94-18312. Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE Incentives and Fuel Economy Labeling Requirements; Final Rule  

  • [Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-18312]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 3, 1994]
    
    
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    Part II
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
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    40 CFR Parts 86 and 600
    
    
    
    
    Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE 
    Incentives and Fuel Economy Labeling Requirements; Final Rule
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    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 <12 mpg..="" 25.="" appendix="" viii...="" addition="" of="" example="" do.="" label="" formats="" for="" alternative-fueled="" vehicles..="" ------------------------------------------------------------------------="" \4\for="" model="" year="" 1994="" and="" later="" heavy="" light-duty="" trucks="" not="" subject="" to="" the="" tier="" 0="" standards="" of="" sec.="" 86.094-9="" of="" subpart="" a,="" test="" weight="" basis="" is="" as="" follows:="" for="" emissions="" tests,="" the="" basis="" shall="" be="" adjusted="" loaded="" vehicle="" weight,="" as="" defined="" in="" sec.="" 86.094-2="" of="" subpart="" a;="" and="" for="" fuel="" economy="" tests,="" the="" basis="" shall="" be="" loaded="" vehicle="" weight,="" as="" defined="" in="" sec.="" 86.082-2="" of="" subpart="" a,="" or,="" at="" the="" manufacturer's="" option,="" adjusted="" loaded="" vehicle="" weight="" as="" defined="" in="" sec.="" 86.094-2="" of="" subpart="" a.="" for="" all="" other="" vehicles,="" test="" weight="" basis="" shall="" be="" loaded="" vehicle="" weight,="" as="" defined="" in="" sec.="" 86.082-2="" of="" subpart="" a.="" for="" the="" reasons="" set="" forth="" in="" the="" preamble,="" chapter="" i="" of="" title="" 40="" of="" the="" code="" of="" federal="" regulations="" is="" amended="" as="" follows:="" part="" 86--control="" of="" air="" pollution="" from="" new="" and="" in-use="" motor="" vehicles="" and="" new="" and="" in-use="" motor="" vehicle="" engines:="" certification="" and="" test="" procedures="" 1.="" the="" authority="" citation="" for="" part="" 86="" continues="" to="" read="" as="" follows:="" authority:="" secs.="" 202,="" 203,="" 205,="" 206,="" 207,="" 208,="" 215,="" 216,="" 217,="" 301(a),="" of="" the="" clean="" air="" act="" as="" amended="" (42="" u.s.c.="" 7521,="" 7522,="" 7524,="" 7525,="" 7541,="" 7542,="" 7549,="" 7550,="" 7552,="" and="" 7601(a)).="" 2.="" section="" 86.129-94="" is="" amended="" by="" revising="" footnote="" 4="" to="" the="" table="" in="" paragraph="" (a)="" to="" read="" as="" follows:="" sec.="" 86.129-94="" road="" load="" power,="" test="" weight,="" inertia="" weight="" class="" determination,="" and="" fuel="" temperature="" profile.="" *="" *="" *="" *="" *="" (a)="" *="" *="" *="" *="" *="" *="" *="" *="" 3.="" section="" 86.144-90="" is="" amended="" by="" revising="" the="" dilution="" factor="" equation="" in="" paragraph="" (c)(7)(ii)="" to="" read="" as="" follows:="" sec.="" 86.144-90="" calculations;="" exhaust="" emissions.="" *="" *="" *="" *="" *="" (c)="" *="" *="" *="" (7)="" *="" *="" *="" (ii)="">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 rounded to the nearest 0.01 miles/
    million BTU.
    FE50 is the fuel economy [miles/gallon] while operated on 50% 
    alcohol, 50% gasoline as determined in Sec. 600.113;
    FEg is the fuel economy [miles/gallon] while operated on gasoline 
    as determined in Sec. 600.113;
    NHV50 is the net (lower) heating value [BTU/lb] of the 50/50 
    blend;
    NHVg is the net (lower) heating value [BTU/lb] of gasoline;
    D50 is the density [lb/gallon] of the 50/50 blend;
    Dg is the density [lb/gallon] of the gasoline.
    
        (i) To demonstrate that the equation holds true for each engine 
    family, the manufacturer will:
        (A) Test one test vehicle in each engine family on both the city 
    and highway cycles; or
        (B) In lieu of testing, provide a written statement attesting that 
    equal or superior energy efficiency is attained while using a 50% 
    alcohol, 50% gasoline mixture compared to using 100% gasoline.
        (ii)(A) The net heating value for the 50% alcohol, 50% gasoline 
    mixture shall be determined by ASTM D 240 (Incorporated by reference as 
    specified in Sec. 600.011-93).
        (B) The density for the 50% alcohol, 50% gasoline mixture 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).
        (3) Alcohol dual fuel passenger automobiles and natural gas dual 
    fuel passenger automobiles manufactured during model years 1993 through 
    2004 must meet the minimum driving range requirements established by 
    the Secretary of Transportation (49 CFR part 538) to obtain the CAFE 
    credit determined in paragraphs (c)(2)(v) and (vi) of this section.
        (h) For each of the model years 1993 through 2004, and for each 
    category of automobile identified in paragraph (a) of this section, the 
    maximum increase in average fuel economy determined in paragraph (c) of 
    this section attributable to alcohol dual fuel automobiles and natural 
    gas dual fuel automobiles shall be 1.2 miles per gallon or as provided 
    for in paragraph (i) of this section.
        (1) The Administrator shall calculate the increase in average fuel 
    economy to determine if the maximum increase provided in paragraph (h) 
    of this section has been reached. The Administrator shall calculate the 
    average fuel economy for each category of automobiles specified in 
    paragraph (a) of this section by subtracting the average fuel economy 
    values calculated in accordance with this section by assuming all 
    alcohol dual fuel and natural gas dual fuel automobiles are operated 
    exclusively on gasoline (or diesel) fuel from the average fuel economy 
    values determined in paragraphs (b)(2)(vi), (b)(2)(vii), and (c) of 
    this section. The difference is limited to the maximum increase 
    specified in paragraph (h) of this section.
        (i) In the event that the Secretary of Transportation lowers the 
    corporate average fuel economy standard applicable to passenger 
    automobiles below 27.5 miles per gallon for any model year during 1993 
    through 2004, the maximum increase of 1.2 mpg per year specified in 
    paragraph (h) of this section shall be reduced by the amount the 
    standard was lowered, but not reduced below 0.7 mpg per year.
        24. Section 600.513-91 is amended by revising paragraphs (a) 
    introductory text, (a)(2), and (b)(2)(xii) to read as follows:
    
    
    Sec. 600.513-91  Gas guzzler tax.
    
        (a) This section applies only to passenger automobiles sold after 
    December 27, 1991, regardless of the model year of those vehicles. For 
    alcohol dual fuel and natural gas dual fuel automobiles, the fuel 
    economy while such automobiles are operated on gasoline will be used 
    for Gas Guzzler Tax assessments.
        (1) * * *
        (2) For 1991 and later model year passenger automobiles, the 
    combined general label model type fuel economy value used for Gas 
    Guzzler Tax assessments shall be calculated in accordance with the 
    following equation, rounded to the nearest 0.1 mpg:
    
    FEadj=FE [((0.55 x ag x c) + (0.45 x c) + (0.5556 x ag) 
    + 0.4487)/((0.55 x ag) + 0.45)] + IWg
    Where:
    
    FEadj=Fuel economy value to be used for determination of gas 
    guzzler tax assessment rounded to the nearest 0.1 mpg.
    FE=Combined model type fuel economy calculated in accordance with 
    Sec. 600.207, rounded to the nearest 0.0001 mpg.
    ag=Model type highway fuel economy, calculated in accordance with 
    Sec. 600.207, rounded to the nearest 0.0001 mpg divided by the model 
    type city fuel economy calculated in accordance with Sec. 600.207, 
    rounded to the nearest 0.0001 mpg. The quotient shall be rounded to 4 
    decimal places.
    c=gas guzzler adjustment factor=1.300 x 10-3 for the 1986 and 
    later model years.
    IWg=(9.2917 x 10-3 x SF3IWCG FE3IWCG)
    -(3.5123 x 10-3 x SF4ETWG x FE4IWCG)
    
        Note: Any calculated value of IW less than zero shall be set 
    equal to zero.
    
    SF3IWCG=The 3000 lb. inertia weight class sales in the model type 
    divided by the total model type sales; the quotient shall be rounded to 
    4 decimal places.
    SF4ETWG=The 4000 lb. equivalent test weight sales in the model 
    type divided by the total model type sales, the quotient shall be 
    rounded to 4 decimal places.
    FE3IWCG=The 3000 lb. inertial weight class base level combined 
    fuel economy used to calculate the model type fuel economy rounded to 
    the nearest 0.0001 mpg.
    FE4IWCG=The 4000 lb. inertial weight class base level combined 
    fuel economy used to calculate the model type fuel economy f/rounded to 
    the nearest 0.001 mpg.
    
        (b) * * *
        (2) * * *
        (xii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show 
    a tax of $7,700.
        25. Appendix VIII to part 600 is revised to read as follows:
    
    Appendix VIII to Part 600--Fuel Economy Label Formats
    
    BILLING CODE 6560-50-P
    
    TR03AU94.002
    
    
    TR03AU94.003
    
    
    TR03AU94.004
    
    
    TR03AU94.005
    
    
    [FR Doc. 94-18312 Filed 8-2-94; 8:45 am]
    BILLING CODE 6560-50-C
    
    
    

Document Information

Effective Date:
9/2/1994
Published:
08/03/1994
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-18312
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.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 3, 1994
Supporting Documents:
» Legacy Index for Docket A-89-24
» Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE Incentives and Fuel Economy Labeling Requirements
» Fuel Economy Test Procedures; Alternative-Fueled Automobile CAFE Incentives and Fuel Economy Labeling Requirements; Extension of Comment Period [A-89-24-III-A-2]
» Fuel Economy Test Procedures; Alternative-Fueled Automobile CAFE Incentives and Fuel Economy Labeling Requirements [A-89-24-III-A-1]
CFR: (40)
40 CFR 600.011-93)
40 CFR 600.315]
40 CFR 600.206(a)
40 CFR 86.084-26(a)(6)(iii)
40 CFR 86.084-24(b)(1)
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