[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 836 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 836

          To require accurate fuel economy testing procedures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2005

 Ms. Cantwell introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
          To require accurate fuel economy testing procedures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fuel Economy Truth in Labeling 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Current method inaccurate.--The Environmental 
        Protection Agency's current method for estimating fuel economy 
        is flawed and does not take into account the changes in driving 
        conditions that have taken place over the past 30 years. As a 
        result, the Environmental Protection Agency's tests 
        overestimate fuel economy by up to 30 percent, and 
        Environmental Protection Agency window sticker information 
        overestimates fuel economy by 10 percent or more.
            (2) Underestimating highway speeds.--The Environmental 
        Protection Agency highway cycle assumes an average speed of 48 
        miles per hour (referred to in this section as ``mph'') and a 
        top speed of 60 mph. Many State highway speed limits are set at 
        or above 65 mph. Government data indicates that fuel economy 
        can drop by 17 percent for modern vehicles that drive at 70 mph 
        instead of 55 mph. Even at 65 mph, fuel economy can drop by 
        nearly 10 percent compared to driving at 55 mph.
            (3) Assuming very gentle acceleration and braking.--The 
        maximum acceleration rate in the Environmental Protection 
        Agency test cycles is 3.3 mph per second, about the same as 
        going from zero to 60 mph in about 18 seconds. The average new 
        car or truck can accelerate nearly twice as fast. While most 
        consumers don't use all the power in their vehicle, the 
        Environmental Protection Agency data shows that people 
        accelerate as fast as 15 mph per second, nearly 5 times the 
        Environmental Protection Agency tests. In 1996 the 
        Environmental Protection Agency established a new driving cycle 
        (US06) that includes tougher acceleration and deceleration and 
        higher speeds, but this cycle is not used for fuel economy 
        purposes.
            (4) Neglecting the wide range of outdoor temperatures 
        experienced in the real world.--The Environmental Protection 
        Agency tests are performed between 68 and 86 degrees 
        Fahrenheit. Most States frequently experience weather 
        conditions outside this range and fuel economy can be 
        significantly affected as a result.
            (5) Failing to reflect the use of air conditioning.--Fuel 
        economy tests are run with the air conditioning off, while over 
        99 percent of all cars and trucks come with air conditioning. 
        In 1996 the Environmental Protection Agency established a new 
        driving cycle (SC03) that included air conditioning, but this 
        cycle is not used for fuel economy purposes.
            (6) Overestimating trip lengths.--The Environmental 
        Protection Act city test cycle is 7.5 miles long. The 
        Environmental Protection Agency's own data indicate that 
        average trip lengths may be only 5 miles long, with typical 
        trips as short as 2.5 miles. Shorter trips often mean lower 
        fuel economy because the engine does not have time to warm up 
        and operate efficiently.
            (7) Fuel consumption.--Fuels used for engine certification 
        tests are artificial in that they are highly refined, and not 
        equivalent to the fuel consumed during the life of a vehicle. 
        Use of reference diesel and gasoline fuels while desirable from 
        the standpoint of engineering design, optimization, and test 
        repeatability, understate emissions and overstate fuel economy 
        experienced by a vehicle in actual use. Current technology that 
        improves commercially available fuel at or near the point of 
        use is excluded from consideration by engine manufacturers as 
        original or optional equipment due to lack of need to represent 
        engine performance on anything other than reference fuels. 
        While allowing use of reference fuels for certification 
        purposes, the Environmental Protection Agency should consider 
        requiring manufacturers to post fuel economy realized on 
        commercially available fuel.

SEC. 3. UPDATED FUEL ECONOMY TESTING PROCEDURES.

    (a) In General.--The Administrator of the Environmental Protection 
Agency, in consultation with the Administrator of the National Highway 
Traffic Safety Administration, shall revise the test procedures set 
forth in sections 600.209-85 and 600.209-95 of the Agency's regulations 
(40 C.F.R. 600.209-85 and 600.209-95) to take into consideration 
current factors that may affect vehicle fuel economy, including--
            (1) higher speed limits;
            (2) faster acceleration rates;
            (3) variations in temperature;
            (4) the use of air conditioning;
            (5) shorter city test cycle lengths; and
            (6) the use of other fuel depleting features.
    (b) Rulemaking Deadlines.--
            (1) Initial.--Not later than 30 days after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall initiate a rulemaking procedure to 
        revise the test procedures described in subsection (a).
            (2) Final rule.--Not later than 18 months after initiating 
        a rulemaking procedure under paragraph (1), the Administrator 
        shall promulgate a final rule containing the revised test 
        procedures.
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