or greenhouse gas up to 85 percent ethanol and gasoline. FFV labels using the units of miles per ratings and for any other metrics for These vehicles are considered ‘‘dual gallon. Since E85 has a lower energy which a single, merged value is fueled vehicles’’ under EPCA, which density (i.e., about 25% less energy per appropriate. The proposed UF states that the label for dual fuel gallon) than gasoline, this means that, methodology is described in detail in vehicles must ‘‘indicate the fuel other things being equal, an FFV will Section VI.B. economy of the automobile when have a lower fuel economy on E85 than operated on gasoline or diesel fuel; it will on gasoline. EPA recognizes that h. Advertising Restrictions clearly identify the automobile as a dual this does not mean that ethanol is a ‘‘less The Federal lead on guidelines for the fueled automobile; clearly identify the efficient’’ fuel than gasoline; in fact, use of vehicle label information in fuels on which the automobile may be FFVs are typically slightly more automaker marketing campaigns rests operated; and contain a statement efficient on E85 than on gasoline in with the Federal Trade Commission informing the consumer that the terms of miles per unit of energy. (FTC). The agencies believe that the additional information required by Accordingly, one approach under this unique issues, as well as in the likely subsection (c)(2) of this section is option would be to add text such as the increased complexity and ‘‘number of published and distributed by the following wording on the label that numbers,’’ associated with advanced Secretary of Energy.’’ 130 conveys this message: ‘‘While the E85 technology vehicle labels, warrant The current labeling requirements for MPG values are lower than the gasoline additional consideration of whether dual-fueled vehicles are consistent with MPG values, the use of E85 is typically there needs to be new guidelines for the these requirements. While not required, slightly more energy efficient than the use of label information in private manufacturers may voluntarily include use of gasoline.’’ Under this option, it marketing campaigns. The agencies the fuel economy estimates (and would also be possible to add E85 intend to raise this issue with the FTC, estimated annual fuel costs) for the values for CO2 emissions (an FFV and seek comments from the public that alternative fuel on the label, in addition typically emits slightly less CO2 per could help inform our input to the FTC. to the gasoline information.131 mile on E85 than on gasoline) and fuel Consumers can view the gasoline and costs (an FFV typically costs somewhat C. Labels for Other Vehicle/Fuel more to operate on E85 than gasoline, Technologies E85 fuel economy estimates of all FFVs in the Fuel Economy Guide and at though this can vary by region). If CO2 Labels for conventional gasoline and http://www.fueleconomy.gov. In fact, values are not shown, it would also be diesel vehicles and for certain advanced EPCA requires that the Fuel Economy possible to include a statement such as technology vehicles are the primary Guide contain information such as: (1) ‘‘Using E85 uses less oil and typically focus of this proposed rule. The fuel economy when operating on produces less CO2 emissions than Conventional gasoline and diesel the alternative fuel, (2) the driving range gasoline.’’ vehicles are expected to make up a when operating on the alternative fuel, A third option is to utilize the concept majority of the fleet well into the future, and (3) information about how the of miles per gallon of gasoline- and improving on the communication of performance might change when conventional vehicle fuel economy and operating on mixtures of the two fuels. 132 Consumers do get some information regarding related information is a continued E85 efficiency on a label required by the FTC. EPA did not propose changes to these Currently the FTC label for FFVs displays the priority of EPA and NHTSA. Electric requirements in the 2006 labeling rule driving range on both fuels and some additional vehicles and plug-in hybrid electric and did not seek comment on the topic. information regarding the use of alternative fuels. vehicles are entering the fleet in the However, EPA received late public See 16 CFR part 309. near term, and there is the potential for 133 Label examples for FFVs are shown in Section III, but these reflect only a transition of the a rapidly increasing market penetration 130 49 U.S.C. 32908(c)(3). currently used label content (some of which is of these vehicles in the future, yet 131 40 CFR 600.307–08(b)(14). required by statute) to the proposed label designs.

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equivalent (MPGe), which is a way to provided specific instructions regarding those proposed for conventional quantitatively account for the slightly how to determine the fuel economy for vehicles, with only a few exceptions. higher miles per unit of energy that an dedicated alternative fuel vehicles such First, where the proposed labels FFV achieves on E85 relative to as gaseous-fueled vehicles. The statute indicate the fuel type, labels for CNG gasoline. Because a gallon of gasoline states that for dedicated automobiles the vehicles would state ‘‘Compressed has about 33 percent more energy than fuel economy ‘‘is the fuel economy for .’’ Second, the fuel a gallon of E85, this means that an E85 those automobiles when operated on economy value(s) would be stated as MPG is multiplied by about 1.33 to alternative fuel, measured under section gasoline-equivalent values. As is the convert it to a MPGe value. For most 32905(a) or (c) of this title, multiplied case for the proposed labels for electric current FFVs, an E85 MPGe value will by 0.15.’’ 135 Section 32905(c) applies to vehicles, the CNG labels would indicate be slightly higher than the gasoline MPG gaseous-fueled vehicles, and it requires the conversion factor that is used to value. The E85 MPGe value could be in the following: ‘‘For any model of determine the gasoline equivalent place of, or in addition to, an E85 MPG gaseous fuel dedicated automobile values (0.823 gallons-equivalent per 100 value. As with the second option above, manufactured by a manufacturer after cubic feet of CNG, as required by 138 CO2 and fuel costs values for E85 could model year 1992, the Administrator statute). Third, the estimated annual also be included. shall measure the fuel economy for that fuel cost would be calculated using the The Federal Trade Commission (FTC) model based on the fuel content of the combined city/highway gasoline currently requires the use of a label that gaseous fuel used to operate the equivalent value and the cost per gallon displays the cruising range of FFVs and automobile. One hundred cubic feet of equivalent of CNG. The use of gasoline- other alternative fuel vehicles. If the natural gas is deemed to contain .823 equivalent gallons is appropriate agencies finalize one of the options to gallon equivalent of natural gas. The because this is how CNG is dispensed, include E85 information, and the FTC Secretary of Transportation shall priced, and sold at current CNG fueling determines that that information is determine the appropriate gallon stations. Finally, because the cruising duplicative with its own information, it equivalent of other gaseous fuels. A range of CNG vehicles is typically opens up the possibility that the FTC gallon equivalent of gaseous fuel is limited relative to conventional might review its requirement. deemed to have a fuel content of .15 vehicles, we are proposing the addition One remaining issue with FFVs is the gallon of fuel.’’ 136 of cruising range to the CNG vehicle methodology for assigning an overall This methodology is currently label (in this way the label would mimic combined value for greenhouse gas or specified in EPA regulations. Note that the electric vehicle label). As is the case fuel economy-based ratings or for any 32905(c) applies a factor of 0.15, which with electric vehicles, we believe that other metrics for which a single is essentially a ‘‘credit’’ that increases range is a key piece of information for ‘‘merged’’ value is shown, given that two the fuel economy of gaseous-fueled the consumer who is considering a CNG different fuels can be used. There is vehicles by a factor of about 6.7 for the vehicle. Other information on the label, empirical evidence that approximately purpose of CAFE calculations. But the such as the greenhouse gas and other 99% of all FFV owners currently use statute recognizes that incorporation of pollutant emissions and ratings, would gasoline rather than E85 fuel. Given this credit factor in the label values is be determined from emission and fuel this, the agencies propose, as a default, not appropriate, hence the provision in economy test results and the proposed to base any merged values for FFVs on 32908(b)(3) to multiply the 32905(c) calculation methodologies as is the case the assumption that the vehicle is result by 0.15, thus removing the credit for all vehicles. operated on gasoline 100% of the time. value and resulting in an appropriate Section III presents the proposed and However, if a manufacturer can real-world label value. alternative label designs, including a demonstrate that some of its FFVs are in The current EPA regulations interpret proposed design for CNG vehicles. We fact using E85 fuel in use, then the the statute as requiring that the label for request comment on the proposed merged values can be based in part on CNG vehicles display a gasoline- approach for CNG vehicles, and whether E85 performance, prorated based on the equivalent value, and a label template there is additional information specific percentage of the fleet using E85 use in for CNG is provided in the current to CNG or alternative fuels that should the field. This approach is consistent regulations.137 As can be seen, the be on the label. with that used for vehicle GHG current label for CNG vehicles is 3. Dual Fuel Natural Gas & Gasoline emissions compliance under the joint fundamentally the same as for gasoline Vehicles EPA/DOT standards for 2016 and later vehicles, except that the fuel economy model year vehicles.134 The agencies Although there is currently a template values are described as ‘‘gasoline for dual fuel CNG/gasoline vehicles in seek comment on applying the same equivalent’’ values, and the estimated approach here. the existing regulations, there are no annual fuel cost is based on a combined manufacturers that are currently 2. Compressed Natural Gas Vehicles city/highway gasoline equivalent value manufacturing new vehicles that run on EPA regulations currently provide a and the price per gallon equivalent of CNG and on gasoline.139 Thus we label template for vehicles operating on CNG. The current label also contains request comment on whether there is a compressed natural gas (CNG), and text that reads ‘‘This vehicle operates on need to develop a template for these there is one major manufacturer natural gas fuel only. Fuel economy is vehicles based on the new labels. The currently selling a natural gas vehicle in expressed in gasoline equivalent agencies envision that such a label selected markets. Given that a CNG values.’’ would be based largely on the proposed vehicle is a single-fuel vehicle, EPA We are therefore proposing that labels approach for dual fuel gasoline/ethanol believes that the label designs for CNG vehicles be essentially the same vehicles discussed above, in that the developed for conventional or other in terms of content and appearance as fuel economy and related information alternative fuel vehicles can be easily 135 adapted to gaseous-fueled vehicles, as 49 U.S.C. 32908(b)(3). 138 49 U.S.C. 32905(c). 136 49 U.S.C. 32905(c). 139 Some aftermarket fuel conversion companies has been done in the past. In fact, EPCA 137 Appendix IV to 40 CFR Part 600, Sample Fuel offer such vehicles, but EPA regulations do not Economy Labels for 2008 and Later Model Year currently require fuel economy labels for 134 75 FR 25433, May 7, 2010. Vehicles. aftermarket fuel conversions.

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for both fuels would be displayed on the describe the use of color on the labels, › Make it easy to identify the most label. but interested parties should view the fuel efficient and environmentally Although this proposal addresses color versions to understand the full friendly vehicles. most current technologies, it does not effect of the label designs. The agencies are requesting comment need to address every possible fuel and Each design family consists of a set of on both the design and content of each technology combination either in labels applicable to an array of vehicle label. Design issues are self-evident on existence or that may emerge in the technology/fuel types. Specifically, we the labels as presented, and we seek future. EPA has the authority to show label examples that apply to comment on the design aspects of each prescribe test procedures and label conventional vehicles (that is, vehicles label family, including format, color, content for vehicles that are not operating on a single fuel with internal font, and graphical elements. Content specifically addressed by the combustion engines or hybrid electric issues have been extensively discussed regulations, and expects to do so on an drive), flexible-fuel vehicles (for throughout the preamble; for illustrative as-needed basis to address new example gasoline-ethanol), compressed purposes, presentation of content varies technologies and fuels.140 In fact, EPA natural gas vehicles, electric vehicles, somewhat from one label family to expects to exercise this authority with and plug-in hybrid electric vehicles. another and we seek comment on the respect to labels for electric vehicles and Each label family could be readily various approaches. Specifically, we plug-in hybrid electric vehicles that adapted to accommodate additional seek comment on the layout, arrive on the market before the 2012 vehicle technologies or fuels, such as prominence, and grouping of label model year. vehicles powered by fuel cells or other elements in terms of clarity, apparent upcoming technologies. The agencies relative importance, responsiveness to 4. Diesel Fueled Vehicles intend to finalize a label family with a consumer information needs, and EPA proposes to continue to calculate consistent look and feel across vehicle effectiveness at meeting public policy the fuel economy of diesel vehicles in types, in the belief that such consistency goals. These sample labels do not miles traveled on a gallon of diesel fuel. will most effectively allow for present every possible configuration of Diesel fuel has a long history of being recognition of the label as well as each label; for example, gas guzzler sold on a volumetric basis, and the comprehension of its content. information is not depicted, as it is energy content difference between a The agencies found through the focus utilized on only a small subset of labels. gallon of gasoline and a gallon of diesel groups and expert panel that many The final rule will provide specific fuel is relatively small. consumers will view the fuel economy templates for these unique cases. label quickly, some using it to confirm Detailed specifications for presenting all III. Proposed Revisions to Fuel the vehicle information they have required label information will be Economy Label Appearance previously researched on a included in the regulations. This section presents and requests manufacturers’ website or a third party Although we will finalize labels with comment on three label designs. The website such as Consumer Reports or a uniform look and feel, commenters agencies are co-proposing Label 1 and Edmunds.com. Other consumers, in should not view the content of the Label 2 design options, meaning that the contrast, will view the fuel economy labels below as being necessarily tied to agencies currently expect to finalize one information for the first time when they one label design. For example, just of the two options. A third label design visit a dealer lot or showroom. While a because Labels 1 and 3 for PHEV are the is being presented as an alternative on new vehicle purchase represents a only labels that display the all-electric which the agencies are requesting significant financial outlay, the agencies range for a PHEV does not mean that the comment. All of these designs take into learned through their research that information could not be incorporated account and meet the variety of consumers like it simple, and do not into Label 2 or into other label designs. statutory requirements in EPCA and necessarily act on details. Therefore, We are interested in comments that EISA as discussed in Section I. It is while the agencies want and need to relate both to content that should be on important to note that although all of add certain pieces of information to the label, how it should be the label designs shown in this section meet statutory requirements and to help communicated, and what overall label make use of color to varying degrees, consumers make informed decisions presentation is most effective and this Federal Register notice is capable of about the fuel consumption and consumer friendly. only displaying gray-scale versions. Full environmental impacts of their vehicle Finally, please note that although the color versions can be viewed and/or choices we must balance these agencies have made every effort to make downloaded from the docket (search for objectives with the need to keep the these labels as realistic as possible and docket number EPA–HQ–OAR–2009– new labels consumer friendly. To to ensure that the values on each label 0865141 or docket number NHTSA– accomplish this, the agencies were are internally consistent, the labels 2010–0087 at http:// guided by a set of core principles in presented here should be considered www.regulations.gov) or from the designing these labels. The labels examples that are not intended to agencies’ Web sites where all should: represent real automobiles. information related to this action will be › Create an immediate first A. Proposed Label Designs posted (http://www.epa.gov/ impression for consumers. fueleconomy/regulations.htm and › Be easy to read and understand The agencies are proposing two label http://www.nhtsa.gov/fuel-economy). To quickly. designs, presenting both designs as the extent possible this section will › Clearly identify vehicle technology equal ‘‘co-proposals’’ but expecting to (conventional, EV, EREV, PHEV). finalize only one design based on public 140 40 CFR 600.111–08(f) (test procedures) and 40 › Utilize color. comments and other information CFR 600.307–08(k) (label format requirements). › Chunk information to allow people gathered after the proposal. Although 141 See Memorandum from Roberts W. French, Jr. to deal with ‘‘more information.’’ the two designs shown below have to EPA Docket # EPA–HQ–OAR–2009–0865, ‘‘Color › Be consistent in content and fundamentally different visual versions of labels proposed by EPA and DOT in design across technologies. appearances and will no doubt elicit Notice of Proposed Rulemaking ‘‘Revisions and › Additions to Motor Vehicle Fuel Economy Label,’’ Allow for comparison across very different reactions from some August 26, 2010. technologies. viewers, they essentially present exactly

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the same basic information. For varying or equal prominence, which average vehicle. For vehicles with fuel conventional vehicles, for example, may make it difficult for consumers to economy ratings above the median each design displays the following: evaluate at a glance, this label presents vehicle, the label would display how • City MPG. the energy and environment rating as a much the consumer would save, and for • Highway MPG. letter grade (a system familiar to all vehicles with ratings below average the • Combined gallons/100 miles. consumers) with major prominence at label would display how much more the • CO2 grams per mile (combined city/ the top of the label. The letter grade is consumer would be spending. highway). simply another familiar scale on which All the remaining information is • Estimated annual fuel cost. to present a linear rating, comparable to displayed in the bottom portion of the • Range of fuel economy within the the star system or a 1–10 rating. This label and would be available to class. grade would be based on CO emissions 2 consumers who want to know the more • The fuel the vehicle uses. and fuel economy consumption as detailed information or who take a more • Three ‘‘slider bars’’ showing the described in Section II. To further help performance of the labeled vehicle consumers identify the grade of a analytical approach to evaluating the vehicle. The agencies believe that this relative to other vehicles for MPG, CO2, vehicle on the dealer sales lot, the and other air pollutants. agencies are proposing that different approach uses a rating system that is • Annual fuel cost assumptions. colors be used to differentiate between easily understood by consumers and • A symbol that can be read by a grade ‘‘families.’’ In other words, the that would dramatically simplify the ‘‘‘Smartphone’’’ for additional consumer dominant color on all the ‘‘A’’ grade process of evaluating the overall energy interactions (i.e., a ‘‘QR’’ Code). labels would be one color, the ‘‘B’’ grade efficiency and environmental impacts of • A Fuel Economy Guide statement. labels would use a different color, and the vehicles they are considering. The • EPA, DOE, and DOT logos. so on. For example, the circle which de-emphasis of MPG on this label— surrounds the letter grade would be a indeed, one purpose of directing 1. Label 1 different color depending on the grade. consumers to the overall rating—is Label 1 is fundamentally different The color versions of the labels intended to enable consumers to make from Label 2 and 3 designs presented in demonstrate this, using green for A the best fuel consumption and this section in three different ways: grades, yellow for B grades, orange for environmental choices, choices made • First, the orientation is a portrait C grades, and a dark orange for D grades. easier by the addition of the orientation, rather than the landscape • Third, this label provides new fuel comparative cost information. style of the current label. cost savings information not seen on Additionally, a consumer that uses the • Second, a rating reflecting the any other label designs. Secondary only letter grade and cost information on this energy efficiency and environmental in prominence to the letter grade, and label may be able to avoid the effect of impacts of the vehicle is given overall immediately below the letter grade, the ‘‘MPG illusion’’ described in Section prominence. Instead of providing a Label 1 would display the 5-year fuel II. series of numbers on the label with cost of the vehicle in comparison to the BILLING CODE 6560–50–P

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Option 2 for the PHEV version is of how more information about the consumers or whether the first option is offered as an alternative representation different modes of operation for PHEVs more useful. of plug-in hybrid electric vehicles. This could be displayed on Label 1. The 2. Label 2 option was developed to be consistent agencies seek comment on whether this with other dual-fuel vehicle labeling alternate approach to PHEV labeling for Label 2, shown below takes a more approaches. It also provides an example Label 1 provides better information for traditional approach, similar to the

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current fuel economy label and of Label 1, except with the additional have an additional piece of information highlights the key metrics of MPG and space for the MPG rating ‘‘slider bar.’’ relative to Label 1—the battery charging annual fuel cost. The agencies are Because of this extra space for the slider time. And unlike Label 1 and Label 3, seeking comment about whether, if this bars, Label 2 can also display the range the PHEV label in this series provides label were finalized, the prominence of of fuel economy of the applicable separate annual cost estimates for both gallons per hundred miles should be vehicle class (Label 1 provides this the electric and gas modes of operation, gradually increased on the label through information in text form) in the context which may be more useful to consumers one or more rulemakings to facilitate of the range of fuel economy for the who want to understand the costs consumer familiarity with and usage of whole fleet. Label 2 uses the slider bar specifically associated with operating a consumption metric. As explained in approach like Label 1 for all of the the vehicle solely on mode either when Section II, these labels show the specific ratings, and, like Label 1, has operating on electricity or in gas-only combined city/highway MPG with the separate ratings for MPG, greenhouse operating mode. highest prominence. The additional gases, and other air pollutants. The ratings are essentially identical to those electric vehicle label in this series does BILLING CODE 6560–50–P

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B. Alternative Label Design (Label 3) ratings into one slider bar using a 1–10 label provides essentially the same The agencies also seek comment on a rating scale (rather than the absolute information as Label 2. For PHEVs, third label design that includes the same values used in the other label designs), Label 3 provides only one annual fuel information as the other labels, but and instead of a relative ‘‘slider bar’’ cost number (like Label 1) that merges displays alternative ways of scale for the other air pollutant rating, the electric and gasoline modes. This communicating the information. For Label 3 uses a star rating system. Other label also displays for PHEVs an all- example, this label (Label 3) combines than the difference in the rating electric range, if the vehicle is capable the greenhouse gas and fuel economy systems, the Label 3 electric vehicle of such operation.

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BILLING CODE 6560–50–C

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IV. Agency Research on Fuel Economy the comment period following this rulemaking due to the advancements in Labeling NPRM). A more thorough discussion of vehicle technology underway, the As discussed above, the fuel economy each research method is provided increased market share of vehicles that label must contain certain pieces of below. use fuels other than gasoline, and the introduction of environmental information by statute, and may 1. Literature Review additionally contain other pieces of information to the label. The agencies information considered helpful to EPA and NHTSA conducted a review determined that they would gather in- consumers. Given that all of the label of the existing literature to understand depth, qualitative feedback about fuel information must be presented so as to the vehicle buying process. Specifically, economy labeling, potential new label maximize usefulness and minimize the literature review addressed the information, and ways of displaying the confusion for the consumer, EPA and sources of information that consumers information through focus groups. The NHTSA embarked upon a use to research vehicles, their decision- focus group format allowed for in-depth comprehensive research program making process, and the factors that probing around a variety of topics, beginning in the fall of 2009. influence which vehicles consumers including comprehension of potential Developing an effective label—one that choose to buy. These include vehicle- elements on the fuel economy label and conveys the required and desired specific factors such as price, fuel how consumers may use that information to consumers so that they economy, and safety, as well as the role information in making purchase can understand and use it to make that demographics and psychographics decisions. The focus groups were not decisions—involves some inherent play in purchasing decisions. Literature intended to provide quantitative results, subjectivity, since what is examining consumer attitudes toward but were instead designed to help EPA understandable and useful for one buying more fuel efficient and and NHTSA discern the subtleties of the consumer may be confusing or environmentally friendly (i.e., ‘‘green’’) large number of decisions that are unhelpful to another. To better ground vehicles was also reviewed. necessary when creating a label that our proposed label designs in actual Understanding when and how should convey numerous and human responses, the agencies set out to consumers consider fuel economy and sometimes complicated information. better understand the following general the environmental impact in their The focus group process included a issues: whether, how, and to what vehicle purchase decisions helped the recruitment screener, on-line pre-focus extent consumers use the current fuel agencies determine the most effective group survey, and at least two gender- economy label in the vehicle purchase ways to provide useful information to differentiated focus groups in four process; the barriers to consumer consumers on the vehicle label. different cities for each of the three understanding of the fuel efficiency of Additionally, the literature review separate phases. The focus group vehicles relative to one another report included an overview of existing methodology and results, including the (including both conventional vehicles educational campaigns aimed at helping recruitment screener and pre-focus and advanced technology vehicles); and consumers use information on the fuel group on-line surveys, are discussed in how a newly redesigned label could efficiency and the environmental effects greater detail in the focus group of their transportation choices. Review Technical Memoranda available in the most effectively convey information to 144 consumers on fuel economy, fuel of these campaigns may help inform the public docket for this rulemaking. The agencies concluded that consumption, fuel cost, greenhouse gas, agencies’ development of educational conducting three phases of focus and other emissions. tools and messages beyond the label to When EPA last redesigned the fuel provide consumers with useful groups, each with a different economy label in 2006, consumer information on fuel efficient and concentration, was necessary to gather research was valuable in helping to environmentally friendly vehicles. adequate information to explore the inform the development of that label.142 A broad range of sources were complex and numerous issues raised by Since today’s proposal includes adding reviewed for this report, including this rulemaking. Phase 1 gathered important new elements to the existing journals in marketing, economics, and qualitative information on consumer label as well as creating new labels for transportation research; business understanding and use of the current advanced technology vehicles, EPA and magazines; government documents; fuel economy label, consumer reaction to potential new information and NHTSA embarked on a more conference proceedings; and a variety of metrics on the label for conventional comprehensive consumer research websites. Some of the key findings from vehicles, and also initial identification program than that undertaken in 2006 the literature review are described in of effective displays for this and have used this research to help Section IV.B. A more detailed report is information. Phase 2 asked consumers develop the labels proposed in this available in the docket.143 to identify what information they were NPRM. 2. Focus Groups interested in seeing on the label for A. Methods of Research The agencies felt it was critical to advanced technology vehicles and To gather information about the topics consider understandability and explored the understandability and described below, the agencies designed consumer reaction to a variety of label sufficiency of various information and a research plan including a review of concepts given that the purpose of the metrics for PHEVs and EVs. Phase 3 literature on the vehicle buying process, fuel economy label is to inform explored the understandability and three sets of focus groups in four consumers of the vehicle’s fuel economy usefulness of new information different cities, a day-long facilitated and, with the amendments enacted by integrated into whole label designs for consultation with experts in the field of EISA, greenhouse gases and other both conventional and advanced shifting consumer behavior, and an emissions. EPA and NHTSA technology vehicles. Thus, overall, internet survey of responses to proposed additionally saw a need to conduct focus groups were used to obtain a label designs (which will occur during research beyond that of the previous qualitative understanding of consumers’ comprehension and reactions to fuel 142 The current label was redesigned and 143 Environmental Protection Agency Fuel economy label information. implemented for model year (MY) 2008 vehicles. Economy Label: Literature Review, EPA420–R–10– See 71 FR 77871–77969 (December 27 2006). 906, August 2010. 144 EPA–HQ–OAR–2009–0865.

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The agencies assumed that 3. Internet Survey then the labels can be considered individuals who had recently purchased equivalently understandable. vehicles would have the best insight While the focus groups were used to To test the potential influence of the into how the current fuel economy label develop new label designs, the internet labels on vehicle purchases, is used and would therefore also be best survey is meant to examine how respondents see pairs of labels for suited to provide input about any understandable the new label designs vehicles with all vehicle attributes changes that might be made to the label. are, and whether the proposed new constant except those varied on the To that end, participants were selected label and alternative labels will improve label, such as the technologies of the based on having purchased a vehicle consumers’ knowledge about more vehicles, their efficiencies, and their within the past year, but not during the efficient vehicles. The planned survey is energy costs. Instead of using the label ‘‘cash for clunkers’’ purchase scheduled to begin concurrent with the to identify the better vehicle for a window.145 A ‘‘participant screener’’ signing of this proposal and will test scenario, the respondents are asked was used to ensure a reasonable cross- these questions for both conventional which of these vehicles they would section of purchasers was represented in and advanced technology vehicles. A prefer to buy, based on their individual each group. Some of the demographic notice of the survey, published in the driving patterns. Comparisons involve variations purposefully considered Federal Register on May 12, 2010, both conventional and advanced included the type of new vehicle requested comment on the survey technology vehicles. Because the survey 146 purchased, price range of the new methodology. No substantive asks respondents about their typical vehicle, average daily driving distance, comments were received. daily driving distances, it is possible to and whether the individual had This survey will use two samples: see whether respondents chose the seriously considered or actually Self-selected U.S. new vehicle vehicle better suited for their habits. purchased an advanced technology purchasers and people who expressed The key variable is whether the vehicle such as a gasoline hybrid. an intention to purchase a new vehicle responses differ for different label designs. Each focus group participant was also by requesting a price quote from a 147 The Internet survey data collection is asked to complete a short on-line survey dealer. Each of these samples is divided into three separate groups. One planned to occur in early to mid-August before attending the session. This 2010. The results of the survey will be survey served three purposes: (1) To version of the survey was developed for each group, identical in every way made public as soon as they are collect demographic data about the except that each of the groups will see available. The results will be made participants and information about their only one of the label designs. available in the public docket for this specific vehicle purchase process; (2) to rulemaking at regulations.gov. If the The survey tests respondents’ provide participants with some results are not placed in the docket 30 understanding of the labels by showing background information about advanced days before the end of the comment each respondent a series of label pairs. technology vehicles so that the period, the agencies will accept participants would have some exposure In each pair, all vehicle characteristics comments on these results up to 30 days to new technologies prior to the focus are held constant except the information from when they were placed in the group meeting; and (3) to gather on the vehicle label. For instance, the docket. information about how the participants fuel economy of the vehicles may differ, had used the current fuel economy label or one may have a conventional vehicle 4. Expert Panel in their purchase decisions, if at all. and one an electric vehicle. In order to gather additional feedback This survey data was not intended to be Respondents are then asked to identify on the label designs developed from the examined as a nationally representative which vehicle is better to use for trips focus groups and to identify 148 sample and was only used as of specified distances. The key metric opportunities and strategies to provide supplementary information when of interest is whether the label designs more and better information to describing the focus group results. produce statistically significantly consumers so that they can more easily different results. If one label produces The agencies anticipate that there will assess the costs, emissions, and energy more correct responses than other be additional focus groups prior to rule efficiency of different vehicles, EPA and labels, then it can be considered more finalization in each of the four cities NHTSA convened an expert panel. understandable; if the labels do not where focus groups were held pre- ‘‘Experts’’ were selected based on their produce statistically different results, proposal. These focus groups will past experience in changing social examine revised labels based on norms either by successfully launching 146 U.S. EPA, ‘‘Agency Information Collection new products or leading national feedback the agencies receive during the Activities; Proposed Collection; Comment Request; comment period and will provide Internet Survey Research for Improving Fuel education campaigns that have had a additional input on whole label designs. Economy Label Design and Content; EPA ICR No. broad and significant impact. The The agencies will place information 2390.01, OMB Control No. 2060–NEW,’’ 75 FR method for selecting the panel began by obtained from these focus groups in the 26751 (May 12, 2010). first generating a list of products and 147 Sources of respondents were databases owned social changes that met the criteria of docket as it becomes available and by Autobytel, http://www.autobytel.com (for those encourages all interested parties to intending to buy new vehicles), and Focus USA (for impacting a significant percentage of the check the docket for updated those who purchased a vehicle in the last year), population quickly, while also information. http://www.focus-usa-1.com. demonstrating staying power. 148 Respondents were asked which was better, Individuals who had roles critical to the rather than which was more fuel-efficient or less 145 ‘‘Cash for Clunkers’’ (Consumer Assistance to costly, so as to leave the respondents with the success of these efforts were then Recycle and Save Act of 2009, Pub. L. 111–32) was choice of what information on the label to use for identified and recruited. Nine ‘‘experts’’ a NHTSA program that provided a tax incentive to the comparison. A later question asked which participated on the panel, with trade-in low fuel efficient vehicles for new, higher information they used in their response. While this experiences that included launching fuel efficient vehicles. The purchase period in somewhat ambiguous approach may reduce the which this program operated was excluded to avoid absolute number of correct answers to the very successful public health any bias of participants, since the program was questions, the goal is testing the relative effects of campaigns, Internet sites, new explicitly focused on fuel economy. the labels, not the absolute effects. technologies, and cable networks. The

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meeting was held from 9 a.m. to 3 p.m. a. Fuel Consumption and Fuel Economy they would use the gallons per 100 mile in Washington, DC on June 9, 2010. EPCA requires the label to display the fuel consumption information on the The topics covered include: ‘‘fuel economy of the automobile.’’ label to learn about the vehicle’s city Background information, review and However, fuel economy, commonly and highway gas consumption and to feedback on the EPA/NHTSA research thought of as ‘‘MPG’’ (the number of compare between different vehicles in process, messaging techniques, outreach miles that can be traveled consuming making their purchase decision. strategies, and feedback on possible one gallon of fuel) is often However, most participants were not label designs. The Expert Panel is misunderstood by consumers. As enthusiastic about using the fuel discussed in greater detail in the Expert discussed more extensively in Section consumption information. Panel Report in the public docket for II, because MPG is not linear, when Almost all focus group participants this rulemaking.149 people compare vehicles with different showed a strong attachment to MPG. B. Key Research Questions and Findings MPG values they are apt to incorrectly They like and use the city and highway estimate the fuel savings of one vehicle MPG and are not familiar with gallons The agencies identified the following over another. For example, switching per 100 miles. If a new fuel key research questions, given the from a 15 MPG vehicle to a 20 MPG overarching issues provided above: vehicle will save more fuel than consumption metric, such as gallons per • switching from a 30 MPG vehicle to a 100 miles, were added to the label How should labels portray participants would still want the information about fuel consumption and 35 MPG vehicle. Thus, comparing familiar MPG metric to be prominent on fuel economy, fuel cost, greenhouse gas, vehicles based on MPG is not as helpful the label. Recognizing that consumers and other emissions for consumers in a to consumers in making quick and way that is most understandable and accurate comparisons as consumers may believe they derive significant value useful to them? believe it to be. Fuel consumption (the from MPG, but that consumption information may be more accurate and • How should labels for advanced number of gallons of fuel consumed to ultimately valuable to consumers, technology vehicles portray information travel a given distance), on the other another approach to displaying fuel about fuel economy, fuel cost, hand, does yield the type of linear greenhouse gas, and other emissions for comparison that consumers should find consumption was also devised and ‘‘ consumers in a way that is most useful. Therefore, the agencies explored presented to focus groups: An annual understandable and useful to them? ways to convey fuel consumption on the gallons used’’ value. The basis for label. deriving this new metric was that (1) it • How should the new labels be Focus groups were instrumental in makes the magnitude of comparing designed to meet the statutory helping the agencies learn about vehicles based on consumption more requirements while best raising communicating fuel consumption. apparent, and (2) it provides a clear link consumers’ understanding of fuel Specifically, Phase 1 focus groups set between the annual cost value and fuel efficiency, fuel cost and environmental out to gauge how receptive consumers impact? consumption value. An annual gallons were to a fuel consumption value and metric was also found to be one of the • How can consumers compare whether there were particular more effective ways to demonstrate the vehicles when they are shopping? presentations of that value which were fuel economy illusion. While the • What purchase process do more understandable. To do this the agencies considered displaying the consumers currently use to make new ‘Fuel Economy (MPG) Illusion’ was annual gallons of fuel information on vehicle purchasing decisions? Given introduced in the pre-focus group on- the label we ultimately determined that line survey, followed by specific this process, when are the most effective the gallons per 100 mile metric should opportunities to communicate fuel probing in each group around what ‘‘fuel be introduced on the label as the new economy and environmental consumption’’ means. Phase 1 focus consumption metric, and that the information? groups generally responded that it was the distance one can travel on a gallon introduction of the five year cost or 1. Effective Metrics and Rating Systems of gas (which is fuel economy, rather savings information would also help for Existing and New Label Information than fuel consumption). Following this consumers in overcoming the effects of the MPG illusion while also providing How should labels portray discussion the participants were information about fuel consumption and presented with four different designs, important additional information. fuel economy, fuel cost, greenhouse gas, each conveying fuel consumption and Phase 1 focus group participants also and other emissions for consumers in a fuel economy information. The evaluated four different graphical way that is most understandable and prominent value displayed within each display options for fuel consumption useful to them? design was fuel consumption, given in and were asked which was the most As described in Section I, EPCA and gallons per 100 miles while the less understandable design. Participants EISA require the fuel economy label to prominent value was fuel economy, responded by identifying the design provide fuel economy, cost, and given in miles per gallon. Even when they felt was simple, informative and in environmental information, as well as participants demonstrated that they a familiar format. However, participants provide a means to compare vehicles properly understood fuel consumption, did not agree on which design based on fuel economy, greenhouse most still indicated that they preferred accomplished this. gases, and other emissions. The agency’s miles per gallon over gallons per 100 miles. Participants indicated this to be The agencies further explored fuel research program explored how this economy and fuel consumption designs information might be displayed on the the case even after the moderator explained the ‘MPG Illusion.’ A few in Phase 3 where focus group label in a useful and accessible format participants were asked to evaluate for consumers. participants did indicate that viewing gallons per 100 miles, instead of miles whole label designs encompassing both per gallon, might get them to switch to fuel economy and fuel consumption 149 Environmental Protection Agency Fuel values. In each of the three labels Economy Label: Expert Panel Report, EPA420–R– more efficient vehicle types. Some 10–908, August 2010. participants also said that they believed presented, the MPG value was a

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dominant metric.150 For each design prominent location. The expert panel etc.). When Phase 1 focus group participants were asked to determine stated that this approach would provide participants were presented with a between two labels, which represented interested consumers with more variety of cost units, the two most the more fuel efficient vehicle. detailed information without distracting popular choices among cost units were Participants were also asked to identify from the simpler, overall metric that all annual cost and cost per month. what piece of information on the label consumers could easily understand. The However, in Phase 3, when presented they used to make this determination. rationale for this label design is that it with labels that displayed both a Fuel consumption was rarely identified can provide useful comparative monthly cost and an annual cost, as being used by participants. Instead, information to the consumer who may participants suggested that the monthly participants used MPG and cost values only glance at it, while also providing cost value could be dropped. most often.151 the necessary details to those who want Participants in the expert panel In Phase 3, the agencies explored more in-depth information. meeting suggested that the agencies simplification of the labels by Additionally, the expert panel suggested provide information on the savings displaying on two of the three label prominently featuring a website URL consumers could achieve by purchasing designs only the combined (55% city and a QR Code® for smartphones to a more fuel efficient vehicle. One expert and 45% highway) fuel economy value provide consumers with access to more panel participant noted that the current in lieu of listing the city and highway detailed vehicle information label designs demonstrate costs, but that values separately. (See Section IV.B.4 elsewhere.153 For example, the website it would be better to demonstrate for a discussion of whole label designs and smartphone application might savings, which tends to be a very strong and why simplification is perceived as contain tools for consumers to calculate motivator.155 One approach to an overarching goal.) When participants the fuel economy they can expect based communicating this information on the were probed about why they did or did on their own driving habits or allow label would be to display the savings a not like certain label designs, the consumers to quickly compare fuel consumer might expect over five years presence of city and highway values economy and consumption for different by purchasing and driving a vehicle was often cited as a positive for a label vehicle models. with a higher overall letter grade. design, and the absence of the city and b. Fuel Cost c. Environmental Metrics highway values was cited as a negative Environmental information on for a label design. In addition, when EPCA requires the fuel economy label greenhouse gases (GHGs) and other asked how to improve the label designs, display the ‘‘annual fuel cost of ’’ emissions has not been previously several focus group participants asked operating the automobile. Recognizing displayed on the fuel economy label, so for the city and highway values to be that some consumers have previously the agencies were interested in learning added to the label designs that did not appeared to distrust or dismiss annual how a label might best convey to include them. costs as not representative of their own consumers information about the The agencies gathered additional experience, EPA and NHTSA explored emissions impact of a new vehicle. The input on the most effective approaches whether there were other cost units available literature on the impact of for portraying fuel economy and fuel (such as cost per month, per mile, per ‘‘eco-labeling’’ vehicles is mixed.156 consumption information during the week, etc.) that could be additionally Some of the research indicates that expert panel meeting. After viewing provided that would be more consumers may welcome an eco-label three label designs, expert panel meaningful to consumers. Throughout the focus groups in Phase on their vehicle, although they say that participants provided comments on how 1 and 2, participants indicated that they it is unlikely to impact their purchase the label could be made more tended to dismiss the annual cost decision. Through its consumer understandable and useful for information on the current label because research, the agencies investigated what consumers. The expert panel gas prices fluctuate and vary with combination of metrics and ratings emphasized that in order to be effective, location, and they do not drive 15,000 might be displayed on the fuel economy the fuel economy label should be simple miles per year.154 Nevertheless, Phase 1 label to provide this information in an and able to be understood by consumers focus group participants identified the effective and consumer-friendly way, within a short amount of viewing time. estimated annual fuel cost as the second including a stand-alone CO2 To implement this goal, the expert panel most used piece of information on the performance metric, relative versus suggested that the agencies develop a label. In addition, in Phase 2 focus absolute rating systems, a comparison single, overall metric for vehicles that is groups, where participants were asked system, and an environmental easy for consumers to understand, such to create labels from scratch, most certification mark. ± ± 152 as a letter grade (A , B , etc.). groups placed a cost value on the label. For the most part, Phase 1 focus group The expert panel also suggested that When cost values are used, focus group participants indicated that they did not the agencies consider redesigning the members indicated they used it as a research environmental information label such that the single metric is comparative tool to evaluate the fuel (beyond fuel economy) as part of the prominently featured on the top half, efficiency of different vehicles. vehicle purchase process. While some and any additional vehicle information When asked what they thought about participants indicated that they would and more specific metrics be included cost, focus group participants indicated use environmental information to on the label in smaller font and in a less they thought about the cost to fill a gas compare different vehicles if it was tank, the fuel cost over a period of time placed on the fuel economy label the 150 Environmental Protection Agency Fuel (daily, weekly, monthly, yearly, etc.), majority of focus group participants Economy Label: Phase 3 Focus Groups, EPA420–R– 10–905, August 2010. (Contains visual depictions of and the fuel cost over a given distance were indifferent to the inclusion of each of the Phase III label series.) (cost per mile, 100 miles, 1000 miles, 151 Environmental Protection Agency Fuel 155 Environmental Protection Agency Fuel Economy Label: Phase 3 Focus Groups, EPA420–R– 153 Ibid. Economy Label: Expert Panel Report, EPA420–R– 10–905, August 2010, p.12. 154 15,000 miles per year is the current annual 10–908, August 2010, p. 17. 152 Environmental Protection Agency Fuel mileage assumption used on all fuel economy labels 156 Environmental Protection Agency Fuel Economy Label: Expert Panel Report, EPA420–R– to estimate the annual fuel cost of operating a Economy Label: Literature Review, EPA420–R–10– 10–908, August 2010, p. 15–17. vehicle. 906, August 2010, p. 24.

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environmental impact information on highest and lowest emitting vehicles Phase 2 focus groups were devoted to the label and indicated they were not available.157 exploring what label information likely to visit a website for The expert panel, when shown the consumers believed was most important environmental information. However, labels designed by the agencies based on to display for advanced technology when presented with whole label focus group input, stated that they vehicles given the limited space designs in Phase 3 many respondents neither understood the environmental provided on the fuel economy label. The indicated that the environmental metric information presented nor found it focus group discussions were broken should be on the label, so that it is compelling. As described in Section into segments based on three different available for those who were interested. IV.B.4, the expert panel recommended vehicle technologies: EVs, extended range PHEVS, and blended PHEVs. In Phase 1, participants were developing an overall rating for Focus group discussions thus separated presented with four different vehicles, which could combine fuel economy and environmental impacts. the different technologies in order to environmental metric options and ascertain more accurately what approaches to displaying environmental The expert panel noted that additional metrics (e.g., CO2 performance) could be information would be most useful to information, and were asked to rate the consumers to understand these new most understandable and least included in a less prominent position on the label for consumers interested in technologies. Phase 2 focus groups were understandable. Participants stated that tasked with ‘‘building’’ three different they understood the environmental more detailed environmental information. Expert panel participants labels, each for different advanced information in general, but did not also suggested that environmental technology vehicles and were given a understand what ‘‘grams of CO ’’ meant. 2 performance information could be made large number of metrics from which to The display featuring a rating for other available on a website and accessed choose the building blocks. Almost all emissions in stars and grams of CO 2 through the smartphone interactive (QR of the labels built by each focus group numerically was most frequently chosen ® Code ) featured on the label.158 included the following elements: (1) by Phase 1 participants to be the most The range that the vehicle could travel understandable. Participants generally 2. Effective Metrics and Ratings Systems while depleting a full battery, the charge favored presentations that showed for Advanced Technology Vehicles depleting operation; (2) the length of information in a simple format, though How should labels for advanced time it takes to charge the battery; (3) there was no consensus on which technology vehicles portray information the cost of charging the battery, and if format achieved this. In general Phase 1 about fuel economy, fuel cost, operating in two separate fuel modes, and 2 focus group findings indicate that greenhouse gas, and other emissions for the cost associated with each mode of we must keep environmental consumers in a way that is most operation; and (4) an environmental 161 information simple if we want understandable and useful to them? metric. When asked to identify the consumers to pay any attention to this two most important pieces of In addition to the issues discussed information on a label. An overall information on the label, participants above for conveying information said, regardless of the city, gender, or environmental rating was most generally on labels, advanced technology discussed, that information favorably received with the general technology vehicles that operate on on the range an advanced technology reaction being that EPA was trusted to fuels which differ from conventional vehicle can travel on a fully charged decide how to combine environmental gasoline and diesel fuel require new battery and the length of time is takes impacts into a single rating. strategies to communicate and display to charge the battery were the most Phase 1 focus groups were also asked fuel economy information effectively.159 important information they needed to if they recognized and knew what the Through the research program, we have in order to seriously consider ‘‘SmartWay’’ logo meant. None of the explored potential approaches to purchasing these type of vehicle. participants recognized the logo. communicating useful fuel economy, The expert panel’s label However, when probed, most cost, and environmental information recommendations did not differentiate ascertained that it was an EPA about electric vehicles and several between conventional and advanced designation of some sort. While some variations of plug-in hybrid electric technology vehicles. The participants indicated the logo may vehicles. As discussed further below, recommendations they made for the confer credibility to an environmentally the research probed consumers to conventional vehicle label would apply friendly vehicle, none indicated they identify what specific information they to the advanced technology vehicle would be less likely to purchase a would need if they were to seriously label as well. vehicle without the logo. consider purchasing an advanced a. Range In Phase 3 focus groups the agencies technology vehicle and what information would be most helpful on sought to examine further how Focus group participants stated that an advanced technology fuel economy environmental information might be for any vehicle that operates, even just label.160 displayed most effectively. Several part of the time, on electricity, it is permutations of graphical rating systems important for them to know the distance 157 were shown to participants. These See Environmental Protection Agency Fuel the vehicle can travel on a fully charged Economy Label: Phase 3 Focus Groups, EPA420–R– battery. Participants saw this as vital to included designs in which ‘‘greenhouse 10–905, August 2010, p. 39–40 for a detailed gases’’ and ‘‘other air pollutants’’ were description of the metrics examined. their understanding of the vehicle’s fuel displayed as one combined 158 Environmental Protection Agency Fuel economy. While Phase 2 focus groups environmental rating or separately. Economy Label: Expert Panel Report, EPA420–R– expressed interest in seeing the range 10–908, August 2010, p. 15–17. Rating scales were examined that were displayed for both city and highway 159 See Section III.B. and III.C. for a discussion of values, when Phase 3 participants were based on relative values, such as a ‘‘5 the challenges that advanced technology and other leaf’’ rating system as well as a linear non-traditional vehicles present for consumers presented with full labels, no one asked when making vehicle purchase decisions. scale that had the vehicle’s absolute CO2 160 Environmental Protection Agency Fuel 161 Environmental Protection Agency Fuel value identified on a scale that had end- Economy Label: Phase 2 Focus Groups, EPA420–R– Economy Label: Phase 2 Focus Groups, EPA420–R– points identifying the approximate 10–904, August 2010. 10–904, August 2010. Appendix K.

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for the range to be broken down by city However, in Phase 2, with the exception were shown not only rating scales such and highway values. of one group, when given the option, all as a numerical or five stars system, but the groups elected to include also a slider scale similar to the bar that b. Fuel Cost environmental information on the label. exists on the current fuel economy label Across all advanced technologies, Of the designs provided many for within-class comparisons, both of participants were interested in battery participants selected a horizontal slider which the agencies believed would meet charging costs. There was a fairly even scale that ranked the vehicle’s impact as the statutory requirement to provide a split between cost per mile, annual cost the most understandable conveyance of rating system. The participants seem to and monthly cost values, regardless of environmental information. be split into two camps: Those that technology. For any vehicle with a Other displays of environmental prefer the analytical detail of the value gasoline-only mode of operation, metrics were examined in Phase 3. scale, and those that prefer the participants expressed a desire to see These displays included sliding scales simplicity of a star-type rating scale. the cost expressed annually. The groups segmented with relative rating systems For fuel economy and fuel also indicated that labels for any vehicle as well as those with absolute values. consumption, Phase 1 participants were that operated in a combined gas and Relative ratings such as stars or leaves shown two kinds of examples: One that electric mode should provide cost were also shown. Participants compared vehicles only within their information on an annual basis. In commented that they wanted something current fuel economy class, and one that Phase 3, when presented with annual that was quick and easy to read. Most showed both a within-class comparison fuel cost and monthly fuel cost options, focus group participants preferred and a comparison among all vehicles. many participants used the annual fuel something that was quick with little These comparisons were shown using cost when comparing across advanced detail while some wanted more detailed gallons per hundred mile values and technology vehicles. Some indicated information to help inform their miles per gallon values. The majority of that the monthly cost was useful for decisions. Based on this finding, the participants preferred the metric that these advanced technology vehicles. In agencies incorporated this approach showed the subject vehicle as it particular, people equated the electricity into the co-proposed label designs in compared to all vehicles and as it consumption to their monthly home attempt to find the right balance of compared to its fuel economy class in electricity statements. simple and detail information units of miles per gallon. In Phase 2 most focus group c. Fuel Consumption and Fuel Economy presentation. See section IV.B.1 for more comprehensive discussion of the participants said that they would like an For any advanced technology vehicle environmental information focus group effective way to compare among that operates in a gas-only mode, the findings. disparate vehicle technologies. Many Phase 2 focus groups indicated a strong settled on miles per gallon equivalent as desire to see fuel consumption 3. Effective Metrics To Enable Vehicle a comparative metric, but most did not expressed in miles per gallon. In any Comparison know what the equivalency was based vehicle that had an electric-only mode How can consumers compare vehicles upon. In Phase 3, when comparing of operation, the focus groups favored when they are shopping? advanced technology vehicles, most seeing the electric consumption Beyond the statutory requirement to participants either used the MPGe value information expressed in an MPG develop rating systems for fuel or the annual cost value to compare equivalent of ‘‘MPGs’’. (See Section II.B economy, GHGs, and other emissions, across vehicles. Some used the fuel for a detailed discussion of MPGe). The with designations of the ‘‘best’’ vehicles economy rating systems that were second most understandable metric of in terms of fuel economy and GHG provided. In general, the findings from electric-only operation was kilowatt- emissions, the agencies recognize that the focus groups established no clear hour per 100 miles, but many the labels need to be consumer-friendly preference or approach for how to participants felt strongly that kilowatt in terms of facilitating cross-vehicle and effectively communicate comparative hours are very unfamiliar and should cross-technology comparisons. If vehicle information that would be not be chosen as a metric. For the consumers first encounter advanced useful to most consumers. PHEVs with a blended mode (gas and technology vehicles on the dealer’s lot, The expert panel disagreed that the electric), focus groups were interested in and are not predisposed to buy one, a focus group generated labels could be seeing an MPGe that combined the label that effectively conveys the used effectively to compare across MPGe of electric operation and the MPG benefits of purchasing such a vehicle vehicle technologies— especially to the of gas operation. In any vehicle that through a clear and understandable level of information found on the could operate in more than one mode of rating system will be helpful in advanced technology labels, which they operation, such as an EREV or PHEV, informing consumers and potentially described as ‘‘scary’’ and ‘‘unfriendly.’’ participants were interested in seeing educating consumers about the benefits They were clear to point out, however, fuel consumption values for each mode of these vehicles. Through the research that their issues were with the label of operation, although some were program, the agencies also investigated design, and that they were not rejecting interested in seeing a consumption how the fuel economy labels might be the information contained on the label. value for the two modes expressed in designed so that consumers could easily The expert panel stated that there are MPGe 162 in addition to displaying the compare the fuel economy, costs, and inherent differences in reviewing labels separate consumption information. environmental impacts across a range of in a focus group compared to on a d. Environmental Information vehicle technologies—from dealership lot, where you have, on conventional gasoline and diesel average, very short viewing time. The Focus group participants did not vehicles to electric and plug-in hybrid expert panel suggested that processing independently identify the need to have vehicles. this amount of information quickly environmental information on the label. Focus groups also provided feedback would be challenging, which could lead about various metrics which were many consumers to tune out the label 162 Participants were given this option using existing utility factor data as the method for intended to help a consumer compare a completely. As mentioned above, the combing the two modes of operation. See Section vehicle to other vehicles, as required by panel recommended that the agencies VI.B for a discussion about utility factors. statute. In Phases 1 and 3, participants roll up fuel economy, environmental

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impacts and cost information into a viewing the draft labels developed narrowed their search based on vehicle single easily understood letter/grade through the focus groups, was that these cargo space, for others it was sedans, approach that will be intuitive for most labels would be daunting for most and for others it was SUVs and consumers. The grade could be used consumers to process, making them minivans. across all technologies providing inclined to ‘‘tune out’’ even the most According to the pre-focus group consumers easy comparative basic information. Their strongest online survey and the focus groups information. The expert panel allowed recommendation: Keep it simple.163 themselves, a majority of the that the more complicated information participants indicated that price/ 5. Tools Beyond the Label could be made available in the bottom affordability was one of the top five half of the label but argued that it would What purchase process do consumers factors that influenced their vehicle be crucial to retain a simple compelling currently use to make new vehicle choice. Other key factors that influenced comparison in the top portion of the purchasing decisions? Given this participants’ vehicle choice included label. The panel also suggested process, when are the most effective gas mileage/fuel economy, safety, including a comparative metric that opportunities to communicate fuel reliability, size, interior and exterior shows the potential savings from buying economy and environmental appearance, comfort, brand name and a more fuel efficient vehicle, as saving information? performance. The agencies also money historically has been a very a. Vehicle Purchase Process reviewed existing literature on the strong motivator for consumers. factors that influence vehicle choice. The vehicle purchase process is For example, a 2009 survey of people 4. Effective Whole Label Designs complex and iterative. There may be between the ages of 18 and 30 How should the new labels be many opportunities to inform (‘‘Generation Y’’) found gas mileage to be designed to meet the statutory consumers about the fuel economy and the top factor indicated by participants requirements while best raising environmental impact of the vehicles as critical to vehicle purchasing consumers’ understanding of fuel they are considering. Although much of decisions, followed by affordability/ efficiency, fuel cost and environmental this proposal focuses on the actual fuel price.165 Both demographic and impact? economy label, the agencies recognize psychographic factors (e.g., ‘what a In addition to the examination of that consumers seek out fuel economy vehicle says about me’) also play a role individual label elements described and environmental information at other in the vehicle purchase process.166 above, consumer research designed by times in the purchase process beyond At present however, environmental EPA and NHTSA investigated the effects simply viewing the fuel economy label impacts are not top purchasing of various whole label designs on on vehicles during visits to dealerships. considerations for most consumers. consumer comprehension and In order to determine the most effective Focus group participants indicated that utilization, in order to test whether the means to provide fuel economy and environmental impacts were not a labels would still be useful when all of environmental information to consideration in the type of the vehicle the elements were put together. This consumers, the agencies sought to better they purchase. Only a small fraction of inquiry is important because there is understand when and how consumers the participants in the pre-group online only so much space that information encounter or search for this type of survey considered ‘‘low emissions’’ to be can occupy both on the label and in the information in their vehicle purchase key factor when making a vehicle consumer’s mind when standing on the decision-making process. purchase decision. This finding is also dealer’s lot and confronted with so Information on this vehicle buying supported by the literature review. much other information. In order to process was obtained in an on-line Consumer research indicates that provide sufficient information while survey of focus group participants prior although consumers have a growing ensuring that it remains understandable to the actual focus groups. In addition, interest in purchasing ‘‘greener’’ for the greatest number of consumers, a at the start of each session, participants vehicles, environmental impact is not balancing act is inevitable. The were asked to discuss their purchase sufficient by itself for most consumers consumer research attempted to assess process so we could better understand to be willing to pay a premium.167 how best the balance could be struck, as the nuances associated with the Another important aspect of the discussed further below in Section III. responses we had received through the vehicle purchase process is how The expert panel offered very strong on-line survey. The pre-group online consumers research vehicles. Two- opinions on what, given their survey indicated that a majority of thirds of the respondents to the pre- experience, would make a label effective respondents already had a vehicle type focus group online survey reported they in engaging the public. They strongly in mind when they began the process. had researched fuel economy prior to recommended that the top portion of the Consumers appear to narrow the buying their vehicle. Based on the label contain only one element—a spectrum from all available vehicles to available choices in the pre-focus group ‘‘grade’’ that would combine as many of the vehicle type or types they will survey, respondents reported gathering our required metrics as possible. This research depending on their specific fuel economy information from information should be big, bold, and needs and interests. In general, the focus manufacturer Web sites, Consumer easy to process while walking around a groups used broad categories to describe Reports, auto dealers, vehicle search dealership. The label space under the vehicle groupings, such as SUVs, websites, automobile magazines, others grade would be reserved for the specific minivans, sport cars, trucks, economy information required in the statute or cars, and midsize cars.164 For example, 165 Deloitte. ‘‘Connecting with Gen Y: Making the deemed important in focus groups and short list,’’ 2010, p.2. Available at http:// some focus group respondents said they www.deloitte.com/assets/Dcom-UnitedStates/ other market research. When the panel Local%20Assets/Documents/us_automotive_ was presented with label designs that 163 Environmental Protection Agency Fuel Deloitte%20Automotive% had multiple metrics, explanatory text, Economy Label: Expert Panel Report, EPA420–R– 20Gen%20Y%20Executive%20Summary_0107.pdf and graphical icons, with no one 10–908, August 2010, p. 15–17. (last accessed August 13, 2010). 164 These categories are not necessarily related to 166 Environmental Protection Agency Fuel element standing out, they felt that the the current 14 EPA-designated classes of vehicles. Economy Label: Literature Review, EPA420–R–10– labels were confusing and intimidating. Vehicle classes are described in 40 CFR 600.315– 906, August 2010, p. 30–39. The expert panel’s consensus view, after 08. 167 Ibid., p. 8.

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with similar vehicles, government available, under EISA, Congress requires additional tools we could provide to websites, television advertisements, and NHTSA, in consultation with EPA and increase consumer comprehension the Fuel Economy label itself. The DOE, to develop a consumer education about complex advanced technology literature review found that consumers program to improve consumer vehicles and automobile performance increasingly research fuel economy understanding of automobile related to fuel economy and emissions. information online. For example, traffic performance with regard to fuel We are proposing that this campaign on the DOE and EPA Web site http:// economy, greenhouse gas and other potentially include both traditional www.fueleconomy.gov increased from emissions. marketing mechanisms, such as 400,000 user sessions in 1999 to more While this campaign is still in its very brochures, public service than 30 million in 2008.168 Other early stages and is not the subject of this advertisements, media placements, and Internet sources used to research rulemaking, it will be investigating dealership-distributed checklists, along vehicles during the purchase process modifications to existing tools, new with more innovative approaches, include consumer-to-consumer tools collaborations for information which may include crowdsourcing with such as blogs and Web forums.169 dissemination and, potentially, new social media, interactive web site Another finding from the literature forms of media utilization in displays at dealerships that would allow review is that consumers are likely to be communicating the relationship of consumers to ‘‘personalize’’ their fuel closer to purchasing a vehicle by the automobile performance to fuel economy label, smartphone time they visit the dealership than they economy and emissions. Particularly applications. In addition, per the were in the past.170 This highlights the given the changes to the label that we recommendation of the expert panel, we value of educational tools beyond the anticipate will result from this are proposing to develop a Web site that label to provide consumers with rulemaking, introducing consumers to would be launched in conjunction with information on a vehicle’s fuel economy the new information available to them the new label. This consumer-focused, and environmental impact. Online tools and how it can be used as they consider user friendly Web site would provide may be particularly important. In their next vehicle purchase will be very more specific information on the label, addition to the Internet being a source important. along with access to the tools, of information for consumers, online Since the vehicle purchase process is applications, social media, and sales of cars have been steadily multifaceted, EPA and NHTSA would materials mentioned above. increasing in the U.S. in recent years like to better understand how various All messages and materials will be (although they still represent a small information tools beyond the label can tailored according to the method of percentage of total car sales).171 provide critical fuel economy communication and the target audience. EPA is requesting comment on effective b. Consumer Education information to consumers. EPA and NHTSA especially seek to understand messaging, materials, and methods of As described above, the vehicle what additional types of consumer communication. purchase decision is not based entirely information and tools are most V. Implementation of the New Label on the fuel economy label information, important and what level of but is complex and iterative, and individualized information is needed by A. Timing messages presented in contexts beyond consumers in the future. As previously noted, the agencies are the label may be even more helpful in There are a variety of existing proposing that the new label getting consumers the information they education campaigns and resources to requirements initially take effect with need about fuel economy, fuel cost, help enable consumers to make more the 2012 model year. This regulatory GHGs, and other emissions. Several fuel efficient and environmentally action is scheduled to be finalized in resources maintained by EPA and DOE friendly transportation choices. These late December of 2010 or January of are already available to help consumers include the Federal Highway 2011 with a final rule effective 30 days obtain information about comparative Administration’s initiative ‘‘It All Adds after publication. This timing is similar vehicle fuel economy and 175 Up to Cleaner Air,’’ the ‘‘Cleaner Cars to what was provided in the 2006 label environmental information, including for Maine’’ 176 program, and the ‘‘Drive 179 172 rule. http://www.fueleconomy.gov, the Smarter Challenge’’ campaign.177 Brief 173 Model year 2012 vehicles can be Fuel Economy Guide, and the Green descriptions of these and other 174 introduced as early as January 2011, and Vehicle Guide. In addition to the education campaigns are available in in fact EPA has already heard from at information sources and tools already the literature review report.178 Such least one manufacturer that plans such campaigns may inform the agencies’ an early introduction, Given that this 168 Greene, D.L., Gibson, R., and Hopson, J., development of educational tools to regulatory action is not scheduled to be ‘‘Reducing Oil Use and CO2 Emissions by Informing Consumers’ Fuel Economy Decisions: The Role for help consumers make more informed finalized until December of 2010 or Clean Cities,’’ prepared by Oak Ridge National vehicle purchasing decisions. January of 2011 and that it is possible, Laboratory, Oak Ridge, TN, August 2009, p. 1. The agencies request comment on based on when the final rule is Available at http://www1.eere.energy.gov/ cleancities/pdfs/fuel_economy_strat_paper.pdf (last ideas for the most effective means to published in the Federal Register for accessed August 13, 2010). educate consumers about the new the effective date of the new regulations 169 Environmental Protection Agency Fuel elements and metrics being proposed on to be a date in March of 2011 it is clear Economy Label: Literature Review, EPA420–R–10– the label. In addition, EPA and NHTSA that not all 2012 model year vehicles 906, August 2010, p. 23. request specific comment on what can be captured by the proposed 170 Ibid., p.18–19. 171 Deloitte. ‘‘A new era: Accelerating toward regulations. There may also be cases 2020—An automotive industry transformed,’’ 2009, 175 See http://www.italladdsup.gov (last accessed where a manufacturer prints label p. 12. Available at http://www.deloitte.com/assets/ August 13, 2010). ‘‘blanks’’ early in the model year, even Dcom-India/Local%20Assets/Documents/ 176 See http://www.maine.gov/dep/air/lev4me/ if they plan to introduce vehicles in the A%20New%20Era%20- index.html (last accessed August 13, 2010). %20Auto%20Transformation%20 177 See http://drivesmarterchallenge.org/ (last more typical time frame of late summer Report_Online.pdf (last accessed August 13, 2010). accessed August 13, 2010). and early fall. Although the proposed 172 http://www.fueleconomy.gov/. 178 Environmental Protection Agency Fuel 173 http://www.fueleconomy.gov/feg/feg2000.htm. Economy Label: Literature Review, EPA420–R–10– 179 See 40 CFR 600.301–08 and 71 FR 77879 174 http://www.epa.gov/greenvehicles/Index.do. 906, August 2010. (December 27, 2006).

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regulations do not presume anything any manufacturer of such vehicles that VI. Additional Related EPA Proposals regarding the date of finalization of the will be introduced prior to the 2012 A. Electric and Plug-In Hybrid Electric new label and only specify applicability model year to use one of the co- Vehicle Test Procedures to the 2012 model year, we expect that proposed labels, or an alternative label the final rule will have to take these that meets EPA’s approval. For example, 1. Electric Vehicles issues into account. EPA could evaluate whether a There currently is no federal test The final rule will likely specify a manufacturer could use a table that procedure for measuring fuel economy date of applicability of the new compares various metrics (e.g., fuel for electric vehicles. EPA has regulations that is some date certain economy (mpg), electricity consumed periodically performed fuel economy after publication of the final rule that (kWh), miles per gallon equivalent testing for electric vehicles utilizing test would allow manufacturers adequate (mpg-e), and total energy cost) for procedures and protocols developed by time to plan for and implement the new different mileages the vehicle is driven the Society of Automotive Engineers designs. We believe that a date on the between a full charge of the battery. (SAE), specifically J1634. Manufacturers order of 30 days after publication would This approach would provide the most may continue to use SAEJ1634 test be appropriate, where vehicles complete amount of information for the protocols, as cancelled in October 2002 produced after that date would have to vehicle’s performance as a function of until EPA can comment on a reissued use the new label format. We would of distance travelled. The broad range of SAE1634 that is in draft, with the course encourage the voluntary use of metrics could also make it easier for the the new label to the greatest extent exception of not using the C coefficient consumer to understand the energy adjustment in paragraph 4.4.2. The C possible from the date of signature to consumption of the vehicle. The down the specified effective date. The coefficient adjustment was intended to side to including a table is that it agencies request comments on the reflect air conditioning loads. Air provides a lot of information and could appropriate timeframe for implementing conditioning usage is not considered in be potentially confusing for some ´ these new label requirements. CAFE testing and is accounted for via The agencies recognize that some of consumers. the 5-cycle or derived 5-cycle equations the potential changes in label design, Manufacturers intending to introduce for labeling. Until recently, there have including color graphics that would be an advanced technology vehicle as a been very few electric vehicles sold in printed at production run-time and 2011 model year vehicle should meet the U.S. market. The few exceptions, differing footprints that necessitate with EPA to discuss the details of actual such as the EV1 from redesign of the overall Monroney label implementation. For example, EPA (GM), were only made available to a may impact the amount of lead time would discuss with the manufacturer select few customers for a limited time. required by manufacturers. While we the fact that the label format and As such, there was not a pressing need believe that it is extremely important for information may only be used for the for an electric vehicle test procedure. the final label changes to take effect as 2011 model year and may change for However, with the imminent release of soon as possible, we seek comment on 2012 depending on the outcome of the several new battery electric vehicles these specific potential lead time issues. final label regulations. EPA would also from manufacturers such as Ford and To introduce the new label and discuss in conjunction with the Federal Nissan, the need for a Federal test ensure that the public understands the Trade Commission (FTC) what aspects procedure for measuring fuel economy new information and format, the of the label information could be or fuel consumption for electric vehicles agencies plan to conduct extensive advertised and would also discuss with is apparent. public outreach concurrent with the the manufacturer the details of specific Fuel economy estimates are measured for ‘‘city’’ and ‘‘highway’’ operation. Prior implementation of a final rule. We will test values used, such as mile per gallon to the 2008 model year, all vehicles provide information about the new label equivalent, kW-hr per 100 miles, were fuel economy tested over just two and how to use it via web-based blended mode operation for a PHEV, test cycles: The Federal Test Procedure information, fact sheets, and other etc. communication methods. This (FTP or ‘‘city’’ test) and the Highway information will be designed to explain C. Implementation of Label Content Fuel Economy Test (HFET or ‘‘highway’’ all aspects of the new label. test). In December, 2006, EPA published Although much of the information revisions to improve the calculation of B. Labels for 2011 Model Year presented on the label is determined fuel economy estimates to better reflect Advanced Technology Vehicles from test data specific to the labeled real world fuel economy The new fuel economy label will vehicle or can be codified in the performance.181 These revisions address advanced technology vehicles, regulations, there are elements that will included three additional chassis such as EVs and PHEVs, which some require annual (or in some cases, dynamometer test cycles to the current manufacturers are planning to introduce possibly less frequent) information FTP and HFET for fuel economy testing into the U.S. market prior to the 2012 provided by EPA. This is no different purposes. The three additional cycles model year. EPA issued regulations in from today’s label and the annual were the US06, SC03, and the Cold 2009 that provided EPA discretion to guidance letter published by EPA that Temperature FTP. Prior to the 2008 authorize appropriate changes to the includes the fuel economy ranges for model year, all three test cycles were current fuel economy label with each class of automobile, the fuel price used for emissions purposes for either individual manufacturers, specifically information to be used to calculate the Supplemental Federal Test with respect to advanced technology.180 costs, and other relevant information. Procedure (SFTP) emissions standards These regulations are applicable until This information will have to continue (US06 and SC03) or the cold this rule is finalized. to be provided by EPA on an annual temperature (20 °F) emission standards. To address labels for advanced basis, but the new ratings proposed for Beginning in the 2008 model year, all technology vehicles introduced before the new labels will also require that vehicles tested for fuel economy this rule is finalized; EPA may allow EPA provide annually the range of fuel labeling purposes had to use the new ‘‘5- economy of all vehicles as well as the 180 74 FR 61537, Nov 25, 2009. range of CO2 emissions of all vehicles. 181 71 FR 77931, Dec. 27, 2006.

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cycle’’ fuel economy methodology 10 minute or other longer soaks, the Finally, the raw electricity consumption which either required testing all vehicle should have the hood closed is calculated by dividing the recharge vehicles over the five test cycles and the cooling fans shut off. AC watt-hours by the distance traveled discussed above or apply an equivalent If an electric vehicle cannot reach the before the end of the test criteria is 5-cycle correction referred to as the FTP top speed, then the test will reached. derived MPG- based approach. For terminate once the vehicle speeds b. HFET or ‘‘Highway’’ Test alternative fueled vehicles, including cannot be maintained within 2 mph as electric vehicles, manufacturers have described in 40 CFR 86.115–78 up to the Similar to the FTP test procedure, the the option for fuel economy testing to maximum speed. For low powered first step of the procedure is to test their vehicle over all five test cycles electric vehicles that cannot reach the determine the distance the vehicle or use a derived MPG-based approach FTP top speed, the vehicle top speed is operates before the battery becomes the maximum speed the vehicle reached fully discharged. This begins with the ‘‘ ’’ a. FTP or City Test during the first FTP. The Administrator preconditioning of the vehicle. Vehicle The procedure for testing and may approve alternate end of test preconditioning is to be conducted as measuring fuel economy and vehicle criteria. For low powered electric per 40 CFR part 86, section 132. driving range for electric vehicles is vehicles that by design cannot maintain Following preconditioning, the RESS similar to the process used by the the speed tolerances as expressed in 40 will be brought to full charge. The RESS average consumer to calculate the fuel CFR 86.115–78, low powered vehicles, will remain plugged into the electrical economy of their personal vehicle. The the vehicle will continue testing if the source for a minimum of 12 hours. The distance the vehicle can operate until vehicle is operated at maximum power. vehicle may remain plugged into the the battery is discharged to the point This provision is intended to apply electrical source up to 36 hours. where it can no longer provide uniformly throughout all the Dynamometer procedures will be sufficient propulsive energy to maintain consecutive FTP cycles. A vehicle that conducted pursuant to 40 CFR 600.111 the speed tolerances as expressed in 40 can maintain trace speed on the first with the exceptions that electric CFR 86.115–78 is measured and divided FTP cannot then be declared a low vehicles will run consecutive cycles of by the total amount of electrical energy powered vehicle for subsequent FTP the HFET until the end of test criteria necessary to fully recharge the battery, cycles. Upon reaching the end of test is reached. Subsequent HFET cycle similar to refueling the gas tank of a criteria, the distance driven shall be pairs may require up to 30 minutes of gasoline powered vehicle. recorded and the vehicle decelerated to soak time between HFET cycle pairs due The first step of the procedure is to a stop. The end of test criteria is when to facility limitations. Between cycle determine the distance the vehicle the vehicle can no longer maintain the pairs, the vehicle hood is to be closed operates before the battery becomes drive cycle per 40 CFR 86.115–78 or, for and the cooling fans shut off. Between discharged to the point where the a low powered EV, can no longer starts, the RESS is not to be charged. vehicle can no longer provide sufficient maintain the speed tolerances per 40 If an electric vehicle cannot reach the propulsive energy to maintain the speed CFR 86.115–78 up to the vehicle HFET top speed, then the test will tolerances as expressed in 40 CFR maximum speed as defined above. terminate once the vehicle speeds 86.115–78. This begins with the Similarly, low powered vehicles that cannot be maintained, up to the preconditioning of the vehicle. The cannot maintain the drive cycle due to maximum speed. For low powered electric vehicle is preconditioned per 40 insufficient acceleration will use the electric vehicles that cannot reach the CFR part 86, section 132. Following trace driven on first UDDS as the HFET top speed, the vehicle top speed preconditioning, the Rechargeable tolerance for end of test. is the maximum speed the vehicle Energy Storage System (RESS) will be The final stage of the electric vehicle reached during the first HFET. The brought to full charge. The RESS will test procedure is the measurement of the Administrator may approve alternate remain plugged into the electrical electrical energy used to operate the end of test criteria. For low powered source for a minimum of 12 hours. For vehicle. The end of test recharging electric vehicles that by design cannot the FTP or city test cycles, the chassis procedure is intended to return the maintain the speed tolerances as dynamometer procedures will be RESS to the full charge equivalent of the expressed in 40 CFR 86.115–78, the conducted pursuant to 40 CFR 86.135 pre test conditions. The recharging vehicle will continue testing if the with the exception that the vehicle will procedure must start within three hours vehicle is operated at maximum power. run consecutive test cycles until the after completing the EV testing. The This provision is intended to apply vehicle is unable to maintain the FTP vehicle will remain on charge for a uniformly throughout all the speed tolerances as expressed in 40 CFR minimum of 12 hours to a maximum of consecutive HFET cycles. Similarly, low 86.115–78. To clarify, an FTP 36 hours. After reaching full charge and powered vehicles that cannot maintain historically consisted of two Urban the minimum soak time of 12 hours has the drive cycle due to insufficient Dynamometer Driving Schedules. The been reached, the manufacturer may acceleration will use the trace driven on FTP was later shortened to one full physically disconnect the RESS from first UDDS as the tolerance for end of UDDS and only the first bag or phase of the grid. The alternating current (AC) test. A vehicle that can maintain trace the second UDDS. The second phase of watt-hours must be recorded throughout speed on the first HFET cannot then be the second UDDS was considered just a the charge time. It is important that the declared a low powered vehicle for repeat of the second phase of the first vehicle soak conditions must not be proceeding HFET cycles. UDDS. In the context of electric violated. The measured AC watt-hours Similar to the FTP test procedure, the vehicles, an FTP is two full consecutive must include the efficiency of the final stage of the HFET test procedure is UDDS’s. The second UDDS of any FTP charger system. The measured AC watt the measurement of the electrical energy cycle will be started 10 minutes after the hours are intended to reflect all used to operate the vehicle. The end of cold start as per § 86.135. Subsequent applicable electricity consumption test recharging procedure is intended to FTP cycles may require up to 30 including charger losses, battery and return the RESS to the full charge minutes between starts due to test vehicle conditioning during the equivalent of the pre test conditions. facility limitations. Between starts, the recharge and soak, and the electricity The recharging procedure must start RESS is not to be charged. During the consumption during the drive cycles. within three hours after completing the

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EV testing. The vehicle will remain on range requires new test provisions to purposes of certification compliance, charge for a minimum of 12 hours to a address vehicle setup and prep, EPA will consider charge sustain maximum of 36 hours. After reaching measuring and charging the RESS, operation as worse case. EPA may full charge and the minimum soak time operation over repetitive test cycles, and confirmatory test or request the of 12 hours has been reached, the calculating any new values that are now manufacturer to provide test data for manufacturer may physically measured over repetitive test cycle. any test cycle at any state of charge. disconnect the RESS from the grid. The As described above, charge sustaining Evaluation of fuel economy testing alternating current (AC) watt-hours operation can best be described as emissions may be used to change worse must be recorded throughout the charge conventional hybrid operation. EPA case emissions assumptions. time. It is important that the vehicle would continue to use existing hybrid electric vehicle test procedures. The b. PHEV Test Procedure and soak conditions must not be violated. Calculations The measured AC watt-hours must primary differences between HEV and include the efficiency of the charger other conventional vehicle testing are The EPA proposes to incorporate by system. The measured AC watt hours the need to monitor RESS state of charge reference SAEJ1711, in part, for PHEV are intended to reflect all applicable and the extra drive time required to test procedures. electricity consumption including insure vehicle warm operation during Charge Depleting Operation—FTP or charger losses, battery and vehicle the Federal Test Procedure. The RESS is ‘‘City’’ Test and HFET or ‘‘Highway’’ Test conditioning during the recharge and measured and subject to the state of The EPA proposes to incorporate by soak, and the electricity consumption charge tolerances, below, to insure all reference SAEJ1711 chapters 3 and 4 for during the drive cycles. Finally, the raw energy is accurately accounted. The fully warm operation is satisfied by definitions and test procedures, electricity consumption is calculated by respectively, where appropriate, with dividing the recharge AC watt-hours by running a full 4 phase Ftp instead of the abbreviated 3 phase Ftp as traditionally the following exceptions and the distance traveled before the end of clarifications. UF weighting is not the test criteria is reached. used for conventional vehicle testing. For the purposes of fuel economy intended for use with criteria pollutants. c. Other EV Test Procedures label testing, PHEVs would be subject to Test cycles will continue until the end of the phase in which charge The Administrator may approve or the same test cycles as other light duty sustain operation is confirmed. Charge require equivalent or additional EV test vehicles with a few exceptions. While sustain operation is confirmed when procedures including incorporating via operating in charge depleting mode, a one or more phases or cycles satisfy the reference SAEJ1634 published after this PHEV is using electricity originally from Net Energy Change requirements below. notice. an off board source. This is to say that a PHEV is operating at least partially on EPA seeks comment on manufacturers 2. Plug-in Hybrid Electric Vehicles an alternative fuel while operating in optionally terminating charge deplete a. PHEV Test Procedure Rationale charge depleting mode. For the testing before charge sustain operation purposes of fuel economy, PHEVs could is confirmed with state of charge Test procedures for plug-in hybrid continue to use the derived 5-cycle provided that the RESS has a higher electric vehicles (PHEV) are required to adjustment while in charge depleting SOC at charge deplete testing quantify some operation unique to plug- mode. The derived 5-cycle adjustment termination than in charge sustain in hybrids. The intent in developing would be applied to the total city and operation. In the case of Plug In Hybrid new PHEV test procedures is to use total highway fuel economies Electric Vehicles with an all electric existing test cycles and test procedures separately. For the purposes of applying range, engine start time will be recorded where applicable. PHEV operation can the 5-cycle correction, the total fuel but the test does not necessarily be generally classified into two modes economies in charge depleting mode terminate with engine start. PHEVs with of operation, charge depleting and include both of the fuels consumed, all electric operation follow the same charge sustaining operation. Charge typically gas and electricity, as test termination criteria as blended depleting operation can be described as expressed in a miles per gallon of mode PHEVs. Testing can only be vehicle operation where the gasoline equivalent unit. The 5-cycle terminated at the end of a test cycle. The rechargeable energy storage system correction is to be applied to the Administrator may approve alternate (RESS), commonly batteries, is being combined energy of each mode of end of test criteria. depleted of its ‘‘wall’’ charge. Charge operation even if the energy For the purposes of charge depleting sustaining operation can best be consumption is ultimately fuel specific. CO2 and fuel economy testing, described as conventional hybrid Applying a correction to the gasoline manufacturers may elect to report one operation. and electricity consumption separately measurement per phase (one bag per New procedures for charge depleting could lead to a smaller adjustment than UDDS). Exhaust emissions need not be operation would consist of existing test other vehicles since the 5-cycle reported or measured in phases the cycles repeated until the PHEV RESS is correction is not linear. While in charge engine does not operate. depleted to charge sustaining operation. sustain mode, PHEVs would be subject End of test recharging procedure is Whereas in the past a conventional to the same test procedures as intended to return the RESS to a full vehicle would be expected to consume conventional hybrid electric vehicles. charge equivalent to pre test conditions. fuel and emit emissions over repetitive PHEVs must meet all applicable The recharge AC watt hours must be identical test cycles consistently, the emissions standards regardless of RESS recorded throughout the charge time. same cannot be said of PHEVs. PHEV state of charge. EPA will consider a Vehicle soak conditions must not be fuel consumption, fuel mix, and RESS as an adjustable parameter for the violated. The AC watt hours must emissions may change as the RESS is sake of emissions testing. It is the include the charger efficiency. The depleted. In order to accurately assess manufacturer’s responsibility to insure measured AC watt hours are intended to the emissions and fuel efficiency of a vehicles are emissions compliant. EPA reflect all applicable electricity PHEV, the PHEV requires testing over typically allows good engineering consumption including charger losses, the entire charge depleting range. judgment in applying worse case battery and vehicle conditioning during Testing over the entire charge depleting emission testing criteria. For the the recharge and soak, and the

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electricity consumption during the drive engine is not accounted for in the charge all or possibly only for CO2. This cycles. depleting mode, the RESS could be deep discussion on utility factor is required Net Energy Change Tolerance, NEC, is cycled beyond the CS SOC to gain range to understand the different PHEV label to be applied to the RESS to confirm while the increase in CO2 emissions due formats within this proposal. charge sustaining operation. The EPA is to the RESS regeneration would not be As discussed previously, PHEVs can proposing to adopt the 1% of fuel captured in the charge sustaining use two types of energy sources: (1) An energy NEC state of charge criteria as testing. onboard battery charged by plugging the expressed in SAEJ1711. The Calculation of RCDA will require vehicle into the electrical grid possibly Administrator may approve alternate monitoring the RESS SOC throughout via a conventional wall outlet to power NEC tolerances and state of charge charge depleting testing. The RCDA for an electric motor, as well as (2) a gas or correction factors if the 1% criteria is each cycle would be the driven cycle diesel-powered engine to propel the insufficient or inappropriate. distance from start of CD testing until vehicle or power a generator used to Preconditioning special procedures the charge sustaining SOC is ‘‘crossed’’. provide electricity to the electric motor. are optional for traditional ‘‘warm’’ test The EPA is proposing to incorporate by Depending on how these vehicles are cycles that are now required to test reference the SAEJ1711 calculation for operated, they can use electricity starting at full RESS charge due to Actual Charge Depleting Range. exclusively, never use electricity and charge depleting range testing. If the operate like a conventional hybrid, or c. Other Test Cycles vehicle is equipped with a charge operate in some combination of these sustain switch, the preconditioning PHEV and Electric vehicle testing two modes. This can make it difficult to cycle may be conducted per 600.111 over the SC03, US06, or Cold CO test estimate fuel economy, fuel provided that the RESS is not charged. cycles would follow the same general consumption, annual cost, or CO2 Exhaust emissions are not taken in procedure as the FTP and HFED. EPA emissions from these vehicles. preconditioning drives. Alternate would consider the use of alternate or The EPA has worked closely with vehicle warm up strategies may be equivalent PHEV test procedures and stakeholders including vehicle approved by the Administrator. This may incorporate by reference SAEJ1711. manufacturers, the Society of will allow a method for starting ‘‘warm’’ d. Test Tolerances Automotive Engineers (SAE), the State test cycles with a fully charged battery. of California, the Department of Energy State of Charge tolerance correction (DOE), and others to develop an Hybrid Charge Sustaining Operation— factors may be approved by the approach for estimating fuel economy, FTP or ‘‘City’’ Test and HFET or Administrator. RESS state of charge fuel consumption, cost, CO2 emission, ‘‘Highway’’ Test tolerances beyond the 1% of fuel energy or any other metric for vehicles that can The EPA proposes to incorporate by may be approved by the Administrator. operate using more than one energy reference SAEJ1711 chapters 3 and 4 for e. Mileage and Service Accumulation source. EPA believes the appropriate definitions and test procedures. The method for combining the operation of EPA proposes to adopt the 1% of fuel The EPA is seeking comment on vehicles that can operate with more energy NEC state of charge criteria as modifying the minimum and maximum than one fuel would be a weighted expressed in SAEJ1711. The allowable test vehicle accumulated average of the appropriate metric for the Administrator may approve alternate mileage for both EVs and PHEVs. Due to two modes of operation. A methodology NEC tolerances and state of charge the nature of PHEV and EV operation, developed by SAE and DOE to predict correction factors if the 1% criteria is testing may require many more vehicle the fractions of total distance driven in insufficient or inappropriate. miles than conventional vehicles. each mode of operation (electricity and Preconditioning special procedures Furthermore, EVs and PHEVs either do gas) uses a term known as a utility factor are optional for traditional ‘‘warm’’ test not have engines or may use the engine (UF). UF’s were developed using data cycles that are now required to test for only a fraction of the miles driven. from the 2001 Department of starting at full RESS charge due to f. Test Fuels Transportation ‘‘National Household charge depleting range testing. If the Travel Survey’’. A detailed method of Electric Vehicles and PHEVs are to be vehicle is equipped with a charge UF development can be found in the recharged using the supplied sustain switch, the preconditioning Society of Automotive Engineers (SAE) manufacturer method provided that the cycle may be conducted per 600.111 J2841 ‘‘Utility Factor Definitions for methods are available to consumers. provided that the RESS is not charged. Plug-In Hybrid Electric Vehicles Using This method could include the Exhaust emissions are not taken in Travel Survey Data’’. At the time of this electricity service requirements such as preconditioning drives. Alternate proposal, SAEJ2841 was in the process service amperage, voltage, and phase. vehicle warm up strategies may be of balloting prior to publishing. SAE Manufacturers may employ the use of approved by the Administrator. reference documents can be obtained at voltage regulators in order to reduce test http://www.SAE.org. By using a utility Charge Depleting Range Determination to test variability with prior factor, it is possible to determine a Administrator approval. Actual Charge Depleting Range (RCDA) weighted average of the electric and will be a calculated value that uses the B. Utility Factors gasoline modes. For example, a UF of charge sustaining state of charge of the 0.8 would indicate that an all-electric 1. Utility Factor Background RESS to define the RCDA endpoint. Due capable PHEV operates in an all electric to the nature of PHEVs, RCDA will Utility Factors are a method of mode 80% of the time and uses the require calculation and is not combining CO2 emissions, fuel engine the other 20% of the time. In this necessarily when the engine first starts. consumption, or other metrics from example, the weighted average fuel Defining RCDA using only engine on multiple modes of operation into one economy value would be influenced could leave PHEVs with three modes of value. The extent to which utility more by the electrical operation than the operation. These three modes would be factors are used on a fuel economy label engine operation. charge depletion, charge regeneration, is completely dependent upon label For the purposes of PHEVs, UF and charge sustaining. If the format. That is to say, some PHEV label development makes several regeneration of the RESS from the formats may not require utility factors at assumptions. Assumptions include: the

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first mode of operation is always electric phase or test cycle. For electricity, a factors for urban and highway driving. assist or all electric drive, vehicles will carbon dioxide equivalent may be used The following section explains the EPA be charged once per day, and that future as determined by the Administrator. proposal of assigning a utility factor to Ycs is the charge sustain carbon dioxide mass PHEV drivers will follow drive patterns emissions and for hybrids in the case of each successive phase or test cycle exhibited by the drivers in the surveys the FTP can be expressed as Ycs= 0.43* performed in charge depleting or used in SAEJ2841. EPA acknowledges Yc + 0.57* YH., where Yc is the charge ‘‘PHEV’’ mode. that current understanding of the above sustain cold start test and YH is the Utility factors can be assigned to each assumptions and that the data upon charge sustain hot start mass emissions mode of operation according to the which utility factors were developed of carbon dioxide. distance driven in each mode for a given may change. Therefore, EPA may UFi is the driving cycle and sequentially change the calculation of future utility specific utility factor. powertrain combination. Rather than factors in light of new data in a future Likewise, the electrical consumption calculating a unique UF for each cycle rulemaking. would be expressed by adding the based on measured distance driven, electricity consumption from each UF’s will be assigned to each successive 2. General Application of Utility Factors mode. Since there is no electrical phase of consecutive Urban While acknowledging the consumption in hybrid mode, or charge Dynamometer Driving Schedules, and assumptions above, a UF could be sustain mode, the equation for each successive Highway Fuel Economy assigned to each successive test or phase electricity consumption would be as Driving schedule of consecutive HFEDs. of testing until the battery charge was follows: Composite city and composite highway depleted to the point where the PHEV CO2 emissions will first be calculated sole source of power was from the Equation VI.B.2-2 using test results and UFs from the gasoline or . One minus the respective cycles. Final combined i sum of all the utility factors would then EUFE=∑ ()× values will then be an averaged 55% represent the fraction of driving mii1 city and 45% highway value. The performed in this ‘‘gasoline or diesel Where Em is the utility factor averaged proposed cycle specific utility factors mode.’’ Carbon dioxide emissions could electricity consumption, Ei is the electricity for UDDS or ‘‘city’’ driving are provided then be expressed as: consumption proportioned to each in Table VI.B.2–1 and the proposed successive drive cycle, and UFi is the driving cycle and sequentially specific utility factor. cycle specific utility factors for HFEDS Equation VI.B.2-1 or ‘‘highway’’ driving are provided in 3. Calculating Combined Values Using Table VI.B.2–2. The method used to =×i +− i × Cycle Specific Utility Factors develop cycle specific utility factors can YUFYUFYmiii∑ ()(1 ∑ ) CS 1 1 Utility factors could be cycle specific be found in SAEJ2841. EPA seeks Where: not only due to different battery ranges comment on using utility factors other on different test cycles but also due to than the fleet 55/45 city/highway Ym is the Utility Factor averaged mass of carbon dioxide for a specific drive cycle. the fact that ‘‘highway’’ type driving may specific utility factors for labeling and Yi are the CO2 mass emissions or CO2 imply longer trips than urban driving. compliance. Finally, example CO2 equivalent mass emissions for each This would lead to different utility calculations are provided below.

TABLE VI.B.2–1—FTP PHASE SPECIFIC UTILITY FACTORS

Urban driving, ‘‘city’’ Phase Distance, Cumulative Seq. UF mi UF

1 ...... 3 .59 0.125 0.125 2 ...... 7 .45 0.243 0.118 3 ...... 11 .04 0.340 0.096 4 ...... 14 .9 0.431 0.091 5 ...... 18 .49 0.505 0.074 6 ...... 22 .35 0.575 0.070 7 ...... 25 .94 0.632 0.057 8 ...... 29 .8 0.685 0.054 9 ...... 33 .39 0.729 0.044 10 ...... 37 .25 0.770 0.041 11 ...... 40 .84 0.803 0.033 12 ...... 44 .7 0.834 0.031 13 ...... 48 .29 0.859 0.025 14 ...... 52 .15 0.882 0.023 15 ...... 55 .74 0.900 0.018 16 ...... 59 .6 0.917 0.017

TABLE VI.B.2–2—HFED CYCLE SPECIFIC UTILITY FACTORS

Highway driving HFEDS Distance, Cumulative mi UF Seq. UF

1 ...... 10.3 0.125 0.125 2 ...... 20.6 0.252 0.127

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TABLE VI.B.2–2—HFED CYCLE SPECIFIC UTILITY FACTORS—Continued

Highway driving HFEDS Distance, Cumulative mi UF Seq. UF

3 ...... 30.9 0.378 0.126 4 ...... 41.2 0.500 0.121 5 ...... 51.5 0.610 0.111 6 ...... 61.8 0.707 0.097 7 ...... 72.1 0.787 0.080

Example CO2 Calculations over four consecutive UDDS to quantify to represent charge sustaining or A PHEV was tested with the following charge depleting or ‘‘PHEV’’ mode and ‘‘hybrid’’ mode. results. The example PHEV operated ran the required bag hybrid UDDS test

TABLE VI.B.2–3—CHARGE DEPLETING EXAMPLE CO2 EMISSIONS

Cycle g/mi CO g Dc integrated Proportioned W Measured UF Whr/mi UDDS Bag miles CO2 2 amp hrs hrs distance, mi

1 ...... 1 3.59 50.0 180.5 4 705 .88 3.61 0.125 195.5 1 ...... 2 7.45 35.0 134.8 3.8 670 .59 3.85 0.118 174.2 2 ...... 3 11.04 30.0 107.4 3.7 652 .94 3.58 0.096 182.4 2 ...... 4 14.9 37.0 143.2 3.5 617 .65 3.87 0.091 159.6 3 ...... 5 18.49 55.7 198.3 2 352.94 3.56 0.074 99.1 3 ...... 6 22.35 232.5 902.2 0 0 3.88 0.07 0.0 4 ...... 7 25.94 249.2 877.3 0 0 3.52 0.057 0.0 4 ...... 8 29.8 230.0 897.0 0 0 3.90 0.054 0.0

TABLE VI.B.2–4—CHARGE SUSTAINING EXAMPLE CO2 EMISSIONS

Measured UDDS Bag Cycle miles CO2 g/mi CO2 g distance, mi

1 ...... 1 3 .59 251.4 910 3.62 1 ...... 2 7 .45 233.8 900 3.85 2 ...... 3 11.04 251.4 890 3.54 2 ...... 4 14.9 228.1 885 3.88

Applying the above data for the calculated by summing the two values, fueled vehicles, both CAFE´ and CO2 example PHEV to the General UF given a CO2 equivalency for electricity. fleet calculations would use the cycle formula in Equation VI.B.2–1 using For example, if the Watt hour CO2 specific fleet utility factors. For the Table VI.B.2–1 will yield the City CO2 equivalent was 0.26g CO2 per Watt hour, purposes of a possible label fuel value. Ym=50 CO2 g/mi x 0.125 + 35 the total CO2 emissions could then be economy, a fleet average is not the aim, CO2 g/mi x 0.118 + 30g CO2 g/mi + expressed as the sum of the CO2 and but rather what the average driver 0.096 + 37g CO2 g/mi x 0.091 + 55.7 CO2 CO2-equivalent emissions from both would likely experience or expect. For g/mi x 0.074 + 232.5 CO2 g/mi + 0.070 modes of operation. From the example this reason, the EPA is proposing the + 249.2 CO2 g/mi x 0.057 + 230 CO2 g/ above, the overall CO2 emissions would ¥ use of the cycle specific Multiday mi x 0.054 + (1 (0.125 + 0.118 + 0.096 be 139 gCO2 per mile + (84.4 W hr/mi) Individual Utility Factors. The + 0.091 + 0.074 + 0.070 + 0.057 + 0.054) 22gCO2equiv per mile = 161g CO2 per individual utility factors do not weight x (Ycs). Where Ycs = 0.43 x (910 + 900)/ mile. vehicle miles traveled towards the (3.62 + 3.85) + 0.57 x (890 + 885)/(3.54 Utility factors can also be used to longer trips like fleet utility factors. For + 3.88) = 241g CO g/mi. The total CO 2 2 calculate a miles per gallon equivalent a detailed explanation on utility factor g/mi, Ym, excluding any electricity CO2 measurement similar to the CO2 development see SAEJ2841. equivalence would then be 139 g/mi. example above. Additional assumptions To determine electricity consumption are required, however, when applying Similar to determining a total CO2 one would apply utility factors in a utility factors to a Corporate Average emissions value for PHEVs, calculating similar fashion using equation VI.B.2–2 Fuel Economy and possibly a fuel a miles per gallon total for PHEVs will and Table VI.B.2–1. Em= 195.5 W hr/mi economy labeling miles per gallon of require an electricity to gasoline x 0.125 + 174.2 W hr/mi x 0.118 + 182.4 gasoline equivalent measure. conversion. This miles per gallon W hr/mi + 0.096 + 159.6 W hr/mi x Previously, when calculating PHEV equivalent of gasoline would be ´ 0.091 + 99.1 W hr/mi x 0.074 = 84.4 W CO2 emissions, the CO2 emissions were calculated differently for CAFE and hr/mi part of a manufacturer fleet average. The label. For a FE label number, EPA The combined CO2 from engine same is true of Corporate Average Fuel would use a miles per gallon of gasoline operation and the CO2 from the Economy. CAFE is a fleet average. equivalent energy factor for electricity of electrical consumption could be Except where explicitly noted for dual

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33,705 watt hours per gallon.182 This If the PHEV met the dual fuel range driven in calculating cycle specific same gasoline equivalency would be minimums for electricity a Petroleum utility factors. The coefficients used in used for CAFE´ calculation, if the PHEV Equivalency Factor would be used determining UF shall be as follows in did not meet the minimum distance instead of the gasoline equivalent table VI.B.2–5 requirements of a dual fueled vehicle.183 energy factor. For a PHEV without fuel In the case of PHEVs with diesel fired accessories, the PEF would be TABLE VI.B.2–5—CITY/HIGHWAY SPE- engines, EPA proposes to similarly 82,049 watt hours per gallon of gasoline. CIFIC UTILITY FACTOR COEFFICIENTS require calculation of a miles per gallon For details on PEF and gasoline equivalent for battery operation, but equivalent energy content see 10 CFR City Hwy specifying instead to rely on a 474.3. Using the procedure for conversion using the energy content of calculating a dual fueled vehicle FE for Norm_dist ...... 399 399 diesel fuel. We propose to specify an CAFE´ the fuel economy of both modes C1 ...... 14.86 4.80 energy content of 36,700 Watt hours per of operation would be harmonically C2 ...... 2.97 13.00 ¥ ¥ gallon of diesel fuel. This is based on averaged 50/50 and a utility factor C3 ...... 84 .05 65.00 184 C4 ...... 153.70 120.00 the approximately 9 percent higher would not be necessary. ¥ ¥ energy density for diesel fuel relative to C5 ...... 43 .59 100.00 4. Low Powered Vehicles ¥ gasoline. We request comment on this C6 ...... 96 .94 31.00 C7 ...... 14.47 ...... approach to calculating fuel economy Vehicles using the low powered C8 ...... 91.70 ...... values for diesel-fueled hybrid electric vehicle provision in 40 CFR 86.115– C9 ...... ¥46 .36 ...... vehicles. 78(b)(4) shall use the actual distance

Equation VI.B.2-5 ⎡ ⎤ ⎛ k ⎛⎛ ⎞ j ⎞⎞ n ⎢ ⎜ di ⎟⎥ UF=−1 e ∑⎜⎜ ⎟ ×C ⎟ − ∑UF − i ⎢ ⎜ ⎜⎝ ⎠ j ⎟⎟⎟⎥ i 1 ⎣ ⎝ j=1⎝ ND ⎠⎠⎦ i=1

Where ND is the normalized distance were non-controversial changes that GVWR, SUVs between 8,500 and 10,000 (399), j is the coefficient index, k is the were generally seen as a move to keep pounds GVWR are defined as medium- number of coefficients for city (9) and for the class structure as current as possible duty passenger vehicles, and they will highway (6), C are the coefficients listed in be subject to fuel economy labeling Table VI.B.2–5, d is distance driven in each given the changing vehicle market. The cycle or phase, i is a counter representing resulting structure is one that contains starting with the 2011 model year. EPA each cycle or phase, and n is the number of nine car categories, five truck categories, requests comment on whether this is an cycles or phases needed to reach the end-of- and a ‘‘special purpose vehicle’’ appropriate way to distinguish the SUV test criterion. category. It should also be noted that the classes. The calculated cycle specific utility EPA-defined vehicle classes are used Although EPA received many factors for low powered vehicles would only to provide consumer information comments on the 2006 rule regarding be applied in the same manner as about fuel economy and serve no other the class structure, some of its inherent paragraph B.3, except that the utility regulatory purpose. problems, and how people may or may factors would be calculated based on EPA is proposing one modification to not shop within classes, there were no measured distance and not assigned the class categories. Consistent with the specific suggestions on how to revise based on phase or cycle distance. distinction currently made between the structure to resolve the issues that small and large pickup trucks, EPA is were raised. We believe that with the C. Comparable Class Categories proposing to divide the SUV class into refinement to the SUV category we are EPCA requires that the label include small and large SUVs. We do not believe proposing, the comparable class the range of fuel economy of comparable that it is appropriate, for example, to structure would generally represent the vehicles of all manufacturers.185 EPA’s include a Toyota RAV4 in the same physical distinctions between vehicle comparable class structure provides a class as a Toyota Sequoia, or a Ford types offered in the fleet today. basis for comparing a vehicle’s fuel Escape in the same class as a Ford However, there may be other economy to that of other vehicles in its Expedition. The single SUV category distinctions between vehicles not class.186 The definitions of vehicle currently described in the regulations captured in these categories, such as the classes were last revised by EPA’s 2006 would be replaced by the two following luxury vehicle segment. The DOE/EPA labeling final rule. That action finalized proposed categories: Web site (http://www.fueleconomy.gov) two specific changes to the vehicle class • Small sport utility vehicles: Sport incorporates vehicle cost into the sedan structure. Separate new classes were utility vehicles with a gross vehicle category, for example, dividing sedans added for sport utility vehicles (SUVs) weight rating less than 6,000 pounds. into ‘‘family,’’ ‘‘upscale,’’ and ‘‘luxury.’’ and minivans (these were previously • Standard sport utility vehicles: EPA requests comment on incorporating included in the Special Purpose Vehicle Sport utility vehicles with a gross such an approach into the comparable category), and the weight limit for Small vehicle weight rating of 6,000 pounds class categories, and specifically, how it Pickup Trucks was increased from 4,500 up to 10,000 pounds. might be done given the changing pounds gross vehicle weight rating Although the standard nature of vehicles and vehicle prices. (GVWR) to 6,000 pounds GVWR. These class only goes up to 8,500 pounds We welcome interested parties to

182 65 FR 36990, June 12, 2000. 184 49 U.S.C. 32905(b). 186 40 CFR 600.315–08. 183 49 U.S.C. 32901(c) and 49 CFR 538.5 185 49 U.S.C. 32908(b)(1)(C). Minimum Driving Range.

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continue working with EPA in the smartphone to vehicle-specific free for nearly every type of mobile future on how to ensure that the information while providing additional device. Once equipped with the correct comparable classes are kept current tools for making vehicle comparisons, scanning application, consumers can with the dynamic vehicle fleet. If it learning more about the vehicle, etc.) point and scan to instantly connect to becomes necessary in the future to Many focus group participants information they actually want, versus further modify the comparable class expressed excitement and interest in the information pushed to them. structure, EPA would do so through a prospects of being able to access For example, scanning the proposed rulemaking. EPA requests general information in this way using their code would link the phone’s web comments on the proposed mobile devices, and EPA believes it is browser to the mobile version of the modifications to comparable classes, a potentially useful and valuable tool for DOE/EPA Web site. At that point the and also welcomes comments on other consumers. user could view additional information possible ways to classify vehicles for QR Codes, like other two-dimensional about the efficiency and environmental comparison purposes. Comments bar codes, are simply used to store impacts of the vehicle, with available should address how the classifications information. QR Codes were originally options such as creating customized will be useful for the consumer who is developed for use in tracking parts in estimates based on the user’s personal comparison shopping. vehicle manufacturing, and are now driving habits and distances. The user being used for other purposes, such as could also look up other vehicles and D. Using Smartphone QR Codes® To storing a Web site URL into an encoded compare those to the vehicle they are Link to Fuel Economy Information graphic that can be scanned. These viewing. For all the label designs being codes—the use of which is growing in EPA is proposing that the considered, EPA is proposing that popularity in the U.S.—are two- manufacturer place one of two QR manufacturers place a QR Code on the dimensional black and white codes (like Codes on the fuel economy label. These label that will link the web browser of a bar code) that eliminate the need to QR Codes would be determined based a properly configured smartphone to the type a Web link into a mobile phone (an on an international standard that would mobile version of the EPA/DOE fuel action that can be cumbersome and that be incorporated by reference in the economy information Web site, or many mobile users might prefer regulations.188 The default option alternatively, to the vehicle-specific avoiding). Reading a QR Code requires would be to insert the QR Code that information located on the EPA/DOE that scanning software be installed on would take the user’s web browser to Web site.187 (Note that although the the mobile phone. Many smartphone the mobile version of the DOE/EPA fuel proposed Label 1 design incorporates a manufacturers have begun to pre-install economy information Web site. The QR different Web site URL, the intent QR Code readers, but for those that do Code for this site, including the text that would remain the same: to use the QR not, the readers are very easy to EPA proposes accompanies it, would Code to directly link the users download, and many are available for look like this:

Alternatively and preferably, the resolve any potential implementation labeling requirements by placing the manufacturer would use the QR Code issues prior to the 2012 model year. fuel economy information on the label that represents the URL where required by AIDA, a practice that has E. Fuel Economy Information in the information for the specific labeled been used by most manufacturers. See context of the ‘‘Monroney’’ Sticker vehicle is available. However, this 49 U.S.C. 32908(b)(2). In fact, EPA would depend upon resolving some As noted in Section VIII, the regulations express a specific preference specific data issues. For example, the Automobile Information Disclosure Act that manufacturers do this, ‘‘provided manufacturer would have to know the (AIDA) requires the affixing of a retail that the prominence and legibility of the vehicle-specific URL at the time the price sticker to the windshield or side fuel economy label is maintained.’’ See label is printed. This could require that window of new automobiles indicating 40 CFR 600.306–08(c). EPA issue more frequent updates to the the Manufacturer’s Suggested Retail In the third phase of focus groups we web site throughout the year, or that Price of the vehicle and other required had participants consider the placement EPA assign a vehicle identification vehicle information. AIDA is more of the fuel economy on the Monroney parameter early in the process. It may be commonly known as the Monroney Act label, and whether participants had a the case that even if the vehicle is not (Senator Mike Monroney was the chief specific preference for where to locate yet included on the DOE/EPA Web site sponsor of AIDA) or Price Sticker Act. the fuel economy information. Although that a URL, and thus a QR Code, could See 15 U.S.C. 1231–1233. This sticker is participants expressed a variety of ‘‘ ’’ be easily assigned or determined. EPA is commonly called the Monroney label. opinions, a slight preference emerged EPCA states that EPA ‘‘may allow’’ a confident that we can work with DOE to for displaying the fuel economy manufacturer to comply with the EPCA

187 The term QR Code is a registered trademark widespread use. For more information, see http:// technology—automatic identification and data of Denso Wave Incorporated, which owns the www.denso-wave.com/en/adcd/index.html. capture techniques—QR Code 2005 bar code patent rights to the QR Code. However, the patent 188 International Organization for symbology specification, August 31, 2006. right is not exercised, allowing the specification of Standardization, ISO/IEC 18004:2006, Information the QR Code to be disclosed and open for

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information in the upper right portion of the new fuel economy and from all five test cycles at certification the Monroney label. environmental label to help ensure that to perform an evaluation that The agencies recognize that EPCA the star safety ratings do not get ‘‘lost’’ determines whether the test group can does not require that the fuel economy on the Monroney Label. Similarly, the use the derived 5-cycle method or information be on the Monroney label, agencies seek comment on whether their whether they must complete full 5-cycle and that there are instances when auto regulations for the new fuel economy testing. The reason for exempting these manufacturers may want to display the and environmental label should require vehicles is that the evaluation required fuel economy information separately that it be located as close as physically at certification requires the use of all 5 (e.g., if window space is limited on a possible to the star safety ratings. cycles as run for emissions certification, small vehicle and/or the Monroney label Another way of addressing this but these categories are not subject to size needs to be reduced). EPA does not potential issue is by re-visiting the the SFTP requirements, and thus such intend to preclude the option of placing minimum size requirements for the vehicles do not perform two of the five the new label in any appropriate and safety rating label and the font of 190 test procedures (the US06 high speed/ prominent location on the vehicle. information on it. In a final rule acceleration test and the SC03 air implementing the requirement in the However, the agencies request comment conditioning test). Thus when EPA Safe, Accountable, Flexible, Efficient on whether we should require that the finalized the 2006 label rule we Transportation Equity Act: A Legacy for fuel economy information be placed in recognized that these categories would Users (SAFETEA–LU) for placing safety a specific location on the Monroney not have the data required to perform rating information on the Monroney label (such as the upper right corner, or the certification evaluation, and we on the right side) as a condition of vehicle price label, the agency interpreted that Act’s specification of a decided to exempt them from five cycle allowing the information to be included testing. However, this same exemption on that label.189 Although consumer minimum size for the label as indicating should have been applied to ICIs. Like preference for a specific location on the the agency did not have any discretion the vehicle categories noted above, Monroney was vague, the agencies regarding minimum size, instead of vehicles imported by ICIs are not believe that consumers would be able to interpreting the specification as merely required to perform the SFTP emission locate the new label information on the establishing a floor on the discretion of tests, and thus also won’t have the vehicle more easily if it appeared in a the agency to specify a minimum size. necessary data to perform the 5-cycle consistent location within the In comments made in response to a certification evaluation. Therefore, we Monroney sticker. subsequent proposal191 to place an The agencies also seek comment overall safety rating on the safety rating are proposing to extend the allowance to concerning the potential for the new label, the Advocates for Highway and use the derived 5-cycle method to ICIs. label information to create confusion Auto Safety questioned that Third, we are taking steps to further about other information found on the interpretation. In a recent meeting with clean up the regulatory language. This Monroney Label, in particular, the star Bosch, representatives of that company involves removing several sections that safety ratings. Specifically, the agencies also questioned that interpretation. In apply only for model years before 2008 seek comment on whether consumers light of the issues in this rulemaking and moving or combining several of the might interpret the large letter grade on and those questions, the agency is re- remaining sections to provide a clearer Label 1 as applying to other aspects of examining that interpretation. organization. We are also being more the vehicle’s performance (such as F. Miscellaneous Amendments and careful with regulatory references safety) besides fuel economy and Corrections pointing to other sections within 40 CFR environmental impacts. To mitigate this part 600 and to sections in 40 CFR part concern, the agencies have created a EPA is also proposing a number of 86. This largely addresses the concern prominent black border and title non-controversial amendments and that regulatory sections numbered for indicating the purpose of the corrections to the existing regulations. certain model years can cause references information. Nevertheless the agencies First, we are making a number of to be incorrect or misleading over time. seek comment on whether additional corrections to the recently finalized We are proposing to rely on the measures should be required under regulations for controlling automobile rounding convention as specified for greenhouse gas emissions.192 These 32908(b) and (g) to address this engine testing in 40 CFR part 1065. changes include correcting potential confusion. Similarly, we are proposing to rely on typographical errors, correcting some The agencies also seek comment on the hearing procedures specified in 40 regulatory references, and adding some whether the co-proposed labels, in CFR part 1068. These changes allow us particular Label 1 with its use of color simple clarifications. Second, we are correcting an to centralize provisions that have and large font for the overall letter general applicability to support our grade, might inadvertently distract oversight from the 2006 labeling rule regarding the applicability of testing effort to have a consistent approach consumers from the black-and-white across programs. The proposed star safety ratings. As one way of requirements to independent commercial importers (ICIs). Currently regulations also include a streamlined addressing this potential issue, NHTSA set of references to outside standards proposes to require under 49 CFR several vehicle categories (dedicated alternative fuel, dual fuel while (such as SAE standards). For the final 575.301 that the star safety ratings be rule, we also intend to include the most located as close as physically possible to operating on alternative fuel, and MDPVs) are exempted from having to recent updates for the ASTM standards perform full 5-cycle fuel economy we reference in part 600. We are not 189 Based on 49 U.S.C. 32908(b)(2), EPA currently intending to make any substantive conditions placement of the fuel economy label in testing. These categories are allowed to the Monroney label on a general requirement that use the ‘‘derived 5-cycle’’ method, changes to the regulatory provisions the prominence and legibility of the label be whereas other vehicles must use data affected by these administrative changes maintained. EPA is inviting comment on expanding and are not reopening the rule for any the conditions for placement in the Monroney label 190 of those provisions. Nevertheless, we through addition of more specific requirements 71 FR 53572, 53576, September 12, 2006. related to the location of the fuel economy label in 191 75 FR 10740, March 9, 2010. request comment on these changes and the Monroney label. 192 75 FR 25324, May 7, 2010. on any further steps that would be

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appropriate for maintaining clear and vehicles. Startup costs are treated as In 2004 the Federal Trade concise regulatory provisions. capital costs, and are amortized over ten Commission promulgated a rule years at 7% interest. Startup costs for VII. Projected Impacts of the Proposed requiring ‘‘alternative fueled vehicles’’ to this rule include some one-time graphic Requirements include a consumer label indicating design work for each manufacturer their estimated cruising ranges (69 FR Vehicle manufacturers have been subject to the rule and updating 26926, April 9, 2004; 16 CFR part 309, required to provide fuel economy labels information systems and testing subpart C). The covered vehicles on vehicles since 1977. The costs and equipment for those manufacturers include EVs but not plug-in hybrid benefits of label revisions would be subject to new testing. As an aid to the electric vehicles (PHEVs). Estimated those associated with changes to the analysis and to help articulate the range current label, not the costs and benefits cruising range for an EV is the range of uncertainty, we include both low and determined according to SAE J1634 (16 associated with production of the label high cost estimates for each of these cost CFR 309.22(a)(2)). Consequently, EV itself. The change in cost from this and labor hour elements. The cost manufacturers selling vehicles in the proposed rule comes in the physical estimates are $649,000 per year for the revisions to the label itself and the low estimate, and $2.8 million per year United States have already been subject possible efficiencies achieved by for the high estimate. For details of this to the same SAE J1634 testing meeting EPCA and EISA labeling analysis, see the ‘‘Draft Supporting requirements allowed in this requirements in one label, as well as Statement for Information Collection rulemaking for several years. However, proposed modified vehicle testing Request, Fuel Economy Labeling of for purposes of the analysis below we procedures, and any revisions of Motor Vehicles (Proposed Rule),’’ in the treat the costs of compliance for currently provided information that docket.193 manufacturers subject to the proposed consumers find useful in informing rule as new costs in order to insure that their purchase decisions. The benefits of 1. Operations and Maintenance Costs they are fully considered in this the rule come from providing labels for and Labor Hours rulemaking, mass-market advanced technology a. New Testing Requirements for vehicles for the first time, and from any The salient feature of SAE J1634 for Electric Vehicles and Plug-In Hybrid cost purposes is that it requires, similar improvements in the effectiveness of Electric Vehicles labels for conventional vehicles in to a conventional vehicle, the Federal providing accurate and useful consumer i. Testing Requirements for Electric Test Procedure (FTP or City Test), information on fuel consumption and Vehicles preceded by vehicle preparation; this is environmental performance. As explained in Section VI of this followed by the Highway Test (HFET). Preamble, EPA currently has no federal The off-cycle tests (USO6, SCO3, cold A. Costs Associated With This Rule test procedure for measuring fuel FTP) are optional under EPA’s proposal. Testing requirements for vehicles are economy for electric vehicles (EVs). To Furthermore, cruising range not new. Advanced technology and date, EPA has performed some fuel determination requires that the FTP be alternative fuel vehicles have been economy testing connected with repeated until the battery system is no required to undergo testing certification applications for electric longer able to maintain the FTP speed requirements in the past. For advanced vehicles using the procedures tolerances; the FTP in question is the technology vehicles, though, the test developed by the Society of Automotive full four-phase FTP, repeated as cold procedures have not previously been Engineers (SAE), specifically SAE J1634, and hot start ‘‘UDDS’’ or ‘‘LA–4’’ cycles standardized; they have been handled as cancelled in October 2002. This until that point is reached. on a case-by-case basis. Because EPA proposal spells out EV testing expects more advanced technology requirements that are similar to SAE Preparation costs are estimated to be vehicles to come to market, we propose J1634, as cancelled in October 2002, and $3,163 and 30 hours per vehicle, per to codify testing procedures in a public allows continued use of that procedure. Information Collection Request (ICR) process and are requesting comment on In estimating the costs of this action, 0783.54 (OMB 2060–0104), the them. See section VI of this preamble. there is no clear baseline cost that certification ICR for conventional The testing costs described here manufacturers of EVs would have vehicles. Preparation includes several therefore are not really new costs for incurred in satisfying federal coast downs, a UDDS, and a soak manufacturers, since they would have to requirements, because existing fuel period. The low and high EV test test the vehicles even in the absence of economy measurements are entirely distances for FTP and HFET tests are this rule. The cost estimates are specified in terms of exhaust and estimated as 50 to 250 miles. For provided here because they have greenhouse gas emissions. For purposes purposes of this estimate, the cost of an previously not been presented, and EPA of the analysis, we assume these EV FTP/HFET pair is $1,860, allocated 70% seeks comment on the analysis of costs costs are entirely new costs rather than to the FTP and 30% to the HFET and presented here. increments to pre-existing costs. Here incremented either by 50 or 250 divided The analysis of the projected costs of and in the facility costs section, this also by 7.45 (the distance of a normal FTP), this rule follows conceptually the means we assume no carry-over or by 50 or 250 divided by 10.3 (the approach in the 2006 (‘‘five-cycle’’) fuel applications for EVs. Both these distance of the normal HFET). These economy labeling rule. Increased on- assumptions are more likely to lead to going operations and maintenance increases are applied to an estimated an overstatement of costs than an five to eight EV families in the years (O&M) costs and labor hours result from understatement. the costs of printing the labels and through MY2013. Labor hours, estimated at 30 hours per FTP/HFET increases in testing costs for electric 193 U.S. Environmental Protection Agency, Office vehicles (EVs) and plug-in hybrids of Transportation and Air Quality. ‘‘Draft pair, are allocated and incremented in a (PHEVs). We also allow for the costs of Supporting Statement for Information Collection similar manner. The bottom line is a Request, Fuel Economy Labeling of Motor Vehicles cost between $75,300 and $486,784, and increased facility capacity to (Proposed Rule), EPA ICR 2392.01.’’ Compliance accommodate the increased testing time and Innovative Strategies Division and Assessment 1,073 to 7,625 hours, per year for the EV involved for these two categories of and Standards Division, July, 2010. industry.

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ii. Testing Requirements for Plug-In considered to be continuations of a 4-by-6-inch label. Secondly, in 2006 Hybrid Electric Vehicles existing requirements. The cost Hewlett- estimated the per-page increment due to this proposal cost of color printing on its HP Color As explained in Section VI, the consequently derives entirely from the LaserJet 4700n printer as $0.09 per proposed EPA test procedure for PHEVs increased testing time in depleting letter-sized page, and black-and-white is an extension of the existing test mode. The duration of the depleting printing on a dedicated black-and-white procedure for hybrid vehicles. Off-cycle modes is estimated as 7.45 to 50 miles printer as $0.015, for a cost difference of tests are already required for test groups over the repeated 7.45 mile FTP or 10.3 195 ‘‘ ’’ $0.075 per page. that do not meet the litmus test; others mile HFET test cycles. These together, would use the derived five-cycle The existing fuel economy label applied to 5 to 8 families with no measures 4.5 by 7 inches, slightly larger adjustment. Hybrid vehicles already do carryovers, add an estimated $8,528 to than the CARB label but about 1⁄3 the FTP and HFET tests for fuel economy $80,564 in operation and maintenance determination. The new FTP procedure size of a standard page. For the cost (O&M) costs and 138 to 923 labor hours estimates developed here, the agencies would essentially run repeated FTPs to existing hybrid testing costs. until the charge is depleted. This is the consider a low estimate of $0.03 per ‘‘charge-depleting’’ operation, when the b. Printing Costs for New Labels label in additional printing costs (based vehicle is mainly running on its battery. The primary variable cost for the new on the CARB label, adjusted for size), The battery would then be recharged, label design is the difference in cost and a high estimate of $0.08 per label and a single additional four-phase FTP between black-and-white and color (based on the HP estimate, which may would be conducted in what is printing. To estimate this cost overestimate the cost based on page denominated as the ‘‘charge-sustain’’ difference, the agencies note two size). For the number of labels, we operation. Following this, the vehicle sources. First, in 2007 the California Air estimate the subject fleet from the April will be recharged, if necessary, by Resources Board (CARB) examined the 20, 2010, U.S. Department of running any appropriate test cycle effects of requiring an environmental Transportation’s Summary of Fuel 196 followed by HFET cycles in charge- label that included color printing. It Economy Performance, taking depleting operation, followed by a cycle estimated the combined capital and MY2009’s 9.83 million as the low and in charge-sustain operation. operating costs of color labels to be as MY2005’s 15.9 million as the high For purposes of this cost analysis, the low as $0.02 per vehicle for large estimate. This yields a new printing cost charge-sustain FTP and HFET cycles manufacturers;194 CARB expected of $294,690 to $1,274,634 per year. along with potential other cycles small-scale manufacturers to switch to The O&M costs and labor hours mandated by emissions and fuel pre-printed color labels at an discussed above can be summarized as economy testing requirements are incremental cost of $0.05 per label, for follows:

TABLE VII.A.1–1—TESTING COSTS [Labor and O&M costs for running the Tests]

Increase in number of tests Increase in hours Vehicle type/test cycle Min cost Max cost Min tests increase Max tests increase Min Max

EV: Prep ...... 5.0 $18,065 8.0 $28,904 150 240 FTP ...... 5.0 43,691 8.0 349,530 705 5,638 HFET ...... 5.0 13,544 8.0 108,350 218 1,748

EV Total ...... 75,300 ...... 486,784 1,073 7,625

PHEV: FTP ...... 5.0 6,510 8.0 50,563 105 705 HFET ...... 5.0 2,018 8.0 30,001 33 218

PHEV Total ...... 8,528 ...... 80,564 138 923

Total ...... 83,828 ...... 567,348 1,211 8,548

PRINTING COSTS

Number vehicles Min@$0.03 Number vehicles Max@$0.08

Color Labels ...... 9, 832,000 $294,690 15,932,920 $1,274,634

Total O&M ...... 378,518 ...... 1,841,981

194 State of California, Air Resources Board. ‘‘Staff 195 Hewlett-Packard, ‘‘Head to head comparison: 196 U.S. Department of Transportation, National Report: Initial Statement of Reasons for color versus black-and-white printing,’’ http:// Highway Traffic Safety Administration, ‘‘Summary Rulemaking: Proposed Amendments to the Smog www.officeproductnews.net/files/ of Fuel Economy Performance,’’ http:// Index Vehicle Emissions Label,’’ May 4, 2007, hpc2447wpcolorvsbwgov.pdf, (last accessed May 4, www.nhtsa.gov/staticfiles/rulemaking/pdf/cafe/ _ _ _ _ http://www.climatechange.ca.gov/publications/arb/ 2010). CAFE Performance Report April 2010.pdf, 2007–06–21_isor.pdf, (last accessed May 3, 2010). accessed June 17, 2010.

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2. Facility Costs capable of performing 750 FTP/HFET recharging times, have been harmonized pairs would cost $4 million. Here, the with existing test protocols. In addition to new equipment (treated new tests are deemed to require these Furthermore, consistent with other as a startup cost, below), the new testing facilities in proportion to the increases information burden analyses for the requirements for EVs and PHEVs will in in test time, and the costs are then emissions and fuel economy programs, theory require expanded testing annualized over ten years and amortized we consider these as ongoing rather facilities for those manufacturers at 7% interest compounded monthly. than startup costs (i.e., as the facilities choosing to produce and sell them in This assumption is more likely to depreciate they are continually being the U.S. Because the cost of new facility produce an overestimate of costs rather replaced), another conservative capacity is highly dependent on than an underestimate, since it does not assumption. Applying these costs to a manufacturer-specific factors (the costs attempt to account for the current excess low and high estimate of 5 to 8 EV of capital, the availability of land, the capacity that exists in manufacturers’ families and 5 to 8 PHEV families per structure of work shifts, the existing current test facilities. We assume that year yields an annualized facilities cost excess capacity, etc.), we use the there is no excess capacity in our between $25,278 and $210,779 per year. approximation of unitizing increased analysis. Note that other features of the Facility costs can be summarized as in test costs by assuming that a facility EV and PHEV test cycles, such as Table VII.A.2–1:

TABLE VII.A.2–1—INCREASE IN TEST FACILITIES

Undepreciated capital costs Minimum Maximum

EV test distance increase ...... $154,210 $1,233,683 PHEV test distance increase ...... 22,977 246,737

Total ...... 177,188 1,480,420

Amortized, 10yrs @ 7% ...... 25,278 210,779

3. Startup Costs not previously produced hybrid-electric location or size within the Monroney vehicles is assumed to need new testing label is required. This cost is applied to Startup costs are counted as one-time equipment costing $25,000 for an the universe of separate manufacturer costs that are amortized or discounted at ammeter and $50,000 for voltage entities subject to the rule. Many an interest rate of 7% over ten years. stabilizers; we estimate that 5–8 specific automotive brands are parts of a. Updating Information Systems and manufacturers will fall in this category. marketing groups or are owned and Testing Equipment b. Label Redesign managed by other, parent companies. Allowing for these relationships, the The estimate includes the cost of The proposed label designs are upgrading information systems for the best guess is that the rule would apply presented in Section III. The changes to 24 manufacturers and 11 independent estimated 8 to 10 manufacturers who being proposed in this rule would not commercial importers (ICIs) importing will need to comply with the new EV affect either the existence or size of the nonconforming vehicles into the U.S. and PHEV testing requirements, such as label. Auto companies currently have for sale. Applied to 35 companies, then, recording multiple tests, recording significant flexibility in whether fuel the label redesign cost is estimated to be battery charge data, and communicating economy label should be a stand-alone the resulting data to the information label or included in the ‘‘Monroney $56,000 to $84,000. system that gets it to EPA and the label. label’’ (which provides information on c. Annualized Startup Costs Both low and high estimates use 4 the price and options included for a weeks for four IT staff for analysis and specific vehicle), or where it is placed Total startup costs are between $1.2 code, and 4 weeks for two IT staff for on the Monroney label. The agencies are and $1.6 million. When annualized and testing, at $100 per hour, for each not proposing any changes to this subjected to 7% loan repayment/ manufacturer, resulting in an industry flexibility. The agencies estimate 16 to discounting, the startup costs total cost of $768,000 to $960,000. In 24 hours at $100 per hour for this work, $170,711 to $234,069 per year. These addition, each manufacturer who has assuming at this time that no specific are summarized in Table VII.A.3–1:

TABLE VII.A.3–1—STARTUP COSTS

Cost Item Minimum Maximum

Updating Information systems ...... $768,000 $960,000 Ammeter/stabilizer ...... 375,000 600,000 Label redesign ...... 56,000 84,000

Total ...... 1,199,000 1,644,000

Amortized, 10 years at 7% ...... 170,711 234,069

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4. Cost Summary year. Adding the cost of labor (estimated EPA and NHTSA request comment on Table VII.A.4–1 summarizes the costs to be $61.49 per hour overall) to the the costs estimates, including any presented here. The total costs of this above estimates brings the total cost to omitted costs and any other information rule, excluding labor, are estimated to $648,952 to $2,812,465. Note that regarding the costs of these be about $575,000 to $2,287,000 per startup capital is not budgeted as labor. requirements.

TABLE VII.A.4–1—TOTAL ANNUAL COST AND HOURS INCREASE

Min Max

COST BURDEN: O&M: Testing and label ...... $378,518 $1,841,981 Facility Capital ...... 25,278 210,779 Startup: one-time IT, label redesign, and reg familiarization, 10 yrs 7% ...... 170,711 234,069

Total ...... 574,507 2,286,829

HOURS BURDEN: O&M: Testing and label ...... 1,211 8,548 Facility Capital ...... 0 0

Total ...... 1,211 8,548

Labor Cost ...... 74,446 525,635

Total Costs, Including Labor ...... 648,952 2,812,465

B. Impact of Proposing One Label To consumer decisions resulting from the choosing a 1–MPG improvement in fuel Meet EPCA/EISA changes. These benefits are difficult to economy for a low-MPG vehicle than by As discussed in Section I.C., EPCA estimate. Doing so would require choosing a 1–MPG improvement for a and EISA create similar but not predictions of changes in consumer high-MPG vehicle. However, research identical requirements for labeling behavior as a result of the label on the ‘‘MPG illusion’’ finds that vehicles. EPA conducts a labeling modifications. The internet survey consumers expect a 1–MPG program under EPCA, and NHTSA is discussed in Section IV.A.2 is intended improvement to produce the same fuel required to conduct a labeling program to provide some insights into the savings regardless of the efficiency of a under EISA, in consultation with EPA. comprehensibility and usefulness of the vehicle.199 Thus, the tendency of While the agencies could require that labels, but the results are not available consumers to use MPG as a primary manufacturers produce two separate at this time. We caution that insights metric for fuel economy increases the labels to meet the requirements of the into comprehensibility and usefulness difficulty of estimating the fuel savings statutes, much of the information on the may be limited in predicting changes in resulting from increased fuel economy. two labels would be duplicative. In consumer behavior due to the proposed As a result, consumers may not be able addition, two different fuel economy label change. to find the most cost-effective amount of labels might confuse vehicle purchasers, Improved fuel economy reduces costs fuel economy for their driving habits. frustrating the purpose of providing fuel of driving a mile, but the technology to For gasoline vehicles, new metrics on economy information to purchasers. improve fuel economy may increase the the label, such as gallons per hundred Requiring that auto makers put two fuel cost of a vehicle. Evaluating this tradeoff miles, fuel savings over 5 years, or economy labels on vehicles would also requires comparing future fuel savings environmental metrics, may make it crowd the limited labeling space on based on expectations of future fuel easier for consumers to identify the fuel vehicles. For these reasons, EPA and prices and driving patterns with known savings they are likely to receive from NHTSA are proposing to combine both and immediate increases in vehicle a vehicle, and therefore to judge better the EPCA and the EISA requirements purchase price. Some evidence suggests between vehicles with different fuel into one label. that consumers may not accurately savings, costs, and environmental Because NHTSA’s labeling under compare future fuel savings with the up- impacts. EISA is a new requirement that has not front costs of fuel-saving technology Finding the most cost-effective previously been implemented, there is when buying vehicles.197 As a result, vehicle may be even more confusing no cost reduction associated with the consumers may buy less or more fuel- with the advent of advanced technology proposal to use a joint label. The use of saving technology than is financially vehicles such as EVs or PHEVs. Most the joint label avoids a cost increase that sensible for them to buy. This problem consumers are not accustomed to would result from two separate labels. may be compounded by the presence of shopping for vehicles that use energy EPA and NHTSA are not including this miles per gallon (MPG) as a primary sources other than gasoline. In addition, cost saving in the cost analysis because metric for fuel economy comparison.198 the cost effectiveness of different we believe that the benefits of As discussed in Section II.A.2, technologies depends on a person’s coordinating labeling requirements consumers can save much more fuel by driving patterns. A person with a short outweigh any possible disadvantages. commute may have lower per-mile costs 197 Turrentine, Thomas S., and Kenneth S. with a vehicle with some all-electric C. Benefits of Label Changes Kurani, ‘‘Car buyers and fuel economy?’’ Energy range, but someone with a long Policy 35 (2007): 1213–1223. The benefits of this rule would come 198 Larrick, Richard P., and Jack B. Soll, ‘‘The commute may have higher per-mile from improved provision of information MPG Illusion.’’ Science 320 (5883) (June 20, 2008): to vehicle buyers, and more informed 1593–94. 199 Ibid.

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costs or insufficient range with such a 2. Internal Revenue Code should be accompanied by the vehicle and may want to consider EPCA requires ‘‘Gas Guzzler’’ tax corresponding EPA figure. A general different technologies. For advanced information to be included on the fuel fuel economy claim would trigger technology vehicles, the label can help economy label, under 26 U.S.C. disclosure of the EPA city figure, vehicle shoppers to understand the new 4064(c)(1). The Internal Revenue code although the advertiser would be free to technologies, and it can present metrics contains the provisions governing the state the highway figure as well. The that allow consumers to make useful administration of the Gas Guzzler Tax. authority for the Fuel Guide is tied to comparisons across different vehicle It contains the table of applicable taxes the Federal Trade Commission Act (15 technologies. and defines which vehicles are subject U.S.C. 41–58) which, briefly stated, EPA and NHTSA request comment on to the taxes. The IRS code specifies that makes it illegal for one to engage in the benefits described here, and on any the fuel economy to be used to assess ‘‘unfair methods of competition in or additional benefits. the amount of tax will be the combined affecting commerce and unfair or city and highway fuel economy as deceptive acts or practices in or D. Summary determined by using the procedures in affecting commerce.’’ The primary benefits associated with place in 1975, or procedures that give 5. California Environmental this proposed rule are associated with comparable results (similar to EPCA’s Performance Label improved consumer decision-making requirements for determining CAFE for resulting from improved presentation of passenger automobiles). This proposal California requires each new and used information. At this time, EPA and would not impact these provisions. vehicle offered for sale in the state to affix a ‘‘Smog Index Number’’ and NHTSA do not have data to quantify 3. Clean Air Act ‘‘ ’’ these impacts. Global Warming Index decal to the car EPCA states that fuel economy tests window which indicates the pollution The primary costs associated with this shall, to the extent practicable, be standard that applies to that particular proposed rule come from revisions to carried out with the emissions tests car, and its exhaust emissions.205 This the fuel economy label and additional required under Section 206 of the Clean proposal would not impact California’s testing procedures. These costs are Air Act.202 EPA is not proposing regulations. The Global Warming index estimated to be $649,000–$2.8 million additional emissions tests. on California’s label includes emissions per year. 4. Federal Trade Commission Guide from fuel production (http://www. EPA and NHTSA request comment on Concerning Fuel Economy Advertising driveclean.ca.gov/images/ep_label_ this assessment of the benefits and for New Vehicles large.jpg). costs. In the mid-1970’s when EPCA was B. Statutory and Executive Order VIII. Agencies’ Statutory Authority and passed, the Federal Trade Commission Reviews (FTC) ‘‘took note of the dramatic Executive Order Reviews 1. Executive Order 12866: Regulatory increase in the number of fuel economy Planning and Review and DOT A. Relationship of EPA’s Proposed claims then being made and of the Regulatory Policies and Procedures Requirements With Other Statutes and proliferation of test procedures then (NHTSA Only) Regulations being used as the basis for such 1. Automobile Disclosure Act claims.’’ 203 They responded by Under Executive Order (EO) 12866 promulgating regulations in 16 CFR part (58 FR 51735, October 4, 1993), this The Automobile Information 259 entitled ‘‘Guide Concerning Fuel action is a ‘‘significant regulatory action’’ Disclosure Act (AIDA) requires the Economy Advertising for New Vehicles’’ because the action raises novel legal or affixing of a retail price sticker to the (‘‘Fuel Guide’’). The Fuel Guide, adopted policy issues. Accordingly, EPA and windshield or side window of new in 1975 and subsequently revised twice, NHTSA submitted this action to the automobiles indicating the provides guidance to automobile Office of Management and Budget Manufacturer’s Suggested Retail Price, manufacturers to prevent deceptive (OMB) for review under E.O. 12866 and 200 the ‘‘sticker price.’’ Additional advertising and to facilitate the use of any changes made in response to OMB information, such as a list of any fuel economy information in recommendations have been optional equipment offered or advertising. The Fuel Guide advises documented as OMB requests in the transportation charges, is also required. vehicle manufacturers and dealers how docket for this action. The Act prohibits the sticker from being to disclose the established fuel economy NHTSA is also subject to the removed or altered prior to sale to a of a vehicle, as determined by the consumer. Department of Transportation’s Environmental Protection Agency’s Regulatory Policies and Procedures. Under EPCA, EPA may allow rules pursuant to the Automobile This proposed rule is also significant manufacturers of new automobiles to Information Disclosure Act (15 U.S.C. within the meaning of the DOT comply with the EPCA labeling 2996), in advertisements that make Regulatory Policies and Procedures. requirements by placing the fuel representations regarding the fuel 204 E.O. 12866 also requires NHTSA to economy information on the label economy of a new vehicle. The submit this action to OMB for review required by AIDA.201 Normally, the disclosure is tied to the claim made in and document any changes made in price sticker label and EPA label are the advertisement. If both city and response to OMB recommendations combined as one large label. Failure to highway fuel economy claims are made, In addition, EPA and NHTSA both maintain the EPA label on the vehicle both city and highway EPA figures prepared an analysis of the potential is considered a violation of AIDA. should be disclosed. A claim regarding either city or highway fuel economy costs and benefits associated with this action. This analysis is available in 200 More commonly known as the Monroney Act (Senator Mike Monroney was the chief sponsor of 202 49 U.S.C. 32904(c). Section VII of this document. the Act) or Price Sticker Act. See 15 U.S.C. 1231– 203 40 FR 42003, Sept. 10, 1975. 1233. 204 43 FR 55747, Nov. 29, 1978; and 60 FR 56230, 205 SB 2050 (Presley), Chapter 1192, Statutes of 201 49 U.S.C. 32908(b)(2). Nov. 8, 1995. 1994, and AB 1229 (2005).

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2. Paperwork Reduction Act methods, must be publicly available. Information and Regulatory Affairs, The information collection Proprietary information is granted Office of Management and Budget, 725 requirements in this proposed rule have confidentiality in accordance with the 17th Street, NW., Washington, DC been submitted for approval to the Freedom of Information Act, EPA 20503, Attention: Desk Office for EPA. Office of Management and Budget regulations at 40 CFR part 2, and class Since OMB is required to make a (OMB) under the Paperwork Reduction determinations issued by EPA’s Office decision concerning the ICR between 30 Act, 44 U.S.C. 3501 et seq. The of General Counsel. and 60 days after September 23, 2010, Information Collection Request (ICR) The projected yearly increased cost a comment to OMB is best assured of document prepared by EPA has been within the three-year horizon of the having its full effect if OMB receives it assigned EPA ICR number 2392.01. pending information collection request by October 25, 2010. The final rule will Since this is a joint proposal, the burden is $2,812,000 including $2,286,000 in respond to any OMB or public associated with these information operations and maintenance costs and comments on the information collection collection requirements could be $526,000 in labor costs. The estimated requirements contained in this proposal. number of likely respondent attributed to either agency. However, 3. Regulatory Flexibility Act since a significant portion of the burden manufacturers is 35. Responses are result from new EPA testing submitted annually by engine family, The Regulatory Flexibility Act (RFA) requirements, EPA has agreed to assume with the number of responses per generally requires agencies to prepare a responsibility for the complete respondent varying widely depending regulatory flexibility analysis of any rule paperwork burden. Both agencies will on the number of engine families being subject to notice and comment consider the comments submitted certified. Under the current fuel rulemaking requirements under the regarding these potential costs as part of economy information authorization, an Administrative Procedure Act or any their decision in the final rule. average of 12.2 responses a year are other statute unless the agencies certify The information being collected is approved for each of 33 respondents that the rule will not have a significant used by EPA to calculate the fuel requiring 451.2 hours per response and economic impact on a substantial economy estimates that appear on new 80 hours of recordkeeping at a total cost number of small entities. Small entities automobile, light truck and medium- of $10,012 per response for an industry include small businesses, small duty passenger vehicle sticker labels. total of 184,127 hours and $4,274,932 organizations, and small governmental EPA currently collects this information million annually, including capital and jurisdictions. annually as part of its vehicle operations and maintenance costs. For purposes of assessing the impacts certification and fuel economy program, Burden is defined at 5 CFR 1320.3(b). of this proposed rule on small entities, and will continue to do so. This An agency may not conduct or a small entity is defined as: (1) A small proposed rule changes some of the sponsor, and a person is not required to business as defined by the Small content of the information submitted. respond to, a collection of information Business Administration (SBA) by Responses to this information collection unless it displays a currently valid OMB category of business using North are mandatory to obtain the benefit of control number. The OMB control America Industrial Classification vehicle certification under Title II of the numbers for EPA’s regulations in 40 System (NAICS) and codified at 13 CFR Clean Air Act (42 U.S.C. 7521 et seq.) CFR are listed in 40 CFR part 9. 121.201; (2) a small governmental and as required under Title III of the To comment on the EPA’s need for jurisdiction that is a government of a Motor Vehicle Information and Cost this information, the accuracy of the city, county, town, school district or Savings Act (15 U.S.C. 2001 et seq.). provided burden estimates, and any special district with a population of less Information submitted by manufacturers suggested methods for minimizing than 50,000; and (3) a small is held as confidential until the specific respondent burden, EPA has established organization that is any not-for-profit vehicle to which it pertains is available a public docket for this rule, which enterprise which is independently for purchase. After vehicles are includes this ICR, under Docket ID owned and operated and is not available for purchase, most information number EPA–HQ–OAR–2009–0865. dominant in its field. associated with the manufacturer’s Submit any comments related to the ICR Table VIII.B.3–1 provides an overview application is available to the public. to EPA and OMB. See ADDRESSES of the primary SBA small business Under section 208 of the Clean Air Act section at the beginning of this notice categories included in the light-duty (42 U.S.C. 7542(c)), all information, for where to submit comments to EPA. vehicle sector that are subject to the other than trade secret processes or Send comments to OMB at the Office of proposed rule:

TABLE VIII.B.3–1—PRIMARY SBA SMALL BUSINESS CATEGORIES IN THE LIGHT-DUTY VEHICLE SECTOR

Defined as small entity by SBA if less than a Industry or equal to: NAICS codes

Light-duty vehicles: —vehicle manufacturers ...... 1,000 employees ...... 336111 —independent commercial importers ...... $7 million annual sales ...... 811111, 811112, 811198 $23 million annual sales ...... 441120 100 employees ...... 423110 —automobile dealers ...... $29 million annual sales ...... 441110 —stretch limousine manufacturers and hearse manufacturers 1,000 employees ...... 336211 Notes: a North American Industrial Classification System.

After considering the economic small entities, we certify that this action impact on a substantial number of small impacts of today’s proposed rule on will not have a significant economic entities. The small entities directly

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regulated by this proposed rule cover rule only affects vehicle manufacturers applying only to those regulatory several types of small businesses and the agencies estimate annual costs actions that concern health or safety including vehicle manufacturers, of less than $100 million (adjusted for risks, such that the analysis required automobile dealers, limousine and inflation). EPA and NHTSA believe that under section 5–501 of the E.O. has the hearse manufacturers, and independent the proposal represents the least costly, potential to influence the regulation. commercial importers (ICIs). ICIs are most cost-effective approach to achieve This action is not subject to E.O. 13045 companies that import used vehicles the statutory requirements of the rule. because it does not establish an into the U.S. that must be certified for The agencies’ estimated costs are environmental standard intended to emissions compliance and labeled for provided in section VI. Thus, this rule mitigate health or safety risks. fuel economy purposes. Small is not subject to the requirements of 8. Executive Order 13211: Actions That governmental jurisdictions and small sections 202 or 205 of UMRA. Significantly Affect Energy Supply, This rule is also not subject to the organizations as described above will Distribution or Use not be impacted. We have determined requirements of section 203 of UMRA that the estimated effect of the proposed because it contains no regulatory This action is not a ‘‘significant energy rule is to impact 1 small business requirements that might significantly or action’’ as defined in Executive Order vehicle manufacturer and 11 ICIs who uniquely affect small governments. As 13211 (66 FR 28355 (May 22, 2001)), currently certify vehicles with costs less noted above, the proposed rule only because it is not likely to have a than one percent of revenues. These 12 affects vehicle manufacturers. significant adverse effect on the supply, distribution, or use of energy. The companies represent all of the small 5. Executive Order 13132: Federalism businesses impacted by the proposed proposed regulations do not require regulations. The proposed regulations This action does not have federalism manufacturers to improve or otherwise will have no new impacts on small implications. It will not have substantial change the fuel economy of their business automobile dealers or small direct effects on the States, on the vehicles. The purpose of this proposed business limousine and hearse relationship between the national regulation is to provide consumers with manufacturers. An analysis of the government and the States, or on the better information on which to base impacts of the proposed rule on small distribution of power and their vehicle purchasing decisions. businesses has been prepared and responsibilities among the various Therefore, we have concluded that this placed in the docket for this levels of government, as specified in rule is not likely to have any adverse energy effects. rulemaking.206 Executive Order 13132. This rulemaking Although this proposed rule will not would apply to manufacturers of motor 9. National Technology Transfer have a significant impact on a vehicles and not to state or local Advancement Act substantial number of small entities, we governments. Thus, Executive Order 13132 does not apply to this action. Section 12(d) of the National nonetheless have tried to reduce the Technology Transfer and Advancement impact of this rule on small entities. Although section 6 of Executive Order 13132 does not apply to this action, EPA Act of 1995 (‘‘NTTAA’’), Public Law No. EPA is proposing to reduce the testing 104–113 (15 U.S.C. 272 note) directs the burden on ICIs that would be needed for and NHTSA did consult with representatives of state governments in agencies to use voluntary consensus the fuel economy label. Under the standards in its regulatory activities proposal, ICIs would be allowed to test developing this action. In the spirit of Executive Order 13132, unless to do so would be inconsistent over two driving cycles when with applicable law or otherwise determining the fuel economy estimate and consistent with the agencies’ policy to promote communications between impractical. Voluntary consensus for the fuel economy label instead of standards are technical standards (e.g., testing over five driving cycles as Federal, State and local governments, the agencies specifically solicits materials specifications, test methods, required for vehicle manufacturers. sampling procedures, and business Both agencies continue to be comment on this proposed action from State and local officials. practices) that are developed or adopted interested in the potential impacts of the by voluntary consensus standards proposed rule on small entities and 6. Executive Order 13175: Consultation bodies. NTTAA directs the agencies to welcome comments on the small and Coordination With Indian Tribal provide Congress, through OMB, business analysis and other issues Governments explanations when the Agency decides related to impacts on small businesses. This action does not have tribal not to use available and applicable 4. Unfunded Mandates Reform Act implications, as specified in Executive voluntary consensus standards. EPA’s portion of this proposed This proposed rule does not contain Order 13175 (65 FR 67249, November 9, rulemaking involves technical a Federal mandate that may result in 2000). This proposed rule would be standards. EPA proposes to use expenditures of $100 million (adjusted implemented at the Federal level and elements of testing standards developed for inflation) or more for State, local, imposes compliance costs only on with the Society of Automotive and tribal governments, in the aggregate, vehicle manufacturers. Tribal Engineers (SAE). Where possible, EPA or the private sector in any one year. governments would be affected only to proposes to incorporate by reference This rule contains no federal mandates the extent they purchase and use portions of SAEJ1711, SAE J2841, and for state, local, or tribal governments as regulated vehicles. Thus, Executive SAE J1634. At the time of this proposal, defined by the provisions of Title II of Order 13175 does not apply to this all the above SAE documents are either the UMRA. The rule imposes no action. The agencies specifically solicit open for update or in the process of enforceable duties on any of these additional comment on this proposed balloting prior to publishing. SAE governmental entities. Nothing in the action from tribal officials. reference documents can be obtained at rule would significantly or uniquely 7. Executive Order 13045: Protection of http://www.SAE.org. In the absence of affect small governments. The proposed Children From Environmental Health final published reference documents, and Safety Risks EPA is proposing procedures that may 206 ‘‘Screening Analysis: Small Business Impacts from Revisions to Motor Vehicle Fuel Economy EPA and NHTSA interpret E.O. 13045 differ from final SAE procedures. Also, Label,’’ EPA report, August 12, 2010. (62 FR 19885, April 23, 1997) as differences between EPA proposed

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procedures and final SAE procedures economy, Labeling, Reporting and dilute) flow rate at the emission may be due to statutory or existing recordkeeping requirements. sampling location to determine the CO2 regulatory EPA requirements, worst case flow rate. Calculate the CO cumulative 49 CFR Part 575 2 emissions testing requirements by EPA, flow rate continuously over the test and the need for EPA to address policy Administrative practice and interval. This cumulative value is the concerns and concerns of manufacturers procedure, Consumer protection, Fuel total mass of the emitted CO2. not involved in developing SAE economy, Motor vehicles, Motor vehicle Alternatively, CO2 may be measured procedures. safety, Reporting and recordkeeping and recorded using a constant velocity EPA welcomes comments on this requirements. sampling system as described in aspect of the proposed rulemaking and, Environmental Protection Agency §§ 86.106–96(a)(2) and 86.109–94. specifically, invites the public to * * * * * identify potentially-applicable 40 CFR Chapter I voluntary consensus standards and to For the reasons set forth in the Subpart S—[Amended] explain why such standards should be preamble, the Environmental Protection used in this regulation. Agency proposes to amend parts 85, 86 5. Section 86.1818–12 is amended by and 600 of title 40, Chapter I of the Code adding paragraph (b)(3) and revising 10. Executive Order 12898: Federal of Federal Regulations as follows: paragraphs (c)(1) and (d) to read as Actions To Address Environmental follows: Justice in Minority Populations and PART 85—CONTROL OF AIR Low-Income Populations § 86.1818–12 Greenhouse gas emission POLLUTION FROM MOBILE SOURCES standards for light-duty vehicles, light-duty Executive Order (EO) 12898 (59 FR 1. The authority citation for part 85 trucks, and medium-duty passenger 7629 (Feb. 16, 1994)) establishes federal continues to read as follows: vehicles. executive policy on environmental * * * * * justice. Its main provision directs Authority: 42 U.S.C. 7401–7671q. (b) * * * federal agencies, to the greatest extent Subpart T—[Amended] (3) Manufacturer has the meaning practicable and permitted by law, to given by the Department of make environmental justice part of their 2. Section 85.1902 is amended by Transportation at 49 CFR 531.4. mission by identifying and addressing, revising paragraph (b)(2) to read as (c) * * * as appropriate, disproportionately high follows: (1) For a given individual model and adverse human health or year’s production of passenger § 85.1902 Definitions. environmental effects of their programs, automobiles and light trucks, policies, and activities on minority * * * * * manufacturers must comply with a full populations and low-income (b) * * * useful life fleet average CO standard (2) A defect in the design, materials, 2 populations in the United States. calculated according to the provisions of or workmanship in one or more The agencies have determined that this paragraph (c). Manufacturers must emissions control or emission-related this proposed rule will not have calculate separate full useful life fleet parts, components, systems, software or disproportionately high and adverse average CO standards for their elements of design which must function 2 human health or environmental effects passenger automobile and light truck properly to ensure continued on minority or low-income populations fleets, as those terms are defined in this compliance with vehicle greenhouse gas because it does not affect the level of section. Each manufacturer’s fleet emission requirements, including protection provided to human health or average CO standards determined in compliance with CO , CH , N O, and 2 the environment. The proposed 2 4 2 this paragraph (c) shall be expressed in carbon-related exhaust emission regulations do not require whole grams per mile, in the model year standards; manufacturers to improve or otherwise specified as applicable. Manufacturers change the emissions control or fuel * * * * * eligible for and choosing to participate economy of their vehicles. The purpose in the Temporary Leadtime Allowance PART 86—CONTROL OF EMISSIONS of this proposed regulation is to provide Alternative Standards for qualifying FROM NEW AND IN–USE HIGHWAY consumers with better information on manufacturers specified in paragraph (e) VEHICLES AND ENGINES which to base their vehicle purchasing of this section shall not include vehicles decisions. 3. The authority citation for part 86 subject to the Temporary Leadtime List of Subjects continues to read as follows: Allowance Alternative Standards in the Authority: 42 U.S.C. 7401–7671q. calculations of their primary passenger 40 CFR Part 85 automobile or light truck standards Confidential business information, Subpart B—[Amended] determined in this paragraph (c). Imports, Labeling, Motor vehicle Manufacturers shall demonstrate 4. Section 86.165–12 is amended by compliance with the applicable pollution, Reporting and recordkeeping revising paragraph (d)(4) to read as requirements, Research, Warranties. standards according to the provisions of follows: § 86.1865–12. 40 CFR Part 86 § 86.165–12 Air conditioning idle test * * * * * Administrative practice and procedure. (d) In-use CO2 exhaust emission procedure, Confidential business * * * * * standards. The in-use exhaust CO2 information, Labeling, Motor vehicle (d) * * * emission standard shall be the pollution, Reporting and recordkeeping (4) Measure and record the combined city/highway carbon-related requirements. continuous CO2 concentration for 600 exhaust emission value calculated for seconds. Measure the CO2concentration the appropriate vehicle carline/ 40 CFR Part 600 continuously using raw or dilute subconfiguration according to the Administrative practice and sampling procedures. Multiply this provisions of § 600.113–12(g)(4) of this procedure, Electric power, Fuel concentration by the continuous (raw or chapter multiplied by 1.1 and rounded

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to the nearest whole gram per mile. For emissions according to the provisions of (iii) EPA will determine the vehicles in-use vehicle carlines/ this section. not covered by a certificate because the subconfigurations for which a combined * * * * * condition on the certificate was not city/highway carbon-related exhaust 7. Section 86.1841–01 is amended by satisfied by designating vehicles in emission value was not determined revising paragraph (a)(3) to read as those test groups with the highest under § 600.113–12(g)(4) of this chapter, follows: carbon-related exhaust emission values the in-use exhaust CO2 emission first and continuing until reaching a standard shall be the combined city/ § 86.1841–01 Compliance with emission number of vehicles equal to the highway carbon-related exhaust standards for the purpose of certification. calculated number of noncomplying emission value calculated according to (a) * * * vehicles as determined in paragraph the provisions of § 600.208–12 of this (3) Compliance with full useful life (k)(8) of this section. If this calculation chapter for the vehicle model type CO2 exhaust emission standards shall be determines that only a portion of (except that total model year production demonstrated at certification by the vehicles in a test group contribute to the data shall be used instead of sales certification levels on the FTP and debit situation, then EPA will designate projections) multiplied by 1.1 and HFET tests for carbon-related exhaust actual vehicles in that test group as not rounded to the nearest whole gram per emissions determined according to covered by the certificate, starting with mile. For vehicles that are capable of § 600.113–12 of this chapter. the last vehicle produced and counting operating on multiple fuels, including * * * * * backwards. but not limited to alcohol dual fuel, 8. Section 86.1848–10 is amended by (iv)(A) If a manufacturer ceases natural gas dual fuel and plug-in hybrid revising the section heading and production of passenger cars and light electric vehicles, a separate in-use paragraph (c)(9)(i) to read as follows: trucks, the manufacturer continues to be standard shall be determined for each responsible for offsetting any debits fuel that the vehicle is capable of § 86.1848–10 Compliance with emission outstanding within the required time operating on. These standards apply to standards for the purpose of certification. period. Any failure to offset the debits in-use testing performed by the * * * * * will be considered a violation of manufacturer pursuant to regulations at (c) * * * paragraph (k)(8)(i) of this section and §§ 86.1845–04 and 86.1846–01 and to (9) * * * may subject the manufacturer to an in-use testing performed by EPA. (i) Failure to meet the fleet average enforcement action for sale of vehicles CO requirements will be considered a * * * * * 2 not covered by a certificate, pursuant to failure to satisfy the terms and paragraphs (k)(8)(ii) and (iii) of this 6. Section 86.1823–08 is amended by conditions upon which the certificate(s) section. revising paragraphs (m)(2)(iii) and was (were) issued and the vehicles sold (B) If a manufacturer is purchased by, (m)(3) to read as follows: in violation of the fleet average CO2 merges with, or otherwise combines § 86.1823–08 Durability demonstration standard will not be covered by the with another manufacturer, the procedures for exhaust emissions. certificate(s). The vehicles sold in controlling entity is responsible for * * * * * violation will be determined according offsetting any debits outstanding within to § 86.1865–12(k)(8). (m) * * * the required time period. Any failure to * * * * * offset the debits will be considered a (2) * * * 9. Section 86.1865–12 is amended by violation of paragraph (k)(8)(i) of this (iii) For the 2012 through 2014 model revising paragraphs (a)(1) introductory section and may subject the years only, manufacturers may use text, (d), (j)(1), (k)(8)(iii) through (v), and manufacturer to an enforcement action alternative deterioration factors. For (k)(9)(iv)(B) to read as follows: for sale of vehicles not covered by a N2O, the alternative deterioration factor certificate, pursuant to paragraphs to be used to adjust FTP and HFET § 86.1865–12 How to comply with the fleet average CO standards. (k)(8)(ii) and (iii) of this section. emissions is the additive or 2 (v) For purposes of calculating the multiplicative deterioration factor (a) * * * statute of limitations, a violation of the (1) Unless otherwise exempted under determined for (or derived from) NOX requirements of paragraph (k)(8)(i) of emissions according to the provisions of the provisions of § 86.1801–12(j) or (k), this section, a failure to satisfy the CO2 fleet average exhaust emission this section. For CH4, the alternative conditions upon which a certificate(s) deterioration factor to be used to adjust standards apply to: was issued and hence a sale of vehicles FTP and HFET emissions is the additive * * * * * not covered by the certificate, all occur or multiplicative deterioration factor (d) Small volume manufacturer upon the expiration of the deadline for determined for (or derived from) NMOG certification procedures. Certification offsetting debits specified in paragraph or NMHC emissions according to the procedures for small volume (k)(8)(i) of this section. provisions of this section. manufacturers are provided in (9) * * * (3) Other carbon-related exhaust § 86.1838–01. Small businesses meeting (iv) * * * emissions. Deterioration factors shall be certain criteria may be exempted from (B) Failure to offset the debits within determined according to the provisions the greenhouse gas emission standards the required time period will be of paragraphs (a) through (l) of this in § 86.1818–12 according to the considered a failure to satisfy the section. Optionally, in lieu of provisions of § 86.1801–12(j) or (k). conditions upon which the certificate(s) determining emission-specific FTP and * * * * * was issued and will be addressed HFET deterioration factors for CH3OH (j) * * * pursuant to paragraph (k)(8) of this (methanol), HCHO (formaldehyde), (1) Compliance and enforcement section. C2H5OH (ethanol), and C2H4O requirements are provided in this * * * * * (acetaldehyde), manufacturers may use section and § 86.1848–10(c)(9). 10. Section 86.1867–12 is amended by the additive or multiplicative * * * * * revising paragraphs (a)(3)(iv)(A), deterioration factor determined for (or (k) * * * (a)(3)(iv)(F), (a)(3)(vi), (a)(4), and (b)(2) derived from) NMOG or NMHC (8) * * * to read as follows:

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§ 86.1867–12 Optional early CO2 credit (b) * * * with regard to the requirements in those programs. (2) Manufacturers that select Pathway sections pertaining specifically to * * * * * 4 as described in paragraph (a)(4) of this electric vehicles. (a) * * * section may not generate early air (2) Manufacturers with worldwide (3) * * * conditioning credits for vehicles sold in production (excluding electric vehicle (iv) * * * California and the section 177 states as production) of less than 10,000 gasoline- (A) Total model year sales data will be determined in paragraph (a)(2)(i) of this fueled and/or diesel powered passenger used, instead of production data, except section. automobiles and light trucks may that vehicles sold in California and the * * * * * optionally comply with the electric section 177 states determined in vehicle requirements in this subpart. paragraph (a)(2)(i) of this section shall PART 600—FUEL ECONOMY AND (c) Unless stated otherwise, references not be included. CARBON-RELATED EXHAUST to fuel economy or fuel economy data in * * * * * EMISSIONS OF MOTOR VEHICLES this part shall also be interpreted to (F) Electric, fuel cell, and plug-in mean the related exhaust emissions of 11. The authority citation for part 600 hybrid electric model type carbon- CO2, HC, and CO, and where applicable continues to read as follows: related exhaust emission values shall be for alternative fuel vehicles, CH3OH, included in the fleet average determined Authority: 49 U.S.C. 32901–23919q, C2H5OH, C2H4O, HCHO, NMHC and under paragraph (a)(1) of this section Public Law 109–58. CH4. References to average fuel only to the extent that such vehicles are economy shall be interpreted to also Subpart A—General Provisions not being used to generate early mean average carbon-related exhaust advanced technology vehicle credits 12. The heading for subpart A is emissions. References to fuel economy under paragraph (c) of this section. revised as set forth above. data vehicles shall also be meant to refer * * * * * to vehicles tested for carbon-related (vi) Credits are earned on the last day § 600.001–08, § 600.001–86, § 600.001–93, exhaust emissions for the purpose of § 600.002–85, § 600.002–93, § 600.004–77, demonstrating compliance with fleet of the model year. Manufacturers must § 600.006–86, § 600.006–87, § 600.006–89, calculate, for a given model year, the average CO2 standards in § 86.1818 of § 600.007–80, § 600.008–01, § 600.008–77, this chapter. number of credits or debits it has § 600.010–86 [Removed] generated according to the following (d) The model year of initial 13. Subpart A is amended by applicability for sections in this part is equation, rounded to the nearest removing the following sections: megagram: indicated by the section number. The CO Credits or Debits (Mg) = [(CO § 600.001–08 two digits following the hyphen 2 2 § 600.001–86 Credit Threshold—Manufacturer’s designate the first model year for which § 600.001–93 Sales Weighted Fleet Average CO a section is applicable. An individual 2 § 600.002–85 Emissions) × (Total Number of section continues to apply for later § 600.002–93 Vehicles Sold) × (Vehicle Lifetime model years until it is replaced by a § 600.004–77 Miles)] ÷ 1,000,000 different section that applies starting in § 600.006–86 a later model year. Sections that have no Where: 14. Redesignate §§ 600.001–12 two-digit suffix apply for all 2008 and CO2 Credit Threshold = the applicable credit through 600.011–93 as follows: later model year vehicles, except as threshold value for the model year and vehicle averaging set as determined by noted in those sections. If a section has Old section New section paragraph (a)(3)(vii) of this section; a two-digit suffix but the regulation Manufacturer’s Sales Weighted Fleet references that section without § 600.001–12 § 600.001 Average CO Emissions = average including the two-digit suffix, this refers 2 § 600.002–08 § 600.002 calculated according to paragraph § 600.003–77 § 600.003 to the section applicable for the (a)(3)(vi) of this section; Total Number of § 600.005–81 § 600.005 appropriate model year. This also Vehicles Sold = The number of vehicles § 600.006–08 § 600.006 applies for references to part 86 of this domestically sold as defined in § 600.007–08 § 600.007 chapter. § 600.511–80 of this chapter except that § 600.008–08 § 600.008 vehicles sold in California and the Example 1 to paragraph (d). Section § 600.009–85 § 600.009 section 177 states determined in 600.113–08 applies to the 2008 and § 600.010–08 § 600.010 paragraph (a)(2)(i) of this section shall subsequent model years until § 600.113–12 is § 600.011–93 § 600.011 not be included; and Vehicle Lifetime applicable beginning with the 2012 model Miles is 195,264 for the LDV/LDT1 year. Section 600.111–08 would then apply averaging set and 225,865 for the LDT2/ 15. The redesignated § 600.001 is only for 2008 through 2011 model year HLDT/MDPV averaging set. revised to read as follows: vehicles. § 600.001 General applicability. 16. The redesignated § 600.002 is * * * * * revised to read as follows: (4) Pathway 4. Pathway 4 credits are (a) The provisions of this part apply those credits earned under Pathway 3 as for 2008 and later model year § 600.002 Definitions. described in paragraph (a)(3) of this automobiles that are not medium duty The following definitions apply section in the set of states that does not passenger vehicles, and to 2011 and throughout this part: include California and the section 177 later model year automobiles including 3-bag FTP means the Federal Test states determined in paragraph (a)(2)(i) medium-duty passenger vehicles. Procedure specified in part 86 of this of this section and calculated according (b) The provisions of subparts A, D, chapter, with three sampling portions to paragraph (a)(3) of this section. and F of this part are optional through consisting of the cold-start transient Credits may only be generated by the 2011 model year in the following (‘‘Bag 1’’), stabilized (‘‘Bag 2’’), and hot- vehicles sold in the set of states that cases: start transient phases (‘‘Bag 3’’). does not include California and the (1) Manufacturers that produce only 4-bag FTP means the 3-bag FTP, with section 177 states determined in electric vehicles are exempt from the the addition of a sampling portion for paragraph (a)(2)(i) of this section. requirements of this subpart, except the hot-start stabilized phase (‘‘Bag 4’’).

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5-cycle means the FTP, HFET, US06, electrical charging system, energy Combined fuel economy means: SC03 and cold temperature FTP tests as storage device, and other components as (1) The fuel economy value described in subparts B and C of this specified by the Administrator. determined for a vehicle (or vehicles) by part. Battery configuration means the harmonically averaging the city and Administrator means the electrochemical type, voltage, capacity highway fuel economy values, weighted Administrator of the Environmental (in Watt-hours at the c/3 rate), and 0.55 and 0.45 respectively. Protection Agency or his authorized physical characteristics of the battery (2) For electric vehicles, the term representative. used as the tractive energy device. means the equivalent petroleum-based Alcohol means a mixture containing Body style means a level of fuel economy value as determined by 85 percent or more by volume methanol, commonality in vehicle construction as the calculation procedure promulgated ethanol, or other alcohols, in any defined by number of doors and roof by the Secretary of Energy. combination. treatment (e.g., sedan, , Dealer means a person who resides or Alcohol-fueled automobile means an fastback, ) and number of is located in the United States, any automobile designed to operate seats (i.e., front, second, or third seat) territory of the United States, or the exclusively on alcohol. requiring seat belts pursuant to National District of Columbia and who is engaged Alcohol dual fuel automobile means Highway Traffic Safety Administration in the sale or distribution of new an automobile: safety regulations in 49 CFR part 571. automobiles to the ultimate purchaser. (1) Which is designed to operate on Station wagons and light trucks are Derived 5-cycle fuel economy means alcohol and on gasoline or diesel fuel; identified as car lines. the 5-cycle fuel economy derived from and Calibration means the set of the FTP-based city and HFET-based (2) Which provides equal or greater specifications, including tolerances, highway fuel economy by means of the energy efficiency as calculated in unique to a particular design, version of equation provided in § 600.210. accordance with § 600.510–08(g)(1) or application of a component, or Diesel equivalent gallon means an § 600.510–12(g)(1) while operating on component assembly capable of amount of electricity or fuel with the alcohol as it does while operating on functionally describing its operation energy equivalence of one gallon of gasoline or diesel fuel; and over its working range. diesel fuel. For purposes of this part, (3) Which, in the case of passenger Carbon-related exhaust emissions one gallon of gasoline is equivalent to automobiles, meets or exceeds the (CREE) means the summation of the 36.7 kilowatt-hours of electricity. minimum driving range established by carbon-containing constituents of the Drive system is determined by the the Department of Transportation in 49 exhaust emissions, with each number and location of drive axles (e.g., CFR part 538. constituent adjusted by a coefficient front wheel drive, rear wheel drive, four Automobile has the meaning given by representing the carbon weight fraction wheel drive) and any other feature of the Department of Transportation at 49 of each constituent relative to the CO2 the drive system if the Administrator CFR 523.3. This includes ‘‘passenger carbon weight fraction, as specified in determines that such other features may automobiles’’ and ‘‘non-passenger § 600.113. For example, carbon-related result in a fuel economy difference. automobiles’’ (or ‘‘light trucks’’). exhaust emissions (weighted 55 percent Electrical charging system means a Auxiliary emission control device city and 45 percent highway) are used device to convert 60 Hz alternating (AECD) means an element of design as to demonstrate compliance with fleet electric current, as commonly available defined in § 86.1803 of this chapter. average CO2 emission standards in residential electric service in the Average fuel economy means the outlined in § 86.1818 of this chapter. United States, to a proper form for unique fuel economy value as computed Car line means a name denoting a recharging the energy storage device. under § 600.510 for a specific class of group of vehicles within a make or car Electric traction motor means an automobiles produced by a division which has a degree of electrically powered motor which manufacturer that is subject to average commonality in construction (e.g., body, provides tractive energy to the wheels of fuel economy standards. chassis). Car line does not consider any a vehicle. Axle ratio means the number of times level of decor or opulence and is not Electric vehicle has the meaning given the input shaft to the differential (or generally distinguished by in § 86.1803 of this chapter. equivalent) turns for each turn of the characteristics as roof line, number of Energy storage device means a drive wheels. doors, seats, or windows, except for rechargeable means of storing tractive Base level means a unique station wagons or light-duty trucks. energy on board a vehicle such as combination of basic engine, inertia Station wagons and light-duty trucks are storage batteries or a flywheel. weight class and transmission class. considered to be different car lines than Engine code means a unique Base tire means the tire specified as passenger cars. combination, within an engine-system standard equipment by the Certification vehicle means a vehicle combination (as defined in § 86.1803 of manufacturer. which is selected under § 86.1828 of this chapter), of displacement, fuel Base vehicle means the lowest priced this chapter and used to determine injection (or carburetion or other fuel version of each body style that makes up compliance under § 86.1848 of this delivery system), calibration, distributor a car line. chapter for issuance of an original calibration, choke calibration, auxiliary Basic engine means a unique certificate of conformity. emission control devices, and other combination of manufacturer, engine City fuel economy means the city fuel engine and emission control system displacement, number of cylinders, fuel economy determined by operating a components specified by the system (e.g., type of fuel injection), vehicle (or vehicles) over the driving Administrator. For electric vehicles, catalyst usage, and other engine and schedule in the Federal emission test engine code means a unique emission control system characteristics procedure, or determined according to combination of manufacturer, electric specified by the Administrator. For the vehicle-specific 5-cycle or derived 5- traction motor, motor configuration, electric vehicles, basic engine means a cycle procedures. motor controller, and energy storage unique combination of manufacturer Cold temperature FTP means the test device. and electric traction motor, motor performed under the provisions of Federal emission test procedure (FTP) controller, battery configuration, subpart C of part 86 of this chapter. refers to the dynamometer driving

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schedule, dynamometer procedure, and to the passenger compartment and (4) Is equipped with an open cargo sampling and analytical procedures accessed vertically by a rear door which area (for example, a pick-up truck box described in part 86 of this chapter for encompasses the rear window. or bed) of 72.0 inches in interior length the respective model year, which are Highway fuel economy means the or more. A covered box not readily used to derive city fuel economy data. highway fuel economy determined accessible from the passenger Footprint has the meaning given in either by operating a vehicle (or compartment will be considered an § 86.1803 of this chapter. vehicles) over the driving schedule in open cargo area for purposes of this FTP-based city fuel economy means the Federal highway fuel economy test definition. the fuel economy determined in procedure, or determined according to Minivan means a light truck which is § 600.113 of this part, on the basis of either the vehicle-specific 5-cycle designed primarily to carry no more FTP testing. equation or the derived 5-cycle equation than eight passengers, having an integral Fuel means: for highway fuel economy. enclosure fully enclosing the driver, (1) Gasoline and diesel fuel for Highway fuel economy test procedure passenger, and load-carrying gasoline- or diesel-powered (HFET) refers to the dynamometer compartments, and rear seats readily automobiles; or driving schedule, dynamometer removed, folded, stowed, or pivoted to (2) Electrical energy for electrically procedure, and sampling and analytical facilitate cargo carrying. A minivan powered automobiles; or procedures described in subpart B of typically includes one or more sliding (3) Alcohol for alcohol-powered this part and which are used to derive doors and a rear liftgate. Minivans automobiles; or highway fuel economy data. typically have less total interior volume (4) Natural gas for natural gas- HFET-based fuel economy means the or overall height than full sized vans powered automobiles; or highway fuel economy determined in and are commonly advertised and (5) Liquid Petroleum Gas (LPG), § 600.113 of this part, on the basis of marketed as ‘‘minivans.’’ commonly referred to as ‘‘propane,’’ for HFET testing. Model type means a unique LPG-powered automobiles; or Hybrid electric vehicle (HEV) has the combination of car line, basic engine, (6) Hydrogen for hydrogen fuel cell meaning given in § 86.1803 of this and transmission class. automobiles and for automobiles chapter. Model year means the manufacturer’s equipped with hydrogen internal Independent Commercial Importer annual production period (as combustion engines. has the meaning given in § 85.1502 of determined by the Administrator) which Fuel cell has the meaning given in this chapter. includes January 1 of such calendar § 86.1803 of this chapter. Inertia weight class means the class, year. If a manufacturer has no annual has the meaning which is a group of test weights, into production period, the term ‘‘model given in § 86.1803 of this chapter. which a vehicle is grouped based on its year’’ means the calendar year. Fuel economy means: loaded vehicle weight in accordance Motor controller means an electronic (1) The average number of miles with the provisions of part 86 of this or electro-mechanical device to convert traveled by an automobile or group of chapter. automobiles per volume of fuel Label means a sticker that contains energy stored in an energy storage consumed as calculated in this part; or fuel economy information and is affixed device into a form suitable to power the (2) For the purpose of calculating to new automobiles in accordance with traction motor. average fuel economy pursuant to the subpart D of this part. Natural gas-fueled automobile means provisions of part 600, subpart F, fuel Light truck means an automobile that an automobile designed to operate economy for electrically powered is not a passenger automobile, as exclusively on natural gas. automobiles means the equivalent defined by the Secretary of Natural gas dual fuel automobile petroleum-based fuel economy as Transportation at 49 CFR 523.5. This means an automobile: determined by the Secretary of Energy term is interchangeable with ‘‘non- (1) Which is designed to operate on in accordance with the provisions of 10 passenger automobile.’’ The term the natural gas and on gasoline or diesel CFR 474. ‘‘light truck’’ includes medium-duty fuel; Fuel economy data vehicle means a passenger vehicles which are (2) Which provides equal or greater vehicle used for the purpose of manufactured during 2011 and later energy efficiency as calculated in determining fuel economy which is not model years. § 600.510–08(g)(1) while operating on a certification vehicle. Medium-duty passenger vehicle natural gas as it does while operating on Gasoline equivalent gallon means an means a vehicle which would satisfy the gasoline or diesel fuel; and amount of electricity or fuel with the criteria for light trucks as defined by the (3) Which, in the case of passenger energy equivalence of one gallon of Secretary of Transportation at 49 CFR automobiles, meets or exceeds the gasoline. For purposes of this part, one 523.5 but for its gross vehicle weight minimum driving range established by gallon of gasoline is equivalent to rating or its curb weight, which is rated the Department of Transportation in 49 33.705 kilowatt-hours of electricity or at more than 8,500 lbs GVWR or has a CFR part 538. 121.5 standard cubic feet of natural gas. vehicle curb weight of more than 6,000 Non-passenger automobile has the Good engineering judgment has the pounds or has a basic vehicle frontal meaning given by the Department of meaning given in § 1068.30 of this area in excess of 45 square feet, and Transportation at 49 CFR 523.5. This chapter. See § 1068.5 of this chapter for which is designed primarily to transport term is synonymous with ‘‘light truck.’’ the administrative process we use to passengers, but does not include a Passenger automobile has the evaluate good engineering judgment. vehicle that: meaning given by the Department of Gross vehicle weight rating means the (1) Is an ‘‘incomplete truck’’ as defined Transportation at 49 CFR 523.4. manufacturer’s gross weight rating for in this subpart; or Pickup truck means a nonpassenger the individual vehicle. (2) Has a seating capacity of more automobile which has a passenger Hatchback means a passenger than 12 persons; or compartment and an open cargo bed. automobile where the conventional (3) Is designed for more than 9 Plug-in hybrid electric vehicle (PHEV) luggage compartment, i.e., , is persons in seating rearward of the has the meaning given in § 86.1803 of replaced by a cargo area which is open driver’s seat; or this chapter.

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Production volume means, for a Transmission configuration means the (e) CREE means carbon-related domestic manufacturer, the number of Administrator may further subdivide exhaust emissions. vehicle units domestically produced in within a transmission class if the 18. The redesignated § 600.005 is a particular model year but not Administrator determines that sufficient amended by revising the introductory exported, and for a foreign fuel economy differences exist. Features text and paragraph (a) to read as follows: manufacturer, means the number of such as gear ratios, torque converter vehicle units of a particular model multiplication ratio, stall speed, shift § 600.005 Maintenance of records and rights of entry. imported into the United States. calibration, or shift speed may be used QR Code means Quick Response to further distinguish characteristics The provisions of this section are Code, which is a registered trademark of within a transmission class. applicable to all fuel economy data Denso Wave, Incorporated. Ultimate consumer means the first vehicles. Certification vehicles are Round has the meaning given in 40 person who purchases an automobile for required to meet the provisions of CFR 1065.1001, unless specified purposes other than resale or leases an § 86.1844 of this chapter. otherwise. automobile. (a) The manufacturer of any new SC03 means the test procedure US06 means the test procedure as motor vehicle subject to any of the specified in § 86.160 of this chapter. described in § 86.159 of this chapter. standards or procedures prescribed in Secretary of Energy means the US06–City means the combined this part shall establish, maintain, and Secretary of Energy or his authorized periods of the US06 test that occur retain the following adequately representative. before and after the US06–Highway organized and indexed records: Secretary of Transportation means the period. (1) General records. (i) Identification Secretary of Transportation or his US06–Highway means the period of and description of all vehicles for which authorized representative. the US06 test that begins at the end of data are submitted to meet the Sport utility vehicle (SUV) means a the deceleration which is scheduled to requirements of this part. light truck with an extended roof line to occur at 130 seconds of the driving (ii) A description of all procedures increase cargo or passenger capacity, schedule and terminates at the end of used to test each vehicle. cargo compartment open to the the deceleration which is scheduled to (iii) A copy of the information passenger compartment, and one or occur at 495 seconds of the driving required to be submitted under more rear seats readily removed or schedule. § 600.006 fulfills the requirements of folded to facilitate cargo carrying. Van means any light truck having an paragraph (a)(1)(i) of this section. Station wagon means a passenger integral enclosure fully enclosing the automobile with an extended roof line (2) Individual records. (i) A brief driver compartment and load carrying history of each vehicle for which data to increase cargo or passenger capacity, compartment. The distance from the cargo compartment open to the are submitted to meet the requirements leading edge of the windshield to the of this part, in the form of a separate passenger compartment, a tailgate, and foremost body section of vans is one or more rear seats readily removed booklet or other document for each typically shorter than that of pickup separate vehicle, in which must be or folded to facilitate cargo carrying. trucks and SUVs. Subconfiguration means a unique recorded: Vehicle configuration means a unique (A) The steps taken to ensure that the combination within a vehicle combination of basic engine, of equivalent test weight, vehicle with respect to its engine, drive code, inertia weight class, transmission train, fuel system, emission control road-load horsepower, and any other configuration, and axle ratio within a operational characteristics or parameters system components, exhaust after base level. treatment device, vehicle weight, or any which the Administrator determines Vehicle-specific 5-cycle fuel economy other device or component, as may significantly affect fuel economy means the fuel economy calculated applicable, will be representative of within a vehicle configuration. according to the procedures in production vehicles. In the case of Test weight means the weight within § 600.114. electric vehicles, the manufacturer an inertia weight class which is used in Wheelbase has the meaning given in should describe the steps taken to the dynamometer testing of a vehicle, § 86.1803 of this chapter. and which is based on its loaded vehicle 17. The redesignated § 600.003 is ensure that the vehicle with respect to weight in accordance with the revised to read as follows: its electric traction motor, motor provisions of part 86 of this chapter. controller, battery configuration, or any Track width has the meaning given in § 600.003 Abbreviations. other device or component, as § 86.1803 of this chapter. The abbreviations and acronyms used applicable, will be representative of Transmission class means a group of in this part have the same meaning as production vehicles. transmissions having the following those in part 86 of this chapter, with the (B) A complete record of all emission common features: Basic transmission addition of the following: tests performed under part 86 of this type (manual, automatic, or semi- (a) ‘‘MPG’’ or ‘‘mpg’’ means miles per chapter, all fuel economy tests automatic); number of forward gears gallon. This may be used to generally performed under this part 600 (except used in fuel economy testing (e.g., describe fuel economy as a quantity, or tests actually performed by EPA manual four-speed, three-speed it may be used as the units associated personnel), and all electric vehicle tests automatic, two-speed semi-automatic); with a particular value. performed according to procedures drive system (e.g., front wheel drive, (b) MPGe means miles per gallon promulgated by DOE, including all rear wheel drive; four wheel drive), type equivalent. This is generally used to individual worksheets and other of overdrive, if applicable (e.g., final quantify a fuel economy value for documentation relating to each such test gear ratio less than 1.00, separate vehicles that use a fuel other than or exact copies thereof; the date, time, overdrive unit); torque converter type, if gasoline. The value represents miles the purpose, and location of each test; the applicable (e.g., non-lockup, lockup, vehicle can drive with the energy number of miles accumulated on the variable ratio); and other transmission equivalent of one gallon of gasoline. vehicle when the tests began and ended; characteristics that may be determined (c) SCF means standard cubic feet. and the names of supervisory personnel to be significant by the Administrator. (d) SUV means sport utility vehicle. responsible for the conduct of the tests.

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(C) A description of mileage accordance with paragraph (g) of this § 600.510(a)(1) through (4). The test data accumulated since selection of buildup section. shall be adjusted in accordance with of such vehicles including the date and (2) For each fuel economy data paragraph (g)(3) or (4) of this section as time of each mileage accumulation vehicle, all individual test results applicable. listing both the mileage accumulated (excluding results of invalid and zero (2) [Reserved] and the name of each driver, or each mile tests) and these test results (3)(i) The manufacturer shall adjust operator of the automatic mileage adjusted in accordance with paragraph all fuel economy test data generated by accumulation device, if applicable. (g) of this section. vehicles with engine-drive system Additionally, a description of mileage (3) For diesel vehicles tested to meet combinations with more than 6,200 accumulated prior to selection or the requirements of part 86 of this miles by using the following equation: buildup of such vehicle must be chapter, data from a cold temperature FE4,000mi = FET[0.979 + 5.25 × maintained in such detail as is FTP, performed in accordance with 10¥6(mi)]¥1 available. § 600.111–08(e), using the fuel specified Where: (D) If used, the record of any devices in § 600.107–08(c). FE4,000mi = Fuel economy data adjusted to employed to record the speed or (4) For all vehicles tested in paragraph 4,000-mile test point rounded to the mileage, or both, of the test vehicle in (c)(1) through (3) of this section, the nearest 0.1 mpg. relationship to time. individual fuel economy results FET = Tested fuel economy value rounded to (E) A record and description of all measured on a per-phase basis, that is, the nearest 0.1 mpg. maintenance and other servicing the individual phase results for all mi = System miles accumulated at the start performed, within 2,000 miles prior to sample phases of the FTP, cold of the test rounded to the nearest whole fuel economy testing under this part, temperature FTP and US06 tests. mile. (ii)(A) giving the date and time of the (5) Starting with the 2012 model year, The manufacturer shall adjust all CO2 maintenance or service, the reason for it, the data submitted according to test data generated by vehicles with the person authorizing it, and the names paragraphs (c)(1) through (4) of this engine-drive system combinations with of supervisory personnel responsible for section shall include total HC, CO, CO2, more than 6,200 miles by using the the conduct of the maintenance or and, where applicable for alternative following equation: ¥6 service. A copy of the maintenance fuel vehicles, CH3OH, C2H5OH, C2H4O, CO24,000mi = CO2T[0.979 + 5.25·10 · information to be submitted under HCHO, NMHC and CH4. Manufacturers (mi)] § 600.006 fulfills the requirements of incorporating N2O and CH4 emissions in Where:

this paragraph (a)(2)(i)(E). their fleet average carbon-related CO24,000mi = CO2 emission data adjusted to (F) A brief description of any exhaust emissions as allowed under 4,000-mile test point. significant events affecting the vehicle § 86.1818 of this chapter shall also CO2T = Tested emissions value of CO2 in during any of the period covered by the submit N2O and CH4 emission data grams per mile. history not described in an entry under where applicable. The fuel economy mi = System miles accumulated at the start of the test rounded to the nearest whole one of the previous headings including and CO2 emission test results shall be such extraordinary events as vehicle adjusted in accordance with paragraph mile. accidents or driver speeding citations or (g) of this section. (B) Emissions test values and results warnings. * * * * * used and determined in the calculations (3) The manufacturer shall retain all (e) In lieu of submitting actual data in this paragraph (g)(3)(ii) shall be records required under this part for five from a test vehicle, a manufacturer may rounded in accordance with § 86.1837 years after the end of the model year to of this chapter as applicable. CO2 and provide fuel economy, CO2 emissions, which they relate. Records may be and carbon-related exhaust emission CREE values shall be rounded to the retained as hard copy or some values derived from a previously tested nearest gram per mile. alternative storage medium, provided (4) For vehicles with 6,200 miles or vehicle, where the fuel economy, CO2 that in every case all the information emissions, and carbon-related exhaust less accumulated, the manufacturer is contained in hard copy shall be emissions are expected to be equivalent not required to adjust the data. 20. The redesignated § 600.007 is retained. (or less fuel-efficient and with higher amended by revising paragraphs (a), (b), * * * * * CO emissions and carbon-related 2 and (e) to read as follows: 19. The redesignated § 600.006 is exhaust emissions). Additionally, in amended by revising paragraphs (c), (e), lieu of submitting actual data from a test § 600.007 Vehicle acceptability. and (g) to read as follows: vehicle, a manufacturer may provide (a) All certification vehicles and other § 600.006 Data and information fuel economy, CO2 emissions, and vehicles tested to meet the requirements requirements for fuel economy data carbon-related exhaust emission values of part 86 of this chapter (other than vehicles. derived from an analytical expression, those chosen under the durability- * * * * * e.g., regression analysis. In order for fuel demonstration provisions in § 86.1829 (c) The manufacturer shall submit the economy, CO2 emissions, and carbon- of this chapter), are considered to have following fuel economy data: related exhaust emission values derived met the requirements of this section. (1) For vehicles tested to meet the from analytical methods to be accepted, (b) Any vehicle not meeting the requirements of part 86 of this chapter the expression (form and coefficients) provisions of paragraph (a) of this (other than those chosen in accordance must have been approved by the section must be judged acceptable by with the provisions related to durability Administrator. the Administrator under this section in demonstration in § 86.1829 of this * * * * * order for the test results to be reviewed chapter or in-use verification testing in (g)(1) The manufacturer shall adjust for use in subpart C or F of this part. The § 86.1845 of this chapter), the FTP, all test data used for fuel economy label Administrator will judge the highway, US06, SC03 and cold calculations in subpart D and average acceptability of a fuel economy data temperature FTP fuel economy results, fuel economy calculations in subpart F vehicle on the basis of the information as applicable, from all tests on that for the classes of automobiles within the supplied by the manufacturer under vehicle, and the test results adjusted in categories identified in paragraphs of § 600.006(b). The criteria to be met are:

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(1) A fuel economy data vehicle may (i) For vehicles imported under 21. The redesignated § 600.008 is have accumulated not more than 10,000 § 85.1509 of this chapter, a highway fuel amended by revising the section miles. A vehicle will be considered to economy value must be generated heading and paragraphs (a)(1) and have met this requirement if the engine contemporaneously with the emission (a)(2)(i) to read as follows: and drivetrain have accumulated 10,000 tests used for purposes of demonstrating or fewer miles. The components compliance with § 85.1509 of this § 600.008 Review of fuel economy, CO2 emissions, and carbon-related exhaust installed for a fuel economy test are not chapter. No modifications or emission data, testing by the Administrator. required to be the ones with which the adjustments should be made to the mileage was accumulated, e.g., axles, vehicles between the highway fuel (a) * * * transmission types, and tire sizes may economy, FTP, US06, SC03 and Cold (1)(i) The Administrator may require be changed. The Administrator will temperature FTP tests. that any one or more of the test vehicles determine if vehicle/engine component (ii) For vehicles imported under be submitted to the Agency, at such changes are acceptable. § 85.1509 or § 85.1511(b)(2), (b)(4), place or places as the Agency may (2) A vehicle may be tested in (c)(2), or (c)(4) of this chapter (when designate, for the purposes of different vehicle configurations by applicable) with over 10,000 miles, the conducting fuel economy tests. The change of vehicle components, as equation in § 600.006(g)(3) shall be used Administrator may specify that such specified in paragraph (b)(1) of this as though only 10,000 miles had been testing be conducted at the section, or by testing in different inertia accumulated. manufacturer’s facility, in which case instrumentation and equipment weight classes. Also, a single vehicle (iii) Any required fuel economy specified by the Administrator shall be may be tested under different test testing must take place after any safety made available by the manufacturer for conditions, i.e., test weight and/or road modifications are completed for each test operations. The tests to be load horsepower, to generate fuel vehicle as required by regulations of the performed may comprise the FTP, economy data representing various Department of Transportation. highway fuel economy test, US06, SC03, situations within a vehicle (iv) Every vehicle imported under configuration. For purposes of this part, or Cold temperature FTP or any § 85.1509 or § 85.1511(b)(2), (b)(4), combination of those tests. Any testing data generated by a single vehicle tested (c)(2), or (c)(4) of this chapter (when in various test conditions will be treated conducted at a manufacturer’s facility applicable) must be considered a pursuant to this paragraph shall be as if the data were generated by the separate type for the purposes of testing of multiple vehicles. scheduled by the manufacturer as calculating a fuel economy label for a promptly as possible. (3) The mileage on a fuel economy manufacturer’s average fuel economy. data vehicle must be, to the extent (ii) Starting with the 2012 model year, * * * * * possible, accumulated according to evaluations, testing, and test data § 86.1831 of this chapter. (e) If, based on a review of the described in this section pertaining to (4) Each fuel economy data vehicle emission data for a fuel economy data fuel economy shall also be performed must meet the same exhaust emission vehicle, submitted under § 600.006(b), for CO2 emissions and carbon-related standards as certification vehicles of the or emission data generated by a vehicle exhaust emissions, except that CO2 respective engine-system combination tested under § 600.008(e), the emissions and carbon-related exhaust during the test in which the city fuel Administrator finds an indication of emissions shall be arithmetically economy test results are generated. This non-compliance with section 202 of the averaged instead of harmonically may be demonstrated using one of the Clean Air Act, 42 U.S.C. 1857 et seq. of averaged, and in cases where the following methods: the regulation thereunder, he may take manufacturer selects the lowest of (i) The deterioration factors such investigative actions as are several fuel economy results to established for the respective engine- appropriate to determine to what extent represent the vehicle, the manufacturer system combination per § 86.1841 of emission non-compliance actually shall select the CO2 emissions and this chapter as applicable will be used; exists. carbon-related exhaust emissions value or (1) The Administrator may, under the from the test results associated with the (ii) The fuel economy data vehicle provisions of § 86.1830 of this chapter, lowest selected fuel economy results. will be equipped with aged emission request the manufacturer to submit (2) * * * control components according to the production vehicles of the (i) The manufacturer’s fuel economy provisions of § 86.1823 of this chapter. configuration(s) specified by the data (or harmonically averaged data if (5) The calibration information Administrator for testing to determine to more than one test was conducted) will submitted under § 600.006(b) must be what extent emission noncompliance of be compared with the results of the representative of the vehicle a production vehicle configuration or of Administrator’s test. configuration for which the fuel a group of production vehicle * * * * * economy and carbon-related exhaust configurations may actually exist. 22. The redesignated § 600.009 is emissions data were submitted. (2) If the Administrator determines, as revised to read as follows: (6) Any vehicle tested for fuel a result of his investigation, that economy or carbon-related exhaust substantial emission non-compliance is § 600.009 Hearing on acceptance of test emissions purposes must be exhibited by a production vehicle data. representative of a vehicle which the configuration or group of production (a) The manufacturer may request a manufacturer intends to produce under vehicle configurations, he may proceed hearing on the Administrator’s decision the provisions of a certificate of with respect to the vehicle if the Administrator rejects any of the conformity. configuration(s) as provided under following: (7) For vehicles imported under § 600.206–08(b), § 600.206–12(b), (1) The use of a manufacturer’s fuel § 85.1509 or § 85.1511(b)(2), (b)(4), § 600.207–08(c), or § 600.207–12(c) as economy data vehicle, in accordance (c)(2), (c)(4) of this chapter, or (e)(2) applicable of the Clean Air Act, 42 with § 600.008(e) or (g), or (when applicable) only the following U.S.C. 1857 et seq. (2) The use of fuel economy data, in requirements must be met: * * * * * accordance with § 600.008(c), or (f), or

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(3) The determination of a vehicle year sales subconfiguration within the (2) ASTM D 1298–99 (Reapproved configuration, in accordance with highest projected model year sales 2005) Standard Practice for Density, § 600.206(a), or configuration for each base level. Relative Density (Specific Gravity), or (4) The identification of a car line, in Manufacturers may optionally generate API Gravity of Crude Petroleum and accordance with § 600.002(a)(20), or this data for any 2008 through 2010 Liquid Petroleum Products by (5) The fuel economy label values model years, and, 2011 and later model Hydrometer Method, IBR approved for determined by the manufacturer under year vehicles, if not otherwise required. §§ 600.113–08, 600.510–08, and § 600.312(a), then: (iii) For additional model types 600.510–12. (b) The request for a hearing must be established under § 600.208–08(a)(2), (3) ASTM D 3343–05 Standard Test filed in writing within 30 days after § 600.208–12(a)(2), § 600.209–08(a)(2), Method for Estimation of Hydrogen being notified of the Administrator’s or § 600.209–12(a)(2) FTP and HFET Content of Aviation Fuels, IBR approved decision. The request must be signed by data, and if required under § 600.115, for § 600.113–08. an authorized representative of the US06, SC03 and Cold temperature FTP (4) ASTM D 3338–09 Standard Test manufacturer and include a statement data from each subconfiguration Method for Estimation of Net Heat of specifying the manufacturer’s objections included within the model type. Combustion of Aviation Fuels, IBR to the Administrator’s determinations, (2) For the purpose of recalculating approved for § 600.113–08. with data in support of such objection. fuel economy label values as required (5) ASTM D 240–09 Standard Test (c) If, after the review of the request under § 600.314–08(b), the manufacturer Method for Heat of Combustion of and supporting data, the Administrator shall submit data required under Liquid Hydrocarbon Fuels by Bomb finds that the request raises one or more § 600.507. Calorimeter, IBR approved for substantial factual issues, the (d) Minimum data requirements for §§ 600.113–08, and 600.510–08. Administrator shall provide the the manufacturer’s average fuel (6) ASTM D 975–10 Standard manufacturer with a hearing in economy and average carbon-related Specification for Diesel Fuel Oils, IBR accordance with the provisions of 40 exhaust emissions. For the purpose of approved for § 600.107–08. CFR part 1068, subpart G. calculating the manufacturer’s average (7) ASTM D 1945–03 (Reapproved (d) A manufacturer’s use of any fuel fuel economy and average carbon- 2010) Standard Test Method for economy data which the manufacturer related exhaust emissions under Analysis of Natural Gas By Gas challenges pursuant to this section shall § 600.510, the manufacturer shall Chromatography, IBR approved for not constitute final acceptance by the submit FTP (city) and HFET (highway) § 600.113–08. manufacturer nor prejudice the test data representing at least 90 percent (c) SAE Material. The following manufacturer in the exercise of any of the manufacturer’s actual model year material is available from the Society of appeal pursuant to this section production, by configuration, for each Automotive Engineers. Copies of these challenging such fuel economy data. category identified for calculation under materials may be obtained from Society 23. The redesignated § 600.010 is § 600.510–08(a)(1) or § 600.510–12(a)(1). of Automotive Engineers World amended by revising paragraphs (a) 24. The redesignated § 600.011 is Headquarters, 400 Commonwealth Dr., introductory text, (c), and (d) to read as revised to read as follows: Warrendale, PA 15096–0001, phone follows: (877) 606–7323 (U.S. and Canada) or § 600.011 Reference materials. (724) 776–4970 (outside the U.S. and § 600.010 Vehicle test requirements and (a) Incorporation by reference. The Canada), or at http://www.sae.org. minimum data requirements. documents referenced in this section (1) Motor Vehicle Dimensions— (a) Unless otherwise exempted from have been incorporated by reference in Recommended Practice SAE 1100a specific emission compliance this part. The incorporation by reference (Report of Human Factors Engineering requirements, for each certification was approved by the Director of the Committee, Society of Automotive vehicle defined in this part, and for each Federal Register in accordance with 5 Engineers, approved September 1973 as vehicle tested according to the emission U.S.C. 552(a) and 1 CFR part 51. Copies revised September 1975), IBR approved test procedures in part 86 of this chapter may be inspected at the U.S. for § 600.315–08. for addition of a model after Environmental Protection Agency, (2) SAE J1634, Electric Vehicle Energy certification or approval of a running Office of Air and Radiation, 1200 Consumption and Range Test change (§ 86.1842 of this chapter, as Pennsylvania Ave., NW., Washington, Procedure, October 2002, IBR approved applicable): DC 20460, phone (202) 272–0167, or at for §§ 600.116–12 and 600.311–12. * * * * * the National Archives and Records (3) SAE J1711, Recommended Practice (c) Minimum data requirements for Administration (NARA). For for Measuring the Exhaust Emissions labeling. (1) In order to establish fuel information on the availability of this and Fuel Economy of Hybrid-Electric economy label values under § 600.301, material at NARA, call 202–741–6030, Vehicles, Including Plug-In Hybrid the manufacturer shall use only test data or go to: http://www.archives.gov/ Vehicles, June 2010, IBR approved for accepted in accordance with § 600.008 federal_register/ §§ 600.116–12 and 600.311–12. meeting the minimum coverage of: code_of_federal_regulations/ (d) ISO Material. The following (i) Data required for emission ibr_locations.html and is available from material is available from the certification under §§ 86.1828 and the sources listed below: International Organization for 86.1842 of this chapter. (b) ASTM. The following material is Standardization. Copies of these (ii)(A) FTP and HFET data from the available from the American Society for materials may be obtained from the highest projected model year sales Testing and Materials. Copies of these International Organization for subconfiguration within the highest materials may be obtained from Standardization, Case Postale 56, CH– projected model year sales configuration American Society for Testing and 1211 Geneva 20, Switzerland or http:// for each base level, and Materials, ASTM International, 100 Barr www.iso.org. (B) If required under § 600.115–08, for Harbor Drive, P.O. Box C700, West (1) ISO/IEC 18004:2006, ‘‘Information 2011 and later model year vehicles, Conshohocken, PA 19428–2959, phone technology—Automatic identification US06, SC03 and cold temperature FTP 610–832–9585. http://www.astm.org/. and data capture techniques—QR Code data from the highest projected model (1) [Reserved] 2005 bar code symbology specification.’’

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(2) [Reserved] (c) Test fuels representing fuel types calibrated on methanol is used for for which there are no specifications measuring HC plus methanol). Subpart B—Fuel Economy and provided in § 86.113 of this chapter may (3) Except in cases of component Carbon-Related Exhaust Emission Test be used if approved in advance by the malfunction or failure, all emission Procedures Administrator. control systems installed on or 29. Redesignate § 600.108–78 as incorporated in a new motor vehicle 25. The heading for subpart B is § 600.108–08. must be functioning during all revised as set forth above. 30. Section § 600.109–08 is amended procedures in this subpart. The § 600.101–08, § 600.101–12, § 600.101–86, by revising paragraph (b)(3) to read as Administrator may authorize § 600.101–93, § 600.102–78, § 600.103–78, follows: maintenance to correct component § 600.104–78, § 600.105–78, § 600.106–78, malfunction or failure. § 600.107–78, § 600.107–93, § 600.109–78, § 600.109–08 EPA driving cycles. (4) The provisions of § 86.128 of this § 600.110–78, § 600.111–80, § 600.111–93, * * * * * chapter apply for vehicle transmission § 600.112–78, § 600.113–78, § 600.113–88, (b) * * * operation during highway fuel economy § 600.113–93 [Removed] (3) A graphic representation of the testing under this subpart. 26. Subpart B is amended by range of acceptable speed tolerances is (5) Section 86.129 of this chapter removing the following sections: found in § 86.115 of this chapter. applies for determination of road load § 600.101–08 * * * * * power and test weight for highway fuel § 600.101–12 31. Section 600.111–08 is revised to economy testing. The test weight for the § 600.101–86 read as follows: testing of a certification vehicle will be § 600.101–93 that test weight specified by the § 600.102–78 § 600.111–08 Test procedures. Administrator under the provisions of § 600.103–78 This section provides test procedures part 86 of this chapter. The test weight § 600.104–78 for the FTP, highway, US06, SC03, and for a fuel economy data vehicle will be § 600.105–78 the cold temperature FTP tests. Testing that test weight specified by the § 600.106–78 shall be performed according to test Administrator from the test weights § 600.107–78 procedures and other requirements covered by that vehicle configuration. § 600.107–93 contained in this part 600 and in part 86 The Administrator will base his § 600.109–78 of this chapter, including the provisions selection of a test weight on the relative § 600.110–78 of part 86, subparts B, C, and S. projected sales volumes of the various § 600.111–80 (a) FTP testing procedures. The test test weights within the vehicle § 600.111–93 procedures to be followed for configuration. § 600.112–78 conducting the FTP test are those (6) The HFET is designed to be § 600.113–78 prescribed in §§ 86.127 through 86.138 performed immediately following the § 600.113–88 of this chapter, as applicable, except as Federal Emission Test Procedure, § 600.113–93 provided for in paragraph (b)(5) of this §§ 86.127 through 86.138 of this 27. Section § 600.106–08 is revised to section. (The evaporative loss portion of chapter. When conditions allow, the read as follows: the test procedure may be omitted tests should be scheduled in this unless specifically required by the sequence. In the event the tests cannot § 600.106–08 Equipment requirements. Administrator.) be scheduled within three hours of the The requirements for test equipment (b) Highway fuel economy testing Federal Emission Test Procedure to be used for all fuel economy testing procedures. (1) The Highway Fuel (including one hour hot soak are given in subparts B and C of part 86 Economy Dynamometer Procedure evaporative loss test, if applicable) the of this chapter. (HFET) consists of preconditioning vehicle should be preconditioned as in 28. Section § 600.107–08 is revised to highway driving sequence and a paragraph (b)(6)(i) or (ii) of this section, read as follows: measured highway driving sequence. as applicable. (2) The HFET is designated to (i) If the vehicle has experienced more § 600.107–08 Fuel specifications. simulate non-metropolitan driving with than three hours of soak (68 °F–86 °F) (a) The test fuel specifications for an average speed of 48.6 mph and a since the completion of the Federal gasoline, diesel, methanol, and maximum speed of 60 mph. The cycle Emission Test Procedure, or has methanol-petroleum fuel mixtures are is 10.2 miles long with 0.2 stop per mile experienced periods of storage outdoors, given in § 86.113 of this chapter, except and consists of warmed-up vehicle or in environments where soak for cold temperature FTP fuel operation on a chassis dynamometer temperature is not controlled to 68 °F– requirements for diesel and alternative through a specified driving cycle. A 86 °F, the vehicle must be fuel vehicles, which are given in proportional part of the diluted exhaust preconditioned by operation on a paragraph (b) of this section. emission is collected continuously for dynamometer through one cycle of the (b)(1) Diesel test fuel used for cold subsequent analysis of hydrocarbons, EPA Urban Dynamometer Driving temperature FTP testing must comprise carbon monoxide, carbon dioxide using Schedule, § 86.115 of this chapter. a winter-grade diesel fuel as specified in a constant volume (variable dilution) (ii) EPA may approve a ASTM D975–10 (incorporated by sampler. Diesel dilute exhaust is manufacturer’s request for additional reference in § 600.011). Alternatively, continuously analyzed for hydrocarbons preconditioning in unusual EPA may approve the use of a different using a heated sample line and analyzer. circumstances diesel fuel, provided that the level of Methanol and formaldehyde samples (7) Use the following procedure to kerosene added shall not exceed 20 are collected and individually analyzed determine highway fuel economy: percent. for methanol-fueled vehicles (i) The dynamometer procedure (2) The manufacturer may request (measurement of methanol and consists of two cycles of the Highway EPA approval of the use of an formaldehyde may be omitted for 1993 Fuel Economy Driving Schedule alternative fuel for cold temperature through 1994 model year methanol- (§ 600.109–08(b)) separated by 15 FTP testing. fueled vehicles provided a HFID seconds of idle. The first cycle of the

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Highway Fuel Economy Driving cooling set-up approved for a specific and/or testing results by the procedures Schedule is driven to precondition the vehicle. set forth in this part. For example, test vehicle and the second is driven for (iii) Preparation of the CVS must be special test procedures may be used for the fuel economy measurement. performed before the measurement advanced technology vehicles, (ii) The provisions of § 86.135 of this highway driving cycle. including, but not limited to fuel cell chapter, except for the overview and the (iv) Equipment preparation. The vehicles, hybrid electric vehicles using allowance for practice runs, apply for provisions of § 86.137–94(b)(3) through hydraulic energy storage, and vehicles highway fuel economy testing. (6) of this chapter apply for highway equipped with hydrogen internal (iii) Only one exhaust sample and one fuel economy test, except that only one combustion engines. Additionally, the background sample are collected and exhaust sample collection bag and one Administrator may conduct fuel analyzed for hydrocarbons (except dilution air sample collection bag need economy and carbon-related exhaust diesel hydrocarbons which are analyzed to be connected to the sample collection emission testing using the special test continuously), carbon monoxide, and systems. procedures approved for a specific carbon dioxide. Methanol and (v) Operate the vehicle over one vehicle. formaldehyde samples (exhaust and Highway Fuel Economy Driving 32. Section 600.113–12 is revised to dilution air) are collected and analyzed Schedule cycle according to the read as follows: for methanol-fueled vehicles dynamometer driving schedule (measurement of methanol and specified in § 600.109–08(b). § 600.113–12 Fuel economy, CO2 formaldehyde may be omitted for 1993 (vi) When the vehicle reaches zero emissions, and carbon-related exhaust through 1994 model year methanol- speed at the end of the preconditioning emission calculations for FTP, HFET, US06, SC03 and cold temperature FTP tests. fueled vehicles provided a HFID cycle, the driver has 17 seconds to calibrated on methanol is used for prepare for the emission measurement The Administrator will use the measuring HC plus methanol). cycle of the test. calculation procedure set forth in this (iv) The fuel economy measurement (vii) Operate the vehicle over one paragraph for all official EPA testing of cycle of the test includes two seconds of Highway Fuel Economy Driving vehicles fueled with gasoline, diesel, idle indexed at the beginning of the Schedule cycle according to the alcohol-based or natural gas fuel. The second cycle and two seconds of idle dynamometer driving schedule calculations of the weighted fuel indexed at the end of the second cycle. specified in § 600.109–08(b) while economy and carbon-related exhaust (8) If the engine is not running at the sampling the . emission values require input of the initiation of the highway fuel economy (viii) Sampling must begin two weighted grams/mile values for total test (preconditioning cycle), the start-up seconds before beginning the first hydrocarbons (HC), carbon monoxide procedure must be according to the acceleration of the fuel economy (CO), and carbon dioxide (CO2); and, manufacturer’s recommended measurement cycle and must end two additionally for methanol-fueled procedures. False starts and stalls seconds after the end of the deceleration automobiles, methanol (CH3OH) and during the preconditioning cycle must to zero. At the end of the deceleration formaldehyde (HCHO); and, be treated as in § 86.136 of this chapter. to zero speed, the roll or shaft additionally for ethanol-fueled If the vehicle stalls during the revolutions must be recorded. automobiles, methanol (CH3OH), measurement cycle of the highway fuel (10) For alcohol-based dual fuel ethanol (C2H5OH), acetaldehyde economy test, the test is voided, automobiles, the procedures of (C2H4O), and formaldehyde (HCHO); corrective action may be taken § 600.111–08(a) and (b) shall be and additionally for natural gas-fueled according to § 86.1834 of this chapter, performed for each of the fuels on vehicles, non-methane hydrocarbons and the vehicle may be rescheduled for which the vehicle is designed to (NMHC) and methane (CH4). For testing. The person taking the corrective operate. manufacturers selecting the fleet action shall report the action so that the (c) US06 Testing procedures. The test averaging option for N2O and CH4 as test records for the vehicle contain a procedures to be followed for allowed under § 86.1818 of this chapter record of the action. conducting the US06 test are those the calculations of the carbon-related (9) The following steps must be taken prescribed in § 86.159 of this chapter, as exhaust emissions require the input of for each test: applicable. grams/mile values for nitrous oxide (i) Place the drive wheels of the (d) SC03 testing procedures. The test (N2O) and methane (CH4). Emissions vehicle on the dynamometer. The procedures to be followed for shall be determined for the FTP, HFET, vehicle may be driven onto the conducting the SC03 test are prescribed US06, SC03 and cold temperature FTP dynamometer. in §§ 86.160 and 161 of this chapter, as tests. Additionally, the specific gravity, (ii) Open the vehicle engine applicable. carbon weight fraction and net heating compartment cover and position the (e) Cold temperature FTP procedures. value of the test fuel must be cooling fan(s) required. Manufacturers The test procedures to be followed for determined. The FTP, HFET, US06, may request the use of additional conducting the cold temperature FTP SC03 and cold temperature FTP fuel cooling fans or variable speed fan(s) for test are generally prescribed in subpart economy and carbon-related exhaust additional engine compartment or C of part 86 of this chapter, as emission values shall be calculated as under-vehicle cooling and for applicable. For the purpose of fuel specified in this section. An example controlling high tire or brake economy labeling, diesel vehicles are fuel economy calculation appears in temperatures during dynamometer subject to cold temperature FTP testing, Appendix II of this part. operation. With prior EPA approval, but are not required to measure (a) Calculate the FTP fuel economy as manufacturers may perform the test particulate matter, as described in follows: with the engine compartment closed, § 86.210 of this chapter. (1) Calculate the weighted grams/mile e.g. to provide adequate air flow to an (f) Special test procedures. The values for the FTP test for CO2, HC, and intercooler (through a factory installed Administrator may prescribe test CO, and where applicable, CH3OH, hood scoop). Additionally, the procedures, other than those set forth in C2H5OH, C2H4O, HCHO, NMHC, N2O Administrator may conduct fuel this subpart B, for any vehicle which is and CH4 as specified in § 86.144–94(b) economy testing using the additional not susceptible to satisfactory testing of this chapter. Measure and record the

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test fuel’s properties as specified in as specified in § 86.164 of this chapter. (2) Methanol test fuel shall be paragraph (f) of this section. In lieu of directly measuring the analyzed to determine the following fuel (2) Calculate separately the grams/ emissions of the separate city and properties: mile values for the cold transient phase, highway phases of the US06 test (i) Specific gravity using either ASTM stabilized phase and hot transient phase according to the provisions of § 86.159 D 1298–99 (incorporated by reference in of the FTP test. For vehicles with more of this chapter, the manufacturer may, § 600.011) for the blend, or ASTM D than one source of propulsion energy, with the advance approval of the 1298–99 (incorporated by reference at one of which is a rechargeable energy Administrator and using good § 600.011) for the gasoline fuel storage system, or vehicles with special engineering judgment, optionally component and also for the methanol features that the Administrator analytically determine the grams/mile fuel component and combining as determines may have a rechargeable values for the city and highway phases follows. energy source, whose charge can vary of the US06 test. To analytically SG = SGg × volume fraction gasoline + during the test, calculate separately the determine US06 City and US06 SGm × volume fraction methanol. grams/mile values for the cold transient Highway phase emission results, the (ii)(A) Carbon weight fraction using phase, stabilized phase, hot transient manufacturer shall multiply the US06 the following equation: phase and hot stabilized phase of the total grams/mile values determined in CWF = CWFg × MFg + 0.375 × MFm FTP test. paragraph (d)(1) of this section by the (b) Calculate the HFET fuel economy estimated proportion of fuel use for the Where: as follows: city and highway phases relative to the CWFg = Carbon weight fraction of gasoline (1) Calculate the mass values for the total US06 fuel use. The manufacturer portion of blend measured using ASTM highway fuel economy test for HC, CO may estimate the proportion of fuel use D 3343–05 (incorporated by reference in § 600.011). and CO2, and where applicable, CH3OH, for the US06 City and US06 Highway × C H OH, C H O, HCHO, NMHC, N O MFg = Mass fraction gasoline = (G SGg)/ 2 5 2 4 2 phases by using modal CO2, HC, and CO (G × SGg + M × SGm) and CH4 as specified in § 86.144–94(b) emissions data, or by using appropriate MFm = Mass fraction methanol = (M × SGm)/ of this chapter. Measure and record the OBD data (e.g., fuel flow rate in grams (G × SGg + M × SGm) test fuel’s properties as specified in of fuel per second), or another method Where: paragraph (f) of this section. approved by the Administrator. G = Volume fraction gasoline. (2) Calculate the grams/mile values (3) Measure and record the test fuel’s M = Volume fraction methanol. for the highway fuel economy test for properties as specified in paragraph (f) SGg = Specific gravity of gasoline as HC, CO and CO2, and where applicable of this section. measured using ASTM D 1298–99 CH3OH, C2H5OH, C2H4O, HCHO, (e) Calculate the SC03 fuel economy (incorporated by reference in § 600.011). NMHC, N2O and CH4 by dividing the as follows: SGm = Specific gravity of methanol as mass values obtained in paragraph (b)(1) (1) Calculate the grams/mile values measured using ASTM D 1298–99 (incorporated by reference in § 600.011). of this section, by the actual driving for the SC03 test for HC, CO and CO2, distance, measured in miles, as and where applicable, CH3OH, C2H5OH, (B) Upon the approval of the specified in § 86.135 of this chapter. C2H4O, HCHO, NMHC, N2O and CH4 as Administrator, other procedures to (c) Calculate the cold temperature specified in § 86.144–94(b) of this measure the carbon weight fraction of FTP fuel economy as follows: chapter. the fuel blend may be used if the (1) Calculate the weighted grams/mile (2) Measure and record the test fuel’s manufacturer can show that the values for the cold temperature FTP test properties as specified in paragraph (f) procedures are superior to or equally as for HC, CO and CO2, and where of this section. accurate as those specified in this applicable, CH3OH, C2H5OH, C2H4O, (f) Analyze and determine fuel paragraph (f)(2)(ii). HCHO, NMHC, N2O and CH4 as properties as follows: (3) Natural gas test fuel shall be specified in § 86.144–94(b) of this (1) Gasoline test fuel properties shall analyzed to determine the following fuel chapter. For 2008 through 2010 diesel- be determined by analysis of a fuel properties: fueled vehicles, HC measurement is sample taken from the fuel supply. A (i) Fuel composition measured using optional. sample shall be taken after each ASTM D 1945–03 (incorporated by (2) Calculate separately the grams/ addition of fresh fuel to the fuel supply. reference in § 600.011). mile values for the cold transient phase, Additionally, the fuel shall be (ii) Specific gravity measured as based stabilized phase and hot transient phase resampled once a month to account for on fuel composition per ASTM D 1945– of the cold temperature FTP test in any fuel property changes during 03 (incorporated by reference in § 86.244 of this chapter. storage. Less frequent resampling may § 600.011). (3) Measure and record the test fuel’s be permitted if EPA concludes, on the (iii) Carbon weight fraction, based on properties as specified in paragraph (f) basis of manufacturer-supplied data, the carbon contained only in the of this section. that the properties of test fuel in the hydrocarbon constituents of the fuel. (d) Calculate the US06 fuel economy manufacturer’s storage facility will This equals the weight of carbon in the as follows: remain stable for a period longer than hydrocarbon constituents divided by the (1) Calculate the total grams/mile one month. The fuel samples shall be total weight of fuel. values for the US06 test for HC, CO and analyzed to determine the following fuel (iv) Carbon weight fraction of the fuel, CO2, and where applicable, CH3OH, properties: which equals the total weight of carbon C2H5OH, C2H4O, HCHO, NMHC, N2O (i) Specific gravity measured using in the fuel (i.e., includes carbon and CH4 as specified in § 86.144–94(b) ASTM D 1298–99 (incorporated by contained in hydrocarbons and in CO2) of this chapter. reference in § 600.011). divided by the total weight of fuel. (2) Calculate separately the grams/ (ii) Carbon weight fraction measured (4) Ethanol test fuel shall be analyzed mile values for HC, CO and CO2, and using ASTM D 3343–05 (incorporated to determine the following fuel where applicable, CH3OH, C2H5OH, by reference in § 600.011). properties: C2H4O, HCHO, NMHC, N2O and CH4, (iii) Net heating value (Btu/lb) (i) Specific gravity using either ASTM for both the US06 City phase and the determined using ASTM D 3338–09 D 1298–99 (incorporated by reference in US06 Highway phase of the US06 test (incorporated by reference in § 600.011). § 600.011) for the blend, or ASTM D

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1298–99 (incorporated by reference at (ii) If the emission values (obtained (f) of this section) shall be recorded § 600.011) for the gasoline fuel per paragraph (a) through (e) of this using three places to the right of the component and also for the methanol section, as applicable) were not decimal point. The net heating value fuel component and combining as obtained from testing with aged exhaust (obtained per paragraph (f) of this follows: emission control components as section) shall be recorded to the nearest SG = SGg × volume fraction gasoline + allowed under § 86.1823 of this chapter, whole Btu/lb. SGm × volume fraction ethanol. then these test values shall be adjusted (4) For the purpose of determining the (ii)(A) Carbon weight fraction using by the appropriate deterioration factor applicable in-use CO2 exhaust emission the following equation: determined according to § 86.1823 of standard under § 86.1818 of this this chapter before being used in the CWF = CWFg × MFg + 0.521 × MFe chapter, the combined city/highway calculations of carbon-related exhaust carbon-related exhaust emission value Where: emissions in this section. For vehicles for a vehicle subconfiguration is CWFg = Carbon weight fraction of gasoline within a test group, the appropriate calculated by arithmetically averaging portion of blend measured using ASTM NMOG deterioration factor may be used the FTP-based city and HFET-based D 3343–05 (incorporated by reference in in lieu of the deterioration factors for highway carbon-related exhaust § 600.011). MFg = Mass fraction gasoline=(G × SGg)/(G CH3OH, C2H5OH, and/or C2H4O emission values, as determined in × SGg + E × SGm) emissions. § 600.113–12(a) and (b) of this section MFe = Mass fraction ethanol=(E × SGm)/(G (iii) The emission values determined for the subconfiguration, weighted 0.55 × SGg + E × SGm) in paragraph (g)(2)(i) or (ii) of this and 0.45 respectively, and rounded to Where: section shall be rounded in accordance the nearest tenth of a gram per mile. G = Volume fraction gasoline. with § 86.1837 of this chapter. The CO2 (h)(1) For gasoline-fueled automobiles E = Volume fraction ethanol. values (obtained per this section, as tested on a test fuel specified in § 86.113 SGg = Specific gravity of gasoline as applicable) used in each calculation of of this chapter, the fuel economy in measured using ASTM D 1298–99 carbon-related exhaust emissions in this miles per gallon is to be calculated (incorporated by reference in § 600.011). section shall be rounded to the nearest using the following equation and SGm = Specific gravity of ethanol as gram/mile. rounded to the nearest 0.1 miles per measured using ASTM D 1298–99 (iv) For manufacturers complying (incorporated by reference in § 600.011). gallon: with the fleet averaging option for N2O mpg = (5174 × 104 × CWF × SG)/[((CWF (B) Upon the approval of the and CH4 as allowed under § 86.1818 of × HC) + (0.429 × CO) + (0.273 × Administrator, other procedures to this chapter, N2O and CH4 emission CO )) × ((0.6 × SG × NHV) + 5471)] measure the carbon weight fraction of values for use in the calculation of 2 the fuel blend may be used if the carbon-related exhaust emissions in this Where: manufacturer can show that the section shall be the values determined HC = Grams/mile HC as obtained in procedures are superior to or equally as according to paragraph (g)(2)(iv)(A), (B), paragraph (g) of this section. accurate as those specified in this or (C) of this section. CO = Grams/mile CO as obtained in paragraph (f)(4)(ii). (A) The FTP and HFET test values as paragraph (g) of this section. (g) Calculate separate FTP, highway, CO2 = Grams/mile CO2 as obtained in determined for the emission data paragraph (g) of this section. US06, SC03 and Cold temperature FTP vehicle according to the provisions of CWF = Carbon weight fraction of test fuel as fuel economy and carbon-related § 86.1835 of this chapter. These values obtained in paragraph (g) of this section. exhaust emissions from the grams/mile shall apply to all vehicles tested under NHV = Net heating value by mass of test fuel values for total HC, CO, CO2 and, where this section that are included in the test as obtained in paragraph (g) of this applicable, CH3OH, C2H5OH, C2H4O, group represented by the emission data section. SG = Specific gravity of test fuel as obtained HCHO, NMHC, N2O, and CH4, and the vehicle and shall be adjusted by the test fuel’s specific gravity, carbon appropriate deterioration factor in paragraph (g) of this section. weight fraction, net heating value, and determined according to § 86.1823 of (2)(i) For 2012 and later model year additionally for natural gas, the test this chapter before being used in the gasoline-fueled automobiles tested on a fuel’s composition. calculations of carbon-related exhaust test fuel specified in § 86.113 of this (1) Emission values for fuel economy emissions in this section, except that in- chapter, the carbon-related exhaust calculations. The emission values use test data shall not be adjusted by a emissions in grams per mile is to be (obtained per paragraph (a) through (e) deterioration factor. calculated using the following equation of this section, as applicable) used in (B) The FTP and HFET test values as and rounded to the nearest 1 gram per the calculations of fuel economy in this determined according to testing mile: section shall be rounded in accordance conducted under the provisions of this CREE = (CWF/0.273 × HC) + (1.571 × with § 86.1837 of this chapter. The CO2 subpart. These values shall be adjusted CO) + CO2 values (obtained per this section, as by the appropriate deterioration factor Where: applicable) used in each calculation of determined according to § 86.1823 of fuel economy in this section shall be CREE means the carbon-related exhaust this chapter before being used in the emissions as defined in § 600.002. rounded to the nearest gram/mile. calculations of carbon-related exhaust HC = Grams/mile HC as obtained in (2) Emission values for carbon-related emissions in this section, except that in- paragraph (g) of this section. exhaust emission calculations. (i) If the use test data shall not be adjusted by a CO = Grams/mile CO as obtained in emission values (obtained per paragraph deterioration factor. paragraph (g) of this section. (a) through (e) of this section, as (C) For the 2012 through 2014 model CO2 = Grams/mile CO2 as obtained in applicable) were obtained from testing years only, manufacturers may use an paragraph (g) of this section. CWF = Carbon weight fraction of test fuel as with aged exhaust emission control assigned value of 0.010 g/mi for N2O components as allowed under § 86.1823 FTP and HFET test values. This value is obtained in paragraph (g) of this section. of this chapter, then these test values not required to be adjusted by a (ii) For manufacturers complying with shall be used in the calculations of deterioration factor. the fleet averaging option for N2O and carbon-related exhaust emissions in this (3) The specific gravity and the carbon CH4 as allowed under § 86.1818 of this section. weight fraction (obtained per paragraph chapter, the carbon-related exhaust

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emissions in grams per mile for 2012 CH4 as allowed under § 86.1818 of this CREE = (CWFexHC/0.273 × HC) + (1.571 and later model year gasoline-fueled chapter, the carbon-related exhaust × CO) + (1.374 × CH3OH) + (1.466 automobiles tested on a test fuel emissions in grams per mile for 2012 × HCHO) + CO2 specified in § 86.113 of this chapter is and later model year diesel-fueled Where: to be calculated using the following automobiles is to be calculated using the CREE means the carbon-related exhaust equation and rounded to the nearest 1 following equation and rounded to the emission value as defined in § 600.002– gram per mile: nearest 1 gram per mile: 08. × CREE = [(CWF/0.273) NMHC] + (1.571 CREE = (3.172 × NMHC) + (1.571 × CO) CWFexHC = Carbon weight fraction of exhaust × CO) + CO2 + (298 × N2O) + (25 hydrocarbons = CWF as determined in + CO2 + (298 × N2O) + (25 × CH4) × CH4) paragraph (f)(2)(ii) of this section (for Where: M100 fuel, CWF = 0.866). Where: exHC CREE means the carbon-related exhaust HC = Grams/mile HC as obtained in CREE means the carbon-related exhaust emissions as defined in § 600.002–08. paragraph (g) of this section. emissions as defined in § 600.002–08. NMHC = Grams/mile NMHC as obtained in CO = Grams/mile CO as obtained in NMHC = Grams/mile NMHC as obtained in paragraph (g) of this section. paragraph (g) of this section. paragraph (g) of this section. CO = Grams/mile CO as obtained in CO2 = Grams/mile CO2 as obtained in CO = Grams/mile CO as obtained in paragraph (g) of this section. paragraph (g) of this section. paragraph (g) of this section. CO2 = Grams/mile CO2 as obtained in CH3OH = Grams/mile CH3OH (methanol) as CO2 = Grams/mile CO2 as obtained in paragraph (g) of this section. obtained in paragraph (d) of this section. paragraph (g) of this section. N O= Grams/mile N O as obtained in HCHO = Grams/mile HCHO (formaldehyde) N O = Grams/mile N O as obtained in 2 2 2 2 paragraph (g) of this section. as obtained in paragraph (g) of this paragraph (g) of this section. CH = Grams/mile CH as obtained in section. CH = Grams/mile CH as obtained in 4 4 4 4 paragraph (g) of this section. paragraph (g) of this section. (ii) For manufacturers complying with CWF = Carbon weight fraction of test fuel as (j)(1) For methanol-fueled the fleet averaging option for N2O and obtained in paragraph (g) of this section. automobiles and automobiles designed CH4 as allowed under § 86.1818 of this (i)(1) For diesel-fueled automobiles, to operate on mixtures of gasoline and chapter, the carbon-related exhaust calculate the fuel economy in miles per methanol, the fuel economy in miles per emissions in grams per mile for 2012 gallon of diesel fuel by dividing 2,778 gallon is to be calculated using the and later model year methanol-fueled by the sum of three terms and rounding following equation: automobiles and automobiles designed the quotient to the nearest 0.1 mile per to operate on mixtures of gasoline and mpg = (CWF × SG × 3781.8)/((CWF × gallon: exHC methanol is to be calculated using the HC) + (0.429 × CO) + (0.273 × CO2) (i)(A) 0.866 multiplied by HC (in × × following equation and rounded to the grams/miles as obtained in paragraph (g) + (0.375 CH3OH) + (0.400 nearest 1 gram per mile: of this section), or HCHO)) CREE = [(CWF /0.273) × NMHC] + (B) Zero, in the case of cold FTP Where: exHC (1.571 × CO) + (1.374 × CH OH) + diesel tests for which HC was not CWF = Carbon weight fraction of the fuel as 3 (1.466 × HCHO) + CO2 + (298 × collected, as permitted in § 600.113– determined in paragraph (f)(2)(ii) of this × 08(c); section. N2O) + (25 CH4) (ii) 0.429 multiplied by CO (in grams/ SG = Specific gravity of the fuel as Where: mile as obtained in paragraph (g) of this determined in paragraph (f)(2)(i) of this CREE means the carbon-related exhaust section); and section. emissions as defined in § 600.002–08. CWFexHC = Carbon weight fraction of exhaust (iii) 0.273 multiplied by CO2 (in CWFexHC = Carbon weight fraction of exhaust grams/mile as obtained in paragraph (g) hydrocarbons = CWF as determined in hydrocarbons = CWF as determined in paragraph (f)(2)(ii) of this section (for of this section). paragraph (f)(2)(ii) of this section (for M100 fuel, CWFexHC = 0.866). (2)(i) For 2012 and later model year M100 fuel, CWFexHC = 0.866). HC = Grams/mile HC as obtained in NMHC = Grams/mile HC as obtained in diesel-fueled automobiles, the carbon- paragraph (g) of this section. related exhaust emissions in grams per paragraph (g) of this section. CO = Grams/mile CO as obtained in CO = Grams/mile CO as obtained in mile is to be calculated using the paragraph (g) of this section. paragraph (g) of this section. CO2 = Grams/mile CO2 as obtained in following equation and rounded to the CO2 = Grams/mile CO2 as obtained in nearest 1 gram per mile: paragraph (g) of this section. paragraph (g) of this section. CH3OH = Grams/mile CH3OH (methanol) as CREE = (3.172 × HC) + (1.571 × CO) + CH3OH = Grams/mile CH3OH (methanol) as obtained in paragraph (d) of this section. CO2 obtained in paragraph (d) of this section. HCHO = Grams/mile HCHO (formaldehyde) HCHO = Grams/mile HCHO (formaldehyde) Where: as obtained in paragraph (g) of this as obtained in paragraph (g) of this CREE means the carbon-related exhaust section. section. emissions as defined in § 600.002–08. (2)(i) For 2012 and later model year N2O= Grams/mile N2O as obtained in HC = Grams/mile HC as obtained in paragraph (g) of this section. methanol-fueled automobiles and paragraph (g) of this section. CH4 = Grams/mile CH4 as obtained in CO = Grams/mile CO as obtained in automobiles designed to operate on paragraph (g) of this section. paragraph (g) of this section. mixtures of gasoline and methanol, the CO2 = Grams/mile CO2 as obtained in carbon-related exhaust emissions in (k)(1) For automobiles fueled with paragraph (g) of this section. grams per mile is to be calculated using natural gas, the fuel economy in miles (ii) For manufacturers complying with the following equation and rounded to per gallon of natural gas is to be the fleet averaging option for N2O and the nearest 1 gram per mile: calculated using the following equation:

CWF×× D 121. 5 mpg = HC/NG NG e ()× +×()+×+×−() 0.(. 749CH4 CWFNMHC NMHC 0 429 COO).()0 273 CO22 CO NG

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Where: kPa)] pressure as obtained in paragraph as determined from the speciated fuel (g) of this section. composition per paragraph (f)(3) of this mpge = miles per gasoline gallon equivalent of natural gas. CH4, NMHC, CO, and CO2 = weighted mass section. CO2NG = grams of carbon dioxide in the CWFHC/NG = carbon weight fraction based on exhaust emissions [grams/mile] for the hydrocarbon constituents in the methane, non-methane HC, carbon natural gas fuel consumed per mile of natural gas fuel as obtained in paragraph monoxide, and carbon dioxide as travel. (g) of this section calculated in § 600.113. CO2NG = FCNG × DNG × WFCO2 DNG = density of the natural gas fuel [grams/ CWFNMHC = carbon weight fraction of the ft3 at 68 °F (20 °C) and 760 mm Hg (101.3 non-methane HC constituents in the fuel Where:

()0.( 749× CH+×() CWF NMHC+×+×0. 429 CO)() 0.273 CO FC = 4NMHC 2 NG × CWFNGGNGD

= cubic feet of natural gas fuel consumed per CH4 = Grams/mile CH4 as obtained in carbon-related exhaust emissions in mile paragraph (g) of this section. grams per mile is to be calculated using Where: NMHC = Grams/mile NMHC as obtained in the following equation and rounded to paragraph (g) of this section. CWFNG = the carbon weight fraction of the the nearest 1 gram per mile: CO = Grams/mile CO as obtained in natural gas fuel as calculated in × paragraph (f) of this section. paragraph (g) of this section. CREE = (CWFexHC/0.273 HC) + (1.571 × × WFCO2 = weight fraction carbon dioxide of CO2 = Grams/mile CO2 as obtained in CO) + (1.374 CH3OH) + (1.466 the natural gas fuel calculated using the paragraph (g) of this section. × HCHO) + (1.911 × C2H5OH) + CWFNMHC = carbon weight fraction of the mole fractions and molecular weights of (1.998 × C2H4O) + CO2 the natural gas fuel constituents per non-methane HC constituents in the fuel Where: ASTM D 1945–03 (incorporated by as determined from the speciated fuel reference in § 600.011). composition per paragraph (f)(3) of this CREE means the carbon-related exhaust section. emission value as defined in § 600.002– (2)(i) For automobiles fueled with N2O = Grams/mile N2O as obtained in 08. natural gas, the carbon-related exhaust paragraph (g) of this section. CWFexHC = Carbon weight fraction of exhaust emissions in grams per mile is to be (l)(1) For ethanol-fueled automobiles hydrocarbons = CWF as determined in paragraph (f)(4) of this section. calculated for 2012 and later model year and automobiles designed to operate on vehicles using the following equation HC = Grams/mile HC as obtained in mixtures of gasoline and ethanol, the paragraph (g) of this section. and rounded to the nearest 1 gram per fuel economy in miles per gallon is to mile: CO = Grams/mile CO as obtained in be calculated using the following paragraph (g) of this section. × CREE = 2.743 CH4 + CWFNMHC/0.273 equation: CO2 = Grams/mile CO2 as obtained in × NMHC + 1.571 × CO + CO2 paragraph (g) of this section. mpg = (CWF × SG × 3781.8)/((CWFexHC Where: × HC) + (0.429 × CO) + (0.273 × CH3OH = Grams/mile CH3OH (methanol) as obtained in paragraph (d) of this section. CREE means the carbon-related exhaust CO2) + (0.375 × CH3OH) + (0.400 × × HCHO = Grams/mile HCHO (formaldehyde) emission value as defined in § 600.002– HCHO) + (0.521 C2H5OH) + (0.545 as obtained in paragraph (g) of this × 08. C2H4O)) section. CH4 = Grams/mile CH4 as obtained in Where: C2H5OH = Grams/mile C2H5OH (ethanol) as paragraph (g) of this section. obtained in paragraph (d) of this section. CWF = Carbon weight fraction of the fuel as NMHC = Grams/mile NMHC as obtained in C H O = Grams/mile C H O (acetaldehyde) determined in paragraph (f)(4) of this 2 4 2 4 paragraph (g) of this section. as obtained in paragraph (d) of this section. CO = Grams/mile CO as obtained in section. paragraph (g) of this section. SG = Specific gravity of the fuel as CO2 = Grams/mile CO2 as obtained in determined in paragraph (f)(4) of this (ii) For manufacturers complying with the paragraph (g) of this section. section. fleet averaging option for N2O and CH4 as CWFNMHC = carbon weight fraction of the CWFexHC = Carbon weight fraction of exhaust allowed under § 86.1818 of this chapter, the non-methane HC constituents in the fuel hydrocarbons = CWF as determined in carbon-related exhaust emissions in grams as determined from the speciated fuel paragraph (f)(4) of this section. per mile for 2012 and later model year composition per paragraph (f)(3) of this HC = Grams/mile HC as obtained in methanol-fueled automobiles and section. paragraph (g) of this section. automobiles designed to operate on mixtures CO = Grams/mile CO as obtained in of gasoline and methanol is to be calculated (ii) For manufacturers complying with paragraph (g) of this section. using the following equation and rounded to the fleet averaging option for N2O and CO2= Grams/mile CO2 as obtained in the nearest 1 gram per mile:

CH4 as allowed under § 86.1818 of this paragraph (g) of this section. CREE = [(CWFexHC/0.273) × NMHC] + (1.571 chapter, the carbon-related exhaust CH3OH = Grams/mile CH3OH (methanol) as × CO) + (1.374 × CH3OH) + (1.466 × emissions in grams per mile for 2012 obtained in paragraph (d) of this section. HCHO) + (1.911 × C2H5OH) + (1.998 × and later model year automobiles fueled HCHO = Grams/mile HCHO (formaldehyde) C2H4O) + CO2 + (298 × N2O) + (25 × CH4) as obtained in paragraph (g) of this with natural gas is to be calculated Where: using the following equation and section. C2H5OH = (ethanol) as obtained in paragraph CREE means the carbon-related exhaust rounded to the nearest 1 gram per mile: (d) of this section. emission value as defined in § 600.002– CREE = (25 × CH4) + [(CWFNMHC/0.273) C2H4O = Grams/mile C2H4O (acetaldehyde) 08. × NMHC] + (1.571 × CO) + CO2 + as obtained in paragraph (d) of this CWFexHC = Carbon weight fraction of exhaust hydrocarbons = CWF as determined in (298 × N2O) section. paragraph (f)(4) of this section. Where: (2)(i) For 2012 and later model year NMHC = Grams/mile HC as obtained in CREE means the carbon-related exhaust methanol-fueled automobiles and paragraph (g) of this section. emission value as defined in § 600.002– automobiles designed to operate on CO = Grams/mile CO as obtained in 08. mixtures of gasoline and methanol, the paragraph (g) of this section.

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CO2 = Grams/mile CO2 as obtained in which may be set equal to zero for CREECDGAS = The carbon-related exhaust paragraph (g) of this section. eligible 2012 through 2016 model year emissions determined for charge- CH3OH = Grams/mile CH3OH (methanol) as electric vehicles for a certain number of depleting operation determined obtained in paragraph (d) of this section. vehicles produced and delivered for sale according to the provisions of this HCHO = Grams/mile HCHO (formaldehyde) as described in § 86.1866–12(a) of this section for the applicable fuel and as obtained in paragraph (g) of this chapter. according to procedures established by section. CREEUP = 0.7670 × EC, and the Administrator under § 600.111–08(f); × C2H5OH = Grams/mile C2H5OH (ethanol) as CREEGAS = 0.2485 TargetCO2, and obtained in paragraph (d) of this section. Where: ECF = Electricity consumption factor as C2H4O = Grams/mile C2H4O (acetaldehyde) determined by the Administrator under as obtained in paragraph (d) of this EC = The vehicle energy consumption in § 600.111–08(f). watt-hours per mile, determined section. according to procedures established by (3) For 2012 and later model year fuel N O = Grams/mile N O as obtained in 2 2 the Administrator under § 600.111–08(f). cell vehicles, the carbon-related exhaust paragraph (g) of this section. TargetCO = The CO Target Value emissions in grams per mile shall be CH = Grams/mile CH as obtained in 2 2 4 4 determined according to § 86.1818 of this paragraph (g) of this section. calculated using the method specified in chapter for passenger automobiles and paragraph (m)(1) of this section, except (m) Manufacturers shall determine light trucks, respectively. that CREEUP shall be determined CO2 emissions and carbon-related (2) For 2012 and later model year according to procedures established by exhaust emissions for electric vehicles, plug-in hybrid electric vehicles, the the Administrator under § 600.111– fuel cell vehicles, and plug-in hybrid carbon-related exhaust emissions in 08(f). As described in § 86.1866 of this electric vehicles according to the grams per mile is to be calculated using chapter the value of CREE may be set provisions of this paragraph (m). Subject the following equation and rounded to equal to zero for a certain number of to the limitations on the number of the nearest one gram per mile: 2012 through 2016 model year fuel cell vehicles produced and delivered for sale CREE = CREE + CREE , vehicles. as described in § 86.1866 of this chapter, CD CS Where: (n) Equations for fuels other than the manufacturer may be allowed to use those specified in paragraphs (h) a value of 0 grams/mile to represent the CREE means the carbon-related exhaust emission value as defined in § 600.002– through (l) of this section may be used emissions of fuel cell vehicles and the with advance EPA approval. Alternate proportion of electric operation of 08. CREECS = The carbon-related exhaust calculation methods for fuel economy electric vehicles and plug-in hybrid emissions determined for charge- and carbon-related exhaust emissions electric vehicles that is derived from sustaining operation according to may be used in lieu of the methods electricity that is generated from sources procedures established by the described in this section if shown to that are not onboard the vehicle, as Administrator under § 600.111–08(f); yield equivalent or superior results and described in paragraphs (m)(1) through and if approved in advance by the CREE = (ECF × CREE ) + [(1¥ECF) (3) of this section. For purposes of CD CDEC Administrator. labeling under this part, the CO × CREECDGAS] 2 33. A new § 600.114–12 is added to emissions for electric vehicles shall be Where: read as follows: 0 grams per mile. Similarly, the CO2 CREECD = The carbon-related exhaust emissions for plug-in hybrid electric emissions determined for charge- § 600.114–12 Vehicle-specific 5-cycle fuel vehicles shall be 0 grams per mile for depleting operation determined economy and carbon-related exhaust the proportion of electric operation that according to the provisions of this emission calculations. is derived from electricity that is section for the applicable fuel and Paragraphs (a) through (c) of this generated from sources that are not according to procedures established by the Administrator under § 600.111–08(f); section apply to data used for fuel onboard the vehicle. economy labeling under subpart D of CREECDEC = The carbon-related exhaust (1) For 2012 and later model year this part. Paragraphs (d) through (f) of electric vehicles, but not including fuel emissions determined for electricity consumption during charge-depleting this section are used to calculate 5-cycle cell vehicles, the carbon-related exhaust operation, which shall be determined CO2 and carbon-related exhaust emissions in grams per mile is to be using the method specified in paragraph emission values for the purpose of calculated using the following equation (m)(1) of this section and according to determining optional credits for CO2- and rounded to the nearest one gram per procedures established by the reducing technologies under § 86.1866 mile: Administrator under § 600.111–08(f), of this chapter. and which may be set equal to zero for CREE = CREEUP ¥ CREEGAS a certain number of 2012 through 2016 (a) City fuel economy. For each Where: model year vehicles produced and vehicle tested under § 600.010(c)(i) and CREE means the carbon-related exhaust delivered for sale as described in (ii), determine the 5-cycle city fuel emission value as defined in § 600.002, § 86.1866 of this chapter; economy using the following equation:

1 ()1 CityFE =× 0 . 905 Start FC + Running FC

Where:

⎛ ×+× ⎞ ()076..StartFuel75 024 StarrtFuel20 ()i StartFC ( gallonspermile).=×033 ⎜ ⎟ ⎝ 41. ⎠

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Where:

⎛ ⎞ =×11 − Start Fuelx 36. ⎜ ⎟ ⎝ Bag 1 FExx Bag 3 FE ⎠

Where: Bag Y FEX = the fuel economy in miles per the FTP test conducted at an ambient gallon of fuel during the specified bag of temperature of 75 °F or 20 °F, and,

⎢ 048.. 041 011 .⎥ ⎢ 05.. 05 ⎥ ()ii RunningFC = 082. ×++⎢ ⎥ +×018. ⎢ + ⎥ ⎣ Bag275 FE Bag375 FE US06 CityFFE⎦ ⎣ Bag275 FE Bag320 FE ⎦

⎡ 11 ⎛ 061..039 ⎞⎤ +×× 0.. 133 1 083 ⎢ −+⎜ ⎟⎥ ⎣⎢ SC03 FE⎝ Bag375 FE Bag275 ⎠⎦⎥

Where: HFET FE = fuel economy in miles per gallon (b) Highway fuel economy. (1) For US06 City FE = fuel economy in miles per over the HFET test, each vehicle tested under § 600.010– gallon over the ‘‘city’’ portion of the US06 SC03 FE = fuel economy in miles per gallon 08(a) and (c)(1)(ii)(B), determine the 5- test, over the SC03 test. cycle highway fuel economy using the following equation:

1 Highway FE =×0. 905 Start FC + Running FC

Where:

⎛ × +× ⎞ ()076..StartFuel75 () 024 StartFuel20 ()i StartFC =×033 . ⎜⎜⎜ ⎟ ⎝ 60 ⎠

Where:

⎛ ⎞ =×11 − Start Fuelx 36. ⎜ ⎟ ⎝ Bag 1 FExx Bag 3 FE ⎠

and,

⎡ 079..021 ⎤ ⎡ 1 ⎛ 061..039 ⎞⎤ (ii) RunningFC =1. 007 ×+⎢ ⎥ + 00133..×× 0 377 ⎢ −⎜ + ⎟⎥⎥ ⎣US06 HighwayFE HFETFE ⎦ ⎣⎢ SC03 FE⎝ Bag375 FE Bag275 FE ⎠⎥⎦

Where: (2) If the condition specified in tests, and applies mathematic US06 Highway FE = fuel economy in mile § 600.115–08(b)(2)(iii)(B) is met, in lieu adjustments for Cold FTP and SC03 per gallon over the highway portion of of using the calculation in paragraph conditions: the US06 test, (b)(1) of this section, the manufacturer (i) Perform a US06 test in addition to HFET FE = fuel economy in mile per gallon may optionally determine the highway the FTP and HFET tests. over the HFET test, fuel economy using the following (ii) Determine the 5-cycle highway SC03 FE = fuel economy in mile per gallon modified 5-cycle equation which fuel economy according to the following over the SC03 test. utilizes data from FTP, HFET, and US06 formula:

1 Highway FE =×0. 905 Start FC + Running FC

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Where:

()0.. 005515+× 1 13637 StartFuel ()A StartFC =×033 . 75 60

Where:

⎛ ⎞ =×11 − StartFuel75 36. ⎜ ⎟ ⎝ Bag 1 FE75 Bag 3 FE 75 ⎠

Bag y FE75 = the fuel economy in miles per the FTP test conducted at an ambient (B) gallon of fuel during the specified bag of temperature of 75 °F.

⎡ 079..021 ⎤ ⎡ ⎛ 0. 1357 ⎞⎤ (B) RunningFC =1. 007×+⎢ ⎥ + ⎢0..377×× 0 . 133⎜ 0 . 00540 + ⎟⎥ ⎣US06 HighwayFE HFETFE ⎦ ⎣ ⎝ US06 FE ⎠⎦

Where: test methods which require FTP manufacturers may use the equations in US06 Highway FE = fuel economy in miles emission sampling for the 75 °F FTP test paragraphs (a) and (b) of this section to per gallon over the highway portion of over four phases (bags) of the UDDS determine city and highway fuel the US06 test. (cold-start, transient, warm-start, economy estimates. If this method is HFET FE = fuel economy in miles per gallon over the HFET test. transient). Optionally, these four phases chosen, it must be used to determine US06 FE = fuel economy in miles per gallon may be combined into two phases both city and highway fuel economy. over the entire US06 test. (phases 1 + 2 and phases 3 + 4). Optionally, the following calculations (c) Fuel economy calculations for Calculations for these sampling methods may be used, provided that they are hybrid electric vehicles. Under the follow. used to determine both city and requirements of § 86.1811, hybrid (1) Four-bag FTP equations. If the highway fuel economy: electric vehicles are subject to California 4-bag sampling method is used, (i) City fuel economy.

1 City FE =×0. 905 (Start FC + Running FC)

Where:

⎛ ×+× ⎞ ()076..StartFuel75 024 StarrtFuel20 ()A StartFC ( gallonspermile).=×033 ⎜ ⎟ ⎝ 41. ⎠

Where:

⎢ ⎥ ⎢ ⎥ =×11 − +× 1 − 1 (1) StartFuel75 36..⎢ ⎥ 39 ⎢ ⎥ ⎣ Bag13 FE75 Bag FE 75⎦ ⎣ Bag2 FE 7557Bag4 FE 5⎦

and

⎢ 11⎥ (2) StartFuel20=× 3. 6 ⎢ − ⎥ ⎣ Bag13 FE20 Bag FE20 ⎦

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⎢ 048.. 041 011. ⎥ ⎡ 05.. 05 ⎤ ()B RunningFC( gallonspermile) = 082. ×+⎢ + ⎥ +×018. ⎢ + ⎥⎥ ⎣ Bag475 FE Bag375 FFE US06 CityFE⎦ ⎣ Bag220 FE Bag320 FE ⎦

⎡ 1 ⎛ 061..039 ⎞⎤ +×× 0.. 133 1 083 ⎢ −⎜ + ⎟⎥ ⎢⎢⎣ SC03 FE⎝ Bag375 FE Bag475 FE ⎠⎦⎥

Where: of the FTP test conducted at an ambient SC03 FE = fuel economy in miles per gallon temperature X of 75 °F or 20 °F. BagYXFE = the fuel economy in miles per over the SC03 test. gallon of fuel during the specified bag Y US06 City FE = fuel economy in miles per gallon over the city portion of the US06 (ii) Highway fuel economy. test.

1 Highway FE =×0. 905 Start FC + Running FC

Where:

⎛ × +× ⎞ ()076..StartFuel75 () 024 StartFuel20 ()A StartFC =×033 . ⎜⎜⎜ ⎟ ⎝ 60 ⎠

Where:

⎡ ⎤ ⎡ ⎤ =×11 − +× 1 − 1 Start Fuel75 36..⎢ ⎥ 39 ⎢ ⎥ ⎣Bag 1 FE75 Bag 3 FE 75 ⎦ ⎣ Bag 2 FFE75 Bag 4 FE75 ⎦

⎡ ⎤ =×11 − Start Fuel20 36. ⎢ ⎥ ⎣Bag 1 FE20 Bag 3 FE 20 ⎦

⎡ 079..021 ⎤ ⎡ 1 ⎛ 061..039 ⎞⎤ (B) RunningFC =1. 007×+⎢ ⎥ + 0..133×× 1 . 083 ⎢ −⎜ + ⎟⎥ ⎣US06 HighwayFE HFETFE ⎦ ⎣⎢ SC03 FE⎝ Bag375 FE Bag475 FE ⎠⎦⎥⎥

Where: (2) Two-bag FTP equations. If the (i) City fuel economy. US06 Highway FE = fuel economy in miles 2-bag sampling method is used for the per gallon over the Highway portion of ° 75 F FTP test, it must be used to =× 1 the US06 test. determine both city and highway fuel CityFE 0. 905 HFET FE = fuel economy in miles per gallon Start FC + Running FC over the HFET test. economy. The following calculations Where: SC03 FE = fuel economy in miles per gallon must be used to determine both city and over the SC03 test. highway fuel economy:

⎛ × +× ⎞ ()076..StartFuel75 () 024 StartFuel20 ()A StartFC =×033 . ⎜ ⎟ ⎝⎝ 41. ⎠

Where:

⎡ ⎤ =×11 − Start Fuel75 75. ⎢ ⎥ ⎣Bag 1/2 FE75 Bag 3/4 FE 75 ⎦

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⎡ ⎤ =×11 − Start Fuel20 36. ⎢ ⎥ ⎣Bag 1 FE20 Bag 3 FE 20 ⎦

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

⎢ 090. 010. ⎥ ⎡ 05.. 05 ⎤ ⎡ 1 ⎛ 10. ⎞⎤ ()B RunningFC = 082. ×+⎢ ⎥ + 01. 88×+⎢ ⎥ +××0.. 133 1 083 ⎢ −⎜ ⎟⎥ ⎣ Bag34/ 75 FE US06 CityFE ⎦ ⎣ Bag220 FE Bag320 FE⎦ ⎣⎢ SC03 FE⎝ BaggFE34/ 75 ⎠⎦⎥

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

1 HighwayFE =×0. 905 Start FC + Running FC

Where:

⎛ × +× ⎞ ()076..StartFuel75 () 024 StartFuel20 ()A StartFC =×033 . ⎜⎜⎜ ⎟ ⎝ 60 ⎠

Where:

⎡ ⎤ =×11 − Start Fuel75 75. ⎢ ⎥ ⎣Bag 1/2 FE75 Bag 3/4 FE 75 ⎦

and

⎡ ⎤ =×11 − Start Fuel20 36. ⎢ ⎥ ⎣Bag 1 FE20 Bag 3 FE 20 ⎦

and

⎡ 079..021 ⎤ ⎡ 1 ⎛ 10. ⎞⎤ (B) RunningFC =1. 007×+⎢ ⎥ + 0..133×× 1 . 083 ⎢ −⎜ ⎟⎥ ⎣US06 HighwayFE HFETFE ⎦ ⎣⎢ SC03 FE⎝ Bag34/ 75 FE ⎠⎦⎥

Where: Bag x/y FEX= fuel economy in miles per (b)(2)(ii)(A) of this section, applies US06 Highway FE = fuel economy in miles gallon of fuel during phases 1 and 2 or except that the equation for Start Fuel75 per gallon over the city portion of the phases 3 and 4 of the FTP test conducted will be replaced with one of the US06 test, at an ambient temperature of 75 °F. SC03 FE = fuel economy in miles per gallon following: over the SC03 test. (3) For hybrid electric vehicles using (i) The equation for Start Fuel for the modified 5-cycle highway 75 Bag y FE20= the fuel economy in miles per hybrids tested according to the 4-bag calculation in paragraph (b)(2) of this gallon of fuel during Bag 1 or Bag 3 of FTP is: the 20 °F FTP test. section, the equation in paragraph

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⎡ ⎤ ⎡ ⎤ =× 11− +× 1 − 1 Start Fuel75 36..⎢ ⎥ 39 ⎢ ⎥ ⎣Bag 1 FE 7575 Bag 3 FE 75 ⎦ ⎣ Bag 2 FE75 Bag 4 FE75 ⎦

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

⎡ ⎤ =×11 − Start Fuel75 75. ⎢ ⎥ ⎣Bag 1/2 FE75 Bag 3/4 FE 75 ⎦

(d) City CO2 emissions and carbon- exhaust emissions using the following Where: related exhaust emissions. For each equation: (i) StartCREE = vehicle tested, determine the 5-cycle (1) CityCREE = 0.905 × (StartCREE + city CO2 emissions and carbon-related RunningCREE)

⎛ ()×+× ⎞ 076..StartCREE75 024 StartCREE20 033. ×⎜ ⎟ ⎝ 41. ⎠

Where: Bag375CREE) + (0.39 × grams/mile values instead of CREE Start CREEX = 3.6 × (Bag 1 CREEX ¥ Bag 3 Bag275CREE))] values in the equations in paragraph CREE ) X Where: (d)(1) of this section. Where: BagYXCREE = carbon-related exhaust (e) Highway CO2 emissions and Bag Y CREEX = the carbon-related exhaust emissions in grams per mile during the emissions in grams per mile over Bag Y carbon-related exhaust emissions. For specified bag of the FTP test conducted at temperature X. each vehicle tested, determine the at an ambient temperature of 75 °F or 20 US06 City CREE = carbon-related exhaust 5-cycle highway carbon-related exhaust °F. emissions in grams per mile over the emissions using the following equation: ‘‘city’’ portion of the US06 test. (ii) Running CREE = SC03 CREE = carbon-related exhaust HighwayCREE = 0.905 × (StartCREE + 0.82 × [(0.48 × Bag275CREE) + (0.41 × × emissions in grams per mile over the RunningCREE) Bag375CREE) + (0.11 US06 City SC03 test. CREE)] + 0.18 × [(0.5 × Bag220CREE) Where: + (0.5 × Bag320CREE)] + 0.144 × (2) To determine the City CO2 (1) StartCREE = [SC03 CREE ¥ ((0.61 × emissions, use the appropriate CO2

⎛ ()×+× ⎞ 076..StartCREE75 024 StartCREE20 =×033. ⎜ ⎟ ⎝ 60 ⎠

Where: (3) To deterine the Highway CO2 manufacturers may use the equations in StartCREEX = 3.6 × (Bag1CREEX ¥ emissions, use the appropriate CO2 paragraphs (a) and (b) of this section to Bag3CREEX) grams/mile values instead of CREE determine city and highway CO2 and (2) Running CREE = values in the equations in paragraphs carbon-related exhaust emissions 1.007 × [(0.79 × US06 HighwayCREE) + (0.21 (e)(1) and (2) of this section. values. If this method is chosen, it must × × ¥ HFETCREE)] + 0.045 [SC03CREE (f) CO2 and carbon-related exhaust × × be used to determine both city and ((0.61 Bag375CREE) + (0.39 emissions calculations for hybrid highway CO emissions and carbon- Bag2 CREE))] 2 75 electric vehicles. Hybrid electric related exhaust emissions. Optionally, Where: vehicles shall be tested according to the following calculations may be used, BagYXCREE = carbon-related exhaust California test methods which require provided that they are used to ° emissions in grams per mile over Bag Y FTP emission sampling for the 75 F determine both city and highway CO2 at temperature X, FTP test over four phases (bags) of the and carbon-related exhaust emissions US06 Highway CREE = carbon-related UDDS (cold-start, transient, warm-start, values: exhaust emissions in grams per mile over transient). Optionally, these four phases the highway portion of the US06 test, (i) City CO2 emissions and carbon- HFET CREE = carbon-related exhaust may be combined into two phases related exhaust emissions. (phases 1 + 2 and phases 3 + 4). emissions in grams per mile over the CityCREE = 0.905 × (StartCREE + Calculations for these sampling methods HFET test, RunningCREE) SC03 CREE = carbon-related exhaust follow. emissions in grams per mile over the (1) Four-bag FTP equations. If the Where: SC03 test. 4-bag sampling method is used, (A) StartCREE =

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⎛ ()×+× ⎞ 076..StartCREE75 024 StartCREE20 033. ×⎜ ⎟ ⎝ 41. ⎠

Where: ((0.61 × Bag375CREE) (0.39 × SC03 CREE = carbon-related exhaust Bag475CREE))] (1) StartCREE75 = emissions in grams per mile over the 3.6 × (Bag 1CREE75 ¥ Bag3CREE75) + 3.9 × Where: SC03 test. (Bag2CREE75 ¥ Bag4CREE75) US06 Highway CREE = carbon-related (ii) Highway CO emissions and and exhaust emissions in grams per mile over 2 the city portion of the US06 test. carbon-related exhaust emissions. (2) StartCREE20 = × ¥ US06 Highway CREE = carbon-related × = 3.6 (Bag1CREE20 Bag3CREE20) exhaust emissions in grams per miles per HighwayCREE = 0.905 (StartCREE + (B) RunningCREE = gallon over the Highway portion of the RunningCREE) × × × 0.82 [(0.48 Bag475CREE) + (0.41 US06 test. × Where: Bag375CREE) + (0.11 US06 CityCREE)] HFET CREE = carbon-related exhaust (A) StartCREE = + 0.18 × [(0.5 × Bag220CREE) + (0.5 × emissions in grams per mile over the Bag320 CREE)] + 0.144 × [SC03CREE ¥ HFET test.

⎛ ()×+× ⎞ 076..StartCREE75 024 StartCREE20 =×033. ⎜ ⎟ ⎝ 60 ⎠

Where: US06 Highway CREE = carbon-related emissions and carbon-related exhaust exhaust emissions in grams per mile over Start CREE75 = 3.6 × (Bag1CREE75 ¥ emissions. The following calculations the Highway portion of the US06 test, Bag3CREE75) + 3.9 × (Bag2CREE ¥ must be used to determine both city and 75 HFET CREE = carbon-related exhaust Bag4CREE75) emissions in grams per mile over the highway CO2 emissions and carbon- and HFET test, related exhaust emissions: Start CREE20 = 3.6 × (Bag1CREE20 ¥ SC03 CREE = carbon-related exhaust (i) City CO2 emissions and carbon- Bag3CREE20) emissions in grams per mile over the related exhaust emissions. (B) RunningCREE = 1.007 × [(0.79 × US06 SC03 test. × × Highway CREE) + (0.21 HFET CREE)] (2) Two-bag FTP equations. If the CityCREE = 0.905 (StartCREE + × ¥ × + 0.045 [SC03CREE ((0.61 2-bag sampling method is used for the RunningCREE) × Bag375CREE) + (0.39 Bag475CREE))] 75 °F FTP test, it must be used to Where: Where: determine both city and highway CO2 (A) StartCREE =

⎛ ()×+× ⎞ 076..StartCREE75 024 StartCREE20 =×033. ⎜ ⎟ ⎝ 41. ⎠

Where: phases 3 and 4 of the FTP test conducted Bag X/Y FE75 = carbon-related exhaust ° StartCREE75 = 3.6 × (Bag1/2CREE75 ¥ at an ambient temperature of 75 F. emissions in grams per mile of fuel Bag3/4CREE ) (B) RunningCREE = 0.82 × [(0.90 × during combined phases 1 and 2 or 75 × and Bag3/475CREE) + (0.10 US06CityCREE)] phases 3 and 4 of the FTP test conducted × × × StartCREE20 = 3.6 × (Bag1CREE20 ¥ + 0.18 [(0.5 Bag220CREE) + (0.5 ° × ¥ at an ambient temperature of 75 F. Bag3CREE20) Bag320CREE)] + 0.144 [SC03CREE Where: (Bag3/475CREE)] (ii) Highway CO2 emissions and carbon- Bag Y FE20 = the carbon-related exhaust Where: related exhaust emissions. emissions in grams per mile of fuel US06 City CREE = carbon-related exhaust during Bag 1 or Bag 3 of the 20 °F FTP emissions in grams per mile over the city HighwayCREE = 0.905 × (StartCREE + test, and portion of the US06 test, and RunningCREE) Bag X/Y FE75 = carbon-related exhaust SC03 CREE = carbon-related exhaust emissions in grams per mile of fuel emissions in grams per mile over the Where: during combined phases 1 and 2 or SC03 test, and (A) StartCREE =

⎛ ()×+× ⎞ 076..StartCREE75 024 StartCREE20 033. ×⎜ ⎟ ⎝ 60 ⎠

Where: StartCREE20 = 3.6 × (Bag1CREE20 ¥ Where: × ¥ Bag3CREE20) StartCREE75 = 7.5 (Bag1/2CREE75 × × US06 Highway CREE = carbon-related Bag3/4CREE ) (B) RunningCREE = 1.007 [(0.79 exhaust emissions in grams per mile over 75 US06HighwayCREE) + (0.21 × and the city portion of the US06 test, and HFETCREE)] + 0.045 × [SC03CREE ¥ Bag3/475CREE]

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SC03 CREE = carbon-related exhaust for determining fuel economy label (a) City fuel economy criterion. (1) For emissions in gram per mile over the values, as specified in § 600.210– each test group certified for emission SC03 test, and 08(a)(2) or (b)(2) or § 600.210–12(a)(2) or compliance under § 86.1848 of this Bag Y FE = the carbon-related exhaust 20 (b)(2), as applicable, may be used to chapter, the FTP, HFET, US06, SC03 emissions in grams per mile of fuel determine label values. Separate criteria during Bag 1 or Bag 3 of the 20 °F FTP and Cold FTP tests determined to be test, and apply to city and highway fuel economy official under § 86.1835 of this chapter for each test group. The provisions of Bag X/Y FE75 = carbon-related exhaust are used to calculate the vehicle-specific emissions in grams per mile of fuel this section are optional. If this option 5-cycle city fuel economy which is then during phases 1 and 2 or phases 3 and is not chosen, or if the criteria provided compared to the derived 5-cycle city 4 of the FTP test conducted at an in this section are not met, fuel fuel economy, as follows: ambient temperature of 75 °F. economy label values must be (i) The vehicle-specific 5-cycle city (3) To determine the City and determined according to the vehicle- specific 5-cycle method specified in fuel economy from the official FTP, Highway CO2 emissions, use the § 600.210–08(a)(1) or (b)(1) or HFET, US06, SC03 and Cold FTP tests appropriate CO2 grams/mile values instead of CREE values in the equations § 600.210–12(a)(1) or (b)(1), as for the test group is determined in paragraphs (f)(1) and (2) of this applicable. However, dedicated according to the provisions of section. alternative-fuel vehicles, dual fuel § 600.114–08(a) or (c) or § 600.114–12(a) 34. Section 600.115–08 is vehicles when operating on the or (c) and rounded to the nearest one redesignated as § 600.115–11 and is alternative fuel, plug-in hybrid electric tenth of a mile per gallon. vehicles, MDPVs, and vehicles imported revised to read as follows: (ii) Using the same FTP data as used by Independent Commercial Importers in paragraph (a)(1)(i) of this section, the § 600.115–11 Criteria for determining the may use the derived 5-cycle method for corresponding derived 5-cycle city fuel fuel economy label calculation method. determining fuel economy label values This section provides the criteria to whether or not the criteria provided in economy is calculated according to the determine if the derived 5-cycle method this section are met. following equation:

1 Derived 5-cycle city fuel economy = ⎛ {City SSlope}⎞ ⎜{}City Intercept + ⎟ ⎝ FTP FE ⎠

Where: 08(a)(2) or (b)(2) or § 600.210–12(a)(2) or highway fuel economy labeling method City Intercept = Intercept determined by the (b)(2), as applicable. as follows: Administrator. See § 600.210–08(a)(2)(iii) (b) Highway fuel economy criterion. (i) For each test group certified for or § 600.210–12(a)(2)(iii). The determination for highway fuel emission compliance under § 86.1848 of City Slope = Slope determined by the economy depends upon the outcome of this chapter, the FTP, HFET, US06, Administrator. See § 600.210–08(a)(2)(iii) or § 600.210–12(a)(2)(ii). the determination for city fuel economy SC03 and Cold FTP tests determined to FTP FE = the FTP-based city fuel economy in paragraph (a)(3) of this section for be official under § 86.1835 of this from the official test used for each test group. chapter are used to calculate the certification compliance, determined (1) If the city determination for a test vehicle-specific 5-cycle highway fuel under § 600.113–08(a), rounded to the group made in paragraph (a)(3) of this economy, which is then compared to nearest tenth. section does not allow the use of the the derived 5-cycle highway fuel (2) The derived 5-cycle fuel economy derived 5-cycle method, then the economy, as follows: value determined in paragraph (a)(1)(ii) highway fuel economy values for all (A) The vehicle-specific 5-cycle of this section is multiplied by 0.96 and model types represented by the test highway fuel economy from the official rounded to the nearest one tenth of a group are likewise not allowed to be FTP, HFET, US06, SC03 and Cold FTP mile per gallon. determined using the derived 5-cycle tests for the test group is determined (3) If the vehicle-specific 5-cycle city method, and must be determined according to the provisions of fuel economy determined in paragraph according to the vehicle-specific 5-cycle § 600.114–08(b)(1) or § 600.114–12(b)(1) (a)(1)(i) of this section is greater than or method specified in § 600.210–08(a)(1) and rounded to the nearest one tenth of equal to the value determined in or (b)(1) or § 600.210–12(a)(1) or (b)(1), a mile per gallon. paragraph (a)(2) of this section, then the as applicable. (B) Using the same HFET data as used manufacturer may base the city fuel (2) If the city determination made in in paragraph (b)(2)(i)(A) of this section, economy estimates for the model types paragraph (a)(3) of this section allows the corresponding derived 5-cycle covered by the test group on the derived the use of the derived 5-cycle method, highway fuel economy is calculated 5-cycle method specified in § 600.210– a separate determination is made for the using the following equation:

1 Derived 5-cycle highway fuel economy = ⎛ {{}Highway Slope ⎞ ⎜{}Highway Intercept + ⎟ ⎝ HFET FE ⎠

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Where: official test determinations under making a best effort to follow the Highway Intercept = Intercept determined by § 86.1835. Adjustments and/or specified driving schedule. the Administrator. See § 600.210– substitutions to the official test data may (B) This recorded sequence of driving 08(a)(2)(iii) or § 600.210–12(a)(2)(iii). be made with advance approval of the speeds becomes the driving schedule for Highway Slope = Slope determined by the Administrator. Administrator. See § 600.210–08(a)(2)(iii) the test vehicle. Apply the end-of-test or § 600.210–12(a)(2)(iii). 35. A new § 600.116–12 is added to criterion based on point at which the HFET FE = the HFET-based highway fuel subpart B to read as follows: vehicle can no longer meet the specified economy determined under § 600.113– § 600.116–12 Special procedures related to speed tolerances over this new driving 08(b), rounded to the nearest tenth. electric vehicles and plug-in hybrid electric schedule. The driving to establish the (ii) The derived 5-cycle highway fuel vehicles. new driving schedule may be done economy calculated in paragraph (a) Determine fuel economy label separately, or as part of the (b)(2)(i)(B) of this section is multiplied values for electric vehicles as specified measurement procedure. by 0.95 and rounded to the nearest one in §§ 600.210 and 600.311 using the (2) Soak time between repeat duty tenth of a mile per gallon. procedures of SAE J1634 (incorporated cycles (four-bag FTP, HFET, etc.) may be (iii)(A) If the vehicle-specific 5-cycle by reference in § 600.011), with the up to 30 minutes. No recharging may highway fuel economy of the vehicle following clarifications and occur during the soak time. tested in paragraph (b)(2)(i)(A) of this modifications: (3) Recharging the vehicle’s battery section is greater than or equal to the (1) Use one of the following must start within three hours after the value determined in paragraph (b)(2)(ii) approaches to define end-of-test criteria end of testing. of this section, then the manufacturer for vehicles whose maximum speed is may base the highway fuel economy (4) Do not apply the C coefficient less than the maximum speed specified estimates for the model types covered adjustment specified in Section 4.4.2. in the driving schedule, where the by the test group on the derived 5-cycle (5) We may approve alternate vehicle’s maximum speed is method specified in § 600.210–08(a)(2) measurement procedures with respect to determined, to the nearest 0.1 mph, or (b)(2) or § 600.210–12(a)(2) or (b)(2), electric vehicles if they are necessary or as applicable. from observing the highest speed over appropriate for meeting the objectives of (B) If the vehicle-specific 5-cycle the first duty cycle (FTP, HFET, etc.): this part. (i) If the vehicle can follow the highway fuel economy determined in (b) Determine fuel economy label paragraph (b)(2)(i)(A) of this section is driving schedule within the speed tolerances specified in § 86.115 of this values for plug-in hybrid electric less than the value determined in vehicles as specified in §§ 600.210 and paragraph (b)(2)(ii) of this section, the chapter up to its maximum speed, the end-of-test criterion is based on the 600.311 using the procedures of SAE manufacturer may determine the J1711 (incorporated by reference in highway fuel economy for the model point at which the vehicle can no longer meet the specified speed tolerances up § 600.011), with the following types covered by the test group on the clarifications and modifications: modified 5-cycle equation specified in to and including its maximum speed. § 600.114–08(b)(2) or § 600.114–12(b)(2). (ii) If the vehicle cannot follow the (1) Calculate a composite value for (c) The manufacturer will apply the driving schedule within the speed fuel economy and CO2 emissions criteria in paragraph (a) and (b) of this tolerances specified in § 86.115 of this representing combined operation during section to every test group for each chapter up to its maximum speed, the charge-deplete and charge-sustain model year. end-of-test criterion is based on the operation as follows: (d) The tests used to make the following procedure: (i) Apply the following utility factors evaluations in paragraphs (a) and (b) of (A) Measure and record the vehicle’s except as specified in this paragraph this section will be the procedures for speed (to the nearest 0.1 mph) while (b)(1):

TABLE 1 OF § 600.116–12—FTP PHASE-SPECIFIC UTILITY FACTORS

Urban Driving, ‘‘City’’ Phase Distance, Cumulative Seq. UF mi UF

1 ...... 3.59 0.125 0.125 2 ...... 7.45 0.243 0.118 3 ...... 11 .04 0.340 0.096 4 ...... 14 .9 0.431 0.091 5 ...... 18 .49 0.505 0.074 6 ...... 22 .35 0.575 0.070 7 ...... 25 .94 0.632 0.057 8 ...... 29 .8 0.685 0.054 9 ...... 33 .39 0.729 0.044 10 ...... 37 .25 0.770 0.041 11 ...... 40 .84 0.803 0.033 12 ...... 44 .7 0.834 0.031 13 ...... 48 .29 0.859 0.025 14 ...... 52 .15 0.882 0.023 15 ...... 55 .74 0.900 0.018 16 ...... 59 .6 0.917 0.017

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TABLE 2 OF § 600.116–12—HFED CYCLE-SPECIFIC UTILITY FACTORS

Highway Driving HFEDS Distance, Cumulative Seq. UF mi UF

1 ...... 10.3 0.125 0.125 2 ...... 20.6 0.252 0.127 3 ...... 30.9 0.378 0.126 4 ...... 41.2 0.500 0.121 5 ...... 51.5 0.610 0.111 6 ...... 61.8 0.707 0.097 7 ...... 72.1 0.787 0.080

(ii) You may combine phases during Do this consistently throughout a test schedule, where the vehicle’s maximum FTP testing. For example, you may treat run. speed is determined, to the nearest 0.1 the first 7.45 miles as a single phase by (iii) Calculate utility factors using the mph, from observing the highest speed adding the individual utility factors for following equation for vehicles whose over the first duty cycle (FTP, HFET, that portion of driving and assigning maximum speed is less than the etc.): emission levels to the combined phase. maximum speed specified in the driving

⎡ ⎤ ⎛ k ⎛⎛ ⎞ j ⎞⎞ n ⎢ ⎜ di ⎟⎥ UF=−1 e ∑⎜⎜ ⎟ ×CUF⎟ − ∑ − i ⎢ ⎜ ⎜⎝ ⎠ j ⎟⎟⎥ i 1 ⎣ ⎝ j=1⎝ ND ⎠⎠⎦ i=11

Where: (3) Use the vehicle’s Actual Charge- § 600.207–93 UFi = the utility factor for phase i. Let UF0 Depleting Range, Rcda, as specified in § 600.208–77 = 0. Section 6.1.3 for evaluating the end-of- § 600.209–85 j = A counter to identify the appropriate term test criterion. § 600.209–95 in the summation (with terms numbered (4) Measure and record AC watt-hours consecutively). throughout the recharging procedure. § 600.211–08 k = the number of terms in the equation (see 38. Section 600.206–12 is revised to Table 3 of this section). Position the measurement downstream read as follows: di = the distance driven in phase i. of all charging devices to account for any losses in the charging system. ND = the normalized distance. Use 399 for § 600.206–12 Calculation and use of FTP- both FTP and HFET operation. (5) We may approve alternate based and HFET-based fuel economy, CO2 Cj = the coefficient for term j from the measurement procedures with respect to emissions, and carbon-related exhaust following table: plug-in hybrid electric vehicles if they emission values for vehicle configurations. are necessary or appropriate for meeting TABLE 3 OF § 600.116–12—CITY/ the objectives of this part. (a) Fuel economy, CO2 emissions, and HIGHWAY SPECIFIC UTILITY FACTOR carbon-related exhaust emissions values COEFFICIENTS Subpart C— Procedures for determined for each vehicle under Calculating Fuel Economy and Carbon- § 600.113–08(a) and (b) and as approved Coefficient City Hwy Related Exhaust Emission Values in § 600.008(c), are used to determine FTP-based city, HFET-based highway, C1 ...... 14.86 4.80 36. The heading for subpart C is and combined FTP/Highway-based fuel C2 ...... 2.97 13.00 revised as set forth above. economy, CO2 emissions, and carbon- C3 ...... ¥84.05 ¥65.00 § 600.201–08, § 600.201–12, § 600.201–86, related exhaust emission values for each C4 ...... 153.70 120.00 § 600.201–93, § 600.202–77, § 600.203–77, vehicle configuration for which data are C5 ...... ¥43.59 ¥100.00 § 600.204–77, § 600.205–77, § 600.206–86, available. C6 ...... ¥96.94 31.00 § 600.206–93, § 600.207–86, § 600.207–93, C7 ...... 14.47 (1) If only one set of FTP-based city § 600.208–77, § 600.209–85, § 600.209–95 C8 ...... 91.70 and HFET-based highway fuel economy [Removed] C9 ...... ¥46.36 values is accepted for a vehicle 37. Subpart C is amended by configuration, these values, rounded to n = the number of test phases (or bag removing the following sections: the nearest tenth of a mile per gallon, measurements) before the vehicle § 600.201–08 comprise the city and highway fuel reaches the end-of-test criterion. § 600.201–12 economy values for that configuration. If (2) The end-of-test criterion is based § 600.201–86 only one set of FTP-based city and on a 1 percent Net Energy Change as § 600.201–93 HFET-based highway CO2 emissions specified in Section 3.8. The § 600.202–77 and carbon-related exhaust emission Administrator may approve alternate § 600.203–77 values is accepted for a vehicle Net Energy Change tolerances as § 600.204–77 configuration, these values, rounded to specified in Section 3.9.1 or Appendix § 600.205–77 the nearest gram per mile, comprise the C if the 1 percent threshold is § 600.206–86 city and highway CO2 emissions and insufficient or inappropriate for marking § 600.206–93 carbon-related exhaust emission values the end of charge-deplete operation. § 600.207–86 for that configuration.

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(2) If more than one set of FTP-based configuration is calculated by (2) If more than one set of 5-cycle city city and HFET-based highway fuel arithmetically averaging the FTP-based and highway fuel economy and CO2 economy and/or carbon-related exhaust city and HFET-based highway carbon- emission values are accepted for a emission values are accepted for a related exhaust emission values, as vehicle configuration: vehicle configuration: determined in paragraph (a)(1) or (2) of (i) All data shall be grouped according (i) All data shall be grouped according this section, weighted 0.55 and 0.45 to the subconfiguration for which the to the subconfiguration for which the respectively, and rounded to the nearest data were generated using sales data were generated using sales tenth of gram per mile. projections supplied in accordance with projections supplied in accordance with (4) For alcohol dual fuel automobiles § 600.209–12(a)(3). § 600.208–12(a)(3). and natural gas dual fuel automobiles (ii) Within each subconfiguration of (ii) Within each group of data, all fuel the procedures of paragraphs (a)(1) or data, all fuel economy values are economy values are harmonically (2) of this section, as applicable, shall be harmonically averaged and rounded to averaged and rounded to the nearest used to calculate two separate sets of the nearest 0.0001 of a mile per gallon 0.0001 of a mile per gallon and all CO2 FTP-based city, HFET-based highway, in order to determine 5-cycle city and emissions and carbon-related exhaust and combined values for fuel economy, highway fuel economy values for each emission values are arithmetically CO2 emissions, and carbon-related subconfiguration at which the vehicle averaged and rounded to the nearest exhaust emissions for each configuration was tested, and all CO2 tenth of a gram per mile in order to configuration. emissions values are arithmetically determine FTP-based city and HFET- (i) Calculate the city, highway, and averaged and rounded to the nearest based highway fuel economy, CO2 combined fuel economy, CO2 emissions, tenth of gram per mile to determine emissions, and carbon-related exhaust and carbon-related exhaust emission 5-cycle city and highway CO2 emission emission values for each values from the tests performed using values for each subconfiguration at subconfiguration at which the vehicle gasoline or diesel test fuel. which the vehicle configuration was configuration was tested. (ii) Calculate the city, highway, and tested. (iii) All FTP-based city fuel economy, combined fuel economy, CO2 emissions, (iii) All 5-cycle city fuel economy CO2 emissions, and carbon-related and carbon-related exhaust emission values and all 5-cycle highway fuel exhaust emission values and all HFET- values from the tests performed using economy values calculated in paragraph based highway fuel economy and alcohol or natural gas test fuel. (a)(2)(ii) of this section are (separately carbon-related exhaust emission values (b) If only one equivalent petroleum- for city and highway) averaged in calculated in paragraph (a)(2)(ii) of this based fuel economy value exists for an proportion to the sales fraction (rounded section are (separately for city and electric vehicle configuration, that to the nearest 0.0001) within the vehicle highway) averaged in proportion to the value, rounded to the nearest tenth of a configuration (as provided to the sales fraction (rounded to the nearest mile per gallon, will comprise the Administrator by the manufacturer) of 0.0001) within the vehicle configuration petroleum-based fuel economy for that vehicles of each tested subconfiguration. (as provided to the Administrator by the configuration. The resultant values, rounded to the manufacturer) of vehicles of each tested (c) If more than one equivalent nearest 0.0001 mile per gallon, are the subconfiguration. Fuel economy values petroleum-based fuel economy value 5-cycle city and 5-cycle highway fuel shall be harmonically averaged, and CO2 exists for an electric vehicle economy values for the vehicle emissions and carbon-related exhaust configuration, all values for that vehicle configuration. emission values shall be arithmetically configuration are harmonically averaged (iv) All 5-cycle city CO2 emission averaged. The resultant fuel economy and rounded to the nearest 0.0001 mile values and all 5-cycle highway CO2 values, rounded to the nearest 0.0001 per gallon for that configuration. emission values calculated in paragraph mile per gallon, are the FTP-based city 39. A new § 600.207–12 is added to (a)(2)(ii) of this section are (separately and HFET-based highway fuel economy read as follows: for city and highway) averaged in values for the vehicle configuration. The proportion to the sales fraction (rounded resultant CO2 emissions and carbon- § 600.207–12 Calculation and use of to the nearest 0.0001) within the vehicle related exhaust emission values, vehicle-specific 5-cycle-based fuel configuration (as provided to the rounded to the nearest tenth of a gram economy and CO2 emission values for Administrator by the manufacturer) of vehicle configurations. per mile, are the FTP-based city and vehicles of each tested subconfiguration. HFET-based highway CO2 emissions (a) Fuel economy and CO2 emission The resultant values, rounded to the and carbon-related exhaust emission values determined for each vehicle nearest 0.1 grams per mile, are the under § 600.114 and as approved in values for the vehicle configuration. 5-cycle city and 5-cycle highway CO2 (3)(i) For the purpose of determining § 600.008(c), are used to determine emission values for the vehicle average fuel economy under § 600.510, vehicle-specific 5-cycle city and configuration. the combined fuel economy value for a highway fuel economy and CO2 (3) [Reserved] vehicle configuration is calculated by emission values for each vehicle (4) For alcohol dual fuel automobiles harmonically averaging the FTP-based configuration for which data are and natural gas dual fuel automobiles city and HFET-based highway fuel available. the procedures of paragraphs (a)(1) and economy values, as determined in (1) If only one set of 5-cycle city and (2) of this section shall be used to paragraph (a)(1) or (2) of this section, highway fuel economy and CO2 calculate two separate sets of 5-cycle weighted 0.55 and 0.45 respectively, emission values is accepted for a vehicle city and highway fuel economy and CO2 and rounded to the nearest 0.0001 mile configuration, these values, where fuel emission values for each configuration. per gallon. A sample of this calculation economy is rounded to the nearest tenth (i) Calculate the 5-cycle city and appears in Appendix II of this part. of a mile per gallon and the CO2 highway fuel economy and CO2 (ii) For the purpose of determining emission value in grams per mile is emission values from the tests average carbon-related exhaust rounded to the nearest whole number, performed using gasoline or diesel test emissions under § 600.510, the comprise the city and highway fuel fuel. combined carbon-related exhaust economy and CO2 emission values for (ii)(A) Calculate the 5-cycle city and emission value for a vehicle that configuration. highway fuel economy and CO2

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emission values from the tests name appears on the label and on the and combined fuel economy, CO2 performed using alcohol or natural gas vehicle bearing that label; emissions, and carbon-related exhaust test fuel, if 5-cycle testing has been (ii) The subconfigurations included in emissions for each base level. performed. Otherwise, the procedure in the new base levels are not included in (6) [Reserved] § 600.210–12(a)(3) or (b)(3) applies. any other base level which differs only (7) For alcohol dual fuel automobiles (b) If only one equivalent petroleum- by basic engine (i.e., they are not and natural gas dual fuel automobiles, based fuel economy value exists for an included in the calculation of the the procedures of paragraphs (a)(1) electric configuration, that value, original base level fuel economy values); through (6) of this section shall be used rounded to the nearest tenth of a mile and to calculate two separate sets of city, per gallon, will comprise the petroleum- (iii) All subconfigurations within the highway, and combined fuel economy, based 5-cycle fuel economy for that new base level are represented by test CO2 emissions, and carbon-related configuration. data in accordance with exhaust emissions for each base level. (c) If more than one equivalent § 600.010(c)(1)(ii). (i) Calculate the city, highway, and petroleum-based 5-cycle fuel economy (3) The manufacturer shall supply combined fuel economy, CO2 emissions, value exists for an electric vehicle total model year sales projections for and carbon-related exhaust emissions configuration, all values for that vehicle each car line/vehicle subconfiguration from the tests performed using gasoline configuration are harmonically averaged combination. or diesel test fuel. (i) Sales projections must be supplied (ii) Calculate the city, highway, and and rounded to the nearest 0.0001 mile separately for each car line-vehicle combined fuel economy, CO emissions, per gallon for that configuration. 2 subconfiguration intended for sale in and carbon-related exhaust emissions 40. Section 600.208–12 is revised to California and each car line/vehicle from the tests performed using alcohol read as follows: subconfiguration intended for sale in or natural gas test fuel. § 600.208–12 Calculation of FTP-based the rest of the states if required by the (b) For each model type, as and HFET-based fuel economy, CO2 Administrator under paragraph (a)(1) of determined by the Administrator, a city, emissions, and carbon-related exhaust this section. highway, and combined fuel economy emissions for a model type. (ii) Manufacturers shall update sales value, CO2 emission value, and a projections at the time any model type carbon-related exhaust emission value (a) Fuel economy, CO2 emissions, and carbon-related exhaust emissions for a value is calculated for a label value. will be calculated by using the projected base level are calculated from vehicle (iii) The provisions of paragraph (a)(3) sales and values for fuel economy, CO2 of this section may be satisfied by emissions, and carbon-related exhaust configuration fuel economy, CO2 emissions, and carbon-related exhaust providing an amended application for emissions for each base level within the emissions as determined in § 600.206– certification, as described in § 86.1844 model type. Separate model type 12(a), (b), or (c) as applicable, for low- of this chapter. calculations will be done based on the (4) Vehicle configuration fuel altitude tests. vehicle configuration fuel economy, CO2 economy, CO emissions, and carbon- (1) If the Administrator determines 2 emissions, and carbon-related exhaust related exhaust emissions, as emissions as determined in § 600.206– that automobiles intended for sale in the determined in § 600.206–12 (a), (b) or State of California and in section 177 12 (a), (b) or (c), as applicable. (c), as applicable, are grouped according (1) If the Administrator determines states are likely to exhibit significant to base level. that automobiles intended for sale in the differences in fuel economy, CO 2 (i) If only one vehicle configuration State of California and in section 177 emissions, and carbon-related exhaust within a base level has been tested, the states are likely to exhibit significant emissions from those intended for sale fuel economy, CO2 emissions, and differences in fuel economy, CO in other states, she will calculate fuel 2 carbon-related exhaust emissions from emissions, and carbon-related exhaust economy, CO emissions, and carbon- 2 that vehicle configuration will emissions from those intended for sale related exhaust emissions for each base constitute the fuel economy, CO2 in other states, he or she will calculate level for vehicles intended for sale in emissions, and carbon-related exhaust values for fuel economy, CO emissions, California and in section 177 states and 2 emissions for that base level. and carbon-related exhaust emissions for each base level for vehicles intended (ii) If more than one vehicle for each model type for vehicles for sale in the rest of the states. configuration within a base level has intended for sale in California and in (2) In order to highlight the fuel been tested, the vehicle configuration section 177 states and for each model efficiency, CO2 emissions, and carbon- fuel economy values are harmonically type for vehicles intended for sale in the related exhaust emissions of certain averaged in proportion to the respective rest of the states. designs otherwise included within a sales fraction (rounded to the nearest (2) The sales fraction for each base model type, a manufacturer may wish to 0.0001) of each vehicle configuration level is calculated by dividing the subdivide a model type into one or more and the resultant fuel economy value projected sales of the base level within additional model types. This is rounded to the nearest 0.0001 mile per the model type by the projected sales of accomplished by separating gallon; and the vehicle configuration the model type and rounding the subconfigurations from an existing base CO2 emissions and carbon-related quotient to the nearest 0.0001. level and placing them into a new base exhaust emissions are arithmetically (3)(i) The FTP-based city fuel level. The new base level is identical to averaged in proportion to the respective economy values of the model type the existing base level except that it sales fraction (rounded to the nearest (calculated to the nearest 0.0001 mpg) shall be considered, for the purposes of 0.0001) of each vehicle configuration are determined by dividing one by a this paragraph, as containing a new and the resultant carbon-related exhaust sum of terms, each of which basic engine. The manufacturer will be emission value rounded to the nearest corresponds to a base level and which permitted to designate such new basic tenth of a gram per mile. is a fraction determined by dividing: engines and base level(s) if: (5) The procedure specified in (A) The sales fraction of a base level; (i) Each additional model type paragraph (a)(1) through (4) of this by resulting from division of another model section will be repeated for each base (B) The FTP-based city fuel economy type has a unique car line name and that level, thus establishing city, highway, value for the respective base level.

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(ii) The FTP-based city carbon-related for each base level for vehicles intended averaged in proportion to the respective exhaust emission value of the model for sale in California and for each base sales fraction (rounded to the nearest type (calculated to the nearest gram per level for vehicles intended for sale in 0.0001) of each vehicle configuration mile) are determined by a sum of terms, the rest of the states. and the resultant fuel economy value each of which corresponds to a base (2) In order to highlight the fuel rounded to the nearest 0.0001 mile per level and which is a product determined efficiency and CO2 emissions of certain gallon. by multiplying: designs otherwise included within a (iii) If more than one vehicle (A) The sales fraction of a base level; model type, a manufacturer may wish to configuration within a base level has by subdivide a model type into one or more been tested, the vehicle configuration (B) The FTP-based city carbon-related additional model types. This is CO2 emission values are arithmetically exhaust emission value for the accomplished by separating averaged in proportion to the respective respective base level. subconfigurations from an existing base sales fraction (rounded to the nearest (iii) The FTP-based city CO2 level and placing them into a new base 0.0001) of each vehicle configuration emissions of the model type (calculated level. The new base level is identical to and the resultant CO2 emission value to the nearest gram per mile) are the existing base level except that it rounded to the nearest 0.1 gram per determined by a sum of terms, each of shall be considered, for the purposes of mile. which corresponds to a base level and this paragraph, as containing a new (5) The procedure specified in which is a product determined by basic engine. The manufacturer will be § 600.209–12 (a) will be repeated for multiplying: permitted to designate such new basic each base level, thus establishing city (A) The sales fraction of a base level; engines and base level(s) if: and highway fuel economy and CO2 by (i) Each additional model type emission values for each base level. (B) The FTP-based city CO2 emissions resulting from division of another model (6) [Reserved] for the respective base level. type has a unique car line name and that (7) For alcohol dual fuel automobiles (4) The procedure specified in name appears on the label and on the and natural gas dual fuel automobiles, paragraph (b)(3) of this section is vehicle bearing that label; the procedures of paragraphs (a)(1) repeated in an analogous manner to (ii) The subconfigurations included in through (6) of this section shall be used determine the highway and combined the new base levels are not included in to calculate two separate sets of city, fuel economy, CO2 emissions, and any other base level which differs only highway, and combined fuel economy carbon-related exhaust emissions for the by basic engine (i.e., they are not and CO2 emission values for each base model type. included in the calculation of the level. (5) For alcohol dual fuel automobiles original base level fuel economy values); (i) Calculate the city and highway fuel and natural gas dual fuel automobiles, and economy and CO2 emission values from the procedures of paragraphs (b)(1) (iii) All subconfigurations within the the tests performed using gasoline or through (4) of this section shall be used new base level are represented by test diesel test fuel. to calculate two separate sets of city, data in accordance with § 600.010(c)(ii). (ii) If 5-cycle testing was performed highway, and combined fuel economy (3) The manufacturer shall supply on the alcohol or natural gas test fuel, values and two separate sets of city, total model year sales projections for calculate the city and highway fuel economy and CO2 emission values from highway, and combined CO2 and each car line/vehicle subconfiguration carbon-related exhaust emission values combination. the tests performed using alcohol or for each model type. (i) Sales projections must be supplied natural gas test fuel. (i) Calculate the city, highway, and separately for each car line-vehicle (b) Model type. For each model type, as determined by the Administrator, city combined fuel economy, CO2 emissions, subconfiguration intended for sale in and carbon-related exhaust emission California and each car line/vehicle and highway fuel economy and CO2 values from the tests performed using subconfiguration intended for sale in emissions values will be calculated by gasoline or diesel test fuel. the rest of the states if required by the using the projected sales and fuel (ii) Calculate the city, highway, and Administrator under paragraph (a)(1) of economy and CO2 emission values for each base level within the model type. combined fuel economy, CO2 emissions, this section. and carbon-related exhaust emission (ii) Manufacturers shall update sales Separate model type calculations will be values from the tests performed using projections at the time any model type done based on the vehicle configuration alcohol or natural gas test fuel. value is calculated for a label value. fuel economy and CO2 emission values 41. A new § 600.209–12 is added to (iii) The provisions of this paragraph as determined in § 600.207, as read as follows: (a)(3) may be satisfied by providing an applicable. amended application for certification, as (1) If the Administrator determines § 600.209–12 Calculation of vehicle- described in § 86.1844 of this chapter. that automobiles intended for sale in the specific 5-cycle fuel economy and CO2 (4) 5-cycle vehicle configuration fuel State of California are likely to exhibit emission values for a model type. economy and CO2 emission values, as significant differences in fuel economy (a) Base level. 5-cycle fuel economy determined in § 600.207–12(a), (b), or and CO2 emissions from those intended and CO2 emission values for a base level (c), as applicable, are grouped according for sale in other states, he will calculate are calculated from vehicle to base level. fuel economy and CO2 emission values configuration 5-cycle fuel economy and (i) If only one vehicle configuration for each model type for vehicles CO2 emission values as determined in within a base level has been tested, the intended for sale in California and for § 600.207 for low-altitude tests. fuel economy and CO2 emission values each model type for vehicles intended (1) If the Administrator determines from that vehicle configuration for sale in the rest of the states. that automobiles intended for sale in the constitute the fuel economy and CO2 (2) The sales fraction for each base State of California are likely to exhibit emission values for that base level. level is calculated by dividing the significant differences in fuel economy (ii) If more than one vehicle projected sales of the base level within and CO2 emissions from those intended configuration within a base level has the model type by the projected sales of for sale in other states, he will calculate been tested, the vehicle configuration the model type and rounding the fuel economy and CO2 emission values fuel economy values are harmonically quotient to the nearest 0.0001.

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(3)(i) The 5-cycle city fuel economy (i) Calculate the city and highway fuel qualify for the second method as values of the model type (calculated to economy and CO2 emission values from described in § 600.115 (other than the nearest 0.0001 mpg) are determined the tests performed using gasoline or electric vehicles). The second method, by dividing one by a sum of terms, each diesel test fuel. the derived 5-cycle method, is based on of which corresponds to a base level and (ii) Calculate the city, highway, and fuel economy and CO2 emissions that which is a fraction determined by combined fuel economy and CO2 are derived from vehicle-specific 5-cycle dividing: emission values from the tests model type data as determined in (A) The sales fraction of a base level; performed using alcohol or natural gas paragraph (a)(2) of this section. by test fuel, if 5-cycle testing was Manufacturers may voluntarily lower (B) The 5-cycle city fuel economy performed on the alcohol or natural gas fuel economy values and raise CO2 value for the respective base level. test fuel. Otherwise, the procedure in values if they determine that the label (ii) The 5-cycle city CO2 emissions of § 600.210–12(a)(3) or (b)(3) applies. values from any method are not the model type (calculated to the nearest 42. Section 600.210–08 is amended by representative of the fuel economy or tenth of a gram per mile) are determined adding paragraph (f) to read as follows: CO2 emissions for that model type. by a sum of terms, each of which § 600.210–08 Calculation of fuel economy (1) Vehicle-specific 5-cycle labels. The corresponds to a base level and which values for labeling. city and highway model type fuel is a product determined by multiplying: * * * * * economy determined in § 600.209– (A) The sales fraction of a base level; (f) Sample calculations. An example 12(b), rounded to the nearest mpg, and by of the calculation required in this the city and highway model type CO2 (B) The 5-cycle city CO2 emissions for subpart is in Appendix III of this part. emissions determined in § 600.209– the respective base level. 43. A new § 600.210–12 is added to 12(b), rounded to the nearest gram per (4) The procedure specified in read as follows: mile, comprise the fuel economy and paragraph (b)(3) of this section is CO emission values for general fuel § 600.210–12 Calculation of fuel economy 2 repeated in an analogous manner to economy labels, or, alternatively; determine the highway and combined and CO2 emission values for labeling. (2) Derived 5-cycle labels. Derived 5- fuel economy and CO2 emission values (a) General labels. Except as specified for the model type. in paragraphs (d) and (e) of this section, cycle city and highway label values are (5) For alcohol dual fuel automobiles fuel economy and CO2 emissions for determined according to the following and natural gas dual fuel automobiles general labels may be determined by method: the procedures of paragraphs (b)(1) one of two methods. The first is based (i)(A) For each model type, determine through (4) of this section shall be used on vehicle-specific model-type 5-cycle the derived five-cycle city fuel economy to calculate two separate sets of city and data as determined in § 600.209–12(b). using the following equation and highway fuel economy and CO2 This method is available for all vehicles coefficients determined by the emission values for each model type. and is required for vehicles that do not Administrator:

1 Derived 5-cycle City Fuel Economy = ⎛ {City SSlope}⎞ ⎜{}City Intercept + ⎟ ⎝ MT FTP FE ⎠

Where: emissions using the following equation City Slope = Slope determined by the City Intercept = Intercept determined by the and coefficients determined by the Administrator based on historic vehicle- Administrator based on historic vehicle- Administrator: specific 5-cycle city fuel economy data. specific 5-cycle city fuel economy data. MT FTP CO2 = the model type FTP-based ¥ { City Slope = Slope determined by the Derived 5 cycle City CO2 = City city CO2 emissions determined under Administrator based on historic vehicle- Intercept} + {City Slope} × MT FTP § 600.208–12(b), rounded to the nearest specific 5-cycle city fuel economy data. CO2 0.1 grams per mile. MT FTP FE = the model type FTP-based city fuel economy determined under Where: (ii)(A) For each model type, determine § 600.208–12(b), rounded to the nearest City Intercept = Intercept determined by the the derived five-cycle highway fuel 0.0001 mpg. Administrator based on historic vehicle- economy using the equation below and (B) For each model type, determine specific 5-cycle city fuel economy data. coefficients determined by the the derived five-cycle city CO2 Administrator:

1 Derived 5-cycle Highway Fuel Economy = ⎛ {{}Highway Slope ⎞ ⎜{}Highway Intercept + ⎟ ⎝ MT HFET FE ⎠

Where: Highway Slope = Slope determined by the 12(b), rounded to the nearest 0.0001 Highway Intercept = Intercept determined by Administrator based on historic vehicle- mpg. the Administrator based on historic specific 5-cycle highway fuel economy (B) For each model type, determine vehicle-specific 5-cycle highway fuel data. economy data. MT HFET FE = the model type highway fuel the derived five-cycle highway CO2 economy determined under § 600.208– emissions using the equation below and

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coefficients determined by the 5cycle electric vehicles. Determine FTP-based =× gas Administrator: Derived FEalt FE alt city and HFET-based highway fuel FEgas economy label values for electric Derived 5¥cycle Highway CO = 2 vehicles as described in § 600.116. {Highway Intercept} + {Highway Where: Convert W-hour/mile results to miles Slope} × MT HFET CO2 FEalt = The unrounded FTP-based model-type city or HFET-based model-type highway per kW-hr and miles per gasoline gallon Where: fuel economy from the alternate fuel, as equivalent gallon. CO2 label information Highway Intercept = Intercept determined determined in § 600.208–12(b)(5)(ii). is based on tailpipe emissions only, so by the Administrator based on historic 5cycle FEgas = The unrounded vehicle- CO emissions from electric vehicles are vehicle-specific 5-cycle highway fuel specific or derived 5-cycle model-type 2 economy data. city or highway fuel economy, as assumed to be zero. Highway Slope = Slope determined by the determined in paragraph (a)(1) or (a)(2) (b) Specific labels. Except as specified Administrator based on historic vehicle- of this section. in paragraphs (d) and (e) of this section, specific 5-cycle highway fuel economy data. FEgas = The unrounded FTP-based city or fuel economy and CO emissions for HFET-based model type highway fuel 2 MT HFET CO2 = the model type highway specific labels may be determined by CO emissions determined under § 600.208– economy from gasoline (or diesel), as 2 one of two methods. The first is based 12(b), rounded to the nearest 0.1 grams per determined in § 600.208–12(b)(5)(i). on vehicle-specific configuration 5-cycle mile. The result, rounded to the nearest data as determined in § 600.207. This whole number, is the alternate fuel label (iii) Unless and until superseded by method is available for all vehicles and value for dual fuel vehicles. written guidance from the is required for vehicles that do not (B) City and Highway CO2 label Administrator, the following intercepts values for dual fuel alcohol-based and qualify for the second method as and slopes shall be used in the natural gas vehicles when using the described in § 600.115 (other than equations in paragraphs (a)(2)(i) and alternate fuel are separately determined electric vehicles). The second method, (a)(2)(ii) of this section: by the following calculation: the derived 5-cycle method, is based on City Intercept = 0.003259. fuel economy and CO2 emissions that 5cycle CO2 =× gas are derived from vehicle-specific 5-cycle City Slope = 1.1805. Derived CO2alt CO2 alt CO2gas configuration data as determined in Highway Intercept = 0.001376. paragraph (b)(2) of this section. Where: Manufacturers may voluntarily lower Highway Slope = 1.3466. CO2alt = The unrounded FTP-based model- fuel economy values and raise CO2 type city or HFET-based model-type CO2 (iv) The Administrator will emissions value from the alternate fuel, values if they determine that the label periodically update the slopes and as determined in § 600.208–12(b)(5)(ii). values from either method are not intercepts through guidance and will 5cycle CO2gas = The unrounded vehicle- representative of the fuel economy or determine the model year that the new specific or derived 5-cycle model-type CO2 emissions for that model type. coefficients must take effect. The city or highway CO2 emissions value, as (1) Vehicle-specific 5-cycle labels. The Administrator will issue guidance no determined in paragraph (a)(1) or (a)(2) city and highway configuration fuel later than six months prior to the of this section. CO2gas = The unrounded FTP-based city or economy determined in § 600.207, earliest starting date of the effective HFET-based model type highway CO2 rounded to the nearest mpg, and the city model year (e.g., for 2011 models, the emissions value from gasoline (or diesel), and highway configuration CO2 earliest start of the model year is as determined in § 600.208–12(b)(5)(i). January 2, 2010, so guidance would be emissions determined in § 600.207, The result, rounded to the nearest issued by July 1, 2009). Until otherwise rounded to the nearest gram per mile, whole number, is the alternate fuel CO instructed by written guidance from the 2 comprise the fuel economy and CO2 emissions label value for dual fuel Administrator, manufacturers must use emission values for specific fuel vehicles. economy labels, or, alternatively; the coefficients that are currently in (ii) Optionally, if complete 5-cycle (2) Derived 5-cycle labels. Specific effect. testing has been performed using the city and highway label values from (3) General alternate fuel economy alternate fuel, the manufacturer may derived 5-cycle are determined and CO2 emissions label values for dual choose to use the alternate fuel label according to the following method: fuel vehicles. (i)(A) City and Highway city or highway fuel economy and CO2 fuel economy label values for dual fuel emission values determined in (i)(A) Determine the derived five- alcohol-based and natural gas vehicles § 600.209–12(b)(5)(ii), rounded to the cycle city fuel economy of the when using the alternate fuel are nearest whole number. configuration using the equation below separately determined by the following (4) General alternate fuel economy and coefficients determined by the calculation: and CO2 emissions label values for Administrator:

1 Derived 5-cycle City Fuel Economy = ⎛ {City SSlope} ⎞ ⎜{}City Intercept + ⎟ ⎝ Config FTP FE ⎠

Where: Config FTP FE = the configuration FTP-based coefficients determined by the City Intercept = Intercept determined by the city fuel economy determined under Administrator: § 600.206, rounded to the nearest 0.0001 Administrator based on historic vehicle- { specific 5-cycle city fuel economy data. mpg. Derived 5-cycle City CO2 = City Intercept} + {City Slope} × Config City Slope = Slope determined by the (B) Determine the derived five-cycle Administrator based on historic vehicle- FTP CO2 city CO2 emissions of the configuration specific 5-cycle city fuel economy data. using the equation below and Where:

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City Intercept = Intercept determined by the Config FTP CO2 = the configuration FTP- (ii)(A) Determine the derived five- Administrator based on historic vehicle- based city CO2 emissions determined cycle highway fuel economy of the specific 5-cycle city fuel economy data. under § 600.206, rounded to the nearest configuration using the equation below City Slope = Slope determined by the 0.1 grams per mile. Administrator based on historic vehicle- and coefficients determined by the specific 5-cycle city fuel economy data. Administrator:

1 Derived 5-cycle Highway Fuel Economy = ⎛ {{}Highway Slope ⎞ ⎜{}Highway Intercept + ⎟ ⎝ Config HFET FE ⎠

Where: determined in paragraph (b)(1) or (b)(2) Determine these values by running the Highway Intercept = Intercept determined by of this section. appropriate repeat test cycles. Convert the Administrator based on historic FEgas = The unrounded FTP-based city or W-hour/mile results to miles per kW-hr vehicle-specific 5-cycle highway fuel HFET-based configuration highway fuel and miles per gasoline gallon economy data. economy from gasoline, as determined in Highway Slope = Slope determined by the § 600.206. equivalent. CO2 label information is Administrator based on historic vehicle- based on tailpipe emissions only, so The result, rounded to the nearest specific 5-cycle highway fuel economy CO2 emissions from electric vehicles are data. whole number, is the alternate fuel label assumed to be zero. Config HFET FE = the configuration highway value for dual fuel vehicles. (c) Calculating combined fuel fuel economy determined under (B) Specific city and highway CO2 economy. (1) For the purposes of § 600.206, rounded to the nearest tenth. emission label values for dual fuel calculating the combined fuel economy alcohol-based and natural gas vehicles (B) Determine the derived five-cycle for a model type, to be used in when using the alternate fuel are highway CO emissions of the displaying on the label and for 2 separately determined by the following configuration using the equation below determining annual fuel costs under calculation: and coefficients determined by the subpart D of this part, the manufacturer Administrator: 5cycle CO2 shall use one of the following =× gas { Derived CO2alt CO2 alt procedures: Derived 5-cycle City CO2 = Highway CO2gas Intercept} + {Highway Slope} × (i) For gasoline-fueled, diesel-fueled, Config HFET CO2 alcohol-fueled, and natural gas-fueled automobiles, and for dual fuel Where: 5 cycle =× gas automobiles operated on gasoline or Highway Intercept = Intercept determined by Derived FEalt FEalt the Administrator based on historic FEgas diesel fuel, harmonically average the unrounded city and highway fuel vehicle-specific 5-cycle highway fuel Where: economy values, determined in economy data. CO2alt = The unrounded FTP-based Highway Slope = Slope determined by the configuration city or HFET-based paragraphs (a)(1) or (2) of this section Administrator based on historic vehicle- configuration highway CO2 emissions and (b)(1) or (2) of this section, weighted specific 5-cycle highway fuel economy value from the alternate fuel, as 0.55 and 0.45 respectively, and round to data. determined in § 600.206. the nearest whole mpg. (An example of Config HFET CO = the configuration 2 5cycle CO2gas = The unrounded vehicle- this calculation procedure appears in highway fuel economy determined under specific or derived 5-cycle configuration Appendix II of this part). § 600.206, rounded to the nearest tenth. city or highway CO emissions value as 2 (ii) For alcohol dual fuel and natural (iii) The slopes and intercepts of determined in paragraph (b)(1) or (b)(2) of this section. gas dual fuel automobiles operated on paragraph (a)(2)(iii) of this section CO2 = The unrounded FTP-based city or the alternate fuel, harmonically average apply. gas HFET-based configuration highway CO2 the unrounded city and highway values (3) Specific alternate fuel economy emissions value from gasoline, as from the tests performed using the and CO2 emissions label values for dual determined in § 600.206. alternative fuel as determined in fuel vehicles. (i)(A) Specific city and The result, rounded to the nearest paragraphs (a)(3) and (b)(3) of this highway fuel economy label values for section, weighted 0.55 and 0.45 whole number, is the alternate fuel CO2 dual fuel alcohol-based and natural gas emissions label value for dual fuel respectively, and round to the nearest vehicles when using the alternate fuel vehicles. whole mpg. are separately determined by the (ii) Optionally, if complete 5-cycle (iii) For electric vehicles, calculate the following calculation: testing has been performed using the combined fuel economy, in miles per alternate fuel, the manufacturer may kW-hr and miles per gasoline gallon 5 cycle Derived FE =× FE gas choose to use the alternate fuel label equivalent, by harmonically averaging alt alt the unrounded city and highway values, FEgas city or highway fuel economy and CO2 emission values determined in weighted 0.55 and 0.45 respectively. Where: § 600.207–12(a)(4)(ii), rounded to the Round miles per kW-hr to the nearest FEalt = The unrounded FTP-based nearest whole number. 0.001 and round miles per gallon configuration city or HFET-based (4) Specific alternate fuel economy gasoline equivalent to the nearest whole configuration highway fuel economy number. from the alternate fuel, as determined in and CO2 emissions label values for § 600.206. electric vehicles. Determine FTP-based (iv) For plug-in hybrid electric 5cycle FEgas = The unrounded vehicle- city and HFET-based highway fuel vehicles, calculate a combined fuel specific or derived 5-cycle configuration economy label values for electric economy value, in miles per gasoline city or highway fuel economy as vehicles as described in § 600.116. gallon equivalent as follows:

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(A) Determine city and highway fuel ‘‘charge-sustaining mode’’) as described (e) Fuel economy values and other economy values for vehicle operation in paragraphs (a) and (b) of this section. information for advanced technology after the battery has been fully (B) Determine city and highway CO2 vehicles. (1) The Administrator may discharged (‘‘gas only operation’’ or emission rates for vehicle operation prescribe an alternative method of ‘‘charge-sustaining mode’’) as described starting with a full battery charge (‘‘all- determining the city and highway in paragraphs (a) and (b) of this section. electric operation’’ or ‘‘gas plus electric model type fuel economy and CO2 (B) Determine city and highway fuel operation’’, as appropriate, or ‘‘charge- emission values for general, unique or economy values for vehicle operation depleting mode’’) as described in specific fuel economy labels other than starting with a full battery charge (‘‘all- § 600.116–12. Note that CO2 label those set forth in this subpart C for electric operation’’ or ‘‘gas plus electric information is based on tailpipe advanced technology vehicles operation’’, as appropriate, or ‘‘charge- emissions only, so CO2 emissions from including, but not limited to fuel cell depleting mode’’) as described in electric vehicles are assumed to be zero. vehicles, hybrid electric vehicles using § 600.116–12. For battery energy, (C) Calculate a composite city CO2 hydraulic energy storage, and vehicles convert W-hour/mile results to miles emission rate and a composite CO2 equipped with hydrogen internal per gasoline gallon equivalent or miles emission rate by combining the separate combustion engines. per diesel gallon equivalent, as results for battery and engine operation (2) For advanced technology vehicles, applicable. Note that you must also using the procedures described in the Administrator may prescribe special convert battery-based fuel economy § 600.116–12. Use these values to methods for determining information values to miles per kW-hr for calculate the vehicle’s combined fuel other than fuel economy that is required calculating annual fuel cost as described economy as described in paragraph to be displayed on fuel economy labels in § 600.311–12. (c)(1)(i) of this section. as specified in § 600.302–12(e). (C) Calculate a composite city fuel (d) Calculating combined fuel (f) Sample calculations. An example economy value and a composite economy and CO2 emissions. (1) If the of the calculation required in this highway fuel economy value by criteria in § 600.115–11(a) are met for a subpart is in Appendix III of this part. combining the separate results for model type, both the city and highway Subpart D—Fuel Economy Labeling battery and engine operation using the fuel economy and CO emissions values procedures described in § 600.116–12). 2 must be determined using the vehicle- 44. The heading for subpart D is Apply the derived 5-cycle adjustment to specific 5-cycle method. If the criteria in revised as set forth above. these composite values. Use these § 600.115–11(b) are met for a model values to calculate the vehicle’s § 600.301–08, § 600.301–12, § 600.301–86, type, the city fuel economy and CO2 combined fuel economy as described in emissions values may be determined § 600.301–95, § 600.302–77, § 600.303–77, § 600.304–77, § 600.305–77, § 600.306–86, paragraph (c)(1)(i) of this section. using either method, but the highway (2) For the purposes of calculating the § 600.307–86, § 600.307–95, § 600.310–86, fuel economy and CO emissions values combined CO emissions value for a 2 § 600.311–86, § 600.313–86, § 600.314–01, 2 must be determined using the vehicle- model type, to be used in displaying on § 600.314–86, § 600.315–82 [Removed] specific 5-cycle method (or modified 5- the label under subpart D of this part, 45. Subpart D is amended by cycle method as allowed under the manufacturer shall: removing the following sections: (i) For gasoline-fueled, diesel-fueled, § 600.114–12(b)(2)). § 600.301–08 alcohol-fueled, and natural gas-fueled (2) If the criteria in § 600.115 are not § 600.301–12 automobiles, and for dual fuel met for a model type, the city and § 600.301–86 automobiles operated on gasoline or highway fuel economy and CO2 § 600.301–95 diesel fuel, arithmetically average the emission label values must be § 600.302–77 unrounded city and highway values, determined by using the same method, § 600.303–77 determined in paragraphs (a)(1) or (2) of either the derived 5-cycle or vehicle- § 600.304–77 specific 5-cycle. § 600.305–77 this section and (b)(1) or (2) of this § 600.306–86 section, weighted 0.55 and 0.45 (3) Manufacturers may use any of the following methods for determining 5- § 600.307–86 respectively, and round to the nearest § 600.307–95 whole gram per mile; or cycle values for fuel economy and CO2 emissions for electric vehicles: § 600.310–86 (ii) For alcohol dual fuel and natural § 600.311–86 gas dual fuel automobiles operated on (i) Generate 5-cycle data as described § 600.313–86 the alternate fuel, arithmetically average in paragraph (a)(1) of this section. § 600.314–01 the unrounded city and highway CO2 (ii) Decrease fuel economy values by § 600.314–86 emission values from the tests 30 percent and increase CO2 emission § 600.315–82 performed using the alternative fuel as values by 30 percent relative to data 46. Redesignate specific sections in determined in paragraphs (a)(3) and generated from 2-cycle testing. subpart D as follows: (b)(3) of this section, weighted 0.55 and (iii) Manufacturers may ask the 0.45 respectively, and round to the Administrator to approve adjustment Old section New section nearest whole gram per mile. factors for deriving 5-cycle fuel 600.306–08 600.301–08 (iii) CO2 label information is based on economy results from 2-cycle test data based on operating data from their in- 600.307–08 600.302–08 tailpipe emissions only, so CO2 600.312–86 600.312–08 emissions from electric vehicles are use vehicles. Such data should be 600.313–01 600.313–08 assumed to be zero. collected from multiple vehicles with 600.316–78 600.316–08 (iv) For plug-in hybrid electric different drivers over a range of vehicles, calculate combined CO2 representative driving routes and 47. The redesignated § 600.301–08 is emissions as follows: conditions. The Administrator may revised to read as follows: (A) Determine city and highway CO2 approve such an adjustment factor for emission rates for vehicle operation any of the manufacturer’s vehicle § 600.301–08 Labeling requirements. after the battery has been fully models that are properly represented by (a) Prior to being offered for sale, each discharged (‘‘gas only operation’’ or the collected data. manufacturer shall affix or cause to be

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affixed and each dealer shall maintain (b) Fuel economy range of comparable The requirements and specifications or cause to be maintained on each vehicles. The manufacturer shall in this section and those in §§ 600.304 automobile: include the current range of fuel through 600.310 are illustrated in (1) A general fuel economy label economy of comparable automobiles (as Appendix VI of this part. Manufacturers (initial, or updated as required in described in §§ 600.311 and 600.314) in must make a good faith effort to conform § 600.314) as described in § 600.303 or: the label of each vehicle manufactured to the formats illustrated in Appendix (2) A specific label, for those or imported more than 15 calendar days VI of this part. Label templates are automobiles manufactured or imported after the current range is made available available for download at website.here. before the date that occurs 15 days after by the Administrator. (a) Basic format. Fuel economy labels general labels have been determined by (1) Automobiles manufactured or must be rectangular in shape with a the manufacturer, as described in imported before a date 16 or more minimum height of 178 mm and a § 600.210–08(b) or § 600.210–12(b). calendar days after the initial label minimum width of 114 mm. Fuel (i) If the manufacturer elects to use a range is made available under § 600.311 economy labels must be printed on specific label within a model type (as shall include the range from the white or very light paper with the colors defined in § 600.002, he shall also affix previous model year. specified in Appendix VI of this part; specific labels on all automobiles within (2) Automobiles manufactured or any label markings for which colors are this model type, except on those imported more than 15 calendar days not specified must be in black and automobiles manufactured or imported after the label range is made available white. The required label can be divided before the date that labels are required under § 600.311 shall be labeled with into six separate fields outlined by a to bear range values as required by the current range of fuel economy of continuous border, as described in paragraph (b) of this section, or comparable automobiles as approved for paragraphs (b) through (g) of this determined by the Administrator, or as that label. section. permitted under § 600.310. (c) The fuel economy label must be (b) Border. Use a thin line to create an (ii) If a manufacturer elects to change readily visible from the exterior of the outline border for the label. from general to specific labels or vice automobile and remain affixed until the (c) Fuel economy grade. Include the versa within a model type, the time the automobile is delivered to the following elements in the uppermost manufacturer shall, within five calendar ultimate consumer. portion of the label: days, initiate or discontinue as (1) It is preferable that the fuel (1) At the top left portion of the field, applicable, the use of specific labels on economy label information be include ‘‘EPA’’ and ‘‘DOT’’ with a all vehicles within a model type at all incorporated into the Automobile horizontal line inbetween (‘‘EPA divided facilities where labels are affixed. Information Disclosure Act label, by DOT’’). To the right of these (3) For any vehicle for which a provided that the prominence and characters, place a thin vertical line. (2) At the top right portion of the specific label is requested which has a legibility of the fuel economy label is field, include the heading ‘‘Fuel combined FTP/HFET-based fuel maintained. For this purpose, all fuel Economy and Environmental economy value, as determined in economy label information must be placed on a separate section in the Comparison’’. § 600.513, at or below the minimum tax- (3) Below the heading, include a large free value, the following statement must Automobile Information Disclosure Act label and may not be intermixed with circle containing the appropriate letter appear on the specific label: grade characterizing the vehicle’s fuel ‘‘[Manufacturer’s name] may have to pay that label information, except for vehicle descriptions as noted in economy, as described in § 600.311–12. IRS a Gas Guzzler Tax on this vehicle (4) Include the following statement because of the low fuel economy.’’ § 600.303–08(d)(1). (2) The fuel economy label must be below the letter grade: The above grade (4)(i) At the time a general fuel reflects fuel economy and greenhouse economy value is determined for a located on a side window. If the window is not large enough to contain gases. Grading system ranges from A+ to model type, a manufacturer shall, D. except as provided in paragraph both the Automobile Information Disclosure Act label and the fuel (5) Manufacturers may optionally (a)(4)(ii) of this section, relabel, or cause include an additional item to allow for to be relabeled, vehicles which: economy label, the manufacturer shall have the fuel economy label affixed on accessing interactive information with (A) Have not been delivered to the mobile electronic devices. To do this, ultimate purchaser, and another window and as close as possible to the Automobile Information include an image of an QR code that (B) Have a combined FTP/HFET- will direct mobile electronic devices to based model type fuel economy value Disclosure Act label. (3) The manufacturer shall have the a Web site with fuel economy (as determined in § 600.208–08(b) or information that is specific to the § 600.208–12(b) of 0.1 mpg or more fuel economy label affixed in such a manner that appearance and legibility vehicle or, if this Web site is below the lowest fuel economy value at unavailable, to http://fueleconomy.gov/ which a Gas Guzzler Tax of $0 is to be are maintained until after the vehicle is delivered to the ultimate consumer. m/. Generate the QR code as specified assessed. in ISO/IEC 18004:2006 (incorporated by (ii) The manufacturer has the option § 600.302–08 [Revised] reference in § 600.011). Above the QR of re-labeling vehicles during the first 48. The redesignated § 600.302–08 is code, include the caption ‘‘Smartphone’’. five working days after the general label amended by removing and reserving (d) Web site. In the field directly value is known. paragraphs (h) through (j). below the fuel economy grade, include (iii) For those vehicle model types 49. A new § 600.302–12 is added to the following Web site reference: which have been issued a specific label subpart D to read as follows: ‘‘website.here’’. and are subsequently found to have tax (e) Fuel savings. Include one of the liability, the manufacturer is responsible § 600.302–12 Fuel economy label—general following statements in the field for the tax liability regardless of whether provisions. directly below the Web site reference: the vehicle has been sold or not or This section describes labeling (1) For vehicles with calculated fuel whether the vehicle has been relabeled requirements and specifications that savings relative to the average vehicle as or not. apply to all vehicles. specified in § 600.311–12: ‘‘Over five

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years, this vehicle saves $x in fuel costs vehicles, include the heading ‘‘Gasoline vehicle’s level of emission control for compared to the average vehicle.’’ MPG City’’ or ‘‘Diesel MPG City’’, as other air pollutants relative to that of all Complete the statement by including the appropriate. vehicles. Position a box with a calculated fuel savings as specified in (iii) Below the heading ‘‘MPG downward-pointing arrow above the § 600.311–12. Highway’’, include the value for the scale bar positioned to show where that (2) For vehicles with calculated fuel highway fuel economy as described in vehicle’s emission rating falls relative to costs higher than the average vehicle as § 600.311–12. For dual-fuel vehicles and the total range. Include the vehicle’s specified in § 600.311–12: ‘‘Over five flexible-fuel vehicles, include the emission rating (as described in years, you will spend $x more in fuel heading ‘‘Gasoline MPG Highway’’ or § 600.311–12) inside the box. Include ‘‘1 costs compared to the average vehicle.’’ ‘‘Diesel MPG Highway’’, as appropriate. Worst’’ in the border at the left end of Complete the statement by including the (iv) Below the heading ‘‘CO2 g/mile the scale bar and include ‘‘10 Best’’ in calculated increase in fuel costs as (tailpipe only)’’, include the value for the border at the right end of the scale specified in § 600.311–12. the CO2 emission rate as described in bar. EPA will periodically calculate and (3) For vehicles with calculated fuel § 600.311–12. publish updated range values as costs no different than the average (v) Below the heading ‘‘Annual fuel described in § 600.311. Include the vehicle as specified in § 600.311–12: cost’’, include the value for the annual expression ‘‘Other Air Pollutants’’ ‘‘Your fuel cost will be the same as that fuel cost as described in § 600.311–12. directly below the scale bar. estimated for the average vehicle.’’ (3) Include scale bars directly below (4) Below the scale bars, include two (f) Fuel economy and consumption the table of values as follows: statements as follows: data. Include the following elements in (i) Create a scale bar in the left portion (i) Include one of the following the field directly below the fuel savings of the field to characterize the vehicle’s statements to identify the range of MPG statement: combined city and highway fuel values, which EPA will periodically (1) Identify the vehicle’s fuel type in economy relative to the range of calculate and publish as described in a header bar as follows: combined fuel economy values for all § 600.311: (i) For vehicles designed to operate on vehicles. Position a box with a (A) For dedicated gasoline or diesel a single fuel, identify the appropriate downward-pointing arrow above the vehicles: ‘‘Fuel economy for all [mid- fuel. For example, identify the vehicle scale bar positioned to show where that size cars, SUVs, etc., as applicable] as ‘‘Gasoline Vehicle’’, ‘‘Diesel Vehicle’’, vehicle’s combined fuel economy falls ranges from x to y MPG.’’ ‘‘Ethanol (E85) Vehicle’’, ‘‘Compressed relative to the total range. Include the (B) For dual-fuel vehicles and Natural Gas Vehicle’’, etc. This includes vehicle’s combined fuel economy (as flexible-fuel vehicles: ‘‘Fuel economy for hybrid electric vehicles that do not have described in § 600.210–12(c)) inside the all [mid-size cars, SUVs, etc., as plug-in capability. Include a fuel pump box. Include the number representing applicable] ranges from x to y logo to the left of this designation. For the value at the low end of the MPG or MPGequivalent. Ratings are based on natural gas vehicles, use the fuel pump MPGe range and the term ‘‘Worst’’ inside [GASOLINE or DIESEL FUEL] and do logo appropriate for natural gas and add the border at the left end of the scale not reflect performance and ratings a ‘‘CNG’’ logo. bar. Include the number representing using [ALTERNATE FUEL]. See the (ii) Identify flexible-fuel vehicles and the value at the high end of the MPG or Fuel Economy Guide or website.here for dual-fuel vehicles as ‘‘Dual Fuel Vehicle MPGe range and the term ‘‘Best’’ inside more information.’’ (Gasoline& Natural Gas)’’, ‘‘Dual Fuel the border at the right end of the scale (ii) Include the following additional Vehicle: (Diesel & Ethanol E85)’’, etc. bar. EPA will periodically calculate and statement: ‘‘Annual fuel cost is based on Include a fuel pump logo to the left of publish updated range values as x miles per year at $y per gallon.’’ For this designation. Also include a CNG described in § 600.311. Include the the value of x, insert the annual mileage logo, as appropriate. expression ‘‘Combined MPGe’’ directly rate established by EPA. For the value (iii) Identify plug-in hybrid electric below the scale bar. of y, insert the estimated cost per gallon vehicles as ‘‘Dual Fuel Vehicle: Plug-in (ii) Create a scale bar in the middle established by EPA for gasoline or diesel Hybrid Electric’’. Include a fuel pump portion of the field to characterize the fuel. logo to the left of this designation and vehicle’s CO2 emission rate relative to (g) Footer. Include the following an electric plug logo to the right of this the range of CO2 emission rates for all elements in the lowest portion of the designation. vehicles. Position a box with a label: (iv) Identify electric vehicles as downward-pointing arrow above the (1) In the left portion of the field, ‘‘Electric Vehicle’’. Include an electric scale bar positioned to show where that include the statement: ‘‘Visit http:// plug logo to the left of this designation. vehicle’s CO2 emission rate falls relative www.fueleconomy.gov to calculate (2) Create a table below the header bar to the total range. Include the vehicle’s estimates personalized for your driving, as described in this paragraph (f)(2) for CO2 emission rate (as described in and to download the Fuel Economy vehicles that run on gasoline or diesel § 600.210–12(c)) inside the box. Include Guide (also available at dealers).’’ fuel with no plug-in capability. See the number representing the value at the (2) In the right portion of the field, §§ 600.306 through 600.310 for high end of the CO2 emission range and include the logos for EPA, the specifications that apply for other the term ‘‘Worst’’ inside the border at the Department of Transportation, and the vehicles. Create the table with five data left end of the scale bar. Include the Department of Energy. values in the following sequence of number representing the value at the (h) Vehicle description. Where the columns: low end of the CO2 emission range and fuel economy label is physically (i) Below the heading ‘‘Gallons/100 the term ‘‘Best’’ inside the border at the incorporated with the Motor Vehicle Miles’’, include the value for the fuel right end of the scale bar. EPA will Information and Cost Savings Act label, consumption rate as described in periodically calculate and publish no further vehicle description is needed. § 600.311–12. updated range values as described in If the fuel economy label is separate (ii) Below the heading ‘‘MPG City’’, § 600.311. Include the expression ‘‘CO2 from the Automobile Information include the value for the city fuel g/mile’’ directly below the scale bar. Disclosure Act label, describe the economy as described in § 600.311–12. (iii) Create a scale bar in the right vehicle in a location on the label that For dual-fuel vehicles and flexible-fuel portion of the field to characterize the does not interfere with the other

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required information. In cases where the § 600.306–12 Fuel economy label—special (1) If the vehicle’s engine starts only vehicle description may not easily fit on requirements for natural gas vehicles. after the battery is fully discharged, the label, the manufacturer may request Fuel economy labels for dedicated include the following heading Administrator approval of modifications natural gas vehicles must meet the statement: ‘‘All Electric (first x miles to the label format to accommodate this specifications described in § 600.302, only)’’. If the vehicle uses combined information. Include the following items with the following modifications: power from the battery and the engine in the vehicle description, if applicable: (a) Create a table with six data values before the battery is fully discharged, (1) Model year. in the following sequence of columns include the following heading (2) Vehicle car line. instead of the table described in statement: ‘‘Blended Electric + Gas (first § 600.302–12(f)(2): x miles only)’’. Complete the statement (3) Engine displacement, in cubic (1) Below the heading ‘‘Range (miles)’’, inches, cubic centimeters, or liters using the value of x to represent the include the value for the vehicle’s distance the vehicle drives before the whichever is consistent with the driving range as described in § 600.311– customary description of that engine. battery is fully discharged, as described 12. in § 600.311–12. Include the following (4) Transmission class. ‘‘ (2) Below the heading eGallons/100 data items below this heading ’’ (5) Other descriptive information, as Miles , include the value for the fuel statement: necessary, such as number of engine consumption rate as described in (i) Below the heading ‘‘eGallons/100 cylinders, to distinguish otherwise § 600.311–12. miles’’, include the value for the fuel ‘‘ ’’ identical model types or, in the case of (3) Below the heading MPGe City , consumption rate as described in include the value for the city fuel specific labels, vehicle configurations, § 600.311–12. as approved by the Administrator. economy as described in § 600.311–12. (ii) Below the heading ‘‘Combined (4) Below the heading ‘‘MPGe (i) [Reserved] MPGe’’, include the value for the Highway’’, include the value for the (j) Gas guzzler provisions. For combined fuel economy as described in highway fuel economy as described in vehicles requiring a tax statement under § 600.311–12. § 600.513, add the phrase ‘‘Gas Guzzler § 600.311–12. (2) Include the following heading (5) Below the heading ‘‘CO g/mile Tax’’ followed by the dollar amount. The 2 statement: ‘‘Gas only’’ and include the (tailpipe only)’’, include the value for tax value required by this paragraph (j) following items below this heading the CO emission rate as described in is based on the combined fuel economy 2 statement: § 600.311–12. (i) Below the heading ‘‘Gallons/100 value for the model type calculated (6) Below the heading ‘‘Annual fuel miles’’, include the value for the according to § 600.513 and rounded to cost’’, include the value for the annual the nearest 0.1 mpg. fuel cost as described in § 600.311–12. appropriate fuel consumption rate as (k) Alternative label provisions for (b) Include the following two described in § 600.311–12. ‘‘ special cases. The Administrator may statements instead of those specified in (ii) Below the heading Combined ’’ approve modifications to the style § 600.302–12(f)(4): MPG , include the value for the guidelines if space is limited. The (1) ‘‘Fuel economy for all [mid-size appropriate combined fuel economy as Administrator may also prescribe cars, SUVs, etc., as applicable] ranges described in § 600.311–12. special label format and information from x to y MPG equivalent. (3) If the vehicle’s engine starts only requirements for vehicles that are not MPGequivalent: 121.5 cubic feet CNG = after the battery is fully discharged, specifically described in this subpart, 1 gallon of gasoline energy.’’ EPA will include the following heading such as vehicles powered by fuel cells periodically calculate and publish statement: ‘‘All-Electric and Gas-Only or hydrogen-fueled engines, or hybrid updated values for completing this Combined’’. If the vehicle uses electric vehicles that have engines statement as described in § 600.311. combined power from the battery and operating on fuels other than gasoline or (2) ‘‘Annual fuel cost is based on x the engine before the battery is fully diesel fuel. The revised labeling miles per year at $y per gasoline gallon discharged, include the following specifications will conform to the equivalent.’’ EPA will periodically heading statement: ‘‘Blended and Gas- principles established in this subpart, calculate and publish updated values Only Combined’’. Include the following with any appropriate modifications or for completing this statement as data items below this heading additions to reflect the vehicle’s unique described in § 600.311. statement: characteristics. See 49 U.S.C. 51. A new § 600.308–12 is added to (i) Below the heading ‘‘CO2 g/mile 32908(b)(1)(F). subpart D to read as follows: (tailpipe only)’’, include the value for the CO emission rate as described in (l) Rounding. Unless the regulation 2 § 600.308–12 Fuel economy label format § 600.311–12. specifies otherwise, do not round requirements—plug-in hybrid electric (ii) Below the heading ‘‘Annual fuel intermediate values, but round final vehicles. cost’’, include the value for the annual calculated values identified in this Fuel economy labels for plug-in fuel cost as described in § 600.311–12. subpart to the nearest whole number. hybrid electric vehicles must meet the (b) Include the following two (m) Updating information. EPA will specifications described in § 600.302, statements instead of those specified in periodically publish updated with the exceptions and additional § 600.302–12(f)(4): information that is needed to comply specifications described in this section. (1) ‘‘Fuel economy for all [mid-size with the labeling requirements in this This section describes how to label cars, SUVs, etc., as applicable] ranges subpart. This includes the annual vehicles that with gasoline engines. If from x to y MPGequivalent. mileage rates and fuel-cost information, the vehicle has a diesel engine, all the MPGequivalent: 33.7 kW-hrs = 1 gallon the ‘‘best and worst’’ values needed for references to ‘‘gas’’ or ‘‘gasoline’’ in this gasoline energy.’’ EPA will periodically calculating relative ratings for section are understood to refer to calculate and publish updated values individual vehicles, and the fuel- ‘‘diesel’’ or ‘‘diesel fuel’’, respectively. for completing this statement as economy grade criteria as specified in (a) Create a table with data values in described in § 600.311. § 600.311. the following sequence of columns (2) ‘‘Annual fuel cost is based on x 50. A new § 600.306–12 is added to instead of the table specified in miles per year at $y per gallon and z subpart D to read as follows: § 600.302–12(f)(2): cents per kW-hr.’’ EPA will periodically

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calculate and publish updated values ‘‘Blended Electric+Gas’’ (or ‘‘Electric 100 miles with the following formula, for completing this statement as Only’’, as applicable) and ‘‘Gas only’’. rounded to the nearest whole number: described in § 600.311. (b) CO2 emission rate. Determine the Fuel Consumption Rate = 100/MPG engine-related CO emission rate as 52. A new § 600.310–12 is added to 2 Where: subpart D to read as follows: described in § 600.210–12(d). MPG = The combined fuel economy value (c) Fuel economy grade. Determine a § 600.310–12 Fuel economy label format from paragraph (a) of this section, in vehicle’s fuel economy grade as follows: miles per kW-hour. requirements—electric vehicles. (1) Determine the grade that applies (e) Annual fuel cost. Calculate annual Fuel economy labels for electric based on combined CO2 emission rates vehicles must meet the specifications from paragraph (b) of this section fuel costs as follows: (1) Calculate the total annual fuel cost described in § 600.302, with the according to the following table: following exceptions and additional with the following formula, rounded to specifications: TABLE 1 OF § 600.311–12—CRITERIA nearest whole number: × (a) Create a table with data values in Annual Fuel Cost = [f1 Fuel Price1/ TO DEFINE FUEL ECONOMY GRADE × × the following sequence of columns MPG1 + f2 Fuel Price2/MPG2] instead of the table specified in Combined CO2 (g/mi) Grade Average Annual Miles § 600.302–12(f)(2): Where: 0–76 ...... A+ (1) Below the heading ‘‘Range (miles)’’, fi = The fraction of the vehicle’s overall include the value for the maximum 77–152 ...... A driving distance that is projected to 153–229 ...... A¥ estimated driving distance as described occur for fuel i. For vehicles that operate 230–305 ...... B+ on only one fuel, f = 1 and f = 0. For in § 600.311–12. 306–382 ...... B 1 2 (2) Below the heading ‘‘kW-hrs/100 ¥ plug-in hybrid electric vehicles, 383–458 ...... B determine the values of f from SAE J Miles’’, include the value for the fuel 459–535 ...... C+ i 2841 (incorporated by reference in 536–611 ...... C consumption rate as described in § 600.011). For dual fuel vehicles and 612–688 ...... C¥ § 600.311–12. flexible fuel vehicles, disregard 689–764 ...... D+ (3) Below the heading ‘‘MPGe City’’, operation on the alternative fuel. 765+ ...... D include the value for the city fuel Fuel Pricei = The estimated fuel price economy as described in § 600.311–12. provided by EPA for fuel i. The units are (2) We may update the grading scale (4) Below the heading ‘‘MPGe dollars per gallon for gasoline and diesel periodically based on the median CO Highway’’, include the value for the 2 fuel, dollars per gasoline gallon emission rate for all model types. We highway fuel economy as described in equivalent for natural gas, and dollars would do this by doubling the median per kW-hr for plug-in electricity. § 600.311–12. value from a given model year to MPGi = The combined fuel economy value (5) Below the heading ‘‘CO g/mile 2 establish the nominal full range of CO from paragraph (a) of this section for fuel (tailpipe only)’’, include the number 0. 2 values, then dividing this full range into i. The units are miles per gallon for (6) Below the heading ‘‘Annual fuel eleven equal intervals, after rounding to gasoline and diesel fuel, miles per cost’’, include the value for the annual gasoline gallon equivalent for natural the nearest whole number. For fuel cost as described in § 600.311–12. gas, and miles per kW-hr for plug-in reference, the grade distribution in (b) Include the following two electricity. paragraph (c)(1) of this section is based statements instead of those specified in Average Annual Miles = The estimated on a median value of 421 g/mi CO . annual mileage figure provided by EPA, § 600.302–12(f)(4): 2 (d) Fuel consumption rate. Calculate in miles. (1) ‘‘Fuel economy for all [mid-size the fuel consumption rate as follows: cars, SUVs, etc., as applicable] ranges (2) For plug-in hybrid electric (1) For vehicles with engines that are vehicles, calculate a separate annual from x to y MPGequivalent. not plug-in hybrid electric vehicles, MPGequivalent: 33.7 kW-hrs = 1 gallon cost estimate using the equation in calculate the fuel consumption rate in paragraph (e)(1) of this section by gasoline energy.’’ EPA will periodically gallons per 100 miles (or gasoline gallon calculate and publish updated values assuming the battery is never charged equivalent per 100 miles for fuels other from an external power source. for completing this statement as than gasoline or diesel fuel) with the described in § 600.311. Similarly, calculate an annual cost following formula, rounded to the first estimate by assuming the battery is (2) ‘‘Annual fuel cost is based on x decimal place: miles per year at y cents per kW-hr.’’ regularly charged from an external Fuel Consumption Rate = 100/MPG EPA will periodically calculate and power source such that it is never fully publish updated values for completing Where: discharged. this statement as described in § 600.311. MPG = The combined fuel economy value (f) Fuel savings. Calculate an 53. A new § 600.311–12 is added to from paragraph (a) of this section. estimated five-year cost increment subpart D to read as follows: (2) For plug-in hybrid electric relative to an average vehicle by vehicles, calculate two separate fuel multiplying the rounded annual fuel § 600.311–12 Determination of values for consumption rates as follows: cost from paragraph (e) of this section fuel economy labels. (i) Calculate the fuel consumption rate by 5 and subtracting this value from the (a) Fuel economy. Determine city and based on engine operation after the median five-year fuel cost. We will highway fuel economy values as battery is fully discharged as described calculate the median five-year fuel cost described in § 600.210–12(a) and (b). in paragraph (d)(1) of this section. from the annual fuel cost equation in Determine combined fuel economy (ii) Calculate the fuel consumption paragraph (e) of this section based on a values as described in § 600.210–12(c). rate during operation before the battery gasoline-fueled vehicle with a median Note that the label for plug-in hybrid is fully discharged in gasoline gallon fuel economy value. The median five- electric vehicles requires separate equivalent per 100 miles as described in year fuel cost is $10,000 for a 21-mpg values for combined fuel economy for SAE J1711 (incorporated by reference in vehicle that drives 15,000 miles per year vehicle operation before and after the § 600.011), as described in § 600.116. with gasoline priced at $2.80 per gallon. vehicle’s battery is fully discharged; we (3) For electric vehicles, calculate the We may periodically update this generally refer to these modes as fuel consumption rate in kW-hours per median five-year fuel cost to better

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characterize the fuel economy for an (g) Other air pollutant score. Establish subject to Tier 2 emissions standards, average vehicle. Round the calculated a score for exhaust emissions other than the air pollutant score for the vehicle is five-year cost increment to the nearest CO2 based on the applicable emission 1. $100. Negative values represent a cost standards as shown in Table 2 of this increase compared to the average section. For Independent Commercial vehicle. Importers that import vehicles not

TABLE 2 OF § 600.311–12—CRITERIA FOR ESTABLISHING AIR POLLUTION SCORE

Score U.S. EPA Tier 2 emission standard California Air Resources Board LEV II emission standard

1 ...... ULEV & LEV II large trucks. 2 ...... Bin 8 ...... SULEV II large trucks. 3 ...... Bin 7 ...... 4 ...... Bin 6 ...... LEV II, option 1 5 ...... Bin 5 ...... LEV II 6 ...... Bin 4 ...... ULEV II 7 ...... Bin 3 ...... 8 ...... Bin 2 ...... SULEV II 9 ...... PZEV 10 ...... Bin 1 ...... ZEV

(h) Ranges of fuel economy and CO2 calculate a combined value by § 600.314–08 Updating label values, emission values. We will determine the arithmetically averaging the two values, annual fuel cost, Gas Guzzler Tax, and range of combined fuel economy and weighted 0.55 and 0.45 respectively, range of fuel economy for comparable automobiles. CO2 emission values for each vehicle and round to the nearest whole number. class identified in § 600.315. We will (ii) Use good engineering judgment to (a) The label values established in generally update these range values calculate the vehicle’s operating § 600.312 shall remain in effect for the before the start of each model year based distance before the fuel tank is empty model year unless updated in on the lowest and highest values within when starting with a full fuel tank and accordance with paragraph (b) of this each vehicle class. We will also use this a fully charged battery, consistent with section. same information to establish a range of the procedure and calculation specified (b)(1) The manufacturer shall fuel economy values for all vehicles. in paragraph (i)(3)(i) of this section and recalculate the model type fuel economy Continue to use the most recently the fuel economy values as described in values for any model type containing published numbers until we update paragraph (a) of this section. base levels affected by running changes them, even if you start a new model year (j) [Reserved] specified in § 600.507. before we publish the range values for (k) Charge time. For electric vehicles, (2) For separate model types created the new model year. determine the time it takes to fully in § 600.209–08(a)(2) or § 600.209– (i) Driving range. Determine the charge the battery from a standard 110 12(a)(2), the manufacturer shall driving range for certain vehicles as volt power source to the point that the recalculate the model type values for follows: battery meets the manufacturer’s end-of- any additions or deletions of (1) For electric vehicles, determine charge criteria, consistent with the subconfigurations to the model type. the vehicle’s overall driving range as procedures specified in SAE J1634 Minimum data requirements specified described in Section 8 of SAE J1634 (incorporated by reference in § 600.011) in § 600.010(c) shall be met prior to (incorporated by reference in § 600.011), for electric vehicles and in SAE J1711 recalculation. as described in § 600.116. Determine (incorporated by reference in § 600.011) (3) Label value recalculations shall be separate range values for FTP-based city for plug-in hybrid electric vehicles, as performed as follows: and HFET-based highway driving, then described in § 600.116. This value may (i) The manufacturer shall use calculate a combined value by be more or less than the 12-hour updated total model year projected sales arithmetically averaging the two values, minimum charging time specified for for label value recalculations. weighted 0.55 and 0.45 respectively, testing. You may alternatively specify (ii) All model year data approved by and round to the nearest whole number. the charge time based on a 220 volt the Administrator at the time of the (2) For natural gas vehicles, determine power source if your owners manual recalculation for that model type shall the vehicle’s driving range in miles by recommends charging with the higher be included in the recalculation. multiplying the combined fuel economy voltage; you must then identify the (iii) Using the additional data under described in paragraph (a) of this voltage associated with the charge time paragraph (b) of this section, the section by the vehicle’s fuel tank on the fuel economy label. manufacturer shall calculate new model capacity, rounded to the nearest whole (l) California-specific values. If the type city and highway values in number. Administrator determines that accordance with § 600.210 except that (3) For plug-in hybrid electric automobiles intended for sale in the values shall be rounded to the vehicles, determine the battery driving California are likely to exhibit nearest 0.1 mpg. range and overall driving range as significant differences in fuel economy (iv) The existing label values, described in SAE J1711 (incorporated by or other label values from those calculated in accordance with § 600.210, reference in § 600.011), as described in intended for sale in other states, the shall be rounded to the nearest 0.1 mpg. § 600.116, as follows: Administrator will compute separate (4)(i) If the recalculated city or (i) Determine the vehicle’s Actual values for each class of automobiles for highway fuel economy value in Charge-Depleting Range, Rcda. Determine California and for the other states. paragraph (b)(3)(iii) of this section is separate range values for FTP-based city 54. § 600.314–08 is revised to read as less than the respective city or highway and HFET-based highway driving, then follows: value in paragraph (b)(3)(iv) of this

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section by 1.0 mpg or more, the days after the completion of the (v) Small sport utility vehicles. Sport manufacturer shall affix labels with the confirmatory test. utility vehicles with a GVWR below recalculated model type values (ii) If both the recalculated city or 6000 pounds. (rounded to the nearest whole mpg) to highway fuel economy value in (vi) Standard sport utility vehicles. all new vehicles of that model type paragraph (b)(3)(iii) of this section is Sport utility vehicles with a GVWR at or beginning on the day of implementation less than the respective city or highway above 6000 pounds and at or below of the running change. value in paragraph (b)(3)(iv) of this 10,000 pounds. (ii) If the recalculated city or highway section by 0.1 mpg or more and the * * * * * fuel economy value in paragraph recalculated gas guzzler tax rate (c) All interior and cargo dimensions (b)(3)(iii) of this section is higher than determined under the provisions of are measured in inches to the nearest the respective city or highway value in § 600.513–08 is larger, the manufacturer 0.1 inch. All dimensions and volumes paragraph (b)(3)(iv) of this section by 1.0 shall affix labels with the recalculated shall be determined from the base mpg or more, then the manufacturer has model type values and gas guzzler tax vehicles of each body style in each car the option to use the recalculated values statement and rates to all new vehicles line, and do not include optional for labeling the entire model type of that model type beginning 15 days equipment. The dimensions H61, W3, beginning on the day of implementation after the completion of the confirmatory W5, L34, H63, W4, W6, L51, H201, of the running change. test. L205, L210, L211, H198, W201, and (c) For fuel economy labels updated (5) For fuel economy labels updated volume V1 are to be determined in using recalculated fuel economy values using recalculated fuel economy values accordance with the procedures determined in accordance with determined in accordance with outlined in Motor Vehicle Dimensions paragraph (b) of this section, the paragraph (e)(4) of this section, the SAE J1100a (incorporated by reference manufacturer shall concurrently update manufacturer shall concurrently update in § 600.011), except as follows: all other label information (e.g., the all other label information (e.g., the * * * * * annual fuel cost, range of comparable annual fuel cost, range of comparable 56. The redesignated § 600.316–08 is vehicles and the applicability of the Gas vehicles and the applicability of the Gas revised to read as follows: Guzzler Tax as needed). Guzzler Tax if required by Department (d) The Administrator shall of Treasury regulations). § 600.316–08 Multistage manufacture. periodically update the range of fuel 55. Section 600.315–08 is amended by Where more than one person is the economies of comparable automobiles revising paragraphs (a)(2) and (c) manufacturer of a vehicle, the final stage based upon all label data supplied to the introductory text to read as follows: manufacturer (as defined in 49 CFR Administrator. 529.3) is treated as the vehicle (e) The manufacturer may request § 600.315–08 Classes of comparable manufacturer for purposes of automobiles. permission from the Administrator to compliance with this subpart. calculate and use label values based on (a) * * * test data from vehicles which have not (2) The Administrator will classify Subpart E—Dealer Availability of Fuel completed the Administrator-ordered light trucks (nonpassenger automobiles) Economy Information into the following classes: Small pickup confirmatory testing required under the 57. The heading for subpart E is trucks, standard pickup trucks, vans, provisions of § 600.008–08(b). If the revised as set forth above. Administrator approves such a minivans, and SUVs. Starting in the calculation the following procedures 2012 model year, SUVs will be divided § 600.401–77, § 600.402–77, § 600.403–77, shall be used to determine if relabeling between small sport utility vehicles and § 600.404–77, § 600.405–77, § 600.406–77, is required after the confirmatory testing standard sport utility vehicles. Pickup § 600.407–77—[Removed] is completed. trucks and SUVs are separated by car 58. Subpart E is amended by (1) The Administrator-ordered line on the basis of gross vehicle weight removing the following sections: confirmatory testing shall be completed rating (GVWR). For a product line with § 600.401–77 as quickly as possible. more than one GVWR, establish the § 600.402–77 (2) Using the additional data under characteristic GVWR value for the § 600.403–77 paragraph (e)(1) of this section, the product line by calculating the § 600.404–77 manufacturer shall calculate new model arithmetic average of all distinct GVWR § 600.405–77 type city and highway values in values less than or equal to 8,500 § 600.406–77 accordance with §§ 600.207 and 600.210 pounds available for that product line. § 600.407–77 except that the values shall be rounded The Administrator may determine that to the nearest 0.1 mpg. specific light trucks should be most Subpart F—Procedures for (3) The existing label values, appropriately placed in a different class Determining Manufacturer’s Average calculated in accordance with § 600.210, or in the special purpose vehicle class Fuel Economy and Manufacturer’s shall be rounded to the nearest 0.1 mpg. as provided in paragraph (a)(3)(i) and Average Carbon-related Exhaust (4) The manufacturer may need to (ii) of this section, based on the features Emissions revise fuel economy labels as follows: and characteristics of the specific vehicle, consumer information provided 59. The heading for subpart F is (i) If the recalculated city or highway revised as set forth above. fuel economy value in paragraph by the manufacturer, and other (b)(3)(iii) of this section is less than the information available to consumers. § 600.501–12, § 600.501–85, § 600.501–86, respective city or highway value in (i) Small pickup trucks. Pickup trucks § 600.501–93, § 600.503–78, § 600.504–78, paragraph (b)(3)(iv) of this section by 0.5 with a GVWR below 6000 pounds. § 600.505–78, § 600.507–86, § 600.510–86, mpg or more, the manufacturer shall (ii) Standard pickup trucks. Pickup § 600.510–93, § 600.512–01, § 600.512–86, affix labels with the recalculated model trucks with a GVWR at or above 6000 § 600.513–81, § 600.513–91 [Removed] type MPG values (rounded to the pounds and at or below 8,500 pounds. 60. Subpart F is amended by nearest whole number) to all new (iii) Vans. removing the following sections: vehicles of that model type beginning 15 (iv) Minivans. § 600.501–12

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§ 600.501–85 shall submit additional running change section. The following equation must § 600.501–86 fuel economy and carbon-related hold true: § 600.501–93 exhaust emissions data as specified in § 600.503–78 paragraph (b) of this section for any Ealt/Epet ≥ 1 § 600.504–78 running change approved or § 600.505–78 Where: implemented under § 86.1842 of this × × 6 § 600.507–86 Ealt = [FEalt/(NHValt Dalt)] 10 = energy § 600.510–86 chapter, which: efficiency while operating on alternative § 600.510–93 * * * * * fuel rounded to the nearest 0.01 miles/ § 600.512–01 (c) The manufacturer shall submit the million BTU. × × 6 § 600.512–86 fuel economy data required by this Epet = [FEpet/(NHVpet Dpet)] 10 = energy § 600.513–81 section to the Administrator in efficiency while operating on gasoline or § 600.513–91 accordance with § 600.314. diesel (petroleum) fuel rounded to the nearest 0.01 miles/million BTU. 61. Redesignate § 600.502–81 as * * * * * FEalt is the fuel economy [miles/gallon for § 600.502. 64. Redesignate § 600.509–86 as 62. The redesignated § 600.502 is liquid fuels or miles/100 standard cubic § 600.509–08. revised to read as follows: feet for gaseous fuels] while operated on 65. § 600.510–12 is amended by the alternative fuel as determined in § 600.502 Definitions. revising paragraphs (b)(2) introductory § 600.113–12(a) and (b). The following definitions apply to text, (b)(3) introductory text, FEpet is the fuel economy [miles/gallon] while this subpart in addition to those in (c)(2)(iv)(B), (g)(1), (i) introductory text, operated on petroleum fuel (gasoline or § 600.002: and (j)(2) to read as follows: diesel) as determined in § 600.113–12(a) (a) The Declared value of imported and (b). § 600.510–12 Calculation of average fuel NHValt is the net (lower) heating value [BTU/ components shall be: economy and average carbon-related (1) The value at which components lb] of the alternative fuel. exhaust emissions. NHVpet is the net (lower) heating value [BTU/ are declared by the importer to the U.S. lb] of the petroleum fuel. Customs Service at the date of entry into * * * * * (b) * * * Dalt is the density [lb/gallon for liquid fuels the customs territory of the United (2) The combined city/highway fuel or lb/100 standard cubic feet for gaseous States; or fuels] of the alternative fuel. (2) With respect to imports into economy and carbon-related exhaust emission values will be calculated for Dpet is the density [lb/gallon] of the Canada, the declared value of such petroleum fuel. components as if they were declared as each model type in accordance with imports into the United States at the § 600.208 except that: (i) The equation must hold true for date of entry into Canada; or * * * * * both the FTP city and HFET highway (3) With respect to imports into (3) The fuel economy and carbon- fuel economy values for each test of Mexico, the declared value of such related exhaust emission values for each each test vehicle. components as if they were declared as vehicle configuration are the combined (ii)(A) The net heating value for imports into the United States at the fuel economy and carbon-related alcohol fuels shall be premeasured date of entry into Mexico. exhaust emissions calculated according using a test method which has been (b) Cost of production of a car line to § 600.206–12(a)(3) except that: approved in advance by the shall mean the aggregate of the products * * * * * Administrator. of: (c) * * * (B) The density for alcohol fuels shall (1) The average U.S. dealer wholesale (2) * * * be premeasured using ASTM D 1298–99 price for such car line as computed from (iv) * * * (incorporated by reference at § 600.011). each official dealer price list effective (B) The combined model type fuel during the course of a model year, and economy value for operation on alcohol (iii) The net heating value and density (2) The number of automobiles within fuel as determined in § 600.208– of gasoline are to be determined by the the car line produced during the part of 12(b)(5)(ii) divided by 0.15 provided the manufacturer in accordance with the model year that the price list was in requirements of paragraph (g) of this § 600.113. effect. section are met; or * * * * * (c) Equivalent petroleum-based fuel * * * * * (i) For model years 2012 through economy value means a number (g)(1) Alcohol dual fuel automobiles 2015, and for each category of representing the average number of and natural gas dual fuel automobiles automobile identified in paragraph miles traveled by an electric vehicle per must provide equal or greater energy (a)(1) of this section, the maximum gallon of gasoline. 63. § 600.507–12 is amended by efficiency while operating on alcohol or decrease in average carbon-related revising paragraph (a) introductory text natural gas as while operating on exhaust emissions determined in and paragraph (c) to read as follows: gasoline or diesel fuel to obtain the paragraph (j) of this section attributable CAFE credit determined in paragraphs to alcohol dual fuel automobiles and § 600.507–12 Running change data (c)(2)(iv) and (v) of this section or to natural gas dual fuel automobiles shall requirements. obtain the carbon-related exhaust be calculated using the following (a) Except as specified in paragraph emissions credit determined in formula, and rounded to the nearest (d) of this section, the manufacturer paragraphs (j)(2)(ii) and (iii) of this tenth of a gram per mile:

8887 Maximum Decrease = − FltAvg ⎡ 8887 ⎤ ⎢ − MPG ⎥ ⎣ FltAvg MAX ⎦

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Where: arithmetic average of the following two Where: FltAvg = The fleet average CREE value in terms, the result rounded to the nearest F = 0.00 unless otherwise approved by the grams per mile, rounded to the nearest gram per mile: Administrator according to the whole number, for passenger (A) The combined model type carbon- provisions of paragraph (k) of this automobiles or light trucks determined related exhaust emissions value for section; for the applicable model year according operation on gasoline or diesel fuel as CREEalt = The combined model type carbon- to paragraph (j) of this section, except by determined in § 600.208–12(b)(5)(i); and related exhaust emissions value for assuming all alcohol dual fuel and (B) The combined model type carbon- operation on alcohol fuel as determined natural gas dual fuel automobiles are in § 600.208–12(b)(5)(ii); and related exhaust emissions value for operated exclusively on gasoline (or CREEgas = The combined model type carbon- diesel) fuel. operation on alcohol fuel as determined related exhaust emissions value for MPGMAX = The maximum increase in miles in § 600.208–12(b)(5)(ii) multiplied by operation on gasoline or diesel fuel as per gallon determined for the 0.15 provided the requirements of determined in § 600.208–12(b)(5)(i). appropriate model year in paragraph (h) paragraph (g) of this section are met, * * * * * of this section. except that manufacturers complying 66. Redesignate § 600.511–80 as * * * * * with the fleet averaging option for N2O § 600.511–08. (j) * * * and CH4 as allowed under § 86.1818 of 67. § 600.512–12 is amended by (2) A sum of terms, each of which this chapter must perform this revising paragraph (c) to read as follows: corresponds to a model type within that calculation such that N2O and CH4 category of automobiles and is a product values are not multiplied by 0.15; or § 600.512–12 Model year report. determined by multiplying the number (v) For natural gas dual fuel model * * * * * of automobiles of that model type types, for model years 2012 through (c) The model year report must produced by the manufacturer in the 2015, the arithmetic average of the include the following information: model year by: following two terms; the result rounded (1)(i) All fuel economy data used in (i) For gasoline-fueled and diesel- to the nearest gram per mile: the FTP/HFET-based model type fueled model types, the carbon-related (A) The combined model type carbon- calculations under § 600.208–12, and exhaust emissions value calculated for related exhaust emissions value for subsequently required by the that model type in accordance with operation on gasoline or diesel as Administrator in accordance with paragraph (b)(2) of this section; or determined in § 600.208–12(b)(5)(i); and § 600.507; (ii)(A) For alcohol-fueled model types, (B) The combined model type carbon- (ii) All carbon-related exhaust for model years 2012 through 2015, the related exhaust emissions value for emission data used in the FTP/HFET- carbon-related exhaust emissions value operation on natural gas as determined based model type calculations under calculated for that model type in in § 600.208–12(b)(5)(ii) multiplied by § 600.208–12, and subsequently accordance with paragraph (b)(2) of this 0.15 provided the requirements of required by the Administrator in section multiplied by 0.15 and rounded paragraph (g) of this section are met, accordance with § 600.507; to the nearest gram per mile, except that except that manufacturers complying (2)(i) All fuel economy data for manufacturers complying with the fleet with the fleet averaging option for N2O certification vehicles and for vehicles averaging option for N2O and CH4 as and CH4 as allowed under § 86.1818 of tested for running changes approved allowed under § 86.1818 of this chapter this chapter must perform this under § 86.1842 of this chapter; must perform this calculation such that calculation such that N2O and CH4 (ii) All carbon-related exhaust N2O and CH4 values are not multiplied values are not multiplied by 0.15. emission data for certification vehicles by 0.15; or (vi) For alcohol dual fuel model types, and for vehicles tested for running (B) For alcohol-fueled model types, for model years 2016 and later, the changes approved under § 86.1842 of for model years 2016 and later, the combined model type carbon-related this chapter; carbon-related exhaust emissions value exhaust emissions value determined (3) Any additional fuel economy and calculated for that model type in according to the following formula and carbon-related exhaust emission data accordance with paragraph (b)(2) of this rounded to the nearest gram per mile: submitted by the manufacturer under

section; or CREE = (F × CREEalt) + ((1 ¥ F) × § 600.509; (iii)(A) For natural gas-fueled model CREEgas) (4)(i) A fuel economy value for each types, for model years 2012 through model type of the manufacturer’s 2015, the carbon-related exhaust Where: product line calculated according to emissions value calculated for that F = 0.00 unless otherwise approved by the § 600.510–12(b)(2); model type in accordance with Administrator according to the (ii) A carbon-related exhaust emission provisions of paragraph (k) of this paragraph (b)(2) of this section section; value for each model type of the multiplied by 0.15 and rounded to the CREEalt = The combined model type carbon- manufacturer’s product line calculated nearest gram per mile, except that related exhaust emissions value for according to § 600.510–12(b)(2); manufacturers complying with the fleet operation on alcohol fuel as determined (5)(i) The manufacturer’s average fuel averaging option for N2O and CH4 as in § 600.208–12(b)(5)(ii); and economy value calculated according to allowed under § 86.1818 of this chapter CREEgas = The combined model type carbon- § 600.510–12(c); must perform this calculation such that related exhaust emissions value for (ii) The manufacturer’s average operation on gasoline or diesel fuel as carbon-related exhaust emission value N2O and CH4 values are not multiplied determined in §600.208–12(b)(5)(i). by 0.15; or calculated according to § 600.510(j); (B) For natural gas-fueled model (vii) For natural gas dual fuel model (6) A listing of both domestically and types, for model years 2016 and later, types, for model years 2016 and later, nondomestically produced car lines as the carbon-related exhaust emissions the combined model type carbon-related determined in § 600.511 and the cost value calculated for that model type in exhaust emissions value determined information upon which the accordance with paragraph (b)(2) of this according to the following formula and determination was made; and section; or rounded to the nearest gram per mile: (7) The authenticity and accuracy of (iv) For alcohol dual fuel model types, CREE = (F × CREEalt) + ((1 ¥ F) × production data must be attested to by for model years 2012 through 2015, the CREEgas) the corporation, and shall bear the

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signature of an officer (a corporate parameters (ETW and a, b, c, FE3IWCG = The 3,000 lb. inertial weight class executive of at least the rank of vice- dynamometer coefficients) and the base level combined fuel economy used president) designated by the associated CREE emission standard. The to calculate the model type fuel economy corporation. Such attestation shall manufacturer shall provide the method rounded to the nearest 0.0001 mpg. constitute a representation by the of identifying EPA engine code for FE4IWCG = The 4,000 lb. inertial weight class manufacturer that the manufacturer has applicable in-use vehicles. base level combined fuel economy used established reasonable, prudent 68. § 600.513–08 is revised to read as to calculate the model type fuel economy procedures to ascertain and provide follows: rounded to the nearest 0.001 mpg. production data that are accurate and § 600.513–08 Gas Guzzler Tax. (b)(1) For passenger automobiles sold authentic in all material respects and after December 31, 1990, with a that these procedures have been (a) This section applies only to passenger automobiles sold after combined FTP/HFET-based model type followed by employees of the fuel economy value of less than 22.5 manufacturer involved in the reporting December 27, 1991, regardless of the mpg (as determined in § 600.208), process. The signature of the designated model year of those vehicles. For calculated in accordance with paragraph officer shall constitute a representation alcohol dual fuel and natural gas dual (a)(2) of this section and rounded to the by the required attestation. fuel automobiles, the fuel economy (8) [Reserved] while such automobiles are operated on nearest 0.1 mpg, each vehicle fuel (9) The ‘‘required fuel economy level’’ gasoline will be used for Gas Guzzler economy label shall include a Gas pursuant to 49 CFR parts 531 or 533, as Tax assessments. Guzzler Tax statement pursuant to 49 applicable. Model year reports shall (1) The provisions of this section do U.S.C. 32908(b)(1)(E). The tax amount include information in sufficient detail not apply to passenger automobiles stated shall be as specified in paragraph to verify the accuracy of the calculated exempted for Gas Guzzler Tax (b)(2) of this section. required fuel economy level, including assessments by applicable federal law (2) For passenger automobiles with a but is not limited to, production and regulations. However, the combined general label model type fuel information for each unique footprint manufacturer of an exempted passenger economy value of: within each model type contained in the automobile may, in its discretion, label model year report and the formula used such vehicles in accordance with the the Gas to calculate the required fuel economy provisions of this section. Guzzler Tax At least * * * but less statement level. Model year reports shall include (2) For 1991 and later model year than * * * shall show a a statement that the method of passenger automobiles, the combined tax of * * * measuring vehicle track width, FTP/HFET-based model type fuel measuring vehicle wheelbase and economy value determined in § 600.208 (i) 22.5 ...... $0 calculating vehicle footprint is accurate used for Gas Guzzler Tax assessments (ii) 21.5 ...... 22.5 1,000 and complies with applicable shall be calculated in accordance with (iii) 20.5 ...... 21.5 1,300 Department of Transportation the following equation, rounded to the (iv) 19.5 ...... 20.5 1,700 requirements. nearest 0.1 mpg: (v) 18.5 ...... 19.5 2,100 (10) The ‘‘required fuel economy (vi) 17.5 ...... 18.5 2,600 FE = FE[((0.55 × a × c) + (0.45 × c) + level’’ pursuant to 49 CFR parts 531 or adj g (vii) 16.5 ...... 17.5 3,000 (0.5556 × a ) + 0.4487)/((0.55 × a ) 533 as applicable, and the applicable g g (viii) 15.5 ...... 16.5 3,700 + 0.45)] + IWg fleet average CO2 emission standards. (ix) 14.5 ...... 15.5 4,500 Model year reports shall include Where: (x) 13.5 ...... 14.5 5,400 information in sufficient detail to verify FEadj = Fuel economy value to be used for (xi) 12.5 ...... 13.5 6,400 the accuracy of the calculated required determination of gas guzzler tax (xii) ...... 12.5 7,700 fuel economy level and fleet average assessment rounded to the nearest 0.1 mpg. CO2 emission standards, including but 69. The heading for Appendix I to is not limited to, production FE = Combined model type fuel economy calculated in accordance with § 600.208, Part 600 is revised to read as follows: information for each unique footprint rounded to the nearest 0.0001 mpg. within each model type contained in the Appendix I to Part 600—Highway Fuel ag = Model type highway fuel economy, Economy Driving Schedule model year report and the formula used calculated in accordance with § 600.208, to calculate the required fuel economy rounded to the nearest 0.0001 mpg * * * * * level and fleet average CO emission divided by the model type city fuel 2 70. Appendix II to Part 600 is standards. Model year reports shall economy calculated in accordance with amended by revising paragraph (b)(4) to include a statement that the method of § 600.208, rounded to the nearest 0.0001 read as follows: measuring vehicle track width, mpg. The quotient shall be rounded to 4 measuring vehicle wheelbase and decimal places. Appendix II to Part 600—Sample Fuel c = gas guzzler adjustment factor = 1.300 × calculating vehicle footprint is accurate 10¥3 for the 1986 and later model years. Economy Calculations and complies with applicable × ¥3 × ¥ IWg = (9.2917 10 SF3IWCGFE3IWCG) * * * * * Department of Transportation and EPA × ¥3 × × (3.5123 10 SF4ETWG FE4IWCG). (b) * * * requirements. (4) Assume that the same vehicle was (11) A detailed (but easy to Note: Any calculated value of IW less than zero shall be set equal to zero. tested by the Federal Highway Fuel Economy understand) list of vehicle models and Test Procedure and a calculation similar to the applicable in-use CREE emission SF3IWCG = The 3,000 lb. inertia weight class sales in the model type divided by the that shown in (b)(3) of this section resulted standard. The list of models shall in a highway fuel economy of MPGh of 36.9. include the applicable carline/ total model type sales; the quotient shall be rounded to 4 decimal places. According to the procedure in § 600.210– subconfiguration parameters (including SF4ETWG = The 4,000 lb. equivalent test 08(c) or § 600.210–12(c), the combined fuel carline, equivalent test weight, road- weight sales in the model type divided economy (called MPGcomb) for the vehicle load horsepower, axle ratio, engine by the total model type sales, the may be calculated by substituting the city code, transmission class, transmission quotient shall be rounded to 4 decimal and highway fuel economy values into the configuration and basic engine); the test places. following equation:

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MPG = 31.3 Appendix V to Part 600—Fuel Economy = 1 comb MPGcomb Label Style Guidelines for 2008 055..+ 045 71. The heading for Appendix IV to Through 2011 Model Year Vehicles MPG MPG Part 600 is revised to read as follows: ch * * * * * Appendix IV to Part 600—Sample Fuel 73. Appendix VI to Part 600 is added Economy Labels for 2008 Through 2011 to read as follows: Model Year Vehicles = 1 Appendix VI to Part 600—Sample Fuel MPGcomb 055. + 045. * * * * * Economy Labels and Style Guidelines 27. 9 36. 9 72. The heading for Appendix V to for 2012 and Later Model Years Part 600 is revised to read as follows: BILLING CODE 6560–50–P

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BILLING CODE 6560–50–C Authority: 49 U.S.C. 32302, 30111, 30115, 3. Add and reserve new Subpart E to Appendix VIII to Part 600—[Removed] 30117, 30166, 20168, and 32908, Public Law part 575 to read as follows: 104–414, 114 Stat. 1800, Public Law 109–59, 74. Appendix VIII to Part 600 is 119 Stat. 1144, 15 U.S.C. 1232(g), Public Law Subpart E—Fuel Economy, removed. 110–140; delegation of authority at 49 CFR 1.50. Greenhouse Gas Emissions, and Other Department of Transportation Pollutant Emissions Labeling for New National Highway Traffic Safety Subpart D—Safe, Accountable, Passenger Cars and Light Trucks; Administration Flexible, Efficient Transportation Consumer Information [Reserved] Equity Act: A Legacy for Users 49 CFR Chapter V (SAFETEA–LU); Consumer Information Dated: August 30, 2010. In consideration of the foregoing, Lisa P. Jackson, under the authority of 15 U.S.C. 1232 2. Amend § 575.301 by revising the Administrator, Environmental Protection and 49 U.S.C. 32908 and delegation of section heading and adding and Agency. authority at 49 CFR 1.50, NHTSA reserving paragraph (d)(6) to read as proposes to amend 49 CFR chapter V as follows: Dated: August 27, 2010. follows: § 575.301 Vehicle labeling of safety rating Ray LaHood, information. Secretary, Department of Transportation. PART 575—CONSUMER * * * * * [FR Doc. 2010–22321 Filed 9–22–10; 8:45 am] INFORMATION (d) * * * BILLING CODE 6560–50–P 1. Revise the authority citation for (6) [Reserved] part 575 to read as follows: * * * * *

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