Department of Transportation

Vol. 79 Thursday, No. 34 February 20, 2014

Part II

National Highway Traffic Safety Administration 49 CFR Part 575 Alternative Fuel Vehicle Badging, Fuel Compartment Labels and Consumer Information on Alternative Fuel Usage; Proposed Rule

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DEPARTMENT OF TRANSPORTATION Transportation, 1200 New Jersey 1200 New Jersey Avenue SE., Avenue SE., West Building, Ground Washington, DC 20590. Telephone: National Highway Traffic Safety Floor, Rm. W12–140, Washington, DC (202) 366–2992. Administration 20590, Attention Docket ID No. SUPPLEMENTARY INFORMATION: NHTSA–2010–0134. 49 CFR Part 575 Hand Delivery: Department of List of Acronyms and Abbreviations Transportation, 1200 New Jersey [NHTSA–2010–0134] AFDC Alternative Fuels and Advanced Avenue SE., West Building, Ground Vehicles Data Center RIN 2127–AK75 Floor, Rm. W12–140, Washington, DC Alternative Fuel Motor vehicle fuel defined 20590, Attention Docket ID No. by 49 CFR 32901(a)(1) Alternative Fuel Vehicle Badging, Fuel NHTSA–2010–0134 between 9 a.m. and B20 Biomass-based diesel blend or Compartment Labels and Consumer 5 p.m. Eastern Time, Monday through biodiesel blend that contains a mixture of Information on Alternative Fuel Usage Friday, except Federal holidays. not more than 20% biodiesel in volume Instructions: Regardless of how you and 80% petroleum-based diesel AGENCY: National Highway Traffic submit comments, you should mention B100 100% biodiesel Safety Administration (NHTSA), Biodiesel A fuel comprised of mono-alkyl Department of Transportation (DOT). Docket ID No. NHTSA–2010–0134 or esters of long chain fatty acids derived the Regulatory Identification Number from vegetable oils or animal fats and ACTION: Notice of proposed rulemaking (RIN) 2127–AK75 for this rulemaking. (NPRM). which meets the specifications of ASTM D You may call the Docket Management 6751 SUMMARY: NHTSA is proposing to Facility at 202–366–9826. For detailed BEV Battery electric vehicle require badges, labels and owner’s instructions on submitting comments CAFE Corporate average fuel economy and additional information on the CBI Confidential business information manual information for new passenger CFR Code of Federal Regulations cars, low speed vehicles (LSVs) and rulemaking process, see the Public Participation heading of the CNG Compressed natural gas light-duty trucks rated at not more than DOE Department of Energy SUPPLEMENTARY INFORMATION section of 8,500 pounds gross vehicle weight in DOT Department of Transportation order to increase consumer awareness this document. Note that all comments DVD Digital video disc regarding the use and benefits of received will be posted, except as noted E85 A mixture of 85% ethanol and 15% alternative fuels. In the Energy below, without change to http:// gasoline Independence and Security Act of 2007 www.regulations.gov, including any EISA Energy Independence and Security (EISA), Congress directed the Secretary personal information provided. Act of 2007 Docket: All documents in the dockets EO Executive order of Transportation to develop and are listed in the http:// EPA Environmental Protection Agency implement varied and wide-ranging www.regulations.gov index. Although EREV Extended range electric vehicle consumer information and education listed in the index, some information is EV Electric vehicle initiatives related to fuel economy, not publicly available, e.g., confidential FCV Fuel cell vehicle greenhouse gas, alternative fuels and FE Fuel economy business information (CBI) or other FFV Flexible fuel vehicle thermal management technologies. information whose disclosure is NHTSA is implementing these new FHWA Federal Highway Administration restricted by statute. Publicly available FTC Federal Trade Commission information and education initiatives docket materials are available either through several different rulemakings. GHG Greenhouse gas electronically in http:// GVWR Gross vehicle weight rating This proposed rule would implement www.regulations.gov or in hard copy at HEV Hybrid electric vehicle specific statutory mandates that the Docket Management Facility, M–30, ISO International Organization for manufacturers be required to: Identify U.S. Department of Transportation, 1200 Standardization each vehicle capable of running on an New Jersey Avenue SE., West Building, LPG Liquefied petroleum gas alternative fuel by means of a Ground Floor, Rm. W12–140, LSV Low speed vehicle MPG Miles per gallon permanent and prominent display Washington, DC 20590. The Docket affixed to the exterior of the vehicle; add MY Model year Management Facility is open between 9 NAICS North American Industry proposed text describing the capabilities a.m. and 5 p.m. Eastern Time, Monday and benefits of using alternative fuels to Classification System through Friday, except federal holidays. NFPA National Fire Prevention Association the owners’ manuals provided for Privacy Act: Anyone is able to search NHTSA National Highway Traffic Safety alternative fuel vehicles; and identify the electronic form of all comments Administration each vehicle that is capable of running received in any of our dockets by the NPRM Notice of proposed rulemaking on an alternative fuel by means of a name of the individual submitting the NTTAA National Technology Transfer and label in the fuel filler compartment. comment (or signing the comment, if Advancement Act of 1995 DATES: Comments must be received on submitted on behalf of an association, OCR Optical character recognition or before April 21, 2014. See the OMB Office of Management and Budget business, labor union, etc.). You may PHEV Plug-in hybrid electric vehicle SUPPLEMENTARY INFORMATION section on review DOT’s complete Privacy Act PRA Paperwork Reduction Act ‘‘Public Participation’’ for more Statement in the Federal Register RFA Regulatory Flexibility Act information about written comments. published on April 11, 2000 (65 FR SAE Society of Automotive Engineers ADDRESSES: You may submit your 19477–78) or you may visit http:// comments, identified by Docket ID No. www.dot.gov/privacy.html. Table of Contents NHTSA–2010–0134, by any of the FOR FURTHER INFORMATION CONTACT: I. Executive Summary ...... 8 following methods: For technical issues: Gregory Powell, II. What research did the Agency con- http://www.regulations.gov: Follow duct regarding possible options for National Highway Traffic Safety this proposal? ...... 13 the online instructions for submitting Administration, 1200 New Jersey III. What is the Agency proposing? ...... 30 comments. Avenue SE., Washington, DC 20590. IV. What are the estimated costs and Fax: NHTSA: (202) 493–2251. Telephone: (202) 366–5206. benefits of the proposal? ...... 60 Mail: Docket Management Facility, For legal issues: Lily Smith, National V. Enforcement and Compliance ...... 76 M–30, U.S. Department of Highway Traffic Safety Administration, VI. Public Participation ...... 78

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VII. Regulatory Notices and Analyses .... 82 32908(g) requires the agency to vehicle manufacturers to affix new VIII. Regulatory Text ...... 92 undertake rulemaking to address automobiles sold in the United States consumer information on automobile with a ‘‘permanent and prominent I. Executive Summary fuel economy and the use of alternative display’’ that indicates the vehicle is In this notice, NHTSA is proposing to fuels in three different ways, which the capable of operating on an alternative 5 require badges, labels and owner’s agency is implementing in three distinct fuel; second, NHTSA must require manual information for new passenger phases. manufacturers to attach a label to the In the recently-completed first phase, cars, low speed vehicles, and light-duty fuel tank filler compartment of vehicles NHTSA established requirements for trucks rated at not more than 8,500 capable of operating on alternative fuels automobile manufacturers to label new that indicates the form of alternative pounds gross vehicle weight in order to automobiles sold in the United States increase consumer awareness regarding fuel that the vehicle is capable of with information about their operating on; and third, NHTSA must the use and benefits of alternative fuels, performance in terms of fuel economy, as required by the Energy Independence require manufacturers to include in the greenhouse gas emissions, and smog- owner’s manual, of vehicles that are and Security Act of 2007 (EISA).1 The forming emissions, with rating systems capable of operating on alternative fuels, overarching goal of EISA is to move the to help consumers compare automobiles information which describes that United States toward greater energy in terms of this performance at the point capability and the benefits of using independence and security, given that of purchase. NHTSA established these alternative fuels, including their the United States imports a substantial requirements in a joint rulemaking with renewable nature and environmental amount of its petroleum, two-thirds of 3 the EPA, which also has authority benefits.6 which is used to fuel vehicles in the (under 49 U.S.C. 32908(b)) to regulate NHTSA is therefore proposing the form of gasoline and diesel, which can new automobile fuel economy labels. following specific requirements in this be vulnerable to supply disruptions and The agencies sought in that joint rulemaking, as directed by EISA. To price volatility. Renewable alternative rulemaking both (1) to implement implement the permanent and fuels produced in the United States are NHTSA’s 32908(g) authority by prominent display mandate, the rule less vulnerable to the supply providing the new rating system to help proposes to require a badge specifying disruptions and price variability consumers compare vehicles’ fuel associated with imported fuels. Helping economy, GHG, and other emissions in natural language which alternative the public to better understand the performance at the point of sale, and (2) fuel the vehicle is capable of operating benefits of these alternative fuels and to to implement revisions sought by EPA on. The badge would be positioned on better recognize the vehicles that use and NHTSA to update the existing the rear of the vehicle, either directly them should increase their use, thereby labels and help them better convey below or to the right of the vehicle replacing petroleum use and increasing information for advanced technology model name. To implement the fuel national and energy security. Thus, in vehicles entering the marketplace, such compartment label mandate, the rule EISA, Congress directed the Secretary of as compressed natural gas vehicles proposes to require a label on the Transportation, in consultation with the (CNG), plug-in hybrid electric vehicles exterior of the fuel cap or fuel Secretary of Energy and the (PHEV), battery electric vehicles (BEV), compartment access door that clearly Administrator of the Environmental and fuel cell vehicles. The final rule states the alternative fuel type, and Protection Agency (EPA), to develop establishing the new labeling depending on the type, the proper/safe and implement consumer information requirements was published on July 6, capacities for replenishing the fuel and education initiatives related to fuel 2011,4 and can be found on NHTSA’s supply. To implement the owner’s economy, greenhouse gas (GHG), Web site at http://www.nhtsa.gov/fuel- manual mandate, the rule proposes to alternative fuels and thermal economy. require manufacturers to include management technologies, all aimed at This notice initiates the second phase standardized text that describes the reducing our nation’s dependence on of rulemaking to implement the EISA capabilities and benefits of using imported petroleum. This requirement requirements for consumer information alternative fuels. Sections II and III of has been codified at 49 U.S.C. 32908(g), and education about alternative fuels. this proposal provide more detailed hereafter referred to as simply 32908(g) requires NHTSA to develop information about each of these ‘‘32908(g).’’ The Secretary’s authority to regulations to require new automobiles requirements. develop and implement these programs to display certain information about The agency has estimated the total is delegated to the Administrator of their capability to operate on alternative costs of the proposal in Table I–1 and NHTSA.2 fuels. First, NHTSA must require Table I–2 below. TABLE I–1—ESTIMATED INDUSTRY COSTS FOR PROPOSAL IN FIRST MODEL YEAR (2012$)

Low High

Permanent and Prominent Display Badge ...... $6,713,112 $13,292,937 Tooling (all fuel types) ...... 41,064 284,287 Fuel Compartment Label ...... 827,436 Owner’s Information ...... 348,352

Total ...... 7,929,963 14,753,011 * Values derived from Projected MY2017 Industry Volume of Alternative Fuel Vehicles (Including LSVs)

1 49 U.S.C. 32902(g), Public Law 110–140. 4 76 FR 39478. The NPRM for this rulemaking 5 As defined by 49 U.S.C. 32901(a)(1). 2 49 CFR 1.95; CFR 501.2(a)(8). was published at 75 FR 58708 and the rulemaking 6 49 U.S.C. 32908(g)(1). docket number is NHTSA–2010–0087, which can 3 79 FR 39478, July 6, 2011 be accessed at regulations.gov.

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TABLE I–2—ESTIMATED ANNUAL INDUSTRY COSTS FOR PROPOSAL AFTER THE FIRST MODEL YEAR (2012$)

Low High

Permanent and Prominent Display Badge ...... $6,713,112 $13,292,937 Fuel Compartment Label ...... 827,436 Owner’s Information ...... 328,081

Total ...... 7,868,629 14,448,453 * Values derived from Projected MY2017 Industry Volume of Alternative Fuel Vehicles (Including LSVs)

The agency believes that the benefits existing materials.7 Some manufacturers an improved understanding of approved of this proposal will be higher than the also directed the agency to industry symbols as described in greater detail in costs, as the national and energy label and badge suppliers for additional Section II.A. Regarding consultation security benefits gained from even a information. with DOE, the agency was informed of modest increase in consumer purchases Additionally, in order to benefit from many useful tools and information that of alternative fueled vehicles would the expertise of other federal agencies were determined to be more applicable likely outweigh the relatively low active in alternative fuel vehicle issues, to the consumer education campaign, anticipated cost of the proposed NHTSA consulted with the Federal which will constitute the third phase of requirements. As information on the Highway Administration (FHWA), the implementing the 32908(g) effects of these badges on consumer Federal Trade Commission (FTC), and requirements. purchases is not available, a quantitative the Department of Energy (DOE). The The agency notes that it did not assessment of the benefits was not agency discussed potential content of conduct original research on consumer possible at this stage. Further discussion proposed owner’s manual information messaging in developing the proposal with the FTC to understand further the for this phase of the EISA consumer of the anticipated costs and benefits of requirements and content of the FTC information requirements. The EISA the proposal can be found in Section IV. (until recently) required 8 alternative requirements for badging, fuel tank In the subsequent third phase of fuel point of sale label found on all new compartment labeling, and owner’s implementing the 32908(g) alternative fuel vehicles sold in the U.S. manual information are fairly requirements, NHTSA will develop a The agency believes it may be helpful to straightforward. Unlike the fuel consumer information campaign to consumers to provide consistency with economy labeling requirements, the improve understanding of automobile information contained on the FTC requirements being proposed in this performance in terms of fuel economy, Alternative Fuel label. The agency rulemaking are not intended to facilitate GHG and other pollutant emissions, as discussed the required content of the direct consumer comparison of multiple well as to inform consumers of the FTC label, including what points of the vehicles or pieces of vehicle equipment; benefits of using alternative fuels and label were important for the consumer, instead, they are simply intended to where fueling stations are located. with the intent of including similar inform consumers about the alternative Given the complexity of the consumer information where possible. fuel capabilities of the vehicles already research needed to implement this Consultation with the FHWA focused in front of them. Because the agency is provision, the agency anticipates that on current symbols used for alternative trying to provide clear, basic this rulemaking will be proposed in fuels. information through this rulemaking 2015, after NHTSA completes research Finally, the agency also consulted and not trying to aid or influence about appropriate and effective with DOE regarding content of the DOE/ consumer choice, the agency concluded consumer messaging. EPA fueleconomy.gov 9 Web site and the that original research would not DOE alternative fuels and advanced contribute sufficiently to improving the II. What research did the Agency vehicles data center 10 Web site. While usefulness of the required information conduct regarding possible options for most of the experience that these in order to justify the expenditure of this proposal? agencies have accumulated does not resources. relate directly to the issues in this NHTSA has identified several states at As part of the development of this NPRM, NHTSA has done its best to the time of this proposal 11 that promote NPRM, NHTSA sought and considered extrapolate from the experience of these the use of alternative fuel vehicles. available existing information and agencies to our current rulemaking. The Some have implemented programs, such research from federal agencies, interactions with FHWA gave NHTSA as California’s Clean Air Vehicle automotive manufacturers and program, that provide High Occupancy suppliers. NHTSA made several visits to 7 NHTSA’s records of these meeting are available Vehicle (HOV) lane access for labeled or passenger car and light truck retailers in the docket for this rulemaking. specially plated alternative fuel and public auto shows to learn more 8 In April of 2013, the Federal Trade Commission vehicles. These programs often require about how individual manufacturers issued final amendments to the Alternative Fuels the vehicle owner to apply a badge, Rule, eliminating the point of sale labels that were already use badges and labels to identify previously required by the FTC on alternative fuel sticker, or special license plate that alternative fuel vehicles. In addition, vehicles (AFVs), citing that similar information is identifies the vehicle as an alternative NHTSA conducted online research of incorporated on recently revised fuel economy and fuel, low emission, or ‘‘clean-’’ vehicle, currently available manufacturer emissions point of sale labels required by the U.S. but do not regulate the manufacturers of Environmental Protection Agency (EPA) and the production labels, badges, consumer U.S. Department of Transportation. (‘‘FTC Amends alternative fuel vehicles or provide education materials and information Alternative Fuels Rule to Make Compliance Easier’’ consumer information on specific types provided to owners. NHTSA staff also last accessed: January 2, 2014) held discussions with manufacturers, 9 www.fueleconomy.gov (last accessed January 27, 11 The states include Arizona, California, trade groups and suppliers to increase 2014). Colorado, Florida, Georgia, Hawaii, Maryland, New 10 www.afdc.energy.gov/afdc/ (last accessed Jersey, New York, North Carolina, Tennessee, Utah agency awareness and understanding of January 27, 2014). and Virginia.

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and benefits of alternative fuel vehicles. incorporates this symbol into many through reduced petroleum However, states may have an interest in other badges on vehicles across its consumption. this proposal, and we welcome model line-up that are equipped with In addition to the examples from Ford comment from state and local officials different ‘‘environmentally-conscious’’ and General Motors, the agency also and other interested persons. technologies. Some examples of this learned of campaign-derived, exterior Further, several there are several include: The ‘‘Road and Leaf’’ badges used by manufacturers such as Federal requirements regarding the incorporated into a ‘‘Flex-Fuel’’ badge to Hyundai and Nissan. The ‘‘Blue drive’’ acquisition of alternative fuel vehicles indicate ethanol-operating capability; a exterior badge was developed in support for Federal vehicle fleets. Specifically, ‘‘B20’’ badge to indicate that a diesel of Hyundai’s corporate branding Energy Policy Act (EPAct) 1992 sets vehicle is capable of operating on a campaign to represent ‘‘Hyundai’s statutory requirements for the small percentage of biodiesel; and an comprehensive overhaul of thinking acquisition of AFVs by Federal agencies. ‘‘Ecoboost’’ badge to indicate that a green.’’ 13 (See Figure II.A–9 in Executive Order 13423 directs Federal vehicle uses direct-injection, ‘‘Examples of Existing Alternative Fuel agencies to use PHEVs when turbocharging and downsizing engine Badges and Symbols,’’ Docket NHTSA– commercially available at a cost technologies to deliver performance 2010–0134). At its April 2011 reasonably comparable to non-PHEVs, similar to a larger displacement engine introduction, the redesigned MY 2012 while Executive Order 13514 establishes with the higher fuel efficiency of a Versa was ‘‘the first Nissan model in the vehicle sustainability goals that smaller displacement engine. In U.S. to use the new Nissan ‘‘Puredrive’’ encourage the purchase of AFVs. As addition, the symbol is applied to its designation. The automaker will put with the state programs noted above, hybrid and battery electric vehicles. that label onto models that use Nissan’s these and similar programs may benefit (See Figures II.A–1 through II.A–6 in most advanced technologies to promote from vehicle badging, and we welcome ‘‘Examples of Existing Alternative Fuel eco-friendly driving and to cut CO2 comment from relevant officials and Badges and Symbols,’’ in Docket emissions.’’ 14 (See Figure II.A–10 in other interested persons. NHTSA–2010–0134). ‘‘Examples of Existing Alternative Fuel The sections below describe in more Badges and Symbols,’’ in Docket detail how NHTSA developed this Another example of a corporate-wide NHTSA–2010–0134). proposal. The agency seeks comments program is the ‘‘Flex Fuel’’ badge used Other alternative fuel vehicle on the information presented in this by GM. In 2006, GM conducted an manufacturers appear to take a less proposal and whether other relevant extensive E85 awareness campaign comprehensive approach or may do information should be considered for promoting the ethanol capabilities of its very little in regard to badges. For the final rule. We encourage the vehicles under the banner of ‘‘Live example, Honda currently applies submission of comments to the docket. Green, Go Yellow.’’ The ‘‘Live Green, Go labeling in response to the requirements For comments that recommend Yellow’’ campaign kicked off during of some states for manufacturers of additional information be considered, it Super Bowl XL in television ads gaseous fueled vehicles, which are is requested the commenter include an promoting the use of the clean, based on recommendations developed explanation of how the agency should alternative fuel in GM’s flexible fuel by the National Fire Protection incorporate that information into the vehicles. In conjunction with this Association (NFPA).15 (See Figure final rule. campaign, GM began applying ‘‘Flex II.A–11 in ‘‘Examples of Existing Fuel’’ badges to vehicles capable of Alternative Fuel Badges and Symbols,’’ A. Alternative Fuel ‘‘Permanent and ethanol operation and using yellow- Prominent Display’’ in Docket NHTSA–2010–0134). colored fuel filler caps for those vehicles Some manufacturers do not produce Based on the information gathered by as a tie-in to the larger campaign.12 (See any alternative fuel vehicles for sale in the agency, manufacturer-specific Figures II.A–7 through II.A–8 in the United States. These manufacturers alternative fuel vehicle badges vary ‘‘Examples of Existing Alternative Fuel do not have any current campaigns to widely in design from manufacturer to Badges and Symbols,’’ in Docket promote alternative fuels technologies. manufacturer, sometimes as a result of NHTSA–2010–0134). The agency also conducted additional the efforts to link the badging with Ford and GM explained to NHTSA in research regarding vehicle badge text overarching corporate goals regarding meetings with the agency that they sizing and coloring. The agency took a advanced technologies and alternative undertake these cross-product closer look at these two design aspects fuel usage. campaigns to promote their investment to obtain a better understanding of how After identifying that some in environmentally friendly and they may factor into this proposal. The manufacturers have already invested alternative fuel technologies, which agency surveyed a collection of twenty substantially in developing badges to they believe will help foster consumer vehicles with unique vehicle model and help establish and promote a positive enthusiasm for their vehicles with these technology-related badges. This image for their companies and to technologies. If consumers are more collection included badges dedicated to promote the use of alternative fuels, the likely to purchase these vehicles as a differing technologies such as stability agency next assessed whether result of this marketing investment, then control, engine size or type, driveline or standardization of existing labels or manufacturers will be more likely to badging for alternative fuel vehicles recoup their investment in technologies 13 Hyundai Bluedrive campaign information would in fact be beneficial, and if so, that reduce petroleum consumption http://www.hyundaiusa.com/about-hyundai/ what form that standardization should environment/ (last accessed January 27, 2014) (and increase their perception as a 14 take. ’’Nissan Versa gets radical new look, better gas socially-responsible corporation), mileage’’ USA Today. http:// As one example, Ford uses a ‘‘Road potentially leading to more investment content.usatoday.com/communities/driveon/post/ and Leaf’’ symbol that depicts, as the in technologies that reduce petroleum 2011/04/nissan-versa-radical-new-style-11000-july- title implies, a road leading to a green consumption and benefiting the U.S. sale-new-platform/1 (last accessed: January 27, leaf. The symbol may appear on their 2014). 15 NFPA 52: Vehicular Gaseous Fuel Systems vehicle’s lift-gates, front doors and 12 ‘‘GM: ‘‘Live Green Go Yellow’’; http:// Code. http://www.nfpa.org/aboutthecodes/ engine appearance covers, or on other www.greencarcongress.com/2006/01/gm_live_ AboutTheCodes.asp?DocNum=52 (last accessed areas of the vehicle. Ford then green_g.html (last accessed January 27, 2014). January 27, 2014).

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alternative fuel capability. In all, 34 technology specific badges was millimeters. Model name badges were badges were evaluated representing 19 approximately 18.4 millimeters. The slightly more consistent with a range of different vehicle models and nine text sizes ranged from approximately 15 millimeters to 42 millimeters and an different vehicle brands. 4.75 millimeters to 31 millimeters for average of approximately 20.3 Overall, the agency learned the technology-specific badges with an millimeters. Please see Table II–1 for average size of text found on vehicle average of approximately 16.4 badge and measurement details. badges across both model and

TABLE II–1—VEHICLE BADGE TEXT APPROXIMATE SIZES

Model Technology name badge Make Model Comment High Low High Low (mm) (mm) (mm) (mm)

Audi ...... Q7 ...... 35 27 23 23 TDI (Diesel) Badge. BMW ...... 530i ...... 22 22 (*) (*) No Technology Badge. Chevrolet ...... Malibu ...... 17 17 31 17 Hybrid badge. Chevrolet ...... Express (Van) ...... 26 26 13 13 Stabilitrak—Foil with Overlay. Chevrolet ...... Uplander ...... 20 20 17 4.75 Flex Fuel (yellow). Chevrolet ...... Express (Van) ...... ** 26 ** 26 27 27 Standard CNG Diamond Symbol. Chevrolet ...... Suburban ...... 20 20 (*) (*) Flex Fuel (green). Chevrolet ...... Impala ...... 20 20 ** 17 ** 4.75 Flex Fuel (yellow) overall badge height is approximately 21 mm. Dodge ...... Caravan ...... 20 20 11 5 Flex Fuel with E85 Ethanol. Dodge ...... Avenger ...... 15 15 ** 11 ** 5 Flex Fuel—same as Caravan. Badge height is 15 mm. Ford ...... Fusion ...... 15 15 15 15 Hybrid badge letters. Road and Leaf symbol is approximately 50 mm. Ford ...... Focus ...... 15 15 (*) (*) Height is based on sub-model ‘‘SE’’ designation. Ford ...... Explorer ...... 22 22 14 14 Size is for roll stability control (RSC) designation—Advance Trac text above RSC is 10 mm. Ford ...... F–150 ...... 18 18 10 10 Flex Fuel—Two Rows of 10 mm text. Honda ...... Accord ...... 22 15 25 25 V6 Badge. Honda ...... Insight ...... 15 15 14 14 Hybrid badge—overall height is ∼20 mm. Jeep ...... Liberty ...... 42 32 21 21 Height is based on ‘‘3.7L’’ engine designation— 4x4 badge same. Toyota ...... Camry Hybrid ...... 15 15 5 5 Three rows of 5 mm text—Hybrid Synergy Drive. Toyota ...... Highlander ...... 23 23 20 19 4WD Badge. Volkswagen ...... Jetta ...... 17 17 17 17 2.5L Engine designation. * Indicates no badge. ** Duplicate measurement not included in calculations.

Average Text Height (mm)

Ranges Model and Technology Badges—High to Low ...... 21.0 19.7 17.5 15.3

Averages Model and Technology Badges ...... 20.3 16.4

Overall ...... 18.4

With respect to badge color, the consumption. These manufacturers investigation of symbols used by the agency found that most badges surveyed view their efforts as contributing FHWA and those defined jointly by the had a chrome or silver finish. Most of positively to their brand image, through International Organization for the badges surveyed had letters both traditional campaigns and, in some Standardization (ISO) and the Society of (particularly the vehicle model names) cases, tying-in those campaigns by Automotive Engineers (SAE). finished in chrome. The majority of the applying badges to their vehicles. The The FHWA currently specifies technology badges consisted of chrome agency believes that, based on symbols associated with alternative letters; however, in some cases the text manufacturers’ experience with how fuels as part of their ‘‘General Service was displayed in a dark color, usually badging designs deliver alternative fuel Signs’’ included in the Manual on black, recessed into a chrome information to consumers, it is Uniform Traffic Control Devices.16 background. important to carefully consider the Based on information obtained from views of the manufacturers, as well as 16 The National Manual on Uniform Traffic manufacturers and through research as their investments developing and Control Devices (MUTCD) defines the standards promoting alternative fuel usage. used by road managers nationwide to install and part of the development of this maintain traffic control devices on all public streets, proposal, NHTSA learned that some NHTSA also conducted research on highways, bikeways, and private roads open to vehicle manufacturers have made whether widely-accepted symbols exist public traffic. See 23 CFR Part 655, Subpart F. The MUTCD is also available at http:// significant investments in promoting for alternative fuels that the agency mutcd.fhwa.dot.gov/index.htm (last accessed alternative fuel and other advanced might consider for use in alternative January 27, 2014). Within the MUTCD, FHWA technologies that reduce petroleum fuel vehicle badging. This included prescribes a number of standardized symbols for

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These symbols are intended for ‘‘CNG,’’ in white or silver, centered in the symbols required by those application to official interstate signage a diamond shape with blue background. standards, even if they did cover the full typically found in advance of interstate The NFPA label is intended to inform range of alternative fuels, would highway exit ramps, and include first responders (and others that may necessarily be complementary to the symbols (and sometimes supporting come in contact with or attempt to exterior vehicle appearance. The FHWA language) for vehicle electricity charging repair a damaged vehicle) that a vehicle General Service Signs symbols are used stations, and ethanol (E–85 in may carry different fire risks than that for fuel and charging stations and might particular) and propane fueling stations, of a conventional-fuel vehicle, and not integrate well with existing exterior among others. However, the FHWA’s should be handled with those different badges if placed on a vehicle. Further, General Service Signs symbols do not risks in mind. Some states mandate the both the FHWA symbols and the SAE/ cover all alternative fuels. (See Figure use of the ‘‘blue diamond,’’ presumably ISO fuel symbols may not clearly II.A–12 in ‘‘Examples of Existing to maximize the safety of crash response communicate the differences between Alternative Fuel Badges and Symbols,’’ by assisting first responders, who have alternative fuels beyond the short and in Docket NHTSA–2010–0134). been trained to recognize the meaning of standardized acronyms located on the ISO and SAE have developed a fuel the symbol. It would presumably also fuel pump symbol. As a result, the symbol for use on vehicle controls, assist first responders if manufacturers agency does not believe that the indicators, and warning lamps in added the label to their vehicles symbols established by the consensus passenger cars, light and heavy voluntarily. NHTSA recognizes that standards are particularly useful for commercial vehicles, and buses, to help there may be safety benefits associated adoption as permanently affixed vehicle standardize fuel identification and with standardizing the use of such badges in this proposed rulemaking, as increase consumer understanding. The symbols. these symbols were not developed for symbols depict a typical fuel station However, NHTSA believes the use on vehicle exteriors and/or as a pump and guidelines for specifying the purpose of the EISA requirement is to component of larger campaigns. After fuel type that should be represented at inform the general public of the type of assessing whether standardization of the base of the symbol. There are SAE/ alternative fuel the vehicle uses existing manufacturer labels or badging ISO symbols for multiple fuel types, regardless of their level of familiarity would best serve the informative including some, but not all, of the with alternative fuels. While the use of purpose of this proposal, the agency alternative fuels covered by this an acronym in the NFPA labels is concluded that the existing market proposal (e.g., liquefied petroleum gas sufficient for first responders because examples do not lead to a clear (LPG), CNG, diesel, hydrogen, etc.).17 they are already familiar with this fuel conclusion that one approach is (See Figure II.A–13 in ‘‘Examples of type and its shorthand, we are not superior to another. Existing Alternative Fuel Badges and convinced that it would effectuate EISA’s goal of consumer education B. ‘‘Owner’s Manual Information’’ for Symbols,’’ in Docket NHTSA–2010– Alternative Fuel Capable Vehicles 0134). better than the natural language ‘‘natural While reviewing information NHTSA and the EPA jointly required gas’’ badge proposed here. NHTSA currently provided to owners, the symbols designating vehicle fuel type therefore believes the ‘‘natural gas’’ agency learned that vehicle on the new fuel economy and badge proposed in this rule will provide manufacturers producing vehicles environment labels discussed above. consumer education benefits not currently provided by the NFPA label. capable of operating on alternative fuels These symbols identify seven different NHTSA also believes the provide owners with information vehicle technologies: gasoline, diesel, standardization provided by the regarding the alternative fuel capability, ethanol flexible fuel vehicles, proposed ‘‘natural gas’’ badge is an typically in the owner’s manual. compressed natural gas, battery electric, additional benefit not served by the Manufacturers generally provide fuel cell, and plug-in hybrid vehicles, NFPA label, which is not mandatory in information that they believe is and theoretically could be used as a most states. important for owners to understand starting point for badging purposes. NHTSA seeks comment on any regarding safe operation and However, as with the FHWA symbols, potential overlap or conflicts between maintenance of their alternative fuel some potential alternative fuels are not the proposed badge for natural gas and vehicles. However, the agency found currently addressed. the existing NFPA ‘‘CNG’’ label. that manufacturers currently provide The National Fire Protection Specifically, NHTSA seeks comment on very little to no substantive information Association (NFPA) currently provides whether the existing NFPA label already regarding the energy security and guidance on labeling of compressed serves the consumer education purpose environmental benefits of alternative natural gas vehicles that has been of this proposal due to a high level of fuels. incorporated into some state laws, as consumer familiarity with the ‘‘CNG’’ In looking for information that could noted in the Honda labeling discussed acronym. If commenters support be required for inclusion in owner’s previously. (See Figure II.A–11 in NHTSA considering the existing NFPA manuals, NHTSA also considered ‘‘Examples of Existing Alternative Fuel label for consumer education purposes, alternative fuel information developed Badges and Symbols,’’ in Docket NHTSA requests that commenters by other federal government agencies. NHTSA–2010–0134). The NFPA- provide data that shows existing The agency found various forms and recommended label has the letters consumer familiarity with the NFPA depths of alternative fuel information label and the CNG acronym. from federal agencies. Federally- highway signs referring to alternative fuel In summary, the agency found that, developed alternative fuel information availability, as discussed above. See http:// mutcd.fhwa.dot.gov/htm/2009/part2/part2i.htm while there appear to be consensus is disseminated through agency Web (last accessed January 27, 2014). standards for symbols for some sites and printed materials. This 17 See SAE J2402: ‘‘Road Vehicles—Symbols for alternative fuels, those standards do not information can be highly scientific or Controls, Indicators, and Tell-tales’’, published cover the range of fuels that NHTSA very cursory depending on the target January 2010, symbols number(s) G.09, Z.03. SAE J2402 is available on file with the agency and can believes it needs to address in this audience or the message conveyed. be purchased at http://standards.sae.org/j2402_ proposed rulemaking. Moreover, the The DOE’s Alternative Fuels and 201001/ (last accessed January 2, 2014). agency is not persuaded at this time that Advanced Vehicles Data Center

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(AFDC),18 for example, describes itself II.C–4 in ‘‘Examples of Existing Fuel This proposal would apply to as ‘‘a comprehensive clearinghouse of Compartment Labels,’’ in Docket manufacturers of new vehicles information related to advanced NHTSA–2010–0134). (passenger cars, low speed vehicles, and transportation technologies’’ and states In discussions with manufacturers,20 light-duty trucks). As the purpose of that it ‘‘offers transportation decision the agency learned that, at the time this these provisions arguably is to provide makers a collection of unbiased proposal was developed, some do not information on all alternative fuel alternative fuel information, provide any labeling information at the capable vehicles on the road, regardless publications, data, and tools.’’ NHTSA fuel compartment filler (i.e., charge of their origin, NHTSA believes that it believes this could be a useful source for port) for electric vehicles. One may also be appropriate to apply these information to describe a vehicle’s manufacturer of electric vehicles requirements to vehicle alterers.24 capability to operate on alternative fuels indicated that, while not currently However, the agency has limited and the benefits of using alternative present, labeling at the charge port may information on the universe of alterers fuels, including their renewable nature be necessary to assist consumer that could be subject to this rule, and environmental benefits, given that understanding of connection type and including how the inclusion of alterers agency’s expertise in these issues. ratings. might affect the cost-benefit and small Until April 2013, the FTC required Fuel compartment labels for business impact analyses. The agency vehicle manufacturers to affix a label to compressed natural gas and hydrogen therefore seeks comment on the all new alternative fuel vehicles offered to vehicles in production today, or aspects of the appropriateness, potential consumers for sale or lease. This label planned for near-term introduction, benefits, and practicability of extending contained a series of key points to were similar in nature to the NFPA- these requirements to alterers. inform consumers about alternative recommended labels found on the B. Alternative Fuel ‘‘Permanent and fuels either prior to or at the point of exterior of the vehicles that were Prominent Display’’ vehicle purchase or lease. Vehicle described in Section II.A. Manufacturers dealers were required to keep the label using labels for these gaseous fuels EISA states that the Department of on the vehicle until it was either sold or derived the labels from standards to Transportation (by delegation, NHTSA) leased. promote safety in fuel handling for shall develop requirements for vehicle Some vehicle manufacturers provide owners and, potentially, emergency manufacturers to label vehicles with a training information to dealer sales responders. ‘‘permanent and prominent display that personnel regarding alternative fuels. For more traditional liquid fuel types an automobile is capable of operating on an alternative fuel.’’ To meet this For example, Chrysler produces like gasoline and diesel, manufacturers statutory requirement, NHTSA information intended as an aid in provided labels and colored fuel caps, considered how manufacturers will answering questions consumers may with the intention to reduce the meet the requirement that the display be have regarding alternative fuel vehicles, likelihood of a vehicle being fueled with ‘‘permanent and prominent,’’ and also in order to ease pre-purchase concerns an incorrect or incompatible fuel type, the content of the display. According to or correct possible misinformation. which could lead to possible severe Merriam-Webster Online dictionary,25 damage to a fuel or exhaust system, or C. Fuel Compartment Label for ‘‘permanent’’ means ‘‘continuing or engine. Alternative Fuel Vehicles enduring without fundamental or The agency gathered and identified III. What is the Agency proposing? marked change,’’ while ‘‘prominent’’ many examples of fuel compartment means ‘‘standing out or projecting A. Who would be affected by this beyond a surface or line,’’ and ‘‘display’’ labeling including labels for ethanol, Proposal? hydrogen, compressed natural gas and means ‘‘to put or spread before the electricity. The labeling ranged from an This proposal would affect companies view’’ or ‘‘to make evident.’’ For adhesive label with text, an adhesive that manufacture in the U.S. market purposes of this proposal, the agency is label containing text and a graphic automobiles rated at not more than interpreting ‘‘permanent and prominent symbol, to a fuel tank ‘‘cap’’ which is 8,500 pounds gross vehicle weight 21 display’’ as a display that is intended to labeled with text indicating the which are capable of operating on the be affixed to a vehicle for the vehicle’s appropriate fuel type, and sometimes following alternative fuels: 22 entire useful life while providing clear, combinations of those elements. (See • Methanol 23 visible information that the vehicle is Figures II.C–1 through II.C–2 in • Denatured ethanol 23 capable of operating on an alternative ‘‘Examples of Existing Fuel • Other alcohols 23 fuel. Compartment Labels,’’ in Docket • Natural gas NHTSA seeks comment on the NHTSA–2010–0134). • Liquefied petroleum gas assumptions, reasoning, and In addition to the adhesive label • Hydrogen conclusions described in this section as examples and text on the fuel cap, the • Coal-derived liquid fuels underlying this proposal. agency found that in some cases, if a • Fuels (except alcohol) derived from In terms of ‘‘permanence,’’ vehicle is alternative fuel capable, a biological materials manufacturers currently develop badges specific, colored fuel tank cap is used. • Electricity (including electricity from for vehicle model names, manufacturer For the most part, these caps were solar energy) brand logos and other vehicle colored yellow to indicate ethanol information to specifications intended to allow the badge to remain attached to capability.19 (See Figures II.C–3 through cap was colored green, but in most cases the cap color was black. the vehicle over its useful life. NHTSA 18 http://www.afdc.energy.gov/afdc/about.html 20 NHTSA’s records of these meetings are would expect that any badges developed (last accessed: January 2, 2014). available in the docket for this rulemaking. 19 While not an alternative fuel, the agency also 21 49 U.S.C. 32908 (a)(1). 24 An alterer in this context would be someone received examples showing the color green used to 22 As defined by 49 U.S.C. 32901 (a)(1). that converts for sale or re-sale a conventional- indicate a vehicle operates on diesel fuel. Fieldwork 23 Note: To be considered an alternative fuel, fueled vehicle to one capable of operating on an performed by the agency confirmed inconsistent alcohol derived fuels need to be blended at levels alternative fuel. use of color for fuel filler caps for diesel fuel across of at least 85 percent of the total mixture when 25 http://www.merriam-webster.com/ (last various vehicle manufacturers. In some cases, the blended with gasoline or other fuels. accessed January 27, 2014).

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for this proposal, or that already meet NHTSA does not believe that NHTSA considered whether to try to this proposal, would be of similar Congress intended for vehicles to be develop a set of symbols for badging specifications and able to last for the labeled generally as ‘‘alternative fuel’’ or purposes. If the agency attempted to vehicle’s useful life without specifying ‘‘alternative fuel capable.’’ 49 U.S.C. specify a set of symbols for the variety actual test procedures to measure this 32901(a)(1) has long enumerated of alternative fuels, we believe that it requirement. specific alternative fuels, which were would need to be accompanied either by In terms of ‘‘prominence,’’ NHTSA is already defined when Congress created evidence that the symbols were proposing to require the alternative fuel the ‘‘permanent and prominent display’’ intuitively comprehended by most badge to be on the vehicle exterior, at requirement. Thus, NHTSA believes people, or by a significant education the rear of the vehicle and in proximity that, rather than repeating the existing effort to inform consumers of their to the vehicle model name or model enumerated list of alternative fuels in meaning. The variety of fuels covered by designation. In terms of proximity, 32908(g), Congress intended for that list the term ‘‘alternative fuel’’ imposes NHTSA proposes the badge be to be referenced by 32908(g). educational challenges, and the agency positioned either directly below or to Additionally, if the purpose of EISA is believes that the fact that Congress the right of the vehicle model name or to promote energy conservation and the mandated educational efforts in EISA model designation found on the rear of use of non-petroleum fuels, NHTSA regarding the use and benefits of the vehicle. In the case where no model does not believe that a generic alternative fuels points to a general lack name or designation is intended for the alternative fuel vehicle label would of public knowledge about alternative rear of the vehicle, NHTSA proposes the promote the same level of consumer fuels. badge be placed at the lower right understanding about the variety of Even if the symbols were developed corner of the vertical trunk lid, closeout alternative fuel options available to and consumer research indicated there 26 panel, rear hatch or rear fender, consumers. NHTSA believes that more was general comprehension of the depending on the vehicle type and specific labels would clearly symbols, the agency is concerned that configuration. NHTSA does not intend differentiate among technologies and there is a risk that a significant number to require that the proposed badges take specifically identify advanced of consumers will not interpret the visual or physical precedence over technologies, such as BEVs, PHEVs, and symbols consistently if they were existing vehicle manufacturer brand FCVs, for which manufacturers eventually implemented. At this time, logos, model names, or designations. generally have made significant the agency believes a considerable Vehicle manufacturers have investments in research development, amount of research would be required to demonstrated expertise in the design of capital equipment and facilities. While develop symbols representing badges and the placement of badges some manufacturers do currently alternative fuels that are easily such that they provide clear and visible incorporate similar label elements in a comprehended by most people. The identification of the company logo. variety of alternative fuel or advanced agency believes that even if NHTSA considered whether to propose technology vehicles, they also typically considerable research was conducted to less obtrusive displays, such as clear- include distinctive elements for each develop the symbols, consumers still background adhesive window labels, technology to identify and promote would not interpret them consistently, but has tentatively concluded that such those technologies. Because of these and therefore the agency does not displays would be insufficiently considerations, NHTSA tentatively believe that symbols for alternative fuel ‘‘prominent’’ to fulfill EISA’s intent. If concludes that vehicle labels should vehicle badging are the best solution for commenters suggest that an approach specify which alternative fuel a vehicle meeting the EISA requirement. other than exterior vehicle badging is capable of, rather than simply Additionally, as discussed above, many should be used, NHTSA requests that identifying it as ‘‘alternative fuel.’’ they provide specific detail on what The agency has developed a lead manufacturers have already invested their preferred approach would entail proposal and one alternative proposal considerable resources in developing and why exterior vehicle badging would that use natural language. The agency their own symbols, and the agency does be less permanent than the commenter’s considered an alternative that used not wish to impact that investment preferred approach, less informative for symbols, but is not proposing that unnecessarily by requiring consumers than the commenter’s option. The agency assessed the natural manufacturers to replace their symbols preferred approach, or more language approach and approaches with standardized ones if the agency is burdensome for manufacturers than the using symbols and recognizes there are not confident that consumers will be commenter’s preferred approach. advantages to both approaches. able to determine what standardized The next question that NHTSA Existing symbols, for the most part symbols mean. considered was the content of the and regardless of source, having already Natural language, on the other hand, display—whether NHTSA should endured development and approval should be more readily understandable require vehicles to be labeled generally processes, are generally accepted in for consumers (even if some of the as simply ‘‘alternative fuel’’ or certain contexts to represent alternative alternative fuels remain somewhat ‘‘alternative fuel capable,’’ whether fuels. They are relatively design-neutral, limited in vehicle use and not vehicle labels should reference the which should help them to harmonize commonly seen on the roads), and less specific alternative fuel, and whether better with manufacturer-developed subject to inaccurate interpretation. the display should consist of a symbol designs that manufacturers may wish to Manufacturers already employ natural (or symbols) or in the form of natural continue applying. They also may help language in many cases to identify language.27 These are not questions consumers’ recognition of alternative vehicle model names, vehicle answered directly by Congress in EISA. fuel symbols insofar as they may already manufacturer names, and unique be used at fueling stations, in roadside vehicle model designations. In addition, 26 Specifically in the case of LSVs where there signage, and at other locations on an because natural language is may be no trunk, closeout panel or rear hatch as alternative fuel capable vehicle. straightforward, research would not be part of the vehicle design. Based on the finding that there is not required. Natural language would meet 27 Webster’s Third New International Dictionary: Natural language: A language that is the native a single source for widely-recognized EISA statutory requirements. However, speech of a people. alternative fuel symbols for vehicles, the agency seeks comment on this

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assessment and the proposal to require symbolic form and, over time, new discussed above, which includes in natural language descriptions. alternative fuel types may be introduced some form the alternative fuel type in With these tentative conclusions in to the market. Adding new fuel types natural language. The required natural mind, NHTSA’s proposal for a may involve revisiting and republishing language terms for alternative fuels are ‘‘permanent and prominent display’’ is standards, a time consuming process. In defined in the following table. NHTSA as follows: addition, the symbols identified while believes that this requirement to 1. ‘‘Permanent and Prominent Display’’ researching this proposal were standardize terminology for alternative Content Proposal fundamentally developed for use on fuel vehicles (and to label all alternative controls, the vehicle instrument cluster, Based on the available badging and fuel vehicles) could be easily and road signs, versus the vehicle implemented by manufacturers, and consumer information reviewed by the exterior. The agency believes the agency, there appear to be virtually no would foster consumer recognition of symbols may have taken a different form alternative fuel vehicles on the roads standardized practices associated with if designed from the outset as an without encroaching on existing displaying a vehicle’s alternative fuel exterior badge, where aesthetics and programs that promote vehicles capable capability. Some vehicle manufacturers complementing an overall theme may of operating on alternative fuels or have developed unique badges, and in take a higher priority than they would some cases consumer campaigns, to for controls, warning lamps or road established brand equity, since promote alternative fuel capability for signs. Overall, this proposal is intended manufacturers will still be able to their specific, advanced technologies to provide a degree of standardization incorporate the natural language into that decrease petroleum consumption. across the industry without encroaching their own preferred designs/branding. Through this proposal NHTSA remains on manufacturer investment, creativity This approach is also consistent with committed to promoting manufacturer and resources utilization in promoting the agency’s interpretation of EISA that, investment in alternative fuel vehicles alternative fuels. at minimum, the type(s) of alternative and to avoid the redundancy of both In order to accomplish these goals, fuel on which a vehicle is capable of manufacturers and NHTSA investing NHTSA is proposing as follows: The operating should be identified. Table time and effort in developing alternative agency has tentatively concluded that III–1 provides detail of the proposed fuel-specific symbols for each vehicle. the regulation should specify that natural language text associated with Based on the agency findings, all fuel manufacturers must provide a the alternative fuels covered by this types may not be represented in a ‘‘permanent and prominent display,’’ as proposal.

TABLE III–1—PROPOSED ‘‘PERMANENT AND PROMINENT DISPLAY’’ LANGUAGE

Alternative fuel 28 Proposed badge natural language minimum description

Methanol 29 ...... Methanol. Denatured Ethanol 29 ...... Ethanol. Other Alcohols 29 ...... Name of other alcohol derived fuel. Natural Gas ...... Natural Gas. Liquefied Petroleum Gas ...... Propane. Coal Derived Liquid Fuels ...... Coal to Liquid. Hydrogen ...... Hydrogen. Fuels (except alcohol) derived from biological materials ...... Biodiesel 30 or name of other fuel derived from biological materials. Electricity (Battery Electric Vehicle) ...... Electric. Electricity (Plug-In Hybrid Electric Vehicle) ...... Plug-In Hybrid Electric.

As identified, the proposed badge background color in order to ensure these minimum sizes to help ensure natural language description is the readability. readability, based on the precedents set minimum language to be included and Based on the survey of current by the survey of current production does not preclude the inclusion of other production vehicle model and vehicle badges (which are assumed, for information related to the alternative technology badges, the agency proposes the most part, to include readability fuel capable vehicle such as dual-fuel a minimum for the defined ‘‘natural from a reasonable distance as design capability or acceptable blend level language minimum description’’ be no criteria), while still providing ample such as E85, if applicable. less than 15 millimeters. This latitude in the overall badge design. fundamentally aligns with the minimum In addition, the agency proposes the In surveying current production average text size found on technology defined ‘‘natural language minimum vehicle badge designs, the agency does related badges currently in production description’’ is presented with a clear see the need to propose a minimum and is intended as a minimum size difference, or the use of differences, letter height measurement and to have when the ‘‘natural language minimum between the lightest and the darkest the alternative fuel name presented in a description’’ is presented as a parts of the fuel name. While manner providing clear contrast standalone badge containing no other conducting research for this proposal, between the letters and their text. In cases where the ‘‘natural the agency observed that current language minimum description’’ is production vehicle model names and 28 As defined by 49 U.S.C. 32901(a)(1). accompanied by other language, as one manufacturer brand logos are 29 Note: To be considered an alternative fuel, badge, the agency proposes a minimum predominantly finished in chrome or, in alcohol derived fuels need to be blended at levels text size of 5 millimeters for the some cases, shades of silver; a trend that of at least 85 percent of the total mixture when ‘‘natural language minimum applies historically as well. The agency blended with gasoline or other fuels. 30 The agency notes that it recognizes only ‘neat’ description’’ and the accompanying text presumes these finishes and colors biodiesel (B100) as an alternative fuel. 63 FR 15322 with an overall minimum badge height provide maximum flexibility for (Mar. 31, 1998). of 15 millimeters. The agency proposes application to the wide array of vehicle

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colors available to consumers without 2. Alternative Display Content this regulation. In addition, the hindering readability or attractiveness. Considered by the Agency approach would need to be coupled With this in mind and to align with NHTSA also considered whether to with a customer education program in vehicle badging trends, the agency specify a standardized word or symbol order for it to be effective, creating proposes the letters of the alternative design for each type of alternative fuel further delay, and without the guarantee fuel name to be finished in chrome or and require that the applicable design that the symbols developed would ever a silver color. If the alternative fuel be used on all alternative fuel capable be immediately recognizable by name in the badge contains a vehicles sold in the United States, consumers. For the third alternative, NHTSA background color independent of the supplanting any existing manufacturer- considered soliciting proposed designs vehicle color, the agency proposes this applied badging for alternative fuel for each alternative type from interested background color should provide clear capability. NHTSA considered three parties, and choosing one of those contrast to the alternative fuel name. different ways to develop the standard particular designs as the standard As proposed, the minimum size and design for each alternative fuel, as design for each type of alternative fuel letter finish are applicable to only the discussed below. vehicle. This approach could For the first alternative, NHTSA alternative fuel badge ‘‘natural language significantly benefit a manufacturer considered using and/or adapting the minimum description’’ and not whose existing design was chosen, as FHWA or SAE/ISO symbols discussed applicable to any other text that may be they would have already invested in included on the badge. above in a way that could make them tooling and would have significant lead more applicable for automobile badging. time and cost advantage over other As an example of what this might These symbols, having already been look like, during research for this manufacturers. This approach would through development and approval also eliminate the effort, and associated proposal, the agency identified a current processes, are generally accepted in production flex-fuel badge at a retailer cost, for any other manufacturers who certain contexts to represent alternative do not currently have such a program, location where, along with the fuels. They have the benefit of being prominent ‘‘flex-fuel’’ designation, the as they would not have to invest in relatively design-neutral, which could development of their own design. badge included the word ‘‘ethanol’’ in help them harmonize better with the overall badge design. The agency However, NHTSA is concerned that a manufacturer-developed designs, and design-mandated approach may not be would consider that badge to meet the they could also help consumers’ compatible with future ideas that minimum requirements of the proposed recognition of alternative fuel symbols, manufacturers may develop regarding regulation. (See Figure III.B–1 in insofar as they may already be used at exterior design and may limit creativity ‘‘Examples of Existing Alternative Fuel fueling stations, in roadside signage, in their advertising approaches for Badges and Symbols,’’ in Docket and at other locations on an alternative alternative designs. NHTSA–2010–0134). fuel capable vehicle (See Figures II.A– All of these alternatives could The agency believes that this 9 & 10 in ‘‘Examples of Existing potentially create burden for approach would both permit and Alternative Fuel Badges and Symbols,’’ manufacturers who have made efforts to promote manufacturer investment in in Docket NHTSA–2010–0134). develop brand equity for their own their own badging and brand equity for However, because symbols do not alternative fuel strategies including the alternative fuel vehicles, and would not exist for some of the fuel types in either use of symbols to provide a interfere with broader manufacturer the FHWA or the SAE/ISO set of representative meaning or to represent campaigns to promote both alternative symbols, the agency would still need to something abstract through their vehicle fuel vehicles and vehicle petroleum develop symbols for those other fuel badges. In addition, some manufacturers consumption-reducing technologies. types, similar to the other alternatives have even obtained trademark rights to Any activity, whether required by the discussed below. In addition, because these symbols and names, so selecting a government or undertaken voluntarily the symbols were developed for use on single manufacturer design as the by the industry, which promotes the controls, the vehicle instrument cluster standard could introduce the need for benefits and availability of these and road signs, rather than for use as a potential trademark and copyright vehicles, could help to drive sales and vehicle badge, the agency remains arrangements among manufacturers, concerned that the symbols may have reduce the overall consumption of which could be exceedingly taken a different form if designed from petroleum-based fuels. burdensome for other manufacturers the outset as an exterior badge, where whose design was not chosen. It may be However, there is still some risk that aesthetics and complementing an inappropriate for NHTSA to give despite standardization of the natural overall vehicle theme may take a higher manufacturers the advantage of being language designation for the alternative priority, and specified guidelines for ‘‘ahead’’ of other manufacturers if their fuel type, other inconsistencies across application to controls, warning lamps symbol is the one chosen. NHTSA does manufacturers’ representations could and road signs are not applicable. not wish to discourage vehicle slow consumer understanding about For the second alternative, NHTSA manufacturers from investing in different alternative fuel vehicles. In considered developing new symbol promoting alternative fuel vehicle addition, NHTSA has evaluated all the designs to represent each of the technologies and other petroleum-fuel existing or planned vehicle alternative fuel vehicle types covered by consumption reduction technologies; manufacturer badges and is aware that this proposal. This approach could be doing so would not be consistent with some of these badges may still require used to fill in the gaps in the approach the agency’s and EISA’s goals. some re-tooling to incorporate the above, or to start from scratch The agency seeks comment generally specific fuel type in natural language. developing designs specific to this on this aspect of the proposal and these Despite these issues, the agency has application. However, NHTSA is alternatives, and specifically on the tentatively decided that this approach is concerned that significant new research following questions: preferable to a more prescriptive would be necessary for such an • Do commenters believe that the approach, some of which are discussed approach, which could lead to proposed natural language descriptions below as regulatory alternatives. additional delay in the development of for the alternative fuels covered by this

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proposal are appropriate and majority of manufacturers who produce somewhat generic text with references recognizable? If not, what do alternative fuel vehicles. to additional, more dynamic sources commenters suggest, and why? As for the ‘‘permanent and prominent like internet Web pages avoids • Do commenters believe the agency display’’ of alternative fuel capability, published information becoming NHTSA considered whether it should should conduct research regarding the obsolete and less useful to consumers. simply create general guidelines for potential advantages of using symbols And again, we anticipate that these topics and allow manufacturers to instead of natural language (after standardized generic text describing the develop their own text, or whether the finalization of natural language badging benefits of alternative fuels will reduce agency should specify the text that in the current rulemaking) to develop a the burden on manufacturers, who manufacturers would be required to use. would not be required to develop, or new series of symbols for alternative NHTSA has tentatively concluded that fuel vehicles, that might be included in seek approval for, their own alternative specifying required text rather than fuel owner’s manual information. a later rulemaking? If so, why? What simply providing guidelines for research should the agency undertake? manufacturers to develop their own text Additionally, in order to benefit from How far in the future should the agency would be the best approach. the expertise of other federal agencies be aiming to develop and promulgate Manufacturers would be required to active in alternative fuel vehicle issues, such a series of symbols for this include the NHTSA-specified text with NHTSA consulted with the FTC to requirement, if the agency chose to the owner’s manual information of discuss potential alignment of content pursue this path? every alternative fuel vehicle that they for proposed owner’s manual • Do commenters believe the agency produce for sale in the United States, information with the (until-recently) should require additional labels/badges but would also be permitted to develop required 32 FTC-alternative fuel label and/or other locations to enhance the additional text to describe their own found on all new alternative fuel information being presented for the use vehicles if they choose. NHTSA believes vehicles sold in the U.S. The agency and safety of first responders. In that this approach will help to ensure believes it may be helpful to consumers particular, to address potential badge that the owner’s manual information for to provide information that is consistent illegibility in the event of rear impact all alternative fuel vehicles covers the with the FTC label which was in the crash. required topics as thoroughly and marketplace between 1995 33 and April accurately as NHTSA believes is 2013. C. ‘‘Owner’s Manual Information’’ on necessary to implement EISA’s intent, The agency recognizes that there are Alternative Fuel Capability and Benefits and will also avoid the potential for many details and unique characteristics gaps in information that might occur if associated with each of the alternative EISA requires DOT (by delegation, the agency simply prescribed NHTSA) to develop regulations to fuels covered by this proposal, and that guidelines. NHTSA recognizes that this some consumers may prefer additional require vehicle manufacturers approach may reduce some amount of producing vehicles capable of operating information specific to their type of flexibility for manufacturers, but we alternative fuel vehicle. However, we on alternative fuels to include text in believe that the benefits of the vehicle owner’s manual information believe that requiring all of that standardization, in this case, likely information to be provided in the describing the capability and benefits of outweigh the drawbacks. owner’s manual may not be necessary, using alternative fuels, such as their Thus, assuming that NHTSA will renewable nature and environmental specify required owner’s manual text, as the extent and depth of this benefits. According to Merriam-Webster the second question that NHTSA information for each of these fuels is Online dictionary,31 ‘‘capability’’ means considered was whether the required vast, and can change over time. ‘‘the facility or potential for an indicated text should be general enough to cover Therefore, the agency believes that use or deployment,’’ ‘‘benefits’’ means all alternative fuel vehicles, or whether giving a foundation of more generic ‘‘something that promotes well-being’’ it should be specific to each individual alternative fuel vehicle information to and ‘‘renewable nature’’ suggests type of alternative fuel vehicle. NHTSA consumers, while providing a reference ‘‘capable of being replaced by natural has tentatively concluded that requiring to government-funded and supported ecological cycles or sound management generic text to cover all alternative fuel sources of additional information, is a practices.’’ In the context of owner’s vehicles rather than specifying better approach to implementing this manual information regarding individualized text for each type of statutory obligation. alternative fuel vehicles and alternative alternative fuel vehicle would be the Therefore, the agency is proposing to fuels generally, manufacturers currently best approach. Again, manufacturers require the following standardized text, appear to locate most of the information would be permitted to develop largely derived from the FTC developed that they provide in the owner’s manual additional text to describe their own alternative fuel label,34 to be included in in text format, but the information vehicles if they choose. the owner’s manual information of all provided on alternative fuels generally NHTSA believes that this approach vehicles which are capable of operating does not address the topics enumerated should benefit both consumers and by EISA. For purposes of this proposal, vehicle manufacturers by maintaining 32 In April of 2013, the Federal Trade Commission the agency is interpreting ‘‘owner’s consistent owner’s manual information issued final amendments to the Alternative Fuels manual . . . information that describes across all alternative fuel types in print Rule, consolidating the point of sale labels required [the] capability and the benefits of using form and reducing complexities on alternative fuel vehicles (AFVs) with those required by the U.S. Environmental Protection alternative fuels, including the associated with specific text for an Agency (EPA), eliminating the need for two renewable nature and environmental individual fuel type, while still allowing different labels and reducing the burden of benefits of using alternative fuels,’’ as alternative fuel information to evolve as complying with the Rule. (‘‘FTC Amends requiring more owner’s manual text new fuels become more prominent in Alternative Fuels Rule to Make Compliance Easier’’ the marketplace, production processes last accessed: January 2, 2014). than what is currently provided by the 33 http://www.ftc.gov/news-events/press-releases/ change or alternative fuel generation 1995/05/alternative-fuels-final-rule-issued (last 31 http://www.merriam-webster.com/ (last methods transform technologically and/ accessed: January 2, 2014). accessed January 2, 2014). or regionally. Using standardized, 34 16 CFR 309.20.

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on any of the alternative fuels covered For information about vehicle safety, compartment in order to obtain dual- by this proposal: please visit www.safercar.gov. fuel vehicle credits under 49 U.S.C. ‘‘{Section Heading:} Capabilities and The agency proposes that this text 32905(h).36 In other cases, the labeling Benefits of Using Alternative Fuels follow the same font and type size may be to provide key safety specification as other standard ‘‘body’’ This vehicle is recognized by the U.S. information to consumers or first text found throughout the owner’s Department of Transportation as an responders. And in yet other cases, fuel manual. In addition, the agency alternative fuel vehicle, because it is cap coloring may be employed to proposes that the text be located inside capable of operating on a biofuel, indicate the vehicle’s fuel-type a text box, bordered with a 1-pt. solid electricity, hydrogen, natural gas, compatibility to avoid miss-fueling. black line, with no other text in box. We propane or other fuel that is not derived However, not all alternative fuel believe that this will help the text stand vehicles currently have such labeling, primarily from petroleum. Alternative out to consumers and encourage them to and not all manufacturers have plans to fuel vehicles may provide benefits both review it. add such labeling. Of the manufacturers to their users and to the nation as a The agency seeks comment on this who do provide labels, the labeling is whole over their useful lifetime by proposed text with regard to whether it not consistent in either content or operating on non-petroleum-based meets the EISA statutory requirements, location. For purposes of this proposal, alternative fuels. Some of the benefits of whether the depth of the information is the agency is interpreting ‘‘a label . . . alternative fuel usage in this vehicle sufficient, whether the fuel type should attached to the fuel compartment of may include: be specified, and whether the references vehicles capable of operating on Energy and National Security: Driving to other government Web sites for the alternative fuels, with the form of this vehicle on alternative fuels may most up-to-date information regarding alternative fuel stated on the label,’’ as help to reduce our country’s alternative fuels are helpful. Should the requiring greater consistency than what dependence on foreign oil. The United agency require the inclusion of more or the majority of manufacturers are States imports a substantial amount of less information on alternative fuel currently providing for their alternative its petroleum, the majority of which is capability and benefits in the fuel vehicles. used to fuel vehicles in the form of standardized text? Are there additional The agency considered whether it gasoline and diesel. Petroleum imports benefits that should be added directly in should develop specific labels for can be vulnerable to supply disruptions the text? Should the text vary (in part or manufacturers to employ, or simply and price shocks depending on in its entirety) depending on the type of provide general guidelines like those of conditions in the countries that supply alternative fuel? If so, how should the 32905(h) and 32908(g)(3) that direct us with oil. By using alternative fuels, text vary? Should the agency include manufacturers to attach labels you may be helping the country be less different or additional references to Web indicating which alternative fuel a vulnerable to the supply disruptions sites or link technology such as the vehicle can operate on, but do not and price variability associated with QRTM code found on the recently otherwise specify the content or form of imported oil, and supporting U.S. revised fuel economy label? If so, what the label. NHTSA has tentatively alternative fuel producers. type of technology and to what Web concluded that the label can take the Environmental Benefits— sites? Commenters should include form of an adhesive-type label or Renewability and Emissions: Many specific suggested changes (and their language ‘‘screen-printed’’ directly on alternative fuels are renewable, which reasons for the suggested changes) for the exterior of the fuel cap or the fuel means that their sources can be the agency’s consideration. compartment access door, in a similar replenished—like plant-based ethanol, style to those found in production today or solar-powered electricity. Renewable D. Fuel Compartment Alternative Fuel to meet the 32905(h) requirement, that fuels may have less environmental Identification is specified and designed to remain impact than conventional fuels. EISA requires DOT (by delegation, affixed to the inside of the fuel Additionally, compared with vehicles NHTSA) to develop regulations to compartment access door or fuel cap fueled by conventional, petroleum- require a label to be attached to the fuel over the entire useful life of the vehicle. derived diesel and gasoline, many compartment of vehicles capable of NHTSA believes this will best fulfill alternative fuel vehicles are estimated to operating on alternative fuels, with the EISA’s intent to provide consumers with reduce the life cycle greenhouse gas form of alternative fuel stated on the clear, consistent and useful information. emissions of carbon dioxide. label. EISA adds that a label attached in The labeling should clearly state the Fuel Type and Availability: compliance with the requirements of 49 specific alternative fuel type(s) and, for Alternative fuels are increasing in U.S.C. 32905(h) would be deemed to gaseous or electrically fueled vehicles, availability. To learn more about the meet the requirements. According to the proper/safe capacities for availability of alternative fuel that can Merriam-Webster Online dictionary,35 replenishing the fuel supply. power this vehicle, please visit the ‘‘attached’’ means ‘‘permanently fixed,’’ If a manufacturer is already applying Department of Energy’s Alternative while ‘‘compartment’’ suggests ‘‘a labeling pursuant to 32905(h), NHTSA Fueling Station Locator at http:// separate division or section.’’ In the would not require an additional www.afdc.energy.gov/afdc/locator/ context of this requirement, most separate label for compliance, but stations/ to determine the location of manufacturers offering alternative fuel existing labels may require modification refueling and/or recharging facilities vehicles either already have or intend to to comply with the proposed label that meet your driving needs. have, in the near future, some form of content. The agency is proposing a list of Additional Information Resources labeling plan in place for the fuel compartment of those vehicles. These content requirements for the label. Table For more information about labeling plans may be driven by one or alternative fuels and alternative fuel multiple reasons. In some cases, vehicle 36 We note that because the 32905(h) requirement vehicles, please visit the Department of does not apply to dedicated alternative fuel vehicles manufacturers are labeling the fuel filler (such as, e.g., pure NGVs or BEVs), manufacturers Energy’s Alternative Fuels & Advanced have no specific incentive to ensure fuel Vehicles Data Center at http:// 35 http://www.merriam-webster.com/ (last compartment labeling for these vehicles under the www.afdc.energy.gov. accessed January 2, 2014). current requirements.

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III–2 represents the proposed label content requirements that must be included for each alternative fuel type:

TABLE III–2—PROPOSED FUEL FILLER COMPARTMENT ALTERNATIVE FUEL LABELING CONTENT

Maximum Charging Defined alternative fuel 37 Alternative fuel name for use in labeling blend level voltage (liquid) level(s)

Methanol 38 ...... Methanol ...... X ...... Denatured Ethanol 38 ...... Ethanol ...... X ...... Other Alcohols 38 ...... [Name of Alcohol Derived Fuel] ...... X ...... Natural Gas ...... CNG ...... Liquefied Petroleum Gas ...... LPG ...... Coal Derived Liquid Fuels ...... Coal Derived Liquid Fuels ...... X ...... Hydrogen ...... Hydrogen ...... Fuels (except alcohol) derived from biological mate- Biodiesel or [Name of other Biologically derived fuel] X ...... rials. Electricity (Battery Electric Vehicle) ...... Electricity ...... X Electricity (Plug-In Hybrid Electric Vehicle) ...... Electricity/[Other Fuel Type(s)] ...... X* X * For dual fuel capable non-electric power source.

The agency is providing the following In addition, the agency proposes that finalizing this proposal in the first discussion points regarding Table III D– the fuel filler compartment information quarter of 2015. Therefore, we expect 1 in an effort to provide clarity of the is presented with a clear difference that the effective date of this proposed proposed label content. between the lightest and the darkest rule would be September 1, 2016, which The ‘‘Alternative Fuel Name for Use parts of information. Ideally, this would would provide manufacturers additional in Labeling’’ is the text that must appear be black text on a white background, lead time. The agency believes the lead in the labeling. white text on a black background or a time proposed may be necessary; The ‘‘Maximum Blend Level (Liquid)’’ combination of colors very similar in however the agency intends to allow is intended to identify the appropriate contrast. optional early compliance if a maximum acceptable mixture levels of The agency is not currently manufacturer wishes all vehicles from liquid fuels that may contain a blend of proposing, but does seek comment on, an affected model year (MY) to be fuel types such as ethanol or biodiesel. whether we should also, or badged and/or labeled the same because The ‘‘Charging Voltage Level(s)’’ is alternatively, require vehicle we understand that manufacturers may intended to indicate both the manufacturers to color-code the fuel cap produce MY 2017 vehicles as early as recommended charging voltage and (or charging port, or other equivalent) January 1, 2016. This proposed timing additional voltage levels that can be for a specific alternative fuel type. If would allow for these vehicles to be used for recharging an electric vehicle: commenters believe that such an introduced to the market with the battery only or plug-in hybrid. additional or alternative requirement proposed badges in place. The agency developed this table of would be beneficial, we ask that they With regard to badging, the agency proposed label content based on provide specific rationale for the learned from one badging supplier that alternative fuel labeling currently being benefits of adding this requirement, and the lead time associated with the tooling applied pursuant to 32905(h) and quantify the benefits to the extent and production of an externally applied existing requirements for gaseous fuel feasible; we also ask that commenters badge is approximately 16 to 18 weeks vehicles. NHTSA believes that this provide specific recommendations as to from design to vehicle production meets the statutory intent of EISA. what color coding for each fuel they application.39 In addition, the agency Like the alternative fuel permanent believe would be helpful and why. believes that the flexible nature of the and prominent display, in order to We also seek comment on the above proposal for a permanent and prominent ensure readability, the agency is proposal for fuel compartment display for alternative fuel capability proposing a minimum letter height alternative fuel identification, and would require little design effort even measurement and to have the alternative whether commenters believe that there among vehicle manufacturers that do fuel name along with any supporting may be more effective or helpful ways not currently badge their vehicles. information presented in a manner that to implement this requirement while Moreover, since the agency is aware that provides clear contrast between the still meeting the language and intent of all vehicle manufacturers currently have letters and their background color. EISA. business relationships with badge Based on the survey of current suppliers to produce ‘‘permanent and production fuel filler compartment E. When does NHTSA propose that the prominent displays’’ of manufacturer adhesive labels and information found new requirements would be names, model lines and other unique on fuel caps, the agency proposes a implemented? model designations, some of which are minimum for the text height of 5 NHTSA proposes that all components related to alternative fuel capabilities, as millimeters and ‘‘bold face’’ when of this NPRM would apply to vehicles part of their regular production and applying language to an adhesive label manufactured on or after the first marketing strategies, the agency does or a fuel filler cap. September 1 that is at least six months not anticipate that manufacturers will after the publication date of a final rule need to develop or seek out new 37 32901(a)(1). implementing this proposal. This 38 Note: To be considered an alternative fuel, alcohol derived fuels need to be blended at levels proposed timing is intended to allow a 39 Based on discussion with Douglas Corporation, of at least 85 percent of the total mixture when minimum of six months lead time for January 22, 2010. A record of this discussion is blended with gasoline or other fuels. implementation. The agency anticipates available in the docket for this rulemaking.

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relationships, which might otherwise theoretically be required. For the currently used in vehicle production. create a need for additional lead time. manufacturers not currently labeling These suppliers have continued and With regard to owner’s manual their alternative fuel vehicles, a supply wide-ranging label and badge supply information, the Alliance of Automobile base for meeting the requirements of 49 experience inside and outside the Manufacturers suggested that a two full U.S.C. 32905(h) is already established, automotive industry. In some cases, the model year lead time could be necessary so those manufacturers should be able suppliers currently produce either for incorporation of this information.40 to leverage this existing supply base and badges or labels for multiple vehicle The agency believes this amount of lead thus mitigate lead time needs. manufacturers. time is more than should be necessary Further, manufacturers not already in The agency seeks comment on all cost in this situation. First, the agency is compliance with this component of this estimates developed for this proposal; proposing standardized language that all proposal are, for the most part, not specifically, the estimated piece costs vehicle manufacturers producing producing alternative fuel capable for alternative fuel badges and labels, vehicles capable of operating on the vehicles at the present time. The agency the estimated costs associated with alternative fuels covered by this recognizes, however, that some vehicle producing pages of owner’s manual proposal will be required to include. manufacturers will begin production of information, and any additional costs Standardized language should alleviate alternative fueled vehicles during the which may not be included in these the lead time that might be required for proposed optional and required estimates. Specific citations to sources ‘‘clean sheet’’ development by each compliance time frame. for comments on cost estimates would manufacturer of owner’s manual The agency seeks comment on be most helpful to NHTSA. information language if the agency whether the proposed lead time for each provided only guidelines for what the of the requirements is reasonable. If a A. How did NHTSA project alternative language should contain rather than commenter wishes the agency to fuel vehicle volumes? specifying it directly. provide additional lead time, the agency As part of the research conducted for Additionally, the agency believes that requests that the commenter provide development of this proposal, the a somewhat shorter time frame for specific explanations for which agency attempted to determine a incorporation than that suggested by the elements and why more lead time might projected volume of MY 2017 Alliance can be achieved. Today, in be needed. For example, if a commenter alternative fuel vehicles that could be most cases, owner’s manual information sought more lead time for the owner’s affected by this proposal. The agency is developed, reviewed and approved in manual requirements, the agency would utilized the overall industry sales an entirely digital environment, which be seeking details of the owner’s manual projections of light duty cars and trucks significantly reduces lead time. publication process and associated developed by the Energy Information Moreover, the agency is aware that some timing, along with current and future Agency (EIA) for its 2012 Annual manufacturers have moved, or are in the media that will be used for the owner’s Energy Outlook (AEO) Early Release process of moving, to completely digital manual information. reference case.43 When needed, the delivery of owner’s manual information, IV. What are the estimated costs and agency evaluated and applied where owner’s manual information is benefits of the proposal? manufacturer or specific vehicle model delivered via a digital video disc (DVD) market share to further refine MY 2017 or some other digital format.41 In some In determining estimated industry projections for specific alternative fuels; of these cases, official vehicle costs associated with this proposal, the an example being E85 capable or ‘‘flex- manufacturer owner’s manual agency first set out to determine a fuel’’ vehicles. A summary of the information is available via the projected MY 2017 volume for vehicles volume projections by alternative fuel internet.42 capable of operating on the alternative type can be found in Table IV–1. For fuel compartment labeling, the fuels covered by this proposal. Next, the Using the CAFE program database, the agency believes the proposed time frame agency investigated potential ‘‘ball- agency learned that the vast majority of to be reasonable for two reasons. First, park’’ piece cost and labor cost for labels FFVs are produced by General Motors, as discussed above, in developing this and exterior vehicle badges. And finally, Ford and Chrysler with very few other proposal the agency discovered that the agency looked at labor rates for manufacturers producing FFVs. The many manufacturers producing personnel that may be involved with the agency used this finding to develop an alternative fuel vehicles already label development of owner’s manual estimated volume for MY 2017 ethanol their fuel compartments in order to information. capable flex-fuel vehicles and based the obtain dual-fuel vehicle credits, To develop a projected alternative estimate primarily on announced pursuant to the requirements in 49 fuel vehicle volume for the U.S. market, volume projections from Ford, General U.S.C. 32905(h). In this NPRM, the we used specific data from NHTSA’s Motors and Chrysler where these agency is simply proposing to require Corporate Average Fuel Economy manufacturers indicated 50 percent of manufacturers to do what many (CAFE) program database, current and their fleet will have E85 flex-fuel manufacturers are already doing—thus, historical industry volumes from Wards capability by 2012.44 for the manufacturers already labeling Auto (online), sales outlooks from Pike To develop projected volume for these their vehicles, no lead time should Research for low speed vehicles (LSVs) manufacturers, the agency applied and the Energy Information market share values of 18 percent for 40 Alliance letter to NHTSA RE: NHTSA Administration’s 2012 Annual Energy General Motors, 15.5 percent for Ford Consumer Information Rulemaking, June 25, 2010. Outlook for light duty vehicles. Finally, and 11 percent for Chrysler, taken from Available at Docket No. NHTSA–2010–0134. the agency considered public 41 ‘‘Chrysler Phases Out Paper Owner’s Manual’’ http://wheels.blogs.nytimes.com/2009/09/23/ announcements from manufacturers 43 AEO2012 Early Release Overview—http:// chrysler-does-away-with-paper-owners-manual/ regarding anticipated future volumes of www.eia.gov/forecasts/aeo12/er/ (last accessed: (last accessed January 2, 2014). alternative fuel vehicles such as FFVs, January 2, 2014). 42 ‘‘Owners Manuals for Ford Vehicles,’’ https:// PHEVs, BEVs and FCVs. 44 ‘‘Detroit Three’s Flex-Fuel Builds Increasing’’ owner.ford.com/servlet/ContentServer?pagename= Wards Auto, October 27, 2011 http:// Owner/Page/OwnerGuidePageVehicleLookup&Back For label and badge piece cost and wardsauto.com/news-amp-analysis/detroit-three-s- ToLogin=Owner/Page/OwnerGuidePage&ord= labor costs, the agency spoke with flex-fuel-builds-increasing (last accessed: January 2, 14632762 (last accessed December 9, 2013). suppliers of both badges and labels 2014).

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Wards Auto for MY 2011–13, to the total agency applied the MY 2013 market The agency did employ a different MY 2016–17 industry sales projected by share of these vehicles to the projected methodology for developing volume the 2012 Annual Energy Outlook (AEO) MY 2017 total industry volume projections of alternative fuel vehicles Early Release reference case 45 yielding projections.46 The agency notes that it is covered by this proposal that use fuels a projected MY 2017 market volume for not aware of any announcement by other than ethanol. The agency utilized these manufacturers. The agency then either of those companies to produce published sales data for battery electric applied the 50 percent FFV fleet value this quantity of FFVs. Nevertheless, the vehicles (BEV) and plug-in electric to each manufacturer’s projected agency believes that adding the vehicles (PHEV), as these vehicles have market-share based volume to determine equivalent of 50 percent of Toyota’s and entered commerce and accumulated at a projected MY 2017 FFV volume. To Nissan’s volume is a reasonable least one year of sales data.48 In prevent double-counting, the agency approach for estimating the additional addition, the agency incorporated the excluded the volume of other alternative number of vehicles that might be sales volume of electric low speed fuel vehicles covered by this proposal affected by this proposal, because other vehicles (LSVs) into the volume and produced by these manufacturers. manufacturers may choose to produce The agency also included MY 2017 projections for BEV as these are covered FFVs. 49 projections for several current vehicle by this proposed rule. Overall, using the market share based models that are E85 capable, that are The agency also evaluated and methodology brings simplicity and produced by other vehicle utilized manufacturers’ revised or allows any industry-wide volume manufacturers, and that have publicly announced projected vehicle increase or decrease to be easily production volumes greater than 2000 volumes for alternative fuel vehicles reflected. Using this projection units. For the most part, these vehicles powered by electricity, compressed were large pickup truck and SUV FFV methodology, the agency predicts almost 98 percent of the overall natural gas, liquefied petroleum gas and models from Nissan and Toyota. hydrogen. As a result, the agency Recognizing that the MYs 2012–2025 projected MY 2017 alternative fuel vehicle fleet will be E85 capable with an utilized a ‘‘projected volume’’ approach Corporate Average Fuel Economy instead of the market share approach (CAFE) and Greenhouse Gas (GHG) estimated 3,818,555 vehicles produced that year. that is used for ethanol vehicle volumes. Emission standards become This projected volume approach is progressively more stringent each model In addition to ethanol capable believed to be more practicable as the year and that both programs provide vehicles, cost estimates for this proposal market share of current models are also need to account for the number of incentives for FFVs, it is probable that likely to change as other competitive vehicles capable of operating on other manufacturers will increase the number models enter the market, and because of FFV vehicles that they produce in alternative fuels covered by this future models currently have no market MY 2017 compared to MY 2012. To proposal. For the U.S. market, this share. However the agency did project avoid underestimating cost in this primarily includes compressed natural slight increases for vehicles already proposal, the agency increased the gas, liquefied petroleum gas, hydrogen projected number of vehicles that might and electricity fueled vehicles. Through entered into commerce, such as BEVs be affected by the proposed rule by the its research, the agency is not aware of and PHEVs, based on expanding equivalent of 50% of the projected MY any manufacturers planning to produce regional availability in the United States 2017 production volume of Toyota and a significant number of vehicles capable and increased production volumes. Nissan large pickups and SUVs. To of operating on alternative fuels such as Therefore, the cost estimates in this estimate the projected MY 2017 methanol, coal-derived liquid fuels or proposal are based on the alternative production volume of Toyota and fuels (except alcohol) derived from fuel vehicle volumes represented by fuel Nissan large pickups and SUVs, the biological materials.47 type in the following table.

TABLE IV–1—MY 2017 ALTERNATIVE FUEL VEHICLE VOLUME PROJECTION

Percent Fuel type Volume Percent alt industry fuel volume volume

Ethanol ...... 3,818,555 97.77 22.428 Natural Gas ...... 4,300 0.11 0.025 Electric (BEV) * ...... 32,209 0.82 0.189 Electric (PHEV/EREV) ...... 47,639 1.22 0.280 Hydrogen ...... 274 0.01 0.002 LPG ...... 2,750 0.07 0.016 Biodiesel ** ...... 0.00 0.000

Total ...... 3,905,727 100.00 22.940 * Includes LSVs. ** DOT only considers B100 to be an Alternative fuel.

45 DOE Annual Energy Outlook Early 2012 47 The agency notes that it recognizes only ‘neat’ 49 For LSVs, the agency utilized sales and project Release—http://www.eia.gov/oiaf/aeo/tablebrowser/ biodiesel (B100) as an alternative fuel. 63 FR 15322 data available from a report developed by Pike #release=EARLY2012&subject=15- (Mar. 31, 1998). Research titled, ‘‘Neighborhood Electric Vehicles: EARLY2012&table=48-EARLY2012®ion=1-0& 48 For reference, the agency used sales Low-Speed Electric Vehicle for Consumers and cases=early2012-d121011b (last accessed: January Fleet Markets: Demand Drivers and Barriers, information from Wards Auto for these vehicle 2, 2014). Technology, Key Industry Players and Market 46 Ibid. types. Forecasts,’’ Published 2Q 2011.

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As discussed, these volumes are agency rulemakings and the sources are these volume projections, including estimates based on varied sources of recognized and used by industry in alternative fuel type applications, for information; some historical and some developing future projections. MY 2017 and any subsequent model forward-looking. The agency The agency also recognizes the many years to gain potentially better acknowledges that actual production factors that will affect these volume information to the overall costs and volumes in the future are likely to be projections some of which include production-intent alternative fuel type different than the projections developed prices of petroleum and non-petroleum applicability associated with this for this proposal, however, the agency derived fuels, infrastructure for proposal. believes the projections have been alternative fueling accessibility, overall developed using the best available consumer acceptance of alternative fuel B. What total costs does NHTSA information at the time of development vehicle characteristics and finally, the estimate for the proposal? of this proposal; for example AEO need for vehicle manufacturers to meet vehicles sales projections and Wards more stringent CAFE and greenhouse The agency has estimated the total Auto data. The agency notes that the gas emissions standards. costs of the proposal in Table IV–2 and forecast information is from the same In light of these many significant Table IV–3 below. sources that have been used in other variables, the agency seeks comment on

TABLE IV–2—ESTIMATED INDUSTRY COSTS FOR PROPOSAL IN FIRST MODEL YEAR (2012$)

Low High

Permanent and Prominent Display Badge ...... $6,713,112 $13,292,937 Tooling (all fuel types) ...... 41,064 284,287 Fuel Compartment Label ...... 827,436 Owner’s Information ...... 348,352

Total ...... 7,929,963 14,753,011 * Values derived from Projected MY2017 Industry Volume of Alternative Fuel Vehicles (Including LSVs).

TABLE IV–3—ESTIMATED ANNUAL INDUSTRY COSTS FOR PROPOSAL AFTER THE FIRST MODEL YEAR (2012$)

Low High

Permanent and Prominent Display Badge ...... $6,713,112 $13,292,937 Fuel Compartment Label ...... 827,436 Owner’s Information ...... 328,081

Total ...... 7,868,629 14,448,453 * Values derived from Projected MY2017 Industry Volume of Alternative Fuel Vehicles (Including LSVs).

The estimated costs per requirement The first consisted of plastic molded encased foil. The urethane-coated are described in detail in the following into a specified design. This molded design does provide some cost and discussion. part would be chrome plated and tooling advantages over the chrome- finished with additional decorative or 1. What costs does NHTSA estimate for plated, ABS plastic molded part, albeit colored aspects per the specified design. the proposal for ‘‘Permanent and at the possible expense of attractiveness Some key aspects of this design are its Prominent Display’’ of Alternative-Fuel or readability as a badge employing durability and commonality with model capability? these materials typically results in the or brand badges found on vehicles in text being ‘‘protected’’ by a relatively The agency spoke with a supplier of production today. A key consideration thick layer of material. In either of the badges to the automotive industry to for this badge technology is the need to two material approaches, the badge is gain a better understanding of badge ensure that the rear surface of the badge, intended to remain affixed and readable development and implementation the surface that would adhere to a over the useful life of the vehicle. options, along with potential piece costs vehicle via an adhesive, has a contour for those options.50 During the that would be adaptable to most any Consistent with the proposal for discussion, the supplier suggested vehicle due to the rigidity of the plastic application of a badge containing multiple options that could align with molded part. natural language, the agency has the lead and alternative proposals for Another badge technology option is a developed estimated costs associated meeting the statutory obligations of a foil-type material containing the natural with the projected alternative fuel ‘‘permanent and prominent display’’ of language or design, which is covered in vehicle volume for MY 2017 as the basis a vehicle’s capability to operate on an a protective urethane coating. The for annual costs. These costs are alternative fuel. urethane coating provides thickness to considered annual costs with the the badge and could provide some potential to increase linearly with an 50 NHTSA’s records of these meetings are limited contouring on the surface to add increase of alternative fuel vehicles in available in the docket for this rulemaking. emphasis to components of the design the marketplace. or language contained on the urethane

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The following table contains TABLE IV–4—POTENTIAL BADGE industry badge supplier.52 The costs are estimated aggregated labor cost for LABOR COST MY2017 (2012$) shown as low and high range values for affixing badges to vehicles in a each badge material type (urethane and production environment. The labor Fuel type Labor cost Labor hours ABS plastic/chrome). The estimated value was estimated at $0.35 per badge tooling costs are expected to be a one- Ethanol ...... $1,336,494 63,642.58 based on a labor rate of approximately Natural Gas ...... 1,505 71.67 time cost for developing the tooling 51 $21 per hour and allowing for one Electric (BEV) ... 11,273 536.81 required to produce either badge type minute of time to apply the badge to the Electric (PHEV/ versus a continuous year-over-year vehicle in the production environment, EREV) ...... 16,674 793.98 aggregated piece cost because, once parameters which the agency Hydrogen ...... 96 4.57 developed, the designs are not intended considered reasonable for the labor LPG ...... 963 45.83 to change over time.53 In addition, these involved. Total ...... 1,367,004 65,095.44 tooling costs would also apply to any future alternative fuel badges that would The following table shows estimated enter the U.S. market as tooling tooling costs for badges based on development is required for each badge information provided by an automotive design.

TABLE IV–5—MY 2017 ESTIMATED BADGE TOOLING COST (2012$)

Foil/urethane ABS plastic/chrome Low High Low High

Per Fuel Type ...... $6,844 $8,950 $31,587 $47,381

The following table shows estimated provided by an automotive industry volumes to arrive at an annual aggregate annual aggregate industry material cost badge supplier.54 The low and high cost ‘‘permanent and prominent display’’ for manufacturing badges in a range values for manufacturing the two cost. The potential estimated labor production environment (without labor types of badge materials (foil/urethane values discussed in Table IV–4 would cost). The ranges of costs were and ABS plastic/chrome) are multiplied need to be combined with these values developed based on information by the estimated alternative fuel vehicle to arrive at total estimated annual cost.

TABLE IV–6—MY 2017 ESTIMATED ‘‘PERMANENT AND PROMINENT DISPLAY’’ AGGREGATED INDUSTRY MATERIAL COSTS (2012$)

Foil/urethane ABS plastic/chrome

Ethanol ...... $5,226,788 $9,247,395 $7,639,152 $11,659,758 Natural Gas ...... 5,886 10,413 8,602 13,130 Electric (BEV) ...... 44,087 77,999 64,434 98,347 Electric (PHEV/EREV) ...... 65,208 115,367 95,303 145,463 Hydrogen ...... 375 664 548 837 LPG ...... 3,764 6,660 5,501 8,397 Biodiesel ......

Totals ...... 5,346,108 9,458,498 7,813,542 11,925,932

2. What costs does NHTSA estimate for implementation of the owner’s manual the ‘‘Owner’s Manual Information’’ on information describing the capabilities alternative fuel capability and benefits? and benefits of alternative fuel usage. The agency generated the following cost estimates for the development and

51 United States Bureau of Labor Statistics, May December 22, 2010. A record of this meeting is factors involving production techniques, machine 2012, Production Occupations, 51–2099 Assemblers available in the docket for this rulemaking. tool maintenance and other variables across, and Fabricators, All Other, hourly mean wage: 53 However, the agency acknowledges production potentially, multiple suppliers that the agency is $21.14 per hour. http://www.bls.gov/oes/current/ tooling does have a limited useful life and can not able to estimate for this proposal. oes512099.htm (last accessed January 27, 2014). require maintenance during this useful life. For 54 Conversation between NHTSA staff and a purposes of this proposal, the agency is recognizing representative of the Douglas Corporation, 52 Conversation between NHTSA staff and a the initial cost to develop tooling to produce badge December 22, 2010. A record of this meeting is representative of the Douglas Corporation, designs. Any subsequent costs are dependent on available in the docket for this rulemaking.

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TABLE IV–7—ESTIMATED ALTERNATIVE FUEL OWNER’S MANUAL INFORMATION ANNUAL PRINTING COST (2012$)

Startup Costs Rate Hours Cost

Entry Level Technical Writer ...... $22.60 16.00 $362 Supervisory Technical Writer ...... 33.59 8.00 269 Associate General Counsel ...... 99.17 5.00 496 Labor Cost ...... 1,126 Number of Manufacturers (est. 18) ...... 20,271

Annual Costs Rate Pages Cost

Printing—per page ...... $0.042 2.00 $0.084 Printing per pagex vehicle volume Table IV–1 ...... 328,081

Total Cost ...... 348,352

3. What costs does NHTSA estimate for labels currently in production to learn tank cap is nearly standard industry fuel compartment alternative fuel more about lead time and piece cost practice. In addition, there would be no identification? pricing.55 Using the estimated MY 2017 additional assembly labor cost for alternative fuel vehicle volume attaching the fuel filler cap. The agency is proposing the discussed above as a basis, the agency For estimates involving an adhesive application of an adhesive label to the developed the following industry label, the agency assumed a per-label inside of the fuel compartment door or annual cost estimate including and cost of $0.037 and used the labor value ‘‘screen-printing’’ language to the fuel excluding labor. of $0.175 per label. The labor value is filler cap for vehicles capable of For purposes of this cost estimate, the one-half the labor value used for the operating on an alternative fuel. The agency estimated the cost associated cost estimate for a ‘‘permanent and fundamentals of this proposal are with producing a separate, adhesive- prominent display.’’ The agency views consistent with labeling currently in type label. The agency believes this the fuel tank compartment label production from some manufacturers provides an upper bound estimate as an application as a less precise labor producing alternative fuel capable alternative to implement a ‘‘screen- operation, yielding a reduced estimated vehicles. printed’’ label on the fuel filler cap labor cost. Based on discussion with To develop cost estimates for this which could potentially be industry, NHTSA believes that this is an proposal, the agency spoke to suppliers implemented at no piece cost increase appropriate value for application of the of the fuel compartment alternative fuel because printing information on the fuel label as proposed.56

TABLE IV–8—MY 2017 FUEL COMPARTMENT ADHESIVE LABEL AGGREGATED INCREMENTAL ANNUAL COST (2012$)

Fuel type Vehicles $ w/o labor $ w/labor

Ethanol ...... 3,818,555 $140,721 $808,968 Natural Gas ...... 4,300 158 911 Electric (BEV) ...... 32,209 1,187 6,823 Electric (PHEV/EREV) ...... 47,639 1,756 10,092 Hydrogen ...... 274 10 58 LPG ...... 2,750 101 583

Totals ...... 3,905,727 143,934 827,436

The agency notes these estimates are labels that increases piece cost. C. What benefits does NHTSA estimate based on a piece cost for a label However, the agency does not foresee for this proposed rule? production run of approximately 25,000 these smaller batch runs having a As information on the effects of these labels that include setup and the batch significant effect on the overall cost badges on consumer purchases is not printing run. As defined by the estimates associated with the proposed available, a quantitative assessment of estimated MY 2017 alternative fuel label. Conversely, in some cases, a the effects of the impacts of badges vehicle production volume estimates single production run of 25,000 labels would be highly speculative. Therefore, developed for this proposal, some would enable a sufficient supply to NHTSA was not able to quantitatively alternative fuel types will not achieve cover four or five model years without assess the benefits of this rule. NHTSA this volume for the single 2013 model the need for additional sourcing. notes that the statutory mandate of EISA year. The agency acknowledges that this does not require NHTSA to justify the condition may exist for some time benefits of the rule as outweighing its regarding specific fuel types, which costs. However, the agency believes that could require a smaller batch-run of it is important to recognize the

55 Conversation with Whitlam Label Company, compartment that identifies the alternative fuel 2019, current estimates of voluntary compliance Inc., November 11, 2010. A record of this meeting type, as an unknown percentage of that voluntary may be misleading beyond the first years of this is available in the docket for this rulemaking. compliance may be due to the labeling requirement program. 56 These cost estimates do not exclude the volume of 32905(f) to receive credits under 32906(a). As of vehicles with voluntary labeling at the fuel filler those credits decrease after 2017 and expire after

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anticipated qualitative benefits of this additional benefits and/or ways to B. What is the penalty for non- action. quantify benefits. compliance with regulations The primary benefits associated with promulgated under 32908(g)? V. Enforcement and Compliance this proposed rule come from any 49 U.S.C. 32912(a) states that a person improvements in consumer decision- In adding the 32908(g) requirements, who violates 32911(a) is liable to the making that stems from helping which apply to automobiles, Congress United States Government for a civil consumers identify which vehicles run did not amend the existing compliance penalty of not more than $10,000 (now on alternative fuels. and civil penalty provisions for $16,000 as adjusted for inflation) 61 for The current widespread presence of automobiles in 49 U.S.C. Chapter 329; each violation, and that a separate badges on vehicles, such as make, therefore, NHTSA tentatively concludes violation occurs for each day the model and dealership information, that those provisions apply for violation continues. Thus, if, following supports that external badges influence regulations promulgated under the procedures laid out in 49 CFR Part consumers. The proposed external 32908(g). 511, NHTSA finds that a person has badges identifying vehicles that are committed a violation of any of the capable of operating on an alternative A. What compliance provisions govern regulations proposed today, that person fuel will heighten awareness of regulations promulgated under would be subject to civil penalties alternative fuel vehicles, thereby making 32908(g)? under 32912(a). 32912(d) states further potential consumers more aware of the that penalties shall be imposed under diverse vehicles choices available on the 49 U.S.C. 32911(a) states, in relevant this section by written notice. 49 U.S.C. market. NHTSA believes that this rule part, that a person commits a violation 32913 (compromising and remitting will help alternative fuel vehicle of Chapter 329 if the person fails to civil penalties), 32914 (collecting civil deployment by identifying early comply with regulations and standards penalties), and 32915 (appealing civil adopters of these technologies. New prescribed under Chapter 329, except penalties) would also apply to civil technologies, regardless of their relative sections 32902 (fuel economy penalty actions for violations of the benefits to previous technologies, are standards), 32903 (fuel economy regulations proposed today. 57 likely to face a slow diffusion process. credits), 32908(b) (EPA’s fuel economy NHTSA seeks comment on whether As part of the ‘‘diffusion of labeling requirements), 32917(b) (fleet- the agency should consider any 58 innovations’’ process, the average fuel economy standards for additional information with respect to dissemination of information on early executive agency automobiles), and enforcement and compliance. adopters of a particular innovation is a 32918 (retrofit devices) and regulations key component of that innovation’s and standards prescribed under those VI. Public Participation market success.59 sections. 32908(g) does not fall within NHTSA requests comment on all Vehicles currently in production with those exceptions. Therefore, a violation aspects of this proposed rule. This alternative fuel capabilities may not be of 32908(g) is a violation of Chapter 329, section describes how you can readily distinguishable from their thereby subjecting the person to participate in this process. conventional fuel counterparts absent penalties under 32912 as discussed an identifying badge. Greater exposure A. How do I prepare and submit below. A failure to comply with the comments? to the available vehicle choices before proposed regulations might include, but making purchasing decisions will would not be limited to, failing to affix 1. Further Instructions for Submitting complement enhanced consumer a required badge or label, failing to Comments to the NHTSA Docket Are information on energy costs and savings include required text in an owner’s Described Below on the dealer lot (such as information manual or including incorrect text, or Your comments must be written and provided through the recently adopted affixing a badge that does not meet the fuel economy labels).60 NHTSA also in English. To ensure that your useful life requirements specified by the comments are correctly filed in the believes that informed choice, while not agency. quantifiable, is an end in itself. docket, please include the Docket Another anticipated benefit is a We note that 32911(a) also states that Number NHTSA–2010–0134 in your the Secretary of Transportation (by comments. Your comments must not be decrease in fueling mistakes that could 62 occur with an increased volume and delegation, the Administrator of more than 15 pages long. NHTSA diversity of alternative fueled vehicles NHTSA) shall conduct a proceeding, established this limit to encourage you on the road along with a potential with an opportunity for a hearing on the to write your primary comments in a expansion of fueling options at record, to decide whether a person has concise fashion. However, you may conventional fueling stations. The committed a violation, and that any attach necessary additional documents, agency is not aware of a quantification interested person may participate in that which are not subject to the page limit, of safety or economic costs associated proceeding. NHTSA has established to your comments. with these mistakes, and seeks comment rules of practice and procedures for If you are submitting comments on this issue. adjudicative proceedings conducted electronically as a PDF (Adobe) file, we The agency believes that the benefits pursuant to the Motor Vehicle ask that the documents submitted be scanned using the Optical Character of this proposal will be higher than the Information and Cost Savings Act (now Recognition (OCR) process, thus costs. NHTSA requests comment on the codified in relevant part at 49 U.S.C. allowing the agency to search and copy benefits described here, and on any Chapter 329) which require a proceeding on the record after 61 We note that the amount of $10,000 prescribed 57 See Timothy F, Malloy and Peter Sinsheimer, opportunity for a public hearing. These by 32912(a) has been updated by regulation for Innovation, Regulation, and the Selection rules of adjudicative procedure are set inflation. Per 49 CFR 578.6(h)(1), a person that Environment, 57 Rutgers L. Rev 183, 189 (2004). forth at 49 CFR Part 511. These violates 32911(a) is liable to the United States 58 See Everett M. Rogers, Diffusion of Innovations Government for a civil penalty of not more than (5th ed. 2003). procedures would apply to proceedings $16,000 for each violation, and a separate violation 59 See Malloy & Sinsheimer, supra, at 188. conducted to determine violations of the occurs for each day the violation continues. 60 76 FR 39478. regulations proposed today. 62 49 CFR 553.21.

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certain portions of your submissions.63 specified in our CBI regulation.64 In the Small Business Regulatory Please note that pursuant to the Data addition, you should submit a copy Enforcement Fairness Act (SBREFA) of Quality Act, in order for the substantive from which you have deleted the 1996), whenever an agency is required data to be relied upon and used by the claimed CBI to the Docket by one of the to publish a notice of rulemaking for agencies, it must meet the information methods set forth above. any proposed or final rule, it must quality standards set forth in the OMB C. Will the Agency consider late prepare and make available for public and DOT Data Quality Act guidelines. comments? comment a regulatory flexibility Accordingly, we encourage you to analysis that describes the effect of the consult the guidelines in preparing your NHTSA will consider all comments rule on small entities (i.e., small comments. OMB’s guidelines may be received before the close of business on businesses, small organizations, and accessed at http://www.whitehouse.gov/ the comment closing date indicated small governmental jurisdictions). The omb/fedreg_reproducible (last accessed above under DATES. To the extent Small Business Administration’s January 2, 2014), and DOT’s guidelines practicable, we will also consider regulations at 13 CFR part 121 define a may be accessed at http://regs.dot.gov comments received after that date. If small business, in part, as a business (last accessed January 2, 2014). interested persons believe that any new entity ‘‘which operates primarily within information the agency places in the the United States.’’ 65 No regulatory 2. Tips for Preparing Your Comments docket affects their comments, they may flexibility analysis is required if the submit comments after the closing date When submitting comments, please head of an agency certifies the rule will concerning how the agency should remember to: not have a significant economic impact • Identify the rulemaking by docket consider that information for the final on a substantial number of small numbers and other identifying rule. entities. It is hereby certified that this information (subject heading, Federal However, the agency’s ability to Register date and page number). consider any such late comments in this proposed rule would not have a • Follow directions—the agencies rulemaking will be limited due to the significant economic impact on a may ask you to respond to specific time frame for issuing a final rule. If a substantial number of small entities. questions or organize comments by comment is received too late for us to The following is NHTSA’s statement referencing a Code of Federal practicably consider it in developing a providing the factual basis for the Regulations (CFR) part or section final rule, we will consider that certification (5 U.S.C. 605(b)). number. comment as an informal suggestion for If adopted, the proposal would • Explain why you agree or disagree, future rulemaking action. directly affect motor vehicle suggest alternatives, and substitute D. How can I read the comments manufacturers and final-stage language for your requested changes. submitted by other people? manufacturers that manufacture or are • Describe any assumptions and planning to manufacture alternative fuel provide any technical information and/ You may read the materials placed in vehicles. There are an estimated nine or data that you used. the docket for this document (e.g., the large single stage motor vehicle • If you estimate potential costs or comments submitted in response to this manufacturers and about three small burdens, explain how you arrived at document by other interested persons) U.S. manufacturers of light plug-in your estimate in sufficient detail to at any time by going to http:// hybrid and electric vehicles that would www.regulations.gov. Follow the online allow for it to be reproduced. be subject to the requirements of this • instructions for accessing the dockets. Provide specific examples to proposal.66 Similarly, there are at least You may also read the materials at the illustrate your concerns and suggest six manufacturers of low-speed vehicles alternatives. NHTSA Docket Management Facility by that are small businesses.67 • Explain your views as clearly as going to the street address given above possible, avoiding the use of profanity under ADDRESSES. A single stage automobile or light or personal threats. truck manufacturer (NAICS code Make sure to submit your comments VII. Regulatory Notices and Analyses 336111, Automobile Manufacturing; by the comment period deadline A. Executive Orders 12866 and 13563 336112, Light Truck and Utility Vehicle identified in the DATES section above. and DOT Regulatory Policies and manufacturing) must have 1,000 or Procedures fewer employees to qualify as a small B. How do I submit confidential business.68 We believe that all of the business information? NHTSA has considered the impact of this rulemaking action under Executive U.S. small vehicle manufacturers have Following are specific instructions for Orders 12866 and 13563 and the fewer than 1,000 employees. We submitting confidential business Department of Transportation’s estimate these proposed requirements information (CBI) to the agency. regulatory policies and procedures. This would cost each small vehicle If you wish to submit any information manufacturer approximately $1.89 to under a claim of confidentiality, you action is not significant and therefore was not subject to review by OMB under $3.49 per vehicle, or far less than 1% of should submit three copies of your the cost of one of these vehicles, and complete submission, including the Executive Order 12866. The benefits and costs of this proposal are described would therefore not appear to constitute information you claim to be confidential a significant economic impact. NHTSA business information, to the Chief above in Section IV. Because the proposed rule would, if adopted, not be seeks comment on this proposed Counsel, NHTSA, at the address given certification. above under FOR FURTHER INFORMATION economically significant, the agency has CONTACT. When you send a comment not prepared a Preliminary Regulatory Evaluation. 65 13 CFR 121.105(a). containing CBI, you should include a 66 Phoenix, Tesla, and Via Electric Vehicles. cover letter setting forth the information B. Regulatory Flexibility Act 67 Club Car LLC, Columbia ParCar Corporation, Pursuant to the Regulatory Flexibility Cruise Car Inc., STAR Electric Car Sales, Tomberlin, 63 Optical character recognition (OCR) is the and Wheego Electric Car, Inc. process of converting an image of text, such as a Act (5 U.S.C. 601 et seq., as amended by 68 237 According to the Small Business scanned paper document or electronic fax file, into Administration’s small business size standards (see computer-editable text. 64 49 CFR Part 512. 13 CFR 121.201).

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C. Executive Order 13132 (Federalism) NHTSA does not believe that this agencies to prepare a written assessment Executive Order 13132 requires proposed rule would have ‘‘substantial of the costs, benefits, and other effects NHTSA to develop an accountable direct effects on the States, the of proposed or final rules that include process to ensure ‘‘meaningful and relationship between the national a Federal mandate likely to result in the timely input by State and local officials government and the States or on the expenditures by States, local or tribal in the development of regulatory distribution of power and governments, in the aggregate, or by the policies that have federalism responsibilities among the various private sector, of more than $100 implications.’’ ‘‘Policies that have levels of government’’ as described in million annually (adjusted annually for federalism implications’’ is defined in Executive Order 13132. inflation with base year of 1995). the Executive Order to include EISA does not expressly preempt state Adjusting this amount by the implicit regulations that have ‘‘substantial direct laws regarding consumer information or gross domestic product price deflator for effects on the States, on the relationship education on alternative fuel vehicles. 2012 results in $136 million (115.381/ between the national government and Under Executive Order 13132, where a 81.606 = 1.41). The assessment may be the States, or on the distribution of federal statute does not expressly included in conjunction with other power and responsibilities among the preempt state law and there is no clear assessments, as it is here. This proposal various levels of government.’’ Under evidence that Congress intended for will not result in consumer costs of Executive Order 13132, the agency may preemption to exist, the agency may more than $141 million. not issue a regulation with federalism find that its regulations preempt state G. National Technology Transfer implications, that imposes substantial law ‘‘only when the exercise of State Advancement Act direct costs, and that is not required by authority directly conflicts with the Section 12(d) of the National statute, unless the federal government exercise of Federal authority under the Technology Transfer and Advancement provides the funds necessary to pay the Federal statute.’’ When an agency Act (NTTAA) requires NHTSA to direct compliance costs incurred by foresees the possibility of a conflict evaluate and use existing voluntary state and local governments, or the between state law and federally consensus standards in its regulatory agency consults with state and local protected interests, the agency shall activities unless doing so would be officials early in the process of attempt to avoid such a conflict through inconsistent with applicable law (e.g., developing the proposed regulation, consultation with the appropriate state the statutory provisions regarding provides a federalism summary impact and local officials. NHTSA is unaware NHTSA’s vehicle safety authority) or statement to the Office of Management of any state laws regarding consumer information or education on alternative otherwise impractical. and Budget (OMB) in the preamble, and Voluntary consensus standards are fuel vehicles that would directly makes any written communications to technical standards developed or conflict with the exercise of Federal the agency from state and local officials adopted by voluntary consensus available to the director of OMB. authority in this proposed regulation. NHTSA tentatively concludes that standards bodies. Technical standards NHTSA also may not issue a regulation are defined by the NTTAA as with federalism implications and that this proposed action would not likely have federalism implications. However, ‘‘performance-based or design-specific preempts state law unless the agency technical specification and related consults with state and local officials we are aware that some states may have an interest in this proposal, and we management systems practices.’’ They early in the process of developing the pertain to ‘‘products and processes, welcome information that may help the proposed regulation, provides a such as size, strength, or technical agency more fully understand how our federalism summary impact statement performance of a product, process or efforts may coordinate or conflict with to OMB in the preamble, and makes any material.’’ written communications to the agency state programs and policies. We Examples of organizations generally from state and local officials available to therefore solicit comment on this regarded as voluntary consensus the director of OMB. proposal from state and local officials 69 standards bodies include the American NHTSA has identified several states and other interested persons. Society for Testing and Materials that promote the use of alternative fuel D. National Environmental Policy Act (ASTM), the Society of Automotive vehicles. Some have implemented (NEPA) Engineers (SAE), and the American programs, such as California’s Clean Air National Standards Institute (ANSI). If Vehicle program, that provide High For the purposes of the National Environmental Policy Act, NHTSA has NHTSA does not use available and Occupancy Vehicle (HOV) lane access potentially applicable voluntary incentives for labeled or specially plated determined that implementation of this rulemaking action would not have any consensus standards, we are required by alternative fuel vehicles. These the Act to provide Congress, through programs often require the owner to significant impact on the quality of the human environment. OMB, an explanation of the reasons for apply a badge, sticker, or special license not using such standards. plate that identifies the vehicle as an E. Executive Order 12988 (Civil Justice For this proposal, the only applicable alternative fuel, low emission, or Reform) voluntary consensus standards that ‘‘clean-’’ Vehicle. This rule is not NHTSA discovered are the joint SAE/ intended to preempt or in any way Pursuant to Executive Order 12988, ‘‘Civil Justice Reform,’’ 70 NHTSA has ISO standards mentioned above in the affect such programs, as the state context of research and as a potential programs do not regulate the considered whether this rulemaking would have any retroactive effect. This alternative proposal. Following the path manufacturers of alternative fuel of using these standards in the context vehicles or provide consumer proposed rule does not have any retroactive effect. of this proposal poses challenges. The information on specific types and agency believes all fuel types may not benefits of alternative fuel vehicles. F. Unfunded Mandates Reform Act be appropriately represented by these The Unfunded Mandates Reform Act symbols and currently some symbols do 69 The states include Arizona, California, Colorado, Florida, Georgia, Hawaii, Maryland, New of 1995 (Pub. L. 104–4) requires not exist for specific fuel types. Adding Jersey, New York, North Carolina, Tennessee, Utah new fuel types may involve revisiting and Virginia. 70 61 FR 4729 (Feb. 7, 1996). and republishing standards; a time

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consuming process. In addition, the document to find this action in the proposed rule would require symbols were fundamentally developed Unified Agenda. manufacturers to disclose information for use on controls, the vehicle supplied by NHTSA to consumers, and J. Department of Energy and instrument cluster and road signs versus these requirements would not be Environmental Protection Agency the application as an exterior badge. The considered a ‘‘collection of information’’ Review agency believes the symbols, possibly, under the Paperwork Reduction Act.72 would have taken a different form if In accordance with 49 U.S.C. However, for certain types of alternative designed from the outset as an exterior 32908(g)(1), we submitted this proposed fuel vehicles, manufacturers would be badge, where aesthetics and rule to the DOE and the EPA for required to affix a badge to the vehicle, complementing an overall theme may consultation and review. but NHTSA has not supplied the exact take a higher priority, versus being K. Plain Language language to be used on the badge. These developed to specified guidelines for include vehicles operating on alcohol application to controls, warning lamps Executive Orders 12866 and 13563 other than ethanol or methanol and and road signs. Finally, as discussed require each agency to write all rules in vehicles operating on fuel derived from elsewhere in this proposal, NHTSA plain language. Application of the biological materials other than remains concerned that following this principles of plain language includes biodiesel. Additionally, for certain types approach would discourage consideration of the following of alternative fuel vehicles, manufacturer investment in promoting questions: manufacturers would be required to • alternative fuel vehicles, and that the Have we organized the material to disclose additional information on the redundancy issue (of both suit the public’s needs? • proposed fuel filler compartment label manufacturers and NHTSA investing Are the requirements in the rule to assist consumers. For vehicles using time and effort in developing alternative clearly stated? • liquid fuels, manufacturers would be fuel-specific symbols for each vehicle) Does the rule contain technical required to include the appropriate make it not the best option. language or jargon that is not clear? maximum acceptable mixture levels of • Would a different format (grouping H. Executive Order 13211 (Actions That fuels that may contain a blend of fuel and order of sections, use of headings, types, such as ethanol or biodiesel. For Significantly Affect Energy Supply, paragraphing) make the rule easier to Distribution or Use) battery-only electric vehicles and plug- understand? in hybrids, manufacturers would be 71 • Executive Order 13211 applies to Would more (but shorter) sections required to include the recommended any rule that: (1) Is determined to be be better? charging voltage and additional voltage economically significant as defined • Could we improve clarity by adding levels that can used for recharging the under E.O. 12866, and is likely to have tables, lists, or diagrams? vehicles. NHTSA will seek approval of a significant adverse effect on the • What else could we do to make the any information collection requirements supply, distribution, or use of energy; or rule easier to understand? proposed in this NPRM from OMB. (2) that is designated by the If you have any responses to these Administrator of the Office of questions, please include them in your List of Subjects in 49 CFR Part 575 Information and Regulatory Affairs as a comments on this proposal. Consumer protection, Motor vehicle significant energy action. If the L. Privacy Act safety, Reporting and recordkeeping regulatory action meets either criterion, requirements, and tires. we must evaluate the adverse energy Anyone is able to search the effects of the proposed rule and explain electronic form of all comments For the reasons set forth in the why the proposed regulation is received into any of our dockets by the preamble, NHTSA proposed to amend preferable to other potentially effective name of the individual submitting the 49 CFR part 575 as follows: and reasonably feasible alternatives comment (or signing the comment, if ■ 1. Revise the authority citation to read considered by us. submitted on behalf of an organization, as follows: The proposed rule seeks to establish business, labor union, etc.). You may Authority: 49 U.S.C. 32302, 32304(A), alternative fuel vehicle labeling and review DOT’s complete Privacy Act 30111, 30115, 30117, 30123, 30166, 30168, information requirements that aim to statement in the Federal Register and 32908, Pub. L. 104–414, 114 Stat. 1800, promote the use of alternative fuels and published on April 11, 2000 (Volume Pub. L. 109–59, 119 Stat. 1144, Pub. L. 110– reduce consumption of petroleum. We 65, Number 70; Pages 19477–78) or you 140, 121 Stat. 1492, 15 U.S.C. 1232(g); have tentatively concluded that this may visit http://www.dot.gov/ delegation of authority at 49 CFR 1.95. proposed rule will not have any adverse privacy.html (last visited January 10, ■ 2. Add § 575.402 to read as follows: energy effects but will instead have 2011). positive effects. Accordingly, this § 575.402 Alternative Fuel Vehicle M. Paperwork Reduction Act Identification and Owner’s Manual proposed rule is not designated as a Information. significant energy action. Under the procedures established by the Paperwork Reduction Act of 1995 (a) Purpose and scope. The purpose of I. Regulatory Identifier Number (PRA), a person is not required to this section is to inform consumers The Department of Transportation respond to a collection of information which vehicles are capable of operating assigns a regulation identifier number by a federal agency unless the collection on alternative fuels and the benefits of (RIN) to each regulatory action listed in displays a valid OMB control number. using alternative fuels, including their the Unified Agenda of Federal As described throughout this notice, renewable nature and environmental Regulations. The Regulatory Information NHTSA is proposing to require badges, benefits, by conveyance through a Service Center publishes the Unified labels and owner’s manual information permanent and prominent display, a Agenda in April and October of each for new passenger cars and light trucks label attached to the fuel tank filler year. You may use the RIN contained in weighing less than 8,500 pounds in compartment, and standardized owner’s the heading at the beginning of this order to increase consumer awareness manual information. regarding the benefits and use of 71 66 FR 28355 (May 18, 2001). alternative fuels. In general, the 72 5 CFR 1320.3(c)(2)

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(b) Application. This section applies (3) Fuel compartment label means designation and/or additional to automobiles rated at not more than text printed on the exterior of the fuel environmental/advanced technology 8,500 pounds gross vehicle weight with filler cap or an adhesive label affixed to badging, if applicable. If a vehicle is not the capability to operate on the the inside of an automobile refueling equipped with a model name, model alternative fuels as defined by 49 U.S.C. compartment, electrical charge port or designation and/or additional 32901(a)(1). connection point access door. environmental/advanced technology (c) Definitions. (1) Alternative fuel has (d) Requirements. (1) Required badging, the exterior badge shall be the same meaning as defined in 49 permanent and prominent display. Prior placed in the lower right corner of the U.S.C. 32901(a)(1). to being offered for first retail sale, each vehicle’s rear trunk-lid, closeout panel, (2) Permanent and prominent display manufacturer shall affix or cause to be rear hatch or rear fender depending on means a badge affixed to the exterior of affixed, and each dealer shall maintain an automobile, designed for and applied or cause to be maintained, an exterior vehicle type body configuration. with the ability to remain readable, and badge on each applicable automobile (ii) Content. The badge shall reflect, at attached to the automobile throughout capable of operation on alternative fuel. the minimum, in natural language the its entire useful life. The badge should (i) Location. The exterior badge shall type of alternative fuel the vehicle is be covered by the automobile be located and readily visible at the rear capable of operating on in accordance manufacturer warranty during the of the vehicle within close proximity to with the following table: automobile’s warranted period. the vehicle model name, model

Proposed badge natural language Alternative fuel * minimum description

Methanol ** ...... Methanol. Denatured Ethanol ** ...... Ethanol. Other Alcohols ** ...... Name of other alcohol derived fuel. Natural Gas ...... Natural Gas. Liquefied Petroleum Gas ...... Propane. Coal Derived Liquid Fuels ...... Coal to Liquid. Hydrogen ...... Hydrogen. Fuels (except alcohol) derived from biological materials ...... Biodiesel *** or name of other fuel derived from biological materials. Electricity (Battery Electric Vehicle) ...... Electric. Electricity (Plug-In Hybrid Electric Vehicle) ...... Plug-In Hybrid Electric. * As defined by 49 U.S.C. 32901(a)(1). ** Note: To be considered an alternative fuel, alcohol derived fuels need to be blended at levels of at least 85 percent of the total mixture when blended with gasoline or other fuels. *** The agency notes that it recognizes only ‘neat’ biodiesel (B100) as an alternative fuel. 63 FR 15322 (Mar. 31, 1998).

(iii) Minimum letter height. The black line, with no other text inside the and price variability associated with defined natural language minimum box. imported oil, and supporting U.S. description letter size shall be no {Section Heading:} Capabilities and alternative fuel producers. smaller than 15 millimeters in height Benefits of Using Alternative Fuels • Environmental Benefits— when the ‘‘natural language minimum This vehicle is recognized by the U.S. Renewability and Emissions: Many description’’ is presented as a Department of Transportation as an alternative fuels are renewable, which standalone badge containing no other alternative fuel vehicle, because it is means that their sources can be text and no smaller than 5 millimeters capable of operating on a biofuel, replenished—like plant-based ethanol, when the ‘‘natural language minimum electricity, hydrogen, natural gas, or solar-powered electricity. Renewable description’’ is accompanied by other propane or other fuel that is not derived fuels may have less environmental text. primarily from petroleum. Alternative impact than conventional fuels. (iv) Letter finish. The defined natural fuel vehicles may provide benefits both Additionally, compared with vehicles language minimum description shall be to their users and to the nation as a fueled by conventional, petroleum- finished in chrome or silver. If the whole over their useful lifetime by derived diesel and gasoline, many alternative fuel name in the badge operating on non-petroleum-based alternative fuel vehicles are estimated to contains a background color alternative fuels. Some of the benefits of reduce the life cycle greenhouse gas independent of the vehicle color, this alternative fuel usage in this vehicle emissions of carbon dioxide. background color shall provide clear may include: • Fuel Type and Availability: contrast to the alternative fuel name. • Energy and National Security: Alternative fuels are increasingly in (v) Minimum badge height. The badge Driving this vehicle on alternative fuels availability. To learn more about the used for ‘‘permanent and prominent’’ may help to reduce our country’s availability of alternative fuel that can display shall be no less than 15 dependence on foreign oil. The United power this vehicle, please visit the millimeters in height. States imports a substantial amount of Department of Energy’s Alternative (2) Required owner’s manual its petroleum, the majority of which is Fueling Station Locator at http:// information. The owner’s manual of used to fuel vehicles in the form of www.afdc.energy.gov/afdc/locator/ each vehicle capable of operating on gasoline and diesel. Petroleum imports stations/ to determine the location of alternative fuels shall contain the can be vulnerable to supply disruptions refueling and/or recharging facilities following text in the same font and type and price shocks depending on that meet your driving needs. size specification as other standard text conditions in the countries that supply Additional Information Resources found throughout the owner’s manual. us with oil. By using alternative fuels, In addition, the text shall be located you may be helping the country be less • For more information about within a box, bordered with a 1-pt. solid vulnerable to the supply disruptions alternative fuels and alternative fuel

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vehicles, please visit the Department of or cause to be affixed, and each dealer (i) Location. The label shall be located Energy’s Alternative Fuels & Advanced shall maintain, or cause to be within the fuel filler compartment in the Vehicles Data Center at http:// maintained, a label that complies with form of an adhesive label or as text on www.afdc.energy.gov. the requirements of 49 U.S.C. the exterior of the fuel filler cap. • For more information about vehicle 32905(g)(3) on each applicable safety, please visit www.safercar.gov. (ii) Content. For each type of automobile capable of operation on an alternative fuel, the label shall include (3) Required fuel filler compartment alternative fuel, as defined under 49 label. Prior to being offered for first the content indicated in the following U.S.C. 32901(a)(1). retail sale, each manufacturer shall affix, table:

Maximum Charging Defined alternative fuel * Alternative fuel name for use in labeling blend level voltage (liquid) level(s)

Methanol ** ...... Methanol ...... X ...... Denatured Ethanol ** ...... Ethanol ...... X ...... Other Alcohols ** ...... [Name of Alcohol Derived Fuel] ...... X ...... Natural Gas ...... CNG ...... Liquefied Petroleum Gas ...... LPG ...... Coal Derived Liquid Fuels ...... Coal Derived Liquid Fuels ...... X ...... Hydrogen ...... Hydrogen ...... Fuels (except alcohol) derived from biological materials Biodiesel or [Name of other Biologically derived fuel] ..... X ...... Electricity (Battery Electric Vehicle) ...... Electricity ...... X Electricity (Plug-In Hybrid Electric Vehicle) ...... Electricity/[Other Fuel Type(s)] ...... X *** X * 49 U.S.C. 32901(a)(1). ** Note: To be considered an alternative fuel, alcohol derived fuels need to be blended at levels of at least 85 percent of the total mixture when blended with gasoline or other fuels. *** For dual fuel capable non-electric power source.

(iii) Minimum letter height and style. (iv) Letter contrast. The fuel Issued in Washington, DC, under authority The defined minimum letter size shall compartment labeled text shall be delegated in 49 CFR part 1.95. be no smaller than 5 millimeters in presented in high contrast to the Christopher J. Bonanti, height and in ‘‘bold-face’’ type. background color of the material the text Associate Administrator for Rulemaking. is printed on. [FR Doc. 2014–02957 Filed 2–19–14; 8:45 am] BILLING CODE 4910–59–P

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