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(continued)
(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.
(c) The manufacturer shall submit the following fuel economy data:
(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.
(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).
(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 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:
FE4,000mi=FET[0.979+5.25×10-6 (mi)]-1
Where:
FE4,000mi=Fuel economy data adjusted to 4,000-mile test point rounded to the nearest 0.1 mpg.
FET=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.
(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.
(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.
(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 (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.
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Document number and name 40 CFR part 600 reference
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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.
(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 stops 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 emissions is collected continuously for subsequent analysis using a constant volume (variable dilution) sampler. Diesel dilute exhaust is continuously analyzed for hydrocarbons using a heated sample line and analyzer.
(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). (continued)