Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE Incentives and Fuel Economy Labeling Requirements; Final Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 86 and 600

[AMS-FRL-4675-2]

RIN 2060-AC78

Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE

Incentives and Fuel Economy Labeling Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule amends the fuel economy regulations to include

alternative-fueled automobiles. The Alternative Motor Fuels Act (AMFA)

of 1988 includes 1993 model year and later alternative-fueled

automobiles (passenger automobiles and light trucks) in the Corporate

Average Fuel Economy (CAFE) program on a favorable basis to encourage

the manufacture of these vehicles. The AMFA provides these CAFE

``credits'' for automobiles designed to be fueled with methanol,

ethanol, other alcohols, natural gas, or dual-fueled automobiles

designed to operate on one or more of these alterative fuels and

gasoline or diesel fuel. Under the AMFA, these credits are only

available for automobiles that meet certain requirements regarding:

alternative fuel content (e.g., for alcohol fuels, a minimum of 85

percent by volume alcohol), energy efficiency, and driving range.

Neither the AMFA nor today's final rule will affect automobiles that do

not meet these requirements; such vehicles would not receive the

favorable CAFE treatment. Alternative-fueled automobile labeling

requirements are also specified in the AMFA. This final rule codifies

the requirements of the AMFA in 40 CFR part 600. Recently, AMFA was

amended by the Energy Policy Act of 1992, to extend the CAFE credit to

automobiles designed to operate on additional types of alternative

fuels. However, this final rule does not include these additional

alternative fuel types, as they were not included in the CAFE program

at the time the NPRM was published and the final rule was developed.

DATES: This final rule is effective September 2, 1994, except as

follows: the effective date for the amendments to 40 CFR 600.006-

89(b)(1) (i) and (h) and footnote 4 to the table in 40 CFR 86.129-94(a)

will be October 3, 1994, unless adverse comment is received by

September 2, 1994, upon which the amendments to 40 CFR 600.006-89(b)(1)

(i) and (h) and footnote 4 to the table in 40 CFR 86.129-94(a) will be

withdrawn before the effective date by a document published in the

Federal Register.

The incorporation by reference of certain publications listed in

this final rule is approved by the Director of the Office of the

Federal Register as of September 2, 1994.

40 CFR 600.113-93, 600.206-93, 600.207-93, 600.209-95, 600.307-95,

600.510-93 are not effective until the Office of Management and Budget

(OMB) has approved the Information Collection Requirements contained in

them. EPA will publish a document in the Federal Register following OMB

approval of the information collection requirements.

ADDRESSES: Comments regarding the amendments to 40 CFR 600.006-89(b)(1)

(i) and (h) and footnote 4 to the table in 40 CFR 86.129-94(a) should

be submitted to EPA Air Docket LE-131 (address following). Comments

regarding the information collection requirements should be sent to

Chief, Information Policy Branch (PM-2136); U.S. Environmental

Protection Agency; 401 M Street, SW., Washington, DC 20460; and to the

Office of Information and Regulatory Affairs, Office of Management and

Budget, Washington, DC 20503, marked ``Attention: Desk Officer for

EPA.'' Materials relevant to this final rule are contained in EPA Air

Docket LE-131, Attention: Docket No. A-89-24, located at the Air Docket

Section, U.S. Environmental Protection Agency, Room M-1500, 401 M

Street SW., Washington, DC 20460 telephone (202) 382-7548. The docket

may be inspected between the hours of 8:30 a.m. to 12 noon and from

1:30 to 3:30 p.m. weekdays. A reasonable fee may be charged by EPA for

copying docket materials.

FOR FURTHER INFORMATION CONTACT: Kenneth L. Zerafa, Certification

Division, U.S. Environmental Protection Agency, National Fuel and

Vehicle Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, Michigan

48105. Telephone (313) 668-4331.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority

II. Introduction

III. Description of the Action

IV. Public Participation

A. Options to Include Alternative-Fueled Automobiles

B. Fuel Specifications

C. Energy Efficiency of Dual-Fueled Automobiles

D. Fuel Economy Calculations--Fuel Properties

E. Fuel Economy Label Format Requirements

F. Gas Guzzler Tax Applicability

V. Technical Amendments

VI. Administrative Requirements

A. Administrative Designation

B. Reporting & Recordkeeping Requirement

C. Regulatory Flexibility Act

I. Authority

The promulgation of these regulations is authorized by 15 U.S.C.

2001, 2002, 2003, 2005, 2006, 2013; 42 U.S.C. 7521, 7522, 7524, 7525,

7541, 7542, 7549, 7550, 7552, and 7601(a).

II. Introduction

On October 14, 1988, Congress enacted the Alternative Motor Fuels

Act (AMFA), Public Law 100-494, 15 U.S.C. 2001 et seq., to encourage:

(1) The development and widespread use of methanol, ethanol, and

natural gas as transportation fuels by consumers; and (2) the

production of methanol, ethanol, and natural gas-fueled motor vehicles.

(AMFA section 3) The Energy Policy Act of 1992 (Public Law 102-486,

October 4, 1992) amended the AMFA to also include liquefied petroleum

gas; hydrogen; coal derived liquid fuels; fuels derived from biological

materials; electricity; and any other fuel the Secretary of

Transportation determines, by rule, is substantially not petroleum and

would yield substantial energy security benefits and substantial

environmental benefits. The AMFA prescribes explicit requirements in

two areas relating to fuel economy of alternative-fueled vehicles: (1)

CAFE credit qualification and calculation; and (2) fuel economy

labeling.

Regarding the first area, the AMFA section 6, 15 U.S.C. 2013, as

amended, provides for favorable CAFE treatment of certain dedicated

alternative-fueled vehicles, and dual-fueled vehicles that meet

specified requirements. Passenger automobiles and light-duty trucks

that can be eligible for CAFE credit include those designed to: (1)

Operate exclusively on alternative fuels, or (2) operate on either

gasoline or diesel fuel, as well as alternative fuels, or a combination

of gasoline or diesel fuel and alternative fuels (i.e., dual-fueled

automobiles).

The eligibility for favorable CAFE treatment of dual-fueled

vehicles is dependent on their ability to meet certain energy

efficiency requirements. 15 U.S.C. 2013(h)(1). In order to be eligible,

dual-fueled automobiles are to provide equal or superior energy

efficiency when operating on the alternative fuel as when operating

gasoline or diesel fuel. In addition, in order to be eligible,

automobiles capable of operating on a mixture of an alternative fuel

and gasoline or diesel fuel which are manufactured in model years 1993

through 1995 (or for a longer period if extended by the Administrator)

are to achieve energy efficiency when operated on a mixture of 50

percent alternative fuel and 50 percent gasoline or diesel equal to or

superior to that achieved when operated exclusively on gasoline or

diesel fuel.

One further requirement established by the AMFA for dual-fueled

passenger automobiles to be eligible for CAFE credit is that they

comply with minimum driving range requirements established by the

Secretary of Transportation. 15 U.S.C. 2013(h)(2) Ranges were

established by the National Highway Traffic Safety Administration

(NHTSA) for alcohol dual-fueled and natural gas dual-fueled passenger

automobiles in the Federal Register on April 26, 1990 (55 FR 17611).

The minimum driving range established in NHTSA's rule for alcohol dual-

fueled passenger automobiles is 200 miles and the range for natural gas

dual-fueled passenger automobiles is 100 miles when operated on the

alternative fuel. However, section 403 (5)(I) of the Energy Policy Act

of 1992 amends the Motor Vehicle Information and Cost Savings Act

(MVICSA) to require that all dual-fueled passenger automobiles (other

than electric automobiles) meet a minimum driving range of 200 miles

(or a higher value if determined by the Secretary of Transportation)

while operating on the alternative fuel. 15 U.S.C. 2013(h)(2)(C). This

amendment supersedes the requirements of AMFA and the NHTSA rulemaking.

For dedicated automobiles, the fuel economy calculated for CAFE

purposes is based on the gasoline or diesel content of the mixture

which is deemed by AMFA to be 15 percent by volume. 15 U.S.C.

2013(a)(c). Fuel economy for CAFE purposes is then based on the amount

of gasoline or diesel fuel consumed. For example, a dedicated alcohol

automobile which has a measured fuel economy of 18 miles per gallon of

alcohol would receive a rating of 18/0.15 or 120 mpg for CAFE purposes.

Similarly, for dedicated natural gas-fueled automobiles, a gallon

equivalent of natural gas is deemed by AMFA to contain 15 percent

gasoline or diesel fuel for CAFE purposes. The AMFA provides that 100

cubic feet of natural gas shall be considered to contain 0.823 gallon

equivalent of natural gas. 15 U.S.C. 2013(c). The fuel economy for CAFE

purposes is based on the equivalent amount of gasoline or diesel fuel

consumed. For example, a dedicated natural gas-fueled automobile with a

measured fuel economy of 23 miles/100 cubic feet of natural gas at

standard conditions would receive a value for CAFE purposes of 186.3

mpg ((23 miles/100 cubic feet) x (100 cubic feet/0.823 gallons

equivalent natural gas) x (1 gallon equivalent natural gas/0.15 gallon

gasoline)).

For dual-fueled automobiles, the fuel economy for CAFE purposes is

to reflect the assumption that the automobiles are operated half of the

time on gasoline or diesel fuel and half of the time on the alternative

fuel. 15 U.S.C. 2013(b)(d). Therefore, fuel economy is based on the

harmonic average of the fuel economy value when operated on gasoline or

diesel and the credited fuel economy value when operated on the

alternative fuel as described for the dedicated alternative-fueled

vehicles above. The harmonic averaging method required by AMFA is

equivalent to averaging fuel consumption (gallons/mile), which is the

inverse of fuel economy (miles/gallon). For example, assume a model

type achieves a combined city/highway fuel economy of 27 mpg on

gasoline and 18 mpg on alcohol. If the model type were dedicated

alcohol fueled, the rating for CAFE purposes would be 120 mpg as

described previously. The fuel economy value for CAFE purposes of the

dual-fueled model type would be 44.1 mpg (1/(((1/27)+(1/120))/2)).

The AMFA also limits the maximum model year increase in a

manufacturer's CAFE attributable to dual-fueled automobiles to 1.2 mpg

for model years 1993 through 2004 and, if extended by the Secretary of

Transportation, to 0.9 mpg for model years 2005 through 2008 for each

compliance category of automobiles (i.e. domestic passenger, import

passenger, domestic light truck, and import light truck). 15 U.S.C.

2013(g). Furthermore, if the Secretary of Transportation reduces the

average fuel economy standard applicable to passenger automobiles to

less than 27.5 mpg for any model year, increases above 0.7 mpg in the

manufacturer's average fuel economy attributable to dual-fueled

passenger automobiles are to be reduced by the amount the standard was

lowered, but may not be reduced to yield less than 0.7 mpg.

Regarding the second area, fuel economy labeling requirements, the

AMFA section 8, 15 U.S.C. 2006(a), requires that specific fuel economy

information for dedicated alterative- fueled automobiles and dual-

fueled automobiles appear on the fuel economy label and in the Gas

Mileage Guide published by the Department of Energy. For dedicated

automobiles, the AMFA states that the fuel economy for labeling

purposes shall be the fuel economy value calculated for CAFE purposes

multiplied by the value, 0.15. 15 U.S.C. 2006(a)(4)(A). For dual-fueled

automobiles, the AMFA 15 U.S.C. 2006(a)(4)(B) states that each label

must: (i) Indicate the fuel economy of such automobiles when operated

on gasoline or diesel fuel; (ii) clearly identify such automobiles as

dual-fueled automobiles; (iii) clearly identify the fuels on which such

automobiles may be operated; and (iv) contain a statement informing the

consumer that the additional information is contained in the booklet

published and distributed by the Department of Energy.

To administer the provisions of the AMFA described above, the EPA

published a Notice of Proposed Rulemaking (NPRM) in the Federal

Register on March 1, 1991. The purpose of the NPRM was to propose to

integrate the requirements of the AMFA into EPA's existing fuel economy

regulations (40 CFR part 600) and to frame issues of potential interest

to commenters. Again, as stated in the ``Summary'' section, today's

final rule does not affect automobiles that do not meet the eligibility

requirements for favorable CAFE treatment specified in the AMFA. Also,

to avoid significant delays, this final rule only covers those fuels

contained in the AMFA at the time of proposal, namely alcohols and

natural gas, and does not address the other fuels added by the Energy

Policy Act of 1992, since this Act was passed well after publication of

the NPRM and late in the development of this final rule. EPA will

include these other fuels in a future separate rulemaking. The sections

that follow describe the final regulations that have been adopted and

the consideration of public comment that led to decisions regarding the

final regulations.

III. Description of the Action

Today's final rule sets in place the CAFE credit mechanism and the

fuel economy labeling requirements for the 1993 and later model year

alternative-fueled vehicles covered by the AMFA, namely alcohol and

natural gas automobiles. In addition, since emission standards and

emission measurement procedures have already been developed for

methanol-fueled automobiles (54 FR 14426), fuel economy measurement

procedures for methanol-fueled vehicles are also included in today's

rule. The fuel economy calculations for methanol-fueled vehicles are

based on the carbon balance technique which relies on the premise that

the quantity of carbon contained in the exhaust is equal to the

quantity of carbon consumed by the engine as fuel. The proposed

equation was based on fixed fuel properties. However, based on comments

received in response to the NPRM, EPA decided that measured fuel

properties are more appropriate for the calculation of fuel economy

and, therefore, today's final rules are based on measured fuel

properties. This is further discussed in section V. ``Public

Participation''.

EPA is currently developing emission standards, emission test

procedures, and fuel economy calculation procedures for natural gas-

fueled vehicles in a separate rulemaking. The notice of proposed

rulemaking, ``Standards for Emissions From Natural Gas-Fueled, and

Liquified Petroleum Gas-Fueled Motor Vehicles and Motor Vehicle

Engines, and Certification Procedures for Aftermarket Conversion

Hardware'' was published in the Federal Register on November 5, 1992

(57 FR 52912). EPA expects that this rule will be promulgated in

advance of the completion of the 1993 model year annual production

period, after which CAFE for the 1993 model year is calculated, thereby

allowing manufacturers to obtain CAFE credits for 1993 model year and

later natural gas-fueled vehicles. In the event that this rulemaking

cannot be promulgated in time, EPA expects to promulgate those portions

regarding fuel economy test and calculation procedures in order to

ensure fuel economy credits are available for 1993 model year natural

gas-fueled vehicles.

EPA is currently developing a timeline for the development of

emission standards and test procedures for ethanol-fueled vehicles. In

the event that manufacturers introduce ethanol- fueled vehicles into

commerce before federal fuel economy test procedures are established,

EPA will consider proposing California test procedures and a fuel

economy equation to ensure that a mechanism is in place for ethanol-

fueled vehicle CAFE credit as soon as possible.

Today's rule also integrates the energy efficiency requirements of

the AMFA into EPA's existing fuel economy regulations. These

requirements must be met for a dual-fueled vehicle to be eligible for

fuel economy credit. In the NPRM, EPA proposed that the manufacturer

must test each dual-fueled vehicle used for fuel economy purposes on

both the city and highway driving cycles using three fuels: gasoline or

diesel fuel, the alternative fuel, and, in the case of alcohol dual-

fueled automobiles, a 50 percent gasoline/50 percent alcohol mixture to

satisfy the energy efficiency requirements of the AMFA. 15 U.S.C.

2013(h)(1)(C) (ii) and (iii). Although testing on both the alternative

fuel and gasoline fuel is required to determine fuel economy, the 50/50

mixture requirement is only needed to determine energy efficiency.

After considering comments received from manufacturers, the EPA

realizes that the requirement to test every fuel economy vehicle on

three fuels could be excessively burdensome compared to the

requirements for testing gasoline- fueled vehicles, which are tested on

one fuel. Therefore, for dual-fueled vehicles, this final rule requires

manufacturers to: (1) Perform city and highway fuel economy tests on

all vehicles used for fuel economy purposes using both gasoline and the

alcohol fuel and, (2) during initial certification, either perform city

and highway fuel economy tests on one emission data vehicle per engine

family using the 50/50 alcohol/gasoline mixture or provide a statement

attesting that equal or superior energy efficiency is attained while

using a 50/50 mixture compared to using gasoline, where applicable. EPA

retains the right to audit test any vehicle used for fuel economy

purposes to confirm the manufacturer's statement. This will reduce the

test burden on the manufacturer while preserving the intent of the

energy efficiency requirements of the AMFA by ensuring that vehicles

are designed to be equally or more energy efficient while operating on

the alternative fuel and a 50/50 alcohol/gasoline mixture than when

operated on gasoline.

Today's rule also integrates the fuel economy labeling requirements

of the AMFA for alternative-fueled vehicles into the existing fuel

economy regulations. Some minor modifications were made to the proposed

label formats as a result of comments received on the NPRM. These

changes are discussed in detail in the ``Public Participation''

section. In response to manufacturers' comments, the EPA is offering an

optional label format for dual-fueled vehicles that contains fuel

economy values for vehicle operation using the alternative fuel. The

AMFA requires that the fuel economy values while operating on gasoline

or diesel appear on the label with a statement that further information

is contained in the Gas Mileage Guide available at the dealer. This

optional label format contains a limited amount of additional

information pertaining to the fuel economy while operating on the

alternative fuel and should reduce consumer confusion and frustration

in obtaining such fuel economy information. Also, this optional label

will contain a statement that refers to the availability of additional

information in the Gas Mileage Guide. The label formats established

under this rulemaking are found in the revised regulations following

the preamble.

EPA is working with the Department of Energy (DOE), the Department

of Transportation (DOT), and the Federal Trade Commission (FTC) to

revise the Gas Mileage Guide to include information on alternative-

fueled vehicles. These changes will be coordinated with the FTC's

implementation of section 406 of the Energy Policy Act of 1992 (Public

Law 102-486) which mandates that the FTC promulgate rules to establish

uniform labeling requirements for alternative fuels and alternative-

fueled vehicles, including requirements for appropriate information

with respect to costs and benefits so as to reasonably enable the

consumer to make choices and comparisons. The revisions to the Gas

Mileage Guide (including changing the name of the guide to ``Fuel

Economy Guide'') will not be completed in time for inclusion in the

1994 model year guide. Therefore, the fuel economy labeling

requirements for alternative-fueled vehicles, which contain label

statements that refer the consumer to the Gas Mileage Guide for further

information on the fuel economy of alternative-fueled vehicles, are

applicable beginning with the 1995 model year. However, those

manufacturers who produce 1993 or 1994 model year alternative-fueled

automobiles may optionally comply with the labeling regulations in

today's rule using the appropriate label wording modifications,

approved by the Administrator, regarding availability of additional

information in the Gas Mileage Guide.

The AMFA does not address the applicability of the gas guzzler tax

to dedicated alternative-fueled vehicles or dual-fueled vehicles. The

Secretary of the Treasury (after consultation with the Secretary of

Transportation) is authorized by Section 201 of the Energy Tax Act of

1978, 26, U.S.C. 4064 et seq., to include in the gas guzzler tax

program automobiles fueled with any product of petroleum or natural

gas, if such inclusion is consistent with the need of the nation to

conserve energy. Consequently, the alternative fuels covered by the

AMFA could conceivably be included in the gas guzzler tax program.

Currently the program is limited to passenger automobiles powered by

gasoline or diesel fuel. The Secretary of Treasury has not made a

determination to include alcohols or natural gas in the gas guzzler

program; therefore, dedicated alternative-fueled vehicles are currently

not included in the guzzler program. In the NPRM, the EPA solicited

comments regarding whether alternative fueled automobiles or dual-

fueled automobiles should be included in the gas guzzler tax program.

The comments were forwarded to the Treasury Department for

consideration in the determination of applicability of gas guzzler tax

to dual-fueled vehicles. The IRS agreed that EPA's decision to label

dual- fueled automobiles for gas guzzler tax purposes based on the fuel

economy while operating on gasoline is in accordance with the law.

To save time and printing costs, some technical amendments of 40

CFR parts 86 and 600 have also been included in this final rule.

IV. Public Participation

A number of interested parties provided comments on EPA's March 1,

1991 NPRM. These comments and other documents relevant to the

development of this final rule are contained in the public docket. The

Agency has fully considered these comments in developing today's final

rule.

The following section presents a brief summary of the major

comments received on the NPRM and EPA's responses to those comments. A

separate and more detailed Summary and Analysis of Comments on the NPRM

has been prepared and is contained in the public docket. The interested

reader is referred to that document for a more complete discussion of

the comments, including some of the more minor concerns that have been

evaluated, but are not presented here.

A. Options To Include Alternative-Fueled Automobiles in the Fuel

Economy Regulations

Summary of the Proposal

EPA proposed to establish the CAFE incentive mechanism (credit

calculation procedures) provided by the AMFA for methanol, ethanol, and

natural gas-fueled automobiles in the regulations. EPA also proposed

fuel economy measurement procedures for methanol-fueled automobiles.

The current requirement that fuel economy data vehicles be covered by a

certificate demonstrating compliance with emission standards was

proposed to be revised so that it applies only when the vehicles are

subject to emission standards. The Agency requested comments on how

test procedures for alternative-fueled vehicles other than methanol

could be promulgated on a timely basis, and whether there are any

alternative fuels other than those addressed in the Alternative Motor

Fuels Act, that could be included in the CAFE program in a manner

consistent with the need of the nation to conserve energy. More

specifically, EPA requested comments on whether the Agency would have

good cause to dispense with prior notice and comment (i.e., direct

final rule), if necessary to promulgate test procedures in time for

manufacturers to obtain credits for vehicles designed to run on

alternative fuels not already covered by established test procedures.

Summary of Comments

The Motor Vehicle Manufacturers' Association (MVMA) agreed with the

proposal to revise the current requirements so that fuel economy data

vehicles be covered by a certificate of conformity only when such

vehicles are subject to emission standards. Atlantic Richfield Co.

(ARCO) took issue with this proposal, stating that equal treatment is

preferred for all the fuels, and that fuel economy determinations

should be made on vehicles meeting emission standards both for gasoline

and any alternative fuels considered.

A number of comments were received regarding the importance of a

level playing field for alternative fuels and that a lack of federal

regulations may impede the development of alternative-fueled vehicles.

Particularly, a number of commenters urged that the establishment of

emission standards and fuel economy test procedures for natural gas

vehicles not be delayed. Comments were also received recommending that

a timetable for implementation of ethanol-fueled automobile standards

and test procedures be established as this technology develops. One

manufacturer further commented that it is working on electric vehicles

and urged the EPA to work with the Department of Energy to establish a

CAFE credit mechanism for electric vehicles. The Northeast Sustainable

Energy Association (NESEA) expressed that they were very concerned that

the proposed amendments did not address electric vehicles and that

electric-powered vehicles and electric dual-fueled vehicles should be

included in fuel economy regulations. The NESEA also encouraged EPA to

pursue emission standards for solar, hydrogen, and electric powered

automobiles. ARCO stressed that gasoline reformulations should be

included when working toward a level playing field for alternative

fuels.

A number of commenters recommended that California's existing

alternative-fueled vehicle test procedures could be used to generate

fuel economy data until federal regulations are promulgated.

Comments were received in response to EPA's request for comments on

a direct final rule type approach. Ford stated that manufacturers

should be allowed to comment on both test procedures and standards

before they are finalized. Ford recommended that EPA schedule workshops

to discuss proposed rulemaking, which would be advantageous in allowing

manufacturers and EPA to raise questions and concerns before test

procedures are published. The Natural Gas Vehicle Coalition (NGVC)

believes that sufficient ``good cause'' exists for EPA to take

immediate action to establish emission standards and procedures for

natural gas vehicles based on California's standards and procedures.

EPA Response to Comments

The EPA recognizes ARCO's concern that fuel economy determinations

be made on vehicles meeting emission standards both for gasoline and

alternative fuels. EPA has promulgated emission standards and test

procedures for methanol-fueled vehicles and is currently developing

standards for gaseous-fueled (CNG and LPG) vehicles. In addition, EPA

will continue to assess the need to develop emission standards for

other alternative-fueled vehicles. However, in the event that emission

standards are not developed and promulgated for alternative-fueled

vehicles covered by the AMFA before a manufacturer produces and enters

such vehicles into commerce, the current regulations that require that

fuel economy data vehicles be covered by a certificate demonstrating

compliance with emission standards would not provide a mechanism for

obtaining CAFE credit. Therefore, EPA is revising the current

regulation so that it applies only where the vehicles are subject to

emission standards. This will serve as an interim policy to ensure that

manufacturers receive the CAFE credit provided by the AMFA for natural

gas-fueled vehicles, ethanol-fueled vehicles and other alternative-

fueled vehicles in the event that such vehicles are entered into

commerce before emission standards are promulgated.

The EPA agrees with the comments received regarding the importance

of a level playing field for the alternative fuels covered by the AMFA

as well as other promising alternative fuels. The intent of EPA is to

establish emission standards for any alternative-fueled vehicle design

before such vehicles are commercially produced or, at the latest,

before their sales volume could significantly impact a manufacturer's

CAFE. As discussed previously, the EPA has promulgated emission

standards and test procedures for methanol-fueled vehicles and is

currently developing emission standards and test procedures for natural

gas-fueled vehicles. The notice of proposed rulemaking for emission

standards and emission test procedures as well as fuel economy

calculation procedures for natural gas-fueled vehicles was published on

November 5, 1992 (57 FR 52912). EPA expects that this rule will be

finalized in advance of the completion of the 1993 model year annual

production period after which CAFE for the 1993 model year is

calculated, thereby allowing manufacturers to obtain CAFE credits for

1993 model year and later natural gas-fueled vehicles. In the event

that this rulemaking cannot be promulgated in time, EPA will expect to

finalize those portions regarding fuel economy test and calculation

procedures in order to ensure fuel economy credits are available for

1993 model year natural gas-fueled vehicles.

EPA is currently developing a timeline for the development of

emission standards and test procedures for ethanol-fueled vehicles. In

the event that manufacturers introduce ethanol-fueled vehicles into

commerce before federal fuel economy test procedures are established,

EPA will consider proposing California test procedures or procedures

similar thereto and a fuel economy equation to ensure that a mechanism

is in place for ethanol-fueled vehicle CAFE credit as soon as possible.

EPA has not established a timeline for the development of emission

standards or test procedures for hydrogen, electric, and solar powered

vehicles. EPA will continue to assess the need for establishing

emission standards and test procedures for these vehicles.

The Department of Energy, under the Chrysler Corporation Loan

Guarantee Act of 1979, is responsible for developing petroleum

equivalency factors for electric vehicles for the purpose of including

such vehicles in the CAFE program. The CAFE calculation and test

procedures for electric vehicles are contained in 10 CFR 474.4. The

petroleum equivalency factors for electric vehicles were not extended

past 1987. However, due to continued technology development and a

strong industry interest in the CAFE treatment of electric vehicles,

DOE is currently developing a notice of proposed rule to establish new

petroleum equivalency factors.

EPA is currently developing a reformulated gasoline program.

Reformulated gasoline will be used in current gasoline-fueled vehicles.

The AMFA does not provide CAFE credits for reformulated gasoline-fueled

vehicles.

B. Fuel Specifications

Summary of the Proposal

The Agency proposed that alcohol fuel and natural gas fuel used for

fuel economy testing and service accumulation shall be representative

of commercially available fuel for motor vehicles.

Summary of Comments

Several automobile manufacturers recommended that definite fuel

specifications for methanol and natural gas fuels used for emissions

and fuel economy testing be adopted. The commenters stated that the

proposed procedure allows for too much potential inconsistency between

the manufacturers and EPA in fuels used for testing. Without fuel

specifications, fuel economy and emission results could vary in

response to differences in fuel properties. The manufacturers suggested

that specifications for methanol blends be based on chemical grade

methanol (ASTM D 1152) and certification grade gasoline (40 CFR 86.113-

82a).

EPA Response to Comments

The Agency agrees that setting fuel specifications for alternative

fuels for emission and fuel economy testing would reduce the

uncertainty associated with certification using unspecified

commercially representative fuels. However, EPA believes that, to the

extent variability in fuel specifications can affect emissions, fuel

specifications for methanol, natural gas, and other alternative fuels

used for emissions testing (and, therefore, fuel economy testing since

they are calculated from the same test) should be representative of

fuels encountered in-use. Certified automobiles are expected to comply

with emission standards under normal in-use conditions, which includes

the use of fuels that are representative of those commercially

available. The Administrator reserves the right to test vehicles using

fuels representative of those that in-use vehicles will encounter.

Ideally, fuel specifications should be developed that are

representative of in-use fuels. However, since the markets for these

fuels for use in motor vehicles are not yet established, and the fuels

that become commercially available could vary significantly in

composition, a single set of specifications may not be representative

of the fuels that could be used. Also, it is difficult to identify

which compositions are representative in the absence of established

markets.

On April 11, 1989, EPA published a final rulemaking in the Federal

Register (54 FR 14426) which established emission standards and test

procedures for methanol-fueled automobiles. In that rulemaking,

methanol test fuels were required to be representative of in-use fuels.

However, the methanol fuel market is not yet at a level of development

to allow for the determination of a representative fuel. EPA has

developed a package of proposed technical amendments (58 FR 11816,

March 1, 1993) to the above-mentioned final rule to improve the quality

of emissions data and increase the flexibility for manufacturers to

meet the requirements. One of the proposals in this package is to allow

a combination of chemical grade methanol and certification gasoline for

test fuels in proportions that reflect the composition of the intended

in-use fuel (currently this would be 85% methanol and 15% gasoline)

until specifications for a fuel representative of in-use fuel can be

determined. EPA plans to apply these provisions for both emissions and

fuel economy testing purposes.

For natural gas, the issue of setting fuel specifications is being

addressed in a separate rulemaking (``Standards for Emissions From

Natural Gas-Fueled, and Liquified Petroleum Gas-Fueled Motor Vehicles

and Motor Vehicle Engines * * *'' NPRM published on November 5, 1992,

57 FR 52912). In the interim, EPA will allow a manufacturer to petition

the Administrator to use a specific composition of natural gas,

provided that the manufacturer can demonstrate that this fuel is

similar in composition to currently available in-use fuel. If standard

grade fuels emerge when methanol, natural gas, ethanol, and other

alternative fuels become commercially available, EPA will consider such

fuels for setting test fuel specifications.

C. Energy Efficiency of Dual-Fueled Automobiles

Summary of the Proposal

EPA proposed a method for determining whether a vehicle meets the

AMFA energy efficiency requirements to be eligible for CAFE credit. The

method proposed by EPA required each fuel economy data vehicle to be

tested under both the city and highway test cycles using the

alternative fuel, the petroleum fuel, and, for alcohol dual-fueled

vehicles, a 50 percent by volume alcohol and 50 percent petroleum

(gasoline or diesel) fuel mixture. The calculation of energy efficiency

that was proposed would require manufacturers to determine, and the

Administrator to approve, the net heating values and densities of the

alternative fuel, petroleum fuel, and 50/50 mixture.

Summary of the Comments

Many manufacturers expressed concern that the proposed testing to

determine energy efficiency of dual-fueled automobiles is excessive and

may be a deterrent to alternative-fueled vehicle development and

production. The manufacturers recommended that the equal or superior

energy efficiency determination could be adequately demonstrated when

the vehicle is first certified. The comparison of the three fuels could

be made one time, for each engine family and could be based on the

highway test only. The regulations should allow EPA to waive the 50/50

mixture testing requirement if demonstrated M85 (or M100) tests

indicate a significant increase in fuel efficiency when compared to

gasoline tests in the same vehicle.

EPA Response to Comments

The AMFA does not specify how the energy efficiency is to be

calculated. However, the intent of the Act is to encourage the use of

alternative fuels and the energy efficiency requirement is a means of

ensuring that dual-fueled automobiles are designed to be equally or

more energy efficient while operating on the alternative fuel. Based on

comments submitted by manufacturers, EPA realizes that the proposal to

require the manufacturer to test each vehicle used for fuel economy

purposes using the three fuels could be unnecessarily burdensome and

costly for the manufacturer as compared to the test requirements for

gasoline-fueled vehicles, which require tests using one test fuel. For

example, if a vehicle, when fueled with an M85 blend, demonstrated

significantly superior energy efficiency performance compared to when

fueled with gasoline, it is likely to have superior energy efficiency

performance when operating on the 50/50 blend as when operating on

gasoline. EPA expects that in the vast majority of vehicles

demonstrating a superior M85 energy efficiency performance, testing

with a 50/50 blend would only serve to confirm expected performance.

The energy efficiency requirements could still be equally served by

lessening the testing requirements on the manufacturer in conjunction

with provisions for EPA to reserve the right to audit test any vehicle

used for fuel economy purposes.

Therefore, this final rule requires that to satisfy the equal or

superior energy efficiency requirements of AMFA for favorable CAFE

treatment eligibility for dual-fueled vehicles, manufacturers must: (1)

Perform city and highway fuel economy tests on all vehicles used for

fuel economy purposes using both gasoline and the alternative fuel,

and, additionally for alcohol dual-fueled vehicles, (2) during initial

certification, either perform city and highway fuel economy tests on

one emission data vehicle (EDV) per engine family using the 50/50

alcohol/gasoline mixture, or provide a statement attesting that equal

or superior energy efficiency is attained while using a 50/50 mixture

compared to using gasoline. The EPA retains the right to audit test any

vehicle used for fuel economy purposes to confirm the manufacturer's

statement. This approach will reduce the test burden on the

manufacturer while preserving the intent of the AMFA to ensure that

vehicles are designed to be equally or more energy efficient while

operating on both the alternative fuel and 50/50 alcohol/gasoline

mixture than when operating on gasoline.

The recommendations regarding the sole use of the highway test

cycle for determining energy efficiency may not ensure that the equal

or superior energy efficiency requirements of the AMFA are met. City

and highway energy efficiencies could differ due to engine calibration

differences and other design differences. This may not assure that the

city energy efficiency requirements for CAFE credit are met as a result

of testing using the highway cycle. To better represent in-use driving

conditions, the energy efficiency determination should be based on both

the city and highway cycles. After experience is gained with the

relationship between highway and city energy efficiency for

alternative-fueled vehicles, this issue can be revisited.

D. Fuel Economy Calculations--Fuel Properties

Summary of the Proposal

The proposed fuel economy equation was based on fixed values for

the fuel properties of carbon weight fraction and density. For

determining energy efficiency, EPA proposed that the manufacturers

would be required to determine the net heating values and densities of

the alternative fuel, petroleum fuel, and a 50 percent alcohol, 50

percent gasoline mixture where appropriate. EPA proposed that upon

reviewing the net heating values and densities submitted by the

manufacturer, the Administrator would determine the net heating values

and densities to be used in the energy efficiency determination.

Summary of the Comments

The MVMA and Ford recommend that actual methanol fuel properties be

used in both the fuel economy calculation and energy efficiency

equations with the option of using standard or ``fixed'' values if the

methanol fuel property data are unavailable. The use of actual fuel

properties for the gasoline calculations and standard fuel properties

for the methanol calculations creates an inconsistency in the energy

efficiency calculations since the proposed energy efficiency comparison

equation is a ratio of these two values.

MVMA suggested two alternative methods to be used for determining

the heating value for methanol fuel blends. The first is to measure the

heating value using ASTM D 240, which uses a bomb calorimeter. The

second method is to calculate the heating value using:

LHV(BTU/lb)=(mass fraction methanol x 8560)+(mass fraction

gasoline x LHV gasoline),

where the LHV gasoline is the heating value of the gasoline portion of

the M85 fuel and is measured using ASTM D 3338.

Ford recommended the following equation to calculate fuel economy

for methanol vehicles using measured values for the carbon weight

fraction and density of the methanol blend:

(CWF x SG x 3777.623)/[(CWFexHC x HC)+(0.429 x CO)+(0.273

x CO2)+(0.375 x CH3OH)+(0.400 x HCHO)]

Ford recommended that the carbon weight fraction (CWF) of the methanol

blend should be determined using ASTM D 3343 and the specific gravity

of the methanol blend should be determined using ASTM D 1298. The

equation proposed in the NPRM should be contained in the regulation

only as an option; with the density of gasoline in the equation revised

from 2796 to 2830.

Regarding the determination of the carbon weight fraction of

exhaust hydrocarbons (CWFexHC) in the denominator of the methanol

fuel economy equation, manufacturers agreed that the effect of this

term on fuel economy is very small and measurement of this value is

difficult to obtain. They agreed that a standard value should be

determined. However, some of the commenters stated that the standard

value of 0.866 is not appropriate and the carbon weight fraction of the

exhaust hydrocarbons of each blend should be specified and based on

test data. One manufacturer agreed that the hydrogen to carbon ratio of

1.85:1 (i.e., CWFexHC=0.866) is adequate for calculating fuel

economy.

EPA Response to Comments

Although fixed fuel properties were proposed for the determination

of fuel economy for methanol-fueled vehicles in the NPRM, EPA requested

comments on the appropriateness of using fixed fuel properties in place

of measured fuel properties. The comments reflect a common desire among

manufacturers to use measured fuel properties for the determination of

fuel economy of methanol-fueled vehicles. Although the use of measured

fuel properties is more burdensome, it is consistent with current

gasoline fuel economy regulations and eliminates problems associated

with energy efficiency comparisons between gasoline operation and

alternative fuel operation. With minor revision, the fuel economy

equation for methanol-fueled vehicles recommended by Ford is an

appropriate equation if measured fuel properties are used. However, the

use of ASTM D 3343 for the measurement of the carbon weight fraction of

the methanol blend is not appropriate. This procedure applies to

hydrocarbon fuels and is not appropriate for oxygenated fuels. Rather,

the carbon weight fraction of the blend can be calculated by the

following:

CWF = (CWFg x mass fraction gasoline)+(CWFm x mass fraction

methanol)

where:

CWFg=carbon weight fraction of gasoline as measured by ASTM D

3343.

CWFm=carbon weight fraction of methanol=0.375

mass fraction gasoline=(G x SGg)/(G x SGg+M x SGm)

mass fraction methanol = (M x SGm)/(G x SGg+M x SGm)

where:

G=volume fraction of gasoline

M=volume fraction of methanol

SGg=specific gravity of gasoline as measured by ASTM D 1298

SGm=specific gravity of methanol fuel as measured by ASTM D

1298

This method requires measurement of the fuel properties of the

individual fuels prior to blending. EPA is currently investigating

acceptable methods for measuring the carbon weight fraction of the

fuels after blending. As these methods are developed and proven

satisfactory, EPA plans to revise the regulations to include such

methods. EPA will allow the use of other procedures for measuring the

carbon weight fraction of the fuel blend if the manufacturer can show

that the procedures are superior to or equally as accurate as those

specified in the final rule. To provide flexibility and reduce the

burden on manufacturers who may blend the fuels at the pump, the

specific gravity of the blend can be optionally determined by measuring

the specific gravity of the individual fuels before blending and

combining those values as follows:

SG=SGg x volume fraction gasoline+SGm x volume fraction

methanol

The correct value of the term in the numerator of the fuel economy

equation which converts the specific gravity from dimensionless units

to grams/gallon should be 3781.8 grams/gallon. This is the product of

multiplying the density of pure water at 60 deg.F of 0.99904 grams/

cubic centimeter (reference ASTM D 4052) by the volume conversion of

3785.412 cubic centimeters/gallon. Therefore, the value suggested by

Ford of 3777.623 is replaced by 3781.8 for the final rule.

The NPRM is unclear as to how the net heating value and the density

of methanol/gasoline mixtures are to be determined. EPA agrees that

test procedures should be specified in the regulations to eliminate

this ambiguity. Therefore, for the final rule, ASTM D 240 is to be used

for the determination of net heating value and ASTM D 1298 for the

determination of density. However, the use of other procedures will be

allowed if the manufacturer can show these procedures to be equal or

superior to the specified procedures.

Regarding the determination of the carbon weight fraction of

exhaust hydrocarbons (CWFexHC), again the effect of this value on

the determination of fuel economy is expected to be negligible. While

the use of different values for different fuel blends would be

technically more accurate than using the value of 0.866 for all blends,

insufficient data is available to determine appropriate values at this

time. In addition, the use of different values would add additional

complexity to fuel economy calculations while having a negligible

effect on fuel economy values. Therefore, the EPA does not believe that

it is appropriate to assign different carbon weight fractions for

exhaust hydrocarbons from various methanol/gasoline blends at this

time. Until the carbon/hydrogen ratios of the exhaust hydrocarbon

constituents can be better assessed, the carbon weight fraction of the

exhaust hydrocarbons will be equal to the carbon weight fraction

measured for the gasoline portion of the blend or, for neat methanol,

equal to 0.866. As experience is gained with measuring the carbon/

hydrogen ratios of exhaust hydrocarbons from vehicles fueled with

methanol/gasoline blends, this issue can be revisited.

E. Fuel Economy Label Format Requirements

Statement of Proposal

The proposed fuel economy labeling requirements for alternative-

fueled automobiles are those currently specified for gasoline-fueled

and diesel-fueled automobiles with modification to satisfy AMFA

requirements. For dedicated alternative-fueled automobiles, the EPA

proposed that the fuel title (e.g. Methanol, Natural Gas) be located

above the fuel pump logo and for dual-fueled automobiles, that the

title ``Dual Fuel'' be positioned above the logo. For dedicated

alternative-fueled automobiles the EPA proposed that the bottom border

of the label contain the statement: ``This vehicle operates on [insert

appropriate fuel(s)] only''. For dual-fueled automobiles, the

statement: ``This dual fuel vehicle operates on ([gasoline or diesel]

or [list alcohols or natural gas])'' was proposed to be located on the

bottom border of the label. EPA proposed that fuel economy labels for

natural gas-fueled automobiles include the statement: ``All fuel

economy values on this label pertain to gasoline equivalent fuel

economy. To convert these values into units of miles per 100 cubic feet

of natural gas, multiply by 0.823.'' For dual-fueled automobiles, EPA

proposed that the statement: ``All fuel economy values on this label

pertain to [gasoline or diesel] fuel usage. [List alcohols or natural

gas] fuel usage will yield different values. See the Gas Mileage Guide

for information on [list alcohols or natural gas] fuel usage.'' The 0.9

and 0.78 multiplicative factors currently used for adjusting the

petroleum-fueled vehicle city and highway measured fuel economy values

to better represent in-use fuel economy were proposed to be applied to

alcohol-fueled, natural gas-fueled, and dual-fueled automobiles.

Summary of Comments

A number of manufacturers expressed concerns regarding the proposed

fuel economy labeling requirements for alternative-fueled vehicles. One

concern common to many manufacturers related to the requirement to have

statements appear on the bottom border of the label. Since

manufacturers use printed forms to generate fuel economy labels, the

number of preprinted types of forms that manufacturers would have to

purchase would increase because of the differences in border wording

for different vehicles. Instead, manufacturers recommended that these

statements be written just above the bottom border, leaving the

preprinted portion of the label unchanged. Manufacturers also

recommended that the size of the fuel pump logo be reduced to

accommodate fuel titles above the pump logo and that ``Gas Mileage

Information'' be replaced by a more generic and appropriate title such

as ``Fuel Mileage Information''.

Manufacturers recommended that EPA establish an optional label

format to include the fuel economy values for dual-fueled vehicles

while operated on the alternative fuel in addition to the fuel economy

values while operated on gasoline as required by the AMFA. They

recommended that these optional fuel economy values could take the

place of the reference to having the customer obtain the information

from the gas mileage guide.

One manufacturer recommended that the proposed label for natural

gas vehicles, which includes a conversion factor of 0.823 to be used by

the consumer to convert mpg to miles per 100 cubic feet of natural gas,

should be changed so that the manufacturer would perform the

calculation for the consumer. The manufacturer would then report the

natural gas fuel economy on the lower right hand side of the label in

units that are used at retail.

Several manufacturers commented that the multiplicative factors for

label values for gasoline vehicles developed by EPA of 0.90 and 0.78

should also be applied to alcohol and natural gas fuel economy label

values. However, these factors may have to be revised as more

experience is gained with the use of alternative-fueled vehicles.

EPA Response to Comments

The EPA believes that the concerns of manufacturers regarding

printing statements on the bottom border of the fuel economy label are

valid. The purpose of the proposed location of the statement on the

bottom border was to ensure that the statement was clearly visible and

caught the eye of the consumer. However, this objective can still be

reached if large print is used and the statement is printed just above

the bottom border of the label. Therefore, for the final rule, EPA is

requiring that this statement be located just above the bottom border

of the label.

EPA agrees with the comments received in regard to the size of the

fuel pump logo be slightly reduced to provide adequate space for the

fuel title to be positioned above the logo. The slight reduction in

logo size will not have any adverse impact on the effectiveness of the

label in informing the consumer of the vehicle's fuel economy. In

addition, the fuel pump logo statement ``Gas Mileage Information'' is

not appropriate for vehicles powered by alternative fuels. However, in

clarifying the comments received on this issue, the commenters who

recommended the use of ``Fuel Mileage'' in place of Gas Mileage agreed

with EPA that an even more appropriate term would be ``Fuel Economy''.

Therefore, for the final rule, all label occurrences of the term ``Gas

Mileage'' are replaced by ``Fuel Economy''.

The AMFA clearly mandates that the label for dual-fueled vehicles

contain the fuel economy values when operated on gasoline or diesel

fuel, and that additional information be contained in the Gas Mileage

Guide regarding operation on the alternative fuel. The information

required to be published in the Gas Mileage Guide includes: the energy

efficiency and cost of operation of such automobiles when operated on

gasoline or diesel fuels as compared to operation of alcohol or natural

gas; the driving range of such automobiles when operated on gasoline or

diesel fuel as compared to such automobiles when operated on alcohol or

natural gas; information regarding the miles per gallon achieved by

dual-fueled automobiles when operated on alcohol; and an explanation of

how the information may be expected to change when the automobile is

operated on mixtures of alcohol and gasoline or diesel fuel (15 U.S.C.

2006(b)(3)). This information will most likely be of interest to a

consumer who is deciding whether or not to purchase a dual-fueled

vehicle. Congress recognized that it would be impractical to

incorporate all of this information on the fuel economy label and

required that, at a minimum, the label contain gasoline fuel economy

information while alternative fuel information is contained in the Gas

Mileage Guide. However, the AMFA does not specifically prohibit other

label formats.

To avoid consumer confusion and frustration with dual-fueled

vehicle labeling, EPA agrees with commenters that it would be

beneficial to include fuel economy values while operating on the

alternative fuel in addition to those while operating on gasoline on

the same label. This could help avoid problems which would occur when a

model is offered for sale before the Gas Mileage Guide is available for

a particular model year. However, it would not be practical to design

an optional label that would contain all the information that the AMFA

requires to be contained in the Gas Mileage Guide. Therefore, EPA is

providing an optional label format for dual-fueled vehicles that

contains limited information on the fuel economy while operated on the

alternative fuel. Also, this optional label will contain a statement

that refers to the availability of additional information in the Gas

Mileage Guide.

The AMFA mandates that the fuel economy label values for dedicated

natural gas-fueled vehicles are the values used for CAFE purposes

multiplied by 0.15. This requires that the fuel economy value units are

in terms of miles per equivalent gallon of gasoline for natural gas-

fueled automobiles. The most appropriate units in terms of consumer

usefulness are dependent on how the fuel will be sold at retail (e.g.,

per volume, per weight, per equivalent gallon gasoline). Since the

vehicle fuel market for natural gas is not yet established, the most

appropriate label units are not known at this time. Therefore, the

statement: ``To convert these values into units of miles per 100 cubic

feet of natural gas, multiply by 0.823.'' will only be required if

natural gas as a motor vehicle fuel is sold on a volume (cubic feet)

basis. As an option, the manufacturer can perform the calculation for

the consumer and display the values on the label in the following

format: ``The fuel economy in units of miles per [insert units used in

retail] is estimated to be [insert city fuel economy value] in the

city, and [insert highway fuel economy value] on the highway.'' This

format can also be used if natural gas is sold in terms of units other

than gallon equivalent of gasoline or cubic feet. Also, for the

optional label format for natural gas dual-fueled vehicles, the fuel

economy units while operating on natural gas will be based on units

used at retail.

The EPA agrees with manufacturers' comments regarding the necessity

to reevaluate the multiplicative city and highway fuel economy

adjustment factors for label values to better represent in-use fuel

economy when more experience and data are available for alternative-

fueled vehicles.

F. Gas Guzzler Tax Applicability to Alternative-Fueled Vehicles

Statement of Proposal

The Alternative Motor Fuels Act did not address the applicability

of the so-called ``gas guzzler tax'' to dedicated or dual alternative-

fueled vehicles. The Energy Tax Act of 1978, 26 U.S.C. 4064, authorizes

the Secretary of the Treasury (after consultation with the Secretary of

Transportation) to include in the gas guzzler tax program automobiles

fueled with any product of petroleum or natural gas if such inclusion

is consistent with the need of the nation to conserve energy. While

alternative fuels thus could be included in the gas guzzler tax

program, the Secretary of Treasury has not included such fuels by

regulation under this section to date, and dedicated alternative-fueled

automobiles thus do not appear to be currently subject to the gas

guzzler tax. However, since dual-fueled automobiles can operate on

gasoline, the applicability of the gas guzzler tax under current law is

less clear. The EPA solicited comments regarding whether alternative-

fueled automobiles or dual-fueled automobiles should be included in the

gas guzzler tax program, but did not make any proposals in the NPRM.

These comments were submitted to the Internal Revenue Service for their

consideration.

Summary of Comments

Several automobile manufacturers provided comments recommending

that dedicated and dual alternative-fueled vehicles not be included in

the gas guzzler tax program. These manufacturers stated that the

purpose of the AMFA is to facilitate widespread use of alternative

fuels through incentives and that subjecting these vehicles to the gas

guzzler tax program would contravene the goals of the AMFA. The Senate

bill originally included a section intended to ``clarify that the lower

energy content of the alternative fuels covered by this bill do not

trigger the so-called 'gas-guzzler' tax provisions of current law.''

However, this section was deleted since taxes are revenue related

matters that most appropriately should originate in the House of

Representatives. Senator Rockefeller stated in the Congressional

Record-Senate of April 15, 1988, page S. 4101: ``in deleting section 8

from S.1518 that we believe the interpretation of the law should remain

exactly as it was with section 8 in the bill.''

ARCO recommended that any motor fuel tax be applied equally to all

motor fuels including alternative fuels to preserve the energy

conservation intent of the Energy Tax Act of 1978. ARCO suggested that

dual-fueled vehicles be subject to the gas guzzler tax based on the

fuel economy when operated on gasoline. This will appropriately tax

vehicles that are designed to run on the alternative fuel but will most

likely operate inefficiently on gasoline. The generation of CAFE

credits provided by the AMFA would likely result in the production of

gas-guzzling vehicles. ARCO provided an example that showed that a M85

dual-fueled vehicle which has an mpg rating of 20 while operating on

gasoline and 16 while operating on M85 would have a calculated fuel

economy under the CAFE credit provisions of the AMFA of 34 mpg. They

state for this example, at 34 mpg, that the dual-fueled vehicle would

not be taxed as a gas guzzler. However, at 20 mpg gasoline fuel

economy, ARCO feels that the tax would be justifiable and consistent

with the intent of the Energy Tax Act to conserve energy.

NESEA stated that because of the positive attributes of

alternative-fueled vehicles and the urgency of switching away from oil-

fueled cars, alternative-fueled and dual-fueled vehicles should be

included in the gas guzzler tax program as this is an excellent first

step in acknowledging the real costs of running gasoline powered

vehicles.

EPA Position

The EPA does not have the authority to decide which vehicles and

fuels are subject to the gas guzzler tax program. This authority lies

with the Department of Treasury. The IRS agreed that EPA's decision to

label dual-fueled automobiles for gas guzzler tax purposes based on the

fuel economy while operating on gasoline is in accordance with the law.

Therefore, EPA will label dual-fueled vehicles using the current

regulations for gasoline-fueled vehicles contained in 40 CFR part 600,

Sec. 600.513.

V. Technical Amendments

To save the time and printing costs involved in publishing them

under a separate notice, the following technical amendments to the 40

CFR parts 86 and 600 are included in this final rule. Technical

amendments described under items A and B below were proposed in the

NPRM. EPA received no comments on these amendments and therefore will

be included in the final rule as proposed. Technical amendments

described under items C, D, and E, were not included in the NPRM. By

issuing these technical amendments directly as a final rule, EPA is

foregoing the issuance of an NPRM and the opportunity for public

comment on the proposal provided by the NPRM rulemaking process. Such a

curtailed procedure is permitted by 5 U.S.C. 553(b) and section 307(d)

of the Clean Air Act when issuance of a proposal and public comments

would be impracticable, unnecessary, or contrary to the public

interest. The Agency is publishing this action without prior proposal

because these are non-controversial corrections that rectify minor

errors and omissions in the Part 600 regulations in a manner that does

not substantively change the requirements of the final rule. The Agency

finds that this constitutes good cause under 5 U.S.C. 553(b) for a

determination that the issuance of an NPRM is unnecessary.

A. A formaldehyde concentration term is being added to the dilution

factor equation located in 40 CFR 86.144-90(c)(7)(ii) and 86.144-

94(c)(7)(ii). Although the magnitude of the formaldehyde concentration

is very low, it is possible that an assumption of zero concentration

could lead to a slight change in calculated fuel economy. There is no

reason why the formaldehyde concentration term should be left out of

the equation. With this amendment, all measured carbon-containing

compounds will be included in the dilution factor equation.

B. The symbol ``x'' is struck from the dilution factor equation on

40 CFR 86.144-90(c)(7)(ii) and 86.144-94(c)(7)(ii) the first time it

appears in the equation. The first time ``x'' appears in the equation,

it is used to represent multiplication. All other occurrences of ``x''

in the equation represent the measured fuel composition parameter:

CxHyOz. By dropping the first occurrence of ``x'', only

the latter meaning is retained. The multiplication function can be

assumed by virtue of a number adjacent to a variable enclosed in

parenthesis.

C. Part 600.513-91 (b)(2)(xii) currently reads ``(xii) At least

12.5 mpg, the gas guzzler tax statement shall show a tax of $7,700''.

This has been mis-typed; ``At least'' should read ``Less than''.

Therefore, the statement is amended to read: ``Less than 12.5 mpg, the

gas guzzler tax statement shall show a tax of $7,700''.

D. To clarify the definition of the ``c'' factor in 40 CFR

600.513(a)(2) the current language which reads: ``c=1.300 x 10-3

for the 1986 and later model years'' is amended to read: ``c=gas

guzzler adjustment factor = 1.300 x 10-3 for the 1986 and later

model years''.

E. To correct the references for calculating the ``FE'' and

``ag'' terms in CFR 40 600.513-91(a)(2) each occurrence of the

phrase ``in accordance with paragraph (a)(2) of the section'' is

replaced by the phrase: ``in accordance with Sec. 600.207''.

F. In its Control of Air Pollution From New Motor Vehicles and New

Motor Vehicle Engines: Gaseous and Particulate Emission Regulations for

1994 and Later Model Year Light-Duty Vehicles and Light-Duty Trucks;

Final Rule (also known as Tier 1), 56 FR 25724 (June 5, 1991), EPA

adopted the term ``heavy light duty truck'' (HLDT) for light duty

trucks with a gross vehicle weight rating (GVWR) greater than 6000 lbs.

Pursuant to the definition of test weight in section 216(8) of the

Clean Air Act, as amended in 1990, the Tier I rule also adopted the

term ``adjusted loaded vehicle weight'' (ALVW) (the average of curb

weight and GVWR) and required that ALVW be used for emission testing of

HLDTs for one-half the fleet in model year 1996 and the entire fleet

beginning in model year 1997. Prior to this time, emissions test

weights were determined based on loaded vehicle weight (LVW), which is

curb weight plus 300 lbs., and this weight was also used for fuel

economy testing conducted at the same time. ALVW is higher than LVW.

Testing at a higher weight would negatively impact fuel economy values.

Increasing the test weight would therefore have the practical effect of

increasing the stringency of the fuel economy standard, which might be

addressed by adjusting the standard. Under the Motor Vehicle

Information and Cost Savings Act (MVICSA), 15 U.S.C. 2003(d)(1), fuel

economy is to be measured in accordance with testing procedures

established by the EPA Administrator by rule. Also under that

provision, fuel economy tests are, to the extent practicable, to be

conducted in conjunction with emissions tests under the Clean Air Act.

The National Highway Traffic and Safety Administration (NHTSA) is

responsible for setting the fuel economy standards. 15 U.S.C. 2002(b).

In its Light Truck Average Fuel Economy Standards for Model Year

1995; Proposed Rule, 57 FR 61377 (December 24, 1992), NHTSA requested

comments on the issue of test weight for light trucks over 6000 lbs.

GVWR in the context of setting the MY 1995-97 light truck fuel economy

standards. GM, Ford, Chrysler, American Automobile Manufacturers

Association and Rover Group all supported the continuation of fuel

economy testing at LVW. In its Light Truck Average Fuel Economy

Standards for Model Year 1995; Final Rule, 58 FR 18019 (April 7, 1993),

NHTSA quoted extensively from a January 7, 1993 letter from EPA to

industry trade associations explaining that EPA would consider comments

during the NHTSA rulemaking regarding the proper test weight for fuel

economy testing when developing EPA guidance or rulemaking on this

subject. The EPA letter was further quoted as stating that EPA plans to

defer to NHTSA's policy decisions on issues such as the competitiveness

effects of the alternatives and would follow NHTSA's resolution of the

CAFE issue with conforming amendments to its regulations or policy.

NHTSA then concluded in that notice that the preferable solution

would be to retain LVW as the test weight for fuel economy purposes.

This conclusion was based, in part, on comments expressing the concern

that changing the test weight for only a portion of the light truck

fleet would cause consumer confusion and affect the competitiveness of

manufacturers with a higher proportion of sales of the heavier light

trucks. NHTSA finally quoted from a March 4, 1993 letter from EPA to

NHTSA that if NHTSA decided against adjusting the CAFE standard to

reflect a higher test weight, EPA would undertake ``the regulatory and

guidance revisions needed to allow dual testing.''

Accordingly, EPA is today promulgating a technical amendment to

provide that while ALVW is required for emission testing of HLDTs, it

is not required for fuel economy testing of such vehicles.

Manufacturers may, instead, continue to use LVW as the test weight for

fuel economy testing. Vehicle manufacturers, however, have had and

continue to have the option of performing simultaneous emissions and

fuel economy testing using heavier test weights (ALVW in this case).

Therefore, for HLDTs, separate testing using ALVW for emissions and LVW

for fuel economy, or combined emissions and fuel economy testing using

ALVW is acceptable. However, fuel economy adjustments will not be made

to account for potentially lower fuel economy values due to the use of

the heavier test weight (ALVW). This technical amendment changes 40 CFR

600.006-89 (b)(1) (i) and (h) and footnote 4 to the table found at 40

CFR 86.129-94(a) to specify the test weight basis for heavy light duty

trucks.

The Agency also reiterates that despite the change in the HLDT

emission test weight basis, vehicle manufacturers must still assure

that fuel economy data vehicles comply with the applicable exhaust

emission standards. The Administrator reserves the right to require the

manufacturer to either test using ALVW or submit the vehicle for

testing by the Administrator for emission standards compliance using

ALVW for HLDTs.

This action is being taken without prior proposal because EPA

believes that this technical amendment is noncontroversial and has been

subject to notice and comment through NHTSA's rulemaking and EPA's

January 7, 1993 letter referring interested parties to the NHTSA

proposed rule and advising that EPA would consider comments from that

rulemaking. For these reasons, EPA believes that a prior EPA proposal

is unnecessary under the Administrative Procedure Act, 5 U.S.C.

553(b)(3)(B).

Nevertheless, the public is advised that this action will be

effective October 3, 1994, unless notice is received by September 2,

1994, that someone wished to submit adverse or critical comments. If

such notice is received, this action will be withdrawn and two

subsequent documents will be published. One document, which will be

published before the effective date, will withdraw the final action.

Another document will begin a new rulemaking by announcing a proposal

of the action and establishing a comment period. Interested persons are

invited to submit comments on this proposed approval. EPA will consider

all comments received by September 2, 1994. Consequently, this

procedure still allows the opportunity for public comment under the

Administrative Procedure Act, but provides an expedited procedure for

final action where a rulemaking is not expected to be controversial,

public comment has already been received by another federal agency, and

no adverse comment is expected.

VI. Administrative Requirements

A. Administrative Designation

Executive Order 12866

Under Executive Order 12866, (58 FR 51735 (October 1, 1993)) the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to OMB review and the requirements of the

Executive Order. The Order defines ``significant regulatory action'' as

one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

This regulation was submitted to the Office of Management and

Budget (OMB) for review under the old Executive Order 12291. It has

been determined that this rule is not a ``significant regulatory

action'' under the terms of Executive Order 12866. OMB reviewed this

document under Executive Order 12866 and had no comment.

B. Reporting & Recordkeeping Requirement

The information collection requirements in this rule have been

submitted for approval to the Office of Management and Budget (OMB)

under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An

Information Collection Request document has been prepared by EPA (ICR

NO. 783.29) and a copy may be obtained from Sandy Farmer, Information

Policy Branch; EPA, 401 M Street, SW., 2740. These requirements are not

effective until OMB approves them and a technical amendment to that

effect is published in the Federal Register.

This collection of information has an estimated reporting burden

averaging 14,600 hours per response and an estimated annual

recordkeeping burden averaging 1,250 hours per respondent. These

estimates include time for reviewing instructions, searching existing

data sources, gathering and maintaining the date needed, and completing

and reviewing the collection of information. The regulations do not

impose any new significant reporting or recordkeeping burden. They

provide for the inclusion of alternative-fueled automobiles in the

current fuel economy programs. The reporting and recordkeeping burdens

associated with fuel economy of alternative-fueled and current

automobiles are identical with the exception of minor changes in fuel

economy label wording for alternative-fueled automobiles. In addition,

it is difficult to accurately separate the total burden of the fuel

economy program, because much of the testing and data input for

determining fuel economy is coincident to that of the emissions

program. In summary, the current impact of the final regulations'

testing, recordkeeping and reporting burden is negligible.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden to Chief, Information Policy Branch (PM-2136); U.S.

Environmental Protection Agency; 401 M Street, SW., Washington, DC

20460; and to the Office of Information and Regulatory Affairs, Office

of Management and Budget, Washington, DC 20503, marked ``Attention:

Desk Officer for EPA.''

C. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 requires federal agencies to

identify potentially adverse impacts of federal regulations upon small

entities. In instances where significant impacts are possible on a

substantial number of these entities, agencies are required to perform

a Regulatory Flexibility Analysis (RFA).

Pursuant to section 605(b) of the Regulatory Flexibility Act, 5

U.S.C. 605(b), the Administrator certifies that this rule will not have

a significant economic impact on a substantial number of small

entities. The fuel economy regulation revisions herein provide

Corporate Average Fuel Economy (CAFE) credits to manufacturers of

alternative-fueled vehicles who are subject to the CAFE program, most

of which are large automobile manufacturers and therefore will not have

a significant impact on a substantial number of small entities.

List of Subjects

40 CFR Part 86

Environmental protection, Administrative practice and procedure,

Confidential business information, Labeling, Motor vehicle pollution,

Reporting and recordkeeping requirements.

40 CFR Part 600

Administrative practice and procedure, Electric power, Energy

conservation, Fuel economy, Gasoline, Incorporation by reference,

Labeling, Reporting and recordkeeping requirements.

Authority: 15 U.S.C. 2001, 2002, 2003, 2005, 2006, 2013; 42

U.S.C. 7521, 7522, 7524, 7525, 7541, 7542, 7549, 7550, 7552, and

7601(a).

Dated: April 13, 1994.

Carol M. Browner,

Administrator.

Appendix to Preamble

Table of Changes Made to Various Subparts

------------------------------------------------------------------------

Section Change Reason

------------------------------------------------------------------------

1. Part 86, None....................

Authority.

2. Sec. 86.129-94\4\ Addition of text to Technical amendments.

clarify test weight

basis for heavy light-

duty trucks.

3. Sec. 86.144- Addition of formaldehyde Technical amendments.

90,(c)(7)(ii). concentration term to

DF equation and

clarification of ``x''

term.

4. Sec. 86.144-94, Addition of formaldehyde Technical amendments.

(c)(7)(ii). concentration term to

DF equation and

clarification of ``x''

term.

5. Part 600, Addition of citations... Incorporate all

Authority. authority citations.

6. Sec. 600.001-93.. Addition of section Do.

600.001-93.

7. Sec. 600.002-93.. Addition of section Do.

600.002-93.

8. Sec. 600.004-77.. Addition of text to Clarification.

clarify section

reference structure.

9. Sec. 600.006-89, Addition of text to Technical amendments.

(b)(1) (i), (h). clarify test weight

basis for heavy light -

duty trucks.

10. Sec. 600.007-80, Add words ``and for Add language to clarify

(f). which emission requirements for

standards apply''. vehicle acceptability.

11. Sec. 600.011-93. Addition of section Do.

600.011-93.

12. Sec. 600.101-93. Addition of section Do.

600.101-93.

13. Sec. 600.107-93. Addition of section Do.

600.107-93.

14. Sec. 600.111-93. Addition of section Do.

600.111-93.

15. Sec. 600.113-93. Addition of section Add fuel economy

600.113-93. equation for methanol-

fueled and methanol

dual fuel vehicles.

16. Sec. 600.201-93. Addition of section Incorporation of alcohol

600.201-93. fueled, natural gas

fueled, alcohol dual

fuel, and natural gas

dual fuel vehicles into

the regulations.

17. Sec. 600.206-93. Addition of section Do.

600.206-93.

18. Sec. 600.207-93. Addition of section Do.

600.207-93.

19. Sec. 600.209-95. Addition of section Do.

600.209-93.

20. Sec. 600.301-95. Addition of section Do.

600.301-94.

21. Sec. 600.307-95. Addition of section Do.

600.307-94.

22. Sec. 600.501-93. Addition of section Do.

600.501-93.

23. Sec. 600.510-93. Addition of section Do.

600.510-93.

24. Sec. 600.513-91, Add text regarding dual Incorporate dual fuel

(a), (a)(2), fuel vehicles, clarify vehicles and Technical

(b)(2)(xii). FE, ag, and c terms, amendments.

correct tax

applicability TR03AU94.000

* * * * *

4. Section 86.144-94 is amended by revising the dilution factor

equation in paragraph (c)(7)(ii) to read as follows:

Sec. 86.144-94 Calculations; exhaust emissions.

* * * * *

(c) * * *

(7) * * *

(ii)

TR03AU94.001

* * * * *

PART 600--FUEL ECONOMY OF MOTOR VEHICLES

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

follows:

Authority: 15 U.S.C. 2001, 2002, 2003, 2005, 2006, and 2013.

Subpart A--[Amended]

6. A new Sec. 600.001-93 is added to subpart A to read as follows:

Sec. 600.001-93 General applicability.

(a) The provisions of this subpart are applicable to 1993 and later

model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-

fueled, alcohol dual fuel, and natural gas dual fuel automobiles.

(b) (1) Manufacturers that produce only electric vehicles are

exempt from the requirement of this subpart, except with regard to the

requirements in those sections pertaining specifically to electric

vehicles.

(2) Manufacturers with worldwide production (excluding electric

vehicle production) of less than 10,000 gasoline-fueled and/or diesel

powered passenger automobiles and light trucks may optionally comply

with the electric vehicle requirements in this subpart.

7. A new Sec. 600.002-93 is added to subpart A to read as follows:

Sec. 600.002-93 Definitions.

(a) As used in this subpart, all terms not defined in this section

shall have the meaning given them in the Act:

(1) Act means Part I of Title V of the Motor Vehicle Information

and Cost Savings Act (15 U.S.C. 1901 et seq.).

(2) Administrator means the Administrator of the Environmental

Protection Agency or his authorized representative.

(3) Secretary means the Secretary of Transportation or his

authorized representative.

(4) Automobile means:

(i) Any four-wheel vehicle propelled by a combustion engine using

onboard fuel, or by an electric motor drawing current from rechargeable

storage batteries or other portable energy storage devices

(rechargeable using energy from a source off the vehicle such as

residential electric service);

(ii) Which is manufactured primarily for use on public streets,

roads, or highways (except any vehicle operated on a rail or rails);

(iii) Which is rated at not more than 8,500 pounds gross vehicle

weight, which has a curb weight of not more than 6,000 pounds, and

which has a basic vehicle frontal area of not more than 45 square feet;

or

(iv) Is a type of vehicle which the Secretary determines is

substantially used for the same purposes.

(5) Passenger automobile means any automobile which the Secretary

determines is manufactured primarily for use in the transportation of

no more than 10 individuals.

(6) Model year means the manufacturer's annual production period

(as determined by the Administrator) which includes January 1 of such

calendar year. If a manufacturer has no annual production period, the

term ``model year'' means the calendar year.

(7) Federal emission test procedure refers to the dynamometer

driving schedule, dynamometer procedure, and sampling and analytical

procedures described in Part 86 for the respective model year, which

are used to derive city fuel economy data.

(8) Federal highway fuel economy test procedure refers to the

dynamometer driving schedule, dynamometer procedure, and sampling and

analytical procedures described in Subpart B of this part and which are

used to derive highway fuel economy data.

(9) Fuel means:

(i) Gasoline and diesel fuel for gasoline- or diesel-powered

automobiles; or

(ii) Electrical energy for electrically powered automobiles; or

(iii) Alcohol for alcohol-powered automobiles; or

(iv) Natural gas for natural gas-powered automobiles.

(10) Fuel economy means:

(i) The average number of miles traveled by an automobile or group

of automobiles per volume of fuel consumed as computed in Sec. 600.113

or Sec. 600.207; or

(ii) The equivalent petroleum-based fuel economy for an

electrically powered automobile as determined by the Secretary of

Energy.

(11) City fuel economy means the fuel economy determined by

operating a vehicle (or vehicles) over the driving schedule in the

Federal emission test procedure.

(12) Highway fuel economy means the fuel economy determined by

operating a vehicle (or vehicles) over the driving schedule in the

Federal highway fuel economy test procedure.

(13) Combined fuel economy means:

(i) The fuel economy value determined for a vehicle (or vehicles)

by harmonically averaging the city and highway fuel economy values,

weighted 0.55 and 0.45 respectively.

(ii) For electric vehicles, the term means the equivalent

petroleum-based fuel economy value as determined by the calculation

procedure promulgated by the Secretary of Energy.

(14) Average fuel economy means the unique fuel economy value as

computed under Sec. 600.510 for a specific class of automobiles

produced by a manufacturer that is subject to average fuel economy

standards.

(15) Certification vehicle means a vehicle which is selected under

Sec. 86.084-24(b)(1) of this chapter and used to determine compliance

under Sec. 86.084-30 of this chapter for issuance of an original

certificate of conformity.

(16) Fuel economy data vehicle means a vehicle used for the purpose

of determining fuel economy which is not a certification vehicle.

(17) Label means a sticker that contains fuel economy information

and is affixed to new automobiles in accordance with subpart D of this

part.

(18) Dealer means a person who resides or is located in the United

States, any territory of the United States, or the District of Columbia

and who is engaged in the sale or distribution of new automobiles to

the ultimate purchaser.

(19) Model type means a unique combination of car line, basic

engine, and transmission class.

(20) Car line means a name denoting a group of vehicles within a

make or car division which has a degree of commonality in construction

(e.g., body, chassis). Car line does not consider any level of decor or

opulence and is not generally distinguished by characteristics as roof

line, number of doors, seats, or windows, except for station wagons or

light-duty trucks. Station wagons and light-duty trucks are considered

to be different car lines than passenger cars.

(21) Basic engine means a unique combination of manufacturer,

engine displacement, number of cylinders, fuel system (as distinguished

by number of carburetor barrels or use of fuel injection), catalyst

usage, and other engine and emission control system characteristics

specified by the Administrator. For electric vehicles, basic engine

means a unique combination of manufacturer and electric traction motor,

motor controller, battery configuration, electrical charging system,

energy storage device, and other components as specified by the

Administrator.

(22) Transmission class means a group of transmissions having the

following common features: Basic transmission type (manual, automatic,

or semi-automatic); number of forward gears used in fuel economy

testing (e.g., manual four-speed, three-speed automatic, two-speed

semi-automatic); drive system (e.g., front wheel drive, rear wheel

drive; four wheel drive), type of overdrive, if applicable (e.g., final

gear ratio less than 1.00, separate overdrive unit); torque converter

type, if applicable (e.g., non-lockup, lockup, variable ratio); and

other transmission characteristics that may be determined to be

significant by the Administrator.

(23) Base level means a unique combination of basic engine, inertia

weight class and transmission class.

(24) Vehicle configuration means a unique combination of basic

engine, engine code, inertia weight class, transmission configuration,

and axle ratio within a base level.

(25) Engine code means a unique combination, within an engine-

system combination (as defined in Part 86 of this chapter), of

displacement, carburetor (or fuel injection) calibration, distributor

calibration, choke calibration, auxiliary emission control devices, and

other engine and emission control system components specified by the

Administrator. For electric vehicles, engine code means a unique

combination of manufacturer, electric traction motor, motor

configuration, motor controller, and energy storage device.

(26) Inertia weight class means the class, which is a group of test

weights, into which a vehicle is grouped based on its loaded vehicle

weight in accordance with the provisions of part 86 of this chapter.

(27) Transmission configuration means the Administrator may further

subdivide within a transmission class if the Administrator determines

that sufficient fuel economy differences exist. Features such as gear

ratios, torque converter multiplication ratio, stall speed, shift

calibration, or shift speed may be used to further distinguish

characteristics within a transmission class.

(28) Axle ratio means the number of times the input shaft to the

differential (or equivalent) turns for each turn of the drive wheels.

(29) Auxiliary emission control device (AECD) means an element of

design as defined in part 86 of this chapter.

(30) Rounded means a number shortened to the specific number of

decimal places in accordance with the ``Round Off Method'' specified in

ASTM E 29 (Incorporated by reference as specified in Sec. 600.011-93).

(31) Calibration means the set of specifications, including

tolerances, unique to a particular design, version of application of a

component, or component assembly capable of functionally describing its

operation over its working range.

(32) Production volume means, for a domestic manufacturer, the

number of vehicle units domestically produced in a particular model

year but not exported, and for a foreign manufacturer, means the number

of vehicle units of a particular model imported into the United States.

(33) Body style means a level of commonality in vehicle

construction as defined by number of doors and roof treatment (e.g.,

sedan, convertible, fastback, hatchback) and number of seats (i.e.,

front, second, or third seat) requiring seat belts pursuant to National

Highway Traffic Safety Administration safety regulations in 49 CFR part

571. Station wagons and light trucks are identified as car lines.

(34) Hatchback means a passenger automobile where the conventional

luggage compartment, i.e., trunk, is replaced by a cargo area which is

open to the passenger compartment and accessed vertically by a rear

door which encompasses the rear window.

(35) Pickup truck means a nonpassenger automobile which has a

passenger compartment and an open cargo bed.

(36) Station wagon means a passenger automobile with an extended

roof line to increase cargo or passenger capacity, cargo compartment

open to the passenger compartment, a tailgate, and one or more rear

seats readily removed or folded to facilitate cargo carrying.

(37) Gross vehicle weight rating means the manufacturer's gross

weight rating for the individual vehicle.

(38) Ultimate consumer means the first person who purchases an

automobile for purposes other than resale or leases an automobile.

(39) Van means any light truck having an integral enclosure fully

enclosing the driver compartment and load carrying device, and having

no body sections protruding more than 30 inches ahead of the leading

edge of the windshield.

(40) Base vehicle means the lowest priced version of each body

style that makes up a car line.

(41) Nonpassenger automobile means an automobile that is not a

passenger automobile, as defined by the Secretary of Transportation at

49 CFR 523.5.

(42) Four-wheel-drive general utility vehicle means a four-wheel-

drive, general purpose automobile capable of off-highway operation that

has a wheelbase not more than 110 inches and that has a body shape

similar to a 1977 Jeep CJ-5 or CJ-7, or the 1977 Toyota Land Cruiser,

as defined by the Secretary of Transportation at 49 CFR 553.4.

(43) Test weight means the weight within an inertia weight class

which is used in the dynamometer testing of a vehicle, and which is

based on its loaded vehicle weight in accordance with the provisions of

part 86 of this chapter.

(44) Secretary of Energy means the Secretary of Energy or his

authorized representative.

(45) Electric traction motor means an electrically powered motor

which provides tractive energy to the wheels of a vehicle.

(46) Energy storage device means a rechargeable means of storing

tractive energy on board a vehicle such as storage batteries or a

flywheel.

(47) Motor controller means an electronic or electro-mechanical

device to convert energy stored in an energy storage device into a form

suitable to power the traction motor.

(48) Electrical charging system means a device to convert 60Hz

alternating electric current, as commonly available in residential

electric service in the United States, to a proper form for recharging

the energy storage device.

(49) Battery configuration means the electrochemical type, voltage,

capacity (in Watt-hours at the c/3 rate), and physical characteristics

of the battery used as the tractive energy device.

(50) Drive system is determined by the number and location of drive

axles (e.g., front wheel drive, rear wheel drive, four wheel drive) and

any other feature of the drive system if the Administrator determines

that such other features may result in a fuel economy difference.

(51) Subconfiguration means a unique combination within a vehicle

configuration of equivalent test weight, road-load horsepower, and any

other operational characteristics or parameters which the Administrator

determines may significantly affect fuel economy within a vehicle

configuration.

(52) Alcohol means a mixture containing 85 percent or more by

volume methanol, ethanol, or other alcohols, in any combination.

(53) Alcohol-fueled automobile means an automobile designed to

operate exclusively on alcohol.

(54) Alcohol dual fuel automobile means an automobile:

(i) Which is designed to operate on alcohol and on gasoline or

diesel fuel;

(ii) Which provides equal or greater energy efficiency as

calculated in accordance with Sec. 600.510(g)(1) while operating on

alcohol as it does while operating on gasoline or diesel fuel;

(iii) Which, for model years 1993 through 1995, provides equal or

superior energy efficiency, as determined in Sec. 600.510(g)(2) while

operating on a mixture of alcohol and gasoline or diesel fuel

containing 50 percent gasoline or diesel fuel as it does while

operating on gasoline or diesel fuel; and

(iv) Which, in the case of passenger automobiles, meets or exceeds

the minimum driving range established by the Department of

Transportation in 49 CFR 538.

(55) ``Natural gas-fueled automobile'' means an automobile designed

to operate exclusively on natural gas.

(56) ``Natural gas dual fuel automobile'' means an automobile:

(i) Which is designed to operate on natural gas and on gasoline or

diesel fuel;

(ii) Which provides equal or greater energy efficiency as

calculated in Sec. 600.510(g)(1) while operating on natural gas as it

does while operating on gasoline or diesel fuel; and

(iii) Which, in the case of passenger automobiles, meets or exceeds

the minimum driving range established by the Department of

Transportation in 49 CFR part 538.

(b) [Reserved]

8. Section 600.004-77 of subpart A is revised to read as follows:

Sec. 600.004-77 Section numbering, construction.

(a) The model year of initial applicability is indicated by the

section number. The two digits following the hyphen designate the first

model year for which a section is effective. A section is effective

until superseded.

Example: Section 600.111-78 applies to the 1978 and subsequent

model years until superseded. If a Sec. 600.111-81 is promulgated,

it would take effect beginning with the 1981 model year;

Sec. 600.111-78 would apply to model years 1978 through 1980.

(b) A section reference without a model year suffix refers to the

section applicable for the appropriate model year.

9. Section 600.006-89 of subpart A is amended by revising paragraph

(b)(1)(i) and adding paragraph (h) to read as follows:

Sec. 600.006-89 Data and information requirements for fuel economy

vehicles.

* * * * *

(b)(1) * * *

(i) A description of the vehicle, exhaust emission test results,

applicable deterioration factors, adjusted exhaust emission levels, and

test fuel property values as specified in Sec. 600.113-93 except as

specified in paragraph (h) of this section.

* * * * *

(h) For light-duty fuel economy trucks over 6000 lbs GVWR, the

manufacturer must submit emissions data generated while using the

following test weight basis:

(1) Adjusted Loaded Vehicle Weight (ALVW) as defined in

Sec. 86.094-2 of this chapter; or

(2) Loaded Vehicle Weight (LVW) as defined in Sec. 86.082-2 of this

chapter, in which case the Administrator reserves the right to either

require the manufacturer to test using ALVW and submit the data or

submit the vehicle for testing by the Administrator for emission

standards compliance.

10. Section 600.007-80 of subpart A is amended by revising

paragraph (f) introductory text to read as follows:

Sec. 600.007-80 Vehicle acceptability.

* * * * *

(f) All vehicles used to generate fuel economy data, and for which

emission standards apply, must be covered by a certificate of

conformity under part 86 of this chapter before:

* * * * *

11. Section 600.011-93 is added to subpart A to read as follows:

Sec. 600.011-93 Reference materials.

(a) Incorporation by reference. The documents in paragraph (b) of

this section have been incorporated by reference. The incorporation by

reference was approved by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be

inspected at USEPA, OAR, 401 M Street, SW., Washington DC 20460, or at

the Office of the Federal Register, 800 N. Capitol Street, NW., suite

700, Washington, DC.

(b) The following paragraphs and tables set forth the material that

has been incorporated by reference in this part.

(1) ASTM material. The following table sets forth material from the

American Society for Testing and Materials which has been incorporated

by reference. The first column lists the number and name of the

material. The second column lists the section(s) of this part, other

than Sec. 600.011, in which the matter is referenced. Copies of these

materials may be obtained from American Society for Testing and

Materials, 1916 Race Street, Philadelphia, PA 19103.

------------------------------------------------------------------------

40 CFR part 600 Preference

Document number and name

------------------------------------------------------------------------

ASTM E 29-67 (Reapproved 1973) Standard 600.002-93(a)(30); 600.113-

Recommended Practice for Indicating which 93(d)

Places of Figures are to be Considered

Significant in Specified Limiting Values.

ASTM D 1298-85 (Reapproved 1990) Standard 600.113-93(c)(1)(i),

Practice for Density, Relative Density (c)(2)(i)(A),

(Specific Gravity), or API Gravity of Crude (c)(2)(i)(B), (c)(2)(ii);

Petroleum and Liquid Petroleum Products by 600.510-93 (g)(1)(ii)(B),

Hydrometer Method. (g)(2)(ii)(B).

ASTM D 3343-90 Standard Test Method for 600.113-93(c)(1)(ii),

Estimation of Hydrogen Content of Aviation (c)(2)(ii).

Fuels.

ASTM D 3338-92 Standard Test Method for 600.113-93(c)(1)(iii).

Estimation of Net Heat of Combustion of

Aviation Fuels.

ASTM D 240-92 Standard Test Method for Heat 600.113-93(c)(2)(iii);

of Combustion of Liquid Hydrocarbon Fuels 600.510-93 (g)(1)(ii)(A),

by Bomb Calorimeter. (g)(2)(ii)(A).

------------------------------------------------------------------------

(2) [Reserved]

Subpart B--[Amended]

12. A new Sec. 600.101-93 is added to subpart B to read as follows:

Sec. 600.101-93 General applicability.

The provisions of this subpart are applicable to 1993 and later

model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-

fueled, alcohol dual fuel, and natural gas dual fuel automobiles.

13. A new Sec. 600.107-93 is added to subpart B to read as follows:

Sec. 600.107-93 Fuel specifications.

(a) The test fuel specifications for gasoline-fueled automobiles

are given in Sec. 86.113(a) (1) and (2) of this chapter.

(b) The test fuel specifications for diesel-fueled automobiles are

given in Sec. 86.113(b) (1) through (3) of this chapter.

(c) The test fuel specifications for methanol fuel used in Otto-

cycle automobiles are given in Sec. 86.113(a) (3) and (4) of this

chapter.

(d) The test fuel specifications for methanol fuel used in diesel

cycle automobiles are given in Sec. 86.113(b) (4) through (6) of this

chapter.

(e) The test fuel specifications for mixtures of petroleum and

methanol fuels for methanol dual fuel vehicles are given in

Sec. 86.113(d) of this chapter.

(f) The specification range of the fuels to be used under

paragraphs (c) and (d) of this section shall be reported in accordance

with Sec. 86.090-21(b)(3) of this chapter.

14. A new Sec. 600.111-93 is added to subpart B to read as follows:

Sec. 600.111-93 Test procedures.

(a) The test procedures to be followed for generation of the city

fuel economy data are those prescribed in Secs. 86.127 through 86.138

of this chapter, as applicable, except as provided for in paragraph (d)

of this section. (The evaporative loss portion of the test procedure

may be omitted unless specifically required by the Administrator.)

(b) The test procedures to be followed for generation of the

highway fuel economy data are those specified in paragraphs (b) through

(j) of this section.

(1) The Highway Fuel Economy Dynamometer Procedure consists of

preconditioning highway driving sequence and a measured highway driving

sequence.

(2) The highway fuel economy test is designated to simulate non-

metropolitan driving with an average speed of 48.6 mph and a maximum

speed of 60 mph. The cycle is 10.2 miles long with 0.2 stop per mile

and consists of warmed-up vehicle operation on a chassis dynamometer

through a specified driving cycle. A proportional part of the diluted

exhaust emission is collected continuously for subsequent analysis of

hydrocarbons, carbon monoxide, carbon dioxide using a constant volume

(variable dilution) sampler. Diesel dilute exhaust is continuously

analyzed for hydrocarbons using a heated sample line and analyzer.

Methanol and formaldehyde samples are collected and individually

analyzed for methanol-fueled vehicles (measurement of methanol and

formaldehyde may be omitted for 1993 through 1994 model year methanol-

fueled vehicles provided a HFID calibrated on methanol is used for

measuring HC plus methanol).

(3) Except in cases of component malfunction or failure, all

emission control systems installed on or incorporated in a new motor

vehicle must be functioning during all procedures in this subpart. The

Administrator may authorize maintenance to correct component

malfunction or failure.

(c) Transmission. The provisions of Sec. 86.128 of this chapter

apply for vehicle transmission operation during highway fuel economy

testing under this subpart.

(d) Road load power and test weight determination. Section 86.129

of this chapter applies for determination of road load power and test

weight for highway fuel economy testing. The test weight for the

testing of a certification vehicle will be that test weight specified

by the Administrator under the provisions of part 86 of this chapter.

The test weight for a fuel economy data vehicle will be that test

weight specified by the Administrator from the test weights covered by

that vehicle configuration. The Administrator will base his selection

of a test weight on the relative projected sales volumes of the various

test weights within the vehicle configuration.

(e) Vehicle preconditioning. The Highway Fuel Economy Dynamometer

Procedure is designed to be performed immediately following the Federal

Emission Test Procedure, Secs. 86.127 through 86.138 of this chapter.

When conditions allow, the tests should be scheduled in this sequence.

In the event the tests cannot be scheduled within three hours of the

Federal Emission Test Procedure (including one hour hot soak

evaporative loss test, if applicable) the vehicle should be

preconditioned as in paragraph (e) (1) or (2) of this section, as

applicable.

(1) If the vehicle has experienced more than three hours of soak

(68 deg.F-86 deg.F) since the completion of the Federal Emission Test

Procedure, or has experienced periods of storage outdoors, or in

environments where soak temperature is not controlled to 68 deg.F-86

deg.F, the vehicle must be preconditioned by operation on a dynamometer

through one cycle of the EPA Urban Dynamometer Driving Schedule,

Sec. 86.115 of this chapter.

(2) In unusual circumstances where additional preconditioning is

desired by the manufacturer, the provisions of Sec. 86.132(a)(3) of

this chapter apply.

(f) Highway fuel economy dynamometer procedure. (1) The dynamometer

procedure consists of two cycles of the Highway Fuel Economy Driving

Schedule (Sec. 600.109(b)) separated by 15 seconds of idle. The first

cycle of the Highway Fuel Economy Driving Schedule is driven to

precondition the test vehicle and the second is driven for the fuel

economy measurement.

(2) The provisions of paragraphs (b), (c), (e), (f), (g) and (h) of

Sec. 86.135 Dynamometer procedure of this chapter, apply for highway

fuel economy testing.

(3) Only one exhaust sample and one background sample are collected

and analyzed for hydrocarbons (except diesel hydrocarbons which are

analyzed continuously), carbon monoxide, and carbon dioxide. Methanol

and formaldehyde samples (exhaust and dilution air) are collected and

analyzed for methanol-fueled vehicles (measurement of methanol and

formaldehyde may be omitted for 1993 through 1994 model year methanol-

fueled vehicles provided a HFID calibrated on methanol is used for

measuring HC plus methanol).

(4) The fuel economy measurement cycle of the test includes two

seconds of idle indexed at the beginning of the second cycle and two

seconds of idle indexed at the end of the second cycle.

(g) Engine starting and restarting. (1) If the engine is not

running at the initiation of the highway fuel economy test

(preconditioning cycle), the start-up procedure must be according to

the manufacturer's recommended procedures.

(2) False starts and stalls during the preconditioning cycle must

be treated as in Sec. 86.136(d) and (e) of this chapter. If the vehicle

stalls during the measurement cycle of the highway fuel economy test,

the test is voided, corrective action may be taken according to

Sec. 86.079-25 of this chapter, and the vehicle may be rescheduled for

test. The person taking the corrective action shall report the action

so that the test records for the vehicle contain a record of the

action.

(h) Dynamometer test run. The following steps must be taken for

each test:

(1) Place the drive wheels of the vehicle on the dynamometer. The

vehicle may be driven onto the dynamometer.

(2) Open the vehicle engine compartment cover and position the

cooling fans(s) required. Manufacturers may request the use of

additional cooling fans for additional engine compartment or under-

vehicle cooling and for controlling high tire or brake temperatures

during dynamometer operation.

(3) Preparation of the CVS must be performed before the measurement

highway driving cycle.

(4) Equipment preparation. The provisions of Sec. 86.137(b)(3)

through (6) of this chapter apply for highway fuel economy test except

that only one exhaust sample collection bag and one dilution air sample

collection bag need be connected to the sample collection systems.

(5) Operate the vehicle over one Highway Fuel Economy Driving

Schedule cycle according to the dynamometer driving schedule specified

in Sec. 600.109(b).

(6) When the vehicle reaches zero speed at the end of the

preconditioning cycle, the driver has 17 seconds to prepare for the

emission measurement cycle of the test. Reset and enable the roll

revolution counter.

(7) Operate the vehicle over one Highway Fuel Economy Driving

Schedule cycle according to the dynamometer driving schedule specified

in Sec. 600.109(b) while sampling the exhaust gas.

(8) Sampling must begin two seconds before beginning the first

acceleration of the fuel economy measurement cycle and must end two

seconds after the end of the deceleration to zero. At the end of the

deceleration to zero speed, the roll or shaft revolutions must be

recorded.

(i) For methanol dual fuel automobiles, the procedures of

Sec. 600.111 (a) and (b) shall be performed for each of the required

test fuels:

(1) Gasoline or diesel fuel as specified in Sec. 600.107 (a) and

(b); and

(2) Methanol fuel as specified in Sec. 600.107 (c) and (d); and

(3) A mixture containing 50% gasoline or diesel and 50% methanol by

volume, applicable during model years 1993 through 1995; or

(4) In lieu of testing using the mixture containing 50% gasoline or

diesel and 50% methanol by volume, the manufacturer must provide a

written statement attesting that the equal or superior energy

efficiency is attained while using the 50% gasoline or diesel and 50%

methanol mixture compared to using gasoline.

15. A new Sec. 600.113-93 is added to subpart B to read as follows:

Sec. 600.113-93 Fuel economy calculations.

The Administrator will use the calculation procedure set forth in

this section for all official EPA testing of vehicles fueled with

gasoline, diesel, or methanol fuel. The calculations of the weighted

fuel economy values require input of the weighted grams/mile values for

HC, CO, and CO2, and, additionally for methanol fueled automobiles

CH3OH and HCHO for both the city fuel economy test and the highway

fuel economy test. Additionally, the specific gravity, carbon weight

fraction and net heating value of the test fuel must be determined. The

city and highway fuel economy values shall be calculated as specified

in this section. A sample appears in Appendix II to this part.

(a) Calculate the weighted grams/mile values for the city fuel

economy test for HC, CO, and CO2, and, additionally for methanol-

fueled automobiles, CH3OH and HCHO as specified in Sec. 86.144 of

this chapter. Measure and record the test fuel's properties as

specified in paragraph (c) of this section.

(b)(1) Calculate the mass values for the highway fuel economy test

for HC, CO, and CO2, and CH3OH and HCHO where applicable, as

specified in Sec. 86.144(b) of this chapter. Measure and record the

test fuel's properties as specified in paragraph (c) of this section.

(2) Calculate the grams/mile values for the highway fuel economy

test for HC, CO, and CO2, and CH3OH and HCHO where

applicable, by dividing the mass values obtained in paragraph (b)(1) of

this section, by the actual distance traveled, measured in miles, as

specified in Sec. 86.135(h) of this chapter.

(c)(1) Gasoline test fuel properties shall be determined by

analysis of a fuel sample taken from the fuel supply. A sample shall be

taken after each addition of fresh fuel to the fuel supply.

Additionally, the fuel shall be resampled once a month to account for

any fuel property changes during storage. Less frequent resampling may

be permitted if EPA concludes, on the basis of manufacturer-supplied

data, that the properties of test fuel in the manufacturer's storage

facility will remain stable for a period longer than one month. The

fuel samples shall be analyzed to determine the following fuel

properties:

(i) Specific gravity per ASTM D 1298 (Incorporated by reference as

specified in Sec. 600.011-93).

(ii) Carbon weight fraction per ASTM D 3343 (Incorporated by

reference as specified in Sec. 600.011-93).

(iii) Net heating value (Btu/lb) per ASTM D 3338 (Incorporated by

reference as specified in Sec. 600.011-93).

(2) Methanol test fuel shall be analyzed to determine the following

fuel properties:

(i) Specific gravity using either:

(A) ASTM D 1298 (incorporated by reference as specified in

Sec. 600.011-93) for the blend or:

(B) ASTM D 1298 (incorporated by reference as specified in

Sec. 600.011-93) for the gasoline fuel component and also for the

methanol fuel component and combining as follows:

SG=SGg x volume fraction gasoline+SGm x volume fraction

methanol.

(ii)(A) Carbon weight fraction using the following equation:

CWF=CWFg x MFg+0.375 x MFm

Where:

CWFg=Carbon weight fraction of gasoline portion of blend per ASTM

D 3343 (incorporated by reference as specified in Sec. 600.011-93).

MFg=Mass fraction gasoline=(GxSGg)/(GxSGg+MxSGm)

MFm=Mass fraction methanol=(MxSGm)/(GxSGg+MxSGm)

Where:

G=Volume fraction gasoline

M=Volume fraction methanol

SGg=Specific gravity of gasoline as measured by ASTM D 1298

(Incorporated by reference as specified in Sec. 600.011-93).

SGm=Specific gravity of methanol as measured by ASTM D 1298

(Incorporated by reference as specified in Sec. 600.011-93).

(B) Upon the approval of the Administrator, other procedures to

measure the carbon weight fraction of the fuel blend may be used if the

manufacturer can show that the procedures are superior to or equally as

accurate as those specified in this paragraph (c)(2)(ii).

(iii) Net heating value (BTU/lb) per ASTM D 240 (Incorporated by

reference as specified in Sec. 600.011-93).

(d) Calculate the city fuel economy and highway fuel economy from

the grams/mile values for HC, CO, CO2, and CH3OH and HCHO

where applicable, and, the test fuel's specific gravity, carbon weight

fraction and net heating value. The emission values (obtained per

paragraph (a) or (b) of this section, as applicable) used in each

calculation of this section shall be rounded in accordance with

Sec. 86.084-26(a)(6)(iii) of this chapter. The CO2 values

(obtained per paragraph (a) or (b) of this section, as applicable) used

in each calculation of this section shall be rounded to the nearest

gram/mile. The specific gravity and the carbon weight fraction

(obtained per paragraph (c) of this section) shall be recorded using

three places to the right of the decimal point. The net heating value

(obtained per paragraph (c) of this section) shall be recorded to the

nearest whole Btu/lb. These numbers shall be rounded in accordance with

the ``Rounding Off Method'' specified in ASTM E 29 (Incorporated by

reference as specified in Sec. 600.011-93).

(e)(1) For gasoline-fueled automobiles, the fuel economy in miles

per gallon is to be calculated using the following equation:

mpg=(5174 x 10\4\ x CWF x SG)/ [((CWF x HC)+(0.429 x

CO)+(0.273 x CO2)) x ((0.6 x SGxNHV)+5471)]

Where:

HC=Grams/mile HC as obtained in paragraph (d) of this section.

CO=Grams/mile CO as obtained in paragraph (d) of this section.

CO2=Grams/mile CO2 as obtained in paragraph (d) of this

section.

CWF=Carbon weight fraction of test fuel as obtained in paragraph (d) of

this section.

NHV=Net heating value by mass of test fuel as obtained in paragraph (d)

of this section.

SG=Specific gravity of test fuel as obtained in paragraph (d) of this

section.

(2) Round the calculated result to the nearest 0.1 miles per

gallon.

(f)(1) For diesel-fueled automobiles, calculate the fuel economy in

miles per gallon of diesel fuel by dividing 2778 by the sum of three

terms:

(i) 0.866 multiplied by HC (in grams/miles as obtained in paragraph

(d) of this section);

(ii) 0.429 multiplied by CO (in grams/mile as obtained in paragraph

(d) of this section); and

(iii) 0.273 multiplied by CO2 (in grams/mile as obtained in

paragraph (d) of this section).

(2) Round the quotient to the nearest 0.1 mile per gallon.

(g) For methanol-fueled automobiles and automobiles designed to

operate on mixtures of gasoline and methanol, the fuel economy in miles

per gallon is to be calculated using the following equation:

mpg = (5174 x 10\4\ x CWF x SG)/[((CWF x HC) + (0.429 x CO) +

(0.273 x CO2)) x ((0.6 x SGxNHV) + 5471)]

Where:

CWF=Carbon weight fraction of the fuel as determined in paragraph

(c)(2)(ii) of this section.

SG=Specific gravity of the fuel as determined in paragraph (c)(2)(i) of

this section.

CWFexHC=Carbon weight fraction of exhaust hydrocarbons= CWFg

as determined in (c)(2)(ii) of this section (for M100 fuel,

CWFexHC=0.866).

HC=Grams/mile HC as obtained in paragraph (d) of this section.

CO=Grams/mile CO as obtained in paragraph (d) of this section.

CO2=Grams/mile CO2 as obtained in paragraph (d) of this

section.

CH3OH=Grams/mile CH3OH (methanol) as obtained in paragraph

(d) of this section.

HCHO=Grams/mile HCHO (formaldehyde) as obtained in paragraph (d) of

this section.

Subpart C--[Amended]

16. A new Sec. 600.201-93 is added to subpart C to read as follows:

Sec. 600.201-93 General applicability.

The provisions of this subpart are applicable to 1993 and later

model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-

fueled, alcohol dual fuel, and natural gas dual fuel automobiles.

17. A new Sec. 600.206-93 is added to subpart C to read as follows:

Sec. 600.206-93 Calculation and use of fuel economy values for

gasoline-fueled, diesel-fueled, electric, alcohol-fueled, natural gas-

fueled, alcohol dual fuel, and natural gas dual fuel vehicle

configurations.

(a) Fuel economy values determined for each vehicle, and as

approved in Sec. 600.008 (b) or (f), are used to determine city,

highway, and combined fuel economy values for each vehicle

configuration (as determined by the Administrator) for which data are

available.

(1) If only one set of city and highway fuel economy values is

accepted for a vehicle configuration, these values, rounded to the

nearest tenth of a mile per gallon, comprise the city and highway fuel

economy values for that configuration.

(2) If more than one city or highway fuel economy value is accepted

for a vehicle configuration:

(i) All data shall be grouped according to the subconfiguration for

which the data were generated using sales projections supplied in

accordance with Sec. 600.207(a)(3).

(ii) Within each group of data, all values are harmonically

averaged and rounded to the nearest 0.0001 of a mile per gallon in

order to determine city and highway fuel economy values for each

subconfiguration at which the vehicle configuration was tested.

(iii) All city fuel economy values and all highway fuel economy

values calculated in paragraph (a)(2)(ii) of this section are

(separately for city and highway) averaged in proportion to the sales

fraction (rounded to the nearest 0.0001) within the vehicle

configuration (as provided to the Administrator by the manufacturer) of

vehicles of each tested subconfiguration. The resultant values, rounded

to the nearest 0.0001 mile per gallon, are the city and highway fuel

economy values for the vehicle configuration.

(3) The combined fuel economy value for a vehicle configuration is

calculated by harmonically averaging the city and highway fuel economy

values, as determined in Sec. 600.206(a) (1) or (2), weighted 0.55 and

0.45 respectively, and rounded to the nearest 0.0001 mile per gallon. A

sample of this calculation appears in Appendix II to this part.

(4) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles the procedures of paragraphs (a) (1) through (3) of this

section shall be used to calculate two separate sets of city, highway,

and combined fuel economy values for each configuration.

(i) Calculate the city, highway, and combined fuel economy values

from the tests performed using gasoline or diesel test fuel.

(ii) Calculate the city, highway, and combined fuel economy values

from the tests performed using alcohol or natural gas test fuel.

(b) If only one equivalent petroleum-based fuel economy value

exists for an electric configuration, that value, rounded to the

nearest tenth of a mile per gallon, will compose the petroleum-based

fuel economy for that configuration.

(c) If more than one equivalent petroleum-based fuel economy value

exists for an electric vehicle configuration, all values for that

vehicle configuration are harmonically averaged and rounded to the

nearest 0.0001 mile per gallon for that configuration.

18. A new Sec. 600.207-93 is added to subpart C to read as follows:

Sec. 600.207-93 Calculation of fuel economy values for a model type.

(a) Fuel economy values for a base level are calculated from

vehicle configuration fuel economy values as determined in

Sec. 600.206(a) for low-altitude tests.

(1) If the Administrator determines that automobiles intended for

sale in the State of California are likely to exhibit significant

differences in fuel economy from those intended for sale in other

states, he will calculate fuel economy values for each base level for

vehicles intended for sale in California and for each base level for

vehicles intended for sale in the rest of the states.

(2) In order to highlight the fuel efficiency of certain designs

otherwise included within a model type, a manufacturer may wish to

subdivide a model type into one or more additional model types. This is

accomplished by separating subconfigurations from an existing base

level and placing them into a new base level. The new base level is

identical to the existing base level except that it shall be

considered, for the purposes of this paragraph, as containing a new

basic engine. The manufacturer will be permitted to designate such new

basic engines and base level(s) if:

(i) Each additional model type resulting from division of another

model type has a unique car line name and that name appears on the

label and on the vehicle bearing that label;

(ii) The subconfigurations included in the new base levels are not

included in any other base level which differs only by basic engine

(i.e., they are not included in the calculation of the original base

level fuel economy values); and

(iii) All subconfigurations within the new base level are

represented by test data in accordance with Sec. 600.010(c)(ii).

(3) The manufacturer shall supply total model year sales

projections for each car line/vehicle subconfiguration combination.

(i) Sales projections must be supplied separately for each car

line-vehicle subconfiguration intended for sale in California and each

car line/vehicle subconfiguration intended for sale in the rest of the

states if required by the Administrator under paragraph (a)(1) of this

section.

(ii) Manufacturers shall update sales projections at the time any

model type value is calculated for a label value.

(iii) The requirements of this paragraph may be satisfied by

providing an amended application for certification, as described in

Sec. 86.084-21 of this chapter.

(4) Vehicle configuration fuel economy values, as determined in

Sec. 600.206(a), are grouped according to base level.

(i) If only one vehicle configuration within a base level has been

tested, the fuel economy value from that vehicle configuration

constitutes the fuel economy for that base level.

(ii) If more than one vehicle configuration within a base level has

been tested, the vehicle configuration fuel economy values are

harmonically averaged in proportion to the respective sales fraction

(rounded to the nearest 0.0001) of each vehicle configuration and the

resultant fuel economy value rounded to the nearest 0.0001 mile per

gallon.

(5) The procedure specified in Sec. 600.207(a) will be repeated for

each base level, thus establishing city, highway, and combined fuel

economy values for each base level.

(6) For the purposes of calculating a base level fuel economy

value, if the only vehicle configuration(s) within the base level are

vehicle configuration(s) which are intended for sale at high altitude,

the Administrator may use fuel economy data from tests conducted on

these vehicle configuration(s) at high altitude to calculate the fuel

economy for the base level.

(7) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles the procedures of paragraphs (a)(1) through (6) of this

section shall be used to calculate two separate sets of city, highway,

and combined fuel economy values for each base level.

(i) Calculate the city, highway, and combined fuel economy values

from the tests performed using gasoline or diesel test fuel.

(ii) Calculate the city, highway, and combined fuel economy values

from the tests performed using alcohol or natural gas test fuel.

(b) For each model type, as determined by the Administrator, a

city, highway, and combined fuel economy value will be calculated by

using the projected sales and fuel economy values for each base level

within the model type.

(1) If the Administrator determines that automobiles intended for

sale in the State of California are likely to exhibit significant

differences in fuel economy from those intended for sale in other

states, he will calculate fuel economy values for each model type for

vehicles intended for sale in California and for each model type for

vehicles intended for sale in the rest of the states.

(2) The sales fraction for each base level is calculated by

dividing the projected sales of the base level within the model type by

the projected sales of the model type and rounding the quotient to the

nearest 0.0001.

(3) The city fuel economy values of the model type (calculated to

the nearest 0.0001 mpg) are determined by dividing one by a sum of

terms, each of which corresponds to a base level and which is a

fraction determined by dividing:

(i) The sales fraction of a base level; by

(ii) The city fuel economy value for the respective base level.

(4) The procedure specified in paragraph (b)(3) of this section is

repeated in an analogous manner to determine the highway and combined

fuel economy values for the model type.

(5) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles the procedures of paragraphs (b)(1) through (4) of this

section shall be used to calculate two separate sets of city, highway,

and combined fuel economy values for each model type.

(i) Calculate the city, highway, and combined fuel economy values

from the tests performed using gasoline or diesel test fuel.

(ii) Calculate the city, highway, and combined fuel economy values

from the tests performed using alcohol or natural gas test fuel.

19. A new Sec. 600.209-95 is added to subpart C to read as follows:

Sec. 600.209-95 Calculation of fuel economy values for labeling.

(a) For the purposes of calculating the city model type fuel

economy value for labeling the manufacturer shall:

(1)(i) For general labels for gasoline-fueled, diesel-fueled,

alcohol-fueled, and natural gas-fueled automobiles multiply the city

model type fuel economy value determined in Sec. 600.207 (b), by 0.90,

rounding the product to the nearest whole mpg; or

(ii) For general labels for alcohol dual fuel and natural gas dual

fuel automobiles:

(A) Multiply the city model type fuel economy calculated from the

tests performed using gasoline or diesel test fuel as determined in

Sec. 600.207 (b)(5)(i) by 0.90, rounding the product to the nearest

whole mpg; and

(B) Multiply the city model type fuel economy calculated from the

tests performed using alcohol or natural gas test fuel as determined in

Sec. 600.207 (b)(5)(ii) by 0.90, rounding the product to the nearest

whole mpg; or

(2)(i) For specific labels for gasoline-fueled, diesel-fueled,

alcohol-fueled, and natural gas-fueled automobiles, multiply the city

model type fuel economy value determined in Sec. 600.206 (a)(2)(iii),

by 0.90, rounding the product to the nearest whole mpg; or

(ii) For specific labels for alcohol dual fuel and natural gas dual

fuel automobiles:

(A) Multiply the city model type fuel economy calculated from the

tests performed using gasoline or diesel test fuel as determined in

Sec. 600.206 (a)(2)(iii) and (4)(i) by 0.90, rounding the product to

the nearest whole mpg; and

(B) Multiply the city model type fuel economy calculated from the

tests performed using alcohol or natural gas test fuel as determined in

Sec. 600.206 (a)(2)(iii) and (4)(ii) by 0.90, rounding the product to

the nearest whole mpg.

(b) For the purposes of calculating the highway model type fuel

economy value for labeling the manufacturer shall:

(1)(i) For general labels for gasoline-fueled, diesel-fueled,

alcohol-fueled, and natural gas-fueled automobiles, multiply the

highway model type fuel economy value determined in Sec. 600.207 (b),

by 0.78, rounding the product to the nearest whole mpg; or

(ii) For general labels for alcohol dual fuel and natural gas dual

fuel automobiles:

(A) Multiply the highway model type fuel economy calculated from

the tests performed using gasoline or diesel test fuel as determined in

Sec. 600.207 (b)(5)(i) by 0.78, rounding the product to the nearest

whole mpg; and

(B) Multiply the highway model type fuel economy calculated from

the tests performed using alcohol or natural gas test fuel as

determined in Sec. 600.207 (b)(5)(ii) by 0.78, rounding the product to

the nearest whole mpg; or

(2)(i) For specific labels for gasoline-fueled, diesel-fueled,

alcohol-fueled, and natural gas-fueled automobiles, multiply the

highway model type fuel economy value determined in Sec. 600.206

(a)(iii), by 0.78, rounding the product to the nearest whole mpg; or

(ii) For specific labels for alcohol dual fuel and natural gas dual

fuel automobiles:

(A) Multiply the highway model type fuel economy calculated from

the tests performed using gasoline or diesel test fuel as determined in

Sec. 600.206 (a)(2)(iii) and (4)(i) by 0.78, rounding the product to

the nearest whole mpg; and

(B) Multiply the highway model type fuel economy calculated from

the tests performed using alcohol or natural gas test fuel as

determined in Sec. 600.206 (a)(2)(iii) and (4)(ii) by 0.78, rounding

the product to the nearest whole mpg.

(c) If the resulting city value determined in paragraph (a) of this

section exceeds the resulting highway value determined in paragraph (b)

of this section, the city value will be set equal to the highway value.

(d) For the purposes of calculating the combined fuel economy for a

model type, to be used in determining annual fuel costs under

Sec. 600.307, the manufacturer shall (except as provided for in

paragraph (d)(2) of this section):

(1)(i) For gasoline-fueled, diesel-fueled, alcohol-fueled, and

natural gas-fueled automobiles, harmonically average the unrounded city

and highway values, determined in paragraphs (a)(1)(i) and (b)(1)(i),

or (a)(2)(i) and (b)(2)(i) of this section weighted 0.55 and 0.45

respectively, and round to the nearest whole mpg. (An example of this

calculation procedure appears in Appendix II of this part); or

(ii) For alcohol dual fuel and natural gas dual fuel automobiles,

harmonically average the unrounded city and highway values from the

tests performed using gasoline or diesel test fuel as determined in

paragraphs (a)(1)(ii)(A) and (b)(1)(ii)(A), or (a)(2)(ii)(A) and

(b)(2)(ii)(A) of this section.

(2) If the resulting city value determined in paragraph (a) of this

section exceeds the resulting highway value determined in paragraph (b)

of this section, the combined fuel economy will be set equal to the

highway value, rounded to the nearest whole mpg.

Subpart D--[Amended]

20. A new Sec. 600.301-95 is added to subpart D to read as follows:

Sec. 600.301-95 General applicability.

(a) The provisions of this subpart are applicable to 1995 and later

model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-

fueled, alcohol dual fuel, and natural gas dual fuel automobiles.

(b)(1) Manufacturers that produce only electric vehicles are exempt

from the requirement of this subpart, except with regard to the

requirements in those sections pertaining specifically to electric

vehicles.

(2) Manufacturers with worldwide production (excluding electric

vehicle production) of less than 10,000 gasoline-fueled and/or diesel

powered passenger automobiles and light trucks may optionally comply

with the electric vehicle requirements in this subpart.

21. A new Sec. 600.307-95 is added to subpart D to read as follows:

Sec. 600.307-95 Fuel economy label format requirements.

(a)(1) Fuel economy labels must be:

(i) Rectangular in shape with a minimum height of 4.5 inches (114

mm) and a minimum length of 7.0 inches (178 mm) as depicted in Appendix

VIII of this part.

(ii) Printed in a color which contrasts with the paper color.

(iii) The label shall have a contrasting border at least 0.25

inches (6.4 mm) wide.

(2) The top 50 percent of the total fuel economy label area shall

contain only the following information and in the same format depicted

in the label format in Appendix VIII of this part:

(i) The titles ``CITY MPG'' and ``HIGHWAY MPG'', centered over the

applicable fuel economy estimates, in bold caps 10 points in size.

(ii)(A) For gasoline-fueled, diesel-fueled, alcohol-fueled, and

natural gas-fueled automobiles, the city and highway fuel economy

estimates calculated in accordance with Sec. 600.209 (a) and (b).

(B) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles, the city and highway fuel economy estimates for operation

on gasoline or diesel fuel as calculated in Sec. 600.209 (a)(1)(ii)(A)

or (2)(ii)(A) and Sec. 600.209 (b)(1)(ii)(A) or (2)(ii)(A).

(iii) The fuel pump logo.

(iv) The phrase ``Compare this [vehicle/truck] to others in the

FREE FUEL ECONOMY GUIDE available at the dealer,'' shall be ``dropped-

out'' of the top border as depicted in the sample label format in

Appendix VIII of this part. The phase shall be in lower case in a

medium condensed type except for the words ``FREE FUEL ECONOMY GUIDE''

which shall be capitalized in a bold condensed type and no smaller than

12 points in size.

(v)(A) For alcohol-fueled automobiles, the title ``(insert

appropriate fuel (example ``METHANOL ``(M85))'')''. The title shall be

positioned above the fuel pump logo and shall be in upper case in a

bold condensed type and no smaller than 12 points in size.

(B) For natural gas-fueled automobiles, the title ``NATURAL GAS*''.

The title shall be positioned above the fuel pump logo and shall be in

uppercase in a bold condensed type and no smaller than 12 points in

size.

(C) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles, the title ``DUAL FUEL*''. The title shall be positioned

above the fuel pump logo and shall be in upper case in a bold condensed

type and no smaller than 12 points in size.

(vi)(A) For alcohol-fueled automobiles, the title ``(insert

appropriate fuel (example ``M85''))'' centered above the title ``CITY

MPG'' and above the title ``HIGHWAY MPG'' in bold caps 10 points in

size.

(B) For natural gas-fueled automobile, the title ``GASOLINE

EQUIVALENT'' centered above the title ``CITY MPG'' and above the title

``HIGHWAY MPG'' in bold caps 10 points in size.

(C) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles, the title ``GASOLINE'' centered above the title ``CITY

MPG'' and above the title ``HIGHWAY MPG'' in bold caps 10 points in

size.

(3) The bottom 50 percent of the label shall contain the following

information:

(i) The [vehicle/truck] description, as described in paragraph (c)

or (d) of this section, when applicable.

(ii)(A) A statement: ``Actual mileage will vary with options,

driving conditions, driving habits and [vehicle's/truck's] condition.

Results reported to EPA indicate that the majority of [vehicles/trucks]

with these estimates will achieve between ______ and ______ mpg in the

city, and between ______ and ______ mpg on the highway.''

(B) The range values for this statement are to be calculated in

accordance with the following:

(1) The lower range values shall be determined by multiplying the

city and highway estimates by 0.85, then rounding to the next lower

integer value.

(2) The upper range values shall be determined by multiplying the

city and highway estimates by 1.15 and rounding to the next higher

integer value.

(iii)(A) A statement: ``For comparison shopping, all [vehicles/

trucks] classified as [insert category as determined in Sec. 600.315]

have been issued mileage ratings ranging from ______ to ______ mpg city

and ______ to ______ mpg highway.'' (The range values are those

determined in accordance with Sec. 600.311.); or, when applicable,

(B) A statement: ``A range of fuel economy values for other

[vehicles/trucks] classified as [insert category as determined in

Sec. 600.315] is not available at this time.'' or by the statement:

``Not available.''

(iv)(A) The statement: ``Estimated Annual Fuel Cost:'' followed by

the appropriate value calculated in accordance with paragraph (g) or

(h) of this section. The estimated annual fuel cost value for alcohol

dual fuel automobiles and natural gas dual fuel vehicles to appear on

the fuel economy label shall be that calculated based on operating the

vehicle on gasoline or diesel fuel as determined in Sec. 600.307(g) and

(h). At the manufacturers option, the label may also contain the

estimated annual fuel cost value based on operating the vehicle on the

alternative fuel.

(B) At the manufacturers option, it may include the fuel cost and

the annual mileage interval used to determine the annual fuel cost.

(v) For the 1986 model year only, the statement: ``Under EPA's

previous fuel economy program, used prior to the 1985 model year, this

[vehicle/truck] would have received a single estimate of [insert

unadjusted city value rounded to the nearest whole mpg, as determined

in Sec. 600.207(b)] mpg.''

(vi)(A) The Gas Guzzler statement, when applicable (see paragraph

(f) of this section), must be centered on a separate line between the

bottom border and the Estimated Annual Fuel Cost statements. The words

``Gas Guzzler'' shall be highlighted.

(B) The type size shall be at least as large as the largest type

size in the bottom 50 percent of the label.

(vii)(A) For alcohol-fueled, and natural gas-fueled automobiles,

the statement: ``*This vehicle operates on [insert appropriate fuel(s)]

only.'' shall appear above the bottom border. The phrase shall be in

lower case in a medium condensed type except for the fuels listed which

shall be capitalized in a bold condensed type no smaller than 12 points

in size.

(B) For natural gas-fueled automobiles, the statements: ``All fuel

economy values on this label pertain to gasoline equivalent fuel

economy. To convert these values into units of miles per 100 cubic feet

of natural gas, multiply by 0.823.'' At the manufacturers option, the

statement ``To convert these values into units of miles per 100 cubic

feet of natural gas, multiply by 0.823.'' may be replaced by the

statement ``The fuel economy in units of miles per (insert units used

in retail) is estimated to be (insert city fuel economy value) in the

city, and (insert highway fuel economy value) on the highway.

(C) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles, the statement: ``This vehicle operates on [insert gasoline

or diesel as appropriate] and [insert other fuel(s) as appropriate].''

shall appear above the bottom border. The phrase shall be in lower case

in a medium condensed type except for the words ``gasoline'' or

``diesel'' (as appropriate) and the other fuels listed, which shall be

capitalized in a bold condensed type no smaller than 12 points in size.

(viii) For alcohol dual fuel automobiles and natural gas dual fuel

automobiles, the statement: ``All fuel economy values on this label

pertain to [insert gasoline or diesel as appropriate] fuel usage.

[insert other fuel(s) as appropriate] fuel(s) usage will yield

different values. See the FREE FUEL ECONOMY GUIDE for information on

[insert other fuel(s)] .'' At the manufacturers option, the above

statements may be replaced by the statement ``The fuel economy while

using [insert appropriate fuel (example ``M85)] is estimated to be

[insert city fuel economy value and appropriate units] in the city and

[insert highway fuel economy value and appropriate units] on the

highway. See the FREE FUEL ECONOMY GUIDE for other information on

[insert appropriate fuel].

(4) The maximum type size for the statements located in the lower

50 percent of the label shall not exceed 10 points in size, except as

provided for in paragraphs (a)(3)(vii)(A) and (B) of this section.

(b)(1) The city mpg number shall be displayed on the left and the

highway mpg number displayed on the right.

(2)(i) Except for the digit ``one,'' each mpg digit shall measure

at least 0.35 inches by 0.6 inches (9x15mm) in width and height

respectively.

(ii) The digit ``one,'' shall measure at least 0.2 inches by 0.6

inches (5x15mm) in width and height respectively.

(3) The strike width of each mpg digit shall be at least 0.075

inches (1.9mm).

(4)(i) MPG digits not printed as a single character shall be made

of a matrix of smaller characters. This matrix shall be at least four

characters wide by five characters high (with the exception of three

characters wide for the numerical character denoting ``one''.)

(ii) The small characters shall be made of successive overstrikes

to form a reasonably dark and continuous line that approximates a

single large character.

(5)(i) If manufacturer chooses to enlarge the label from that

depicted in Appendix VIII of this part, the logo and the fuel economy

label values, including the titles ``CITY MPG'' and ``HIGHWAY MPG,''

must be increased in the same proportion.

(ii) The area bounded by the bottom of the fuel pump logo to the

top of the border must continue to represent at least 50 percent of the

available label area.

(c) The vehicle description on general labels will be as follows:

(1) Model year;

(2) Vehicle car line;

(3) Engine displacement, in cubic inches, cubic centimeters, or

liters whichever is consistent with the customary description of that

engine;

(4) Number of engine cylinders or rotors;

(5) Additional engine description, if necessary to distinguish

otherwise identical model types, as approved by the Administrator;

(6) Fuel metering system, including number of carburetor barrels,

if applicable;

(7) Transmission class;

(8) Catalyst usage, if necessary to distinguish otherwise identical

model types; and

(9) California emission control system usage, if applicable and if

the Administrator determines that automobiles intended for sale in the

State of California are likely to exhibit significant differences in

fuel economy from those intended for sale in other states.

(d) The vehicle description on specific labels will be as follows:

(1) The descriptions of paragraph (c) of this section;

(2) Inertia weight class;

(3) Axle ratio; and

(4) Other engine or vehicle parameters, if approved by the

Administrator.

(e) Where the fuel economy label is incorporated with the pricing

information sticker, the applicable vehicle description, as set forth

in paragraph (c) or (d) of this section, does not have to be repeated

if the information is readily found on the Motor Vehicle Information

and Cost Savings Act label.

(f)(1) For fuel economy labels of passenger automobile model types

requiring a tax statement under Sec. 600.513, the phrase ``* * * Gas

Guzzler Tax: $____________ * * *''.

(2) The tax value required by this paragraph shall be based on the

combined fuel economy value for the model type calculated in accordance

with Sec. 600.207 and rounded to the nearest 0.1 mpg. Adjustments in

accordance with Sec. 600.209 will not be used to determine the tax

liability.

(g) General labels. The annual fuel cost estimate for operating an

automobile included in a model type shall be computed by using values

for the fuel cost per volume (gallon for liquid fuels, cubic foot for

gaseous fuels) and average annual mileage, predetermined by the

Administrator, and the fuel economy determined in Sec. 600.209(d).

(1) The annual fuel cost estimate for a model type is computed by

multiplying:

(i) Fuel cost per gallon (natural gas must be expressed in units of

cost per equivalent gallon, where 100 SCF = 0.823 equivalent gallons)

expressed in dollars to the nearest 0.05 dollar; by

(ii) Average annual mileage, expressed in miles per year to the

nearest 1,000 miles per year; by

(iii) The average, rounded to the nearest 0.0001 gallons per mile

(natural gas must be expressed in units of gallons equivalent per mile

where 100 SCF=0.823 equivalent gallons) of the fuel economy value

determined in Sec. 600.209(d) for a model type.

(2) The product computed in paragraph (g)(1) of this section and

rounded to the nearest dollar per year will comprise the annual fuel

cost estimate that appears on general labels for the model type.

(h) Specific labels. The annual fuel cost estimate for operating an

automobile included in a vehicle configuration will be computed by

using the values for the fuel cost per volume (gallon for liquid fuels,

cubic feet for gaseous fuels) and average mileage and the fuel economy

determined in paragraph (h)(1)(iii) of this section.

(1) The annual fuel cost estimate for vehicle configuration is

computed by multiplying:

(i) Fuel cost per gallon (natural gas must be expressed in units of

cost per equivalent gallon, where 100 SCF=0.823 equivalent gallons)

expressed in dollars to the nearest 0.05 dollar; by

(ii) Average annual mileage, expressed in miles per year to the

nearest 1,000 miles per year; by

(iii) The inverse, rounded to the nearest 0.0001 gallons per mile

(natural gas must be expressed in units of gallon equivalent per mile,

where 100 SCF=0.823 equivalent gallons) of the fuel economy value

determined in Sec. 600.206(a)(2)(iii) for a vehicle configuration (city

and highway values will be adjusted by the factors in Sec. 600.209(a)

and (b) and combined according to Sec. 600.209(d) before the

calculation).

(2) The product computed in paragraph (h)(1) of this section and

rounded to the nearest dollar per year will comprise the annual fuel

cost estimate that appears on specific labels for that vehicle

configuration.

Subpart F--[Amended]

22. A new Sec. 600.501-93 is added to subpart F to read as follows:

Sec. 600.501-93 General applicability.

(a) The provisions of this subpart are applicable to 1993 and later

model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-

fueled, alcohol dual fuel and natural gas dual fuel automobiles.

(b)(1) Manufacturers that produce only electric vehicles are exempt

from the requirement of this subpart, except with regard to the

requirements in those sections pertaining specifically to electric

vehicles.

(2) Manufacturers with worldwide production (excluding electric

vehicle production) of less than 10,000 gasoline-fueled and/or diesel

powered passenger automobiles and light trucks may optionally comply

with the electric vehicle requirements in this subpart.

23. A new Sec. 600.510-93 is added to subpart F to read as follows:

Sec. 600.510-93 Calculation of average fuel economy.

(a) Average fuel economy will be calculated to the nearest 0.1 mpg

for the classes of automobiles identified in this section, and the

results of such calculations will be reported to the Secretary of

Transportation for use in determining compliance with the applicable

fuel economy standards.

(1) An average fuel economy calculation will be made for the

category of passenger automobiles that is domestically manufactured as

defined in Sec. 600.511(d)(1).

(2) An average fuel economy calculation will be made for the

category of passenger automobiles that is not domestically manufactured

as defined in Sec. 600.511(d)(2).

(3) An average fuel economy calculation will be made for the

category of light trucks that is domestically manufactured as defined

in Sec. 600.511(e)(1).

(4) An average fuel economy calculation will be made for the

category of light trucks that is not domestically manufactured as

defined in Sec. 600.511(e)(2).

(b) For the purpose of calculating average fuel economy under

paragraph (c), of this section:

(1) All fuel economy data submitted in accordance with

Sec. 600.006(e) or Sec. 600.502(c) shall be used.

(2) The combined city/highway fuel economy will be calculated for

each model type in accordance with Sec. 600.207 of this section except

that:

(i) Separate fuel economy values will be calculated for model types

and base levels associated with car lines that are:

(A) Domestically produced; and

(B) Nondomestically produced and imported;

(ii) Total model year production data, as required by this subpart,

will be used instead of sales projections;

(iii) The fuel economy value of diesel-powered model types will be

multiplied by the factor 1.0 to correct gallons of diesel fuel to

equivalent gallons of gasoline;

(iv) The fuel economy value will be rounded to the nearest 0.1 mpg;

and

(v) At the manufacturer's option, those vehicle configurations that

are selfcompensating to altitude changes may be separated by sales into

high-altitude sales categories and low-altitude sales categories. These

separate sales categories may then be treated (only for the purpose of

this section) as separate configurations in accordance with the

procedure of paragraph Sec. 600.207(a)(4)(ii).

(3) The fuel economy value for each vehicle configuration is the

combined fuel economy calculated according to Sec. 600.206 except that:

(i) Separate fuel economy values will be calculated for vehicle

configurations associated with car lines that are:

(A) Domestically produced; and

(B) Nondomestically produced and imported;

(ii) Total model year production data, as required by this subpart

will be used instead of sales projections; and

(iii) The fuel economy value of diesel-powered model types will be

multiplied by the factor 1.0 to convert gallons of diesel fuel to

equivalent gallons of gasoline.

(c) Except as permitted in paragraph (d) of this section, the

average fuel economy will be calculated individually for each category

identified in paragraph (a) of this section as follows:

(1) Divide the total production volume of that category of

automobiles; by

(2) A sum of terms, each of which corresponds to a model type

within that category of automobiles and is a fraction determined by

dividing:

(i) The number of automobiles of that model type produced by the

manufacturer in the model year; by

(ii) For gasoline-fueled and diesel-fueled model types, the fuel

economy calculated for that model type in accordance with paragraph

(b)(2) of this section; or

(iii) For alcohol-fueled model types, the fuel economy value

calculated for that model type in accordance with (b)(2) of this

section divided by 0.15 and rounded to the nearest 0.1 mpg; or

(iv) For natural gas-fueled model types, the fuel economy value

calculated for that model type in accordance with (b)(2) of this

section divided by 0.15 and rounded to the nearest 0.1 mpg; or

(v) For alcohol dual fuel model types, for model years 1993 through

2004, the harmonic average of the following two terms; the result

rounded to the nearest 0.1 mpg:

(A) The combined model type fuel economy value for operation on

gasoline or diesel fuel as determined in Sec. 600.207(b)(5)(i); and

(B) The combined model type fuel economy value for operation on

alcohol fuel as determined in Sec. 600.207(b)(5)(ii) divided by 0.15

provided the requirements of Sec. 600.510 (g) are met; or

(vi) For natural gas dual fuel model types, for model years 1993

through 2004, the harmonic average of the following two terms; the

result rounded to the nearest 0.1 mpg:

(A) The combined model type fuel economy value for operation on

gasoline or diesel as determined in Sec. 600.207(b)(5)(i); and

(B) The combined model type fuel economy value for operation on

natural gas as determined in Sec. 600.207(b)(5)(ii) divided by 0.15

provided the requirements of paragraph (g) of this section are met.

(d) The Administrator may approve alternative calculation methods

if they are part of an approved credit plan under the provisions of 15

U.S.C. 2003.

(e) For passenger categories identified in paragraphs (a) (1) and

(2) of this section, the average fuel economy calculated in accordance

with paragraph (c) of this section shall be adjusted using the

following equation:

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

/ ((0.55 x a) + 0.45)] + IW

Where:

AFEadj = Adjusted average combined fuel economy, rounded to the

nearest 0.1 mpg.

AFE = Average combined fuel economy as calculated in paragraph (c) of

this section, rounded to the nearest 0.0001 mpg.

a = Sales-weight average (rounded to the nearest 0.0001 mpg) of all

model type highway fuel economy values (rounded to the nearest 0.1 mpg)

divided by the sales-weighted average (rounded to the nearest 0.0001

mpg) of all model type city fuel economy values (rounded to the nearest

0.1 mpg). The quotient shall be rounded to 4 decimal places. These

average fuel economies shall be determined using the methodology of

paragraph (c) of this section.

c = 0.0022 for the 1986 model year.

c = A constant value, fixed by model year. For 1987, the Administrator

will specify the c value after the necessary laboratory humidity and

test fuel data become available. For 1988 and later model years, the

Administrator will specify the c value after the necessary laboratory

humidity and test fuel data become available.

IW = (9.2917 x 10-3 x SF3IWC x FE3IWC) - (3.5123 x

10-3 x SF4ETW x FE4IWC)

Note: Any calculated value of IW less than zero shall be set

equal to zero.

SF3IWC = The 3000 lb. inertia weight class sales divided by total

sales. The quotient shall be rounded to 4 decimal places.

SF4ETW = The 4000 lb. equivalent test weight category sales

divided by total sales. The quotient shall be rounded to 4 decimal

places.

FE4IWC = The sales-weighted average combined fuel economy of all

3000 lb. inertia weight class base levels in the compliance category.

Round the result to the nearest 0.0001 mpg.

FE4IWC = The sales-weighted average combined fuel economy of all

4000 lb. inertia weight class base levels in the compliance category.

Round the result to the nearest 0.0001 mpg.

(f) The Administrator shall calculate and apply additional average

fuel economy adjustments if, after notice and opportunity for comment,

the Administrator determines that, as a result of test procedure

changes not previously considered, such correction is necessary to

yield fuel economy test results that are comparable to those obtained

under the 1975 test procedures. In making such determinations, the

Administrator must find that:

(1) A directional change in measured fuel economy of an average

vehicle can be predicted from a revision to the test procedures;

(2) The magnitude of the change in measured fuel economy for any

vehicle or fleet of vehicles caused by a revision to the test

procedures is quantifiable from theoretical calculations or best

available test data;

(3) The impact of a change on average fuel economy is not due to

eliminating the ability of manufacturers to take advantage of

flexibility within the existing test procedures to gain measured

improvements in fuel economy which are not the result of actual

improvements in the fuel economy of production vehicles;

(4) The impact of a change on average fuel economy is not solely

due to a greater ability of manufacturers to reflect in average fuel

economy those design changes expected to have comparable effects on in-

use fuel economy;

(5) The test procedure change is required by EPA or is a change

initiated by EPA in its laboratory and is not a change implemented

solely by a manufacturer in its own laboratory.

(g)(1) Alcohol dual fuel automobiles and natural gas dual fuel

automobiles must provide equal or greater energy efficiency while

operating on alcohol or natural gas as while operating on gasoline or

diesel fuel to obtain the CAFE credit determined in paragraphs

(c)(2)(v) and (vi) of this section. The following equation must hold

true:

Ealt/Epet > or = 1

Where:

Ealt = [FEalt/(NHValtxDalt)]x106 = energy

efficiency while operating on alternative fuel rounded to the nearest

0.01 miles/million BTU.

Epet = [FEpet/(NHVpetxDpet)]x106 = energy

efficiency while operating on gasoline or diesel (petroleum) fuel

rounded to the nearest 0.01 miles/million BTU.

FEalt is the fuel economy [miles/gallon for liquid fuels or miles/

100 standard cubic feet for gaseous fuels] while operated on the

alternative fuel as determined in Sec. 600.113;

FEpet is the fuel economy [miles/gallon] while operated on

petroleum fuel (gasoline or diesel) as determined in Sec. 600.113;

NHValt is the net (lower) heating value [BTU/lb] of the

alternative fuel;

NHVpet is the net (lower) heating value [BTU/lb] of the petroleum

fuel;

Dalt is the density [lb/gallon for liquid fuels or lb/100 standard

cubic feet for gaseous fuels] of the alternative fuel;

Dpet is the density [lb/gallon] of the petroleum fuel.

(i) The equation must hold true for both the city and highway fuel

economy values for each test of each test vehicle.

(ii)(A) The net heating value for alcohol fuels shall be determined

per ASTM D 240 (Incorporated by reference as specified in Sec. 600.011-

93).

(B) The density for alcohol fuels shall be determined per ASTM D

1298 (Incorporated by reference as specified in Sec. 600.011-93).

(iii) The net heating value and density of gasoline are to be

determined by the manufacturer in accordance with Sec. 600.113(c).

(2) For model years 1993 through 1995, alcohol dual fuel

automobiles designed to operate on mixtures of alcohol and gasoline

must, in addition to paragraph (g)(1) of this section, to obtain the

CAFE credit determined in paragraphs (c)(2)(v) and (vi) of this

section, provide equal or superior energy efficiency while operating on

a mixture of 50% alcohol, 50% gasoline by volume, as while operating on

gasoline fuel. The following equation must hold true:

E50/Eg>or=1

Where:

E50=[FE50/(NHV50 x D50)] x 106=energy

efficiency while operating on 50% alcohol, 50% gasoline rounded to the

nearest 0.01 miles/million BTU.

Eg=[FEg/(NHVg x Dg)]x106=energy efficiency

while operating on gasoline fuel ro

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