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[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.
(c) The vehicle description on general labels will be as follows:
(1) Model year;
(2) Vehicle car line;
(3) Engine displacement, in cubic inches, cubic 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,
(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. 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.”
(vi)(A) The Gas Guzzler statement, when applicable (see paragraph (f) of this section), must be centered on a separate line between the bottom border and the Estimated Annual Fuel Cost statements. The words “Gas Guzzler” shall be highlighted.
(B) The type size shall be at least as large as the largest type size in the bottom 50 percent of the label.
(vii)(A) For alcohol-fueled, and natural gas-fueled automobiles, the statement: “*This vehicle operates on [insert appropriate fuel(s)] only.” shall appear above the bottom border. The phrase shall be in lower case in a medium condensed type except for the fuels listed which shall be capitalized in a bold condensed type no smaller than 12 points in size.
(B) For natural gas-fueled automobiles, the statements: “All fuel economy values on this label pertain to gasoline equivalent fuel economy. To convert these values into units of miles per 100 cubic feet of natural gas, multiply by 0.823.” At the manufacturers option, the statement “To convert these values into units of miles per 100 cubic feet of natural gas, multiply by 0.823.” may be replaced by the statement “The fuel economy in units of miles per (insert units used in retail) is estimated to be (insert city fuel economy value) in the city, and (insert highway fuel economy value) on the highway.
(C) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the statement: “This vehicle operates on [insert gasoline or diesel as appropriate] and [insert other fuel(s) as appropriate].” shall appear above the bottom border. The phrase shall be in lower case in a medium condensed type except for the words “gasoline” or “diesel” (as appropriate) and the other fuels listed, which shall be capitalized in a bold condensed type no smaller than 12 points in size.
(viii) For alcohol dual fuel automobiles and natural gas dual fuel automobiles, the statement: “All fuel economy values on this label pertain to [insert gasoline or diesel as appropriate] fuel usage. [insert other fuel(s) as appropriate] fuel(s) usage will yield different values. See the FREE FUEL ECONOMY GUIDE for information on [insert other fuel(s)] .” At the manufacturers option, the above statements may be replaced by the statement “The fuel economy while using [insert appropriate fuel (example “M85)] is estimated to be [insert city fuel economy value and appropriate units] in the city and [insert highway fuel economy value and appropriate units] on the highway. See the FREE FUEL ECONOMY GUIDE for other information on [insert appropriate fuel].
(4) The maximum type size for the statements located in the lower 50 percent of the label shall not exceed 10 points in size, except as provided for in paragraphs (a)(3)(vii)(A) and (B) of this section.
(b)(1) The city mpg number shall be displayed on the left and the highway mpg number displayed on the right.
(2)(i) Except for the digit “one,” each mpg digit shall measure at least 0.35 inches by 0.6 inches (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 of this part, the logo and the fuel economy label values, including the titles “CITY MPG” and “HIGHWAY MPG,” must be increased in the same proportion.
(ii) The area bounded by the bottom of the fuel pump logo to the top of the border must continue to represent at least 50 percent of the available label area.
(c) The vehicle description on general labels will be as follows:
(1) Model year;
(2) Vehicle car line;
(3) Engine displacement, in cubic inches, cubic centimeters, or liters whichever is consistent with the customary description of that engine;
(4) Number of engine cylinders or rotors;
(5) Additional engine description, if necessary to distinguish otherwise identical model types, as approved by the Administrator;
(6) Fuel metering system, including number of carburetor barrels, if applicable;
(7) Transmission class;
(8) Catalyst usage, if necessary to distinguish otherwise identical model types; and
(9) California emission control system usage, if applicable and if the Administrator determines that automobiles intended for sale in the State of California are likely to exhibit significant differences in fuel economy from those intended for sale in other states.
(d) The vehicle description on specific labels will be as follows:
(1) The descriptions of paragraph (c) of this section;
(2) Inertia weight class;
(3) Axle ratio; and
(4) Other engine or vehicle parameters, if approved by the Administrator.
(e) Where the fuel economy label is incorporated with the pricing information sticker, the applicable vehicle description, as set forth in paragraph (c) or (d) of this section, does not have to be repeated if the information is readily found on the Motor Vehicle Information and Cost Savings Act label.
(f)(1) For fuel economy labels of passenger automobile model types requiring a tax statement under §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 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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(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.
(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.
[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).
(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 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 if required by Department of Treasury regulations).
(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. (continued)