NOTE: The Secretary of the Department of Transportation and the Administrator of the Environmental Protection Agency signed the following document on May 25, 2011, and we are submitting it for publication in the Federal Register. While we have taken steps to ensure the accuracy of this Internet version of the document, it is not the official version. Please refer to the official version in a forthcoming Federal Register publication or on GPO's Web Site. You can access the Federal Register at: www.gpoaccess.gov/fr/index.html. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 85, 86 and 600 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 575 [EPA–HQ–OAR–2009–0865; FRL_XXXX-X; NHTSA-2010-0087] RIN 2060-AQ09; RIN 2127-AK73 Revisions and Additions to Motor Vehicle Fuel Economy Label AGENCY: Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA). ACTION: Final Rule. SUMMARY: The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) are issuing a joint final rule establishing new requirements for the fuel economy and environment label that will be posted on the window sticker of all new automobiles sold in the U.S. The labeling requirements apply for model year 2013 and later vehicles with a voluntary manufacturer option for model year 2012. The labeling requirements apply to passenger cars, light-duty trucks, and medium duty passenger vehicles such as larger sport-utility vehicles and vans. The redesigned label provides expanded information to American consumers about new Page 1 of 418 vehicle fuel economy and fuel consumption, greenhouse gas and smog-forming emissions, and projected fuel costs and savings, and also includes a smartphone interactive code that permits direct access to additional web resources. Specific label designs are provided for gasoline, diesel, ethanol flexible fuel, compressed natural gas, electric, plug-in hybrid electric, and hydrogen fuel cell vehicles. This rulemaking is in response to provisions in the Energy Independence and Security Act of 2007 that imposed several new labeling requirements and new advanced- technology vehicles entering the market. NHTSA and EPA believe that these changes will help consumers to make more informed vehicle purchase decisions, particularly as the future automotive marketplace provides more diverse vehicle technologies from which consumers may choose. These new label requirements do not affect the methodologies that EPA uses to generate consumer fuel economy estimates, or the automaker compliance values for NHTSA's corporate average fuel economy and EPA's greenhouse gas emissions standards. This action also finalizes a number of technical corrections to EPA’s light-duty greenhouse gas emission standards program. DATES: This final rule is effective on [insert date 60 days after date of publication in the Federal Register]. The incorporation by reference of certain publications listed in this regulation is approved by the Director of the Federal Register as of [insert date 60 days after publication in the Federal Register]. Page 2 of 418 ADDRESSES: EPA and NHTSA have established dockets for this action under Docket ID No. EPA-HQ-OAR-2009-0865 and NHTSA-2010-0087, respectively. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http;//www.regulations.gov or in hard copy at the following locations: EPA: EPA Docket Center (EPA/DC), EPA West, Room 334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744. NHTSA: NHTSA: Docket Management Facility, M-30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New Jersey Avenue, SE, Washington, DC 20590.The Docket Management Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: EPA: Lisa Snapp, Office of Transportation and Air Quality, Transportation and Climate Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor MI 48105; telephone number: 734-214-4282; fax number: 734-214-4958; email address: [email protected]. Page 3 of 418 DOT/NHTSA: Rebecca Yoon, Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. Telephone: (202) 366-2992. SUPPLEMENTARY INFORMATION: A. Does this Action Apply to Me? This action affects companies that manufacture or sell new light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles, as defined under EPA’s CAA regulations,1 and passenger automobiles (passenger cars) and non-passenger automobiles (light trucks) as defined under NHTSA’s CAFE regulations.2 Regulated categories and entities include: 1 “Light-duty vehicle,” “light-duty truck,” and “medium-duty passenger vehicle” are defined in 40 CFR 86.1803-01. Generally, the term “light-duty vehicle” means a passenger car, the term “light-duty truck” means a pick-up truck, sport-utility vehicle, or minivan of up to 8,500 lbs gross vehicle weight rating, and “medium-duty passenger vehicle” means a sport-utility vehicle or passenger van from 8,500 to 10,000 lbs gross vehicle weight rating. Medium-duty passenger vehicles do not include pick-up trucks. 2 “Passenger car” and “light truck” are defined in 49 CFR Part 523. Page 4 of 418 Category NAICS Examples of Potentially Regulated Entities CodesA Industry 336111 Motor vehicle manufacturers. 336112 Industry 811112 Commercial importers of vehicles and vehicle 811198 components. 423110 Industry 336211 Stretch limousine manufacturers and hearse manufacturers. Industry 441110 Automobile dealers. A North American Industry Classification System (NAICS). This list is not intended to be exhaustive, but rather provides guidance on entities likely to be regulated by this action. To determine whether particular activities may be regulated by this action, you should carefully examine the regulations. You may direct questions regarding the applicability of this action to the person listed in FOR FURTHER INFORMATION CONTACT. Table of Contents I. Overview of Joint EPA/NHTSA New Vehicle Labels A. Description of the Proposal B. Description of the Action C. Rationale for Revising the Label Page 5 of 418 D. Market Research II. Statutory Provisions and Legal Authority A. Energy Policy and Conservation Act (EPCA) B. Energy Independence and Security Act (EISA) III. Public Participation and Comment A. Energy Metrics B. Rating Systems C. Form of the Ratings D. Fuel Economy and Greenhouse Gas Rating Methodology E. Upstream GHGs F. Smog Rating G. Fuel Costs and Savings H. Range and Charge Time I. Web site and QR Code J. Color K. Lead time L. Harmonization with Other Labels M. Electric and Plug-in Hybrid Electric Vehicle Test Procedures N. Utility Factors IV. Final Label Designs and Format A. Label Size and Border B. Upper Box C. Lower Box Page 6 of 418 D. Example Labels V. Additional Related EPA Actions A. Comparable Class Categories B. Miscellaneous Amendments and Corrections VI. Impacts of Final Rule A. Costs Associated with this Rule B. Impact of Requiring One Label to Meet EPCA/EISA C. Benefits of Label Changes D. Summary of Costs and Benefits VII. Statutory Authority and Executive Order Reviews A. Relationship of EPA’s Requirements with Other Statues and Regulations B. Statutory And Executive Order Reviews List of Acronyms and Abbreviations A/C Air Conditioning AC Alternating Current AIDA Automobile Information Disclosure Act BTU British Thermal Units CAA Clean Air Act CAFE Corporate Average Fuel Economy Page 7 of 418 ARB California Air Resources Board CBI Confidential Business Information CD Charge Depleting CFR Code of Federal Regulations CH4 Methane CNG Compressed Natural Gas CO Carbon Monoxide CO2 Carbon Dioxide CREE Carbon-related Exhaust Emissions CS Charge Sustaining DOE Department of Energy DOT Department of Transportation E85 A mixture of 85% ethanol and 15% gasoline EISA Energy Independence and Security Act of 2007 EO Executive Order EPA Environmental Protection Agency EPCA Energy Policy and Conservation Act EPL Environmental Performance Label EREV Extended Range Electric Vehicle EV Electric Vehicle FCV Fuel Cell Vehicle FE Fuel Economy FFV Flexible Fuel Vehicle Page 8 of 418 FTC Federal Trade Commission FTP Federal Test Procedure GHG Greenhouse Gas GVWR Gross Vehicle Weight Rating HCHO Formaldehyde HEV Hybrid Electric Vehicle HFC Hydrofluorocarbon HFET Highway Fuel Economy Test ICI Independent Commercial Importer IT Information Technology ICR Information Collection Request LEV II Low Emitting Vehicle II LEV II opt 1 Low Emitting Vehicle II, option 1 MDPV Medium Duty Passenger Vehicle MPG Miles per Gallon MPGe Miles per Gallon equivalent MY Model Year N2O Nitrous Oxide NAICS North American Industry Classification System NCAP New Car Assessment Program NEC Net Energy Change NHTSA National Highway Traffic Safety Administration NMOG Non-methane Organic Gases Page 9 of 418 NOX Oxides of Nitrogen