Justia> Law> United States> Code of Federal Regulations> Title 40 - Protection of Environment> CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY> PART 600--FUEL ECONOMY OF MOTOR VEHICLES> PART 600—FUEL ECONOMY OF MOTOR VEHICLES

40 C.F.R. PART 600—FUEL ECONOMY OF MOTOR VEHICLES

Title 40 - Protection of Environment

Title 40: Protection of Environment

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PART 600—FUEL ECONOMY OF MOTOR VEHICLES

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

Source: 41 FR 38685, Sept. 10, 1976, unless otherwise noted.

Subpart A—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—General Provisions

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§ 600.001-86 General applicability.

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(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel 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.

[49 FR 13847, Apr. 6, 1984]

§ 600.001-93 General applicability.

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(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.

[59 FR 39649, Aug. 3, 1994]

§ 600.002-85 Definitions.

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(a) As used in this subpart, all terms not defined herein 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 for gasoline-fueled or diesel vehicles.

(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 for gasoline-fueled or diesel vehicles.

(9) “Fuel” means (i) gasoline and diesel fuel for gasoline- or diesel-powered automobiles or (ii) electrical energy for electrically powered automobiles.

(10) “Fuel Economy” means (i) the average number of miles traveled by an automobile or group of automobiles per gallon of gasoline or diesel fuel consumed as computed in §600.113 or §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)(i) “Combined Fuel Economy” means 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, for gasoline-fueled and diesel vehicles.

(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 §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 40 CFR 86.084–24(b)(1) or 40 CFR 86.1824–01 as applicable, and is used to determine compliance under 40 CFR 86.084–30 or 40 CFR 86.1844–01 as applicable 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, for gasoline-fueled and diesel vehicles, 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.

(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.

(30) “Rounded” means a number shortened to the specific number of decimal places in accordance with the “Round Off Method” specified in ASTM E 29–67.

(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. 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.

(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 storage 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.

[49 FR 13841, Apr. 6, 1984, as amended at 49 FR 48049, Dec. 10, 1984; 64 FR 23973, May 4, 1999]

§ 600.002-93 Definitions.

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(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);

(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 §600.113 or §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 §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 §86.084–24(b)(1) of this chapter and used to determine compliance under §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 §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 §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 §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 part 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 §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]

[59 FR 39650, Aug. 3, 1994]

§ 600.003-77 Abbreviations.

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(a) The abbreviations used in this subpart have the same meaning as those in 40 CFR part 86, with the addition of the following: “MPG” means miles per gallon. GVWR—Gross Vehicle Weight Rating.

[41 FR 38685, Sept. 10, 1976, as amended at 41 FR 49759, Nov. 10, 1976]

§ 600.004-77 Section numbering, construction.

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(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 §600.111–81 is promulgated, it would take effect beginning with the 1981 model year; §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.

[59 FR 39651, Aug. 3, 1994]

§ 600.005-81 Maintenance of records and rights of entry.

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The provisions of this section are applicable to all fuel economy data vehicles. Certification vehicles are required to meet the provisions of 40 CFR 86.000–7 or 40 CFR 86.1844–01, as applicable:

(a) The manufacturer of any new motor vehicle subject to any of the standards or procedures prescribed in this part shall establish, maintain, and retain the following adequately organized and indexed records:

(1) General records. (i) Identification and description of all vehicles for which data are submitted to meet the requirements of this part.

(ii) A description of all procedures used to test each vehicle.

(iii) A copy of the information required to be submitted under §600.006 fulfills the requirements of paragraph (a)(1)(i) of this section.

(2) Individual records. (i) A brief history of each vehicle for which data are submitted to meet the requirements of this part, in the form of a separate booklet or other document for each separate vehicles, in which must be recorded:

(A) The steps taken to ensure that the vehicle with respect to its engine, drive train, fuel system, emission control system components, exhaust after treatment device, vehicle weight, or any other device or component, as applicable, will be representative of production vehicles. In the case of electric vehicles, the manufacturer should describe the steps taken to ensure that the vehicle with respect to its electic traction motor, motor controller, battery configuration, or any other device or component, as applicable, will be representative of production vehicles.

(B) A complete record of all emission tests performed under part 86, all fuel economy tests performed under part 600 (except tests actually performed by EPA personnel), and all electic vehicle tests performed according to procedures promulgated by DOE, including all individual worksheets and other documentation relating to each such test or exact copies thereof; the date, time, purpose, and location of each test; the number of miles accumulated on the vehicle when the tests began and ended; and the names of supervisory personnel responsible for the conduct of the tests.

(C) A description of mileage accumulated since selection of buildup of such vehicles including the date and time of each mileage accumulation listing both the mileage accumulated and the name of each driver, or each operator of the automatic mileage accumulation device, if applicable. Additionally, a description of mileage accumulated prior to selection or buildup of such vechicle must be maintained in such detail as is available.

(D) If used, the record of any devices employed to record the speed of mileage, or both, of the test vehicle in relationship to time.

(E) A record and description of all maintenance and other servicing performed, within 2,000 miles prior to fuel economy testing under this part, giving the date and time of the maintenance or service, the reason for it, the person authorizing it, and the names of supervisory personnel responsible for the conduct of the maintenance or service. A copy of the maintenance information to be submitted under §600,006–81 fulfills the requirements of this paragraph.

(F) A brief description of any significant events affecting the vehicle during any time of the period covered by the history not described in an entry under one of the previous headings including such extraordinary events as vehicle accidents or driver speeding citations or warnings.

(3) The manufacturer shall retain all records required under this subpart for a period of five years after the end of the model year to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided that in every case all the information contained in hard copy shall be retained.

(b)(1) Any manufacturer who has supplied fuel economy data to meet the requirements of this part shall admit any EPA Enforcement Officer during operating hours upon presentation of credentials at any of the following:

(i) Any facility where any fuel economy tests from which data are submitted or any procedures or activities connected with these tests are performed.

(ii) Any facility where any new motor vehicle which is being, was, or is to be tested is present.

(iii) Any facility where any construction process used in the modification or buildup of a vehicle into a fuel economy data vehicle is taking place or has taken place.

(iv) Any facility where any record or other document relating to any of the above is located.

(2) Upon admission to any facility referred to in paragraph (b)(1) of this section, the manufacturer shall allow any EPA Enforcement Officer:

(i) To inspect and monitor any part or aspect of procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle preconditioning; emission and fuel economy tests and mileage accumulation; maintenance; vehicle soak and storage procedures; and to verify correlation of calibration of test equipment;

(ii) To inspect and make copies of any required records, designs, or other documents; and

(iii) To inspect and photograph any part or aspect of any fuel economy vehicle and any components to be used in the construction thereof.

(3) Any EPA Enforcement Officer will be furnished, by those in charge of facility being inspected, with such reasonable assistance as may be required to help discharge any function listed in this paragraph (b). Each manufacturer is required to have those in charge of the facility furnish such reasonable assistance without charge to EPA whether or not the manufacturer controls the facility.

(4) The duty to admit any EPA Enforcement Officer shall be applicable whether or not the manufacturer owns or controls the facility in question and is applicable to both domestic and foreign manufacturers and facilities. An EPA Enforcement Officer will not attempt to make any inspections which the officer has been informed are in contravention of any law. However, if local law makes it impossible for the EPA Enforcement Officer to verify or to ensure the accuracy of data generated at a facility such that no informed judgment can properly be made as to the accuracy or reliability of data generated by or obtained for the facility, then a vehicle or data from that vehicle shall not be accepted for use in subpart C or F of this part (unless the Administrator is otherwise convinced of the accuracy and reliability of such data).

(5) For purposes of this paragraph (b):

(i) “Presentation of credentials” means display of the document designating a person as an EPA Enforcement Officer.

(ii) Where vehicle, component, or engine storage areas or facilities are concerned, “operating hours” shall mean all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.

(iii) For facilities or areas other than those covered by paragraph (b)(5)(ii) of this section, the term, “operating hours” will mean all times during which an assembly line is in operation or all times during which testing, maintenance, mileage accumulation, production or compilation of records, or any other procedure or activity related to fuel economy testing, or to vehicle manufacturer or assembly, is being carried out in a facility.

(iv) “Reasonable assistance” means providing timely and unobstructed access to and opportunity for the copying of any record, book, paper, or document required to be maintained under this section and providing timely and unobstructed access to any motor vehicle, testing facility, or testing equipment.

(v) Any entry without 24 hours prior written or oral notification to the affected manufacturer shall be authorized in writing by the Assistant Administrator for Enforcement.

[45 FR 49259, July 24, 1980, as amended at 64 FR 23973, May 4, 1999]

§ 600.006-86 Data and information requirements for fuel economy vehicles.

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(a) For certification vehicles with less than 10,000 miles, the requirements of this section are considered to have been met except as noted in paragraph (c) of this section.

(b)(1) The manufacturer shall submit the following information for each fuel economy data vehicle:

(i) A description of the vehicle, exhaust emission test results, applicable deterioration factors, and adjusted exhaust emission levels.

(ii) A statement of the origin of the vehicle including total mileage accumulation, and modifications (if any) from the vehicle configuration in which the mileage was accumulated. (For modifications requiring advance approval by the Administrator, the name of the Administrator's representative approving the modification and date of approval are required.) If the vehicle was previously used for testing for compliance with part 86 of this chapter or previously accepted by the Administrator as a fuel economy data vehicle in a different configuration, the requirements of this paragraph may be satisfied by reference to the vehicle number and previous configuration.

(iii) A statement that the fuel economy data vehicle, with respect to which data are submitted:

(A) Has been tested in accordance with applicable test procedures,

(B) Is, to the best of the manufacturer's knowledge, representative of the vehicle configuration listed, and

(2) The manufacturer shall retain the following information for each fuel economy data vehicle, and make it available to the Administrator upon request:

(i) A description of all maintenance to engine, emission control system, or fuel system components performed within 2,000 miles prior to fuel economy testing.

(ii) In the case of electric vehicles, the manufacturer should provide a description of all maintenance to electric motor, motor controller, battery configuration, or other components performed within 2,000 miles prior to fuel economy testing.

(iii) A copy of calibrations for engine, fuel system, and emission control devices, showing the calibration of the actual components on the test vehicle as well as the design tolerances.

(iv) In the case of electric vehicles, the manufacturer should provide a copy of calibrations for the electric motor, motor controller, battery configuration, or other components on the test vehicle as well as the design tolerances.

(v) If calibrations for components in paragraph (b) of this section were submitted previously as part of the description of another vehicle or configuration, the original submittal may be referenced.

(1) For vehicles tested to meet the requirements of part 86 (other than those chosen in accordance with §86.084–24 (c) and (h)), the city and highway fuel economy results from all tests on that vehicle, and the test results adjusted in accordance with paragraph (g) of this section.

(2) For each fuel economy data vehicle, all individual test results (excluding results of invalid and zero mile tests) and, if the data are used in fuel economy label calculations, the test results adjusted in accordance with paragraph (g) of this section.

(d) The manufacturer shall submit an indication of the intended purpose of the data (e.g., data required by the general labeling program or voluntarily submitted for specific labeling).

(e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy values derived from an analytical expression, e.g., regression analysis. In order for fuel economy values derived from analytical methods to be accepted, the expression (form and coefficients) must have been approved by the Administrator.

(f) If, in conducting tests required or authorized by this part, the manufacturer utilizes procedures, equipment, or facilities not described in the Application for Certification required in §86.084–21, the manufacturer shall submit to the Administrator a description of such procedures, equipment, and facilities.

(g)(1) The manufacturer shall adjust all test data used for fuel economy label calculations generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:

FE_4,000mi=FE_T [0.979+5.25×10⁻⁶(mi)]⁻¹

Where:

FE_4,000mi=Fuel economy data adjusted to 4,000-mile test point rounded to the nearest 0.1 mpg.

FE_T=Tested fuel economy value rounded to the nearest 0.1 mpg.

mi=System miles accumulated at the start of the test rounded to the nearest whole mile.

(2) For vehicles with 6,200 miles (10,000 kilometers) or less accumulated, the manufacturer is not required to adjust the data.

[49 FR 13848, Apr. 6, 1984, as amended at 50 FR 27185, July 1, 1985]

§ 600.006-87 Data and information requirements for fuel economy vehicles.

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(a) For certification vehicles with less than 10,000 miles, the requirements of this section are considered to have been met except as noted in paragraph (c) of this section.

(b)(1) The manufacturer shall submit the following information for each fuel economy data vehicle:

(i) A description of the vehicle, exhaust emission test results, applicable deterioration factors, and adjusted exhaust emission levels.

(iii) A statement that the fuel economy data vehicle, with respect to which data are submitted:

(A) Has been tested in accordance with applicable test procedures,

(B) Is, to the best of the manufacturer's knowledge, representative of the vehicle configuration listed, and

(2) The manufacturer shall retain the following information for each fuel economy data vehicle, and make it available to the Administrator upon request:

(i) A description of all maintenance to engine, emission control system, or fuel system components performed within 2,000 miles prior to fuel economy testing.

(ii) In the case of electric vehicles, a description of all maintenance to electric motor, motor controller, battery configuration, or other components performed within 2,000 miles prior to fuel economy testing.

(iii) A copy of calibrations for engine, fuel system, and emission control devices, showing the calibration of the actual components on the test vehicle as well as the design tolerances.

(iv) In the case of electric vehicles, a copy of calibrations for the electric motor, motor controller, battery configuration, or other components on the test vehicle as well as the design tolerances.

(v) If calibrations for components specified in paragraph (b)(2) (iii) or (iv) of this section were submitted previously as part of the description of another vehicle or configuration, the original submittal may be referenced.

(1) For vehicles tested to meet the requirements of part 86 (other than those chosen in accordance with §86.085–24 (c) and (h)), the city and highway fuel economy results from all tests on that vehicle, and the test results adjusted in accordance with paragraph (g) of this section.

(2) For each fuel economy data vehicle, all individual test results (excluding results of invalid and zero mile tests) and these test results adjusted in accordance with paragraph (g) of this section.

(d) The manufacturer shall submit an indication of the intended purpose of the data (e.g., data required by the general labeling program or voluntarily submitted for specific labeling).

(f) If, in conducting tests required or authorized by this part, the manufacturer utilizes procedures, equipment, or facilities not described in the Application for Certification required in §86.087–21, the manufacturer shall submit to the Administrator a description of such procedures, equipment, and facilities.

(g)(1) The manufacturer shall adjust all test data used for fuel economy label calculations in subpart D and average fuel economy calculations in subpart F for passenger automobiles within the categories identified in paragraphs (a)(1) and (a)(2) of §600.510. The test data shall be adjusted in accordance with (g)(3) or (g)(4) as applicable.

(2) The manufacturer shall only adjust the test data used for fuel economy label calculations, in subpart D for light trucks within the categories identified in paragraphs (a)(3) through (a)(6) of §600.510. The test data shall be adjusted in accordance with (g)(3) or (g)(4) as applicable.

(3) The manufacturer shall adjust all test data generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:

FE_4,000mi=FE_T[0.979+5.25 × 10⁻⁶ (mi)]⁻¹

Where:

FE_4,000mi=Fuel economy data adjusted to 4,000-mile test point rounded to the nearest 0.1 mpg.

FE_T=Tested fuel economy value rounded to the nearest 0.1 mpg.

mi=System miles accumulated at the start of the test rounded to the nearest whole mile.

(4) For vehicles with 6,200 miles or less accumulated, the manufacturer is not required to adjust the data.

[50 FR 27185, July 1, 1985]

§ 600.006-89 Data and information requirements for fuel economy vehicles.

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(a) For certification vehicles with less than 10,000 miles, the requirements of this section are considered to have been met except as noted in paragraph (c) of this section.

(b)(1) The manufacturer shall submit the following information for each fuel economy data vehicle:

(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 §600.113–93 except as specified in paragraph (h) of this section.

(ii) A statement of the origin of the vehicle including total mileage accumulation, and modification (if any) form the vehicle configuration in which the mileage was accumulated. (For modifications requiring advance approval by the Administrator, the name of the Administrator's representative approving the modification and date of approval are required.) If the vehicle was previously used for testing for compliance with part 86 of this chapter or previously accepted by the Administrator as a fuel economy data vehicle in a different configuration, the requirements of this paragraph may be satisfied by reference to the vehicle number and previous configuration.

(iii) A statement that the fuel economy data vehicle, with respect to which data are submitted:

(A) Has been tested in accordance with applicable test procedures,

(B) Is, to the best of the manufacturer's knowledge, representative of the vehicle configuration listed, and

(2) The manufacturer shall retain the following information for each fuel economy data vehicle, and make it available to the Administrator upon request:

(i) A description of all maintenance to engine, emission control system, or fuel system, or fuel system components performed within 2,000 miles prior to fuel economy testing.

(iii) A copy of calibrations for engine, fuel system, and emission control devices, showing the calibration of the actual components on the test vehicle as well as the design tolerances.

(1) For vehicles tested to meet the requirements of 40 CFR part 86 (other than those chosen in accordance with 40 CFR 86.1829–01(a) or 40 CFR 86.1844–01), the city and highway fuel economy results from all tests on that vehicle, and the test results adjusted in accordance with paragraph (g) of this section.

(d) The manufacturer shall submit an indication of the intended purpose of the data (e.g., data required by the general labeling program or voluntarily submitted for specific labeling).

(f) If, in conducting tests required or authorized by this part, the manufacturer utilizes procedures, equipment, or facilities not described in the Application for Certification required in 40 CFR 86.087–21 or 40 CFR 86.1844–01 as applicable, the manufacturer shall submit to the Administrator a description of such procedures, equipment, and facilities.

(g)(1) The manufacturer shall adjust all test data used for fuel economy label calculations in subpart D and average fuel economy calculations in subpart F for the classes of automobiles within the categories identified in paragraphs (a)(1) through (6) of §600.510. The test data shall be adjusted in accordance with paragraph (g) (3) or (4) as applicable.

(2) [Reserved]

(3) The manufacturer shall adjust all test data generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:

FE_4,000mi=FE_T[0.979+5.25×10⁻⁶ (mi)]⁻¹

Where:

FE_4,000mi=Fuel economy data adjusted to 4,000-mile test point rounded to the nearest 0.1 mpg.

FE_T=Tested fuel economy value rounded to the nearest 0.1 mpg.

mi=System miles accumulated at the start of the test rounded to the nearest whole mile.

(4) For vehicles with 6,200 miles or less accumulated, the manufacturer is not required to adjust the data.

(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 §86.094–2 of this chapter; or

(2) Loaded Vehicle Weight (LVW) as defined in §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.

[51 FR 37850, Oct. 24, 1986, as amended at 59 FR 39652, Aug. 3, 1994; 64 FR 23973, May 4, 1999]

§ 600.007-80 Vehicle acceptability.

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(a) All certification vehicles and other vehicles tested to meet the requirements of 40 CFR part 86 (other than those chosen per 40 CFR 86.080–24(c) or 40 CFR 86.1829–01(a) as applicable, are considered to have met the requirements of this section.

(b) Any vehicle not meeting the provisions of paragraph (a) must be judged acceptable by the Administrator under this section in order for the test results to be reviewed for use in subpart C or F of this part. The Administrator will judge the acceptability of a fuel economy data vehicle on the basis of the information supplied by the manufacturer under §600.006(b). The criteria to be met are:

(1) A fuel economy data vehicle may have accumulated not more than 10,000 miles. A vehicle will be considered to have met this requirement if the engine and drivetrain have accumulated 10,000 or fewer miles. The components installed for a fuel economy test are not required to be the ones with which the mileage was accumulated, e.g., axles, transmission types, and tire sizes may be changed. The Administrator will determine if vehicle/engine component changes are acceptable.

(2) A vehicle may be tested in different vehicle configurations by change of vehicle components, as specified in paragraph (b)(1) of this section, or by testing in different inertia weight classes. Also, a single vehicle may be tested under different test conditions, i.e., test weight and/or road load horsepower, to generate fuel economy data representing various situations within a vehicle configuration. For purposes of this part, data generated by a single vehicle tested in various test conditions will be treated as if the data were generated by the testing of multiple vehicles.

(3) The mileage on a fuel economy data vehicle must be, to the extent possible, accumulated according to 40 CFR 86.079–26(a)(2) or 40 CFR 86.1831–01 as applicable.

(4) Each fuel economy data vehicle must meet the same exhaust emission standards as certification vehicles of the respective engine-system combination during the test in which the city fuel economy test results are generated. The deterioration factors established for the respective engine-system combination per §86.079–28 or §86.1841–01 as applicable will be used.

(5) The calibration information submitted under §600.006(b) must be representative of the vehicle configuration for which the fuel economy data were submitted.

(6) Any vehicle tested for fuel economy purposes must be representative of a vehicle which the manufacturer intends to produce under the provisions of a certificate of conformity.

(7) For vehicles imported under §85.1509 or §85.1511 (b)(2), (b)(4), (c)(2), (c)(4), or (e)(2) (when applicable) only the following requirements must be met:

(i) For vehicles imported under §85.1509, a highway fuel economy value must be generated contemporaneously with the emission test used for purposes of demonstrating compliance with §85.1509. No modifications or adjustments should be made to the vehicles between the highway fuel economy and the FTP emissions test.

(ii) For vehicles imported under §85.1509 or §85.1511 (b)(2), (b)(4), (c)(2), (c)(4) or (e)(2) (when applicable) with over 10,000 miles, the equation in §600.006–86 (g)(1) shall be used as though only 10,000 miles had been accumulated.

(iii) Any required fuel economy testing must take place after any safety modifications are completed for each vehicle as required by regulations of the Department of Transportation.

(iv) Every vehicle imported under §85.1509 or §85.1511 (b)(2), (b)(4), (c)(2), (c)(4) or (e)(2) (when applicable) shall be considered a separate type for the purposes of calculating a fuel economy label for a manufacturer's average fuel economy.

(c) If, based on review of the information submitted under §600.006(b), the Administrator determines that a fuel economy data vehicle meets the requirements of this section, the fuel economy data vehicle will be judged to be acceptable and fuel economy data from that fuel economy data vehicle will be reviewed pursuant to §600.008.

(d) If, based on the review of the information submitted under §600.006(b), the Administrator determines that a fuel economy data vehicle does not meet the requirements of this section, the Administrator will reject that fuel economy data vehicle and inform the manufacturer of the rejection in writing.

(e) If, based on a review of the emission data for a fuel economy data vehicle, submitted under §600.006(b), or emission data generated by a vehicle tested under §600.008(e), the Administrator finds an indication of non-compliance with section 202 of the Clean Air Act, 42 U.S.C. 1857 et seq. of the regulation thereunder, he may take such investigative actions as are appropriate to determine to what extent emission non-compliance actually exists.

(1) The Administrator may, under the provisions of 40 CFR 86.079–37(a) or 40 CFR 86.1830–01 as applicable, request the manufacturer to submit production vehicles of the configuration(s) specified by the Administrator for testing to determine to what extent emission noncompliance of a production vehicle configuration or of a group of production vehicle configurations may actually exist.

(2) If the Administrator determines, as a result of his investigation, that substantial emission non-compliance is exhibited by a production vehicle configuration or group of production vehicle configurations, he may proceed with respect to the vehicle configuration(s) as provided under section 206(b)(2) or section 207(c)(1), as applicable of the Clean Air Act, 42 U.S.C. 1857 et seq.

(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:

(1) The data may be used in the calculation of any approved general or specific label value, or

(2) The data will be used in any calculations under subpart F, except that vehicles imported under §§85.1509 and 85.1511 need not be covered by a certificate of conformity.

[42 FR 45657, Sept. 12, 1977, as amended at 43 FR 52928, Nov. 14, 1978; 49 FR 48149, Dec. 10, 1984; 52 FR 36164, Sept. 25, 1987; 59 FR 39652, Aug. 3, 1994; 64 FR 23973, May 4, 1999]

§ 600.008-01 Review of fuel economy data, testing by the Administrator.

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(a) Testing by the Administrator. (1) The Administrator may require that any one or more of the test vehicles be submitted to the Agency, at such place or places as the Agency may designate, for the purposes of conducting fuel economy tests. The Administrator may specify that such testing be conducted at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.

(2) Retesting and official data determination. For any vehicles selected for confirmatory testing under the provisions of paragraph (a)(1) of this section, the Administrator will follow this procedure:

(i) The manufacturer's data (or harmonically averaged data if more than one test was conducted) will be compared with the results of the Administrator's test.

(ii) If, in the Administrator's judgment, the comparison in paragraph (a)(2)(i) of this section indicates a disparity in the data, the Administrator will repeat the city test or the highway test or both as applicable.

(A) The manufacturer's average test results and the results of the Administrator's first test will be compared with the results of the Administrator's second test as in paragraph (a)(2)(i) of this section.

(B) If, in the Administrator's judgment, both comparisons in paragraph (a)(2)(i)(A) of this section, indicate a disparity in the data, the Administrator will repeat the city fuel economy test or highway fuel economy test or both as applicable until:

(1) In the Administrator's judgment no disparity in the data is indicated by comparison of two tests by the Administrator or by comparison of the manufacturer's average test results and a test by the Administrator; or

(2) Four city tests or four highway tests or both, as applicable, are conducted by the Administrator in which a disparity in the data is indicated when compared as in paragraph (a)(2)(ii) of this section.

(iii) If there is, in the Administrator's judgment, no disparity indicated by comparison of manufacturer's average test results with a test by the Administrator, the test values generated by the Administrator will be used to represent the vehicle.

(iv) If there is, in the Administrator's judgment, no disparity indicated by comparison of two tests by the Administrator, the harmonic averages of the city and highway fuel economy results from those tests will be used to represent the vehicle.

(v) If the situation in paragraph (a)(2)(ii)(B)(2) of this section occurs, the Administrator will notify the manufacturer, in writing, that the Administrator rejects that fuel economy data vehicle.

(b) Manufacturer-conducted confirmatory testing. (1) If the Administrators determines not to conduct a confirmatory test under the provisions of paragraph (a) of this section, manufacturers will conduct a confirmatory test at their facility after submitting the original test data to the Administrator whenever any of the following conditions exist:

(i) The vehicle configuration has previously failed an emission standard;

(ii) The test exhibits high emission levels determined by exceeding a percentage of the standards specified by the Administrator for that model year;

(iii) The fuel economy value of the test is higher than expected based on procedures approved by the Administrator;

(iv) The fuel economy value is close to a Gas Guzzler Tax threshold value based on tolerances established by the Administrator for that model year; or

(v) The fuel economy value is a potential fuel economy leader for a class of vehicles based on Administrator provided cut points for that model year.

(2) If the Administrator selects the vehicle for confirmatory testing based on the manufacturer's original test results, the testing shall be conducted as ordered by the Administrator. In this case, the manufacturer-conducted confirmatory testing specified under paragraph (b)(1) of this section would not be required.

(3) The manufacturer shall conduct a retest of the FTP or highway test if the difference between the fuel economy of the confirmatory test and the original manufacturer's test equals or exceeds three percent (or such lower percentage to be applied consistently to all manufacturer conducted confirmatory testing as requested by the manufacturer and approved by the Administrator).

(i) The manufacturer may, in lieu of conducting a retest, accept the lower of the original and confirmatory test fuel economy results for use in subpart C or F of this part.

(ii) The manufacturer shall conduct a second retest of the FTP or highway test if the fuel economy difference between the second confirmatory test and the original manufacturer test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator) and the fuel economy difference between the second confirmatory test and the first confirmatory test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator). The manufacturer may, in lieu of conducting a second retest, accept the lowest of the original test, the first confirmatory test, and the second confirmatory test fuel economy results for use in subpart C or F of this part.

(c) Review of fuel economy data. (1) Fuel economy data must be judged reasonable and representative by the Administrator in order for the test results to be used for the purposes of subpart C or F of this part. In making this determination, the Administrator will, when possible, compare the results of a test vehicle to those of other similar test vehicles.

(2) If testing was conducted by the Administrator under the provisions of paragraph (a) of this section, the fuel economy data determined by the Administrator under paragraph (a) of this section, together with all other fuel economy data submitted for that vehicle under §600.006(c) or (e) will be evaluated for reasonableness and representativeness per paragraph (c)(1) of this section.

(i) The fuel economy data which are determined to best meet the criteria of paragraph (c) (1) of this section will be accepted for use in subpart C or F of this part.

(ii) City and highway test data will be considered separately.

(iii) If more than one test was conducted, the Administrator may select an individual test result or the harmonic average of selected test results to satisfy the requirements of paragraph (c)(2)(i) of this section.

(3) If confirmatory testing was not conducted by the Administrator but confirmatory testing was conducted by the manufacturer under the provisions of paragraph (b) of this section, the fuel economy data determined by the Administrator under paragraph (b) of this section, will be evaluated for reasonableness and representativeness per paragraph (c)(1) of this section.

(i) The fuel economy data which are determined to best meet the criteria of paragraph (c)(1) of this section will be accepted for use in subpart C or F of this part.

(ii) City and highway test data will be considered separately.

(4) If no confirmatory testing was conducted by either the Administrator or the manufacturer under the provisions of paragraph (a) and (b) of this section, respectively, then the data submitted under the provisions of §600.006(c) or (e) shall be accepted for use in subpart C or F of this part.

(i) City and highway test data will be considered separately.

(ii) If more than one test was conducted, the harmonic average of the test results shall be accepted for use in subpart C or F of this part.

(d) If, based on a review of the fuel economy data generated by testing under paragraph (a) of this section, the Administrator determines that an unacceptable level of correlation exists between fuel economy data generated by a manufacturer and fuel economy data generated by the Administrator, he/she may reject all fuel economy data submitted by the manufacturer until the cause of the discrepancy is determined and the validity of the data is established by the manufacturer.

(e)(1) If, based on the results of an inspection conducted under §600.005(b) or any other information, the Administrator has reason to believe that the manufacturer has not followed proper testing procedures or that the testing equipment is faulty or improperly calibrated, or if records do not exist that will enable him to make a finding of proper testing, the Administrator may notify the manufacturer in writing of his finding and require the manufacturer to:

(i) Submit the test vehicle(s) upon which the data are based or additional test vehicle(s) at a place he may designate for the purpose of fuel economy testing.

(ii) Conduct such additional fuel economy testing as may be required to demonstrate that prior fuel economy test data are reasonable and representative.

(2) Previous acceptance by the Administrator of any fuel economy test data submitted by the manufacturer shall not limit the Administrator's right to require additional testing under paragraph (h)(1) of this section.

(3) If, based on tests required under paragraph (e)(1) of this section, the Administrator determines that any fuel economy data submitted by the manufacturer and used to calculate the manufacturer's fuel economy average was unrepresentative, the Administrator may recalculate the manufacturer's fuel economy average based on fuel economy data that he/she deems representative.

(4) A manufacturer may request a hearing as provided in §600.009 if the Administrator decides to recalculate the manufacturer's average pursuant to determinations made relative to this section.

[64 FR 23973, May 4, 1999]

§ 600.008-77 Review of fuel economy data, testing by the Administrator.

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(a) Fuel economy data must be judged acceptable by the Administrator in order for the test results to be used for the purposes of subpart C or F of this part. The Administrator will evaluate the acceptability of the fuel economy data from either a fuel economy data vehicle or a certification vehicle on the basis of the data submitted under §600.006 or test data generated by the Administrator, as applicable, in accordance with good engineering practice.

(b) If, in the Administrator's judgment, the city and highway fuel economy results (or the harmonic averages, as applicable, if more than one test were conducted) for a fuel economy data vehicle, or for a certification vehicle, are reasonable and representative, the Administrator will accept the fuel economy data (or harmonic averages, as applicable, of the city and highway fuel economy data if more than one test was conducted) for use in subpart C or F of this part. In making this determination, the Administrator will, when possible, compare the results of a test vehicle to those of other similar test vehicles.

(c) If, in the Administrator's judgment, the city and highway fuel economy results (or the harmonic averages if more than one test were conducted) for a fuel economy data vehicle or for a certification vehicle are not reasonable or representative, the Administrator will notify the manufacturer in writing of his finding and require the manufacturer to submit the test vehicle(s) in question, at a place he may designate, for the purpose of fuel economy testing.

(d) The Administrator may require that any fuel economy data vehicle or certification vehicle be submitted, at a place he may designate, for the purpose of confirmation of fuel economy testing.

(e) For any fuel economy data vehicle that the Administrator has required to be submitted, at a place he may designate for the purpose of fuel economy testing, and for any certification vehicle, the Administrator will follow this procedure:

(1) The manufacturer's data (or harmonically averaged data if more than one test was conducted) will be compared with the results of the Administrator's test.

(2) If, in the Administrator's judgment, the comparison in paragraph (e)(1) of this section indicates a disparity in the data, the Administrator will repeat the city test or the highway test or both as applicable.

(i) The manufacturer's average test results and the results of the Administrator's first test will be compared with the results of the Administrator's second test as in paragraph (e)(1) of this section.

(ii) If, in the Administrator's judgment, both comparisons in (e)(2)(i) of this section, indicate a disparity in the data, the Administrator will repeat the city fuel economy test or highway fuel economy test or both as applicable until:

(A) In the Administrator's judgment no disparity in the data is indicated by comparison of two tests by the Administrator or by comparison of the manufacturer's average test results and a test by the Administrator, or

(B) Four city tests or four highway tests or both, as applicable, are conducted by the Administrator in which a disparity in the data is indicated when compared as in paragraph (e)(2) of this section.

(3) If there is, in the Administrator's judgment, no disparity indicated by comparison of manufacturer's average test results with a test by the Administrator, the test values generated by the Administrator will be used to represent the vehicle.

(4) If there is, in the Administrator's judgment, no disparity indicated by comparison of two tests by the Administrator, the harmonic averages of the city and highway fuel economy results from those tests will be used to represent the vehicle.

(5) If the situation in paragraph (e)(2)(ii)(B) of this section occurs, the Administrator will notify the manufacturer, in writing, that the Administrator rejects that fuel economy data vehicle.

(f) The fuel economy data determined by the Administrator under paragraph (e) (3) or (4) of this section, together with all other fuel economy data submitted for that vehicle under §600.006 (c) or (e) will be evaluated for reasonableness and representativeness per paragraph (b) of this section. The fuel economy data which are determined to best meet the criteria of paragraph (b) of this section will be accepted for use in subpart C or F of this part.

(g) If, based on a review of the fuel economy data generated by testing under paragraph (e) of this section, the Administrator determines that an unacceptable level of correlation exists between fuel economy data generated by a manufacturer and fuel economy data generated by the Administrator, he may reject all fuel economy data submitted by the manufacturer until the cause of the discrepancy is determined and the validity of the data is established by the manufacturer.

(h)(1) If, based on the results of an inspection conducted under §600.005(b) or any other information, the Administrator has reason to believe that the manufacturer has not followed proper testing procedures or that the testing equipment is faulty or improperly calibrated, or if records do not exist that will enable him to make a finding of proper testing, the Administrator may notify the manufacturer in writing of his finding and require the manufacturer to:

(i) Submit the test vehicle(s) upon which the data are based or additional test vehicle(s) at a place he may designate for the purpose of fuel economy testing.

(ii) Conduct such additional fuel economy testing as may be required to demonstrate that prior fuel economy test data are reasonable and representative.

(3) If, based on tests required under paragraph (h)(1) of this section, the Administrator determines that any fuel economy data submitted by the manufacturer and used to calculate the manufacturer's fuel economy average was unrepresentative, the Administrator may recalculate the manufacturer's fuel economy average based on fuel economy data that he deems representative.

(4) A manufacturer may request a hearing as provided in §600.009 if the Administrator decides to recalculate the manufacturer's average pursuant to determinations made relative to this section.

[41 FR 38685, Sept. 10, 1976, as amended at 41 FR 49760, Nov. 10, 1976]

§ 600.009-85 Hearing on acceptance of test data.

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(a)(1) If the Administrator rejects the following:

(i) The use of a manufacturer's fuel economy data vehicle, in accordance with§600.008 (e) or (g), or

(ii) The use of fuel economy data, in accordance with §600.008 (c), or (f), or

(iii) The determination of a vehicle configuration, in accordance with §600.206(a), or

(iv) The identification of a car line, in accordance with §600.002(a)(20), or

(v) The fuel economy label values determined by the manufacturer under §600.312(a), then

(2)(i) The manufacturer may, within 30 days following receipt of notification of rejection, request a hearing on the Administrator's decision.

(ii) The request must be in writing, signed by an authorized representative of the manufacturer, and include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objection.

(iii) If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue(s), the Administrator shall provide the manufacturer with an opportunity to request a hearing in accordance with the provisions of this section with respect to such issue(s).

(b)(1) After granting a request for a hearing under paragraph (a) of this section the Administrator will designate a Presiding Officer for the hearing.

(2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section.

(3) If a time and place for the hearing has not been fixed by the Administrator under paragraph (a) of this section the hearing will be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer.

(c)(1) Upon his appointment pursuant to paragraph (a) of this section, the Presiding Officer shall establish a hearing file. The file consists of the notice issued by the Administrator under paragraph (a) of this section together with any accompanying material, the request for a hearing and the supporting data submitted therewith and correspondence and other data material to the hearing.

(2) The hearing file will be available for inspection by the applicant at the office of the Presiding Officer.

(d) A manufacturer may appear in person, or may be represented by counsel or by any other duly authorized representative.

(e)(1) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by the Presiding Officer to consider the following:

(i) Simplification and clarification of the issue;

(ii) Stipulations, admissions of fact, and the introduction of documents;

(iii) Limitation of the number of expert witnesses;

(iv) Possibility of agreement disposing of all or any of the issues in dispute;

(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.

(2) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record.

(f)(1) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.

(2) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of 19 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States.

(3) Any witnesses may be examined or cross-examined by the Presiding Officer, the parties, or their representatives.

(4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.

(5) All written statements, charts, tabulations, and similar data offered in evidence at the hearing shall, upon a showing satisfactory to the Presiding Officer of their authority, relevancy, and materiality, be received in evidence and shall constitute a part of the record.

(6) Oral argument may be permitted in the discretion of the Presiding Officer and will be reported as part of the record unless otherwise ordered.

(g)(1) The Presiding Officer will make an initial decision which shall include written findings and conclusions and the reasons or basis therefore on all material issues of fact, law or discretion presented on the record. The findings, conclusions, and written decisions shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed.

(2) On appeal from or review of the initial decision the Administrator will have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administration will include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law or discretion presented on the appeal or considered in the review.

(h) A manufacturer's use of any fuel economy data which the manufacturer challenges pursuant to this section shall not constitute final acceptance by the manufacturer nor prejudice the manufacturer in the exercise of any appeal pursuant to this section challenging such fuel economy data.

[49 FR 13844, Apr. 6, 1984; 49 FR 48149, Dec. 10, 1984]

§ 600.010-86 Vehicle test requirements and minimum data requirements.

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(a) For each certification vehicle defined in this part, and for each vehicle tested according to the emission test procedures in 40 CFR part 86 for addition of a model after certification or approval of a running change (40 CFR 86.079–32, 86.079–33 and 86.082–34 or 40 CFR 86.1842–01 as applicable):

(1) The manufacturer shall generate city fuel economy data by testing according to the applicable procedures.

(2) The manufacturer shall generate highway fuel economy data by:

(i) Testing according to applicable procedures, or

(ii) Using an analytical technique, as described in §600.006(e).

(3) The data generated in paragraphs (a) (1) and (2) of this section, shall be submitted to the Administrator in combination with other data for the vehicle required to be submitted in part 86.

(b) For each fuel economy data vehicle:

(1) The manufacturer shall generate city fuel economy data and highway fuel economy data by:

(i) Testing according to applicable procedures, or

(ii) Use of an analytical technique as described in §600.006(e), in addition to testing (e.g., city fuel economy data by testing, highway fuel economy data by analytical technique).

(2) The data generated shall be submitted to the Administrator according to the procedures in §600.006.

(c) Minimum data requirements for labeling. (1) In order to establish fuel economy label values under §600.306, the manufacturer shall use only test data accepted in accordance with §600.008 (b) and (f) and meeting the minimum coverage of:

(i) Data required for emission certification under 40 CFR 86.084–24, 86.079–32, 86.079–33, and 86.082–34 or 40 CFR 86.1828–01 and 86.1842–01 as applicable,

(ii) Data from the highest projected model year sales subconfiguration within the highest projected model year sales configuration for each base level, and

(iii) For additional model types established under §600.207(a)(2), data from each subconfiguration included within the model type.

(2) For the purpose of recalculating fuel economy label values as required under §600.314(b), the manufacturer shall submit data required under §600.507.

(d) Minimum data requirements for the manufacturer's average fuel economy. For the purpose of calculating the manufacturer's average fuel economy under §600.510, the manufacturer shall submit data representing at least 90 percent of the manufacturer's actual model year production, by configuration, for each category identified for calculation under §600.510(a).

[49 FR 13848, Apr. 6, 1984, as amended at 64 FR 23975, May 4, 1999]

§ 600.011-93 Reference materials.

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(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, 1200 Pennsylvania Ave., NW., Washington, DC 20460, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(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 §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.

 ------------------------------------------------------------------------      Document number and name             40 CFR part 600 reference------------------------------------------------------------------------ASTM E 29-67 (Reapproved 1973)        600.002-93(a)(30); 600.113-93(d) Standard Recommended Practice for Indicating which Places of Figures are to be Considered Significant in Specified Limiting Values.ASTM D 1298-85 (Reapproved 1990)      600.113-93(c)(1)(i), (c)(2)(i)(A), Standard Practice for Density,        (c)(2)(i)(B), (c)(2)(ii); 600.510- Relative Density (Specific            93 (g)(1)(ii)(B), (g)(2)(ii)(B). Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method.ASTM D 3343-90 Standard Test Method   600.113-93(c)(1)(ii), (c)(2)(ii). for Estimation of Hydrogen Content of Aviation Fuels.ASTM D 3338-92 Standard Test Method   600.113-93(c)(1)(iii). for Estimation of Net Heat of Combustion of Aviation Fuels.ASTM D 240-92 Standard Test Method    600.113-93(c)(2)(iii); 600.510-93 for Heat of Combustion of Liquid      (g)(1)(ii)(A), (g)(2)(ii)(A). Hydrocarbon Fuels by Bomb Calorimeter.------------------------------------------------------------------------

(2) [Reserved]

[59 FR 39652, Aug. 3, 1994, as amended at 69 FR 18803, Apr. 9, 2004]

Subpart B—Fuel Economy Regulations for 1978 and Later Model Year Automobiles—Test Procedures

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Source: 42 FR 45657, Sept. 12, 1977, unless otherwise noted.

§ 600.101-86 General applicability.

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(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.

[49 FR 13849, Apr. 6, 1984]

§ 600.101-93 General applicability.

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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.

[59 FR 39652, Aug. 3, 1994]

§ 600.102-78 Definitions.

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The definitions in §600.002 apply to this subpart.

§ 600.103-78 Abbreviations.

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The abbreviations in §600.003 apply to this subpart.

§ 600.104-78 Section numbering, construction.

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The section numbering system set forth in §600.004 applies to this subpart.

§ 600.105-78 Recordkeeping.

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The recordkeeping requirements set forth in §600.005 apply to this subpart.

§ 600.106-78 Equipment requirements.

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The requirements for test equipment to be used for all fuel economy testing are given in §§86.106, 86.107, 86.108, 86.109, and 86.111 of this chapter, as applicable.

§ 600.107-78 Fuel specifications.

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(a) The test fuel specifications for gasoline-fueled automobiles are given in paragraph (a)(1) of §86.113 of this chapter.

(b) The test fuel specifications for diesel automobiles are given in paragraphs (b) (1) and (2) of §86.113 of this chapter.

§ 600.107-93 Fuel specifications.

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(a) The test fuel specifications for gasoline-fueled automobiles are given in §86.113(a) (1) and (2) of this chapter.

(b) The test fuel specifications for diesel-fueled automobiles are given in §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 §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 §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 §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 §86.090–21(b)(3) of this chapter.

[59 FR 39652, Aug. 3, 1994]

§ 600.108-78 Analytical gases.

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The analytical gases for all fuel economy testing must meet the criteria given in §86.114 of this chapter.

§ 600.109-78 EPA driving cycles.

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(a) The driving cycle to be utilized for generation of the city fuel economy data is prescribed in §86.115 of this chapter.

(b) The driving cycle to be utilized for generation of the highway fuel economy data is specified in this paragraph.

(1) The Highway Fuel Economy Driving Schedule is set forth in appendix I to this part. The driving schedule is defined by a smooth trace drawn through the specified speed versus time relationships.

(2) The speed tolerance at any given time on the dynamometer driving schedule specified in appendix I, or as printed on a driver's aid chart approved by the Administrator, when conducted to meet the requirements of paragraph (b) of §600.111 is defined by upper and lower limits. The upper limit is 2 mph higher than the highest point on trace within 1 second of the given time. The lower limit is 2 mph lower than the lowest point on the trace within 1 second of the given time. Speed variations greater than the tolerances (such as may occur during gear changes) are acceptable provided they occur for less than 2 seconds on any occasion. Speeds lower than those prescribed are acceptable provided the vehicle is operated at maximum available power during such occurrences.

(3) A graphic representation of the range of acceptable speed tolerances is found in paragraph (c) of §86.115 of this chapter.

§ 600.110-78 Equipment calibration.

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The equipment used for fuel economy testing must be calibrated according to the provisions of §86.116 of this chapter.

§ 600.111-80 Test procedures.

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(a) The test procedures to be followed for generation of the city fuel economy data are those prescribed in §§86.127–94 through 86.138–78 of this chapter, as applicable. (The evaporative and refueling loss portions 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 §600.111–78 (b) through (h) inclusive.

(1) The Highway Fuel Economy Dynamometer Procedure consists of a preconditioning highway driving sequence and a measured highway driving sequence.

(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 §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. 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, §§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 evaporation 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 °F–86 °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 °F–86 °F, the vehicle must be preconditioned by operation on a dynamometer through one cycle of the EPA Urban Dynamometer Driving Schedule, §86.115 of this chapter.

(2) In unusual circumstances where additional preconditioning is desired by the manufacturer, the provisions of paragraph (a)(3) of §86.132 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 (§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 §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.

(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 paragraphs (d) and (e) of §86.136 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 §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 fan(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 paragraphs (b) (3) through (5) inclusive of §86.137 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 paragraph (b) of §600.109.

(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 paragraph (b) of §600.109 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.

[42 FR 45657, Sept. 12, 1977, as amended at 43 FR 52929, Nov. 14, 1978; 59 FR 16309, Apr. 6, 1994]

§ 600.111-93 Test procedures.

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(a) The test procedures to be followed for generation of the city fuel economy data are those prescribed in §§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).

(c) Transmission. The provisions of §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, §§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.

(2) In unusual circumstances where additional preconditioning is desired by the manufacturer, the provisions of §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 (§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 §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.

(2) False starts and stalls during the preconditioning cycle must be treated as in 40 CFR 86.136 (d) and (e). 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 40 CFR 86.079–25 or 40 CFR 86.1834–01 as applicable, 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 §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 §600.109(b).

(7) Operate the vehicle over one Highway Fuel Economy Driving Schedule cycle according to the dynamometer driving schedule specified in §600.109(b) while sampling the exhaust gas.

(i) For methanol dual fuel automobiles, the procedures of §600.111 (a) and (b) shall be performed for each of the required test fuels:

(1) Gasoline or diesel fuel as specified in §600.107 (a) and (b); and

(2) Methanol fuel as specified in §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.

[59 FR 39652, Aug. 3, 1994, as amended at 64 FR 23975, May 4, 1999]

§ 600.112-78 Exhaust sample analysis.

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The exhaust sample analysis must be performed according to §86.140 of this chapter.

§ 600.113-78 Fuel economy calculations.

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The calculations of vehicle fuel economy values require the weighted grams/mile values for HC, CO, and CO₂ for the city fuel economy test and the grams/mile values for HC, CO, and CO₂ for the highway fuel economy test. The city and highway fuel economy values must be calculated by the procedures of this section. A sample calculation 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 as specified in §86.144 of this chapter.

(b)(1) Calculate the mass values for the highway fuel economy test for HC, CO, and CO₂ as specified in paragraph (b) of §86.144 of this chapter.

(2) Calculate the grams/mile values for the highway test for HC, CO, and CO₂ by dividing the mass values obtained in (b)(1) by the actual distance traveled, measured in miles, as specified in paragraph (h) of §86.135 of this chapter.

(c) Calculate the city fuel economy and highway fuel economy from grams/mile values for HC, CO, and CO₂. The emission values (obtained per paragraph (a) or (b) as applicable) used in each calculation of this section shall be rounded in accordance with §86.079–26(a)(6)(ii). The CO₂ values (obtained per paragraph (a) or (b) of this section as applicable) used in each calculation in this section are rounded to the nearest gram/mile.

(d) For gasoline-fueled automobiles, calculate the fuel economy in miles per gallon of gasoline by dividing 2421 by the sum of three terms:

(1) 0.866 multiplied by HC (in grams/miles as obtained in paragraph (c)),

(2) 0.429 multiplied by CO (in grams/miles as obtained in paragraph (c), and

(3) 0.273 multiplied by CO₂ (in grams/mile as obtained in paragraph (c) of this section).

Round to quotient to the nearest 0.1 mile per gallon.

(e) For diesel powered automobiles, calculate the fuel economy in miles per gallon of diesel fuel by dividing 2778 by the sum of three terms:

(1) 0.866 multiplied by HC (in grams/mile as obtained in paragraph (c) of this section),

(2) 0.429 multiplied by CO (in grams/mile as obtained in paragraph (c)), and

(3) 0.273 multiplied by CO₂ (in grams/mile as obtained in paragraph (c)).

Round the quotient to the nearest 0.1 mile per gallon.

[42 FR 45657, Sept. 12, 1977, as amended at 43 FR 52929, Nov. 14, 1978]

§ 600.113-88 Fuel economy calculations.

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The Administrator will use the calculation procedure set forth in this paragraph for all official EPA tests. For the 1988 model year, manufacturers may choose to use this procedure or use the calculation procedure described in §600.113–78. However, once a manufacturer uses this procedure, it must be used for all subsequent tests. This procedure must be used by manufacturers for 1989 and later model years. The calculations of the weighted fuel economy values require input of the weighted grams/mile values for HC, CO and CO₂ for both the city fuel economy test and the highway fuel economy test. Additionally, for tests of gasoline-fueled vehicles, 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 as specified in §86.144 of this chapter. For tests of gasoline-fueled vehicles, 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 as specified in paragraph (b) of §86.144 of this chapter. For tests of gasoline-fueled vehicles, 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 by dividing the mass values obtained in paragraph (b)(1) of this section, by the actual distance traveled, measured in miles, as specified in paragraph (h) of §86.135 of this chapter.

(c) 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:

(1) Specific gravity per ASTM D 1298.

(2) Carbon weight fraction per ASTM D 3343.

(3) Net heating value (Btu/lb) per ASTM D 3338.

(d) Calculate the city fuel economy and highway fuel economy from the grams/mile values for HC, CO, CO₂ and, for test of gasoline-fueled vehicles, 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 §86.084–26(a)(6)(iii). 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 29–67.

(e) For gasoline-fueled automobiles, the fuel economy in miles per gallon is to be calculated using the following equation:

mpg=(5174×10⁴ ×CWF×SG)/

[((CWF×HC)+(0.429×CO))+(0.273×CO₂))

×((0.6×SG×NHV)+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.

Round the calculated result to the nearest 0.1 miles per gallon.

(f) For diesel automobiles, calculate the fuel economy in miles per gallon of diesel fuel by dividing 2778 by the sum of three terms:

(1) 0.866 multiplied by HC (in grams/miles as obtained in paragraph (d) of this section),

(2) 0.429 multiplied by CO (in grams/mile as obtained in paragraph (d) of this section), and

(3) 0.273 multiplied by CO₂ (in grams/mile as obtained in paragraph (d) of this section).

Round the quotient to the nearest 0.1 mile per gallon.

[51 FR 37851, Oct. 24, 1986]

§ 600.113-93 Fuel economy calculations.

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The Administrator will use the calculation procedure set forth in this paragraph for all official EPA testing of vehicles fueled with gasoline, diesel, methanol or natural gas fuel. The calculations of the weighted fuel economy values require input of the weighted grams/mile values for total hydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (CO₂); and, additionally for methanol-fueled automobiles, methanol (CH₃ OH) and formaldehyde (HCHO); and additionally for natural gas-fueled vehicles non-methane hydrocarbons (NMHC) and methane (CH₄) 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, CH₃ OH and HCHO; and additionally for natural gas-fueled automobiles NMHC and CH₄ as specified in §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 where applicable CH₃ OH, HCHO, NMHC and CH₄ as specified in §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 where applicable CH₃ OH, HCHO, NMHC and CH₄ by dividing the mass values obtained in paragraph (b)(1) of this section, by the actual distance traveled, measured in miles, as specified in §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 §600.011–93).

(ii) Carbon weight fraction per ASTM D 3343 (Incorporated by reference as specified in §600.011–93).

(iii) Net heating value (Btu/lb) per ASTM D 3338 (Incorporated by reference as specified in §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 §600.011–93) for the blend or:

(B) ASTM D 1298 (incorporated by reference as specified in §600.011–93) for the gasoline fuel component and also for the methanol fuel component and combining as follows:

SG=SG_g×volume fraction gasoline+SG_m×volume fraction methanol.

(ii)(A) Carbon weight fraction using the following equation:

CWF=CWF_g×MF_g+0.375×MF_m

Where:

CWF_g=Carbon weight fraction of gasoline portion of blend per ASTM D 3343 (incorporated by reference as specified in §600.011–93).

MF_g=Mass fraction gasoline=(GxSG_g)/(GxSG_g+MxSG_m)

MF_m=Mass fraction methanol=(MxSG_m)/(GxSG_g+MxSG_m)

Where:

G=Volume fraction gasoline

M=Volume fraction methanol

SG_g=Specific gravity of gasoline as measured by ASTM D 1298 (Incorporated by reference as specified in §600.011–93).

SG_m=Specific gravity of methanol as measured by ASTM D 1298 (Incorporated by reference as specified in §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 §600.011–93).

(3) Natural gas test fuel shall be analyzed to determine the following fuel properties:

(i) Fuel composition per ASTM D 1945–91, Standard Test Method for Analysis of Natural Gas By Gas Chromatography. This 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 obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at U.S. EPA, OAR, 401 M St., SW., Washington, DC 20460, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(ii) Specific gravity (based on fuel composition per ASTM D 1945).

(iii) Carbon weight fraction based on the carbon contained only in the HC constituents of the fuel=weight of carbon in HC constituents divided by the total weight of fuel.

(iv) Carbon weight fraction of fuel=total weight of carbon in the fuel (i.e., includes carbon contained in HC and in CO₂) divided by total weight of fuel.

(d) Calculate the city fuel economy and highway fuel economy from the grams/mile values for total HC, CO, CO2 and, where applicable, CH3, OH, HCHO, NMHC and CH4 and, the test fuel's specific gravity, carbon weight fraction, net heating value, and additionally for natural gas, the test fuel's composition. 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 40 CFR 86.084–26(a)(6)(iii) or 40 CFR 86.1837–01 as applicable. 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.

(e)(1) For gasoline-fueled automobiles, the fuel economy in miles per gallon is to be calculated using the following equation:

mpg=(5174×10⁴ ×CWF×SG) / [((CWF×HC) + (0.429× CO) + (0.273×CO₂)) × ((0.6×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=(CWF×SG×3781.8) / ((CWF_exHC×HC) + (0.429×CO) + (0.273×CO₂) + (0.375×CH₃ OH) + (0.400×HCHO))

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.

CWF_exHC=Carbon weight fraction of exhaust hydrocarbons= CWF_g as determined in (c)(2)(ii) of this section (for M100 fuel, CWF_exHC=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.

CH₃ OH=Grams/mile CH₃ OH (methanol) as obtained in paragraph (d) of this section.

HCHO=Grams/mile HCHO (formaldehyde) as obtained in paragraph (d) of this section.

(h) For automobiles fueled with natural gas, the fuel economy in miles per gallon of natural gas is to be calculated using the following equation:

Where:

mpg_e=miles per equivalent gallon of natural gas.

CWF_HC/NG=carbon weight fraction based on the hydrocarbon constituents in the natural gas fuel as obtained in paragraph (d) of this section.

D_NG=density of the natural gas fuel [grams/ft³ at 68 °F (20 °C) and 760 mm Hg (101.3 kPa)] pressure as obtained in paragraph (d) of this section.

CH₄, NMHC, CO, and CO₂=weighted mass exhaust emissions [grams/mile] for methane, non-methane HC, carbon monoxide, and carbon dioxide as calculated in §600.113.

CWF_NMHC=carbon weight fraction of the non-methane HC constituents in the fuel as determined from the speciated fuel composition per paragraph (c)(2) of this section.

CO_2NG=grams of carbon dioxide in the natural gas fuel consumed per mile of travel.

CO_2NG=FC_NG D_NG WF_CO2

where:

CWF_NG=the carbon weight fraction of the natural gas fuel as calculated in paragraph (d) of this section.

WF_CO2=weight fraction carbon dioxide of the natural gas fuel calculated using the mole fractions and molecular weights of the natural gas fuel constituents per ASTM D 1945.

[59 FR 39654, Aug. 3, 1994; 59 FR 44795, Aug. 30, 1994, as amended at 59 FR 48537, Sept. 21, 1994; 64 FR 23975, May 4, 1999; 69 FR 18803, Apr. 9, 2004]

Subpart C—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—Procedures for Calculating Fuel Economy Values

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§ 600.201-86 General applicability.

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(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.

[49 FR 13849, Apr. 6, 1984]

§ 600.201-93 General applicability.

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[59 FR 39655, Aug. 3, 1994]

§ 600.202-77 Definitions.

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The definitions in §600.002 apply to this subpart.

§ 600.203-77 Abbreviations.

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The abbreviations in §600.003 apply to this subpart.

§ 600.204-77 Section numbering, construction.

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The section numbering system set forth in §600.004 applies to this subpart.

§ 600.205-77 Recordkeeping.

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The recordkeeping requirements set forth in §600.005 apply to this subpart.

§ 600.206-86 Calculation and use of fuel economy values for gasoline-fueled, diesel, and electric vehicle configurations.

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(a) Fuel economy values determined for each vehicle, and as approved in §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 §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 §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.

(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 comprise 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.

[49 FR 13849, Apr. 6, 1984]

§ 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.

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(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 §600.207(a)(3).

(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.

[59 FR 39655, Aug. 3, 1994]

§ 600.207-86 Calculation of fuel economy values for a model type.

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(a) Fuel economy values for a base level are calculated from vehicle configuration fuel economy values as determined in §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 §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 §86.084–21.

(4) Vehicle configuration fuel economy values, as determined in §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 §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.

(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.

[49 FR 13849, Apr. 6, 1984]

§ 600.207-93 Calculation of fuel economy values for a model type.

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(a) Fuel economy values for a base level are calculated from vehicle configuration fuel economy values as determined in §600.206(a) for low-altitude tests.

(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;

(iii) All subconfigurations within the new base level are represented by test data in accordance with §600.010(c)(ii).

(3) The manufacturer shall supply total model year sales projections for each car line/vehicle subconfiguration combination.

(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 (a)(3) may be satisfied by providing an amended application for certification, as described in 40 CFR 86.084–21 or 40 CFR 86.1844–01 as applicable.

(4) Vehicle configuration fuel economy values, as determined in §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.

(5) The procedure specified in §600.207(a) will be repeated for each base level, thus establishing city, highway, and combined fuel economy values for each 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.

(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.

(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.

[59 FR 39655, Aug. 3, 1994, as amended at 64 FR 23975, May 4, 1999]

§ 600.208-77 Sample calculation.

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An example of the calculation required in this subpart appears in appendix III.

[41 FR 49761, Nov. 10, 1976]

§ 600.209-85 Calculation of fuel economy values for labeling.

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(a) For the purposes of calculating the city model type fuel economy value for labeling the manufacturer shall:

(1) For general labels multiply the city model type fuel economy value determined in §600.207(b), by 0.90, rounding the product to the nearest whole mpg, or

(2) For specific labels multiply the city fuel economy value determined in §600.206(a)(iii), by 0.90, rounding the product to the nearest whole mpg, and

(b) For the purposes of calculating the highway model type fuel economy value for labeling the manufacturer shall:

(1) For general labels multiply the highway model type fuel economy value determined in §600.207(b) by 0.78, rounding the product to the nearest whole mpg, or

(2) For specific labels multiply the highway fuel economy value determined in §600.206(a)(iii) by 0.78.

(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)(1) The combined fuel economy for a model type, to be used in determining annual fuel costs under §600.308(c), is determine (except as provided for in paragraph (d)(2) of this section), by harmonically averaging the unrounded city and highway values, determined in §209 (a) and (b), weighted 0.55 and 0.45 respectively, and rounded to the nearest whole mpg. (An example of this calculation procedure appears in appendix II of this part).

(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.

[49 FR 13845, Apr. 6, 1984, as amended at 49 FR 48149, Dec. 10, 1984]

§ 600.209-95 Calculation of fuel economy values for labeling.

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(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 §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 §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 §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 §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 §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 §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 §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 §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 §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 §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 §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 §600.206 (a)(2)(iii) and (4)(ii) by 0.78, rounding the product to the nearest whole mpg.

(d) For the purposes of calculating the combined fuel economy for a model type, to be used in determining annual fuel costs under §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.

[59 FR 39656, Aug. 3, 1994]

Subpart D—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—Labeling

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Source: 41 FR 49761, Nov. 10, 1976, unless otherwise noted.

§ 600.301-86 General applicability.

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(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.

[49 FR 13850, Apr. 6, 1984]

§ 600.301-95 General applicability.

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(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.

[59 FR 39657, Aug. 3, 1994]

§ 600.302-77 Definitions.

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The definitions in §600.002 apply to this subpart.

§ 600.303-77 Abbreviations.

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The abbreviations in §600.003 apply to this subpart.

§ 600.304-77 Section numbering, construction.

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The section numbering procedure set forth in §600.004 applies to this subpart.

§ 600.305-77 Recordkeeping.

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The recordkeeping requirements set forth in §600.005 apply to this subpart.

§ 600.306-86 Labeling requirements.

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(a) Prior to being offered for sale, each manufacturer shall affix or cause to be affixed and each dealer shall maintain or cause to be maintained on each automobile:

(1) A general fuel economy label (initial, or updated as required in §600.314) as described in §600.307(c) or:

(2) A specific label, as described in §600.307(d), for those automobiles manufactured or imported before the date that occurs 15 days after general labels have been determined by the manufacturer.

(i) If the manufacturer elects to use a specific label within a model type (as defined in §600.002(a)(19)), he shall also affix specific labels on all automobiles within this model type, except on those automobiles manufactured or imported before the date that labels are required to bear range values as required by paragraph (b) of this section, or determined by the Administrator, or as permitted under §600.310.

(ii) If a manufacturer elects to change from general to specific labels or vice versa within a model type, the manufacturer shall, within five calendar days, initiate or discontinue as applicable, the use of specific labels on all vehicles within a model type at all facilities where labels are affixed.

(3) For any vehicle for which a specific label is requested which has a combined unadjusted fuel economy value at or below the minimum tax-free value, the following statement must appear on the specific label:

[Manufacturer's name] may have to pay IRS a Gas Guzzler Tax on this vehicle because of the low fuel economy.

(4)(i) At the time a general fuel economy value is determined for a model type, a manufacturer shall, except as provided in paragraph (a)(4)(ii) of this section, relabel, or cause to be relabeled, vehicles which:

(A) Have not been delivered to the ultimate purchaser, and

(B) Have a combined model type fuel economy value of 0.1 mpg or more below the lowest fuel economy value at which a Gas Guzzler Tax of $0 is to be assessed.

(ii) The manufacturer has the option of relabeling vehicles during the first five working days after the general label value is known.

(iii) For those vehicle model types which have been issued a specific label and are subsequently found to have tax liability, the manufacturer is responsible for the tax liability regardless of whether the vehicle has been sold or not or whether the vehicle has been relabeled or not.

(b) The manufacturer shall include the current range of fuel economy of comparable automobiles (as described in §§600.311 and 600.314) in the label of each vehicle manufactured or imported more than 15 calendar days after the current range is made available by the Administrator.

(1) Automobiles manufactured before a date 16 or more calendar days after the initial label range is made available under §600.311(c) may be labeled without a range of fuel economy of comparable automobiles. In place of the range of fuel economy of comparable automobiles, the label must contain a statement indicating that, as of the date of production or importation of this automobile, no range of fuel economy of comparable automobiles was available.

(2) Automobiles manufactured more than 15 calendar days after the initial or updated label range is made available under §600.311 (c) or (d) will be labeled with the current range of fuel economy of comparable automobiles as approved for that label.

(c) The fuel economy label must be readily visible from the exterior of the automobile and remain affixed until the time the automobile is delivered to the ultimate consumer.

(1) The fuel economy label must be located on a side window. If the window is not large enough to contain both the Automobile Information Disclosure Act label and the fuel economy label, the manufacturer shall have the fuel economy label affixed on another window and as close as possible to the Automobile Information Disclosure Act label.

(2) The fuel economy label information may be included with the Automobile Information Disclosure Act label if the prominence and legibility of the fuel economy label is maintained. For this purpose, all fuel economy label information must be placed on a separate section in the label and may not be intermixed with the Automobile Information Disclosure Act label information, except for vehicle descriptions as noted in §600.307–86(c).

(3) The manufacturer shall have the fuel economy label affixed in such a manner that appearance and legibility are maintained until after the vehicle is delivered to the ultimate consumer.

[49 FR 13850, Apr. 6, 1984, as amended at 49 FR 48149, Dec. 10, 1984; 52 FR 47877, Dec. 16, 1987]

§ 600.307-86 Fuel economy label format requirements.

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(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.

(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:

(i) The titles “CITY MPG” and “HIGHWAY MPG”, centered over the applicable fuel economy estimates, in bold caps 10 points in size,

(ii) The city and highway fuel economy estimates calculated in accordance with §600.209 (a) and (b),

(iii) The fuel pump logo, and

(iv) The phrase “Compare this [vehicle/truck] to others in the FREE GAS MILEAGE GUIDE available at the dealer,” shall be “dropped-out” of the top border as depicted in the sample label format in Appendix VIII. The phrase shall be in lower case in a medium condensed type except for the words “FREE GAS MILEAGE GUIDE” which shall be capitalized in a bold condensed type and no smaller than 12 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 [vehicle/truck] 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 §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 §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 §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.

(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 §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.

(4) The maximum type size for the statements located in the lower 50 percent of the label shall not exceed 10 points in size.

(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 (9×15 mm) in width and height respectively.

(ii) The digit “one,” shall measure at least 0.2 inches by 0.6 inches (5×15 mm) in width and height respectively.

(3) The strike width of each mpg digit shall be at least 0.075 inches (1.9 mm).

(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 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.

(1) Model year;

(2) Vehicle car line;

(3) Engine displacement, in cubic inches, cubic centi-meters, 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) Interia 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 §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 §600.207 and rounded to the nearest 0.1 mpg. Adjustments in accordance with §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 gallon and average annual mileage, predetermined by the Administrator, and the fuel economy determined in §600.209(d).

(1) The annual fuel cost estimate for a model type is computed by multiplying:

(i) Fuel cost per gallon 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 of the fuel economy value determined in §600.209(d) for a model type.

(2) The product computed in (g)(1) 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 values for the fuel cost per gallon and average annual 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 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, of the fuel economy value determined in §600.206(a)(2)(iii) for a vehicle configuration (city and highway values will be adjusted by the factors in §600.209 (a) and (b) and combined according to §600.209(d) before the calculation).

(2) The product computed in (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.

[49 FR 13851, Apr. 6, 1984, as amended at 49 FR 48150, Dec. 10, 1984; 50 FR 10708, Mar. 15, 1985]

§ 600.307-95 Fuel economy label format requirements.

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(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 §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 §600.209 (a)(1)(ii)(A) or (2)(ii)(A) and §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 §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 §600.311.); or, when applicable,

(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 §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 §600.207(b)] mpg.”

(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 (9×15 mm) in width and height respectively.

(ii) The digit “one,” shall measure at least 0.2 inches by 0.6 inches (5×15 mm) in width and height respectively.

(3) The strike width of each mpg digit shall be at least 0.075 inches (1.9 mm).

(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.

(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

(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.

(f)(1) For fuel economy labels of passenger automobile model types requiring a tax statement under §600.513, the phrase “ * * * Gas Guzzler Tax: $______ * * *”.

(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 §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 §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 §600.206(a)(2)(iii) for a vehicle configuration (city and highway values will be adjusted by the factors in §600.209(a) and (b) and combined according to §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.

[59 FR 39657, Aug. 3, 1994]

§ 600.310-86 Labeling of high altitude vehicles.

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(a) The Administrator may approve, at the request of the manufacturer, specific labels for high altitude vehicles according to §600.306.

(b) A high altitude vehicle may be labeled with a general or specific label by a manufacturer without regard to the type of label (general or specific) used at low altitude for that model type or vehicle configuration.

[49 FR 13852, Apr. 6, 1984]

§ 600.311-86 Range of fuel economy for comparable automobiles.

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(a) The Administrator will determine the range of city and the range of highway fuel economy values for each class of comparable automobiles.

(b) The range of city fuel economy values within a class is the maximum city and the minimum city fuel economy value for all general labels as determined in §600.307(b)(3) regardless of manufacturer. The range of highway values is determined in the same manner.

(c) The initial range will be made available on a date specified by the Administrator that closely coincides to the date of the general model introduction for the industry.

(d) The ranges of comparable fuel economy values for a class of automobiles will be updated periodically and will be derived from the latest available label values reported to the Administrator for that class of automobiles.

(e) If the Administrator determines that automobiles intended for sale in California are likely to exhibit significant differences in fuel economy from those intended for sale in other states, he will compute separate ranges of fuel economy values for each class of automobiles for California and for the other states.

(f) For high altitude vehicles determined under §600.310, both general and specific labels will contain the range of comparable fuel economy computed in this section.

(g) The manufacturer shall include the appropriate range of fuel economy determined by the Administrator in paragraph (c) or (d) of this section, on each label affixed to an automobile within the class, except as provided in §600.306(b)(1).

[49 FR 13852, Apr. 6, 1984, as amended at 49 FR 28150, Dec. 10, 1984]

§ 600.312-86 Labeling, reporting, and recordkeeping; Administrator reviews.

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(a)(1) The manufacturer shall determine label values (general and specific) using the procedures specified in subparts C and D of this part and submit the label values, and the data sufficient to calculate the label values, to the Administrator according to the timetable specified in §600.313.

(2) Except under paragraph (a)(4) of this section, the manufacturer is not required to obtain Administrator approval of label values prior to the introduction of vehicles for sale.

(3) The label values that the manufacturer calculates and submits under paragraph (a)(1) of this section shall constitute the EPA fuel economy estimates unless the Administrator determines that they are not calculated according to the procedures specified in subparts C and D of this part.

(4) If required by the Administrator, the manufacturer shall obtain Administrator approval of label values prior to affixing labels to vehicles.

(5)(i) If at any time during the model year, any label values are determined not to be calculated according to the procedures specified in subparts C and D of this part, the Administrator shall notify the manufacturer in writing.

(ii) If the Administrator has sufficient information to enable calculation of the correct label values, this notification shall specify the correct label values which constitute the EPA Fuel Economy Estimates.

(iii) If additional information is required, the Administrator shall request such additional information and a recalculation of the label value by the manufacturer.

(6) If the Administrator determines revised label values under paragraph (a)(5) of this section are lower than the label values calculated by the manufacturer, the manufacturer shall affix the revised labels to all affected new vehicles which are unsold beginning no later than 15 calendar days after the date of notification by the Administrator.

(b)(1) The manufacturer is responsible for affixing vehicle labels that meet the format and content requirements of this subpart.

(2) The manufacturer shall retain for examination, at the Administrator's discretion, typical label formats representing all information required on the manufacturer's fuel economy labels. The information shall include the text of all required and voluntary information as well as the size and color of print and paper, spacing, and location of all printed information. Where the fuel economy label is incorporated with the Automobile Information Disclosure Act label, the above requirements pertain to those sections of the label concerning fuel economy labeling information.

(3) If the Administrator determines upon examination of record that the label format or content do not meet the requirements of this subpart, the Administrator may:

(i) Require the manufacturer to make specific changes in subsequent labels, and

(ii) Require such changes to be implemented on a reasonable timetable, but no sooner than 15 days from the date of notification to the manufacturer.

[49 FR 13852, Apr. 6, 1984]

§ 600.313-01 Timetable for data and information submittal and review.

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(a) A manufacturer shall submit to the Administrator fuel economy label values and sufficient information to determine fuel economy label values within the following time constraints (except for manufacturers designated under §600.312(a)(4) who shall submit the information no later than thirty calendar days prior to the date the model type [vehicle] is initially offered for sale.

(1) For initial general label values, no later than five working days before the date that the model type is initially offered for sale;

(2) For specific label values, no later than five working days before any vehicles are offered for sale;

(3) For model types having label values updated because of running changes (as required under §600.314(b)), the submission must be made at least five working days before the date of implementation of the running change.

(b) A manufacturer may not proceed with any label calculation until the data from each vehicle used in such calculation satisfies the requirements of §600.008, except as allowed under the provisions of §600.314–01(e) and approved by the Administrator.

(c) If the Administrator has waived any testing in paragraph (b) of this section and subsequently finds that the decision to waive testing was based on an incorrect data submission or that a fuel economy offset exists (based on subsequent testing of that manufacturer's product line), the Administrator may require confirmation of the data generated by any such waived vehicle.

[64 FR 23975, May 4, 1999]

§ 600.313-86 Timetable for data and information submittal and review.

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(1) For initial general label values, no later than five working days before the date that the model type is initially offered for sale;

(2) For specific label values, no later than five working days before any vehicles are offered for sale.

(b) A manufacturer may not proceed with any label calculation until the data from each vehicle used in such calculation satisfies the requirements of §600.008.

[49 FR 13853, Apr. 6, 1984]

§ 600.314-01 Updating label values, annual fuel cost, Gas Guzzler Tax, and range of fuel economies for comparable automobiles.

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(a) The label values established in §600.312 shall remain in effect for the model year unless updated in accordance with paragraph (b) of this section.

(b)(1) The manufacturer shall recalculate the model type fuel economy values for any model type containing base levels affected by running changes specified in §600.507(a).

(2) For separate model types created in §600.207(a)(2), the manufacturer shall recalculate the model type values for any additions or deletions of subconfigurations to the model type. Minimum data requirements specified in §600.010(c)(1)(ii) shall be met prior to recalculation.

(3) Label value recalculations shall be performed to read as follows:

(i) The manufacturer shall use updated total model year projected sales for label value recalculations.

(ii) All model year data approved by the Administrator at the time of the recalculation for that model type shall be included in the recalculation.

(iii) Using the additional data under paragraph (b) of this section, the manufacturer shall calculate new model type city and highway values in accordance with §§600.207 and 600.209 except that the values shall be rounded to the nearest 0.1 mpg.

(iv) The existing label values, calculated in accordance with §§600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.

(4)(i) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or more, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) to all new vehicles of that model type beginning on the day of implementation of the running change.

(ii) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is higher than the respective city or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or more, then the manufacturer has the option to use the recalculated values for labeling the entire model type beginning on the day of implementation of the running change.

(c) For fuel economy labels updated using recalculated fuel economy values determined in accordance with paragraph (b) of this section, the manufacturer shall concurrently update all other label information (e.g., the annual fuel cost, range of comparable vehicles and the applicability of the Gas Guzzler Tax as needed).

(d) The Administrator shall periodically update the range of fuel economies of comparable automobiles based upon all label data supplied to the Administrator.

(e) The manufacturer may request permission from the Administrator to calculate and use label values based on test data from vehicles which have not completed the Administrator ordered confirmatory testing required under the provisions of §600.008–00(c). If the Administrator approves such a calculation the following procedures shall be used to determine if relabeling is required after the confirmatory testing is completed.

(1) The Administrator ordered confirmatory testing shall be completed as quickly as possible.

(2) Using the additional data under paragraph (e)(1) of this section, the manufacturer shall calculate new model type city and highway values in accordance with §§600.207 and 600.209 except that the values shall be rounded to the nearest 0.1 mpg.

(3) The existing label values, calculated in accordance with §§600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.

(4) Relabeling. (i) If the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 0.5 mpg or more, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) to all new vehicles of that model type beginning 15 days after the completion of the confirmatory test.

(ii) If both the recalculated city or highway fuel economy value in paragraph (b)(3)(iii) of this section is less than the respective city or highway value in paragraph (b)(3)(iv) of this section by 0.1 mpg or more and the recalculated gas guzzler tax rate determined under the provisions of §600.513–91 is larger, the manufacturer shall affix labels with the recalculated model type values (rounded to whole mpg's) and gas guzzler tax statement and rates to all new vehicles of that model type beginning 15 days after the completion of the confirmatory test.

(5) For fuel economy labels updated using recalculated fuel economy values determined in accordance with paragraph (e)(4) of this section, the manufacturer shall concurrently update all other label information (e.g., the annual fuel cost, range of comparable vehicles and the applicability of the Gas Guzzler Tax if required by Department of Treasury regulations).

[64 FR 23975, May 4, 1999]

§ 600.314-86 Updating label values, annual fuel cost, Gas Guzzler Tax, and range of fuel economies for comparable automobiles.

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(a) The label values established in §600.312 shall remain in effect for the model year unless updated in accordance with paragraph (b) of this section.

(b)(1) The manufacturer shall recalculate the model type fuel economy values for any model type containing base levels affected by running changes specified in §600.507(a).

(3) Label value recalculations shall be performed as follows:

(i) The manufacturer shall use updated total model year projected sales for label value recalculations.

(ii) All model year data approved by the Administrator at the time of the recalculation for that model type shall be included in the recalculation.

(iv) The existing label values, calculated in accordance with §§600.207 and 600.209, shall be rounded to the nearest 0.1 mpg.

(d) The Administrator shall periodically update the range of fuel economies of comparable automobiles based upon all label data supplied to the Administrator.

[49 FR 13853, Apr. 6, 1984]

§ 600.315-82 Classes of comparable automobiles.

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(a) The Secretary will classify automobiles as passenger automobiles or light trucks (nonpassenger automobiles) in accordance with 49 CFR part 523.

(1) The Administrator will classify passenger automobiles by car line into one of the following classes based on interior volume index or seating capacity except for those passenger automobiles which the Administrator determines are most appropriately classed as special purpose vehicles as provided in paragraph (a)(3) of this section:

(i) Two seaters. A car line shall be classed as “Two Seater” if the majority of the vehicles in that car line have no more than two designated seating positions as such term is defined in the regulations of the National Highway Traffic Safety Administration, Department of Transportation (DOT), 49 CFR 571.3.

(ii) Minicompact cars. Interior volume index less than 85 cubic feet.

(iii) Subcompact cars. Interior volume index greater than or equal to 85 cubic feet but less than 100 cubic feet.

(iv) Compact cars. Interior volume index greater than or equal to 100 cubic feet but less than 110 cubic feet.

(v) Midsize cars. Interior volume index greater than or equal to 110 cubic feet but less than 120 cubic feet.

(vi) Large cars. Interior volume index greater than or equal to 120 cubic feet.

(vii) Small station wagons. Station wagons with interior volume index less than 130 cubic feet.

(viii) Midsize station wagons. Station wagons with interior volume index greater than or equal to 130 cubic feet but less than 160 cubic feet.

(ix) Large station wagons. Station wagons with interior volume index greater than or equal to 160 cubic feet.

(2) The Administrator will classify nonpassenger automobiles into the following categories: small pickup trucks, standard pickup trucks, vans, and special purpose vehicles. Pickup trucks will be separated by car line on the basis of gross vehicle weight rating (GVWR). For pickup truck car lines with more than one GVWR, the GVWR of the pickup truck car line is the arithmetic average of all distinct GVWR's less than or equal to 8,500 pounds available for that car line.

(i) Small pickup trucks. Pickup trucks with a GVWR less than 4,500 pounds.

(ii) Standard pickup trucks. Pickup trucks with a GVWR of 4,500 pounds up to and including 8,500 pounds.

(iii) Vans.

(3) All automobiles with GVWR less than or equal to 8,500 pounds which possess special features and which the Administrator determines are more appropriately classified separately from typical automobiles or which do not meet the requirements of paragraphs (a) (1) and (2) of this section will be classified as special purpose vehicles.

(4) Once a certain car line is classified by the Administrator, the classification will remain in effect for the model year.

(b) Interior volume index-passenger automobiles. (1) The interior volume index shall be calculated for each car line which is not a “two seater” car line, in cubic feet rounded to the nearest 0.1 cubic foot. For car lines with more than one body style, the interior volume index for the car line is the arithmetic average of the interior volume indexes of each body style in the car line.

(2) For all body styles except station wagons and hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seatbelts as required by DOT safety regulations, interior volume index is the sum, rounded to the nearest 0.1 cubic feet, of the front seat volume, the rear seat volume, if applicable, and the luggage capacity.

(3) For all station wagons and hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seatbelts as required by DOT safety regulations, interior volume index is the sum, rounded to the nearest 0.1 cubic feet, of the front seat volume, the rear seat volume, and the cargo volume index.

(c) All interior and cargo dimensions are measured in inches to the nearest 0.1 inch. All dimensions and volumes shall be determined from the base vehicles of each body style in each car line, and do not include optional equipment. The dimensions H61, W3, W5, L34, H63, W4, W6, L51, H201, L205, L210, L211, H198, and volume V1 are to be determined in accordance with the procedures outlined in Motor Vehicle Dimensions SAE J1100a (Report of Human Factors Engineering Committee, Society of Automotive Engineers, approved September 1973 and last revised September 1975) except as noted herein:

(1) SAE J1100a(2.3). Cargo dimensions. All dimensions measured with the front seat positioned the same as for the interior dimensions and the second seat, for the station wagons and hatchbacks, in the upright position. All head restraints shall be in the stowed position and considered part of the seat.

(2) SAE J1100a(8)—Luggage capacity. Total of columns of individual pieces of standard luggage set plus H boxes stowed in the luggage compartment in accordance with the procedure described in 8.2. For passenger automobiles with no rear seat or with two rear seats with no rear seatbelts, the luggage compartment shall include the area to the rear of the front seat, with the rear seat (if applicable) folded, to the height of a horizontal plane tangent to the top of the front seatback.

(3) SAE J1100a(7)—Cargo dimensions. (i) L210—Cargo length at second seatback height-hatchback. The minimum horizontal dimension from the “X” plane tangent to the rearmost surface of the second seatback to the inside limiting interference of the hatchback door on the zero “Y” plane.

(ii) L211—Cargo length at floor-second-hatchback. The minimum horizontal dimensions at floor level from the rear of the second seatback to the normal limiting interference of the hatchback door on the vehicle zero “Y” plane.

(iii) H198—Second seatback to load floor height. The dimension measured vertically from the horizontal tangent to the top of the second seatback to the undepressed floor covering.

(d) The front seat volume is calculated in cubic feet by dividing 1,728 into the product of three terms listed below and rounding the quotient to the nearest 0.001 cubic feet:

(1) H61—Effective head room-front. (In inches, obtained according to paragraph (c) of this section),

(2)(i) (W3+W5+5)/2—Average of shoulder and hip room-front, if hip room is more than 5 inches less than shoulder room. (In inches, W3 and W5 are obtained according to paragraph (c) of this section), or

(ii) W3—Shoulder room-front, if hip room is not more than 5 inches less than shoulder room. (In inches, W3 is obtained according to paragraph (c) of this section), and

(3) L34—Maximum effective leg room-accelerator. (In inches, obtained according to paragraph (c) of this section.) Round the quotient to the nearest 0.001 cubic feet.

(e) The rear seat volume is calculated in cubic feet, for vehicles within a rear seat equipped with rear seat belts (as required by DOT), by dividing 1,728 into the product of three terms listed below and rounding the quotient to the nearest 0.001 cubic feet:

(1) H63—Effective head room-second. (Inches obtained according to paragraph (c) of this section),

(2)(i) (W4+W6+5)/2—Average of shoulder and hip room-second, if hip room is more than 5 inches less than shoulder room. (In inches, W4 and W6 are obtained according to paragraph (c) of this section), or

(ii) W4—Shoulder room-second, if hip room is not more than 5 inches less than shoulder room. (In inches, W3 is obtained according to paragraph (c) of this section), and

(3) L51—Minimum effective leg room-second. (In inches obtained according to paragraph (c) of this section.)

(f) The luggage capacity is V1, the usable luggage capacity obtained according to paragraph (c) of this section. For passenger automobiles with no rear seat or with a rear seat but no rear seat belts, the area to the rear of the front seat shall be included in the determination of V1, usable luggage capacity, as outlined in paragraph (c) of this section.

(g) Cargo volume index. (1) For station wagons the cargo volume index V2 is calculated, in cubic feet, by dividing 1,728 into the product of three terms and rounding the quotient to the nearest 0.001 cubic feet:

(i) W4—Shoulder room-second. (In inches obtained according to paragraph (c) of this section.)

(ii) H201—Cargo height. (In inches obtained according to paragraph (c) of this section.)

(iii) L205—Cargo length at belt-second. (In inches obtained according to paragraph (c) of this section.)

(2) For hatchbacks, the cargo volume index V3 is calculated, in cubic feet, by dividing 1,728 into the product of three terms:

(i) Average cargo length, which is the arithmetic average of:

(A) L210—Cargo length at second seatback height-hatchback. (In inches obtained according to paragraph (c) of this section);

(B) L211—Cargo length at floor-second-hatchback. (In inches obtained according to paragraph (c) of this section);

(ii) W4—Shoulder room-second. (In inches obtained according to paragraph (c) of this section);

(iii) H198—Second seatback to load floor height. (In inches obtained according to paragraph (c) of this section.) Round the quotient to the nearest 0.001 cubic foot.

(h) The following data must be submitted to the Administrator no later than the time of a general label request. Data shall be included for each body style in the car line covered by that general label.

(1) For all passenger automobiles:

(i) Dimensions H61, W3, L34 determined in accordance with paragraph (c) of this section.

(ii) Front seat volume determined in accordance with paragraph (d) of this section.

(iii) Dimensions H63, W4, L51 (if applicable) determined in accordance with paragraph (c) of this section.

(iv) Rear seat volume (if applicable) determined in accordance with paragraph (e) of this section.

(v) The interior volume index determined in accordance with paragraph (b) of this section for:

(A) Each body style, and

(B) The car line.

(vi) The class of the car line as determined in paragraph (a) of this section.

(2) For all passenger automobiles except station wagons and hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seat belts as required by DOT safety regulations:

(i) The quantity and letter designation of the pieces of the standard luggage set installed in the vehicle in the determination of usable luggage capacity V1, and

(ii) The usable luggage capacity V1, determined in accordance with paragraph (f) of this section.

(3) For station wagons with more than one seat (e.g., with a second or third seat) equipped with seat belts as required by DOT safety regulations:

(i) The dimensions H201 and L205 determined in accordance with paragraph (c) of this section, and

(ii) The cargo volume index V2 determined in accordance with paragraph (g)(1) of this section.

(4) For hatchbacks with more than one seat (e.g., with a second or third seat) equipped with seat belts as required by DOT safety regulations:

(i) The dimensions L210, L211, and H198 determined in accordance with paragraph (c) of this section.

(ii) The cargo volume index V3 determined in accordance with paragraph (g)(2) of this section.

(5) For pickup trucks:

(i) All GVWR's of less than or equal to 8,500 pounds available in the car line.

(ii) The arithmetic average GVWR for the car line.

[47 FR 49814, Nov. 2, 1982]

§ 600.316-78 Multistage manufacture.

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Where more than one person is the manufacturer of a vehicle, the final stage vehicle manufacturer (as defined in 49 CFR 549.3) is treated as the manufacturer for purposes of compliance with this subpart.

[42 FR 45672, Sept. 12, 1977]

Subpart E—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—Dealer Availability of Fuel Economy Information

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Source: 41 FR 49764, Nov. 10, 1976, unless otherwise noted.

§ 600.401-77 General applicability.

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The provisions of this subpart are applicable to 1977 and later model year automobiles.

§ 600.402-77 Definitions.

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The definitions in §600.002 apply to this subpart.

§ 600.403-77 Abbreviations.

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The abbreviations in §600.003 apply to this subpart.

§ 600.404-77 Section numbering, construction.

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The section numbering procedure specified in §600.004 applies to this subpart.

§ 600.405-77 Dealer requirements.

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(a) Each dealer shall prominently display at each location where new automobiles are offered for sale booklets containing the information specified in §600.407. The dealer shall provide these booklets without charge and in sufficient quantity to be available for retention by each prospective purchaser upon his request. The dealer will be expected to make these booklets available as soon as they are received by the dealer, but in no case later than 15 working days after notification is given of booklet availability.

(b) The dealer shall display these booklets in the same manner and in each location used to display brochures describing the automobiles offered for sale by the dealer. The display shall include information that similar booklets containing the EPA fuel economy information are also available through the mail by writing to Fuel Economy, Pueblo, Colorado 81009.

(c) The dealer shall display the booklet applicable to each model year automobile offered for sale at the location. If, as described in §600.406, a regional edition of the booklet is prepared for California automobiles:

(1) Each dealer who offers automobiles for sale at a location within the State of California shall display the California regional edition of the booklet.

(2) Each dealer who offers automobiles for sale at locations outside the State of California, and expects that at least 50 percent of the automobiles eventually sold at the location during the model year will be California configurations, shall display the California regional edition of the booklet. These dealers may also display the national edition of the booklet provided both editions are displayed with equal prominence.

§ 600.406-77 [Reserved]

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§ 600.407-77 Booklets displayed by dealers.

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(a) Booklets displayed by dealers in order to fulfill the obligations of §600.405 may be either the Gas Mileage Guide published by the FEA Administrator or a booklet approved by the Administrator of EPA containing the same information, format, and order as the booklet published by the FEA Administrator.

(b) The booklet may highlight the dealer's product line by contrasting color of ink or boldface type and may include other supplemental information regarding the dealer's product line subject to approval by the Administrator.

Subpart F—Fuel Economy Regulations for Model Year 1978 Passenger Automobiles and for 1979 and Later Model Year Automobiles (Light Trucks and Passenger Automobiles)—Procedures for Determining Manufacturer's Average Fuel Economy

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Authority: Sec. 301, Pub. L. 94–163, 89 Stat. 901 (15 U.S.C. 2001, 2003, 2005, 2006).

Source: 42 FR 45662, Sept. 12, 1977, unless otherwise noted.

§ 600.501-85 General applicability.

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(a) Except as provided in paragraph (c) of this section, the provisions of this subpart are applicable to 1985 and later model year gasoline-fueled and diesel automobiles.

(c) Subject to prior approval by the Administrator, manufacturers may optionally implement, for 1985 model year vehicles, provisions of this subpart that are applicable to 1986 and later model year vehicles.

[49 FR 13847, Apr. 6, 1984]

§ 600.501-86 General applicability.

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(a) The provisions of this subpart are applicable to 1986 and later model year gasoline-fueled and diesel automobiles.

[49 FR 13853, Apr. 6, 1984]

§ 600.501-93 General applicability.

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(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.

[59 FR 39659, Aug. 3, 1994]

§ 600.502-81 Definitions.

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(a) The following definitions apply beginning with the 1979 model year. The definitions in §600.502–78 remain effective except that provision (a)(2)(ii) is hereby superseded. The definitions in §600.002 also apply to this subpart.

(1) “Declared value” of imported components shall be:

(i) The value at which components are declared by the importer to the U.S. Customs Service at the date of entry into the customs territory of the United States, or

(ii) With respect to imports into Canada, the declared value of such components as if they were declared as imports into the United States at the date of entry into Canada, or

(iii) With respect to imports into Mexico (when §600.511–80(b)(3) applies), the declared value of such components as if they were declared as imports into the United States at the date of entry into Mexico.

(2) Cost of production of a car line shall mean the aggregate of the products of:

(i) The average U.S. dealer wholesale price for such car line as computed from each official dealer price list effective during the course of a model year, and

(ii) The number of automobiles within the car line produced during the part of the model year that the price list was in effect.

(3) Equivalent petroleum-based fuel economy value means a number which represents the average number of miles traveled by an electric vehicle per gallon of gasoline.

[45 FR 49262, July 24, 1980, as amended at 59 FR 678, Jan. 6, 1994; 59 FR 33914, July 1, 1994]

§ 600.503-78 Abbreviations.

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The abbreviations in §600.003 apply to this subpart.

§ 600.504-78 Section numbering, construction.

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The section numbering procedure set forth in §600.004 applies to this subpart.

§ 600.505-78 Recordkeeping.

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The recordkeeping procedure set forth in §600.005 applies to this subpart.

§ 600.507-86 Running change data requirements.

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(a) Except as specified in paragraph (d) of this section, the manufacturer shall submit additional running change fuel economy data as specified in paragraph (b) of this section for any running change approved or implemented under 40 CFR 86.079–32, 86.079–33, or 86.082–34 or 40 CFR 86.1842–01 as applicable, which:

(1) Creates a new base level or,

(2) Affects an existing base level by:

(i) Adding an axle ratio which is at least 10 percent larger (or, optionally, 10 percent smaller) than the largest axle ratio tested.

(ii) Increasing (or, optionally, decreasing) the road-load horsepower for a subconfiguration by 10 percent or more for the individual running change or, when considered cumulatively, since original certification (for each cumulative 10 percent increase using the originally certified road-load horsepower as a base).

(iii) Adding a new subconfiguration by increasing (or, optionally, decreasing) the equivalent test weight for any previously tested subconfiguration in the base level.

(b)(1) The additional running change fuel economy data requirement in paragraph (a) of this section will be determined based on the sales of the vehicle configurations in the created or affected base level(s) as updated at the time of running change approval.

(2) Within each newly created base level as specified in paragraph (a)(1) of this section, the manufacturer shall submit data from the highest projected total model year sales subconfiguration within the highest projected total model year sales configuration in the base level.

(3) Within each base level affected by a running change as specified in paragraph (a)(2) of this section, fuel economy data shall be submitted for the vehicle configuration created or affected by the running change which has the highest total model year sales. The test vehicle shall be of the subconfiguration created by the running change which has the highest projected total model year sales within the applicable vehicle configuration.

(c) The manufacturer shall submit the fuel economy data required by this section to the Administrator in accordance with §600.314(b).

(d) For those model types created under §600.207(a)(2), the manufacturer shall submit data for each subconfiguration added by a running change.

[49 FR 13854, Apr. 6, 1984, as amended at 49 FR 48150, Dec. 10, 1984; 64 FR 23976, May 4, 1999]

§ 600.509-86 Voluntary submission of additional data.

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(a) The manufacturer may, at his option, submit data in addition to the data required by the Administrator.

(b) Additional fuel economy data may be submitted by the manufacturer for any vehicle configuration which is to be tested as required in §600.507 or for which fuel economy data were previously submitted under paragraph (c) of this section.

(c) Within a base level, additional fuel economy data may be submitted by manufacturing for any vehicle configuration which is not required to be tested by §600.507.

[49 FR 13854, Apr. 6, 1984]

§ 600.510-86 Calculation of average fuel economy.

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(a) Average fuel economy will be calculated to the nearest 0.1 mpg for the classes of automobiles identified herein, 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 §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 §600.511(d)(2).

(3) An average fuel economy calculation will be made for the category of light trucks which is defined in §600.511(e)(1) and has two-wheel drive.

(4) An average fuel economy calculation will be made for the category of light trucks which is defined in §600.511(e)(1) and has four-wheel drive.

(5) An average fuel economy calculation will be made for the category of light trucks which is defined in §600.511(e)(2) and has two-wheel drive.

(6) An average fuel economy calculation will be made for the category of light trucks which is defined in §600.511(e)(2) and has four-wheel drive.

(b) For the purpose of calculating average fuel economy under paragraph (c), of this section:

(1) All fuel economy data submitted in accordance with §600.006(e) or §600.512(c) shall be used.

(2) The combined city/highway fuel economy will be calculated for each model type in accordance with §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;

(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 §600.207(a)(4)(ii), and

(3) The fuel economy value for each vehicle configuration is the combined fuel economy calculated according to §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 §600.510(a) 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) The fuel economy calculated for that model type in accordance with paragraph (b)(2) of this section.

(d) The Administrator may approve alternative calculation methods if they are part of an approved credit plan under the provisions of section 503(b) of U.S.C. 2003(b).

(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:

AFE_adj = AFE[((0.55×a×c) + (0.45×c) + (0.5556×a) + 0.4487)/((0.55×a) + 0.45)] + IW

Where:

AFE_adj=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-weighted 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=(9.2917×10⁻³ × SF_3IWC × FE_3IWC) − (3.5123×10⁻³ × SF_4ETW × FE_4IWC)

Note: Any calculated value of IW less than zero shall be set equal to zero.

SF_3IWC=The 3000 lb. inertia weight class sales divided by total sales. The quotient shall be rounded to 4 decimal places.

SF_4ETW=The 4000 lb. equivalent test weight category sales divided by total sales. The quotient shall be rounded to 4 decimal places.

FE_4IWC=The sales-weighted average combined fuel economy of all 3000 lb. inertia weight class base leves in the compliance category. Round the result to the nearest 0.0001 mpg.

FE_4IWC=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 Administration shall calculate and apply additional average fuel ecomony 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 flexibilities 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 effect 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.

[49 FR 13854, Apr. 6, 1984, as amended at 50 FR 27186, July 1, 1985; 51 FR 37851, Oct. 24, 1986]

§ 600.510-93 Calculation of average fuel economy.

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(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 §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 §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 §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 §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 §600.006(e) or §600.502(c) shall be used.

(2) The combined city/highway fuel economy will be calculated for each model type in accordance with §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

(3) The fuel economy value for each vehicle configuration is the combined fuel economy calculated according to §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 §600.207(b)(5)(i); and

(B) The combined model type fuel economy value for operation on alcohol fuel as determined in §600.207(b)(5)(ii) divided by 0.15 provided the requirements of §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 §600.207(b)(5)(i); and

(B) The combined model type fuel economy value for operation on natural gas as determined in §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.

AFE_adj = AFE[((0.55×a×c) + (0.45×c) + (0.5556×a) + 0.4487) / ((0.55×a) + 0.45)] + IW

Where:

AFE_adj = 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=(9.2917×10⁻³ × SF_3IWC × FE_3IWC) − (3.5123×10⁻³ × SF_4ETW × FE_4IWC)

Note: Any calculated value of IW less than zero shall be set equal to zero.

SF_3IWC = The 3000 lb. inertia weight class sales divided by total sales. The quotient shall be rounded to 4 decimal places.

SF_4ETW = The 4000 lb. equivalent test weight category sales divided by total sales. The quotient shall be rounded to 4 decimal places.

FE_4IWC = 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.

FE_4IWC = 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;

(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;

(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:

E_alt/E_pet > or = 1

Where:

E_alt = [FE_alt/(NHV_alt×D_alt)]×10⁶ = energy efficiency while operating on alternative fuel rounded to the nearest 0.01 miles/million BTU.

E_pet = [FE_pet/(NHV_pet×D_pet)]×10⁶ = energy efficiency while operating on gasoline or diesel (petroleum) fuel rounded to the nearest 0.01 miles/million BTU.

FE_alt 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 §600.113;

FE_pet is the fuel economy [miles/gallon] while operated on petroleum fuel (gasoline or diesel) as determined in §600.113;

NHV_alt is the net (lower) heating value [BTU/lb] of the alternative fuel;

NHV_pet is the net (lower) heating value [BTU/lb] of the petroleum fuel;

D_alt is the density [lb/gallon for liquid fuels or lb/100 standard cubic feet for gaseous fuels] of the alternative fuel;

D_pet 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 §600.011–93).

(B) The density for alcohol fuels shall be determined per ASTM D 1298 (Incorporated by reference as specified in §600.011–93).

(iii) The net heating value and density of gasoline are to be determined by the manufacturer in accordance with §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:

E₅./E_g>or=1

Where:

E₅.=[FE₅./(NHV₅.×D₅.)]×10⁶ =energy efficiency while operating on 50% alcohol, 50% gasoline rounded to the nearest 0.01 miles/million BTU.

E_g=[FE_g/(NHV_g×D_g)]×10⁶ =energy efficiency while operating on gasoline fuel rounded to the nearest 0.01 miles/million BTU.

FE₅. is the fuel economy [miles/gallon] while operated on 50% alcohol, 50% gasoline as determined in §600.113;

FE_g is the fuel economy [miles/gallon] while operated on gasoline as determined in §600.113;

NHV₅. is the net (lower) heating value [BTU/lb] of the 50/50 blend;

NHV_g is the net (lower) heating value [BTU/lb] of gasoline;

D₅. is the density [lb/gallon] of the 50/50 blend;

D_g 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 §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 §600.011–93).

(iii) The net heating value and density of gasoline are to be determined by the manufacturer in accordance with §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.

(2) [Reserved]

(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.

[59 FR 39659, Aug. 3, 1994]

§ 600.511-80 Determination of domestic production.

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(a) An automobile shall be considered domestically produced in any model year if it is included within a domestically produced car line (car line includes station wagons for purposes of this paragraph), unless the assembly of such automobile is completed in Canada or Mexico and such automobile is not imported into the United States prior to the expiration of 30 days following the end of the model year. For purposes of this paragraph a car line will be considered domestically produced if the following ratio is less than 0.25:

(1) The sum of the declared value, as defined in §600.502, of all of the imported components installed or included on automobiles produced within such a car line within a given model year plus the cost of transportation and insuring such components to the United States port of entry, the Mexican port of entry (when paragraph (b)(3) of this section applies), or the Canadian port of entry but exclusive of any customs duty, divided by

(2) The cost of production, as defined in §600.502, of automobiles within such car line.

(b) For the purposes of calculations under this subpart with respect to automobiles manufactured during any model year,

(1) An average exchange rate for the country of origin of each imported component shall be used that is calculated by taking the mean of the exchange rates in effect at the end of each quarter set by the Federal Reserve Bank of New York for twelve calendar quarters prior to and including the calendar quarter ending one year prior to the date that the manufacturer submits the calculation of the preliminary average for such model year. Such rate, once calculated, shall be in effect for the duration of the model year. Upon petition of a manufacturer, the Administrator may permit the use of a different exchange rate where appropriate and necessary.

(2) For automobiles for which paragraph (b)(3) of this section does not apply pursuant to the schedule in paragraph (b)(4), components shall be considered imported unless they are either:

(i) Wholly the growth, product, or manufacture of the United States and/or Canada, or

(ii) Substantially transformed in the United States or Canada into a new and different article of commerce.

(3) For automobiles for which this paragraph applies pursuant to the schedule in paragraph (b)(4) of this section, components shall be considered imported unless they are either:

(i) Wholly the growth, product, or manufacture of the United States and/or Canada and/or Mexico, or

(ii) Substantially transformed in the United States and/or Canada and/or Mexico into a new and different article of commerce.

(4) Paragraphs (b)(4) (i) through (v) of this section set forth the schedule according to which paragraph (b)(3) of this section applies for all automobiles manufactured by a manufacturer and sold in the United States, wherever assembled.

(i) With respect to a manufacturer that initiated the assembly of automobiles in Mexico before model year 1992, the manufacturer may elect, at any time between January 1, 1997, and January 1, 2004, to have paragraph (b)(3) of this section apply to all automobiles it manufactures, beginning with the model year commencing after the date of such election.

(ii) With respect to a manufacturer initiating the assembly of automobiles in Mexico after model year 1991, paragraph (b)(3) of this section shall apply to all automobiles it manufactures, beginning with the model year commencing after January 1, 1994, or the model year commencing after the date that the manufacturer initiates the assembly of automobiles in Mexico, whichever is later.

(iii) With respect to a manufacturer not described by paragraph (b)(4) (i) or (ii) of this section assembling automobiles in the United States or Canada but not in Mexico, the manufacturer may elect, at any time between January 1, 1997, and January 1, 2004, to have paragraph (b)(3) of this section apply to all automobiles it manufactures, beginning with the model year commencing after the date of such election, except that if such manufacturer initiates the assembly of automobiles in Mexico before making such election, this paragraph shall not apply, and the manufacturer shall be subject to paragraph (b)(4)(ii) of this section.

(iv) With respect to a manufacturer not assembling automobiles in the United States, Canada, or Mexico, paragraph (b)(3) of this section shall apply to all automobiles it manufactures, beginning with the model year commencing after January 1, 1994.

(v) With respect to a manufacturer authorized to make an election under paragraph (b)(4) (i) or (iii) of this section which has not made that election within the specified period, paragraph (b)(3) of this section shall apply to all automobiles it manufactures, beginning with the model year commencing after January 1, 2004.

(5) All elections under paragraph (b)(4) of this section shall be made in accordance with the procedures established by the Secretary of Transportation pursuant to 15 U.S.C. 2003(b)(2)(G)(iii).

(c) If it is determined by the Administrator at some date later than the date of entry that the declared value of such imported components did not represent fair market value at the date of entry, through U.S. Bureau of Customs appraisals, the Administrator may review the determination made pursuant to paragraph (a) of this section as to whether the pertinent car lines which utilize such components were correctly included within the manufaturer's domestically-produced or foreign-produced fleets. If such a determination was in error due to misrepresentation of the valuation of imported components at the date of entry, the Administrator may recalculate the manufacturer's average for the affected model year, according to §600.510, to reflect the correct valuation of such imported components in each affected car line.

(d) In calculating average fuel economy under §600.510(c), the Administrator will separate the total number of passenger automobiles produced by a manufacturer into the following two categories:

(1) Passenger automobiles which are domestically produced by the manufacturer,

(2) Passenger automobiles which are not domestically produced and which are imported by the manufacturer.

(e) In calculating average fuel economy under §600.510(c), the Administrator will separate the total number of light trucks produced by a manufacturer into the following two categories:

(1) Light trucks which are domestically produced by the manufacturer.

(2) Light trucks which are not domestically produced and which are imported by the manufacturer.

[42 FR 45662, Sept. 12, 1977, as amended at 43 FR 39376, Sept. 5, 1978; 59 FR 679, Jan. 6, 1994; 59 FR 33914, July 1, 1994]

§ 600.512-01 Model year report.

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(a) For each model year, the manufacturer shall submit to the Administrator a report, known as the model year report, containing all information necessary for the calculation of the manufacturer's average fuel economy. The results of the manufacturer calculations and summary information of model type fuel economy values which are contained in the average calculation shall be submitted to the Secretary of the Department of Transportation, National Highway and Traffic Safety Administration.

(b)(1) The model year report shall be in writing, signed by the authorized representative of the manufacturer and shall be submitted no later than 90 days after the end of the model year.

(2) The Administrator may waive the requirement that the model year report be submitted no later than 90 days after the end of the model year. Based upon a request by the manufacturer, if the Administrator determines that 90 days is insufficient time for the manufacturer to provide all additional data required as determined in §600.507, the Administrator shall establish a date by which the model year report must be submitted.

(3) Separate reports shall be submitted for passenger automobiles and light trucks (as identified in §600.510).

(1) All fuel economy data used in the labeling calculations and subsequently required by the Administrator in accordance with §600.507;

(2) All fuel economy data for certification vehicles and for vehicles tested for running changes approved under 40 CFR 86.1842–01;

(3) Any additional fuel economy data submitted by the manufacturer under §600.509;

(4) A fuel economy value for each model type of the manufacturer's product line calculated according to §600.510(b)(2);

(5) The manufacturer's average fuel economy value calculated according to §600.510(c);

(6) A listing of both domestically and nondomestically produced car lines as determined in §600.511 and the cost information upon which the determination was made; and

(7) The authenticity and accuracy of production data must be attested to by the corporation, and shall bear the signature of an officer (a corporate executive of at least the rank of vice-president) designated by the corporation. Such attestation shall constitute a representation by the manufacturer that the manufacturer has established reasonable, prudent procedures to ascertain and provide production data that are accurate and authentic in all material respects and that these procedures have been followed by employees of the manufacturer involved in the reporting process. The signature of the designated officer shall constitute a representation by the required attestation.

[64 FR 23976, May 4, 1999]

§ 600.512-86 Model year report.

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(b)(1) The model year report shall be in writing, signed by the authorized representative of the manufacturer and shall be submitted no later than 60 days after the report required in §86.082–37 for the final production quarter.

(2) The Administrator may waive the requirement that the model year report be submitted within 60 days after the final quarterly production report. Based upon a request by the manufacturer, if the Administrator determines that 60 days is insufficient time for the manufacturer to provide all additional data required as determined in §600.507, the Administrator shall establish a date by which the model year report must be submitted.

(3) Separate reports shall be submitted for passenger automobiles and light trucks (as identified in §600.510).

(1) All fuel economy data used in the labeling calculations and subsequently required by the Administrator in accordance with §600.507.

(2) All fuel economy data for certification vehicles and for vehicles tested for running changes approved under §§86.079–32, 86.079–33, and 86.082–34.

(3) Any additional fuel economy data submitted by the manufacturer under §600.509.

(4) A fuel economy value for each model type of the manufacturer's product line calculated according to §600.510(b)(2).

(5) The manufacturer's average fuel economy value calculated according to §600.510(c).

(6) A listing of both domestically and nondomestically produced car lines as determined in §600.511 and the cost information upon which the determination was made.

[49 FR 13855, Apr. 6, 1984]

§ 600.513-81 Gas Guzzler Tax.

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(a)(1) The provisions of this section do not apply to passenger automobiles exempted from Gas Guzzler Tax assessments by the Energy Tax Act of 1978 and regulations promulgated thereunder by the Internal Revenue Service. However, the manufacturer of an exempted passenger automobile may, in his discretion, label such vehicles in accordance with the provisions of this section.

(2) Vehicles produced by a manufacturer that has been granted an alternate tax rate schedule by the Secretary of the Treasury shall be labeled with the applicable tax determined under any such alternate tax schedule.

(3) For 1980 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:

FE_adj = Fe[((0.55×a_g×c) + (0.45×c) + (0.5556×a_g)+0.4487) / ((0.55×a_g)+0.45)] + IW_g

Where:

FE_adj=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 §600.207, rounded to the nearest 0.0001 mpg.

a_g=Model type highway fuel economy, calculated in accordance with §600.207, rounded to the nearest 0.0001 mpg divided by the model type city fuel economy calculated in accordance with §600.207, rounded to the nearest 0.0001 mpg. The quotient shall be rounded to 4 decimal places.

c=2.501×10⁻² for the 1980 model year

c=2.184×10⁻² for the 1981 model year

c=9.260×10⁻³ for the 1982 model year

c=1.435×10⁻² for the 1983 model year

c=1.420×10⁻² for the 1984 model year

c=1.490×10⁻² for the 1985 model year

c=1.300×10⁻³ for the 1986 and later model years

IW_g = (9.2917×10⁻³ × SF_3IWCG × FE_3IWCG) − (3.5123×10⁻³ × SF_4ETWG × FE_4IWCG)

Note: Any calculated value of IW less than zero shall be set equal to zero.

SF_3IWCG=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.

SF_4ETWG=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.

FE_3IWCG=The 3000 lb. inertia weight class base level combined fuel economy used to calculate the model type fuel economy rounded to the nearest 0.0001 mpg.

FE_4IWCG=The 4000 lb. inertia weight class base level combined fuel economy used to calculate the model type fuel economy rounded to the nearest 0.0001 mpg.

(b) This paragraph applies to 1981 model year vehicles. (1) Passenger automobiles with a combined general label model type fuel economy value of less than 17.0 mpg, calculated in accordance with paragraph (a)(3) of this section and rounded to the nearest 0.1 mpg, shall carry a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 17.0 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 16.0 mpg, but less than 17.0 mpg, the Gas Guzzler Tax statement shall show a tax of $200.

(iii) At least 15.0 mpg, but less than 16.0 mpg, the Gas Guzzler Tax statement shall show a tax of $350.

(iv) At least 14.0 mpg, but less than 15.0 mpg, the Gas Guzzler Tax statement shall show a tax of $450.

(v) At least 13.0 mpg, but less than 14.0 mpg, the Gas Guzzler Tax statement shall show a tax of $550.

(vi) Less than 13.0 mpg, the Gas Guzzler Tax statement shall show a tax of $650.

(c) This paragraph applies to 1982 model year vehicles. (1) Passenger automobiles with a combined general label model type fuel economy value of less than 18.5 mpg, calculated in accordance with paragraph (a)(3) of this section and rounded to the nearest 0.1 mpg, shall carry a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 18.5 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $200.

(iii) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $350.

(iv) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $450.

(v) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $600.

(vi) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $750.

(vii) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $950.

(viii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,200.

(d) This paragraph applies to 1983 model year vehicles. (1) Passenger automobiles with a combined general label model type fuel economy value of less than 19.0 mpg, calculated in accordance with paragraph (a)(3) of this section and rounded to the nearest 0.1 mpg, shall carry a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 19.0 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 18.0 mpg, but less than 19.0 mpg, the Gas Guzzler Tax statement shall show a tax of $350.

(iii) At least 17.0 mpg, but less than 18.0 mpg, the Gas Guzzler Tax statement shall show a tax of $500.

(iv) At least 16.0 mpg, but less than 17.0 mpg, the Gas Guzzler Tax statement shall show a tax of $650.

(v) At least 15.0 mpg, but less than 16.0 mpg, the Gas Guzzler Tax statement shall show a tax of $800.

(vi) At least 14.0 mpg, but less than 15.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,000.

(vii) At least 13.0 mpg, but less than 14.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,250.

(viii) Less than 13.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,550.

(e) This paragraph applies to 1984 model year vehicles. (1) Passengers automobiles with a combined general label model type fuel economy value of less than 19.5 mpg, calculated in accordance with paragraph (a)(3) of this section and rounded to the nearest 0.1 mpg, shall carry a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 19.5 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 18.5 mpg, but less than 19.5 mpg, the Gas Guzzler Tax statement shall show a tax of $450.

(iii) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $600.

(iv) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $750.

(v) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $950.

(vi) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,150.

(vii) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,450.

(viii) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,750.

(ix) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,150.

(f) This paragraph applies to 1985 model year vehicles. (1) Passengers automobiles with a combined general label model type fuel economy value of less than 21.0 mpg, calculated in accordance with paragraph (a)(3) of this section and rounded to the nearest 0.1 mpg, shall carry a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 21.0 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 20.0 mpg, but less than 21.0 mpg, the Gas Guzzler Tax statement shall show a tax of $500.

(iii) At least 19.0 mpg, but less than 20.0 mpg, the Gas Guzzler Tax statement shall show a tax of $600.

(iv) At least 18.0 mpg, but less than 19.0 mpg, the Gas Guzzler Tax statement shall show a tax of $800.

(v) At least 17.0 mpg, but less than 18.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,000.

(vi) At least 16.0 mpg, but less than 17.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,200.

(vii) At least 15.0 mpg, but less than 16.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,500.

(viii) At least 14.0 mpg, but less than 15.0 mpg, the Gas Guzzler Tax statement shall show a tax of $1,800.

(ix) At least 13.0 mpg, but less than 14.0 mpg, the Gas Guzzler Tax statement shall show a tax of $2,200.

(x) Less than 13.0 mpg, the Gas Guzzler Tax statement shall show a tax of $2,650.

(g) This paragraph applies to 1986 and later model year vehicles. (1) Passenger automobiles with a combined general label model type fuel economy value of less than 22.5 mpg, calculated in accordance with paragraph (a)(3) of this section and rounded to the nearest 0.1 mpg, shall carry a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 22.5 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 21.5 mpg, but less than 22.5 mpg, the Gas Guzzler Tax statement shall show a tax of $500.

(iii) At least 20.5 mpg, but less than 21.5 mpg, the Gas Guzzler Tax statement shall show a tax of $650.

(iv) At least 19.5 mpg, but less than 20.5 mpg, the Gas Guzzler Tax statement shall show a tax of $850.

(v) At least 18.5 mpg, but less than 19.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,050.

(vi) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,300.

(vii) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,500.

(viii) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,850.

(ix) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,250.

(x) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,700.

(xi) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,200.

(xii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,850.

(Title V of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. 2001 et. seq., as amended by sec. 403 of the National Energy Conservation Policy Act, Pub. L. 95–619, 92 Stat. 3256)

[45 FR 51165, July 31, 1980, as amended at 50 FR 27187, July 1, 1985]

§ 600.513-91 Gas Guzzler Tax.

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(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) The provisions of this section do not apply to passenger automobiles exempted for Gas Guzzler Tax assessments by applicable federal law and regulations. However, the manufacturer of an exempted passenger automobile may, in its discretion, label such vehicles in accordance with the provisions of this section.

(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:

FE_adj = FE[((0.55×a_g×c) + (0.45×c) + (0.5556×a_g) + 0.4487) / ((0.55×a_g) + 0.45)] + IW_g

Where:

FE_adj=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 §600.207, rounded to the nearest 0.0001 mpg.

c=gas guzzler adjustment factor=1.300×10⁻³ for the 1986 and later model years.

IW_g = (9.2917×10⁻³ × SF_3IWCG FE_3IWCG) − (3.5123×10⁻³ × SF_4ETWG × FE_4IWCG)

Note: Any calculated value of IW less than zero shall be set equal to zero.

SF_3IWCG=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.

SF_4ETWG=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.

FE_3IWCG=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.

FE_4IWCG=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)(1) For passenger automobiles sold after December 31, 1990, with a combined general label model type fuel economy value of less than 22.5 mpg, calculated in accordance with paragraph (a)(2) of this section and rounded to the nearest 0.1 mpg, each vehicle fuel economy label shall include a Gas Guzzler Tax statement pursuant to section 403 of the National Energy Conservation Policy Act. The tax amount stated shall be as specified in paragraph (b)(2) of this section.

(2) For passenger automobiles with a combined general label model type fuel economy value of:

(i) At least 22.5 mpg, no Gas Guzzler Tax statement is required.

(ii) At least 21.5 mpg, but less than 22.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,000.

(iii) At least 20.5 mpg, but less than 21.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,300.

(iv) At least 19.5 mpg, but less than 20.5 mpg, the Gas Guzzler Tax statement shall show a tax of $1,700.

(v) At least 18.5 mpg; but less than 19.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,100.

(vi) At least 17.5 mpg, but less than 18.5 mpg, the Gas Guzzler Tax statement shall show a tax of $2,600.

(vii) At least 16.5 mpg, but less than 17.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,000.

(viii) At least 15.5 mpg, but less than 16.5 mpg, the Gas Guzzler Tax statement shall show a tax of $3,700.

(ix) At least 14.5 mpg, but less than 15.5 mpg, the Gas Guzzler Tax statement shall show a tax of $4,500.

(x) At least 13.5 mpg, but less than 14.5 mpg, the Gas Guzzler Tax statement shall show a tax of $5,400.

(xi) At least 12.5 mpg, but less than 13.5 mpg, the Gas Guzzler Tax statement shall show a tax of $6,400.

(xii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show a tax of $7,700.

[56 FR 55465, Oct. 28, 1991, as amended at 59 FR 39661, Aug. 3, 1994]

Appendix I to Part 600—Highway Fuel Economy Driving Schedule (Applicable to 1978 and Later Model Year Automobiles)

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                                                              [ speed (mph) vs time (sec) ]--------------------------------------------------------------------------------------------------------------------------------------------------------   SEC          MPH          SEC       MPH      SEC      MPH      SEC      MPH      SEC      MPH      SEC      MPH      SEC      MPH      SEC      MPH--------------------------------------------------------------------------------------------------------------------------------------------------------      0       Sample On        50      38.6      100     48.5      150     44.1      200     43.4      250     48.0      300     33.4      350     59.0      1             0.0        51      39.3      101     48.8      151     44.3      201     43.2      251     48.0      301     35.6      351     58.9      2             0.0        52      40.0      102     49.1      152     44.4      202     43.2      252     48.0      302     37.5      352     58.8      3             2.0        53      40.7      103     49.2      153     44.6      203     43.1      253     48.1      303     39.1      353     58.6      4             4.9        54      41.4      104     49.1      154     44.7      204     43.0      254     48.2      304     40.2      354     58.4      5             8.1        55      42.2      105     49.1      155     44.9      205     43.0      255     48.2      305     41.1      355     58.2      6            11.3        56      42.9      106     49.0      156     45.2      206     43.1      256     48.1      306     41.8      356     58.1      7            14.5        57      43.5      107     49.0      157     45.7      207     43.4      257     48.6      307     42.4      357     58.0      8            17.3        58      44.0      108     49.1      158     45.9      208     43.9      258     48.9      308     42.8      358     57.9      9            19.6        59      44.3      109     49.2      159     46.3      209     44.0      259     49.1      309     43.3      359     57.6     10            21.8        60      44.5      110     49.3      160     46.8      210     43.5      260     49.1      310     43.8      360     57.4     11            24.0        61      44.8      111     49.4      161     46.9      211     42.6      261     49.1      311     44.3      361     57.2     12            25.8        62      44.9      112     49.5      162     47.0      212     41.5      262     49.1      312     44.7      362     57.1     13            27.1        63      45.0      113     49.5      163     47.1      213     40.7      263     49.1      313     45.0      363     57.0     14            28.0        64      45.1      114     49.5      164     47.6      214     40.0      264     49.0      314     45.2      364     57.0     15            29.0        65      45.4      115     49.4      165     47.9      215     40.0      265     48.9      315     45.4      365     56.9     16            30.0        66      45.7      116     49.1      166     48.0      216     40.3      266     48.2      316     45.5      366     56.9     17            30.7        67      46.0      117     48.9      167     48.0      217     41.0      267     47.7      317     45.8      367     56.9     18            31.5        68      46.3      118     48.6      168     47.9      218     42.0      268     47.5      318     46.0      368     57.0     19            32.2        69      46.5      119     48.4      169     47.8      219     42.7      269     47.2      319     46.1      369     57.0     20            32.9        70      46.8      120     48.1      170     47.3      220     43.1      270     46.7      320     46.5      370     57.0     21            33.5        71      46.9      121     47.7      171     46.7      221     43.2      271     46.2      321     46.8      371     57.0     22            34.1        72      47.0      122     47.4      172     46.2      222     43.4      272     46.0      322     47.1      372     57.0     23            34.6        73      47.1      123     47.3      173     45.9      223     43.9      273     45.8      323     47.7      373     57.0     24            34.9        74      47.2      124     47.5      174     45.7      224     44.3      274     45.6      324     48.3      374     57.0     25            35.1        75      47.3      125     47.8      175     45.5      225     44.7      275     45.4      325     49.0      375     57.0     26            35.7        76      47.2      126     47.9      176     45.4      226     45.1      276     45.2      326     49.7      376     57.0     27            35.9        77      47.1      127     48.0      177     45.3      227     45.4      277     45.0      327     50.3      377     56.9     28            35.8        78      47.0      128     47.9      178     45.0      228     45.8      278     44.7      328     51.0      378     56.8     29            35.3        79      46.9      129     47.9      179     44.0      229     46.5      279     44.5      329     51.7      379     56.5     30            34.9        80      46.9      130     47.9      180     43.1      230     46.9      280     44.2      330     52.4      380     56.2     31            34.5        81      46.9      131     48.0      181     42.2      231     47.2      281     43.5      331     53.1      381     56.0     32            34.6        82      47.0      132     48.0      182     41.5      232     47.4      282     42.8      332     53.8      382     56.0     33            34.8        83      47.1      133     48.0      183     41.5      233     47.3      283     42.0      333     54.5      383     56.0     34            35.1        84      47.1      134     47.9      184     42.1      234     47.3      284     40.1      334     55.2      384     56.1     35            35.7        85      47.2      135     47.3      185     42.9      235     47.2      285     38.6      335     55.8      385     56.4     36            36.1        86      47.1      136     46.0      186     43.5      236     47.2      286     37.5      336     56.4      386     56.7     37            36.2        87      47.0      137     43.3      187     43.9      237     47.2      287     35.8      337     56.9      387     56.9     38            36.5        88      46.9      138     41.2      188     43.6      238     47.1      288     34.7      338     57.0      388     57.1     39            36.7        89      46.5      139     39.5      189     43.3      239     47.0      289     34.0      339     57.1      389     57.3     40            36.9        90      46.3      140     39.2      190     43.0      240     47.0      290     33.3      340     57.3      390     57.4     41            37.0        91      46.2      141     39.0      191     43.1      241     46.9      291     32.5      341     57.6      391     57.4     42            37.0        92      46.3      142     39.0      192     43.4      242     46.8      292     31.7      342     57.8      392     57.2     43            37.0        93      46.5      143     39.1      193     43.9      243     46.9      293     30.6      343     58.0      393     57.0     44            37.0        94      46.9      144     39.5      194     44.3      244     47.0      294     29.6      344     58.1      394     56.9     45            37.0        95      47.1      145     40.1      195     44.6      245     47.2      295     28.8      345     58.4      395     56.6     46            37.0        96      47.4      146     41.0      196     44.9      246     47.5      296     28.4      346     58.7      396     56.3     47            37.1        97      47.7      147     42.0      197     44.8      247     47.9      297     28.6      347     58.8      397     56.1     48            37.3        98      48.0      148     43.1      198     44.4      248     48.0      298     29.5      348     58.9      398     56.4     49            37.8        99      48.2      149     43.7      199     43.9      249     48.0      299     31.4      349     59.0      399     56.7--------------------------------------------------------------------------------------------------------------------------------------------------------

 --------------------------------------------------------------------------------------------------------------------------------------------------------   SEC       MPH       SEC       MPH      SEC      MPH      SEC      MPH      SEC      MPH      SEC      MPH      SEC      MPH      SEC         MPH--------------------------------------------------------------------------------------------------------------------------------------------------------    400      57.1       450      58.2      500     54.7      550     55.8      600     48.3      650     50.2      700     54.2      750           26.8    401      57.5       451      58.1      501     54.6      551     55.6      601     48.0      651     50.7      701     54.5      751           24.5    402      57.8       452      58.0      502     54.4      552     55.4      602     47.9      652     51.1      702     54.8      752           21.5    403      58.0       453      58.0      503     54.3      553     55.2      603     47.8      653     51.7      703     55.0      753           19.5    404      58.0       454      58.0      504     54.3      554     55.1      604     47.7      654     52.2      704     55.5      754           17.4    405      58.0       455      58.0      505     54.2      555     55.0      605     47.9      655     52.5      705     55.9      755           15.1    406      58.0       456      58.0      506     54.1      556     54.9      606     48.3      656     52.1      706     56.1      756           12.4    407      58.0       457      58.0      507     54.1      557     54.6      607     49.0      657     51.6      707     56.3      757            9.7    408      58.0       458      57.9      508     54.1      558     54.4      608     49.1      658     51.1      708     56.4      758            7.0    409      57.9       459      57.9      509     54.0      559     54.2      609     49.0      659     51.0      709     56.5      759            5.0    410      57.8       460      58.0      510     54.0      560     54.1      610     48.9      660     51.0      710     56.7      760            3.3    411      57.7       461      58.1      511     54.0      561     53.8      611     48.0      661     51.1      711     56.9      761            2.0    412      57.7       462      58.1      512     54.0      562     53.4      612     47.1      662     51.4      712     57.0      762            0.7    413      57.8       463      58.2      513     54.0      563     53.3      613     46.2      663     51.7      713     57.3      763            0.0    414      57.9       464      58.3      514     54.0      564     53.1      614     46.1      664     52.0      714     57.7      764            0.0    415      58.0       465      58.3      515     54.0      565     52.9      615     46.1      665     52.2      715     58.2      765     Sample Off    416      58.1       446      58.3      516     54.0      566     52.6      616     46.2      666     52.5      716     58.8    417      58.4       467      58.2      517     54.1      567     52.4      617     46.9      667     52.8      717     59.1    418      58.9       468      58.1      518     54.2      568     52.2      618     47.8      668     52.7      718     59.2    419      59.1       469      58.0      519     54.5      569     52.1      619     49.0      669     52.6      719     59.1    420      59.4       470      57.8      520     54.8      570     52.0      620     49.7      670     52.3      720     58.8    421      59.8       471      57.5      521     54.9      571     52.0      621     50.6      671     52.3      721     58.5    422      59.9       472      57.1      522     55.0      572     52.0      622     51.5      672     52.4      722     58.1    423      59.9       473      57.0      523     55.1      573     52.0      623     52.2      673     52.5      723     57.7    424      59.8       474      56.6      524     55.2      574     52.1      624     52.7      674     52.7      724     57.3    425      59.6       475      56.1      525     55.2      575     52.0      625     53.0      675     52.7      725     57.1    426      59.4       476      56.0      526     55.3      576     52.0      626     53.6      676     52.4      726     56.8    427      59.2       477      55.8      527     55.4      577     51.9      627     54.0      677     52.1      727     56.5    428      59.1       478      55.5      528     55.5      578     51.6      628     54.1      678     51.7      728     56.2    429      59.0       479      55.2      529     55.6      579     51.4      629     54.4      679     51.1      729     55.5    430      58.9       480      55.1      530     55.7      580     51.1      630     54.7      680     50.5      730     54.6    431      58.7       481      55.0      531     55.8      581     50.7      631     55.1      681     50.1      731     54.1    432      58.6       482      54.9      532     55.9      582     50.3      632     55.4      682     49.8      732     53.7    433      58.5       483      54.9      533     56.0      583     49.8      633     55.4      683     49.7      733     53.2    434      58.4       484      54.9      534     56.0      584     49.3      634     55.0      684     49.6      734     52.9    435      58.4       485      54.9      535     56.0      585     48.7      635     54.5      685     49.5      735     52.5    436      58.3       486      54.9      536     56.0      586     48.2     6.36     53.6      686     49.5      736     52.0    437      58.2       487      54.9      537     56.0      587     48.1      637     52.5      687     49.7      737     51.3    438      58.1       488      55.0      538     56.0      588     48.0      638     50.2      688     50.0      738     50.5    439      58.0       489      55.0      539     56.0      589     48.0     6.39     48.2      689     50.2      739     49.5    440      57.9       490      55.0      540     56.0      590     48.1      640     46.5      690     50.6      740     48.5    441      57.9       491      55.0      541     56.0      591     48.4      641     46.2      691     51.1      741     47.6    442      57.9       492      55.0      542     56.0      592     48.9      642     46.0      692     51.6      742     46.8    443      57.9       493      55.0      543     56.0      593     49.0      643     46.0      693     51.9      743     45.6    444      57.9       494      55.1      544     56.0      594     49.1      644     46.3      694     52.0      744     44.2    445      58.0       495      55.1      545     56.0      595     49.1      645     46.8      695     52.1      745     42.5    446      58.1       496      55.0      546     56.0      596     49.0      646     47.5      696     52.4      746     39.2    447      58.1       497      54.9      547     55.9      597     49.0      647     48.2      697     52.9      747     35.9    448      58.2       498      54.9      548     55.9      598     48.9      648     48.8      698     53.3      748     32.6    449      58.2       499      54.8      549     55.9      599     48.6      649     49.5      699     53.7      749     29.3--------------------------------------------------------------------------------------------------------------------------------------------------------

[42 FR 45667, Sept. 12, 1977]

Appendix II to Part 600—Sample Fuel Economy Calculations

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(a) This sample fuel economy calculation is applicable to 1978 through 1987 model year automobiles.

(1) Assume that a gasoline-fueled vehicle was tested by the Federal Emission Test Procedure and the following results were calculated:

HC=.139 grams/mile

CO=1.59 grams/mile

CO₂=317 grams/mile

According to the procedure in §600.113–78, the city fuel economy or MPG_c, for the vehicle may be calculated by substituting the HC, CO, and CO₂ grams/mile values into the following equation.

MPG_c=27.7

(2) Assume that the same vehicle was tested by the Federal Highway Fuel Economy Test Procedure and calculation similar to that shown in paragraph (a) by this appendix resulted in a highway fuel economy or MPG_h of 36.9. According to the procedure in §600.113, the combined fuel economy (called MPG_c/h) for the vehicle may be calculated by substituting the city and highway fuel economy values into the following equation:

(b) This sample fuel economy calculation is applicable to 1988 and later model year automobiles.

(1) Assume that a gasoline-fueled vehicle was tested by the Federal Emission Test Procedure and the following results were calculated:

HC=.139 grams/mile

CO=1.59 grams/mile

CO₂=317 grams/mile

(2) Assume that the test fuel used for this test had the following properties:

SG=0.745

CWF=0.868

NHV=18,478 Btu/lb.

(3) According to the procedure in §600.113–88, the city fuel economy or MPG_c, for the vehicle may be calculated by substituting the HC, CO, and CO₂ gram/mile values and the SG, CWF, and NHV values into the following equation:

MPG_c = (5174 × 10⁴ × CWF × SG) / [((CWF × HC) + (0.429 × CO + (0.273 × CO₂)) ((0.6 × SG × NHV) + 5471)]

MPG_c = (5174× 10⁴ × 0.868×0.745) / [(0.868 × .139 + 0.429 × 1.59 + 0.273 × 317)(0.6 × 0.745 × 18478 + 5471)]

MPG_c=27.9

(4) Assume that the same vehicle was tested by the Federal Highway Fuel Economy Test Procedure and a calculation similar to that shown in (b)(3) resulted in a highway fuel economy of MPG_h of 36.9. According to the procedure in §600.113, the combined fuel economy (called MPG_c/h) for the vehicle may be calculated by substituting the city and highway fuel economy values into the following equation:

[51 FR 37852, Oct. 24, 1986]

Appendix III to Part 600—Sample Fuel Economy Label Calculation (1977 Model Year)

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Suppose that a manufacturer called Mizer Motors has a product line composed of eight car lines. Of these eight, four are available with the 300 CID, 2 barrel, non-catalyst, 49-state engine. These four car lines are:

Ajax

Boredom III

Dodo

Castor (Station Wagon)

A car line is defined in subpart A as a group of vehicles within a make or division which has a degree of commonality in construction. Car line does not consider any level of decor or opulence and is not generally distinguished by such characteristics as roofline, number of doors, seats, or windows. Station wagons and light duty trucks are, however, identified separately from the remainder of each car line. In other words, a Castor station wagon would be considered a different car line than the normal Castor car line made up of sedans, coupes, etc.

The engine considered here is defined as a basic engine in subpart A of this part. A basic engine is a unique combination of fuel system, number of cylinders, catalyst usage, and engine displacement.

A model type is a unique combination of car line, basic engine, and transmission class. Thus Ajax is a car line but Ajax 300–2V noncatalyst, 49-state, manual transmission is a model type whereas Ajax 300–2V non-catalyst, 49-state, automatic transmission is a different model type.

The following calculations provide an example of the procedures described in subpart C of this part for the calculation of vehicle configuration and model type fuel economy values. In order to simplify the presentation, only city fuel economy values are included. The procedure is identical for highway and combined fuel economy values.

Step I. Input data as supplied by the manufacturer or as determined from testing conducted by the Administrator.

Manufacturer—Mizer Motors.

Basic Engine: (300–2 barrel, 8–cylinder, non-catalyst, 49 state).

 --------------------------------------------------------------------------------------------------------------------------------------------------------                                                                                                                                  Label                                                                       Engine                  Inertia      Axle      Average   miles per     Vehicle                        Test vehicle carline                            code    Transmission    weight     ratio     miles per    gallon   configuration                                                                                                                      gallon       \1\         sales--------------------------------------------------------------------------------------------------------------------------------------------------------Ajax...............................................................          1          M-3       3,500       2.73     16.1001         16        15,000    Do.............................................................          2          A-3       3,500       2.56     15.9020         16        35,000Boredom III........................................................          4          M-3       4,000       3.08     14.2343         14        10,000Ajax...............................................................          3          M-4       4,000       3.36     15.0000         15        15,000Boredom III........................................................          8          A-3       4,000       2.56     13.8138         14        25,000    Do.............................................................          5          A-3       4,500       3.08     13.2203         13        20,000Castor.............................................................          5          A-3       5,000       3.08     10.6006         11        40,000--------------------------------------------------------------------------------------------------------------------------------------------------------\1\ The vehicle configuration fuel economy values, rounded to the nearest mile per gallon, are the fuel economy values that would be used on specific  labels for that vehicle configuration.

Step II. Group vehicle fuel economy and sales data according to base level combinations within this basic engine.

 ----------------------------------------------------------------------------------------------------------------                                                                                                    Projected                                                                          Inertia    Miles per       vehicle                                                   Transmission           weight      gallon      configuration                                                                                                      sales----------------------------------------------------------------------------------------------------------------Base level:  A......................................  Manual-3...................       3,500     16.1001            15,000  B......................................  Automatic..................       3,500     15.9020            35,000  C......................................  Manual-3...................       4,000     14.2343            10,000  C......................................  Manual-4...................       4,000     15.0000            15,000  D......................................  Automatic..................       4,000     13.8138            25,000  E......................................  ......do...................       4,500     13.2203            20,000  F......................................  ......do...................       5,000     10.6006            40,000----------------------------------------------------------------------------------------------------------------

Step III. Determine base level fuel economy values.

A. For all the base levels except the base level which includes 4,000 pound, manual transmission data, the base level fuel economy is as noted in Step II since only one vehicle configuration was tested within each of these base levels.

 ------------------------------------------------------------------------                                                               Miles per                                                                gallon------------------------------------------------------------------------3,500 lb/manual transmission................................     16.10013,500 lb/automatic transmission.............................     15.90204,000 lb/automatic transmission.............................     13.81384,500 lb/automatic transmission.............................     13.22035,000 lb/automatic transmission.............................     10.6006------------------------------------------------------------------------

B. Since data from more than one vehicle configuration are included in the 4,000-pound, manual transmission base level, this fuel economy is harmonically averaged in proportion to the percentage of total sales of all vehicle configurations tested within that base level represented by each vehicle configuration tested within that base level.

Step IV. For each model type offered by the manufacturer with that basic engine, determine the sales fraction represented by each inertia weight/transmission class combination and the corresponding fuel economy.

  ------------------------------------------------------------------------------------------------------Ajax:  Manual.......  1.0000 at 3,500 lb..........................  16.1001  Automatic....  0.3000 at 3,500 lb..........................  15.9020                 0.7000 at 4,000 lb..........................  13.8138Dodo:  Manual.......  0.4000 at 3,500 lb..........................  16.1001                 0.6000 at 4,000 lb..........................  14.6840  Automatic....  0.3000 at 3,500 lb..........................  15.9020                 0.7000 at 4,000 lb..........................  13.8138Boredom III:  Manual.......  1.0000 at 4,000 lb..........................  14.6840  Automatic....  0.2500 at 4,000 lb..........................  13.8138                 0.7500 at 4,500 lb..........................  13.2203Castor:  Automatic....  0.2000 at 4,500 lb..........................  13.2203                 0.8000 at 5,000 lb..........................  10.6006----------------------------------------------------------------------------------------------------------------

Step V. Determine fuel economy for each model type (that is, car line/basic engine/transmission class combination).

Ajax, 300–2 barrel, automatic, MPG=

View or download PDF

[41 FR 49766, Nov. 10, 1976]

Appendixes IV–VII to Part 600 [Reserved]

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Appendix VIII to Part 600—Fuel Economy Label Formats

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View or download PDF

[59 FR 39661, Aug. 3, 1994]

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US Laws, Codes, Statutes & Cases

40 C.F.R. PART 600—FUEL ECONOMY OF MOTOR VEHICLES

PART 600—FUEL ECONOMY OF MOTOR VEHICLES

Subpart A—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—General Provisions

§ 600.001-86 General applicability.

§ 600.001-93 General applicability.

§ 600.002-85 Definitions.

§ 600.002-93 Definitions.

§ 600.003-77 Abbreviations.

§ 600.004-77 Section numbering, construction.

§ 600.005-81 Maintenance of records and rights of entry.

§ 600.006-86 Data and information requirements for fuel economy vehicles.

§ 600.006-87 Data and information requirements for fuel economy vehicles.

§ 600.006-89 Data and information requirements for fuel economy vehicles.

§ 600.007-80 Vehicle acceptability.

§ 600.008-01 Review of fuel economy data, testing by the Administrator.

§ 600.008-77 Review of fuel economy data, testing by the Administrator.

§ 600.009-85 Hearing on acceptance of test data.

§ 600.010-86 Vehicle test requirements and minimum data requirements.

§ 600.011-93 Reference materials.

Subpart B—Fuel Economy Regulations for 1978 and Later Model Year Automobiles—Test Procedures

§ 600.101-86 General applicability.

§ 600.101-93 General applicability.

§ 600.102-78 Definitions.

§ 600.103-78 Abbreviations.

§ 600.104-78 Section numbering, construction.

§ 600.105-78 Recordkeeping.

§ 600.106-78 Equipment requirements.

§ 600.107-78 Fuel specifications.

§ 600.107-93 Fuel specifications.

§ 600.108-78 Analytical gases.

§ 600.109-78 EPA driving cycles.

§ 600.110-78 Equipment calibration.

§ 600.111-80 Test procedures.

§ 600.111-93 Test procedures.

§ 600.112-78 Exhaust sample analysis.

§ 600.113-78 Fuel economy calculations.

§ 600.113-88 Fuel economy calculations.

§ 600.113-93 Fuel economy calculations.

Subpart C—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—Procedures for Calculating Fuel Economy Values

§ 600.201-86 General applicability.

§ 600.201-93 General applicability.

§ 600.202-77 Definitions.

§ 600.203-77 Abbreviations.

§ 600.204-77 Section numbering, construction.

§ 600.205-77 Recordkeeping.

§ 600.206-86 Calculation and use of fuel economy values for gasoline-fueled, diesel, and electric vehicle configurations.

§ 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.

§ 600.207-86 Calculation of fuel economy values for a model type.

§ 600.207-93 Calculation of fuel economy values for a model type.

§ 600.208-77 Sample calculation.

§ 600.209-85 Calculation of fuel economy values for labeling.

§ 600.209-95 Calculation of fuel economy values for labeling.

Subpart D—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—Labeling

§ 600.301-86 General applicability.

§ 600.301-95 General applicability.

§ 600.302-77 Definitions.

§ 600.303-77 Abbreviations.

§ 600.304-77 Section numbering, construction.

§ 600.305-77 Recordkeeping.

§ 600.306-86 Labeling requirements.

§ 600.307-86 Fuel economy label format requirements.

§ 600.307-95 Fuel economy label format requirements.

§ 600.310-86 Labeling of high altitude vehicles.

§ 600.311-86 Range of fuel economy for comparable automobiles.

§ 600.312-86 Labeling, reporting, and recordkeeping; Administrator reviews.

§ 600.313-01 Timetable for data and information submittal and review.

§ 600.313-86 Timetable for data and information submittal and review.

§ 600.314-01 Updating label values, annual fuel cost, Gas Guzzler Tax, and range of fuel economies for comparable automobiles.

§ 600.314-86 Updating label values, annual fuel cost, Gas Guzzler Tax, and range of fuel economies for comparable automobiles.

§ 600.315-82 Classes of comparable automobiles.

§ 600.316-78 Multistage manufacture.

Subpart E—Fuel Economy Regulations for 1977 and Later Model Year Automobiles—Dealer Availability of Fuel Economy Information

§ 600.401-77 General applicability.

§ 600.402-77 Definitions.

§ 600.403-77 Abbreviations.

§ 600.404-77 Section numbering, construction.

§ 600.405-77 Dealer requirements.

§ 600.406-77 [Reserved]

§ 600.407-77 Booklets displayed by dealers.