[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23906-23976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9062]



[[Page 23905]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 9 et al.



Control of Air Pollution From New Motor Vehicles; Compliance Programs 
for New Light-Duty Vehicles and Light-Duty Trucks; Final Rule

  Federal Register / Vol. 64, No. 85 / Tuesday, May 4, 1999 / Rules and 
Regulations  

[[Page 23906]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 85, 86, 88 and 600

[FRL-6312-9]
RIN 2060-AH05


Control of Air Pollution From New Motor Vehicles; Compliance 
Programs for New Light-Duty Vehicles and Light-Duty Trucks

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (referred to hereafter as 
``EPA'' or ``the Agency'') proposed a new compliance assurance program 
(referred to as ``CAP 2000'') on July 23, 1998. This action adopts 
revised emissions compliance procedures for new light-duty vehicles and 
light-duty trucks contained in the NPRM. CAP 2000 simplifies and 
streamlines the current procedures manufacturers must follow to obtain 
pre-production emission certification of new motor vehicles. The new 
certification program provides the same environmental benefits as the 
current procedures while significantly reducing the certification cost 
for manufacturers, and giving manufacturers more control of production 
timing. EPA is also adopting a requirement that manufacturers test in-
use motor vehicles to monitor compliance with emission standards. 
Manufacturers will test samples of in-use vehicles when they are 
approximately one and four years old. These test data will be used to 
improve the process which predicts in-use compliance and will determine 
the need for further action by the Agency or the manufacturer to 
address any in-use emission compliance problems. CAP 2000 will be 
implemented beginning with model year (MY) 2001 vehicles. Manufacturers 
are allowed to voluntarily opt-in to the CAP 2000 procedures beginning 
with the 2000 model year. EPA estimates that overall, manufacturers 
will save about $55 million dollars a year as a result of today's final 
rule.

DATES: This rule is effective May 4, 1999. The information collection 
requirements contained in 40 CFR part 86, as listed in 40 CFR part 9, 
have been approved by OMB and are effective May 4, 1999. The 
incorporation of certain publications listed in the regulations is 
approved by the Director of the Federal Register as of May 4, 1999.

ADDRESSES: Materials relevant to this final rule are contained in EPA 
Air & Radiation Docket number A-96-50, located at Room M-1500, 
Waterside Mall, 401 M Street, SW, Washington, DC 20460. The docket may 
be viewed at this location between 8:00 a.m. and 5:30 p.m., Monday 
through Friday. The telephone number is (202) 260-7548 and the 
facsimile number is (202) 260-4400. A reasonable fee may be charged by 
EPA for copying docket material.

FOR FURTHER INFORMATION CONTACT: Linda Hormes, Vehicle Programs and 
Compliance Division, US EPA, 2000 Traverwood, Ann Arbor, Michigan 
48105, telephone (734) 214-4502, E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are those which 
manufacture and sell motor vehicles in the United States. Regulated 
categories and entities include:

------------------------------------------------------------------------
              Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry............................  New motor vehicle manufacturers.
------------------------------------------------------------------------

    This table is not intended to be exhaustive but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities the EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your product is regulated by this action, you should carefully examine 
the applicability criteria in Sec. 86.1801-01 of title 40 of the Code 
of Federal Regulations. If you have questions regarding the 
applicability of this action to a particular product, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Obtaining Copies of the Regulatory Documents

    The preamble and Technical Support Document are available 
electronically from the EPA Internet Web site. This service is free of 
charge, except for any cost you already incur for internet 
connectivity. The electronic version of this final rule is made 
available on the day of publication on the primary EPA Web site listed 
below. The EPA Office of Mobile Sources also publishes Federal Register 
notices and related documents on the secondary Web site listed below:

1. http://www.epa.gov/docs/fedrgstr/EPA-AIR/
2. http://www.epa.gov/OMSWWW/

(look in ``What's New'' or under the specific rulemaking topic)
    Please note that due to differences between the software used to 
develop the document and the software into which the document may be 
downloaded, changes in format, page length, etc. may occur.

Table of Contents

I. Introduction
II. Content of the Final Rule
    A. Certification Requirements
    1. Durability Requirements
    2. Emission Compliance Requirements
    3. Confirmatory Testing
    4. Fuel Economy
    5. Small Volume Provisions
    6. Information Requirements
    B. In-use Testing Requirements
    1. Overview
    2. In Use Verification Testing (IUVP)
    3. Manufacturer Funded In-use Confirmatory Testing
    C. Other Requirements and Topics
    1. Fees
    2. Miscellaneous Corrections and Changes
    3. Incentives to Encourage Better In-use Emission Performance
    4. Cross References in Other EPA Regulations
    D. Changes From the Proposed Rule
    1. 40 Degree Latitude Requirement for In-use Verification 
Vehicle Procurement
    2. NLEV and CAP 2000
    3. High Altitude In-use Testing
    4. Regulatory Language Section Numbering
    5. Evaporative and Refueling Durability Procedures
    6. High Altitude Certification Testing for Evaporative and 
Refueling Compliance
    7. Stabilized Vehicle Requirements
    8. Evaporative/Refueling Family Determination
    9. Evaporative/Refueling In-use Verification Testing
    E. Comments Relating to EPA's Legal Authorities and Factual 
Basis for CAP 2000
III. Projected Impacts
    A. Environmental Impacts
    B. Economic Impacts
IV. Public Participation
V. Administrative Requirements
    A. Administrative Designation and Regulatory Analysis
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Unfunded Mandates Reform Act
    E. Congressional Review Act
    F. National Technology Transfer and Advancement Act
    G. Protection of Children
    H. Enhancing the Intergovernmental Partnership
    I. Consultation and Coordination With Indian Tribal Governments
VI. Statutory Authority

I. Introduction

    Three programs are currently in place to ensure that automotive 
manufacturers design and build light-duty vehicles and light-duty 
trucks which comply with mandated emission standards for their useful 
lives (as prescribed in Sec. 86.1805-01): certification, assembly line 
testing

[[Page 23907]]

(known as Selective Enforcement Audits or SEAs) and recall. These 
programs are described in more detail in section I.A. of the Notice of 
Proposed Rulemaking (63 FR 39655).
    In addition to these emission control programs, EPA shares 
responsibilities with three other Federal agencies in the conduct of 
three fuel economy programs: the Corporate Average Fuel Economy (CAFE) 
program, the Fuel Economy Labeling program (and attendant issuance of 
the annual Gas Mileage Guide), and the Gas Guzzler Tax program. These 
programs were likewise discussed in some detail in the above-cited 
section of the Notice of Proposed Rulemaking (NPRM) for this rule.
    The mutual desire of EPA and the automotive industry to streamline 
and improve upon these compliance programs fostered a productive 
regulatory development process culminating in the proposed regulation. 
One of the main elements of the proposal is a streamlined certification 
program structure which retains EPA's confidence in pre-production 
compliance determinations while reducing costs for manufacturers. To 
verify the compliance predictions made for certification, the final 
rule requires manufacturers to conduct testing of in-use vehicles and 
to report the results to EPA. The significant amounts of in-use data 
generated by this testing will enhance the Agency's recall program and 
can be used for studies of in-use vehicle emission control performance 
in general.1 The in-use data will also obviate the need for 
most SEA testing.
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    \1\ Important in-use data are also available from other sources, 
including emission control repair statistics and I/M test results.
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    Today's final rule incorporates comments received during the public 
comment period. Most of the comments received suggested minor wording 
or procedural changes. No fundamental changes to the basic structure of 
the CAP 2000 proposal have been made in the final rule. A discussion of 
certain comments received is contained in section II below. The 
Response to Comments document in the Docket contains a detailed 
discussion of other comments received and EPA's responses.

II. Content of the Final Rule

    Unless otherwise indicated below, the discussion presented in the 
Preamble to the Notice of Proposed Rulemaking published at 63 FR 39653 
is applicable to this final rule.

A. Certification Requirements

1. Durability Requirements
    Durability Groups. EPA is adopting its proposal for manufacturers 
to divide their motor vehicles into groups called ``durability groups'' 
which include vehicles which are likely to exhibit similar exhaust 
emission deterioration over their useful lives, based on those 
characteristics of current-technology vehicles that most significantly 
affect the deterioration of emission control over time. Durability 
groups are based on engine type, fuel type, fuel system, catalyst 
construction, type of precious metals used in the catalyst, and 
relative engine/catalyst size and loading rates.
    EPA estimates that based on the current vehicle product offering, 
the number of required durability demonstrations under CAP 2000 will be 
reduced by as much as 75 percent, a substantial savings for 
manufacturers. However, the Agency believes that the new durability 
grouping criteria, the requirement for testing the worst case 
durability vehicle, and the in-use verification program (also discussed 
below) would comprise a more accurate and effective emission control 
program than the current procedures and should result in significant 
environmental benefits.
    To allow manufacturers flexibility in assigning durability groups, 
EPA is adopting provisions allowing manufacturers to use criteria other 
than relative engine/catalyst size and loading rates, provided that the 
criteria result in at least as many groups and do not group together 
dissimilar vehicles.
    Durability Demonstrations. The Agency is adopting as proposed its 
durability demonstration regulations. Each manufacturer (except small 
volume manufacturers and test groups which have special provisions 
discussed below) will be required to design a durability process which 
predicts the in-use deterioration of the vehicles it produces. The 
durability process will be applied to a worst-case durability vehicle 
configuration as selected by the manufacturer. While the Agency expects 
manufacturers to act in good faith in designing adequate durability 
processes, the Agency requirement to obtain advance approval for these 
procedures should assure that well-designed programs are implemented.
    In-use Feedback to Durability. Another important feature of today's 
rule is the requirement that manufacturers perform in-use testing on 
candidate in-use vehicles selected under the provisions of the in-use 
verification program described in section II. B. below. These in-use 
verification data will provide feedback information to manufacturers 
which will be used to improve their durability processes, if necessary.
    EPA may also withdraw its approval to use a durability procedure 
for future certification if the Agency determines that the procedure 
does not accurately predict in-use emission levels.
    Using aged emission control components to demonstrate compliance. 
EPA is adopting its proposal allowing manufacturers to demonstrate both 
durability and emission compliance by testing emission data vehicles 
installed with components aged to the equivalent of full useful life. 
The test data will represent the useful life emission levels for those 
vehicles, and can be compared directly to the emission standards 
without the use of deterioration factors. This certification compliance 
option will save manufacturers the cost of building and accumulating 
mileage on separate fleets of durability test vehicles. This process 
uses the same aging techniques as those used to calculate DFs in the 
normal durability program. Furthermore, the effect of using aged 
components directly on an emission data vehicle (EDV) is equivalent to 
applying a deterioration factor to an EDV which is calculated from 
those same aged components. EPA is also adopting its proposal to allow 
aged components to be used on more than one vehicle, under certain 
conditions.
    The Agency is also adopting its proposal that the configuration 
with the highest expected level of in-use deterioration be selected as 
the durability data vehicle (DDV) configuration.

Evaporative/Refueling Durability Procedures

    Evaporative family durability procedures were not proposed to be 
changed, but EPA requested and received comments about the criteria for 
designating evaporative/refueling families. Based on those comments, 
EPA is adopting some minor changes to the definition of evaporative/
refueling family, described in more detail below.
2. Emission Compliance Requirements
    Test Groups. EPA is adopting its proposal that manufacturers 
subdivide durability groups into units called ``test groups,'' for the 
purpose of demonstrating compliance with emission standards. One 
certificate of conformity with the emission standards will be issued 
per test group. Vehicles within a test group will have the following 
common elements: applicable

[[Page 23908]]

emission standards, engine displacement, number of cylinders, and 
arrangement of cylinders (e.g., in-line or V-shaped). EPA is adopting a 
number of provisions which allow manufacturers to further divide test 
groups to meet their needs without advance Agency approval. The Agency 
will also consider requests to combine test groups.
    Emission Testing. The Agency is adopting its proposal that 
manufacturers test one emission data vehicle (EDV) in each test group. 
The EDV configuration would be the configuration expected to generate 
the worst case exhaust emissions within the test group.
    One EDV per durability group will be required to be tested to 
demonstrate compliance with cold temperature carbon monoxide 
requirements, selected by the manufacturer as the worst case EDV within 
each durability group.
    Evaporative/refueling compliance. A separate certificate of 
conformity will be issued for each evaporate/refueling family within a 
test group.
    Durability and Emission Data Carryover. ``Carryover'' is a concept 
that allows the use of data generated in a previous model year to be 
used in a subsequent model year in lieu of additional testing. The 
Agency is adopting its proposal to allow carryover of durability and 
emission data when the manufacturer determines, using good engineering 
judgment, that the new vehicle configuration is capable of equivalent 
or superior emission or durability performance.
    EPA is adopting its proposal disallowing the carry over of in-use 
verification test data. This is discussed separately in section II. B. 
below.
    Use of Development Vehicles for EDVs. Currently, the regulations 
require that a unique vehicle be built to represent the EDV. This 
requirement was established to assure representativeness of the test 
results of the EDV. EPA established requirements that the vehicle have 
appropriate maintenance and sufficient representative mileage 
accumulation to stabilize emissions. Manufacturers typically run a 
second fleet of similar vehicles called ``development vehicles'' which 
they use to develop the production calibrations. These vehicles may 
have representative mileage accumulation and appropriate maintenance 
histories. The Agency is adopting its proposal that manufacturers may 
optionally use vehicles originally built to be development vehicles as 
EDVs for official certification testing.
    The Agency believes that development vehicles can be representative 
vehicles which would generate accurate emission levels. The portability 
of the calibration from one prototype vehicle to another would be 
assured by the restriction that a development vehicle which was used to 
develop the calibration used on the EDV may not be used as the EDV 
itself.
    Accept Statements of Compliance for Certification Short Tests. The 
certification short test was developed to assure that vehicles 
complying with the FTP exhaust emission standards could be accurately 
tested at State Inspection and Maintenance (I/M) test facilities 
without the need for special test procedures. The purpose of the 
certification short test is also to assure that manufacturers design 
their vehicles to comply with Inspection/Maintenance (I/M) tests used 
throughout the country and to account for the variation in test fuels 
and waiting times that vehicle owners might encounter.
    The Agency is adopting its proposal to accept a statement of 
compliance to satisfy the certification short test compliance 
requirements (see Secs. 86.094-8 and 86.094-9). The certification short 
test has been fully implemented since the 1996 model year. EPA's review 
of the CST data submitted by manufacturers thus far has indicated that 
test results are significantly beneath the standards, with values 
typically near zero. There have been no instances of test vehicles 
failing the standards.
    Evaporative/Refueling Emission Testing. The Agency is retaining the 
current evaporative/refueling testing requirements. One vehicle in each 
evaporative/refueling family (the worst case EDV with the worst case 
evaporative and fuel tank hardware installed) would be tested for 
compliance with the evaporative and refueling requirements subject to 
the phase-in requirements of the applicable model year.
3. Confirmatory Testing
    Manufacturer-performed confirmatory testing. The Agency is adopting 
the proposed requirements for certification and fuel economy 
confirmatory testing. Manufacturers will confirm most of their tests at 
their own facilities, if any of the following criteria originally 
proposed are met: (1) the vehicle version has previously failed a 
standard; (2) the vehicle exhibits high certification levels; (3) the 
fuel economy value of the vehicle is higher than expected; (4) the fuel 
economy value is close to a Gas Guzzler Tax threshold value; or (5) the 
fuel economy value is at a level which creates a potential vehicle 
class fuel economy leader. EPA will provide guidance to manufacturers 
on these criteria. Test results from the original manufacturer's test 
must be submitted to the Agency before any manufacturer confirmatory 
testing is conducted. The Agency will then indicate to the manufacturer 
whether the Agency will be performing any random or other confirmatory 
testing. Vehicle configurations selected for confirmatory testing by 
the Agency will not be required to be tested under the manufacturer 
confirmatory test program. Manufacturer confirmatory tests will be 
considered ``official'' and will be used in certification compliance 
determinations and fuel economy calculations. Any confirmatory tests 
performed by EPA will be considered official.
    The Agency is also adopting its proposal that manufacturers conduct 
retests whenever the manufacturer's original fuel economy test result 
and the manufacturer's confirmatory result fail to correlate 
satisfactorily. The criteria for satisfactory correlation is the three 
percent difference in fuel economy currently used in EPA's confirmatory 
test program. In lieu of conducting retests the manufacturer may accept 
the lowest fuel economy data for the purpose of calculating the fuel 
economy values. This retesting procedure assures that representative 
fuel economy data are generated during the manufacturer-funded 
confirmatory test program. The retest criteria are the same that the 
Agency has been employing on EPA retests. These have proven 
satisfactory at safeguarding the integrity of the fuel economy values 
at a reasonable cost in terms of additional tests conducted.
    Conditional Certification pending Confirmatory Testing. EPA is 
adopting its proposal to allow conditional emission certification for a 
test group (contingent upon manufacturer request and subject to Agency 
approval) when the confirmatory test scheduled for testing at the EPA 
facility has not yet been completed. To be eligible, the manufacturer 
must attest, and EPA have reason to believe, that the vehicle awaiting 
confirmatory test will ultimately comply with the standards when 
tested.
    The condition for certification is the same as that for the current 
``alternate procedure'' running change provisions (see Sec. 86.082-34). 
If the Administrator determines that the confirmatory test results in 
noncompliance with any standard, then the manufacturer will be so 
notified. Upon notification of this determination, the manufacturer 
must immediately suspend production of all vehicles covered by this 
certificate (or such fraction of the vehicles covered by the 
certificate that the Administrator determines to be affected) and the 
certificate of conformity will be

[[Page 23909]]

suspended (pending a hearing). As a further condition of the 
certificate, the manufacturer must agree to recall all vehicles which 
the Administrator determines to be in noncompliance with the applicable 
standards, and remedy such noncompliance at no expense to the owner.
4. Fuel Economy
    Conditional Fuel Economy Values Pending Confirmatory Testing. In 
addition to conditional certification, EPA is adopting its proposal 
allowing the use of conditional fuel economy labels. Manufacturers are 
permitted to calculate and use fuel economy labels prior to the 
completion of scheduled EPA confirmatory testing, provided that certain 
conditions are met.
    Once the confirmatory testing is completed, the manufacturer must 
recalculate, if necessary, all the affected fuel economy label values. 
The recalculated label values must be used for labeling on future 
production under either of the following circumstances:
    (1) If the newly calculated label value is at least 0.5 mpg lower 
than the original value, the manufacturer must use the recalculated 
label value and annual fuel cost on the labels placed on all future 
vehicles produced 15 days, or more, after the completion of the 
confirmatory test.
    (2) If the newly calculated label value is at least 0.1 mpg lower 
than the original value, the manufacturer must use the recalculated 
label value to determine Gas Guzzler Tax liability. The tax paid to the 
IRS must reflect the recalculated value for all vehicles produced. The 
gas guzzler tax statement required under the current provisions of 40 
CFR 600.307-95(f) to be placed on the fuel economy label shall reflect 
the recalculated values on all future vehicles produced 15 days, or 
more, after the completion of the confirmatory test.
    All confirmatory test results must be used in CAFE calculations.
    EPA is adopting its proposal requiring manufacturers to submit a 
copy of the CAFE calculations directly to the National Highway Traffic 
and Safety Administration (NHTSA) concurrent with the submission to 
EPA.
5. Small Volume Provisions
    EPA is adopting its proposal to increase the number of sales which 
define small volume manufacturers to U.S. sales of less than 15,000 per 
model year (including light-duty vehicles, light-duty trucks, heavy-
duty vehicles and heavy-duty engines). Similarly, EPA is adopting its 
proposal to allow any manufacturer to use small volume certification 
procedures for any test groups, provided that the combined U.S. sales 
are below 15,000 units per model year.
    Any certification options provided under CAP 2000 for large volume 
manufacturers would be available to small volume manufacturers (e.g., 
bench-aged components for durability, etc.).
6. Information Requirements
    Application for certification. EPA is adopting its proposal that 
manufacturers submit applications for certification on the basis of 
durability groups. The application will be submitted in two parts:
    Part 1 consists of general information about the manufacturer and 
the entire product line, durability group descriptions, evaporative/
refueling family descriptions, OBD information and information specific 
to each test group. This is the information generally needed by EPA to 
make certification decisions.
    Part 2 is information which is primarily needed by EPA for post-
certification compliance purposes. It includes such information as part 
numbers of each emission related component for each engine code, 
certain calibration specifications, owners manuals, service manuals and 
technical service bulletins. This information is necessary for the 
Agency to perform its in-use compliance activities such as identifying 
mis-builds (non-certified vehicle configurations), evaluating 
manufacturer defect reports, and conducting in-use recall testing 
programs.
    Timing of information submissions. Part 1 of the Application is to 
be submitted prior to certification and Part 2 is to be submitted by 
January first of the applicable model year (e.g. a model year 2001 Part 
2 Application would be due by 1/1/2001). Any updates to the Part 1 will 
also be due by January first of the model year.
    A final, end-of-model-year Application update (including any 
updates to Parts 1 and 2 reflecting any running changes occurring since 
January 1 is required to be submitted by January first of the following 
model year (for example, the final Application update for model year 
2001 would be due by 1/1/2002).
    Based on comments received, EPA is increasing the time allowed to 
submit the Part 2 application from 30 days to 60 days for those test 
groups certified close to the end of January 1 of the applicable model 
year.

B. In-Use Testing Requirements

1. Overview
    EPA is adopting the in-use testing program generally as proposed. 
The program consists of two basic categories of manufacturer-funded in-
use testing: (1) in-use verification testing of vehicles representing 
virtually all of the test groups produced by each manufacturer in each 
model year and, (2) in-use confirmatory testing consisting of more 
rigorous testing of test groups or subsets of these test groups 
(limited to transmission types) which, during the in-use verification 
testing, demonstrated potentially high emissions.
2. In-Use Verification Testing (IUVP)
    This element of the program will provide the Agency and the 
industry with emission data feedback from vehicles driven under real-
world conditions. The data generated from the IUVP will be used to 
assess and improve the effectiveness of the manufacturer's 
certification durability and emission demonstration processes. In 
addition, the IUVP data will be used to determine the need for further 
manufacturer funded in-use testing (In-Use Confirmatory Testing) which 
may be used by the Agency in determining whether an emissions recall is 
necessary.
    The basic elements of the proposed IUVP are low mileage (10,000 
mile minimum vehicle mileage, approximately one year of operation) and 
high mileage (50,000 mile minimum mileage and approximately four years 
of operation) emission testing of in-use vehicles. These mileage and 
age test points were selected to provide feedback to the Agency and the 
industry on the emission performance of vehicles at both an early point 
in their operating life (to allow early identification of any problems 
which occur in production or early in the life of the vehicle to 
minimize the emission impact of the defect or deficient design), and at 
a point well into the vehicle's statutorily-defined useful life (to 
identify and correct any problems which occur only after extended in-
use operation) but not at such a high mileage that high emitting 
vehicles would not be identified until the end of their useful life. 
The total number of vehicles a particular manufacturer would be 
required to test for the IUVP under the requirements of this proposal 
would be dependent upon the number of test groups in the manufacturer's 
product line and the number of sales within those groups. The sample 
sizes required for the low and high mileage test programs and test 
group sales volumes

[[Page 23910]]

are intended to reflect the increased potential for emission 
contribution by high production test groups, the increased likelihood 
of problems occurring as vehicles reach higher mileage, and the desire 
of the Agency to minimize the resources required to conduct the 
program.
    Additionally, EPA is adopting its proposal that a manufacturer may 
increase the required sample size specified for a specific IUVP test 
group sample with prior EPA approval prior to the initiation of the 
additional testing. The Agency believes that prior approval of an 
increase in sample size is needed to prevent the unrestrained addition 
of vehicles which could mask or dilute potential emission problems.
    EPA was requested to change the proposed requirement that one high-
mileage vehicle in the in-use verification fleet have at least 75,000 
miles to be at least 75 percent of full useful life. This purpose of 
the request was to harmonize with the California ARB proposed 
regulations, and EPA has done so in the final rule.
    EPA is adopting its proposed regulations for vehicle selection and 
procurement protocols. These procedures and protocols provide assurance 
that the in-use vehicles will have experienced typical real-world use 
and maintenance, and will screen out only those vehicles which are 
tampered, unsafe to test, or are in such a condition that restoration 
to a test-ready condition would be too costly. To preclude 
underestimating the emissions of the in-use fleet through possible 
climate-related bias (the Agency believes vehicles operated primarily 
in warm weather areas may be subject to less harsh durability 
conditions than those operated in cold weather), and on the basis of a 
comment received, EPA has modified its proposal requiring that a 
certain number of vehicles in each sample be procured from north of the 
40 degree parallel line. Instead, those vehicles must be procured from 
locations with a heating degree day 30 year annual average equal to or 
greater than 4,000. The reasons for this change are discussed in 
section D.1. below.
    As discussed above in section II.A., in the event that the IUVP 
data from a test group sample at either the low or high mileage test 
point exceed certain criteria, EPA is also requiring that manufacturers 
perform an analysis explaining why their durability processes are or 
are not still capable of accurately predicting in-use performance. EPA 
is also adopting as proposed its provisions for the in-use testing of 
small volume manufacturers/test groups and alternative fueled vehicles.
    EPA is adopting its proposal that the FTP and the US06 portion of 
the supplemental FTP (SFTP) be performed on each in-use vehicle tested. 
Manufacturers will determine the composite in-use SFTP emission level 
by combining the in-use US06 and in-use FTP test levels with the test 
level from the pre-production certification air conditioning test 
(without deterioration factors applied). The A/C portion of the 
supplemental FTP is an extremely resource intensive test because of the 
test cell requirements (a special environmental chamber). In evaluating 
the utility of the data which would be obtained versus the high cost of 
conducting an in-use A/C test cycle as part of the in-use verification 
program, EPA decided not to require testing on the A/C cycle. Included 
in this evaluation was EPA's belief that for emissions deterioration 
purposes, the US06 portion of the test can be directionally predictive 
of the results of the A/C cycle. EPA may always conduct its own in-use 
testing to confirm compliance, and if future indications are that 
noncompliance with the A/C cycle may be an issue, can revisit this 
decision in a future regulation.
    EPA is adopting its proposal requiring a single in-use evaporative 
test and on-board refueling loss test per evaporative/refueling family 
at both the low and high mileage test points. As of this final rule, 
ongoing evaporative test procedure streamlining efforts between EPA, 
California ARB and industry have not led to a unified procedure. 
Therefore, EPA is adopting its proposed in-use evaporative/refueling 
testing requirement using the test procedures described in subpart B of 
part 86.
    Because EPA's emission standards currently apply at high altitude 
as well as low altitude, EPA is adopting its proposal that one vehicle 
per test group be tested under high altitude conditions for FTP. EPA is 
proposing to require this testing only at the high mileage test point 
in order to minimize the expense and facility constraints, if any, 
associated with this testing.
3. Manufacturer Funded In-Use Confirmatory Testing
    Today's final rule also includes regulations which create a 
manufacturer funded in-use confirmatory testing program. These are 
unchanged from the proposed rule. This program requires manufacturers 
to conduct additional in-use testing of a test group when the IUVP data 
for the test group exceeds a specified trigger level. Additionally, EPA 
could target testing of a transmission-type subset of a test group if 
emissions shown by the entire test group sample meet the specified 
triggering criteria.
    The criteria that will trigger confirmatory testing (a mean of 1.30 
times the standard with a 50 percent or greater failure rate for the 
test group sample at either the low or high mileage test point) are 
based upon the emission standards to which the test group was 
originally certified.
    The Agency intends to periodically review and, if necessary, revise 
these criteria, and intends to do so after it has gathered sufficient 
information to support any revisions.

C. Other Requirements and Topics

1. Fees
    EPA is adopting its proposal to continue collecting a fee on a per-
certificate basis. Because the test group will become the unit of 
certification, a fee will be collected for each test group to be 
certified. The new fee schedule will be the same as proposed:


Federal signed................................................   $27,211
California only signed........................................     8,956
Fed only unsigned.............................................     2,738
Cal only unsigned.............................................     2,738
 

EPA is adopting its proposal to retain the waiver provision in the 
current fee regulations when the fee exceeds 1% of the aggregate 
projected U.S. sales of vehicles covered by the certificate 
(Sec. 86.908-93).
2. Miscellaneous Corrections and Changes
    EPA is adopting other requirements as proposed, including language 
prohibiting crankcase emissions from all light-duty vehicles, rather 
than from Otto-cycle and methanol-fueled diesel light-duty vehicles, 
the elimination of high altitude exemption provisions for those 
vehicles and trucks meeting specific design limitation criteria (see 
Secs. 86.094-8(h) and (i)), and a revision making the Agency's defeat 
device policy applicable to all types of fuels rather than just to 
gasoline.
3. Incentives To Encourage Better In-Use Emission Performance
    The Agency is adopting its proposed regulatory language that will 
allow the Agency to waive or modify certain other regulatory 
requirements to allow the structuring of an incentive program. In the 
NPRM, the Agency requested and received a number of suggestions 
regarding potential incentive rewards, and how an incentive program 
could be structured (discussed in more detail in the Response To 
Comments document in the docket). EPA will continue to work with 
interested parties in

[[Page 23911]]

developing an effective incentive program.
4. Cross References in Other EPA Regulations
    EPA has amended regulatory language which refers to Subpart A of 
Part 86 so that it also references Subpart S. Regulations affected 
include Part 85, subparts B, G, H, L, P, Q and R of Part 86, Part 88, 
and Part 600. Also, each part or subpart which includes the terms 
``engine family'' and/or ``engine control system'' has been amended to 
clarify that those terms can be construed to mean ``test group'' or 
``durability'' group in the context of Subpart S regulations.

D. Changes From the Proposed Rule

    EPA is adopting as final its proposed rule, with a few minor 
changes and corrections. The most significant changes are discussed 
below. A more detailed discussion about the comments received is in the 
Response to Comments document in the docket for this rule.
1. 40 Degree Latitude Requirement for In-Use Verification Vehicle 
Procurement
    EPA proposed that at least a certain number of vehicles in each 
test group be procured from north of the 40 degree parallel line to 
preclude underestimating the emissions of the in-use fleet through 
possible climate-related bias. The 40 degree north latitude requirement 
contained in the proposed regulations was intended to address the 
Agency's belief that vehicles operated primarily in warm weather areas 
may be subject to less harsh durability conditions than those operated 
in cold. The 40 degree line extends across the United States from Cape 
Mendocino, CA to Trenton, NJ. Major metropolitan areas in this region 
account for about 24% of the U.S. population. Vehicles could be 
procured from any area above the 40 degree latitude line. While this 
criterion captures a significant portion of cool weather areas, it did 
exclude a few major metropolitan areas which EPA would consider to be 
cool and would not wish to exclude from participation in the in-use 
verification program. Since the proposal, EPA has determined that there 
is a more scientifically-based method to ensure the acquisition of 
cooler-climate in-use vehicles, which will allow for the inclusion of 
previously excluded areas, and conversely, will not exclude any 
significant geographic areas where in-use vehicle procurement would 
likely occur. This method involves using readily available climate data 
known as ``annual average heating degree day'' (HDD) data. This data is 
compiled by various agencies, including the National Climatic Data 
Center (NCDC) of the National Oceanic and Atmospheric Administration 
(NOAA) and the Energy Information Administration (EIA) of the 
Department of Energy (DOE), and is readily available from these 
Agencies, both electronically and in hard copy. The Department of 
Energy, defines a heating degree day as ``the number of degrees per day 
that the daily average temperature (the mean of the maximum and minimum 
recorded temperatures) is below a base temperature, usually 65 degrees 
Fahrenheit, unless otherwise specified * * *''.
    Instead of procuring vehicles from above the 40 degree N latitude 
line, manufacturers will instead be required to procure vehicles from 
areas with at least 30 year annual average HDDs of 4,000. Four thousand 
was chosen as the criterion because limiting the criterion to areas 
with higher annual HDDs (for instance, 5,000) would exclude some major 
metropolitan areas that would have been covered with the 40 deg. 
latitude criterion and which EPA considers to be cooler climate areas, 
such as New York City, Newark, NJ, Seattle, WA, and Portland, OR., 
which the Agency did not intend to exclude. In fact, the 4,000 annual 
HDD criteria will now include formerly excluded major metropolitan 
areas as well, such as the Baltimore-Washington corridor. Overall, the 
area of the United States covered by the criteria is more extensive 
than the area defined by the 40 degree latitude line and will ensure 
that in-use test data is obtained from vehicles exposed to harsher 
weather. Additional major metropolitan are now included in Missouri, 
Illinois, West Virginia, Colorado, Utah, Kansas, Arizona, New Mexico, 
Oklahoma, and Kentucky. Major metropolitan areas in this region account 
for about 30 percent of the population. This change is also responsive 
to a comment received, discussed in more detail in the response to 
comments document. Accordingly, EPA is revising its regulations.
2. NLEV and CAP 2000
    The California ARB has adopted a regulation parallel to CAP 2000. 
This will supercede the current ARB regulations which apply to NLEV-
certified vehicles. Accordingly, EPA has modified the NLEV regulations 
in subpart R of part 86 to accommodate the incorporation of the 
California ARB CAP 2000 regulations into the NLEV certification 
process.
    An incorrect cite was inadvertently given in section 86.1801-01 of 
the proposed regulatory language, which referred the reader to Subpart 
A for NLEV requirements. This has been corrected.
    Regulatory language contained in Sec. 86.096-30 pertaining to NLEV 
certification was inadvertently omitted in CAP 2000 and has been added 
back under Sec. 86.1848-01.
3. High Altitude In-Use Testing
    The preamble language for the NPRM incorrectly stated that EPA was 
not proposing to include the results of high-altitude in-use 
verification testing in the data to be used to determine if a test 
group met the 1.30 times the standard criteria (modified from the 1.3 
in the proposed rule to preclude rounding errors) which triggers 
manufacturer in-use confirmatory testing. The proposed regulatory 
language did reflect the Agency's intention to include high altitude 
data in the calculation. The inclusion of high altitude data is 
appropriate given that the emission standards are ``all altitude,'' 
which require compliance to the same numerical standard regardless of 
altitude.
4. Regulatory Language Section Numbering
    Comments were favorable about the general layout and numbering 
scheme in the proposed rule. EPA is retaining this layout, but has 
renumbered (but not reordered) a portion of the final regulatory 
language to leave some blank ``Reserved'' sections. Doing so gives the 
Agency more flexibility in accommodating any future regulations and is 
in keeping with the Administration's ``Plain Language'' directive which 
suggests that Agencies leave reserved sections in new regulations for 
that purpose.
5. Evaporative and Refueling Durability Procedures
    A commenter requested that EPA clarify its language on the service 
accumulation methods for both evaporative and refueling durability 
procedures.2 Specifically, it was requested that EPA allow 
bench aging procedures as an alternative durability method. While EPA 
believes that the proposed language allows for such methods, language 
specifically permitting bench aging for evaporative and refueling 
durability procedures has been added to the final rule for clarity.
---------------------------------------------------------------------------

    \2\ Ref. comments.
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6. High Altitude Certification Testing for Evaporative and Refueling 
Compliance
    The proposed regulations incorrectly included SFTP testing at high 
altitude

[[Page 23912]]

as part of the evaporative/refueling test requirements. Because SFTP 
standards are not applicable at high altitude, the final rule has 
deleted the requirement for SFTP testing.
7. Stabilized Vehicle Requirements
    The proposed regulatory language allowed manufacturers to consider 
vehicles with 2,000 miles accumulated on them as ``stabilized'' for 
emission testing purposes. A commenter requested the EPA clarify that 
this is a minimum mileage.3 Because this was EPA's 
intention, EPA has modified the language accordingly.
---------------------------------------------------------------------------

    \3\ Ref. comments.
---------------------------------------------------------------------------

8. Evaporative/Refueling Family Determination.
    Both during the development of the NPRM and in comments received 
after the proposal, EPA was requested to revisit the regulatory 
criteria for determining evaporative/refueling families. EPA is 
adopting some of these suggestions in the final rule. In particular, it 
is adding the criterion of fuel tank composition, and deleting the 
criteria of fill limiter system, vapor/liquid separator, vapor hose 
diameter, canister location, and onboard diagnostic hardware and 
calibrations. EPA believes that the eliminated criteria are 
calibrational in nature and have less impact on the durability of the 
evaporative/refueling system. These changes are not expected to 
significantly increase or decrease the number of evaporative/refueling 
families, thus no change is being made to the cost analysis.
9. Evaporative/Refueling In-use Verification Testing
    In the preamble to the NPRM, EPA inadvertently stated that the in-
use verification testing for evaporative/refueling emissions would not 
begin until the 2004 model year. The proposed regulatory language, 
which is correct, requires evaporative/refueling in-use testing to be 
performed on 2001 model year vehicles for the high mileage testing 
(50,000 miles/fourth year of service, meaning that the first testing 
will not occur until the 2004/2005 calendar year time frame). Because 
EPA has delayed implementing all low mileage in-use testing until the 
2004 model year, this will provide a number of years of lead time for 
manufacturers to acquire or arrange for the necessary evaporative/
refueling testing facilities.

E. Comments Relating to EPA's Legal Authorities and Factual Basis for 
CAP 2000

    EPA received comments from two organizations 4 
challenging whether EPA has met its statutory obligations and claiming 
EPA failed to provide a factual basis for the CAP 2000 proposal. The 
following discussion details the specific comments and EPA's responses.
---------------------------------------------------------------------------

    \4\ The Ethyl Corporation and Envirotest.
---------------------------------------------------------------------------

1. Comment
    Commenters suggested that EPA's proposal fails to establish methods 
and procedures for testing, ``by regulation,'' as required by section 
206(d) of the Clean Air Act. Commenters claim that to be consistent 
with section 206, EPA must either aggregate the manufacturer-specific 
test procedures in the certification regulations it proposes for public 
comment, or require that manufacturer-specific test procedures be 
developed by regulation on a case-by-case basis only after public 
notice and opportunity for comment.
EPA's Response
    Section 206(a)(1) states that the Administrator shall test, or 
require to be tested in such a manner as deemed appropriate any new 
motor vehicle or motor vehicle engine submitted by a manufacturer to 
determine whether such vehicle or engine conforms with EPA emission 
standards. Section 206(d) requires that EPA issue regulations that 
establish methods and procedures for making tests under section 206.
    The regulations proposed by EPA would require that manufacturers 
develop programs demonstrating the durability of their emissions 
control systems, as part of demonstrating compliance with applicable 
emission standards. The regulations establish the criteria for EPA 
approval of a durability program, and provide for required in-use 
testing to check on the accuracy of the durability demonstration. EPA's 
proposed regulations describe design requirements each manufacturer's 
durability program must satisfy for EPA approval. Manufacturers are 
required to show that their durability processes are designed to cover 
a significant majority of deterioration rates expected by vehicles in 
actual use. These durability demonstration programs are used in the 
certification process to establish the general rate of emission 
deterioration a similar group of vehicles are expected to experience 
over time. This rate of deterioration is applied, via deterioration 
factors or other means, to data generated from emission test vehicles 
within the durability group to demonstrate whether a vehicle will meet 
emission standards over its useful life. In essence, EPA's proposed 
regulations would establish a case-by-case, adjudicatory process and 
criteria for acceptance or rejection of a manufacturer's durability 
program. Commenters's claim that this is unlawful under section 206(d), 
and that EPA's regulations must themselves contain the specific details 
of each manufacturer's durability program (whether adopted in a single, 
aggregate rulemaking, or future case specific rulemakings). The issue 
raised by commenters is therefore whether EPA may reasonably exercise 
its authority under section 206(d) to establish an adjudicatory type 
procedure as proposed.
    Whether section 206 authorizes or prohibits such agency action is a 
matter of statutory interpretation. The first question is whether 
Congress has directly spoken to this issue, such that Congressional 
intent is clear on this specific matter. If the intent of Congress is 
clear regarding a statutory provision, the Agency must follow that 
intent. If Congress' intent is not clear on this specific issue, then 
the question is whether EPA's interpretation of section 206(d) is a 
reasonable way to implement the authority delegated in that provision. 
Chevron v. NRDC, 467 U.S. 837, 842 to 844 (1984). Traditional tools of 
statutory construction are used to answer these questions. Id.
    This issue can be seen as two distinct questions. The first is 
whether establishing methods and procedures by regulation requires that 
all the specific details related to testing must be contained in the 
regulations themselves, prohibiting establishment of an adjudicatory 
process to determine these specific details. The second question is 
whether a durability demonstration program is part of ``making tests'' 
subject to the requirements of section 206(d).
    For the first question, the terms used by Congress, ``establish 
methods and procedures,'' are not defined in the Clean Air Act. These 
terms are general in nature, and can be readily interpreted as covering 
a broad range of agency action. ``Methods'' and ``procedures'' would 
encompass both detailed prescriptions of how to conduct a test, as well 
as broad general provisions, such as a requirement that testing be 
conducted using good engineering practices. These terms are broad 
enough in nature to include a process for future determination of the 
specific details of a test program, based on submission of a proposed 
program for EPA review according to pre-set criteria. The term

[[Page 23913]]

``establish'' also appears general enough to include both the 
establishment of detailed specifics at one time, as well as 
establishment of a process to set detailed specifics at a future point. 
The text of section 206(d) does not appear to indicate a clear 
congressional intent to prohibit the adjudicatory approach proposed by 
EPA, but instead employs terms that are broad and general in nature, 
allowing a variety of potential ways to establish methods and 
procedures for testing. The legislative history is limited, and does 
not provide any indication of a contrary congressional intent. Clean 
Air Amendments of 1970, Conference Report No. 1783, 91st Congress, 2d S 
(1970).
    In this case, Congress did not express a clear intent that EPA may 
not exercise its authority under section 206(d) by setting up an 
adjudicatory process in the regulations. Instead, Congress's grant of 
authority provides EPA with substantial discretion in how to 
``establish methods and procedures'' for conducting tests under section 
206(d). Since Congress has not specifically addressed the question at 
issue, EPA's interpretation of this grant of authority should be upheld 
if it is a reasonable way to implement Congress' intent. Chevron at 
844.
    The adjudicatory process set up by EPA's regulations is an 
efficient way to benefit from each manufacturer's expertise and 
knowledge of the durability of their vehicles. For example, 
manufacturers will be able to tailor their vehicle aging procedures to 
the specific details of the hardware used on their vehicles, and the 
way it is expected to deteriorate over time, as well as any unique 
driving and usage patterns of their customers, and thus account for the 
effect that these hardware and usage patterns have on emission 
deterioration and emission control system designs. As discussed in the 
NPRM (63 FR 39660, (July 23, 1998)), EPA believes that the resulting 
manufacturer durability programs should improve the effectiveness of 
EPA's vehicle compliance programs, by improving the ability of the new 
motor vehicle certification program to predict and account for in-use 
durability and deterioration of the emissions control system.
    As described in the NPRM, EPA has been approving manufacturer 
alternative durability programs under RDP-I for several years. Two 
major types of durability processes have emerged from the RDP-I 
experience: whole vehicle mileage accumulation cycles and bench aging 
procedures. The whole vehicle aging concept involves driving vehicles 
on a track or dynamometer on an aggressive driving cycle of the 
manufacturer's design. The bench aging procedures involve the removal 
of critical emission components (such as the catalyst and oxygen 
sensor) and the accelerated aging of those components on an engine 
dynamometer bench. Through the approval process, EPA has been requiring 
that manufacturers compare the catalyst operating temperatures during 
the AMA 5 and during the proposed durability method as well 
as average speeds, acceleration rates and the like for whole vehicle 
methods. In evaluating the comparisons, EPA believes that the programs 
are more effective than the current program at predicting the 
deterioration that occurs in actual use. EPA believes that allowing 
manufacturer-specific durability programs to continue is appropriate.
---------------------------------------------------------------------------

    \5\ The driving schedule prescribed in Appendix IV of Part 86.
---------------------------------------------------------------------------

    As it has in the past under the RDP-I program, EPA will require 
that manufacturers provide data prior to certification showing that the 
aging procedures would predict the deterioration of the significant 
majority of in-use vehicles over the breadth of their product line 
which would ultimately be covered by this procedure for both whole 
vehicle and bench-aging durability methods. Manufacturers have varying 
sources of data available, such as emissions data, driver survey data, 
catalyst temperature history data and catalyst conversion efficiency 
data. Generally these data are compared to manufacturer in-use data to 
determine how broadly the deterioration factors reflect the overall 
vehicle fleet. EPA determines, based on these data whether to approve 
the durability process. EPA believes that the various whole vehicle and 
bench aging programs are more effective than the current program at 
predicting the deterioration that occurs in actual use.
    EPA also believes an adjudicatory process is a more efficient 
method of reviewing and approving or rejecting such durability 
programs, avoiding the time and resources that would be necessary to 
promulgate by rulemaking each manufacturer-specific durability program. 
EPA believes that the adjudicatory process proposed and adopted in this 
rule is a reasonable way to establish manufacturer-specific durability 
programs that are expected to provide better information about in-use 
emissions deterioration, for use in making certification decisions.
    EPA's interpretation of the statute is consistent with prior EPA 
interpretations of section 206. For example, EPA has never interpreted 
section 206 as requiring promulgation of every aspect of each 
manufacturer durability program. In the past, the regulations have set 
up a durability process that required manufacturers to accumulate 
mileage on a pre-production vehicle over a prescribed driving cycle 
from 100,000 miles as a way to simulate deterioration over the useful 
life. The regulations described the driving course, the speed for each 
lap, stops, and similar details. The regulations do not describe when 
drivers must be changed, how much driving per twenty-four hours, 
leaving many other details for case-by-case decision making by EPA. 
Another example is 40 CFR 86.090-27, Special Test Procedures. Under 
this section, EPA interpreted section 206 to allow the Administrator, 
based on a written application from a manufacturer, to prescribe tests 
procedures, other than those prescribed in the CFR, for a vehicle not 
susceptible to satisfactory testing in 40 CFR part 86. This is an 
adjudicatory process where the EPA approves alternative testing in 
advance, without promulgated minimum requirements.6 Another 
example is EPA's durability regulations for certification of light-duty 
trucks, which have permitted manufacturers to use their own methods, 
based on good engineering judgment, to determine DFs, subject to review 
and approval by EPA. (See Sec. 86.094-24(c)(2)). EPA set up this 
adjudicatory process in the regulations, providing future case by case 
EPA approval of the results of a manufacturers' durability program.
---------------------------------------------------------------------------

    \6\ EPA's regulations have included this kind of provision for 
approval of alternative test procedure for many years.
---------------------------------------------------------------------------

    In sum, EPA does not believe that Congress intended to prohibit 
reasonable regulations under section 206(d) that set up an adjudicatory 
process to review and approve manufacturer specific durability 
programs. EPA believes that the process set up in the regulations is a 
reasonable exercise of the general authority provided to EPA in section 
206(d).
    The second issue raised by the comment is whether a manufacturer's 
durability program is part of making a test such that it is subject to 
the requirements of section 206(d). However, EPA does not believe that 
it is necessary to decide this issue. If durability processes are 
subject to section 206(d), then as described above EPA believes it has 
the authority to allow an adjudicatory process to

[[Page 23914]]

determine the specific, detailed portions of a manufacturer's 
durability program. If the manufacturers' durability processes are not 
subject to the requirements of section 206(d), then EPA's regulations 
clearly do not violate that provision. In either case, EPA believes it 
has authority under section 206(a)(1) to require durability programs as 
part of the testing performed for purposes of certification. Section 
206(a)(1) allows EPA to require testing ``in such a manner as he [the 
Administrator] deem appropriate.'' This provides EPA the discretion to 
require manufacturer specific durability programs as part of the 
certification process.
2. Comment
    Commenters stated that EPA's proposal is contrary to section 
206(e), which obligates EPA to disclose certification information 
allowing purchasers to determine the ``comparative performance'' of 
vehicles. Congress contemplated a form of ``environmental'' competition 
among automobile manufacturers. Commenters claim that the competition 
has not developed, at least in part, due to EPA's decision to 
``maintain the secrecy of the certification test procedures.'' EPA Air 
Docket #A-96-50 item IV-B-10 at 6. Comparisons cannot be made without 
an accurate understanding of the test procedures employed to generate 
the certification emission data.
EPA Response
    Section 206(e) provides that:

    The Administrator shall make available to the public the results 
of his tests of any motor vehicle or motor vehicle engine submitted 
by a manufacturer under subsection (a) of this section as promptly 
as possible after December 31, 1970, at the beginning of each model 
year which begins thereafter. Such results shall be described in 
such nontechnical manner as will reasonably disclose to prospective 
ultimate purchasers of new motor vehicles and new motor vehicle 
engines the comparative performance of the vehicles and engines 
tested in meeting the standards prescribed under section 7521 of 
this title.

    Section 206(e) of the Clean Air Act requires EPA to make available 
to the public the results of tests of any motor vehicle or motor 
vehicle engine submitted by a manufacturer under section 206(a). 
Congress' intent is clear by looking at the words of the statute. 
Congress did not require that EPA make available the specific details 
of test procedures employed to generate the emissions data, or the 
durability programs employed in the certification process. Congress 
stated that the results of the tests are to be made available to the 
public.
    EPA makes available all emission test data which are used to make 
certification compliance determinations as required by section 206(e). 
Certification levels are posted annually at http:www.epa.gov/OMSWWW/
gopher/Cert/Veh-cert/Cert-Tst/. The report contains certification 
levels (projected emission levels at the end of the useful life miles 
of a vehicle) and deterioration factors used to compute the 
certification levels. Vehicles are described by vehicle model, EPA 
engine family name, manufacturer family name, number of cylinders, 
method of fuel system, emission control system, engine code, etc. EPA 
believes the information is described in a nontechnical manner and 
provides purchasers with enough information to compare performance of 
vehicles in meeting emissions standards.
    In any case, the regulation adopted today establishes an 
adjudicatory process to implement section 206 (a) and (d), and provide 
reasonable information to make certification decisions. The regulations 
adopted here were not proposed under and are not meant to implement 
section 206(e). The kind of information presented to the public under 
section 206(d) is not at issue in this rulemaking, as this regulation 
neither releases information to the public, nor limits what information 
may or may not be released in the future under section 206(e).
3. Comment
    Commenters suggest that Congress clearly contemplated that EPA 
would require testing of new motor vehicles or new motor vehicle 
engines to ensure compliance by the vehicle or engine with applicable 
emission standards. New motor vehicles are equipped with new 
components, not with one or more artificially aged components. Because 
EPA's proposal would allow testing of what is in essence a ``hybrid'' 
vehicle which includes such components, EPA's proposal is facially 
inconsistent with the clear mandate of section 206.
EPA Response
    Section 206(a)(1) states that the Administrator shall test, or 
require to be tested ``in such manner as he deems appropriate,'' any 
new motor vehicle or new motor vehicle engine submitted for a 
certificate of conformity with emission standards. ``New motor 
vehicle'' is defined in section 216 as a motor vehicle the equitable or 
legal title to which has never been transferred to an ultimate 
purchaser.'' In section 216 ``new motor vehicle engine'' is defined 
similarly.
    The authority to require testing ``in such a manner as he deems 
appropriate'' under section 206(a)(1) clearly provides EPA with the 
discretion to allow bench-aging of components as part of the procedures 
to prepare a vehicle for durability related emissions testing. As 
described before, it is a reasonable exercise of this broad authority 
provided in section 206(a)(1) for EPA to determine that bench aging of 
components may be approved as part of a manufacturer's durability 
program. EPA also has general authority under section 301(a)(1) to 
approve the use of such components on durability test vehicles. (``The 
Administrator is authorized to prescribe such regulations as are 
necessary to carry out his function under this chapter.'') 7
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    \7\ In addition, this is not inconsistent with the definition of 
``new motor vehicle'' in section 216. That definition looks at when 
title is received by the ultimate purchaser, and does not place any 
restriction related to whole vehicle aged or bench aged parts. A 
test vehicle would meet the definition of a new vehicle whether it 
has bench aged or whole vehicle aged parts, as long as title has not 
transferred to the ultimate purchaser.
---------------------------------------------------------------------------

4. Comment
    Commenters claim that before EPA can demonstrate that each bench-
aging or alternative whole vehicle aging technique complies with the 
substantive requirements of section 206, the Agency must first provide 
a complete and thorough description of each bench-aging or alternative 
whole vehicle-aging technique proposed to be allowed. Without this 
information, it is simply not possible to comment upon the merit of the 
alternative testing techniques.
EPA Response
    The comment is based in part on the view that each manufacturer-
specific durability process must be adopted through rulemaking. As 
discussed previously, EPA believes that a regulation setting up an 
adjudicatory process for approval of manufacturer-specific durability 
programs is not prohibited by the Clean Air Act and therefore 
rulemaking for each durability program is not required.
    Commenters have been provided an opportunity for meaningful comment 
in compliance with section 307(d) of the Clean Air Act. EPA believes 
the provisions of section 307(d) have been satisfied in this rulemaking 
and the public has been provided an opportunity to comment on the 
adjudicatory process and durability program requirements. EPA proposed 
the criteria for establishment of the specific durability program

[[Page 23915]]

requirements that manufacturers must satisfy for EPA approval of their 
durability program. These criteria enable EPA to evaluate the expected 
in-use deterioration of these durability groups, the parameters of the 
durability demonstration, and the compliance determination. EPA 
described in the preamble the kinds of information generated and 
durability programs used under the current RDP-I regulations. In 
addition, EPA placed in the docket a draft technical support document 
outlining manufacturer data and other information about the current 
revised durability program (RDP-I). EPA Air Docket #A-96-50, item III-
B-2. Topics included (1) a discussion of the correlation procedures 
used by the Agency to assure that accurate tests are run by 
manufacturers, (2) a discussion of the information collected from 
manufacturers which is not directly used in reaching the decision to 
grant a Certificate of Conformity, (3) a discussion of the effect of 
ambient weather patterns (warm versus cold climates) on in-use 
deterioration and recalls in support of the CAP2000 requirement that 
some vehicles tested be recruited from cold weather locales, and (4) a 
discussion of the rationale used in proposing a durability group 
concept for CAP2000 rather than the current engine family definition. 
The comment period was extended to provide the public with time to 
analyze the support document. EPA believes the information provided to 
the public has allowed opportunity for meaningful comments.
5. Comment
    A commenter claims that EPA's statement in the NPRM that ``most 
manufacturers have demonstrated that essentially no engine out 
deterioration is experienced in their current product'' is one of the 
``basic premises underlying its proposal'' for manufacturer-specific 
durability programs. EPA Air Docket A-96-50 item 
IV-D-10 at 11, citing 63 FR 39658
EPA Response
    The NPRM language has not been characterized in its proper context. 
EPA's assertion in the NPRM is that new ``durability groups'' for 
exhaust emissions combine vehicles which are likely to exhibit similar 
exhaust emission deterioration over their useful lives. In the past 
``engine families'' were grouped by engine-based parameters because 
most emission reductions were expected to occur through modifications 
to the engine operating characteristics. As described in the NPRM, 
today's vehicles accomplish most emission control through catalytic 
conversion. In essence, engine-out deterioration is not experienced. 
Therefore, the past groupings (engine-based parameters that affect 
engine-out emissions) are less useful for evaluating the emissions 
durability of today's vehicle technology. EPA is requiring 
manufacturers to group vehicles based on catalyst parameters for more 
effective groupings.
    Broadening the grouping criteria for durability demonstrations, by 
itself, may add some variability in emissions as compared to the 
current engine family definition; however, the Agency believes that the 
proposed broader durability groups coupled with worst case durability 
vehicle selections and in-use verification program would comprise a 
more accurate and effective emission control program than the current 
procedures and result in significant environmental benefits.
    The accuracy of EPA's statement is discussed in the next response 
to comment.
6. Comment
    The commenter expressed several concerns about engine-out 
deterioration from the data presented in the Technical Support Document 
(TSD). In particular they noted: (1) Using General Motors' data, 4 of 9 
vehicles display deterioration in engine-out emission with respect to 
at least one of the emission constituents. (2) Using Chrysler's data, 
28 of 34 vehicles display deterioration in engine-out emission with 
respect to at least one of the emission constituents. The commenter 
expressed further concern that most of the Chrysler data is on Tier 0 
vehicles. (3) Based on Table 1 of the TSD, the commenter interprets 
that Toyota has presented data to the Agency that their engines show 
significant engine-out deterioration. Based on this data the commenter 
takes issue with the Agency's statements in the NPRM that ``most 
manufacturers have demonstrated that essentially no engine out 
deterioration is experienced on their current product''.
    The commenter also expressed concerns about bench aging versus 
whole vehicle aging. In particular they noted: For Honda, Ford and 
Toyota (which they indicate have approved track and bench procedures) 8 
of 8 vehicle programs have no failing data; however for GM (which used 
exclusively a bench aging cycle) 2 of 8 vehicle programs experienced 
one or more test failures. Based on this data, the commenter concludes 
that this data ``suggests that bench aging may not be as predictive as 
testing techniques which rely, at least in part, on whole vehicle 
testing''.
    The commenter was concerned that all failing test data reported (6 
of 131 tests) occurred for GM vehicles which used a bench procedure. 
The commenter noted that the data from Ford, Honda, and Toyota showed 
no emission failures. The commenter interpreted that Ford, Honda, and 
Toyota all used track procedures (in whole or part) and therefore track 
procedures were better than bench procedures.
    Essentially the same comment as outlined above is provided by 
another commenter who references the concerns of Ethyl made in their 
comments to the NPRM.
EPA Response
    The Agency presented the results of the in-use verification data 
collected under RDP-I in the TSD. The data showed that the 
certification standards were met for 125 of 131 tests run. The data 
from bench aging programs does not support the view that whole vehicle 
aging is better at representing in-use deterioration than bench aging 
of components. First, contrary to commenters statement, the Ford data 
was a bench procedure, not a track procedure.
    The commenter focuses on the fact that several of the engine-out 
data points showed measurable deterioration, i.e., that not all of the 
data shows no engine-out deterioration. This variety in the data, 
however, is a normal expectation. When experimental data is collected, 
it is natural that the observed value will differ from the true value 
for the population due to test-to-test, lab-to-lab, and vehicle-to-
vehicle variability. If the true population mean were zero (for 
example: the hypothesis that engine-out deterioration is zero), then 
due to this variability one would expect half the measurements to be 
positive (actual measured data indicates some positive deterioration), 
while the other half would be negative. The data present by Chrysler 
and GM show a better than expected distribution of measurements which 
support the hypothesis that the true mean of engine-out emissions 
deterioration is zero.
    The commenter indicated that Toyota provided data indicating that 
their engines showed significant engine out emission deterioration 
based on their reading of Table 1 of the TSD. This observation is 
incorrect. In fact, the table reports that Toyota did not supply data 
indicating that their engines experienced essentially no engine-out 
deterioration. The table entry does not mean that Toyota supplied data

[[Page 23916]]

indicating that their engines experienced significant engine-out 
emission deterioration. In its discussions with the Agency, Toyota 
presented the opinion that Toyota engines did not have significant 
engine-out deterioration. The table indicates only that there was no 
submission of supporting data.
    The commenter was concerned that most of the Chrysler data is on 
Tier 0 vehicles and was concerned that Tier 1 vehicles may perform 
differently. The data presented by Chrysler on Tier 1 vehicles showed 
that engine-out emissions increased over 100,000 miles by -2.6% for HC, 
0.8% for CO, and -8.6% for NOX. Although a smaller data set, 
Chrysler's Tier 1 data also show essentially no engine-out 
deterioration and for CO a much smaller rate of deterioration (0.8% 
versus 4.7%) with Tier 1 technology.
    EPA disagrees with commenters claim that ``significant 
deterioration in engine-out emissions can (and, in fact, does) occur 
over time.'' See comment at 12. The Chrysler data shows the that the 
average engine-out emission deterioration was -4.3% for HC, 4.7% for 
CO, and -11.9% for NOX; 62 of 102 deterioration measurements 
were zero or negative. The GM engine-out data was provided on nine 
vehicles; 24 of 27 emission deterioration measurements showed little or 
no emissions increase.
    Second, the data for Honda and Toyota was largely at the low 
mileage point; only one class was run at the second mileage point and 
none at the high mileage point. Because emission levels typically 
increase with mileage it is not unexpected that there were more 
failures detected on the GM program which included high mileage tests. 
In any case the degree of in-use failures is extremely small (4.5%) and 
does not rise to a level that raises concerns about the 
representativeness of any type of durability cycle. In fact the low 
levels of failures from GM and other in-use data substantiates the 
validity of the RDP-I programs to accurately represent in-use emission 
deterioration for a vast majority of the vehicles.
    Under both the proposed and finalized rule manufacturers are 
required to make a demonstration that their durability process will 
``effectively predict emission compliance for candidate in-use 
vehicles.'' 8 The main concern of the Agency is that a 
manufacturer's durability program will, as a whole, effectively predict 
in-use emission levels for the significant majority of vehicles. It is 
important that the durability procedure predict deterioration of the 
entire vehicle emission control system, not any one individual element 
of design. To achieve this, the manufacturer may design a durability 
program which ages catalysts and oxygen sensors sufficiently to account 
for deterioration from all sources (including any expected 
deterioration from engine-out emissions). Consequently, a properly 
designed bench aging program could still be used to predict in-use 
emissions even when there would be a significant amount of engine-out 
deterioration.
---------------------------------------------------------------------------

    \8\ Text from 40 CFR 86.1823-01(b)(1).
---------------------------------------------------------------------------

    The Agency is adopting several significant safeguards to assure 
that the durability process will effectively predict in-use compliance.
    First, the Agency will review and approve each durability process. 
The Agency is requiring, under 40 CFR 86.1823-01 ``analysis and/or data 
demonstrating the adequacy of the manufacturer's durability processes 
to effectively predict emission compliance for candidate in-use 
vehicles.'' During this review the Agency will evaluate the likelihood 
that the durability process will reflect in-use deterioration of a 
significant majority of candidate in-use vehicles which cover the 
breadth of the manufacturer's product line to be covered by the 
durability process.
    Second, and most important, the Agency has required manufacturers 
to collect in-use verification data for each test group. There are 
several in-use test groups within a durability group: the Agency 
predicts there will be 2 to 4 test groups per durability group. The in-
use data will identify potential problems which will allow more focused 
Agency recall investigations. It will also allow manufacturers to 
improve the predictive capability of their durability process.
    Lastly, when the in-use verification data exceeds a threshold, the 
manufacturer must re-evaluate and/or improve their durability process. 
The Agency also may question the representativeness of a durability 
process which does not exceed these threshold values. Individual test 
group data may be pooled into a single durability group analysis to 
increase the statistical confidence of the conclusions of the analysis. 
It is expected that manufacturers will use the results of the in-use 
verification data to continually improve the predictive capability of 
their durability process.

III. Projected Impacts

A. Environmental Impacts

    EPA anticipates that the new requirements should result in some 
unquantifiable environmental benefits because of improvements to 
durability demonstration requirements, and because of the potential to 
identify and improve upon vehicle emission performance based on the in-
use verification test results.

B. Economic Impacts

    The Agency estimates that manufacturers should realize a total 
annual savings of about $55 million as a direct result of today's 
proposal. These figures include savings gained from streamlined 
certification activities, such as fewer durability and emission data 
demonstrations and reduced reporting burden, and accounts for the new 
costs incurred by the proposed in-use verification testing 
requirements. A detailed discussion and table of costs/savings are 
contained in the Support Document to this proposed regulation and are 
filed in the Docket.

IV. Public Participation

    The Agency held a Public Hearing for the proposed rule on August 
10, 1998, where 4 people presented oral testimony. The public comment 
period for the proposed rule expired on September 8, but was extended 
through September 24 to provide additional time to submit written 
comments. A total of 21 comments were received. EPA's analysis and 
responses to those comments are contained in a separate Response to 
Comments document located in the Docket.

V. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or,
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.

[[Page 23917]]

    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of the Executive Order 12866 and is 
therefore not subject to OMB review.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-612 generally requires 
an agency to conduct a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because it relates to requirements 
applicable only to manufacturers of motor vehicles, a group which does 
not contain a substantial number of small entities. See 1996 World 
Motor Vehicle Data, AAMA, pp. 282-285.

C. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., requires 
agencies to submit for OMB review and approval, federal requirements 
and activities that result in the collection of information from ten or 
more persons. Information collection requirements may include 
reporting, labeling, and recordkeeping requirements. Federal agencies 
may not impose penalties on persons who fail to comply with collections 
of information that do not display a currently valid OMB control 
number.
    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this final rule under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0104. An Information Collection Request (ICR) 
document has been prepared by EPA (EPA ICR No. 1872.01 & 0783.38) and a 
copy may be obtained from Sandy Farmer by mail at OPPE Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., SW, Washington DC 20460, by email at [email protected], or by 
calling (202) 260-2740. A copy may also be downloaded off the internet 
at http://www.epa.gov/icr.
    The information collection burden associated with this rule 
(testing, record keeping and reporting requirements for both 
certification and fuel economy activities) is estimated to total 
446,783 hours annually for the manufacturers of light-duty vehicles and 
light-duty trucks. The hours spent annually on information collection 
activities by a given manufacturer depends upon manufacturer-specific 
variables, such as the number of test groups and durability groups, 
production changes, emissions defects, and so forth.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. EPA is 
amending the table in 40 CFR Part 9 of currently approved ICR numbers 
issued by OMB for various regulations to list the information 
requirements contained in this rule.

D. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (signed 
into law on March 22, 1995) requires that EPA prepare a budgetary 
impact statement before promulgating a rule that includes a federal 
mandate that may result in expenditure by state, local and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year. Section 203 of the Unfunded Mandates Reform Act 
requires EPA to establish a plan for obtaining input from and 
informing, educating and advising any small governments that may be 
significantly or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, EPA must identify 
and consider a reasonable number of regulatory alternatives before 
promulgating a rule for which a budgetary impact statement must be 
prepared. EPA must select from those alternatives the least costly, 
most cost-effective, or least burdensome alternative that achieves the 
objectives of the rule, unless EPA explains why this alternative is not 
selected or the selection of this alternative is inconsistent with law.
    Because this final rule is expected to result in the expenditure by 
state, local and tribal governments or private sector of less than $100 
million in any one year, EPA has not prepared a budgetary impact 
statement or specifically addressed selection of the least costly, most 
cost-effective or least burdensome alternative. Because small 
governments will not be significantly or uniquely affected by this 
rule, EPA is not required to develop a plan with regard to small 
governments.

E. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

F. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12 (d)(15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (such as materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards.
    This final rule does not involve consideration of any new technical 
standards. However, this final rule adopts without change certain 
technical standards which are voluntary consensus standards, including 
six Society of Automotive Engineers (SAE) procedures, one International 
Standards Organization (ISO) procedure, and one American Society for 
Testing and Materials (ASTM) procedure.

[[Page 23918]]

G. Protection of Children

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) applies to any rule that: (1) is determined to be ``economically 
significant,'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to Executive Order 13045 because it 
is not economically significant as defined in E.O. 12866, and because 
the Agency does not have reason to believe environmental health or 
safety risks addressed by this action present a disproportionate risk 
to children because no new emission standards are being promulgated.

H. Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. This rule will be implemented at the federal level and 
imposes compliance obligations only on private industry. Accordingly, 
the requirements of section 1(a) of Executive Order 12875 do not apply 
to this rule.

I. Consultation and Coordination With Indian Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This rule will be implemented 
at the federal level and imposes compliance obligations only on private 
industry. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

VI. Statutory Authority

    Sections 203, 206, 207, 208 and 217 of the Clean Air Act provide 
EPA with the authority to revise the current emissions compliance 
procedures as described in this proposal. EPA's authority to make the 
major revisions found in CAP 2000 is based largely on sections 206 and 
208(a) of the Act. Section 206 provides EPA with the authority to test, 
or require to be tested in such manner as the Agency deems appropriate, 
any new motor vehicle to determine whether the vehicle conforms with 
applicable emissions standards. EPA accordingly has the broad authority 
to streamline the current certification process to improve the 
efficiency of the process. Section 208(a) further requires 
manufacturers to establish and maintain records, to conduct tests, and 
to submit information that EPA may reasonably require to determine 
whether a manufacturer is in compliance with Title II of the Act and it 
implementing regulations, or to otherwise carry out the provisions of 
Title II. This includes information needed by EPA to make certification 
decisions, to determine whether vehicles built and sold are covered by 
the certificate, and to ensure that defeat devices are not used. 
Section 208(a) also provides EPA with the authority to require post-
production testing of vehicles by manufacturers to provide a means of 
monitoring the emissions performance of vehicles driven under real-
world conditions. Such testing serves as a check on the accuracy of the 
certification procedures and on the levels of in-use compliance with 
applicable emissions standards.
    This rule does not require any manufacturer to change its 
certification practices prior to model year 2000. However, 
manufacturers have the option to implement the streamlined 
certification procedures adopted today as soon as the rule is 
effective. Such early use of these procedures could benefit a 
manufacturer, and would also provide the environmental benefits 
expected from this program. EPA therefore finds that there is good 
cause under 5 U.S.C. 553(d) to make this rule effective upon 
publication.

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 85

    Environmental protection, Confidential business information, 
Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping 
requirements, Research, Warranties.

40 CFR Parts 86 and 88

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Incorporation by reference, 
Labeling, Motor vehicle pollution, Reporting and recordkeeping 
requirements.

40 CFR Part 600

    Environmental protection, Administrative practice and procedure, 
Fuel economy, Labeling, Reporting and recordkeeping requirements.

    Dated: March 15, 1999.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, title 40, chapter I of 
the Code of Federal Regulations is amended as follows:

[[Page 23919]]

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345 
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. 
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 
11023, 11048.

    2. In Sec. 9.1, the table is amended under the indicated heading by 
adding new entries in numerical order to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.
------------------------------------------------------------------------
 
                 *        *        *        *        *
 Control of Air Pollution From New and In-Use Motor Vehicles and New and
    In-Use Motor Vehicle Engines: Certification and Test Procedures
 
                  *        *        *        *        *
86.1843-01.................................................    2060-0104
86.1844-01.................................................    2060-0104
86.1847-01.................................................    2060-0104
 
                  *        *        *        *        *
------------------------------------------------------------------------

PART 85--[AMENDED]

    3. The authority citation for part 85 continues to read as follows:

    Authority: 42 U.S.C. 7521, 7522, 7524, 7525, 7541, 7542, 7543, 
7547 and 7601(a).

    4. Section 85.501 is revised to read as follows:


Sec. 85.501  General applicability.

    (a) Sections 85.501 through 85.505 are applicable to aftermarket 
conversion systems for which an enforcement exemption is sought from 
the tampering prohibitions contained in section 203 of the Act.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of 40 CFR part 86, 
subpart S.
    5. Section 85.1501 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 85.1501  Applicability.

* * * * *
    (c) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of 40 CFR part 86, 
subpart S.
    6. Section 85.1505 is amended by revising paragraphs (a)(3)(i)(B), 
(a)(3)(ii)(B) and (a)(3)(iii) to read as follows:


Sec. 85.1505  Final admission of certified vehicles.

    (a) * * *
    (3) * * *
    (i) * * *
    (B) Initiate a change in production (running change) under the 
provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, as applicable, 
that causes the vehicle to meet Federal emission requirements.
    (ii) * * *
    (B) Should the subject vehicle or engine fail the second FTP, then 
the certificate holder must initiate a change in production (a running 
change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, 
as applicable, that causes the vehicle to meet Federal emission 
requirements.
    (iii) If the certificate holder chooses to initiate a change in 
production (a running change) under the provisions of 40 CFR 86.084-
14(c)(13) or 86.1842-01 as applicable, that causes the vehicle to meet 
Federal requirements, changes involving adjustments of adjustable 
vehicle parameters (e.g., adjusting the RPM, timing, air/fuel ratio) 
must be changes in the specified (i.e., nominal) values to be deemed 
acceptable by EPA.
* * * * *
    7. Section 85.1510 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 85.1510  Maintenance instructions, warranties, emission labeling 
and fuel economy requirements.

* * * * *
    (a) * * *
    (3) Such instructions shall not contain requirements more 
restrictive than those set forth in 40 CFR part 86, subpart A or 
subpart S, as applicable (Maintenance Instructions), and shall be in 
sufficient detail and clarity that an automotive mechanic of average 
training and ability can maintain or repair the vehicle or engine.
* * * * *
    8. Section 85.1512 is amended by revising paragraph (a)(1)(iii) to 
read as follows:


Sec. 85.1512  Admission of catalyst and O2 sensor-equipped 
vehicles.

    (a) * * *
    (1) * * *
    (iii) Is labeled in accordance with 40 CFR part 86, subpart A or 
subpart S, or, where applicable, Sec. 85.1510(c); and
* * * * *
    9. Section 85.1701 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 85.1701  General applicability.

* * * * *
    (c) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of 40 CFR part 86, 
subpart S.
    10. Section 85.1902 is amended by revising paragraph (b) to read as 
follows:


Sec. 85.1902  Definitions.

* * * * *
    (b) The phrase emission-related defect shall mean a defect in 
design, materials, or workmanship in a device, system, or assembly 
described in the approved Application for Certification (required by 40 
CFR 86.1843-01 and 86.1844-01, 40 CFR 86.098-22 and like provisions of 
subpart A of this part and 40 CFR part 86) which affects any parameter 
or specification enumerated in Appendix VIII of this part.
* * * * *
    11. Section 85.2101 is revised to read as follows:


Sec. 85.2101  General applicability.

    (a) Sections 85.2101 through 85.2111 are applicable to all 1981 and 
later model year light-duty vehicles and light-duty trucks.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of 40 CFR part 86, 
subpart S.
    12. Section 85.2102 is amended by revising paragraph (a)(13)(ii) to 
read as follows:


Sec. 85.2102  Definitions.

    (a) * * *
    (13) * * *
    (ii) In compliance with the requirements of 40 CFR 86.094-38 or 
86.1808-01 (as appropriate for the applicable model year vehicle/engine 
classification); and
* * * * *
    13. Section 85.2208 is amended by revising paragraph (a)(1) to read 
as follows:

[[Page 23920]]

Sec. 85.2208  Alternative standards and procedures.

    (a)(1) As a part of the certification process, as set forth in 40 
CFR part 86, subparts A and S, a manufacturer may request an 
alternative short test standard or short test procedure for any vehicle 
or engine for which the standards or procedures specified in this 
subpart are not appropriate. The requestor shall supply relevant test 
data and technical support to substantiate the claim and shall also 
recommend alternative test procedures and/or standards for the 
Administrator's consideration. Upon an acceptable showing that the 
general standards or procedures are not appropriate, the Administrator 
shall set alternative standards or procedures through rulemaking. The 
administrative provisions of the certification process (see 40 CFR part 
86, subparts A and S), apply to such a request for alternative 
standards or procedures.
* * * * *

PART 86--[AMENDED]

    14. The authority citation for part 86 continues to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

    15. Section 86.1 is amended by revising the entry for ASTM E29-93a 
in the table in paragraph (b)(1); the entries for SAE J1850, SAE J1877, 
SAE J1892, SAE J1962, SAE J1979, and SAE J2012 in the table in 
paragraph (b)(2); the entry for ANSI/AGA NGVI-1994 in the table in 
paragraph (b)(3); and the entry for ISO 9141-2 in the table in 
paragraph (b)(5) to read as follows:


Sec. 86.1  Reference materials.

* * * * *
    (b) * * *
    (1) * * *

------------------------------------------------------------------------
           Document No. and name              40 CFR part 86 reference
------------------------------------------------------------------------
 
                  *        *        *        *        *
ASTM E29-93a, Standard Practice for Using   86.098-15, 86.004-15,
 Significant Digits in Test Data to         86.1803-01,
 Determine Conformance with Specifications. 86.1823-01,
                                            86.1824-01,
                                            86.1825-01,
                                            86.1837-01
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
           Document No. and name              40 CFR part 86 reference
------------------------------------------------------------------------
 
                  *        *        *        *        *
SAE J1850 July 1995, Class B Data           86.099-17,
 Communication Network Interface.           86.1806-01
SAE J1877, July 1994 Recommended Practice   86.095-35,
 for Bar-Coded Vehicle Identification       86.1806-01
 Number Label.
SAE J1892 October 1993, Recommended         86.095-35,
 Practice for Bar-Coded Vehicle Emission    86.1806-01
 Configuration Label.
SAE J1962 January 1995, Diagnostic          86.099-17,
 Connector.                                 86.1806-01
SAE J1979 July 1996, E/E Diagnostic Test    86.099-17,
 Modes.                                     86.1806-01
SAE J2012 July 1996, Recommended Practice   86.099-17,
 for Diagnostic Trouble Code Definitions.   86.1806-01
------------------------------------------------------------------------

* * * * *
    (3) * * *

------------------------------------------------------------------------
           Document No. and name              40 CFR part 86 reference
------------------------------------------------------------------------
ANSI/AGA NGV1-1994, Standard for            86.001-9,
 Compressed Natural Gas Vehicle (NGV)       86.004-9,
 Fueling Connection Devices.                86.098-8,
                                            86.099-8,
                                            86.099-9,
                                            86.1810-01
------------------------------------------------------------------------

* * * * *
    (5) * * *

------------------------------------------------------------------------
           Document No. and name              40 CFR part 86 reference
------------------------------------------------------------------------
ISO 9141-2 February 1994, Road vehicles--   86.099-17,
 Diagnostic systems Part 2.                 86.1806-01
------------------------------------------------------------------------

Subpart A--[Amended]

    16. A new Sec. 86.001-1 is added to subpart A to read as follows:


Sec. 86.001-1  General applicability.

    (a) The provisions of this subpart generally apply to 2001 and 
later model year new Otto-cycle and diesel-cycle heavy-duty engines. In 
cases where a provision applies only to a certain vehicle group based 
on its model year, vehicle class, motor fuel, engine type, or other 
distinguishing characteristics, the limited applicability is cited in 
the appropriate section or paragraph. The provisions of this subpart 
continue to generally apply to 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty vehicles and 2000 and earlier model 
year new Otto-cycle and diesel-cycle light-duty trucks produced. 
Provisions generally applicable to all 2001 and later model year new 
Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later 
model year new Otto-cycle and diesel-cycle light-duty trucks are 
located in Subpart S of this part.
    (b) Optional applicability. A manufacturer may request to certify 
any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or 
less in accordance with the light-duty truck provisions located in 
Subpart S of this Part. Heavy-duty engine or vehicle provisions do not 
apply to such a vehicle.
    (c) [Reserved]
    (d) [Reserved]
    (e) Small volume manufacturers. Special certification procedures 
are available for any manufacturer whose projected combined U.S. sales 
of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and 
heavy-duty engines in its product line (including all vehicles and 
engines imported under the provisions of Secs. 85.1505 and 85.1509 of 
this chapter) are fewer than 10,000 units for the model year in which 
the manufacturer seeks certification. To certify its product line under 
these optional procedures, the small-volume manufacturer must first 
obtain the Administrator's approval. The manufacturer must meet the 
eligibility criteria specified in Sec. 86.092-14(b) before the 
Administrator's approval will be granted. The small-volume 
manufacturer's certification procedures are described in Sec. 86.092-
14.
    (f) Optional procedures for determining exhaust opacity. (1) The 
provisions of subpart I of this part apply to tests which are performed 
by the Administrator, and optionally, by the manufacturer.
    (2) Measurement procedures, other than those described in subpart I 
of this part, may be used by the manufacturer provided the manufacturer 
satisfies the requirements of Sec. 86.091-23(f).
    (3) When a manufacturer chooses to use an alternative measurement 
procedure it has the responsibility to determine whether the results 
obtained by the procedure will correlate with the results which would 
be obtained from the measurement procedure in subpart I of this part. 
Consequently, the Administrator will not routinely approve or 
disapprove any alternative opacity measurement procedure or any 
associated correlation data which the manufacturer elects to use to 
satisfy the data requirements for subpart I of this part.
    (4) If a confirmatory test(s) is performed and the results indicate 
there is a systematic problem suggesting that the data generated under 
an optional alternative measurement procedure do not adequately 
correlate with data obtained in accordance with the

[[Page 23921]]

procedures described in subpart I of this part, EPA may require that 
all certificates of conformity not already issued be based on data 
obtained from procedures described in subpart I of this part.

Subpart B--[Amended]

    17. Section 86.101 of subpart B is amended by adding a new 
paragraph (d) to read as follows:


Sec. 86.101  General applicability.

* * * * *
    (d) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of 
this part.
    18. Section 86.106-96 is amended by revising paragraph (a)(1) to 
read as follows:


Sec. 86.106-96  Equipment required; overview.

    (a) * * *
    (1) Evaporative emission tests, gasoline-fueled vehicles. The 
evaporative emission test is closely related to and connected with the 
exhaust emission test. All vehicles tested for evaporative emissions 
must undergo testing according to the test sequences described in 
Sec. 86.130-96; however, the Administrator may omit measurement of 
exhaust emissions to test for evaporative emissions. The Administrator 
may truncate a test after any valid emission measurement without 
affecting the validity of the test. Further, unless the evaporative 
emission test is waived by the Administrator under Sec. 86.090-26 or 
Sec. 86.1810, as applicable, all vehicles must undergo both tests. 
(Petroleum-fueled diesel vehicles are excluded from the evaporative 
emission standard.) Section 86.107 specifies the necessary equipment.
* * * * *
    19. Section 86.113-94 is amended by revising paragraphs (a)(3), 
(b)(5), (c)(3), (d)(1), (d)(3), (e)(4), and (f)(3) to read as follows:


Sec. 86.113-94  Fuel specifications.

    (a) * * *
    (3) The specification range of the gasoline to be used under this 
paragraph (a) shall be reported in accordance with Sec. 86.094-21(b)(3) 
or Sec. 86.1844-01 as applicable.
    (b) * * *
    (5) The specification range of the fuels to be used under 
paragraphs (b)(2), (b)(3) and (b)(4) of this section shall be reported 
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as 
applicable.
    (c) * * *
    (3) The specification range of the fuels to be used under 
paragraphs (c)(1) and (c)(2) of this section shall be reported in 
accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as applicable.
    (d) * * *
    (1) Mixtures of petroleum and methanol fuels used for exhaust and 
evaporative emission testing and service accumulation for flexible fuel 
vehicles shall consist of the appropriate petroleum fuels listed in 
either paragraph (a) or paragraph (b) of this section and a methanol 
fuel representative of the fuel expected to be found in use, as 
specified in paragraph (c) of this section, and shall be within the 
range of fuel mixtures for which the vehicle was designed, as reported 
in Sec. 86.94-21(j) or Sec. 86.1844-01 as applicable. The Administrator 
may use any fuel or fuel mixture within this range for testing.
* * * * *
    (3) The specification range of the fuels to be used under this 
paragraph shall be reported in accordance with Sec. 86.094-21(b)(3) or 
Sec. 86.1844-01 as applicable.
    (e) * * *
    (4) The specification range of the fuels to be used under 
paragraphs (e)(1), (e)(2) and (e)(3) of this section shall be reported 
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as 
applicable.
    (f) * * *
    (3) The specification range of the fuel to be used under paragraphs 
(f)(1) and (f)(2) of this section shall be measured in accordance with 
ASTM D2163-61 (Incorporated by reference; see Sec. 86.1) and reported 
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as 
applicable.
* * * * *
    20. Section 86.127-00 is amended by revising the introductory text 
and paragraph (h) to read as follow:


Sec. 86.127-00  Test procedures; overview.

    Applicability. The procedures described in this and subsequent 
sections are used to determine the conformity of vehicles with the 
standards set forth in subpart A or S of this part (as applicable) for 
light-duty vehicles and light-duty trucks. Except where noted, the 
procedures of paragraphs (a) through (b) of this section, Sec. 86.127-
96 (c) and (d), and the contents of Secs. 86.135-94, 86.136-90, 86.137-
96, 86.140-94, 86.142-90, and 86.144-94 are applicable for determining 
emission results for vehicle exhaust emission systems designed to 
comply with the FTP emission standards, or the FTP emission element 
required for determining compliance with composite SFTP standards. 
Paragraphs (f) and (g) of this section discuss the additional test 
elements of aggressive driving (US06) and air conditioning (SC03) that 
comprise the exhaust emission components of the SFTP. Section 86.127-
96(e) discusses fuel spitback emissions and paragraphs (h) and (i) of 
this section are applicable to all vehicle emission test procedures. 
Section 86.127-00 includes text that specifies requirements that differ 
from Sec. 86.127-96. Where a paragraph in Sec. 86.127-96 is identical 
and applicable to Sec. 86.127-00, this may be indicated by specifying 
the corresponding paragraph and the statement ``[Reserved]. For 
guidance see Sec. 86.127-96.''
* * * * *
    (h) Except in cases of component malfunction or failure, all 
emission control systems installed on or incorporated in a new motor 
vehicle shall be functioning during all procedures in this subpart. 
Maintenance to correct component malfunction or failure shall be 
authorized in accordance with Sec. 86.098-25 or Sec. 86.1834-01 as 
applicable.
* * * * *
    21. Section 86.128-79 is amended by revising paragraph (g)(2) to 
read as follows:


Sec. 86.128-79  Transmissions.

* * * * *
    (g) * * *
    (2) A manufacturer may recommend to the ultimate purchaser shift 
procedures other than those used in testing by the EPA, Provided that: 
All shift procedures (including multiple shift speeds) which the 
manufacturer proposes to supply to the ultimate purchaser are provided 
to the Administrator as part of the manufacturer's application for 
certification, or as an amendment to such application, under 
Sec. 86.079-32, Sec. 86.079-33, Sec. 86.082-34, or Sec. 86.1844-01 as 
applicable.
* * * * *
    22. Section 86.129-00 is amended by revising footnote 4 to the 
table in paragraph (a) and paragraph (d)(1)(iv) to read as follows:


Sec. 86.129-00  Road load power, test weight, inertia weight class 
determination, and fuel temperature profile.

* * * * *
    (a) * * *
* * * * *
    \4\ For model year 1994 and later heavy light-duty trucks not 
subject to the Tier 0 standards of Sec. 86.094-9, test weight basis 
shall be adjusted loaded vehicle weight, as

[[Page 23922]]

defined in Sec. 86.094-2 or 86.1803-01 as applicable. For all other 
vehicles, test weight basis shall be loaded vehicle weight, as 
defined in Sec. 86.082-2 or 86.1803-01 as applicable.
* * * * *
    (d) * * *
    (1) * * *
    (iv) Small-volume manufacturers, as defined in Sec. 86.094-14(b)(1) 
or Sec. 86.1838-01 as applicable, may use an alternate method for 
generating fuel temperature profiles, subject to the approval of the 
Administrator.
* * * * *
    23. Section 86.132-96 is amended by revising paragraph (e)(2)(ii) 
to read as follows:


Sec. 86.132-96  Vehicle preconditioning.

* * * * *
    (e) * * *
    (2) * * *
    (ii) For abnormally treated vehicles, as defined in Sec. 86.085-2 
or Sec. 86.1803-01 as applicable, two Highway Fuel Economy Driving 
Schedules, found in 40 CFR part 600, appendix I, run in immediate 
succession, with the road load power set at twice the value obtained 
from Sec. 86.129-80.
* * * * *

Subpart G--[Amended]

    24-25. Section 86.601-84 of subpart G is amended by adding 
paragraph (b) to read as follows:


Sec. 86.601-84  Applicability.

* * * * *
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of Subpart S of 
this part.

Subpart H--[Amended]

    26. Section 86.701-94 is revised to read as follows:


Sec. 86.701-94  General applicability.

    (a) The provisions of this subpart apply to: 1994 and later model 
year Otto-cycle and diesel light-duty vehicles; 1994 and later model 
year Otto-cycle and diesel light-duty trucks; and 1994 and later model 
year Otto-cycle and diesel heavy-duty engines. The provisions of 
subpart B of this part apply to this subpart.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of 
this part.

Subpart J--[Amended]

    27. A new Sec. 86.902-01 is added to subpart J to read as follows:


Sec. 86.902-01  Definitions.

    (a) The definitions in Sec. 86.902-93 continue to apply to this 
subpart.
    (b) The definitions in subparts A and S of this part apply to this 
subpart.
    28. A new Sec. 86.907-01 is added to subpart J to read as follows:


Sec. 86.907-01  Fee amounts.

    The fee for each certification request type is:

------------------------------------------------------------------------
                                                              Model year
                      Certificate type                         2001 and
                                                                later
------------------------------------------------------------------------
LDV/LDT:
  Fed Signed...............................................      $27,211
  Cal-only Signed..........................................        8,956
  Fed Unsigned.............................................        2,738
  Cal-only Unsigned........................................        2,738
HDE/HDV:
  Fed Signed...............................................       12,584
  Cal-only Signed..........................................        2,145
  Fed Unsigned.............................................        2,145
  Cal-only Unsigned........................................        2,145
  All Evaporative-only.....................................        2,145
Motorcycles:
  Fed Signed...............................................          840
  Cal-only Signed..........................................          840
  Fed Unsigned.............................................          840
  Cal-only Unsigned........................................          840
------------------------------------------------------------------------

    29. A new Sec. 86.908-01 is added to subpart J to read as follows:


Sec. 86.908-01  Waivers and refunds.

    This section includes text that specifies requirements that differ 
from Sec. 86.908-93. Where a paragraph in Sec. 86.908-93-01 is 
identical and applicable to this section, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.908-93.''
    (a) [Reserved]. For guidance see Sec. 86.908-93.
    (b) Request for refund. The Administrator may refund a specified 
part of any fee imposed by Sec. 86.907 if the applicant fails to obtain 
a signed certificate and requests a refund.
    (1) That portion of the total fee to be refunded will be as 
follows:

                              [In percent]
------------------------------------------------------------------------
                                                             California-
                                                    Federal      only
------------------------------------------------------------------------
LDV/LDT..........................................      89.9         69.4
HDE/HDV..........................................      83.0            0
HD--Evaporative only.............................         0            0
MC...............................................         0            0
------------------------------------------------------------------------

    (2) For a refund of a portion of a waiver payment due to a decrease 
in the projected retail sales price of the vehicles or engines to be 
covered by the certification request the applicant should submit 
documentation to EPA detailing the waiver fee adjustment.
    (c) Waiver and refund address. A request for a waiver or refund of 
part of a fee shall be submitted in writing by the applicant to the 
Environmental Protection Agency, Vehicle Programs and Compliance 
Division, 2565 Plymouth Road, Ann Arbor, MI 48105.

Subpart K--[Amended]

    30. Section 86.1001-84 is amended by adding paragraph (b) to read 
as follows:


Sec. 86.1001-84  Applicability.

* * * * *
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of 
this part.

Subpart L--[Amended]

    31. Section 86.1101-87 is revised to read as follows:


Sec. 86.1101-87  Applicability.

    (a) The provisions of this subpart are applicable for 1987 and 
later model year gasoline-fueled and diesel heavy-duty engines and 
heavy-duty vehicles. These vehicles include light-duty trucks rated in 
excess of 6,000 pounds gross vehicle weight.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty trucks 
under the provisions of subpart S of this part.

Subpart O--[Amended]

    32. Section 86.1401 is revised to read as follows:


Sec. 86.1401  Scope; applicability.

    (a) This subpart contains CST procedures for gasoline-fueled Otto-
cycle light-duty vehicles, and for gasoline-fueled Otto-cycle light-
duty trucks, including those certified to operate using both gasoline 
and another fuel (for example, ``flexible-fuel'' or

[[Page 23923]]

``dual-fuel'' light-duty vehicles and light-duty trucks). For the 
purposes of the Certification Short Test, flexible-fuel or dual-fuel 
vehicles will be treated as dedicated gasoline vehicles. This subpart 
applies to 1996 and later mode years.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of 
this part.

Subpart P--[Amended]

    33. Section 86.1501 is revised to read as follows:


Sec. 86.1501-94  Scope; applicability.

    (a) This subpart contains gaseous emission idle test procedures for 
light-duty trucks and heavy-duty engines for which idle CO standards 
apply. It applies to 1994 and later model years. The idle test 
procedures are optionally applicable to 1994 through 1996 model year 
natural gas-fueled and liquified petroleum gas-fueled light-duty trucks 
and heavy-duty engines.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty trucks 
under the provisions of subpart S of this part.
    34. Section 86.1502-84 is revised to read as follows:


Sec. 86.1502-84  Definitions.

    The definitions in Sec. 86.084-2 or Sec. 86.1803-01, as applicable, 
apply to this subpart.
    35. Section 86.1503-84 is revised to read as follows:


Sec. 86.1503-84  Abbreviations.

    The abbreviations in Sec. 86.084-3 or in Sec. 86.1804-01, as 
applicable, apply to this subpart.

Subpart Q--[Amended]

    36. Section 86.1601 is amended by adding a new paragraph (d) to 
read as follows:


Sec. 86.1601  General applicability.

* * * * *
    (d) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of 
this part.

Subpart R--[Amended]

    37. Section 86.1701-99 is amended by adding a new paragraph (e) to 
read as follows:


Sec. 86.1701-99  General applicability.

* * * * *
    (e) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of 
this part.
    38.-39. New Secs. 86.1713-01, 86.1714-01, 86.1715-01, and 86.1716-
01 are added and reserved to read as follow:


Sec. 86.1713-01  [Reserved]


Sec. 86.1714-01  [Reserved]


Sec. 86.1715-01  [Reserved]


Sec. 86.1716-01  [Reserved]

    40. A new Sec. 86.1717-01 is added to subpart R to read as follows:


Sec. 86.1717-01  Emission control diagnostic system for 1999 and later 
light-duty vehicles and light-duty trucks.

    (a) The provisions of Sec. 86.1806-01 and subsequent model year 
provisions do not apply to this subpart.
    (b) The requirements in Chapter 6 of the California Regulatory 
Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996) (these requirements are incorporated by reference; see 
Sec. 86.1) apply to this subpart.
    (c) No vehicle shall be certified under the provisions of this 
subpart unless such vehicle complies with the requirements of section 
202(m) (1), (2), (4), and (5) of the Clean Air Act (42 U.S.C. 7521(m) 
(1), (2), (4) and (5)).
    41. A new Sec. 86.1721-01 is added to subpart R to read as follows:


Sec. 86.1721-01  Application for certification.

    The provisions of Sec. 86.1844-01 and subsequent model year 
provisions apply to this subpart, with the following additions to the 
part 1 and part 2 applications:
    (a) For TLEVs, LEVs, and ULEVs not certified exclusively on 
gasoline, projected U.S. sales data and fuel economy data 19 months 
prior to January 1 of the calendar year with the same numerical 
designation as the model year for which the vehicles are certified, and 
projected U.S. sales data for all vehicles, regardless of operating 
fuel or vehicle emission category, sufficient to enable the 
Administrator to select a test fleet representative of the vehicles (or 
engines) for which certification is requested at the time of 
certification.
    (b) For ZEVs and hybrid electric vehicles, the certification part 1 
application shall include the following:
    (1) Identification and description of the vehicle(s) covered by the 
application.
    (2) Identification of the vehicle weight category to which the 
vehicle is certifying: LDV, LDT 0-3750 lbs LVW, LDT 3751-5750 lbs LVW 
(state test weight range), and the curb weight and gross vehicle weight 
rating of the vehicle.
    (3) Identification and description of the propulsion system for the 
vehicle.
    (4) Identification and description of the climate control system 
used on the vehicle.
    (5) Projected number of vehicles sold in the U.S., and projected 
U.S. sales.
    (6) For electric and hybrid electric vehicles, identification of 
the energy usage in kilowatt-hours per mile from the point when 
electricity is introduced from the electrical outlet and the operating 
range in miles of the vehicle when tested in accordance with the All-
Electric Range Test provisions in Sec. 86.1770.
    (7) If the vehicle is equipped with a fuel fired heater, a 
description of the control system logic of the fuel fired heater, 
including an evaluation of the conditions under which the fuel fired 
heater can be operated and an evaluation of the possible operational 
modes and conditions under which evaporative emissions can exist. 
Vehicles which utilize fuel fired heaters which can be operated at 
ambient temperatures above 40 deg. F or which cannot be demonstrated to 
have zero evaporative emissions under any and all possible operation 
modes and conditions shall not be certified as ZEVs.
    (8) For ZEVs and HEVs which use fuel fired heaters, the 
manufacturer shall provide the exhaust emissions value per mile 
produced by the auxiliary fuel fired heater. This shall be accomplished 
by determining heater emissions in grams per minute when operating at a 
maximum heating capacity for a period of 20 minutes, and multiplying 
that number by 3.6 minutes per mile. At the time of certification, 
manufacturers shall submit their test plan which describes the 
procedure used to determine the mass emissions of the fuel fired 
heater.
    (9) All information necessary for proper and safe operation of the 
vehicle, including information on the safe handling of the battery 
system, emergency procedures to follow in the event of battery leakage 
or other

[[Page 23924]]

malfunctions that may affect the safety of the vehicle operator or 
laboratory personnel, method for determining battery state-of-charge, 
battery charging capacity and recharging procedures, and any other 
relevant information as determined by the Administrator.
    (c) For all vehicles subject to the provisions of Sec. 86.1717, 
with its part 1 application for certification a description of the 
malfunction and diagnostic system to be installed on the vehicles. (The 
vehicles shall not be certified unless the Administrator finds that the 
malfunction and diagnostic system complies with the requirements of 
Sec. 86.1717.).
    (d) The comprehensive list of test results and the applicable 
certification levels required under Sec. 86.1844-01(d)(7) shall include 
the following information:
    (1) For all TLEVs, LEVs, and ULEVs certifying on a fuel other than 
conventional gasoline, manufacturers shall multiply the NMOG exhaust 
certification level for each emission-data vehicle by the appropriate 
reactivity adjustment factor listed in Sec. 86.1777(d)(2)(i) or 
established by the Administrator pursuant to Appendix XVII of this part 
to demonstrate compliance with the applicable NMOG emission standard. 
For all TLEVs, LEVs, and ULEVs certifying on natural gas, manufacturers 
shall multiply the NMOG exhaust certification level for each emission-
data vehicle by the appropriate reactivity adjustment factor listed in 
Sec. 86.1777(d)(2)(i) or established by the Administrator pursuant to 
Appendix XVII of this part and add that value to the product of the 
methane exhaust certification level for each emission-data vehicle and 
the appropriate methane reactivity adjustment factor listed in 
Sec. 86.1777(d)(2)(ii) or established by the Administrator pursuant to 
Appendix XVII of this part to demonstrate compliance with the 
applicable NMOG emission standard. Manufacturers requesting to certify 
to existing standards utilizing an adjustment factor unique to its 
vehicle/fuel system must follow the data requirements described in 
Appendix XVII of this part. A separate formaldehyde exhaust 
certification level shall also be provided for demonstrating compliance 
with emission standards for formaldehyde.
    (2) [Reserved]
    (e) Manufacturers shall submit the standard phase-in compliance 
information required in Sec. 86.1844-01 (d)(13) and (e)(4) with respect 
to the applicable standards of the subpart.
    (f) For each engine family certified to TLEV, LEV, or ULEV 
standards, manufacturers shall submit with the certification 
application, an engineering evaluation demonstrating that a 
discontinuity in emissions of non-methane organic gases, carbon 
monoxide, oxides of nitrogen and formaldehyde measured on the Federal 
Test Procedure (subpart B of this part) does not occur in the 
temperature range of 20 to 86 deg F. For diesel vehicles, the 
engineering evaluation shall also include particulate emissions.
    42. New Secs. 86.1722-01 and 86.1723-01 are added and reserved to 
read as follow:


Sec. 86.1722-01  [Reserved]


Sec. 86.1723-01  [Reserved]

    43. A new Sec. 86.1724-01 is added to subpart R to read as follows:


Sec. 86.1724-01  Emission data vehicle selection.

    (a) [Reserved]
    (b) The provisions of Sec. 86.1828-01 and subsequent model year 
provisions apply to this subpart with the following additions:
    (1) For TLEVs, LEVs, ULEVs, and ZEVs certifying according to the 
provisions of this subpart, a manufacturer may substitute emission data 
vehicles selected by the California Air Resources Board criteria 
instead of using the criteria specified in Secs. 86.1828-01(a) through 
(d) and subsequent model year provisions.
    (2) For vehicles certified to the SFTP exhaust emission standards, 
if air conditioning is projected to be available on any vehicles within 
the engine family, the selection of engine codes will be limited 
selections which have air conditioning available and would require that 
any vehicle selected under this section has air conditioning installed 
and operational.
    44. A new Sec. 86.1725-01 is added to read as follows:


Sec. 86.1725-01  Allowable maintenance.

    This section includes text that specifies requirements that differ 
from Sec. 86.1725-99. Where a paragraph in Sec. 86.1725-99 is identical 
and applicable to this section, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance 
see Sec. 86.1725-99.'' The provisions of Sec. 86.1834-01 and subsequent 
model year provisions apply to this subpart, with the following 
additions:
    (a) Hybrid electric vehicles that use Otto-cycle or diesel engines 
are subject to the applicable Otto-cycle or diesel engine maintenance 
requirements of Sec. 86.1834-01(b) through (e) and subsequent model 
year provisions.
    (b) through (c) [Reserved]. For guidance see Sec. 86.1725-99.
    (d) When air conditioning SFTP exhaust emission tests are required, 
the manufacturer must document that the vehicle's air conditioning 
system is operating properly and in a representative condition. 
Required air conditioning system maintenance is performed as 
unscheduled maintenance that does not require the Administrator's 
approval.
    45. Section 86.1726-01 is added and reserved to read as follows:


Sec. 86.1726-01  [Reserved]

    46. A new Sec. 86.1728-01 is added to subpart R to read as follows:


Sec. 86.1728-01  Compliance with emission standards for the purpose of 
certification.

    The provisions of Sec. 86.1837-01 and subsequent model year 
provisions apply with respect to the applicable standards of this 
subpart.
    47. A new Sec. 86.1734-01 is added and reserved to read as follows:


Sec. 86.1734-01  [Reserved]

    48. A new Sec. 86.1735-01 is added to subpart R to read as follows:


Sec. 86.1735-01  Labeling.

    The following requirements shall apply to TLEVs, LEVs, ULEVs, and 
ZEVs certified under the provisions of this subpart:
    (a) The requirements in Sec. 86.1807-01 and subsequent model year 
provisions do not apply to this section.
    (b) The requirements in Chapter 7 of the California Regulatory 
Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996) shall apply. These requirements are incorporated by 
reference (see Sec. 86.1).
    49. Section 86.1772-99 is amended by revising paragraph (b)(1) to 
read as follows:


Sec. 86.1772-99  Road load power, test weight, and inertia weight class 
determination.

* * * * *
    (b) * * *
    (1) For electric and hybrid electric vehicle lines where it is 
expected that more than 33 percent of a vehicle line will be equipped 
with air conditioning, per Sec. 86.096-24(g)(2) or Sec. 86.1832-01(a) 
as applicable, that derives power from the battery pack, the road load 
shall be increased by the incremental horsepower required to operate 
the air conditioning unit. The incremental increase shall be determined 
by recording the difference in energy required for a hybrid electric 
vehicle under all-electric power to complete the

[[Page 23925]]

running loss test fuel tank temperature profile test sequence without 
air conditioning and the same vehicle tested over the running loss test 
fuel tank temperature profile test sequence with the air conditioning 
set to the ``NORMAL'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed over the time period 
needed to perform the test sequence, and converting this value into 
units of horsepower. Vehicles equipped with automatic temperature 
controlled air conditioning systems shall be operated in ``AUTOMATIC'' 
temperature and fan modes with the system set at 72 deg. F. The running 
loss test fuel tank temperature profile test sequence is found in 
Sec. 86.129(d).
* * * * *
    50. Section 86.1776-99 is amended by revising paragraph (b)(1) to 
read as follows:


Sec. 86.1776-99  Records required.

* * * * *
    (b) * * *
    (1) The manufacturer shall record in the durability-data vehicle 
logbook, the number of regenerations that occur during the 50,000 mile 
durability test of each diesel light-duty vehicle and light-duty truck 
equipped with a periodically regenerating trap oxidizer system. The 
manufacturer shall include, for each regeneration: the date and time of 
the start of regeneration, the duration of the regeneration, and the 
accumulated mileage at the start and the end of regeneration. The 
number of regenerations will be used in the calculation of the 
deterioration factor or other durability demonstration under 
Sec. 86.1823-01 and subsequent model year provisions.
* * * * *
    51. A new subpart S is added to part 86 to read as follows:

Subpart S--General Compliance Provisions for Control of Air 
Pollution From New and In-Use Light-Duty Vehicles and Light-Duty 
Trucks

Sec.
86.1801-01  Applicability.
86.1802-01  Section numbering; construction.
86.1803-01  Definitions.
86.1804-01  Acronyms and abbreviations.
86.1805-01  Useful life.
86.1806-01  On-board diagnostics.
86.1807-01  Vehicle labeling.
86.1808-01  Maintenance instructions.
86.1809-01  Prohibition of defeat devices.
86.1810-01  General standards; increase in emissions; unsafe 
conditions; waivers
86.1811-01  Emission standards for light-duty vehicles.
86.1812-01  Emission standards for light-duty trucks 1.
86.1813-01  Emission standards for light-duty trucks 2.
86.1814-01  Emission standards for light-duty trucks 3.
86.1814-02  Emission standards for light-duty trucks 3.
86.1814-04  Emission standards for light-duty trucks 3.
86.1815-01  Emission standards for light-duty trucks 4.
86.1815-02  Emission standards for light-duty trucks 4.
86.1815-04  Emission standards for light-duty trucks 4.
86.1816 through 86.1819  [Reserved].
86.1820-01  Durability group determination.
86.1821-01  Evaporative/refueling family determination.
86.1822-01  Durability data vehicle selection.
86.1823-01  Durability demonstration procedures for exhaust 
emissions.
86.1824-01  Durability demonstration procedures for evaporative 
emissions.
86.1825-01  Durability demonstration procedures for refueling 
emissions.
86.1826-01  Assigned deterioration factors for small volume 
manufacturers and small volume test groups.
86.1827-01  Test group determination.
86.1828-01  Emission data vehicle selection.
86.1829-01  Durability and emission testing. requirements; waivers.
86.1830-01  Acceptance of vehicles for emission testing.
86.1831-01  Mileage accumulation requirements for test vehicles.
86.1832-01  Optional equipment and air conditioning for test 
vehicles.
86.1833-01  Adjustable parameters.
86.1834-01  Allowable maintenance.
86.1835-01  Confirmatory certification testing.
86.1836-01  Manufacturer-supplied production vehicles for testing.
86.1837-01  Rounding of emission measurements.
86.1838-01  Small volume manufacturers certification procedures.
86.1839-01  Carryover of certification data.
86.1840-01  Special test procedures.
86.1841-01  Compliance with emission standards for the purpose of 
certification.
86.1842-01  Addition of a vehicle after certification; and changes 
to a vehicle covered by certification.
86.1843-01  General information requirements.
86.1844-01  Information requirements: Application for certification 
and submittal of information upon request.
86.1845-01  Manufacturer in-use verification testing requirements.
86.1845-04  Manufacturer in-use verification testing requirements.
86.1846-01  Manufacturer in-use confirmatory testing requirements.
86.1847-01  Manufacturer in-use verification and in-use confirmatory 
testing; submittal of information and maintenance of records.
86.1848-01  Certification.
86.1849-01  Right of entry.
86.1850-01  Denial, suspension or revocation of certificate of 
conformity.
86.1851-01  Application of good engineering judgment to 
manufacturers' decisions.
86.1852-01  Waivers for good in-use emission performance.
86.1853-01  Certification hearings.
Appendix I to Subpart S of Part 86--Vehicle Procurement Methodology
Appendix II to Subpart S of Part 86--As-received Testing Vehicle 
Rejection Criteria
Appendix III to Subpart S of Part 86--As-received Inspection

Subpart S--General Compliance Provisions for Control of Air 
Pollution From New and In-Use Light-Duty Vehicles and Light-Duty 
Trucks


Sec. 86.1801-01  Applicability.

    (a) The provisions of this subpart apply to 2001 and later model 
year new Otto-cycle and diesel-cycle light-duty vehicles and 2001 and 
later model year new Otto-cycle and diesel-cycle light-duty trucks. 
These provisions also apply to 2001 model year and later new incomplete 
light-duty trucks. In cases where a provision applies only to a certain 
vehicle group based on its model year, vehicle class, motor fuel, 
engine type, or other distinguishing characteristics, the limited 
applicability is cited in the appropriate section or paragraph of this 
subpart.
    (b) The provisions of this subpart apply to aftermarket conversions 
of all model year Otto-cycle and diesel-cycle light-duty vehicles and 
light-duty trucks as defined in 40 CFR 85.502.
    (c) Optional applicability.
    (1) A manufacturer may request to certify any heavy-duty vehicle of 
14,000 pounds Gross Vehicle Weight Rating or less in accordance with 
the light-duty truck provisions. Heavy-duty engine or heavy-duty 
vehicle provisions of subpart A of this part do not apply to such a 
vehicle.
    (2) A manufacturer may optionally use the provisions of this 
subpart in lieu of the provisions of subpart A of this part beginning 
with the 2000 model year. Manufacturers choosing this option must 
comply with all provisions of this subpart, except the standards in 
subpart A of this part apply for model year 2000. Manufacturers may 
elect this provision for either all or a portion of their product line.
    (d) Small volume manufacturers. Special certification procedures 
are available for any manufacturer whose projected or actual combined 
U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty 
vehicles, and heavy-duty engines in its product line (including all 
vehicles and engines imported under the provisions of 40 CFR 85.1505 
and 85.1509) are fewer than 15,000 units for

[[Page 23926]]

the model year in which the manufacturer seeks certification. The small 
volume manufacturer's light-duty vehicle and light-duty truck 
certification procedures are described in Sec. 86.1838-01.
    (e) National Low Emission Vehicle Program for light-duty vehicles 
and light light-duty trucks. A manufacturer may elect to certify light-
duty vehicles and light light-duty trucks to the provisions of the 
National Low Emission Vehicle Program contained in subpart R of this 
part. Subpart R of this part is applicable only to those covered 
manufacturers as defined under the provisions of subpart R of this 
part. All provisions of this subpart S are applicable to vehicles 
certified pursuant to subpart R of this part, except as specifically 
noted in subpart R of this part.


Sec. 86.1802-01  Section numbering; construction.

    (a) Section numbering. The model year of initial applicability is 
indicated by the section number. The two digits following the hyphen 
designate the first model year for which a section is applicable. The 
section continues to apply to subsequent model years unless a later 
model year section is adopted. Example: Section 86.18xx-01 applies to 
the 2001 and subsequent model years. If a Sec. 86.18xx-03 is 
promulgated it would apply beginning with the 2003 model year; 
Sec. 86.18xx-01 would apply to model years 2001 through 2002.
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.


Sec. 86.1803-01  Definitions.

    The following definitions apply to this subpart:
    505 Cycle means the test cycle that consists of the first 505 
seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving 
Schedule, described in Sec. 86.115-00 and listed in Appendix I, 
paragraph (a), of this part.
    866 Cycle means the test cycle that consists of the last 866 
seconds (seconds 506 to 1372) of the EPA Urban Dynamometer Driving 
Schedule, described in Sec. 86.115-00 and listed in Appendix I, 
paragraph (a), of this part.
    Abnormally treated vehicle means any diesel light-duty vehicle or 
diesel light-duty truck that is operated for less than five miles in a 
30 day period immediately prior to conducting a particulate emissions 
test.
    AC1 means a test procedure as described in Sec. 86.162-00 which 
simulates testing with air conditioning operating in an environmental 
test cell by adding the air conditioning compressor load to the normal 
dynamometer forces.
    AC2 means a test procedure as described in Sec. 86.162-00 which 
simulates testing with air conditioning operating in an environmental 
test cell by adding a heat load to the passenger compartment.
    Accuracy means the difference between a measurement and true value.
    Act means Part A of Title II of the Clean Air Act as amended, 42 
U.S.C., 7401, et seq.
    Adjusted Loaded Vehicle Weight means the numerical average of 
vehicle curb weight and gross vehicle weight rating (GVWR).
    Administrator means the Administrator of the Environmental 
Protection Agency or his/her authorized representative.
    Alternative fuels means any fuel other than gasoline and diesel 
fuels, such as methanol, ethanol, and gaseous fuels.
    Approach angle means the smallest angle in a plan side view of an 
automobile, formed by the level surface on which the automobile is 
standing and a line tangent to the front tire static loaded radius arc 
and touching the underside of the automobile forward of the front tire.
    As-received condition means the condition of an in-use vehicle 
procured for emission testing required by this subpart upon which no 
adjustments, maintenance, or component replacement has occurred 
subsequent to the vehicle's last routine operation by the vehicle's 
owner, lessee, or operator prior to procurement.
    Auxiliary Emission Control Device (AECD) means any element of 
design which senses temperature, vehicle speed, engine RPM, 
transmission gear, manifold vacuum, or any other parameter for the 
purpose of activating, modulating, delaying, or deactivating the 
operation of any part of the emission control system.
    Axle clearance means the vertical distance from the level surface 
on which an automobile is standing to the lowest point on the axle 
differential of the automobile.
    Basic engine means a unique combination of manufacturer, engine 
displacement, number of cylinders, fuel system (as distinguished by 
number of carburetor barrels or use of fuel injection), catalyst usage, 
and other engine and emission control system characteristics specified 
by the Administrator.
    Basic vehicle frontal area means the area enclosed by the geometric 
projection of the basic vehicle along the longitudinal axis, which 
includes tires but excludes mirrors and air deflectors, onto a plane 
perpendicular to the longitudinal axis of the vehicle.
    Bi-directional control means the capability of a diagnostic tool to 
send messages on the data bus that temporarily overrides the module's 
control over a sensor or actuator and gives control to the diagnostic 
tool operator. Bi-directional controls do not create permanent changes 
to engine or component calibrations.
    Body style means a level of commonality in vehicle construction as 
defined by number of doors and roof treatment (e.g., sedan, 
convertible, fastback, hatchback).
    Body type means a name denoting a group of vehicles that are either 
in the same car line or in different car lines provided the only reason 
the vehicles qualify to be considered in different car lines is that 
they are produced by a separate division of a single manufacturer.
    Breakover angle means the supplement of the largest angle, in the 
plan side view of an automobile, that can be formed by two lines 
tangent to the front and rear static loaded radii arcs and intersecting 
at a point on the underside of the automobile.
    Calibration means the set of specifications, including tolerances, 
unique to a particular design, version, or application of a component 
or components assembly capable of functionally describing its operation 
over its working range.
    Calibration gas means a gas of known concentration which is used to 
establish the response curve of an analyzer.
    Candidate in-use vehicle means an in-use vehicle which would be 
eligible to participate in the in-use verification program in 
accordance with Sec. 86.1845-01.
    Car line means a name denoting a group of vehicles within a make or 
car division which has a degree of commonality in construction (e.g., 
body, chassis). Car line does not consider any level of decor or 
opulence and is not generally distinguished by characteristics as 
roofline, number of doors, seats, or windows except for station wagons 
or light-duty trucks. Station wagons and light-duty trucks are 
considered to be different car lines than passenger cars.
    Certification Short Test (CST) means the test, for gasoline-fueled 
Otto-cycle light-duty vehicles and light-duty trucks, performed in 
accordance with the procedures contained in 40 CFR part 86, subpart O.
    Configuration means a subclassification within a test group which 
is based on engine code, inertia weight class, transmission type and 
gear

[[Page 23927]]

ratios, final drive ratio, and other parameters which may be designated 
by the Administrator.
    Conveniently available service facility and spare parts for small-
volume manufacturers means that the vehicle manufacturer has a 
qualified service facility at or near the authorized point of sale or 
delivery of its vehicles and maintains an inventory of all emission-
related spare parts or has made arrangements for the part manufacturers 
to supply the parts by expedited shipment (e.g., utilizing overnight 
express delivery service, UPS, etc.).
    Crankcase emissions means airborne substances emitted to the 
atmosphere from any portion of the engine crankcase ventilation or 
lubrication systems.
    Critical emission-related components are those components which are 
designed primarily for emission control, or whose failure may result in 
a significant increase in emissions accompanied by no significant 
impairment (or perhaps even an improvement) in performance, 
driveability, and/or fuel economy as determined by the Administrator.
    Critical emission-related maintenance means that maintenance to be 
performed on critical emission-related components.
    Curb weight means the actual or the manufacturer's estimated weight 
of the vehicle in operational status with all standard equipment, and 
weight of fuel at nominal tank capacity, and the weight of optional 
equipment computed in accordance with Sec. 86.1832-01; incomplete 
light-duty trucks shall have the curb weight specified by the 
manufacturer.
    Curb-idle means, for manual transmission code light-duty vehicles 
and trucks, the engine speed with the transmission in neutral or with 
the clutch disengaged and with the air conditioning system, if present, 
turned off. For automatic transmission code light-duty vehicles and 
light-duty trucks, curb-idle means the engine speed with the automatic 
transmission in the park position (or neutral position if there is no 
park position), and with the air conditioning system, if present, 
turned off.
    Data stream information means information (i.e., messages and 
parameters) originated within the vehicle by a module or intelligent 
sensors (i.e., a sensor that contains and is controlled by its own 
module) and transmitted between a network of modules and/or intelligent 
sensors connected in parallel with either one or two communication 
wires. The information is broadcast over the communication wires for 
use by other modules (e.g., chassis, transmission, etc.) to conduct 
normal vehicle operation or for use by diagnostic tools. Data stream 
information does not include engine calibration related information.
    Dedicated vehicle means any motor vehicle engineered and designed 
to be operated using a single fuel. Flexible fuel vehicles and multi-
fuel vehicles are not dedicated vehicles.
    Defeat device means an auxiliary emission control device (AECD) 
that reduces the effectiveness of the emission control system under 
conditions which may reasonably be expected to be encountered in normal 
vehicle operation and use, unless:
    (1) Such conditions are substantially included in the Federal 
emission test procedure;
    (2) The need for the AECD is justified in terms of protecting the 
vehicle against damage or accident; or
    (3) The AECD does not go beyond the requirements of engine 
starting.
    Departure angle means the smallest angle, in a plan side view of a 
motor vehicle, formed by the level surface on which the motor vehicle 
is standing and a line tangent to the rear tire static loaded radius 
arc and touching the underside of the motor vehicle rearward of the 
rear tire.
    Diesel means a type of engine with operating characteristics 
significantly similar to the theoretical Diesel combustion cycle. The 
non-use of a throttle during normal operation is indicative of a diesel 
engine.
    Dispensed fuel temperature means the temperature (deg. F or deg. C 
may be used) of the fuel being dispensed into the tank of the test 
vehicle during a refueling test.
    Diurnal breathing losses means diurnal emissions.
    Diurnal emissions means evaporative emissions resulting from the 
daily cycling of ambient temperatures.
    Drive train configuration means a unique combination of engine 
code, transmission configuration, and axle ratio.
    Dual Fuel Vehicle means any motor vehicle engineered and designed 
to be operated on two different fuels, but not on a mixture of the 
fuels.
    Durability Data Vehicle means a vehicle used to generate durability 
data as required in this subpart.
    Durability group means the basic classification unit of a 
manufacturer's product line used for the purpose of selecting a vehicle 
configuration to demonstrate durability and predict deterioration in 
accordance with Sec. 86.1822-01.
    Durability useful life means the highest useful life mileage out of 
the set of all useful life mileages that apply to a given vehicle. The 
durability useful life determines the duration of service accumulation 
on a durability data vehicle. The determination of durability useful 
life shall reflect any light-duty truck alternative useful life periods 
approved by the Administrator under Sec. 86.1805-01(c). The 
determination of durability useful life shall exclude any standard and 
related useful life mileage for which the manufacturer has obtained a 
waiver of emission data submission requirements under Sec. 86.1829-01.
    Element of design means any control system (i.e., computer 
software, electronic control system, emission control system, computer 
logic), and/or control system calibrations, and/or the results of 
systems interaction, and/ or hardware items on a motor vehicle or motor 
vehicle engine.
    Emission control system is a unique group of emission control 
devices, auxiliary emission control devices, engine modifications and 
strategies, and other elements of design designated by the 
Administrator used to control exhaust emissions of a vehicle.
    Emission-related component means any component which can affect 
emissions.
    Emission-related maintenance means that maintenance which does 
substantially affect emissions or which is likely to affect the 
emissions deterioration of the vehicle during normal in-use operation, 
even if the maintenance is performed at some time other than that which 
is recommended.
    Engine code means a unique combination within a test group of 
displacement, fuel injection (or carburetor) calibration, choke 
calibration, distributor calibration, auxiliary emission control 
devices, and other engine and emission control system components 
specified by the Administrator.
    Engine warm-up cycle means sufficient vehicle operation such that 
the coolant temperature has risen by at least 40 deg. F from engine 
starting and reaches a minimum temperature of 160 deg. F.
    Environmental test cell means a test cell capable of wind-speed, 
solar thermal load, ambient temperature, and humidity control or 
simulation which meets the requirements of Sec. 86.161-00 for running 
emission tests with the air conditioning operating.
    EPA Enforcement Officer means any officer or employee of the 
Environmental Protection Agency so

[[Page 23928]]

designated in writing by the Administrator (or by his/her designee).
    Equivalent test weight means the weight, within an inertia weight 
class, which is used in the dynamometer testing of a vehicle and which 
is based on its loaded vehicle weight or adjusted loaded vehicle weight 
in accordance with the provisions of this Part.
    Evaporative emissions means hydrocarbons emitted into the 
atmosphere from a motor vehicle, other than exhaust and crankcase 
emissions.
    Evaporative/refueling control system means a unique combination 
within an evaporative/refueling family of canister adsorptive material, 
purge system configuration, purge strategy, and other parameters 
determined by the Administrator to affect evaporative and refueling 
emission control system durability or deterioration factors.
    Evaporative/refueling emission code means a unique combination, in 
an evaporative/refueling family-evaporative emission control system 
combination, of purge system calibrations, fuel tank and carburetor 
bowl vent calibrations and other fuel system and evaporative emission 
control system components and calibrations specified by the 
Administrator.
    Evaporative/refueling family means the basic classification unit of 
a manufacturers' product line used for the purpose of evaporative and 
refueling emissions test fleet selection and determined in accordance 
with Sec. 86.1821-01.
    Evaporative/refueling vehicle configuration means a unique 
combination of basic engine, engine code, body type, and evaporative 
emission code.
    Exhaust emissions means substances emitted to the atmosphere from 
any opening downstream from the exhaust port of a motor vehicle engine.
    Exhaust Gas Recirculation Valve means a device which directs a 
portion of the exhaust gas into the intake air stream for the purpose 
of controlling emissions.
    Federal Test Procedure, or FTP means the test procedure as 
described in Sec. 86.130-00(a) through (d) and (f) which is designed to 
measure urban driving tail pipe exhaust emissions and evaporative 
emissions over the Urban Dynamometer Driving Schedule as described in 
Appendix I to this part.
    Fixed liquid level gauge means a type of liquid level gauge used on 
liquefied petroleum gas-fueled vehicles which uses a relatively small 
positive shutoff valve and is designed to indicate when the liquid 
level in the fuel tank being filled reaches the proper fill level. The 
venting of fuel vapor and/or liquid fuel to the atmosphere during the 
refueling event is generally associated with the use of the fixed 
liquid level gauge.
    Flexible fuel vehicle means any motor vehicle engineered and 
designed to be operated on a petroleum fuel, a methanol fuel, or any 
mixture of the two. Methanol-fueled vehicles that are only marginally 
functional when using gasoline (e.g., the engine has a drop in rated 
horsepower of more than 80 percent) are not flexible fuel vehicles.
    Fuel system means the combination of fuel tank(s), fuel pump, fuel 
lines, and carburetor or fuel injection components, and includes all 
fuel system vents and fuel evaporative emission control system 
components.
    Gaseous fuel means natural gas or liquefied petroleum gas.
    Gross vehicle weight means the manufacturer's gross weight rating 
for the individual vehicle.
    Gross vehicle weight rating (GVWR) means the value specified by the 
manufacturer as the maximum design loaded weight of a single vehicle.
    Hang-up refers to the process of hydrocarbon molecules being 
adsorbed, condensed, or by any other method removed from the sample 
flow prior to reaching the instrument detector. It also refers to any 
subsequent desorption of the molecules into the sample flow when they 
are assumed to be absent.
    Heating degree day means the number of degrees per day the daily 
average temperature is below 65 degrees Fahrenheit. The daily average 
temperature is the mean of the maximum and minimum temperature for a 
24-hour period. The annual heating degree day value is derived by 
summing the daily heating degree days over a calendar year period.
    Heavy light-duty truck means any light-duty truck rated greater 
than 6000 lbs GVWR. The LDT3 and LDT4 classifications comprise the 
heavy light-duty truck category.
    Heavy-duty engine means any engine which the engine manufacturer 
could reasonably expect to be used for motive power in a heavy-duty 
vehicle.
    Heavy-duty vehicle means any motor vehicle rated at more than 8,500 
pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds 
or that has a basic vehicle frontal area in excess of 45 square feet.
    High altitude means any elevation over 1,219 meters (4,000 feet).
    High-altitude conditions means a test altitude of 1,620 meters 
(5,315 feet), plus or minus 100 meters (328 feet), or equivalent 
observed barometric test conditions of 83.3 kPa (24.2 inches Hg) plus 
or minus 1 kPa (0.30 Hg).
    Hot-soak emissions and Hot-soak losses means evaporative emissions 
after termination of engine operation.
    Incomplete truck means any truck which does not have the primary 
load carrying device or container attached.
    Indirect information means any information that is not specifically 
contained in the service literature, but is contained in items such as 
tools or equipment provided to franchised dealers (or others).
    Inertia weight class means the class, which is a group of 
equivalent test weights, into which a vehicle is grouped based on its 
test weight basis in accordance with the provisions of this Part 86.
    Integrated refueling emission control system means a system where 
vapors resulting from refueling are stored in a common vapor storage 
unit(s) with other evaporative emissions of the vehicle and are purged 
through a common purge system.
    Intermediary means any individual or entity, other than a 
manufacturer, which provides service or equipment to automotive 
technicians.
    Intermediate temperature cold testing means testing done pursuant 
to the driving cycle and testing conditions contained in subpart C of 
this part, at temperatures between 25 deg.F (-4 deg. C) and 68 deg. F 
(20 deg. C).
    In-use vehicle means a customer owned and operated vehicle which is 
not under the control of the manufacturer, dealerships or their agents. 
Leased vehicles will be considered in-use vehicles for the purpose of 
this subpart if the vehicles meet the criteria specified in 
Sec. 86.1845-01.
    In-use verification program (IUVP) means the testing program 
conducted by manufacturers which gathers in-use emission data in 
accordance with Sec. 86.1848-01.
    Light light-duty truck means any light-duty truck rated up through 
6000 lbs GVWR. The LDT1 and LDT2 classifications compose the light 
light-duty truck category.
    Light-duty truck means any motor vehicle rated at 8,500 pounds GVWR 
or less which has a curb weight of 6,000 pounds or less and which has a 
basic vehicle frontal area of 45 square feet or less, which is:
    (1) Designed primarily for purposes of transportation of property 
or is a derivation of such a vehicle; or
    (2) Designed primarily for transportation of persons and has a 
capacity of more than 12 persons; or
    (3) Available with special features enabling off-street or off-
highway operation and use.

[[Page 23929]]

    Light-duty truck 1 (LDT1) means any light light-duty truck up 
through 3750 lbs loaded vehicle weight.
    Light-duty truck 2 (LDT2) means any light light-duty truck greater 
than 3750 lbs loaded vehicle weight.
    Light-duty truck 3 (LDT3) means any heavy light-duty truck up 
through 5750 lbs adjusted loaded vehicle weight.
    Light-duty truck 4 (LDT4) means any heavy light-duty truck greater 
than 5750 lbs adjusted loaded vehicle weight.
    Light-duty vehicle means a passenger car or passenger car 
derivative capable of seating 12 passengers or less.
    Liquefied petroleum gas means a liquid hydrocarbon fuel that is 
stored under pressure and is composed primarily of species that are 
gases at atmospheric conditions (temperature = 25 deg. C and pressure = 
1 atm), excluding natural gas.
    Loaded vehicle weight means the vehicle's curb weight plus 300 
pounds.
    Low altitude means any elevation equal to or less than 1,219 meters 
(4,000 feet).
    Low altitude conditions means a test altitude less than 549 meters 
(1,800 feet).
    Malfunction means not operating according to specifications (e.g., 
those specifications listed in the certification application).
    Methanol-fueled vehicle means any motor vehicle or motor vehicle 
engine that is engineered and designed to be operated using methanol 
fuel (i.e., a fuel that contains at least 50 percent methanol (CH3OH) 
by volume) as fuel. Model means a specific combination of car line, 
body style, and drivetrain configuration.
    Model type means a unique combination of car line, basic engine, 
and transmission class.
    Model year means the manufacturer's annual production period (as 
determined by the Administrator) which includes January 1 of such 
calendar year: Provided that if the manufacturer has no annual 
production period, the term ``model year'' shall mean the calendar 
year.
    Multi-fuel means capable of operating on two or more different fuel 
types, either separately or simultaneously.
    Natural gas means a fuel whose primary constituent is methane.
    Nominal fuel tank capacity means the volume of the fuel tank(s), 
specified by the manufacturer to the nearest tenth of a U.S. gallon, 
which may be filled with fuel from the fuel tank filler inlet.
    Non-emission-related maintenance means that maintenance which does 
not substantially affect emissions and which does not have a lasting 
effect on the emissions deterioration of the vehicle or engine during 
normal in-use operation once the maintenance is performed.
    Non-integrated refueling emission control system means a system 
where fuel vapors from refueling are stored in a vapor storage unit 
assigned solely to the function of storing refueling vapors.
    Non-Methane Hydrocarbon Equivalent means the sum of the carbon mass 
emissions of non-oxygenated non-methane hydrocarbons, methanol, 
formaldehyde, or other organic compounds that are separately measured, 
expressed as gasoline-fueled vehicle hydrocarbons. In the case of 
exhaust emissions, the hydrogen-to-carbon ratio of the equivalent 
hydrocarbon is 1.85:1. In the case of diurnal and hot soak emissions, 
the hydrogen-to-carbon ratios of the equivalent hydrocarbons are 2.33:1 
and 2.2:1, respectively.
    Non-oxygenated hydrocarbon means organic emissions measured by a 
flame ionization detector, excluding methanol.
    N/V means the ratio of engine speed in revolutions per minute (rpm) 
to vehicle speed in miles per hour in the top transmission gear. At the 
manufacturer's option, either the 1:1 transmission gear ratio or the 
lowest numerical gear ratio available in the transmission will be used 
to determine N/V.
    Option, in the context of a vehicle design feature, means any 
available equipment or feature not standard equipment on a model.
    Original Equipment Manufacturer (OEM) means the manufacturer 
responsible for the design and production of a vehicle or component. 
This manufacturer will be fully knowledgeable of any production changes 
made to the design of the vehicle or component and shall be able to 
track the individual vehicles or component with regard to such 
production changes.
    Otto-cycle means type of engine with operating characteristics 
significantly similar to the theoretical Otto combustion cycle. The use 
of a throttle during normal operation is indicative of an Otto-cycle 
engine.
    Oxides of nitrogen means the sum of the nitric oxide and nitrogen 
dioxide contained in a gas sample as if the nitric oxide were in the 
form of nitrogen dioxide.
    Petroleum fuel means liquid fuels normally derived from crude oil, 
excluding liquefied petroleum gas. Gasoline and diesel fuel are 
petroleum fuels.
    Precision means the standard deviation of replicated measurements.
    Proven emission control systems are emission control components or 
systems (and fuel metering systems) that have completed full durability 
testing evaluation over a vehicle's useful life in some other certified 
test group, or have completed bench or road testing demonstrated to be 
equal or more severe than certification mileage accumulation 
requirements. Alternatively, proven components or systems are those 
that are determined by EPA to be of comparable functional quality and 
manufactured using comparable materials and production techniques as 
components or systems which have been durability demonstrated in some 
other certified test group. In addition, the components or systems must 
be employed in an operating environment (e.g., temperature, exhaust 
flow, etc.,) similar to that experienced by the original or comparable 
components or systems in the original certified test group.
    Recall program means the program administered by the Agency under 
the authority of CAA section 207, and regulations in 40 CFR part 85.
    Reconfigured emission-data vehicle means an emission-data vehicle 
obtained by modifying a previously used emission-data vehicle to 
represent another emission-data vehicle.
    Refueling emissions means evaporative emissions that emanate from a 
motor vehicle fuel tank(s) during a refueling operation.
    Refueling emissions canister(s) means any vapor storage unit(s) 
that is exposed to the vapors generated during refueling.
    Resting losses means evaporative emissions that may occur 
continuously, that are not diurnal emissions, hot soak emissions, 
refueling emissions, running losses, or spitback emissions.
    Running change means a change to a vehicle or addition of a model 
which occurs after certification but during vehicle production.
    Running losses means evaporative emissions that occur during 
vehicle operation.
    SC03 means the test cycle, described in Sec. 86.160-00 and listed 
in Appendix I, paragraph (h), of this part, which is designed to 
represent driving immediately following startup.
    Scheduled maintenance means any adjustment, repair, removal, 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed on a periodic basis to prevent part failure or 
vehicle (if the engine were installed in a vehicle) malfunction, or 
anticipated as necessary from inspection to correct an overt indication 
of vehicle malfunction or failure for which periodic maintenance is not 
appropriate.

[[Page 23930]]

    Similar emission control systems are engine, fuel metering and 
emission control system combinations which use the same fuel (e.g., 
gasoline, diesel, etc.), combustion cycle (e.g., two or four stroke), 
general type of fuel system (e.g., carburetor or fuel injection), 
catalyst system (e.g., none, oxidization, three-way plus oxidization, 
three-way only, etc.), fuel control system (e.g., feedback or non-
feedback), secondary air system (e.g., equipped or not equipped) and 
exhaust gas recirculation (EGR) (e.g., equipped or not equipped).
    Span gas means a gas of known concentration which is used routinely 
to set the output level of an analyzer.
    Special features enabling off-street or off-highway operation and 
use means a vehicle that has:
    (1) Four-wheel drive; and
    (2) At least four of the following characteristics calculated when 
the automobile is at curb weight, on a level surface, with the front 
wheels parallel to the vehicle's longitudinal centerline, and the tires 
inflated to the manufacturer's recommended pressure; approach angle of 
not less than 28 degrees, breakover angle of not less than 14 degrees, 
departure angle of not less than 20 degrees, running clearance of not 
less than 8 inches, and front and rear axle clearances of not less than 
7 inches each.
    Spitback emissions means evaporative emissions resulting from the 
loss of liquid fuel that is emitted from a vehicle during a fueling 
operation.
    Standard equipment means those features or equipment which are 
marketed on a vehicle over which the purchaser can exercise no choice.
    Static loaded radius arc means a portion of a circle whose center 
is the center of a standard tire-rim combination of an automobile and 
whose radius is the distance from that center to the level surface on 
which the automobile is standing, measured with the automobile at curb 
weight, the wheel parallel to the vehicle's longitudinal centerline, 
and the tire inflated to the manufacturer's recommended pressure.
    Supplemental FTP (SFTP) means the additional test procedures 
designed to measure emissions during aggressive and microtransient 
driving, as described in Sec. 86.159-00 over the US06 cycle, and also 
the test procedure designed to measure urban driving emissions while 
the vehicle's air conditioning system is operating, as described in 
Sec. 86.160-00 over the SC03 cycle.
    Tank fuel volume means the volume of fuel in the fuel tank(s), 
which is determined by taking the manufacturer's nominal fuel tank(s) 
capacity and multiplying by 0.40. The result is rounded to the nearest 
tenth of a U.S. gallon in accordance with the Rounding-Off Method 
specified in ASTM E29-93a, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications 
(incorporated by reference; see Sec. 86.1)
    Test group means the basic classification unit within a durability 
group used for the purpose of demonstrating compliance with exhaust 
emission standards in accordance with Sec. 86.1841-01. The test group 
is also used as a classification unit for gathering in-use data for the 
In-Use Verification Program (IUVP) in accordance with Sec. 86.1848-01.
    Test weight basis means the basis on which equivalent test weight 
is determined in accordance with Sec. 86.129-00 of subpart B of this 
part.
    Throttle means a device used to control an engine's power output by 
limiting the amount of air entering the combustion chamber.
    Total Hydrocarbon Equivalent means the sum of the carbon mass 
emissions of non-oxygenated hydrocarbons, methanol, formaldehyde or 
other organic compounds that are separately measured, expressed as 
gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions, 
the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1. 
In the case of diurnal and hot soak emissions, the hydrogen-to-carbon 
ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1, 
respectively.
    Transmission class means the basic type of transmission, e.g., 
manual, automatic, semiautomatic.
    Transmission configuration means a unique combination, within a 
transmission class, of the number of the forward gears and, if 
applicable, overdrive. The Administrator may further subdivide a 
transmission configuration (based on such criteria as gear ratios, 
torque convertor multiplication ratio, stall speed and shift 
calibration, etc.), if she/he determines that significant fuel economy 
or exhaust emission differences exist within that transmission 
configuration.
    Unproven emission control systems are emission control components 
or systems (and fuel metering systems) that do not qualify as proven 
emission control systems.
    Unscheduled maintenance means any adjustment, repair, removal 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed to correct a part failure or vehicle (if the engine 
were installed in a vehicle) malfunction which was not anticipated.
    US06 means the test cycle, described in Sec. 86.159-00 and listed 
in appendix I, paragraph (g), of this part, which is designed to 
evaluate emissions during aggressive and microtransient driving.
    Useful life means the period of use or time during which an 
emission standard applies to light-duty vehicles and light-duty trucks, 
as described in Sec. 86.1805-01.
    Van means a light-duty truck having an integral enclosure, fully 
enclosing the driver compartment and load carrying device, and having 
no body sections protruding more than 30 inches ahead of the leading 
edge of the windshield.
    Vehicle configuration means a unique combination of basic engine, 
engine code, inertia weight class, transmission configuration, and axle 
ratio.
    Zero (0) miles means that point after initial engine starting (not 
to exceed 100 miles of vehicle operation, or three hours of engine 
operation) at which normal assembly line operations and adjustments are 
completed, and including emission testing, if performed.


Sec. 86.1804-01  Acronyms and abbreviations.

    The following abbreviations apply to this subpart:

A/C--Air conditioning.
AECD--Auxiliary emission control device.
ALVW--Adjusted Loaded Vehicle Weight.
API--American Petroleum Institute.
ASTM--American Society for Testing and Materials.
C--Celsius.
cfm--Cubic feet per minute.
CFV--Critical flow venturi.
CFV-CVS--Critical flow venturi--constant volume sampler.
CH3OH--Methanol.
CID--Cubic inch displacement.
Cl--Chemiluminescence.
CO--Carbon monoxide.
CO2--Carbon dioxide.
conc.--Concentration.
CST--Certification Short Test.
cu. in.--Cubic inch(es).
CVS--Constant volume sampler.
DDV--Durability Data Vehicle.
deg.--Degree(s).
DNPH--2,4-dinitrophenylhydrazine.
EDV--Emission Data Vehicle.
EP--End point.
ETW--Equivalent test weight.
F--Fahrenheit.
FID--Flame ionization detector.
ft.--Feet.
FTP--Federal Test Procedure.
g--gram(s).
gal.--U.S. gallon(s).
GC--Gas chromatograph.
GVW--Gross vehicle weight.
GVWR--Gross vehicle weight rating.
H2O--Water.
HC--Hydrocarbon(s).

[[Page 23931]]

HFID--Heated flame ionization detector.
Hg--Mercury.
hp--Horsepower.
HPLC--High-pressure liquid chromatography.
IBP--Initial boiling point.
in.--Inch(es).
IUVP--In-Use Verification Program.
K--Kelvin.
kg--Kilogram(s).
km--Kilometer(s).
kPa--Kilopascal(s).
lb.--Pound(s).
LDT1--Light-duty truck 1.
LDT2--Light-duty truck 2.
LDT3--Light-duty truck 3.
LDT4--Light-duty truck 4.
LPG--Liquefied Petroleum Gas.
m--Meter(s).
max.--Maximum.
mg--Milligram(s).
mi.--Mile(s).
min.--Minimum.
ml--Milliliter(s).
mm--Millimeter(s).
mph--Miles per hour.
mV--Millivolt
N2--Nitrogen.
NDIR--Nondispersive infrared.
NMHC--Nonmethane Hydrocarbons.
NMHCE--Non-Methane Hydrocarbon Equivalent.
NO--nitric oxide.
No.--Number.
O2--Oxygen.
OEM--Original equipment manufacturer.
NO2--Nitrogen dioxide.
NOX--Oxides of nitrogen.
Pb--Lead.
pct.--Percent.
PDP-CVS--Positive displacement pump--constant volume sampler.
ppm--Parts per million by volume.
PM--Particulate Matter.
ppm C--Parts per million, carbon.
psi--Pounds per square inch.
R--Rankin.
rpm--Revolutions per minute.
RVP--Reid vapor pressure.
s--Second(s).
SAE--Society of Automotive Engineers.
SFTP--Supplemental Federal Test Procedure.
SI--International system of units.
TD--dispensed fuel temperature.
THC--Total Hydrocarbons.
THCE--Total Hydrocarbon Equivalent.
UDDS--Urban dynamometer driving schedule.
UV--Ultraviolet.
vs--Versus.
W--Watt(s).
WOT--Wide open throttle.
Wt.--Weight.


Sec. 86.1805-01  Useful life.

    (a) Intermediate useful life is a period of use of 5 years or 
50,000 miles, which ever occurs first.
    (b) Full useful life is as follows:
    (1) For light-duty vehicles and light light-duty trucks full useful 
life is a period of use of 10 years or 100,000 miles, which ever occurs 
first.
    (2) For heavy light-duty trucks full useful life is a period of use 
of 11 years or 120,000 miles, which ever occurs first.
    (c) Manufacturers may petition the Administrator to provide 
alternative useful life periods for light-duty trucks when they believe 
that the useful life periods are significantly unrepresentative for one 
or more test groups (either too long or too short). This petition must 
include the full rationale behind the request together with any 
supporting data and other evidence. Based on this or other information 
the Administrator may assign an alternative useful-life period. Any 
petition should be submitted in a timely manner, to allow adequate time 
for a thorough evaluation. Alternative useful life periods will be 
granted only for THC, THCE, and idle CO requirements.


Sec. 86.1806-01  On-board diagnostics.

    (a) All light-duty vehicles and light-duty trucks shall be equipped 
with an on-board diagnostic (OBD) system capable of monitoring, for 
each vehicle's useful life, all emission-related powertrain systems or 
components. All systems and components required to be monitored by 
these regulations shall be evaluated periodically, but no less 
frequently than once per Urban Dynamometer Driving Schedule as defined 
in Appendix I, paragraph (a), of this part, or similar trip as approved 
by the Administrator.
    (b) Malfunction descriptions. The OBD system shall detect and 
identify malfunctions in all monitored emission-related powertrain 
systems or components according to the following malfunction 
definitions as measured and calculated in accordance with test 
procedures set forth in subpart B of this part, excluding those test 
procedures described in Sec. 86.158-00. Paragraph (b)(1) of this 
section does not apply to diesel cycle light-duty vehicles or diesel 
cycle light-duty trucks, except where the catalyst is needed for NMHC 
control. Paragraphs (b)(2), (b)(3), and (b)(4) of this section do not 
apply to diesel cycle light-duty vehicles or diesel cycle light-duty 
trucks.
    (1) Catalyst deterioration or malfunction before it results in an 
increase in NMHC emissions 1.5 times the NMHC standard, as compared to 
the NMHC emission level measured using a representative 4000 mile 
catalyst system.
    (2) Engine misfire resulting in exhaust emissions exceeding 1.5 
times the applicable standard for NMHC, CO or NOX; and any 
misfire capable of damaging the catalytic converter.
    (3) Oxygen sensor deterioration or malfunction resulting in exhaust 
emissions exceeding 1.5 times the applicable standard for NMHC, CO or 
NOX.
    (4) Any vapor leak in the evaporative and/or refueling system 
(excluding the tubing and connections between the purge valve and the 
intake manifold) greater than or equal in magnitude to a leak caused by 
a 0.040 inch diameter orifice; any absence of evaporative purge air 
flow from the complete evaporative emission control system. On vehicles 
with fuel tank capacity greater than 25 gallons, the Administrator may, 
following a request from the manufacturer, revise the size of the 
orifice to the smallest orifice feasible, based on test data, if the 
most reliable monitoring method available cannot reliably detect a 
system leak equal to a 0.040 inch diameter orifice.
    (5) Any deterioration or malfunction occurring in a powertrain 
system or component directly intended to control emissions, including 
but not necessarily limited to, the exhaust gas recirculation (EGR) 
system, if equipped, the secondary air system, if equipped, and the 
fuel control system, singularly resulting in exhaust emissions 
exceeding 1.5 times the applicable emission standard for NMHC, CO or 
NOX. For vehicles equipped with a secondary air system, a 
functional check, as described in paragraph (b)(6) of this section, may 
satisfy the requirements of this paragraph provided the manufacturer 
can demonstrate that deterioration of the flow distribution system is 
unlikely. This demonstration is subject to Administrator approval and, 
if the demonstration and associated functional check are approved, the 
diagnostic system shall indicate a malfunction when some degree of 
secondary airflow is not detectable in the exhaust system during the 
check. For vehicles equipped with positive crankcase ventilation (PCV), 
monitoring of the PCV system is not necessary provided the manufacturer 
can demonstrate to the Administrator's satisfaction that the PCV system 
is unlikely to fail.
    (6) Any other deterioration or malfunction occurring in an 
electronic emission-related powertrain system or component not 
otherwise described above that either provides input to or receives 
commands from the on-board computer and has a measurable impact on 
emissions; monitoring of components required by this paragraph shall be 
satisfied by employing electrical circuit continuity checks and 
rationality checks for computer input components (input values within 
manufacturer specified ranges), and functionality checks for computer

[[Page 23932]]

output components (proper functional response to computer commands) 
except that the Administrator may waive such a rationality or 
functionality check where the manufacturer has demonstrated 
infeasibility; malfunctions are defined as a failure of the system or 
component to meet the electrical circuit continuity checks or the 
rationality or functionality checks.
    (7) Oxygen sensor or any other component deterioration or 
malfunction which renders that sensor or component incapable of 
performing its function as part of the OBD system shall be detected and 
identified on vehicles so equipped.
    (c) Malfunction indicator light. The OBD system shall incorporate a 
malfunction indicator light (MIL) readily visible to the vehicle 
operator. When illuminated, it shall display ``Check Engine,'' 
``Service Engine Soon,'' a universally recognizable engine symbol, or a 
similar phrase or symbol approved by the Administrator. A vehicle shall 
not be equipped with more than one general purpose malfunction 
indicator light for emission-related problems; separate specific 
purpose warning lights (e.g. brake system, fasten seat belt, oil 
pressure, etc.) are permitted. The use of red for the OBD-related 
malfunction indicator light is prohibited.
    (d) MIL illumination. The MIL shall illuminate and remain 
illuminated when any of the conditions specified in paragraph (b) of 
this section are detected and verified, or whenever the engine control 
enters a default or secondary mode of operation considered abnormal for 
the given engine operating conditions. The MIL shall blink once per 
second under any period of operation during which engine misfire is 
occurring and catalyst damage is imminent. If such misfire is detected 
again during the following driving cycle (i.e., operation consisting 
of, at a minimum, engine start-up and engine shut-off) or the next 
driving cycle in which similar conditions are encountered, the MIL 
shall maintain a steady illumination when the misfire is not occurring 
and shall remain illuminated until the MIL extinguishing criteria of 
this section are satisfied. The MIL shall also illuminate when the 
vehicle's ignition is in the ``key-on'' position before engine starting 
or cranking and extinguish after engine starting if no malfunction has 
previously been detected. If a fuel system or engine misfire 
malfunction has previously been detected, the MIL may be extinguished 
if the malfunction does not reoccur during three subsequent sequential 
trips during which similar conditions are encountered (engine speed is 
within 375 rpm, engine load is within 20 percent, and the engine's 
warm-up status is the same as that under which the malfunction was 
first detected), and no new malfunctions have been detected. If any 
malfunction other than a fuel system or engine misfire malfunction has 
been detected, the MIL may be extinguished if the malfunction does not 
reoccur during three subsequent sequential trips during which the 
monitoring system responsible for illuminating the MIL functions 
without detecting the malfunction, and no new malfunctions have been 
detected. Upon Administrator approval, statistical MIL illumination 
protocols may be employed, provided they result in comparable 
timeliness in detecting a malfunction and evaluating system 
performance, i.e., three to six driving cycles would be considered 
acceptable.
    (e) Storing of computer codes. The emission control diagnostic 
system shall record and store in computer memory diagnostic trouble 
codes and diagnostic readiness codes indicating the status of the 
emission control system. These codes shall be available through the 
standardized data link connector per SAE J1979 specifications as 
incorporated by reference in paragraph (h) of this section.
    (1) A diagnostic trouble code shall be stored for any detected and 
verified malfunction causing MIL illumination. The stored diagnostic 
trouble code shall identify the malfunctioning system or component as 
uniquely as possible. At the manufacturer's discretion, a diagnostic 
trouble code may be stored for conditions not causing MIL illumination. 
Regardless, a separate code should be stored indicating the expected 
MIL illumination status (i.e., MIL commanded ``ON,'' MIL commanded 
``OFF'').
    (2) For a single misfiring cylinder, the diagnostic trouble code(s) 
shall uniquely identify the cylinder, unless the manufacturer submits 
data and/or engineering evaluations which adequately demonstrate that 
the misfiring cylinder cannot be reliably identified under certain 
operating conditions. The diagnostic trouble code shall identify 
multiple misfiring cylinder conditions; under multiple misfire 
conditions, the misfiring cylinders need not be uniquely identified if 
a distinct multiple misfire diagnostic trouble code is stored.
    (3) The diagnostic system may erase a diagnostic trouble code if 
the same code is not re-registered in at least 40 engine warm-up 
cycles, and the malfunction indicator light is not illuminated for that 
code.
    (4) Separate status codes, or readiness codes, shall be stored in 
computer memory to identify correctly functioning emission control 
systems and those emission control systems which require further 
vehicle operation to complete proper diagnostic evaluation. A readiness 
code need not be stored for those monitors that can be considered 
continuously operating monitors (e.g., misfire monitor, fuel system 
monitor, etc.). Readiness codes should never be set to ``not ready'' 
status upon key-on or key-off; intentional setting of readiness codes 
to ``not ready'' status via service procedures must apply to all such 
codes, rather than applying to individual codes. Subject to 
Administrator approval, if monitoring is disabled for a multiple number 
of driving cycles (i.e., more than one) due to the continued presence 
of extreme operating conditions (e.g., ambient temperatures below 
40 deg.F, or altitudes above 8000 feet), readiness for the subject 
monitoring system may be set to ``ready'' status without monitoring 
having been completed. Administrator approval shall be based on the 
conditions for monitoring system disablement, and the number of driving 
cycles specified without completion of monitoring before readiness is 
indicated.
    (f) Available diagnostic data. (1) Upon determination of the first 
malfunction of any component or system, ``freeze frame'' engine 
conditions present at the time shall be stored in computer memory. 
Should a subsequent fuel system or misfire malfunction occur, any 
previously stored freeze frame conditions shall be replaced by the fuel 
system or misfire conditions (whichever occurs first). Stored engine 
conditions shall include, but are not limited to: engine speed, open or 
closed loop operation, fuel system commands, coolant temperature, 
calculated load value, fuel pressure, vehicle speed, air flow rate, and 
intake manifold pressure if the information needed to determine these 
conditions is available to the computer. For freeze frame storage, the 
manufacturer shall include the most appropriate set of conditions to 
facilitate effective repairs. If the diagnostic trouble code causing 
the conditions to be stored is erased in accordance with paragraph (d) 
of this section, the stored engine conditions may also be erased.
    (2) The following data in addition to the required freeze frame 
information shall be made available on demand through the serial port 
on the standardized data link connector, if the information is 
available to the on-board computer or can be determined using

[[Page 23933]]

information available to the on-board computer: Diagnostic trouble 
codes, engine coolant temperature, fuel control system status (closed 
loop, open loop, other), fuel trim, ignition timing advance, intake air 
temperature, manifold air pressure, air flow rate, engine RPM, throttle 
position sensor output value, secondary air status (upstream, 
downstream, or atmosphere), calculated load value, vehicle speed, and 
fuel pressure. The signals shall be provided in standard units based on 
SAE specifications incorporated by reference in paragraph (h) of this 
section. Actual signals shall be clearly identified separately from 
default value or limp home signals.
    (3) For all emission control systems for which specific on-board 
evaluation tests are conducted (catalyst, oxygen sensor, etc.), the 
results of the most recent test performed by the vehicle, and the 
limits to which the system is compared shall be available through the 
standardized data link connector per SAE J1979 specifications as 
incorporated by reference in paragraph (h) of this section.
    (4) Access to the data required to be made available under this 
section shall be unrestricted and shall not require any access codes or 
devices that are only available from the manufacturer.
    (g) The emission control diagnostic system is not required to 
evaluate systems or components during malfunction conditions if such 
evaluation would result in a risk to safety or failure of systems or 
components. Additionally, the diagnostic system is not required to 
evaluate systems or components during operation of a power take-off 
unit such as a dump bed, snow plow blade, or aerial bucket, etc.
    (h) Incorporation by reference materials. The emission control 
diagnostic system shall provide for standardized access and conform 
with the following Society of Automotive Engineers (SAE) standards and/
or the following International Standards Organization (ISO) standards. 
The following documents are incorporated by reference. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be inspected at Docket No. A-90-35 at EPA's Air docket (LE-131), 
room 1500 M, 1st Floor, Waterside Mall, 401 M Street, SW., Washington, 
DC, or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (1) SAE material. Copies of these materials may be obtained from 
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001.
    (i) SAE J1850 ``Class B Data Communication Network Interface,'' 
(July 1995) shall be used as the on-board to off-board communications 
protocol. All emission related messages sent to the scan tool over a 
J1850 data link shall use the Cyclic Redundancy Check and the three 
byte header, and shall not use inter-byte separation or checksums.
    (ii) Basic diagnostic data (as specified in Secs. 86.094-17(e) and 
(f)) shall be provided in the format and units in SAE J1979 July 1996 
E/E Diagnostic Test Modes.''
    (iii) Diagnostic trouble codes shall be consistent with SAE J2012 
July 1996 ``Recommended Practices for Diagnostic Trouble Code 
Definitions.''
    (iv) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements 
of SAE J1962 January 1995 ``Diagnostic Connector.''
    (2) ISO materials. Copies of these materials may be obtained from 
the International Organization for Standardization, Case Postale 56, 
CH-1211 Geneva 20, Switzerland.
    (i) ISO 9141-2 February 1994 ``Road vehicles--Diagnostic systems--
Part 2: CARB requirements for interchange of digital information,'' may 
be used as an alternative to SAE J1850 as the on-board to off-board 
communications protocol.
    (ii) [Reserved]
    (i) Deficiencies and alternate fueled vehicles. Upon application by 
the manufacturer, the Administrator may accept an OBD system as 
compliant even though specific requirements are not fully met. Such 
compliances without meeting specific requirements, or deficiencies, 
will be granted only if compliance would be infeasible or unreasonable 
considering such factors as, but not limited to, technical feasibility 
of the given monitor, lead time and production cycles including phase-
in or phase-out of engines or vehicle designs and programmed upgrades 
of computers, and if any unmet requirements are not carried over from 
the previous model year except where unreasonable hardware or software 
modifications would be necessary to correct the non-compliance, and the 
manufacturer has demonstrated an acceptable level of effort toward 
compliance as determined by the Administrator. Furthermore, EPA will 
not accept any deficiency requests that include the complete lack of a 
major diagnostic monitor (``major'' diagnostic monitors being those for 
the catalyst, oxygen sensor, engine misfire, and evaporative leaks), 
with the possible exception of the special provisions for alternate 
fueled vehicles. For alternate fueled vehicles (e.g. natural gas, 
liquefied petroleum gas, methanol, ethanol), beginning with the model 
year for which alternate fuel emission standards are applicable and 
extending through the 2004 model year, manufacturers may request the 
Administrator to waive specific monitoring requirements of this section 
for which monitoring may not be reliable with respect to the use of the 
alternate fuel. At a minimum, alternate fuel vehicles shall be equipped 
with an OBD system meeting OBD requirements to the extent feasible as 
approved by the Administrator.
    (j) Demonstration of compliance with California OBD II requirements 
(Title 13 California Code Sec. 1968.1), as modified pursuant to 
California Mail Out #97-24 (December 9, 1997), shall satisfy the 
requirements of this section, except that compliance with Title 13 
California Code Secs. 1968.1(b)(4.2.2), pertaining to evaporative leak 
detection, and 1968.1(d), pertaining to tampering protection, are not 
required to satisfy the requirements of this section, and the 
deficiency fine provisions of 1968.1(m)(6.1) and (6.2) shall not apply.
    (k) For engine families required to have an emission control 
diagnostic system (an OBD system), certification will not be granted 
if, for any test vehicle approved by the Administrator in consultation 
with the manufacturer, the malfunction indicator light does not 
illuminate under any of the following circumstances, unless the 
manufacturer can demonstrate that any identified OBD problems 
discovered during the Administrator's evaluation will be corrected on 
production vehicles. Only paragraphs (k)(5) and (k)(6) of this section 
apply to diesel cycle vehicles and diesel cycle trucks where such 
vehicles and trucks are so equipped.
    (1) A catalyst is replaced with a deteriorated or defective 
catalyst, or an electronic simulation of such, resulting in an increase 
of 1.5 times the NMHC standard above the NMHC emission level measured 
using a representative 4000 mile catalyst system.
    (2) An engine misfire condition is induced resulting in exhaust 
emissions exceeding 1.5 times the applicable standards for NMHC, CO or 
NOX.
    (3) Any oxygen sensor is replaced with a deteriorated or defective 
oxygen sensor, or an electronic simulation of such, resulting in 
exhaust emissions exceeding 1.5 times the applicable standard for NMHC, 
CO or NOX.
    (4) A vapor leak is introduced in the evaporative and/or refueling 
system (excluding the tubing and connections between the purge valve 
and the intake

[[Page 23934]]

manifold) greater than or equal in magnitude to a leak caused by a 
0.040 inch diameter orifice, or the evaporative purge air flow is 
blocked or otherwise eliminated from the complete evaporative emission 
control system.
    (5) A malfunction condition is induced in any emission-related 
powertrain system or component, including but not necessarily limited 
to, the exhaust gas recirculation (EGR) system, if equipped, the 
secondary air system, if equipped, and the fuel control system, 
singularly resulting in exhaust emissions exceeding 1.5 times the 
applicable emission standard for NMHC, CO or NOX.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described above 
that either provides input to or receives commands from the on-board 
computer resulting in a measurable impact on emissions.


Sec. 86.1807-01  Vehicle labeling.

    (a) The manufacturer of any motor vehicle subject to the applicable 
emission standards of this subpart, shall, at the time of manufacture, 
affix a permanent legible label, of the type and in the manner 
described in this section, containing the information prescribed in 
this section, to all production models of such vehicles available for 
sale to the public and covered by a Certificate of Conformity under 
Sec. 86.1848-01.
    (1) A permanent, legible label shall be affixed in a readily 
visible position in the engine compartment.
    (2) The label shall be affixed by the vehicle manufacturer who has 
been issued the Certificate of Conformity for such vehicle, in such 
manner that it cannot be removed without destroying or defacing the 
label. The label shall not be affixed to any equipment which is easily 
detached from such vehicle.
    (3) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (i) The label heading: Vehicle Emission Control Information;
    (ii) Full corporate name and trademark of manufacturer;
    (iii) Engine displacement (in cubic inches or liters), test group 
identification and evaporative/refueling family identification;
    (iv) Engine tune-up specifications and adjustments, as recommended 
by the manufacturer in accordance with the applicable emission 
standards, including but not limited to idle speed(s), ignition timing, 
the idle air-fuel mixture setting procedure and value (e.g., idle CO, 
idle air-fuel ratio, idle speed drop), high idle speed, initial 
injection timing and valve lash (as applicable), as well as other 
parameters deemed necessary by the manufacturer. These specifications 
should indicate the proper transmission position during tune-up and 
what accessories (e.g., air conditioner), if any, should be in 
operation;
    (v) An unconditional statement of compliance with the appropriate 
model year U.S. EPA regulations which apply to light-duty vehicles or 
light-duty trucks;
    (vi) The exhaust emission standards to which the test group is 
certified, and the corresponding exhaust emission standards which the 
test group must meet in-use. In lieu of this requirement, the 
standardized test group name designated by the Agency may be used;
    (vii) The vacuum hose routing diagram is required if the vehicles 
are equipped with vacuum actuated emission and emission-related 
components. The manufacturer may, at its option, use a separate label 
for the vacuum hose diagram provided that the vacuum hose diagram is 
placed in a visible and accessible position as described in this 
section;
    (viii) Vehicles granted final admission under 40 CFR 85.1505 must 
comply with the labeling requirements contained in 40 CFR 85.1510;
    (ix) (A) For vehicles exempted from compliance with certain revised 
performance warranty procedures, as specified in Sec. 86.1829-
01(b)(4)(iii), a statement indicating the specific performance warranty 
test(s) of 40 CFR part 85, subpart W, not to be performed.
    (B) For vehicles exempted from compliance with all revised 
performance warranty procedures, as specified in Sec. 86.1829-
01(b)(4)(iv), a statement indicating:
    (1) That none of the performance warranty tests of 40 CFR part 85, 
subpart W, is to be performed; and
    (2) The name of the Administrator-approved alternative test 
procedure to be performed;
    (x) For vehicles designed to be capable of operating on fuels other 
than gasoline or diesel, the statement ``This vehicle is certified to 
operate on [specify fuel(s)]''.
    (b) The provisions of this section shall not prevent a manufacturer 
from also reciting on the label that such vehicle (or engine) conforms 
to any applicable state emission standards for new motor vehicles (or 
new motor vehicle engines) or any other information that such 
manufacturer deems necessary for, or useful to, the proper operation 
and satisfactory maintenance of the vehicle (or engine).
    (c)(1) The manufacturer of any light-duty vehicle or light-duty 
truck subject to the emission standards of this subpart shall, in 
addition and subsequent to setting forth those statements on the label 
required by the Department of Transportation (DOT) pursuant to 49 CFR 
567.4, set forth on the DOT label or on an additional label located in 
proximity to the DOT label and affixed as described n 49 CFR 567.4(b), 
the following information in the English language, lettered in block 
letters and numerals not less than three thirty-seconds of an inch 
high, of a color that contrasts with the background of the label:
    (i) The heading: ``Vehicle Emission Control Information.''
    (ii)(A) For light-duty vehicles, the statement: ``This Vehicle 
Conforms to U.S. EPA Regulations Applicable to XXX-Fueled 20XX Model 
Year New Motor Vehicles.''
    (B) For light-duty trucks, the statement: ``This Vehicle Conforms 
to U.S. EPA Regulations Applicable to XXX-Fueled 20XX Model Year New 
Light-Duty Trucks.''
    (iii) One of the following statements, as applicable, in letters 
and numerals not less than six-thirty-seconds of an inch high and of a 
color that contrasts with the background of the label:
    (A) For all vehicles certified as noncatalyst-equipped: ``NON-
CATALYST'';
    (B) For all vehicles certified as catalyst-equipped which are 
included in a manufacturer's catalyst control program for which 
approval has been given by the Administrator: ``CATALYST--APPROVED FOR 
IMPORT'';
    (C) For all vehicles certified as catalyst-equipped which are not 
included in a manufacturer's catalyst control program for which prior 
approval has been given by the Administrator: ``CATALYST''.
    (2) In lieu of selecting either of the labeling options of 
paragraph (c)(1) of this section, the manufacturer may add the 
information required by paragraph (c)(1)(iii) of this section to the 
label required by paragraph (a) of this section. The required 
information will be set forth in the manner prescribed by paragraph 
(c)(1)(iii) of this section.
    (d) Incomplete light-duty trucks shall have the following prominent 
statement printed on the label required by paragraph (a)(3)(v) of this 
section: ``This vehicle conforms to U.S. EPA regulations applicable to 
20xx Model year Light-Duty Trucks under the

[[Page 23935]]

special provisions of Sec. 86.1801-01(c)(1) when it does not exceed XXX 
pounds in curb weight, XXX pounds in gross vehicle weight rating, and 
XXX square feet in frontal area.''
    (e) The manufacturer of any incomplete light-duty vehicle or light-
duty truck shall notify the purchaser of such vehicle of any curb 
weight, frontal area, or gross vehicle weight rating limitations 
affecting the emission certificate applicable to that vehicle. This 
notification shall be transmitted in a manner consistent with National 
Highway Safety Administration safety notification requirements 
published in 49 CFR part 568.
    (f) All light-duty vehicles and light-duty trucks shall comply with 
SAE Recommended Practices J1877 ``Recommended Practice for Bar-Coded 
Vehicle Identification Number Label,'' (October 1993), and J1892 
``Recommended Practice for Bar-Coded Vehicle Emission Configuration 
Label,'' (July 1994). SAE J1877 and J1892 are incorporated by 
reference. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
Part 51. Copies may be obtained from the Society of Automotive 
Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. 
Copies may be inspected at Docket No. A-90-35 at EPA's Air Docket (LE-
131), room 1500M, 1st Floor, Waterside Mall, 401 M Street, SW., 
Washington, DC, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (g) The Administrator may approve in advance other label formats 
provided the information contained on the label is substantively the 
same as that required in paragraph (c) of this section.


Sec. 86.1808-01  Maintenance instructions.

    (a) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor vehicle subject to the standards prescribed 
in this subpart, as applicable, written instructions for the proper 
maintenance and use of the vehicle, by the purchaser consistent with 
the provisions of Sec. 86.1834-01, which establishes what scheduled 
maintenance the Administrator approves as being reasonable and 
necessary.
    (1) The maintenance instructions required by this section shall be 
in clear, and to the extent practicable, nontechnical language.
    (2) The maintenance instructions required by this section shall 
contain a general description of the documentation which the 
manufacturer will require from the ultimate purchaser or any subsequent 
purchaser as evidence of compliance with the instructions.
    (b) Instructions provided to purchasers under paragraph (a) of this 
section shall specify the performance of all scheduled maintenance 
performed by the manufacturer on certification durability vehicles and, 
in cases where the manufacturer performs less maintenance on 
certification durability data vehicles than the allowed limit, may 
specify the performance of any scheduled maintenance allowed under 
Sec. 86.1834-01.
    (c) Scheduled emission-related maintenance in addition to that 
performed under Sec. 86.1834-01 may only be recommended to offset the 
effects of abnormal in-use operating conditions, except as provided in 
paragraph (d) of this section. The manufacturer shall be required to 
demonstrate, subject to the approval of the Administrator, that such 
maintenance is reasonable and technologically necessary to assure the 
proper functioning of the emission control system. Such additional 
recommended maintenance shall be clearly differentiated, in a form 
approved by the Administrator, from that approved under Sec. 86.1834-
01.
    (d) Inspections of emission-related parts or systems with 
instructions to replace, repair, clean, or adjust the parts or systems 
if necessary, are not considered to be items of scheduled maintenance 
which insure the proper functioning of the emission control system. 
Such inspections, and any recommended maintenance beyond that approved 
by the Administrator as reasonable and necessary under paragraphs (a), 
(b), and (c) of this section, may be included in the written 
instructions furnished to vehicle owners under paragraph (a) of this 
section, provided that such instructions clearly state, in a form 
approved by the Administrator, that the owner need not perform such 
inspections or recommended maintenance in order to maintain the 
emission warranty or manufacturer recall liability.
    (e) If the vehicle has been granted an alternative useful life 
period under the provisions of Sec. 86.1805-01(c), the manufacturer may 
choose to include in such instructions an explanation of the 
distinction between the alternative useful life specified on the label, 
and the emissions defect and emissions performance warranty period. The 
explanation must clearly state that the useful life period specified on 
the label represents the average period of use up to retirement or 
rebuild for the test group represented by the engine used in the 
vehicle. An explanation of how the actual useful lives of engines used 
in various applications are expected to differ from the average useful 
life may be included. The explanation(s) shall be in clear, non-
technical language that is understandable to the ultimate purchaser.
    (f) Emission control diagnostic service information:
    (1) Manufacturers shall furnish or cause to be furnished to any 
person engaged in the repairing or servicing of motor vehicles or motor 
vehicle engines, or the Administrator upon request, any and all 
information needed to make use of the on-board diagnostic system and 
such other information, including instructions for making emission-
related diagnosis and repairs, including, but not limited to, service 
manuals, technical service bulletins, recall service information, data 
stream information, bi-directional control information, and training 
information, unless such information is protected by section 208(c) as 
a trade secret. No such information may be withheld under section 
208(c) of the Act if that information is provided (directly or 
indirectly) by the manufacturer to franchised dealers or other persons 
engaged in the repair, diagnosing, or servicing of motor vehicles or 
motor vehicle engines.
    (2) Emission-related information includes, but is not limited to:
    (i) Information regarding any system, component or part of a 
vehicle that controls emissions and any system, components and/or parts 
associated with the powertrain system, including, but not limited to, 
the fuel system and ignition system;
    (ii) Information for any system, component, or part that is likely 
to impact emissions, such as transmission systems; and
    (iii) Any other information specified by the Administrator to be 
relevant for the diagnosis and repair of an emission failure found 
through the Inspection and Maintenance program, after such finding has 
been communicated to the affected manufacturer(s).
    (3) All information required to be made available by this section 
shall be made available to persons referred to in this section at a 
fair and reasonable price, as determined by the Administrator. In 
reaching a decision, the Administrator shall consider all relevant 
factors, including, but not limited to, the cost to the manufacturer of 
preparing and/or providing the information, the type of information, 
the format in which it is provided, the price charged by other 
manufacturers for similar information, the differences that exist among 
manufacturers (e.g., the size

[[Page 23936]]

of the manufacturer), the quantity of material contained in a 
publication, the detail of the information, the cost of the information 
prior to August 9, 1995, volume discounts, and inflation.
    (4) Any information which is not provided at a fair and reasonable 
price shall be considered unavailable. Manufacturers shall make the 
information required under this section available to persons specified 
in paragraph (f)(1) of this section at the same time it is made 
available to dealerships, except as otherwise specified in this 
section.
    (5) Each manufacturer shall provide in a manner specified in 
paragraph (g)(9) of this section an index of the information required 
to be made available by this section for vehicles which have been 
offered for sale; this requirement does not apply to indirect 
information, including the information specified in paragraph (g)(10) 
of this section. This index shall:
    (i) Be updated on the first and third Monday of each month;
    (ii) Provide titles that either adequately describes the contents 
of the document to which it refers or provides a brief description of 
the information contained in that document; and
    (iii) Provide the cost of information and where it can be obtained.
    (6) Manufacturers shall make the information required under this 
section available to persons specified in paragraph (f)(1) of this 
section at the same time it is made available to dealerships, except as 
otherwise specified in this section.
    (7) Each manufacturer shall maintain the index of information 
specified in paragraph (f)(5) of this section on FedWorld or other 
database designated by the Administrator. Manufacturers shall inform 
persons specified in paragraph (f)(1) of this section about the 
availability of the index in a manner prescribed by the Administrator.
    (8) Each manufacturer shall be responsible for paying its pro rata 
share of any costs associated with establishing and maintaining the 
index of emission-related service and repair information provided for 
in paragraphs (f)(5) and (f)(7) of this section.
    (9) Manufacturers or their designated distributors must mail 
requested information within one business day of receiving an order, 
and shall provide overnight delivery if the ordering party requests it 
and assumes the cost of delivery.
    (10) All emission-related data stream information made available to 
manufacturers' franchised dealerships (or others in the service 
industry) shall be made available to the persons indicated in paragraph 
(f)(1) of this section either through provision of manufacturer 
equipment and tools or through provision of such information to 
equipment and tool manufacturers.
    (11) A manufacturer shall only provide bi-directional control to 
its franchised dealerships if it provides equipment and tool 
manufacturers with information to make diagnostic equipment with the 
same bi-directional control capabilities available to the dealerships, 
or if it provides such capabilities directly to persons specified in 
paragraph (f)(1) of this section by offering for sale at a reasonable 
cost through manufacturer tools.
    (12) Manufacturers shall make data stream information and bi-
directional control information available as specified in paragraphs 
(f)(10) and (f)(11) of this section.
    (13) Manufacturers shall make available to persons indicated in 
paragraph (f)(1) of this section in the manner described in paragraph 
(f)(16) of this section reprogramming capability for all emission-
related reprogramming events (including driveability reprogramming 
events that may affect emissions) that are issued by manufacturers at 
the same time they are made available to dealerships.
    (14) For all vehicles, reprogramming need not be provided for any 
recalibrations performed prior to vehicles entering the stream of 
commerce (i.e., sale to first purchaser).
    (15) [Reserved]
    (16) Manufacturers shall either offer for sale at a competitive 
market price a reprogramming tool that interfaces with a substantial 
majority of generic portable computers or make available to aftermarket 
tool and equipment companies information that would enable them to 
manufacture such a tool. Any method adopted by a manufacturer by which 
reprogramming is made available to persons specified in paragraph 
(f)(1) of this section shall not impose a significant burden on such 
providers beyond that experienced by dealerships.
    (17) Manufacturers shall be responsible for ensuring that persons 
specified in paragraph (f)(1) of this section shall have access to 
reprogramming services at a reasonable cost and in a timely manner.
    (18) Manufacturers shall provide persons specified in paragraph 
(f)(1) of this section with an efficient and cost-effective method for 
identifying whether the calibrations on vehicles are the latest to be 
issued.
    (19) Manufacturers shall either make available to aftermarket tool 
and equipment companies no later than the date of model introduction 
any and all information, except calibrations and recalibrations, needed 
to develop and manufacture generic tools that can be used by persons 
specified in paragraph (f)(1) of this section to diagnose, service and 
repair emission-related parts, components and systems or manufacturers 
may sell their own diagnostic tools and equipment to persons specified 
in paragraph (f)(1) of this section if the price of such tools is 
reasonable.
    (20) A manufacturer is subject to a penalty of up to $25,000 per 
day per violation for failure to make available the information 
required by this section.


Sec. 86.1809-01  Prohibition of defeat devices.

    (a) No new light-duty vehicle or light-duty truck shall be equipped 
with a defeat device.
    (b) The Administrator may test or require testing on any vehicle at 
a designated location, using driving cycles and conditions which may 
reasonably be expected to be encountered in normal operation and use, 
for the purposes of investigating a potential defeat device.
    (c) For cold temperature CO emission control, the Administrator 
will use a guideline to determine the appropriateness of the CO 
emission control at ambient temperatures between 25 deg. F (-4 deg. C) 
and 68 deg. F (20 deg. C). The guideline for CO emission congruity 
across the intermediate temperature range is the linear interpolation 
between the CO standard applicable at 25 deg. F (-4 deg. C) and the CO 
standard applicable at 68 deg. F (20 deg. C). For vehicles that exceed 
this CO emissions guideline upon intermediate temperature cold testing:
    (1) If the CO emission level is greater than the 20 deg. F (-7 deg. 
C) emission standard, the vehicle will automatically be considered to 
be equipped with a defeat device without further investigation.
    (2) If the CO emission level does not exceed the 20 deg. F emission 
standard, the Administrator may investigate the vehicle design for the 
presence of a defeat device under paragraph (d) of this section.
    (d) For vehicle designs designated by the Administrator to be 
investigated for possible defeat devices:
    (1) The manufacturer must show to the satisfaction of the 
Administrator that the vehicle design does not incorporate strategies 
that unnecessarily reduce emission control effectiveness exhibited 
during the Federal or Supplemental Federal emissions test procedures 
(FTP or SFTP) when the vehicle is operated

[[Page 23937]]

under conditions which may reasonably be expected to be encountered in 
normal operation and use.
    (2) Information requirements:
    (i) Upon request by the Administrator, the manufacturer will 
provide an explanation containing detailed information regarding test 
programs, engineering evaluations, design specifications, calibrations, 
on-board computer algorithms, and design strategies incorporated for 
operation both during and outside of the Federal emission test 
procedure.
    (ii) For purposes of investigations of possible cold temperature CO 
defeat devices under this paragraph (d), the manufacturer shall provide 
an explanation which must show, to the satisfaction of the 
Administrator, that CO emissions are reasonably controlled in reference 
to the linear guideline, across the intermediate temperature range.


Sec. 86.1810-01  General standards; increase in emissions; unsafe 
conditions; waivers.

    This section applies to model year 2001 and later light-duty 
vehicles and light-duty trucks fueled by gasoline, diesel, methanol, 
natural gas and liquefied petroleum gas fuels. Multi-fueled vehicles 
(including dual-fueled and flexible-fueled vehicles) shall comply with 
all requirements established for each consumed fuel (or blend of fuels 
in the case of flexible fueled vehicles). The standards of this subpart 
apply to both certification and in-use vehicles unless otherwise 
indicated.
    (a) Any device, system or element of design installed on or 
incorporated in a new motor vehicle to enable such vehicle to conform 
to the standards imposed by this subpart:
    (1) Shall not in its operation or function cause the emission into 
the ambient air of any noxious or toxic substance that would not be 
emitted in the operation of such vehicle without such system, except as 
specifically permitted by regulation; and
    (2) Shall not in its operation, function or malfunction result in 
any unsafe condition endangering the vehicle, its occupants, or persons 
or property in close proximity to the vehicle.
    (b) In establishing the physically adjustable range of each 
adjustable parameter on a new motor vehicle, the manufacturer shall 
ensure that, taking into consideration the production tolerances, safe 
vehicle drive ability characteristics are available within that range, 
as required by section 202(a)(4) of the Clean Air Act.
    (c) Every manufacturer of new motor vehicles subject to any of the 
standards imposed by this subpart shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicles (or motor vehicle engines) in accordance with 
good engineering judgment to ascertain that such test vehicles will 
meet the requirements of this section for the useful life of the 
vehicle.
    (d) Crankcase emissions prohibited. No crankcase emissions shall be 
discharged into the ambient atmosphere from any 2001 and later model 
year light-duty vehicle or light-duty truck.
    (e) On-board diagnostics. All light-duty vehicles and light-duty 
trucks must have an on-board diagnostic system as described in 
Sec. 86.1806-01.
    (f) Altitude requirements. Except for supplemental exhaust emission 
standards (which apply only at low altitude conditions), all emission 
standards apply at low altitude conditions and at high altitude 
conditions.
    (g) The standards set forth in this part refer to test procedures 
set forth in subparts B, C, O and P of this part.
    (h) For methanol-fueled and natural gas-fueled vehicles, 
hydrocarbon standards refer to hydrocarbon equivalents and nonmethane 
hydrocarbon standards refer to nonmethane hydrocarbon equivalents.
    (i) Supplemental FTP general provisions. (1) Implementation 
schedules. A minimum of the percentage of a manufacturer's model year 
sales of light-duty vehicles or light light-duty trucks (considered 
independently) shown in Table S01-1 and heavy light-duty trucks shown 
in Table S01-2 shall not exceed the applicable SFTP standards found in 
paragraph (b) of Secs. 86.1811-01, 1812-01, 1813-01, 1814-02, and 1815-
02 when tested under the applicable procedures in subpart B of this 
part. Tables S01-1 and S01-2 follow:

 Table S01-1.--SFTP Implementation Schedule for Light-Duty Vehicles and
                         Light Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2000......................................................            40
2001......................................................            80
2002......................................................           100
------------------------------------------------------------------------


 Table S01-2.--SFTP Implementation Schedule for Heavy Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2002......................................................            40
2003......................................................            80
2004......................................................           100
------------------------------------------------------------------------

    (2) Optionally, a minimum of the percentage shown in Table S01-1 of 
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the 
applicable SFTP standards. Under this option, the light-duty vehicles 
shall not exceed the applicable SFTP standards in Sec. 86.1811-01(b), 
and the light light-duty trucks shall not exceed the applicable SFTP 
standards in Sec. 86.1812-01(b) or Sec. 86.1813-01(b) as applicable.
    (3) Sales percentages for the purposes of determining compliance 
with the applicable SFTP emission standards shall be based on total 
actual U.S. sales of light-duty vehicles of the applicable model year 
by a manufacturer to a dealer, distributor, fleet operator, broker, or 
any other entity which comprises the point of first sale. If the option 
of paragraph (i)(2) of this section is taken, such sales percentages 
shall be based on the total actual combined U.S. sales of light-duty 
vehicles and light light-duty trucks of the applicable model year by a 
manufacturer to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale.
    (4) The SFTP standards do not apply to vehicles or trucks certified 
on alternative fuels, but the standards do apply to the gasoline and 
diesel fuel operation of flexible fuel vehicles and trucks and dual 
fuel vehicles and trucks.
    (5) The SFTP standards do not apply to vehicles or trucks tested at 
high altitude.
    (6) The air to fuel ratio shall not be richer at any time than the 
leanest air to fuel mixture required to obtain maximum torque (lean 
best torque), plus a tolerance of six percent. The Administrator may 
approve a manufacturer's request for additional enrichment if it can be 
shown that additional enrichment is needed to protect the engine or 
emissions control hardware.
    (7) The requirement to use a single roll dynamometer (or a 
dynamometer which produces equivalent results), discussed in 
Secs. 86.108-00, 86.118-00, and 86.129-00 of subpart B of this part, 
applies to all SFTP and FTP test elements as set forth in subpart B of 
this part for test groups which are designated as SFTP compliant under 
the implementation schedules in Tables

[[Page 23938]]

S01-1 and S01-2 in paragraph (i)(1) of this section.
    (8) Small volume provisions. (i) Light-duty vehicles and light 
light-duty trucks manufactured by small volume manufacturers, as 
described in Sec. 86.1801-01(d), are exempt from the requirements of 
this paragraph until model year 2002, when 100 percent compliance with 
the provisions of this paragraph (i) and the SFTP standards in 
Sec. 86.1811-01(b) and Sec. 86.1812-01(b) is required. This exemption 
does not apply to small volume test groups as defined in Sec. 86.1838-
01(b)(2).
    (ii) Heavy light-duty trucks manufactured by small volume 
manufacturers, as defined in Sec. 86.1801-01, are exempt from the 
requirements of this paragraph (i) until model year 2004 when 100 
percent compliance with the provisions of this paragraph and the SFTP 
standards in Secs. 86.1814-02(b) and 86.1815-02(b) is required. This 
exemption does not apply to small volume test groups as defined in 
Sec. 86.1838-01(b)(2).
    (9) [Reserved]
    (10) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production 
for U.S. sale, which test groups will be used to attain the required 
implementation schedule sales percentages for certification purposes.
    (11) A manufacturer cannot use one set of test groups to meet its 
intermediate useful life standards and another to meet its full useful 
life standards. The same test groups which are used to meet the 
intermediate useful life standards will be required to meet the 
corresponding full useful life standards.
    (12) Compliance with composite standards shall be demonstrated 
using the calculations set forth in Sec. 86.164-00.
    (j) Evaporative emissions general provisions. (1) The evaporative 
standards in Secs. 86.1811-01(d), 86.1812-01(d), 86.1813-01(d), 
86.1814-01(d) and 86.1815-01(d) apply equally to certification and in-
use vehicles and trucks. The spitback standard also applies to newly 
assembled vehicles.
    (2) For certification testing only, manufacturers may conduct 
testing to quantify a level of non-fuel background emissions for an 
individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of non-fuel background emissions may be 
subtracted from evaporative emission test results from certification 
vehicles if approved in advance by the Administrator.
    (3) All fuel vapor generated in a gasoline- or methanol-fueled 
light-duty vehicle or light-duty truck during in-use operation shall be 
routed exclusively to the evaporative control system (e.g., either 
canister or engine purge.) The only exception to this requirement shall 
be for emergencies.
    (k) Refueling emissions general provisions. (1) Implementation 
schedules. (i) Tables S01-3, S01-4, and S01-5 in this paragraph 
(k)(1)(i) give the minimum percentage of a manufacturer's sales of the 
applicable model year's gasoline- and methanol-fueled Otto-cycle and 
petroleum-fueled and methanol-fueled diesel-cycle light-duty vehicles 
and light-duty trucks which shall be tested under the applicable 
procedures in subpart B of this part, and shall not exceed the 
standards described in Secs. 86.1811-01(e), 86.1812-01(e), 86.1813-
01(e), 86.1814-01(e). Vehicles waived from the emission standards under 
the provisions of paragraphs (m) and (n) of this section shall not be 
counted in the calculation of the percentage of compliance. Tables S01-
3, S01-4, and S01-5 follow:

                    Table S01-3--Light-Duty Vehicles
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
1998 a....................................................            40
1999 a....................................................            80
2000 a....................................................          100
------------------------------------------------------------------------
a Note: This subpart prescribes standards for 2001 and later MY
  vehicles. However, the implementation phase-in periods prior to this
  date are included for ease of reference.


                  Table S01-4--Light Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2001......................................................            40
2002......................................................            80
2003......................................................           100
------------------------------------------------------------------------


                  Table S01-5--Heavy Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2004......................................................            40
2005......................................................            80
2006......................................................           100
------------------------------------------------------------------------

    (ii) Either manufacturer sales or actual production intended for 
sale in the United States may be used to determine combined volume, at 
the manufacturers option.
    (2) Sales percentages for the purposes of determining compliance 
with the applicable refueling emission standards shall be based on 
total actual U.S. sales of light-duty vehicles or light-duty trucks of 
the applicable model year by a manufacturer to a dealer, distributor, 
fleet operator, broker, or any other entity which comprises the point 
of first sale.
    (3) Refueling receptacle requirements. Refueling receptacles on 
natural gas-fueled vehicles shall comply with the receptacle provisions 
of the ANSI/AGA NGV1-1994 standard (as incorporated by reference in 
Sec. 86.1(b)(3)). This requirement is subject to the phase-in schedules 
in Tables S01-3 and S01-4 of paragraph (k)(1)(i) of this section.
    (l) Fuel dispensing spitback testing waiver. (1) Vehicles certified 
to the refueling emission standards set forth in Secs. 86.1811-01(e), 
86.1812-01(e) and 86.1813-01(e) are not required to demonstrate 
compliance with the fuel dispensing spitback standard contained in that 
section provided that:
    (i) The manufacturer certifies that the vehicle inherently meets 
the fuel dispensing spitback standard as part of compliance with the 
refueling emission standard; and
    (ii) This certification is provided in writing and applies to the 
full useful life of the vehicle.
    (2) EPA retains the authority to require testing to enforce 
compliance and to prevent noncompliance with the fuel dispensing 
spitback standard.
    (m) Inherently low refueling emission testing waiver. (1) Vehicles 
using fuels/fuel systems inherently low in refueling emissions are not 
required to conduct testing to demonstrate compliance with the 
refueling emission standards set forth in Secs. 86.1811-01(e), 86.1812-
01(e) and 86.1813-01(e) provided that:
    (i) This provision is only available for petroleum diesel fuel. It 
is only available if the Reid Vapor Pressure of in-use diesel fuel is 
equal to or less than 1 psi (7 kPa) and for diesel vehicles whose fuel 
tank temperatures do not exceed 130 deg.F (54 deg. C); and
    (ii) To certify using this provision the manufacturer must attest 
to the following evaluation: ``Due to the low vapor pressure of diesel 
fuel and the vehicle tank temperatures, hydrocarbon vapor 
concentrations are low and the vehicle meets the 0.20 grams/gallon 
refueling emission standard without a control system.''
    (2) The certification required in paragraph (m)(1)(ii) of this 
section must be provided in writing and must apply for the full useful 
life of the vehicle.
    (3) EPA reserves the authority to require testing to enforce 
compliance and to prevent noncompliance with the refueling emission 
standard.
    (n) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled 
vehicles which contain fixed liquid level gauges or other gauges or 
valves which can be

[[Page 23939]]

opened to release fuel or fuel vapor during refueling, and which are 
being tested for refueling emissions, are not required to be tested 
with such gauges or valves open, as outlined in Sec. 86.157-98(d)(2), 
provided the manufacturer can demonstrate, to the satisfaction of the 
Administrator, that such gauges or valves would not be opened during 
refueling in-use due to inaccessibility or other design features that 
would prevent or make it very unlikely that such gauges or valves could 
be opened.


Sec. 86.1811-01  Emission standards for light-duty vehicles.

    This section applies to 2001 and later model year light-duty 
vehicles fueled by gasoline, diesel, methanol, natural gas and 
liquefied petroleum gas fuels except as noted. Multi-fueled vehicles 
shall comply with all requirements established for each consumed fuel. 
For methanol fueled vehicles, references in this section to total 
hydrocarbons shall mean total hydrocarbon equivalents and references to 
non-methane hydrocarbons shall mean non-methane hydrocarbon 
equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) Total hydrocarbons: 0.41 grams per mile, except natural gas, 
which has no standard.
    (ii) Non-methane hydrocarbons: 0.25 grams per mile.
    (iii) Carbon monoxide: 3.4 grams per mile.
    (iv) Oxides of nitrogen: 0.4 grams per mile except diesel fuel 
which has a 1.0 gram per mile standard.
    (v) Particulate matter: 0.08 grams per mile.
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.31 grams per mile.
    (iii) Carbon monoxide: 4.2 grams per mile.
    (iv) Oxides of nitrogen: 0.6 grams per mile except diesel fuel 
which has a 1.25 gram per mile standard.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emission standards. (1) Supplemental 
exhaust emissions from gasoline-fueled and diesel-fueled light-duty 
vehicles shall not exceed the following standards at intermediate 
useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.65 
grams per mile except diesel fuel which has a 1.48 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.0 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 9.0 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 3.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled and diesel-
fueled light-duty vehicles shall not exceed the following standards at 
full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.91 
grams per mile except diesel-fueled which have a 2.07 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.7 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.1 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.2 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty vehicles shall not exceed the cold 
temperature CO standard of 10.0 grams carbon monoxide per mile for an 
intermediate useful life of 50,000 miles.
    (d) Evaporative emission standards. Evaporative emissions from 
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, 
and methanol-fueled light-duty vehicles shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons.
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol-fueled only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol-fueled only. For the running loss test: 
0.05 grams per mile.
    (iv) Gasoline and methanol-fueled only. For the fuel dispensing 
spitback test: 1.0 gram hydrocarbon (carbon for methanol-fueled) per 
test.
    (2) [Reserved]
    (e) Refueling emissions. Refueling emissions from 2001 and later 
model year light-duty vehicles shall not exceed the following 
standards:
    (1) For gasoline-fueled, diesel fueled, and methanol-fueled 
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of 
fuel dispensed.
    (2) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles shall not exceed 
the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.


Sec. 86.1812-01  Emission standards for light-duty trucks 1.

    This section applies to 2001 and later model year light-duty truck 
1's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.25 grams per mile.
    (iii) Carbon monoxide: 3.4 grams per mile.
    (iv) Oxides of nitrogen: 0.4 grams per mile except diesel fuel 
which have a 1.0 gram per mile standard.
    (v) Particulate matter: 0.08 grams per mile.
    (2) Exhaust emissions from 2001 and later model year light-duty 
truck 1's shall not exceed the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile, except natural gas, 
which has no standard. For purposes of this section, the full useful 
life total hydrocarbon standard is for 11 years or 120,000 miles 
whichever occurs first.
    (ii) Non-methane hydrocarbons: 0.31 grams per mile.
    (iii) Carbon monoxide: 4.2 grams per mile.
    (iv) Oxides of nitrogen: 0.6 grams per mile except diesel fuel 
which have a 1.25 gram per mile standard.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emission standards. (1) Supplemental 
exhaust emissions from gasoline-fueled and

[[Page 23940]]

diesel-fueled light-duty truck 1's shall not exceed the following 
standards at intermediate useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.65 
grams per mile except diesel fuel which have a 1.48 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.0 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 9.0 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 3.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled and diesel-
fueled light-duty vehicles shall not exceed the following standards at 
full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.91 
grams per mile except diesel fuel which have a 2.07 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.7 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.1 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.2 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 1's with a loaded vehicle weight of 
3,750 lbs or less shall not exceed the cold temperature CO standard of 
10.0 grams carbon monoxide per mile for an intermediate useful life of 
50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 1's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons.
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) [Reserved]
    (e) Refueling emissions. Refueling emissions from light-duty truck 
1's shall be phased in, in accordance with the schedule in table S01-4 
of Sec. 86.1810-01 not to exceed the following emission standards:
    (1) For gasoline-fueled, diesel-fueled and methanol-fueled 
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of 
fuel dispensed.
    (2) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty trucks shall not exceed the 
following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from gasoline, methanol, natural gas-and liquefied petroleum 
gas-fueled light-duty trucks shall not exceed 0.50 percent of exhaust 
gas flow at curb idle for a useful life of 11 years or 120,000 miles, 
whichever first occurs.


Sec. 86.1813-01  Emission standards for light-duty trucks 2.

    This section applies to 2001 and later model year light-duty truck 
2's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emissions. (1) Exhaust emissions shall not exceed the 
following standards at intermediate useful life:
    (i) [Reserved].
    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) Particulate matter: 0.08 grams per mile.
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile, except natural gas, 
which has no standard. For purposes of this section, the full useful 
life total hydrocarbon standard is for 11 years or 120,000 miles 
whichever occurs first.
    (ii) Non-methane hydrocarbons: 0.40 grams per mile.
    (iii) Carbon monoxide: 5.5 grams per mile.
    (iv) Oxides of nitrogen: 0.97 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions from gasoline-fueled light-duty truck 2's shall not exceed 
the following standards at intermediate useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 1.02 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled light-duty 
truck 2's shall not exceed the following standards at full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 1.37 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 4.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 14.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 5.5 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 2's during cold temperature testing 
shall not exceed a cold temperature CO standard of 12.5 grams per mile 
for an intermediate useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 2's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons (Total Hydrocarbon Equivalent for methanol-
fueled).

[[Page 23941]]

    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) [Reserved]
    (e) Refueling emissions. Refueling emissions from light-duty truck 
2's shall be phased in, in accordance with the schedule in table S01-4 
of Sec. 86.1810-01 not to exceed the following emission standards:
    (1) For gasoline-fueled, diesel-fueled and methanol-fueled 
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of 
fuel dispensed.
    (2) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from 2001 and later model year gasoline, 
methanol, natural gas- and liquefied petroleum gas-fueled light-duty 
trucks shall not exceed 0.50 percent of exhaust gas flow at curb idle 
for a useful life of 11 years or 120,000 miles, whichever first occurs.


Sec. 86.1814-01  Emission standards for light-duty trucks 3.

    This section applies to 2001 and later model year light-duty truck 
3's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions from 2001 and later model year light-duty 
truck 3's shall not exceed the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas 
fueled vehicles which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.46 grams per mile.
    (iii) Carbon monoxide: 6.4 grams per mile.
    (iv) Oxides of nitrogen: 0.98 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) [Reserved]
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 3's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 3's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from 2001 and later model year gasoline, methanol, natural 
gas-and liquefied petroleum gas-fueled light-duty trucks shall not 
exceed 0.50 percent of exhaust gas flow at curb idle for a useful life 
of 11 years or 120,000 miles, whichever first occurs.


Sec. 86.1814-02  Emission standards for light-duty trucks 3.

    This section applies to 2002 and later model year light-duty truck 
3's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions from 2001 and later model year light-duty 
truck 3's shall not exceed the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas 
fueled vehicles which have no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.46 grams per mile.
    (iii) Carbon monoxide: 6.4 grams per mile.
    (iv) Oxides of nitrogen: 0.98 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions for 2002 and later model year gasoline-fueled light-duty 
truck 3's shall not

[[Page 23942]]

exceed the following standards at intermediate useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.02 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
    (2) Supplemental exhaust emissions from 2002 and later model year 
gasoline-fueled light-duty truck 3's shall not exceed the following 
standards at full useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.44 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 5.6 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 16.9 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 6.4 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 3's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 3's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from 2001 and later model year gasoline, methanol, natural 
gas- and liquefied petroleum gas-fueled light-duty trucks shall not 
exceed 0.50 percent of exhaust gas flow at curb idle for a useful life 
of 11 years or 120,000 miles, whichever first occurs.


Sec. 86.1814-04  Emission standards for light-duty trucks 3.

    This section applies to 2004 and later model year light-duty truck 
3's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions from light-duty truck 3's shall not exceed 
the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas 
fueled vehicles which have no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.46 grams per mile.
    (iii) Carbon monoxide: 6.4 grams per mile.
    (iv) Oxides of nitrogen: 0.98 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions from gasoline-fueled light-duty truck 3's shall not exceed 
the following standards at intermediate useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.02 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled light-duty 
truck 3's shall not exceed the following standards at full useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.44 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 5.6 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 16.9 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 6.4 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 3's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 3's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.

[[Page 23943]]

    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (e) Refueling emissions. (1) Refueling emissions from light-duty 
truck 3's shall be phased in, in accordance with the schedule in table 
S01-5 of Sec. 86.1810-01 not to exceed the following emission 
standards:
    (i) For gasoline-fueled, diesel-fueled and methanol-fueled 
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of 
fuel dispensed.
    (ii) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from gasoline, methanol, natural gas- and liquefied petroleum 
gas-fueled light-duty trucks shall not exceed 0.50 percent of exhaust 
gas flow at curb idle for a useful life of 11 years or 120,000 miles, 
whichever first occurs.


Sec. 86.1815-01  Emission standards for light-duty trucks 4.

    This section applies to 2001 and later model year light-duty truck 
4's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions from light-
duty truck 4's shall not exceed the following standards at intermediate 
useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.39 grams per mile.
    (iii) Carbon monoxide: 5.0 grams per mile.
    (iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel 
which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.56 grams per mile.
    (iii) Carbon monoxide: 7.3 grams per mile.
    (iv) Oxides of nitrogen: 1.53 grams per mile.
    (v) Particulate matter: 0.12 grams per mile.
    (b) [Reserved]
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 4's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 4's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from gasoline, methanol, natural gas- and 
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50 
percent of exhaust gas flow at curb idle for a useful life of 11 years 
or 120,000 miles, whichever occurs first.


Sec. 86.1815-02  Emission standards for light-duty trucks 4.

    This section applies to 2002 and later model year light-duty truck 
4's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions from light-
duty truck 4's shall not exceed the following standards at intermediate 
useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.39 grams per mile.
    (iii) Carbon monoxide: 5.0 grams per mile.
    (iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:

[[Page 23944]]

    (i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel 
which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.56 grams per mile.
    (iii) Carbon monoxide: 7.3 grams per mile.
    (iv) Oxides of nitrogen: 1.53 grams per mile.
    (v) Particulate matter: 0.12 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions from gasoline-fueled light-duty truck 4's shall not exceed 
the following standards at intermediate useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.49 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 4.4 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 13.2 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 5.0 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled light-duty 
truck 4's shall not exceed the following standards at full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 2.09 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 6.4 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 19.3 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 7.3 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 4's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 4's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from gasoline, methanol, natural gas- and 
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50 
percent of exhaust gas flow at curb idle for a useful life of 11 years 
or 120,000 miles, whichever occurs first.


Sec. 86.1815-04  Emission standards for light-duty trucks 4.

    This section applies to 2004 and later model year light-duty truck 
4's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions light-duty 
truck 4's shall not exceed the following standards at intermediate 
useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.39 grams per mile.
    (iii) Carbon monoxide: 5.0 grams per mile.
    (iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel 
which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.56 grams per mile.
    (iii) Carbon monoxide: 7.3 grams per mile.
    (iv) Oxides of nitrogen: 1.53 grams per mile.
    (v) Particulate matter: 0.12 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions from light-duty truck 4's shall not exceed the following 
standards at intermediate useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.49 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 4.4 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 13.2 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 5.0 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled light-duty 
truck 4's shall not exceed the following standards at full useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 2.09 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 6.4 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 19.3 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 7.3 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 4's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.

[[Page 23945]]

    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 4's shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles. The spitback standard also applies to newly assembled 
vehicles.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams 
per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 
grams per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback 
test: 1.0 grams per test.
    (e) Refueling emissions. (1) Refueling emissions from light-duty 
truck 4's shall be phased in, in accordance with the schedule in table 
S01-5 of Sec. 1810-01 not to exceed the following emission standards:
    (i) For gasoline-fueled, diesel-fueled and methanol-fueled 
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of 
fuel dispensed.
    (ii) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from gasoline, methanol, natural gas- and 
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50 
percent of exhaust gas flow at curb idle for a useful life of 11 years 
or 120,000 miles, whichever occurs first.


Secs. 86.1816 through 86.1819  [Reserved].


Sec. 86.1820-01  Durability group determination.

    This section applies to the grouping of vehicles into durability 
groups. Manufacturers shall divide their product line into durability 
groups based on the following criteria:
    (a) The vehicles covered by a certification application shall be 
divided into groups of vehicles which are expected to have similar 
emission deterioration and emission component durability 
characteristics throughout their useful life. Manufacturers shall use 
good engineering judgment in dividing their vehicles into durability 
groups. Such groups of vehicles are defined as durability groups.
    (b) To be included in the same durability group, vehicles must be 
identical in all the respects listed in paragraphs (b) (1) through (7) 
of this section:
    (1) Combustion cycle (e.g., two stroke, four stroke, Otto cycle, 
diesel cycle).
    (2) Engine type (e.g., piston, rotary, turbine, air cooled versus 
water cooled).
    (3) Fuel used (e.g., gasoline, diesel, methanol, ethanol, CNG, LPG, 
flexible fuels).
    (4) Basic fuel metering system (e.g., throttle body injection, port 
injection (including central port injection), carburetor, CNG mixer 
unit).
    (5) Catalyst construction (for example, beads or monolith).
    (6) Precious metal composition of the catalyst by the type of 
principal active material(s) used (e.g., platinum based oxidation 
catalyst, palladium based oxidation catalyst, platinum and rhodium 
three-way catalyst, palladium and rhodium three way catalyst, platinum 
and palladium and rhodium three way catalyst).
    (7) The manufacturer must choose one of the following two criteria:
    (i) Grouping statistic:
    (A) Vehicles are grouped based upon the value of the grouping 
statistic determined using the following equation:

GS = [(Cat Vol)/(Disp)]  x  Loading Rate

Where:

GS = Grouping Statistic used to evaluate the range of precious metal 
loading rates and relative sizing of the catalysts compared to the 
engine displacement that are allowable within a durability group. The 
grouping statistic shall be rounded to a tenth of a gram/liter, in 
accordance with the Rounding-Off Method specified in ASTM E29-93a, 
Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications (incorporated by reference, 
see Sec. 86.1).
Cat Vol = Total volume of the catalyst(s) in liters.
Disp = Displacement of the engine in liters.
Loading rate = The mass of total precious metal(s) in the catalyst (or 
the total mass of all precious metal(s) of all the catalysts if the 
vehicle is equipped with multiple catalysts) in grams divided by the 
total volume of the catalyst(s) in liters.

    (B) Engine-emission control system combinations which have a 
grouping statistic which is either less than 25 percent of the largest 
grouping statistic value, or less than 0.2 g/liter (whichever allows 
the greater coverage of the durability group) shall be grouped into the 
same durability group.
    (ii) The manufacturer may elect to use another procedure which 
results in at least as many durability groups as required using 
criteria in paragraph (b)(7)(i) of this section providing that only 
vehicles with similar emission deterioration or durability are combined 
into a single durability group.
    (c) Where vehicles are of a type which cannot be divided into 
durability groups based on the criteria listed above (such as non-
catalyst control system approaches), the Administrator will establish 
durability groups for those vehicles based upon the features most 
related to their exhaust emission deterioration characteristics.
    (d) Manufacturers may further divide groups determined under 
paragraph (b) of this section provided the Administrator is notified of 
any such changes prior to or concurrently with the submission of the 
application for certification (preferably at an annual preview meeting 
scheduled before the manufacturer begins certification activities for 
the model year).
    (e) Manufacturers may request the Administrator's approval to 
combine vehicles into a single durability group which would normally 
not be eligible to be in a single durability group. The petition should 
provide:
    (1) Substantial evidence that all the vehicles in the larger 
grouping will have the same degree of emission deterioration;
    (2) Evidence of equivalent component durability over the vehicle's 
useful life; and

[[Page 23946]]

    (3) Evidence that the groups will result in sufficient In-Use 
Verification Program data, appropriate tracking in use, and clear 
liability for the Agency's recall program.


Sec. 86.1821-01  Evaporative/refueling family determination.

    (a) The gasoline-, methanol-, liquefied petroleum gas-, and natural 
gas-fueled light-duty vehicles and light-duty trucks described in a 
certification application will be divided into groupings which are 
expected to have similar evaporative and/or refueling emission 
characteristics (as applicable) throughout their useful life. Each 
group of vehicles with similar evaporative and/or refueling emission 
characteristics shall be defined as a separate evaporative/refueling 
family. Manufacturers shall use good engineering judgment to determine 
evaporative/refueling families.
    (b) For gasoline-fueled or methanol-fueled light-duty vehicles and 
light-duty trucks to be classed in the same evaporative/refueling 
family, vehicles must be similar with respect to the items listed in 
paragraphs (b) (1) through (9) of this section.
    (1) Type of vapor storage device (e.g., canister, air cleaner, 
crankcase).
    (2) Basic canister design.
    (i) Working capacity--grams adsorption within a 10 g. range.
    (ii) System configuration--number of canisters and method of 
connection (i.e., series, parallel).
    (iii) Canister geometry, construction and materials.
    (3) Fuel system.
    (4) Type of refueling emission control system--non-integrated or 
integrated with the evaporative control system. Further, if the system 
is non-integrated, whether or not any other evaporative emissions, e.g. 
diurnal or hot soak emissions, are captured in the same storage device 
as the refueling emissions.
    (5) Fillpipe seal mechanism--mechanical, liquid trap, other.
    (6) Vapor control system or method of controlling vapor flow 
through the vapor line to the canister (for example, type of valve, 
vapor control strategy).
    (7) Purge control system (for example, type of valve, purge control 
strategy).
    (8) Vapor hose material.
    (9) Fuel tank material.
    (c) Where vehicles are of a type which cannot be divided into 
evaporative/refueling families based on the criteria listed above (such 
as non-canister control system approaches), the Administrator will 
establish families for those vehicles based upon the features most 
related to their evaporative and/or refueling emission characteristics.
    (d) Manufacturers may further divide families determined under 
paragraph (b) of this section provided the Administrator is notified of 
any such changes prior to or concurrently with the submission of the 
application for certification (preferably at an annual preview meeting 
scheduled before the manufacturer begins certification activities for 
the model year).
    (e) Manufacturers may petition the Administrator to combine 
vehicles into a single evaporative/refueling family which would 
normally not be eligible to be in a single evaporative/refueling 
family. The petition should provide:
    (1) Substantial evidence that all the vehicles in the larger 
grouping will have the same degree of evaporative emission 
deterioration;
    (2) Evidence of equivalent component durability over the vehicle's 
useful life; and
    (3) Evidence that the groups will result in sufficient In-Use 
Verification Program data, appropriate tracking in use, and clear 
liability for the Agency's recall program.


Sec. 86.1822-01  Durability data vehicle selection.

    (a) Within each durability group, the vehicle configuration which 
is expected to generate the highest level of exhaust emission 
deterioration on candidate vehicles in use, considering all 
constituents, shall be selected as the durability data vehicle 
configuration. The manufacturer will use good engineering judgment in 
making this selection.
    (b) The manufacturer may select, using good engineering judgment, 
an equivalent or worst-case configuration in lieu of testing the 
vehicle selected in paragraph (a) of this section. Carryover data 
satisfying the provisions of Sec. 86.1839-01 may also be used in lieu 
of testing the configuration selected in paragraph (a) of this section.


Sec. 86.1823-01  Durability demonstration procedures for exhaust 
emissions.

    This section applies to light-duty vehicles, light-duty trucks, and 
heavy-duty vehicles certified under the provisions of Sec. 86.1801-
01(c)(1). Eligible small volume manufacturers or small volume test 
groups may optionally meet the requirements of Secs. 86.1838-01 and 
86.1826-01 in lieu of the requirements of this section. For model years 
2001, 2002, and 2003 all manufacturers may elect to meet the provisions 
of paragraph (c)(2) of this section in lieu of these requirements.
    (a) The manufacturer shall propose a durability program consisting 
of the elements discussed in paragraphs (a)(1) through (a)(3) of this 
section for advance approval by the Administrator. The durability 
process shall be designed to effectively predict the expected 
deterioration of candidate in-use vehicles over their full and 
intermediate useful life and shall be consistent with good engineering 
judgment. The Administrator will approve the program if he/she 
determines that it is reasonably expected to meet these design 
requirements.
    (1) Service accumulation method. (i) Each durability program shall 
include a service accumulation method designed to effectively predict 
the deterioration of emissions in actual use over the full and 
intermediate useful life of candidate in-use vehicles.
    (ii) Manufacturers may propose service accumulation methods based 
upon whole-vehicle full-mileage accumulation, whole vehicle accelerated 
mileage accumulation (e.g., where 40,000 miles on a severe mileage 
accumulation cycle is equivalent to 100,000 miles of normal in-use 
driving), bench aging of individual components or systems, or other 
approaches approved by the Administrator.
    (A) For whole vehicle mileage accumulation programs, all emission 
control components and systems (including both hardware and software) 
must be installed and operating for the entire mileage accumulation 
period.
    (B) Bench procedures shall simulate the aging of components or 
systems over the applicable useful life and shall simulate driving 
patterns and vehicle operational environments found in actual use. For 
this purpose, manufacturers may remove the emission-related components 
(and other components), in whole or in part, from the durability 
vehicle itself and deteriorate them independently. Vehicle testing for 
the purpose of determining deterioration factors may include the 
testing of durability vehicles that incorporate such bench-aged 
components.
    (2) Vehicle/component selection method. The manufacturer shall 
propose a vehicle/component selection method for advance approval by 
the Administrator. The procedure for selecting durability data vehicles 
and components shall meet the requirements of Sec. 86.1822-01.
    (3) Use of deterioration program to determine compliance with the 
standard. The manufacturer shall propose procedures for the 
determination of compliance with the standards for advance approval by 
the Administrator. The calculation of deterioration factors and/or the 
determination of vehicle compliance

[[Page 23947]]

shall be according to the procedures approved in advance by the 
Administrator. The Administrator will allow two methods for using the 
results of the deterioration program to determine compliance with the 
standards. Either a deterioration factor (DF) is calculated and applied 
to the emission data vehicle (EDV) emission results or aged components 
are installed on the EDV prior to emission testing. Other methods may 
be approved by the Administrator if they result in an effective 
prediction of intermediate and full useful life emission levels on 
candidate in-use vehicles.
    (i) Use of Deterioration factors. (A) Deterioration factors are 
calculated using all FTP emission test data generated during the 
durability testing program except as noted:
    (1) Multiple tests at a given mileage point are averaged together 
unless the same number of tests are conducted at each mileage point.
    (2) Before and after maintenance test results are averaged 
together.
    (3) Zero-mile test results are excluded from the calculation.
    (4) When calculating intermediate and full useful life 
deterioration factors all data points should be included in the 
calculations, except that total hydrocarbon (THC) test points beyond 
the 50,000-mile (useful life) test point shall not be included in the 
calculations.
    (5) A procedure may be employed to identify and remove from the DF 
calculation those test results determined to be statistical outliers 
providing that the outlier procedure is consistently applied to all 
vehicles and data points and is approved in advance by the 
Administrator.
    (B) The deterioration factor shall be based on a linear regression, 
or an other regression technique approved in advance by the 
Administrator. The deterioration may be a multiplicative or additive 
factor. Separate factors will be calculated for each regulated emission 
constituent and for the full and intermediate useful life periods as 
applicable. Separate DF's are calculated for each durability group 
except as provided in paragraph (c) of this section.
    (1) A multiplicative DF will be calculated by taking the ratio of 
the full or intermediate useful life mileage level, as appropriate 
(rounded to four decimal places), divided by the stabilized mileage 
(reference Sec. 86.1831-01(c), e.g., 4000-mile) level (rounded to four 
decimal places) from the regression analysis; the result shall be 
rounded to three-decimal places of accuracy. The rounding required in 
this paragraph shall be conducted in accordance with the Rounding-Off 
Method specified in ASTM E29-93a, Standard Practice for Using 
Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference, see Sec. 86.1). Calculated 
DF values of less than one shall be changed to one for the purposes of 
this paragraph.
    (2) An additive DF will be calculated to be the difference between 
the full or intermediate useful life mileage level (as appropriate) 
minus the stabilized mileage (reference Sec. 86.1831-01(c), e.g. 4000-
mile) level from the regression analysis. The full useful life 
regressed emission value, the stabilized mileage regressed emission 
value, and the DF result shall be rounded to the same precision and 
using the same procedures as the raw emission results according to the 
provisions of Sec. 86.1837-01. Calculated DF values of less than zero 
shall be changed to zero for the purposes of this paragraph.
    (C) The DF calculated by these procedures will be used for 
determining compliance with FTP exhaust emission standards, SFTP 
exhaust emission standards, and cold CO emission standards. At the 
manufacturer's option and using procedures approved by the 
Administrator, a separate DF may be calculated exclusively using cold 
CO test data to determine compliance with cold CO emission standards. 
Also at the manufacturer's option and using procedures approved by the 
Administrator, a separate DF may be calculated exclusively using US06 
and/or air conditioning (SC03) test data to determine compliance with 
the SFTP emission standards.
    (ii) Installation of aged components on emission data vehicles. For 
full and intermediate useful life compliance determination, the 
manufacturer may elect to install aged components on an EDV rather than 
applying a deterioration factor. Different sets of components may be 
aged for full and intermediate useful life periods. The list of 
components to be installed, the techniques used to select physical 
parts to be aged, and the aging techniques employed to age the 
components must be approved in advance by the Administrator.
    (b) In addition to the provisions of paragraph (a) of this section, 
manufacturers shall submit the following information when applying for 
the Administrator's approval of a durability program:
    (1) Analysis and/or data demonstrating the adequacy of the 
manufacturer's durability processes to effectively predict emission 
compliance for candidate in-use vehicles. All regulated emission 
constituents and all test procedures shall be considered in this 
analysis. This data and discussion shall cover the breadth of the 
manufacturer's product line that will be covered by this durability 
procedure.
    (2) Discussion of the manufacturer's in-use verification procedures 
including testing performed, vehicle procurement procedures used, and 
vehicles rejection criteria used. Any questionnaires used or 
inspections performed should also be documented in the manufacturer's 
submission. The in-use verification program shall meet the requirements 
of Secs. 86.1845-01, 86.1846-01 and 86.1847-01.
    (c) Carryover and carryacross. (1) Manufacturers may carry over or 
carry across mileage accumulation data, aged hardware, or deterioration 
factors according to the provisions of Sec. 86.1839-01 using good 
engineering judgment.
    (2) For the 2001, 2002, and 2003 model years, the manufacturer may 
carry over exhaust emission DF's previously generated under the 
Standard AMA Durability Program described in Sec. 86.094-13(c), the 
Alternate Service Accumulation Durability Program described in 
Sec. 86.094-13(e) or the Standard Self-Approval Durability Program for 
light-duty trucks described in Sec. 86.094-13(f) in lieu of complying 
with the durability provisions of paragraph (a)(1) of this section.
    (i) This provision is limited to the use of existing data used for 
a 2000 model year or earlier certification. All new exhaust durability 
data must be generated according to the provisions of paragraph (a)(1) 
of this section.
    (ii) The manufacturer shall exercise good engineering judgment when 
determining the eligibility to use carryover exhaust emission DF's and 
the selection of the vehicle used as the source of carryover.
    (iii) Starting with the 2004 model year, manufacturers must meet 
the provisions of paragraphs (a) and (b) of this section.
    (d) Data reporting requirements. Data reporting requirements are 
contained in Sec. 86.1844-01.
    (e) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the full useful life of the 
vehicles in actual use.
    (f) In-use verification. The durability program must meet the 
requirements of Sec. 86.1845-01.
    (g) The manufacturer shall apply the approved durability process to 
a

[[Page 23948]]

durability group, including durability groups in future model years, if 
the durability process will effectively predict (or alternatively, 
overstate) the deterioration of emissions in actual use over the full 
and intermediate useful life of candidate in-use vehicles. The 
manufacturer shall use good engineering judgment in determining the 
applicability of the durability program to a durability group.
    (1) The manufacturer may make modifications to an approved 
durability process using good engineering judgment for the purpose of 
ensuring that the modified process will effectively predict, (or 
alternatively, overstate) the deterioration of emissions in actual use 
over the full and intermediate useful life of candidate in-use 
vehicles.
    (2) The manufacturer shall notify the Administrator of its 
determination to use an approved (or modified) durability program on 
particular test groups and durability groups prior to emission data 
vehicle testing for the affected test groups (preferably at an annual 
preview meeting scheduled before the manufacturer begins certification 
activities for the model year).
    (3) Prior to certification, the Administrator may reject the 
manufacturer's determination in paragraph (g) of this section if it is 
not made using good engineering judgment or it fails to properly 
consider data collected under the provisions of Secs. 86.1845-01, 
86.1846-01, and 86.1847-01 or other information if the Administrator 
determines that the durability process has not been shown to 
effectively predict emission levels or compliance with the standards in 
use on candidate vehicles for particular test groups which the 
manufacturers plan to cover with the durability process.
    (h) The Administrator may withdraw approval to use a durability 
process or require modifications to a durability process based on the 
data collected under Secs. 86.1845-01, 86.1846-01, and 86.1847-01 or 
other information if the Administrator determines that the durability 
processes have not been shown to accurately predict emission levels or 
compliance with the standards in use on candidate vehicles (provided 
the inaccuracy could result in a lack of compliance with the standards 
for a test group covered by this durability process). Such withdrawals 
shall apply to future applications for certification and to the portion 
of the manufacturer's product line (or the entire product line) that 
the Administrator determines to be affected. Prior to such a withdrawal 
the Administrator shall give the manufacturer a preliminary notice at 
least 60 days prior to the final decision. During this period, the 
manufacturer may submit technical discussion, statistical analyses, 
additional data, or other information which is relevant to the 
decision. The Administrator will consider all information submitted by 
the deadline before reaching a final decision.
    (i) Any manufacturer may request a hearing on the Administrator's 
withdrawal of approval in paragraph (h) of this section. The request 
shall be in writing and shall include a statement specifying the 
manufacturer's objections to the Administrator's determinations, and 
data in support of such objection. If, after review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, she/he shall provide the manufacturer a 
hearing in accordance with Sec. 86.1853-01 with respect to such issue.


Sec. 86.1824-01  Durability demonstration procedures for evaporative 
emissions.

    This section applies to gasoline-, methanol-, liquefied petroleum 
gas-, and natural gas-fueled light-duty vehicles and light-duty trucks. 
The manufacturer shall determine a durability process that will predict 
the expected evaporative emission deterioration of candidate in-use 
vehicles over their full useful life. The manufacturer shall use good 
engineering judgment in determining this process.
    (a) Service accumulation method. (1) The manufacturer shall develop 
a service accumulation method designed to effectively predict the 
deterioration of candidate in-use vehicles' evaporative emissions in 
actual use over its full useful life. The manufacturer shall use good 
engineering judgement in developing this method.
    (2) The manufacturers may develop a service accumulation methods 
based upon whole-vehicle full-mileage accumulation, whole vehicle 
accelerated mileage accumulation (e.g., where 40,000 miles on a severe 
mileage accumulation cycle is equivalent to 100,000 miles of normal in-
use driving), bench aging of individual components or systems, or other 
approaches approved by the Administrator.
    (i) For whole vehicle mileage accumulation programs, all emission 
control components and systems (including both hardware and software) 
must be installed and operating for the entire mileage accumulation 
period.
    (ii) Bench procedures shall simulate the aging of components or 
systems over the applicable useful life and shall simulate driving 
patterns and vehicle operational environments found in actual use. For 
this purpose, manufacturers may remove the emission-related components 
(and other components), in whole or in part, from the durability 
vehicle itself and deteriorate them independently. Vehicle testing for 
the purpose of determining deterioration factors may include the 
testing of durability vehicles that incorporate such bench-aged 
components.
    (b) Vehicle/component selection method. The manufacturer shall 
determine a vehicle and component selection procedure which results in 
representative test vehicles and reflects good engineering judgment.
    (c) The manufacturer shall calculate a deterioration factor which 
is applied to the evaporative emission results of the emission data 
vehicles. The deterioration factor shall be based on a linear 
regression, or an other regression technique approved in advance by the 
Administrator. The DF will be calculated to be the difference between 
the full life mileage evaporative level minus the stabilized mileage 
(e.g., 4000-mile) evaporative level from the regression analysis. The 
DF and the full and stabilized mileage emission levels shall be rounded 
to two decimal places of accuracy in accordance with the Rounding-Off 
Method specified in ASTM E29-93a, Standard Practice for Using 
Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference, see Sec. 86.1(b)(1). 
Calculated DF values of less than zero shall be changed to zero for the 
purposes of this paragraph.
    (d) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the full useful life of the 
vehicles in actual use.
    (e) In-use verification. The durability program must meet the 
requirements of Sec. 86.1845-01.
    (f) Information obtained under Secs. 86.1845-01, 86.1846-01, 
86.1847-01 or from other sources shall be used by the manufacturer in 
developing new durability processes and/or updating existing durability 
processes using good engineering judgment.


Sec. 86.1825-01  Durability demonstration procedures for refueling 
emissions.

    This section applies to light-duty vehicles, light-duty trucks, and 
heavy-duty vehicles which are certified under light-duty rules as 
allowed under the provisions of Sec. 86.1801-01(c)(1) which are subject 
to refueling loss emission compliance. Refer to the provisions of

[[Page 23949]]

Sec. Sec. 86.1811, 86.1812, 86.1813, 86.1814, and 86.1815 to determine 
applicability of the refueling standards to different classes of 
vehicles for various model years. Diesel fuel vehicles may qualify for 
an exemption to the requirements of this section under the provisions 
of Sec. 86.1810. The manufacturer shall determine a durability process 
that will predict the expected refueling emission deterioration of 
candidate in-use vehicles over their full useful life. The manufacturer 
shall use good engineering judgment in determining this process.
    (a) Service accumulation method. (1) The manufacturer shall develop 
a service accumulation method designed to effectively predict the 
deterioration of candidate in-use vehicles' refueling loss emissions in 
actual use over its full useful life. The manufacturer shall use good 
engineering judgement in developing this method.
    (2) The manufacturers may develop a service accumulation methods 
based upon whole-vehicle full-mileage accumulation, whole vehicle 
accelerated mileage accumulation (e.g., where 40,000 miles on a severe 
mileage accumulation cycle is equivalent to 100,000 miles of normal in-
use driving), bench aging of individual components or systems, or other 
approaches approved by the Administrator.
    (i) For whole vehicle mileage accumulation programs, all emission 
control components and systems (including both hardware and software) 
must be installed and operating for the entire mileage accumulation 
period.
    (ii) Bench procedures shall simulate the aging of components or 
systems over the applicable useful life and shall simulate driving 
patterns and vehicle operational environments found in actual use. For 
this purpose, manufacturers may remove the emission-related components 
(and other components), in whole or in part, from the durability 
vehicle itself and deteriorate them independently. Vehicle testing for 
the purpose of determining deterioration factors may include the 
testing of durability vehicles that incorporate such bench-aged 
components.
    (b) Vehicle/component selection method. The manufacturer shall 
determine a vehicle and component selection procedure which results in 
representative test vehicles and reflects good engineering judgment.
    (c) The manufacturer shall calculate a deterioration factor which 
is applied to the refueling emission results of the emission data 
vehicles. The deterioration factor shall be based on a linear 
regression, or an other regression technique approved in advance by the 
Administrator. The DF will be calculated to be the difference between 
the full life mileage refueling loss emission level minus the 
stabilized mileage (e.g., 4000-mile) refueling loss emission level from 
the regression analysis. The DF and the full and stabilized mileage 
emission levels shall be rounded to two decimal places of accuracy in 
accordance with the Rounding-Off Method specified in ASTM E29-93a, 
Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications (incorporated by reference, 
see Sec. 86.1(b)(1). Calculated DF values of less than zero shall be 
changed to zero for the purposes of this paragraph.
    (d) The durability process described in paragraph (a) of this 
section must be described in the application for certification under 
the provisions of Sec. 86.1844-01.
    (e) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the full useful life of the 
vehicles in actual use.
    (f) In-use verification. The durability program must meet the 
requirements of Sec. 86.1845-01.
    (g) Information obtained under Secs. 86.1845-01, 86.1846-01, 
86.1847-01 or from other sources shall be used by the manufacturer in 
developing new durability processes and/or updating existing durability 
processes using good engineering judgment.


Sec. 86.1826-01  Assigned deterioration factors for small volume 
manufacturers and small volume test groups.

    (a) Applicability. This program is an option available to small 
volume manufacturers certified under the small volume manufacturer 
provisions of Sec. 86.1838-01(b)(1) and small volume test groups 
certified under the small volume test group provisions of Sec. 86.1838-
01(b)(2). Manufacturers may elect to use these procedures in lieu of 
the requirements of Secs. 86.1823-01, 86.1824-01, and 86.1825-01 of 
this subpart.
    (b) Determination of deterioration factors. No service accumulation 
method or vehicle/component selection method is required. Deterioration 
factors for all types of regulated emissions are determined using the 
provisions in this paragraph. A separate assigned deterioration factor 
is required for each durability group. Manufacturers shall use good 
engineering judgment in determining deterioration factors.
    (1) Manufacturers with aggregated sales of less than 301 motor 
vehicles and motor vehicle engines per year (determined under the 
provisions of Sec. 86.1838-01(b)) may use assigned deterioration 
factors that the Administrator determines and prescribes.
    (i) The deterioration factors will be the Administrator's estimate, 
periodically updated and published in a guidance document or advisory 
circular, of the 70th percentile deterioration factors calculated using 
the industry-wide data base of previously completed durability data 
vehicles or engines used for certification.
    (ii) If there is insufficient deterioration information to 
calculate an appropriate industry-wide deterioration factor (for 
example: a new engine technology coupled with a proven emission control 
system), the Administrator may, at his/her discretion, use alternative 
methods to develop a deterioration factor.
    (2) Manufacturers with aggregated sales from and including 301 
through 14,999 motor vehicles and motor vehicle engines per year 
(determined under the provisions of Sec. 86.1838-01(b)) certifying 
light-duty vehicle or trucks on vehicles equipped with proven emission 
control systems shall conform to the following provisions:
    (i) Manufacturers shall use assigned deterioration factors that the 
manufacturer determines based on its good engineering judgment.
    (A) The manufacturer may not use deterioration factors less than 
either the average or 70th percentile of all of that manufacturer's 
deterioration factor data, whichever is less. These minimum 
deterioration factors shall be calculated according to procedures in 
paragraph (b)(2)(ii), of this section.
    (B) If the manufacturer does not have at least two data points to 
calculate these manufacturer specific average deterioration factors, 
then the deterioration factors shall be no less than the EPA supplied 
industry-wide deterioration factors.
    (C) If there is insufficient deterioration information to calculate 
an appropriate industry-wide deterioration factor (for example, a new 
engine technology coupled with a proven emission control system), the 
Administrator may, at his/her discretion, use alternative methods to 
develop a deterioration factor.
    (ii) The manufacturer's minimum deterioration factors shall be 
calculated using the deterioration factors from all durability groups, 
within the same vehicle/engine-fuel usage category (e.g., gasoline-
fueled light-duty vehicle, etc.) previously certified to the same 
emission standards.

[[Page 23950]]

    (A) The manufacturer shall use only deterioration factors from 
durability groups whose test groups were previously certified by the 
manufacturer and the deterioration factors shall not be included in the 
calculation more than once.
    (B) The deterioration factors for each pollutant shall be 
calculated separately.
    (C) The manufacturer may, at its option, limit the deterioration 
factors used in the calculation of the manufacturer's minimum 
deterioration factors to those from all similar emission control 
systems to the system being certified if sufficient data (i.e., from at 
least two certified systems) exists.
    (D) All data eligible to be grouped as similar emission control 
system data shall be used in calculating similar system deterioration 
factors.
    (E) Any deterioration factors used in calculating similar system 
deterioration factors shall not be included in calculating the 
manufacturer's minimum deterioration factors used to certify any of the 
manufacturer's remaining vehicle systems.
    (3) Manufacturers with aggregated sales from 301 through 14,999 
motor vehicles and motor vehicle engines and certifying light-duty 
vehicle exhaust emissions from vehicles equipped with unproven emission 
control systems shall conform to the following provisions:
    (i) The manufacturer shall use deterioration factors that the 
manufacturer determines from official certification durability data 
generated by vehicles from durability groups representing a minimum of 
25 percent of the manufacturer's sales equipped with unproven emission 
control systems.
    (ii) The sales projections are to be based on total sales projected 
for each test group.
    (iii) The durability data vehicle mileage accumulation and emission 
tests are to be conducted in accordance with Sec. 86.1831-01.
    (iv) The manufacturer must develop either deterioration factors or 
aged components to use on EDV testing by generating durability data in 
accordance with Sec. 86.1823-01, 86.1824-01, and/or 86.1825-01 on a 
minimum of 25 percent of the manufacturer's projected sales (based on 
durability groups) that is equipped with unproven emission control 
systems.
    (v) The manufacturer must complete the 25 percent durability 
requirement before the remainder of the manufacturer's sales equipped 
with unproven emission control systems is certified using manufacturer-
determined assigned deterioration factors.
    (c) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the useful life of the vehicles in 
actual use (or alternative intervals as permitted in Sec. 86.1805-01).


Sec. 86.1827-01  Test group determination.

    This section applies to the grouping of vehicles into test groups 
within a durability group. The vehicles covered by an application 
within a durability group shall be divided into test groups based on 
the following criteria. The manufacturer shall use good engineering 
judgment in grouping vehicles into test groups.
    (a) To be included in the same test group, vehicles must be 
identical in all following respects:
    (1) Durability group;
    (2) Engine displacement (within a total band width of 15 percent of 
the largest displacement or 50 CID, whichever is larger);
    (3) Number of cylinders or combustion chambers;
    (4) Arrangement of cylinders or combustion chambers (e.g. in-line, 
v-shaped);
    (5) Subject to the same emission standards. Light-duty trucks which 
are subject to the same emission standards as light-duty vehicles with 
the exception of the light-duty truck idle CO standard and/or total HC 
standard may be included in the same test group.
    (b) Where vehicles are of a type which cannot be divided into test 
groups based on the criteria listed above (such as non-cylinder 
engines), the Administrator will establish test groups for those 
vehicles based upon the features most related to their exhaust emission 
characteristics.
    (c) Manufacturers may further divide groups determined under 
paragraph (a) of this section providing the Administrator is notified 
in advance of any such changes in writing.
    (d) Manufacturers may request the Administrator's approval to 
combine vehicles into a single test group which would normally not be 
eligible to be in a single test group. The petition should provide:
    (1) Substantial evidence that all the vehicles in the larger 
grouping will have the similar levels of emissions;
    (2) Evidence of equivalent component durability over the vehicle's 
useful life; and
    (3) Evidence that the groups will result in sufficient in-use 
verification program data, appropriate tracking in use, and clear 
liability for the Agency's recall program.


Sec. 86.1828-01  Emission data vehicle selection.

    (a) FTP and SFTP testing. Within each test group, the vehicle 
configuration shall be selected which is expected to be worst-case for 
exhaust emission compliance on candidate in-use vehicles, considering 
all exhaust emission constituents, all exhaust test procedures, and the 
potential impact of air conditioning on test results. The selected 
vehicle will include an air conditioning engine code unless the worst-
case vehicle configuration selected is not available with air 
conditioning. This vehicle configuration will be used as the EDV 
calibration.
    (b) Evaporative/Refueling testing. Vehicles of each evaporative/
refueling family will be divided into evaporative/refueling emission 
control systems.
    (1) The vehicle configuration expected to exhibit the highest 
evaporative and/or refueling emission on candidate in-use vehicles 
shall be selected for each evaporative/refueling family and evaporative 
refueling emission system combination from among the corresponding 
vehicles selected for FTP and SFTP testing under paragraph (a) of this 
section. Separate vehicles may be selected to be tested for evaporative 
and refueling testing.
    (2) Each test group must be represented by both evaporative and 
refueling testing (provided that the refueling standards are 
applicable) before it may be certified. That required testing may have 
been conducted on a vehicle in another test group provided the tested 
vehicle is a member of the same evaporative/refueling family and 
evaporative/refueling emission system combination and it was selected 
for testing in accordance with the provisions of paragraph (b)(1) of 
this section.
    (3) For evaporative/refueling emission testing, the vehicle(s) 
selected shall be equipped with the worst-case evaporative/refueling 
emission hardware available on that vehicle considering such items as 
canister size and material, fuel tank size and material, purge strategy 
and flow rates, refueling characteristics, and amount of vapor 
generation.
    (c) Cold CO testing. For cold temperature CO exhaust emission 
compliance for each durability group, the vehicle expected to emit the 
highest CO emissions at 20 degrees F on candidate in-use vehicles shall 
be selected from the test vehicles selected in accordance with 
paragraph (a) of this section.

[[Page 23951]]

    (d) Certification Short Test testing. For CST exhaust emission 
compliance for each durability group, the vehicle expected to emit the 
highest CST emissions on candidate in-use vehicles shall be selected 
from the vehicles selected in accordance with paragraph (a) of this 
section. The manufacturer may elect to submit a compliance statement in 
lieu of test data under the provisions of Sec. 86.1829-01.
    (e) The manufacturer may select, using good engineering judgement, 
an equivalent or worst-case configuration in lieu of testing the 
vehicle selected in paragraphs (a) through (d) of this section. 
Carryover data satisfying the provisions of Sec. 86.1839-01 may also be 
used in lieu of testing the configuration selected in paragraphs (a) 
through (d) of this section.
    (f) The manufacturer shall use good engineering judgment in making 
selections of vehicles under this section.


Sec. 86.1829-01  Durability and emission testing requirements; waivers.

    (a) Durability demonstration. (1) One durability demonstration is 
required for each durability group.
    (2) The configuration of the DDV is determined according to the 
provisions of Sec. 86.1822-01.
    (3) The DDV shall be tested and accumulate service mileage 
according to the provisions of Secs. 86.1831-01, 86.1823-01, 86.1824-01 
and 86.1825-01. Small volume manufacturers and small volume test groups 
may optionally meet the requirements of Sec. 86.1838-01.
    (b) Emissions demonstration. (1) FTP and SFTP Exhaust Testing. (i) 
Testing at low altitude. One EDV shall be tested in each test group for 
exhaust emissions using the FTP and SFTP test procedures of subpart B 
of this part. The configuration of the EDV will be determined under the 
provisions of Sec. 86.1828-01 of this subpart.
    (ii) Testing at high altitude. For high-altitude exhaust emission 
compliance for each test group, the manufacturer shall follow one of 
the following two procedures:
    (A) One EDV shall be tested in each test group for exhaust 
emissions using the FTP test procedures of subpart B of this part. The 
configuration of the EDV will be determined under the provisions of 
Sec. 86.1828-01; or
    (B) In lieu of testing vehicles according to the provisions of 
paragraph (b)(1)(ii)(A) of this section, a manufacturer may provide a 
statement in its application for certification that, based on the 
manufacturer's engineering evaluation of appropriate high-altitude 
emission testing, all light-duty vehicles and light-duty trucks comply 
with the emission standards at high altitude.
    (iii) Data submittal waivers. (A) In lieu of testing a methanol-
fueled diesel-cycle light truck for particulate emissions a 
manufacturer may provide a statement in its application for 
certification that such light trucks comply with the applicable 
standards. Such a statement shall be based on previous emission tests, 
development tests, or other appropriate information.
    (B) In lieu of testing a gasoline-fueled or methanol-fueled Otto-
cycle certification light-duty vehicle or light-duty trucks for 
particulate emissions a manufacturer may provide a statement in its 
application for certification that such vehicles comply with the 
applicable standards. Such a statement shall be based on previous 
emission tests, development tests, or other appropriate information.
    (C) A manufacturer may petition the Administrator for a waiver of 
the requirement to submit total hydrocarbon emission data. If the 
waiver is granted, then in lieu of testing a certification light-duty 
vehicle or light-duty truck for total hydrocarbon emissions the 
manufacturer may provide a statement in its application for 
certification that such vehicles comply with the applicable standards. 
Such a statement shall be based on previous emission tests, development 
tests, or other appropriate information.
    (D) A manufacturer may petition the Administrator to waive the 
requirement to measure particulate emissions when conducting Selective 
Enforcement Audit testing of Otto-cycle vehicles.
    (2) Evaporative/Refueling testing. Vehicles of each evaporative/
refueling family will be divided into evaporative/refueling emission 
control systems. Applicability of the refueling test requirements of 
this paragraph shall be determined in accordance with the applicability 
of the refueling loss standards under the provisions of Sec. 86.1810.
    (i) Testing at low altitude. One EDV in each evaporative/refueling 
family and evaporative/refueling emission control system combination 
shall be tested in accordance with the evaporative/refueling test 
procedure requirement of subpart B of this part. The configuration of 
the EDV will be determined under the provisions of Sec. 86.1828-01. The 
EDV must also be tested for exhaust emission compliance using the FTP 
and SFTP procedures of subpart B of this part.
    (ii) Testing at high altitude. For high-altitude evaporative and/or 
refueling emission compliance for each evaporative/refueling family, 
the manufacturer shall follow one of the following two procedures:
    (A) One EDV in each evaporative/refueling family and evaporative/
refueling emission control system combination shall be tested in 
accordance with the evaporative/refueling test procedure requirement of 
subpart B of this part. The configuration of the EDV will be determined 
under the provisions of Sec. 86.1824-01. The EDV must also be tested 
for exhaust emissions using the FTP procedures of subpart B of this 
part while operated at high altitude; or
    (B) In lieu of testing vehicles according to the provisions of 
paragraph (b)(2)(ii)(A) of this section, a manufacturer may provide a 
statement in its application for certification that, based on the 
manufacturer's engineering evaluation of such high-altitude emission 
testing as the manufacturer deems appropriate, all light-duty vehicles 
and light-duty trucks comply with the emission standards at high 
altitude.
    (3) Cold CO Testing. One EDV in each durability group shall be 
tested for cold temperature CO exhaust emission compliance in 
accordance with the test procedures in subpart C of this part or with 
alternative procedures requested by the manufacturer and approved in 
advance by the Administrator. The selection of which EDV and test group 
within the durability group will be tested for cold CO compliance will 
be determined under the provisions of Sec. 86.1828-01(c).
    (4) Certification Short Test testing. (i) To determine CST emission 
compliance for each durability group, the manufacturer shall follow one 
of the following two procedures:
    (A) One EDV in each durability group shall be tested in accordance 
with the CST procedures set forth in subpart O of this part. The 
configuration of the EDV will be determined under the provisions of 
Sec. 86.1828-01(d). The EDV must also be tested for exhaust emissions 
using the FTP and SFTP procedures of subpart B of this part; or
    (B) In lieu of testing vehicles according to the provisions of 
Sec. 86.1829-01(b)(4)(i)(A), a manufacturer may provide a statement in 
its application for certification that, based on the manufacturer's 
engineering evaluation of such CST testing as the manufacturer deems 
appropriate, all light-duty vehicles and light-duty trucks comply with 
the CST emission standards.
    (ii) For light-duty vehicles and light-duty trucks, a manufacturer 
with a test group that cannot be appropriately tested on all 
Certification Short Test

[[Page 23952]]

emission test procedures described in Sec. 86.1439 may request an 
exemption, as described in Sec. 86.1427(d), from the inappropriate 
test(s) for purposes of demonstrating compliance with the Certification 
Short Test as described in subpart O of this part.
    (iii) For light-duty vehicles and light-duty trucks, a manufacturer 
with a test group that can be appropriately tested on none of the 
Certification Short Test emission test procedures described in 
Sec. 86.1439 may request an alternative procedure as described in 
Sec. 86.1427(d).
    (5) Idle CO Testing. To determine idle CO emission compliance for 
light-duty trucks, the manufacturer shall follow one of the following 
two procedures:
    (i) For test groups containing light-duty trucks, each EDV shall be 
tested in accordance with the idle CO testing procedures of subpart B 
of this part; or
    (ii) In lieu of testing light trucks for idle CO emissions, a 
manufacturer may provide a statement in its application for 
certification that, based on the manufacturer's engineering evaluation 
of such idle CO testing as the manufacturer deems appropriate, all 
light-duty trucks comply with the idle CO emission standards.
    (c) Running change testing. Running change testing shall be 
conducted as required under the provisions of Sec. 86.1842-01.


Sec. 86.1830-01  Acceptance of vehicles for emission testing.

    (a) General test vehicle requirements. (1) All test vehicles shall 
be tested in the proper configurations as specified in Secs. 86.1822-
01, 86.1828-01, or 86.1842-01, as applicable for the type of test 
conducted.
    (2) Components affecting emissions which are used to build test 
vehicles shall either be randomly selected production parts or parts 
verified to be in the middle 50 percent of the tolerance range. The 
manufacturer will determine which components affect emissions using 
good engineering judgment.
    (3) Test vehicles must have air conditioning installed and 
operational if that configuration is available with air conditioning. 
Optional equipment must be installed or represented on test vehicles 
according to the provisions of Sec. 86.1832-01.
    (4) Test vehicles must receive proper scheduled maintenance as 
established by the manufacturer according to the provisions of 
Sec. 86.1834-01(b) or (c). Unscheduled maintenance must be approved 
under the provisions of Sec. 86.1834-01(d).
    (5) Vehicle mileage shall be accumulated in accordance with 
Sec. 86.1831-01.
    (6) The road load forces and equivalent test weight used during 
testing will be determined according to the provisions of Sec. 86.129-
00.
    (7) Test vehicles shall have the appropriate emission testing 
hardware installed (e.g., exhaust pipe testing flange, fuel tank drain, 
access ports to evaporative canisters, and fuel tank heat blanket) and 
shall have tires with appropriate tire wear.
    (b) Special provisions for durability data vehicles. (1) For DDV's, 
the mileage at all test points shall be within 250 miles of the 
scheduled mileage point as required under Sec. 86.1823-01(b). 
Manufacturers may exceed the 250 mile upper limit if there are 
logistical reasons for the deviation and the manufacturer determines 
that the deviation will not affect the representativeness of the 
durability demonstration.
    (2) For DDV's, except as allowed under the bench testing provisions 
of Sec. 86.1823-01, all emission-related hardware and software must be 
installed and operational during all mileage accumulation after the 
5000-mile test point.
    (3) DDV's may be reconfigured before the 5000-mile test point 
providing that the representativeness of the emission results will not 
be affected. Manufacturers shall use good engineering judgment in 
making such determinations.
    (c) Special provisions for emission data vehicles. (1) All EDV's 
shall have at least the minimum number of miles accumulated to achieve 
stabilized emission results according to the provisions of 
Sec. 86.1831-01(c)(4).
    (2) Within a durability group, the manufacturer may alter any 
emission data vehicle (or other vehicles such as current or previous 
model year emission data vehicles, running change vehicles, fuel 
economy data vehicles, and development vehicles) in lieu of building a 
new test vehicle providing that the modification will not impact the 
representativeness of the vehicle's test results. Manufacturers shall 
use good engineering judgment in making such determinations. 
Development vehicles which were used to develop the calibration 
selected for emission data testing may not be used as the EDV for that 
configuration. Vehicles from outside the durability group may be 
altered with advance approval of the Administrator.
    (3) Components used to reconfigure EDV's under the provisions of 
paragraph (c)(2) of this section shall be appropriately aged if 
necessary to achieve representative emission results. Manufacturers 
shall determine the need for component aging and the type and amount of 
aging required using good engineering judgment.
    (4) Bench-aged hardware may be installed on an EDV for emission 
testing as a method of determining certification levels (projected 
emission levels at full or intermediate useful life) using bench aging 
procedures approved under the provisions of Sec. 86.1823-01.


Sec. 86.1831-01  Mileage accumulation requirements for test vehicles.

    (a) Durability Data Vehicles. (1) The manufacturer shall accumulate 
mileage on DDV's using the procedures which have been approved under 
the provisions of Sec. 86.1823-01(a)(1).
    (2) All tests required by this subpart on durability data vehicles 
shall be conducted within 250 miles of each of the nominal test point 
mileage. This
+/-250 mile test point mileage tolerance may be modified with the 
advance approval of the Administrator if the basis for the written 
request is to prevent an interruption of durability mileage 
accumulation due to test scheduling conflicts for weekends, holidays, 
or other similar circumstances.
    (b) Emission data vehicles and running change vehicles. (1) The 
standard method of service accumulation for emission data vehicles and 
running change vehicles shall be mileage accumulation using the 
Durability Driving Schedule as specified in Appendix IV to this part.
    (2) The manufacturer may use an alternative mileage accumulation 
method providing the form and extent of the service accumulation 
represents normal driving patterns for that vehicle, the method is 
consistent with good engineering judgment, and the method is described 
in the application for certification.
    (3) Except with the advance approval of the Administrator, all 
vehicles will accumulate mileage at a measured curb weight which is 
within 100 pounds of the estimated curb weight. If the loaded vehicle 
weight is within 100 pounds of being included in the next higher 
inertia weight class as specified in Sec. 86.129, the manufacturer may 
elect to conduct the respective emission tests at higher loaded vehicle 
weight.
    (c) The manufacturer shall determine the mileage at which the 
emission control system and engine combination is stabilized for 
emission-data testing. The manufacturer shall provide to the 
Administrator if requested, a record of the analysis used in making 
this determination. The manufacturer may

[[Page 23953]]

elect to accumulate 2,000 miles (3,219 kilometers) or more on each test 
vehicle without making a determination. The manufacturer must 
accumulate a minimum of 1,000 miles (1,608 kilometers) on each emission 
data vehicle.
    (d) All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator upon request.


Sec. 86.1832-01  Optional equipment and air conditioning for test 
vehicles.

    For test vehicles selected under Secs. 86.1822-01 and 86.1828-01:
    (a)(1) Where it is expected that more than 33 percent of a car 
line, within a test group, will be equipped with an item (whether that 
item is standard equipment or an option), the full estimated weight of 
that item must be included in the curb weight computation for each 
vehicle available with that item in that car line, within that test 
group.
    (2) Where it is expected that 33 percent or less of the car line, 
within a test group, will be equipped with an item (whether that item 
is standard equipment or an option), no weight for that item will be 
added in computing the curb weight for any vehicle in that car line, 
within that test group, unless that item is standard equipment on the 
vehicle.
    (3) In the case of mutually exclusive options, only the weight of 
the heavier option will be added in computing the curb weight.
    (4) Optional equipment weighing less than three pounds per item 
need not be considered.
    (b)(1) Where it is expected that more than 33 percent of a car 
line, within a test group, will be equipped with an item (whether that 
item is standard equipment or an option) that can reasonably be 
expected to influence emissions, then such items must actually be 
installed (unless excluded under paragraph (b)(2) of this section) on 
all emission data and durability data vehicles of that car line, within 
that test group, on which the items are intended to be offered in 
production. Items that can reasonably be expected to influence 
emissions include, but are not limited to: air conditioning, power 
steering, and power brakes.
    (2) If the manufacturer determines by test data or engineering 
evaluation that the actual installation of the optional equipment 
required by paragraph (b)(1) of this section does not affect the 
emissions or fuel economy values, the optional equipment need not be 
installed on the test vehicle.
    (3) The weight of the options must be included in the design curb 
weight and must also be represented in the weight of the test vehicles.
    (4) The engineering evaluation, including any test data, used to 
support the deletion of optional equipment from test vehicles, shall be 
maintained by the manufacturer and be made available to the Agency upon 
request by the Administrator within 15 business days.
    (c) Except for air conditioning, where it is expected that 33 
percent or less of a car line, within a test group, will be equipped 
with an item (whether that item is standard equipment or an option) 
that can reasonably be expected to influence emissions, that item may 
not be installed on any emission data vehicle or durability data 
vehicle of that car line within that test group, unless that item is 
standard equipment on that vehicle or specifically required by the 
Administrator.
    (d) Air conditioning must be installed and operational on any 
emission data vehicle of any vehicle configuration that is projected to 
be available with air conditioning regardless of the rate of 
installation of air conditioning within the car line. Paragraphs (a) 
through (c) of this section will be used to determine whether the 
weight of the air conditioner will be included in the equivalent test 
weight calculations for emission testing.


Sec. 86.1833-01  Adjustable parameters.

    (a) At the time that emission data vehicles are selected for the 
test fleet, a determination shall be made of those vehicle or engine 
parameters which will be subject to adjustment for certification, 
Selective Enforcement Audit and Production Compliance Audit testing, 
the adequacy of the limits, stops, seals, or other means used to 
inhibit adjustment, and the resulting physically adjustable ranges for 
each such parameter. The manufacturer shall use good engineering 
judgment in making such determinations and shall notify the 
Administrator of its determinations prior to emission data vehicle 
testing for the affected test groups (preferably at an annual preview 
meeting scheduled before the manufacturer begins certification 
activities for the model year).
    (1) Determining parameters subject to adjustment.
    (i) The following parameters may be subject to adjustment: the idle 
fuel-air mixture parameter on Otto-cycle vehicles; the choke valve 
action parameter(s) on carbureted, Otto-cycle vehicles (or engines); or 
any parameter on any vehicle (Otto-cycle or diesel) which is physically 
capable of being adjusted, may significantly affect emissions, and was 
not present on the manufacturer's vehicles (or engines) in the previous 
model year in the same form and function.
    (ii) Any other parameters on any vehicle or engine which are 
physically capable of being adjusted and which may significantly affect 
emissions may be determined to be subject to adjustment. However, the 
Administrator may do so only if he/she has previously notified the 
manufacturer that he/she might do so and has found, at the time he/she 
gave this notice, that the intervening period would be adequate to 
permit the development and application of the requisite technology, 
giving appropriate consideration to the cost of compliance within such 
period. In no event will this notification be given later than 
September 1 of the calendar year two years prior to the model year.
    (iii) In determining the parameters subject to adjustment, the 
following shall be taken into consideration: the likelihood that, for 
each of the parameters listed in paragraphs (e)(1) (i) and (ii) of this 
section, settings other than the manufacturer's recommended setting 
will occur on in-use vehicles (or engines). In determining likelihood, 
such factors may be considered as information contained in the 
preliminary application, surveillance information from similar in-use 
vehicles, the difficulty and cost of gaining access to an adjustment, 
damage to the vehicle if an attempt is made to gain such access and the 
need to replace parts following such attempt, and the effect of 
settings other than the manufacturer's recommended setting on vehicle 
performance characteristics including emission characteristics.
    (2)(i) A parameter may be determined to be adequately inaccessible 
or sealed if:
    (A) In the case of an idle mixture screw, the screw is recessed 
within the carburetor casting and sealed with lead, thermosetting 
plastic, or an inverted elliptical spacer or sheared off after 
adjustment at the factory, and the inaccessibility is such that the 
screw cannot be accessed and/or adjusted with simple tools in one-half 
hour or for $20 (1978 dollars) or less;
    (B) In the case of a choke bimetal spring, the plate covering the 
bimetal spring is riveted or welded in place, or held in place with 
nonreversible screws;
    (C) In the case of a parameter which may be adjusted by elongating 
or bending adjustable members (e.g., the choke vacuum break), the 
elongation of the adjustable member is limited by design or, in the 
case of a bendable member, the member is constructed of

[[Page 23954]]

a material which when bent would return to its original shape after the 
force is removed (plastic or spring steel materials);
    (D) In the case of any parameter, the manufacturer demonstrates 
that adjusting the parameter to settings other than the manufacturer's 
recommended setting takes more than one-half hour or costs more than 
$20 (1978 dollars).
    (ii) A physical limit or stop shall be determined to be an adequate 
restraint on adjustability if:
    (A) In the case of a threaded adjustment, the threads are 
terminated, pinned, or crimped so as to prevent additional travel 
without breakage or need for repairs which take more than one-half hour 
or cost more than $20 (1978 dollars);
    (B) The adjustment is ineffective at the end of the limits of 
travel regardless of additional forces or torques applied to the 
adjustment;
    (C) The manufacturer demonstrates that travel or rotation limits 
cannot be exceeded with the use of simple and inexpensive tools 
(screwdriver, pliers, open-end or box wrenches, etc.) without incurring 
significant and costly damage to the vehicle or control system or 
without taking more than one-half hour or costing more than $20 (1978 
dollars).
    (iii) If manufacturer service manuals or bulletins describe routine 
procedures for gaining access to a parameter or for removing or 
exceeding a physical limit, stop, seal or other means used to inhibit 
adjustment, or if surveillance data indicate that gaining access, 
removing, or exceeding is likely, paragraphs (a)(2)(i) and (ii) of this 
section shall not apply for that parameter.
    (iv) In determining the adequacy of a physical limit, stop, seal, 
or other means used to inhibit adjustment of a parameter not covered by 
paragraph (a)(2)(i) or (ii) of this section, the following shall be 
considered: the likelihood that it will be circumvented, removed, or 
exceeded on in-use vehicles. In determining likelihood, such factors 
may be considered as, but not limited to, information contained in the 
preliminary application; surveillance information from similar in-use 
vehicles; the difficulty and cost of circumventing, removing, or 
exceeding the limit, stop, seal, or other means; damage to the vehicle 
if an attempt is made to circumvent, remove, or exceed it and the need 
to replace parts following such attempt; and the effect of settings 
beyond the limit, stop, seal, or other means on vehicle performance 
characteristics other than emission characteristics.
    (v) In the case of electronic components on circuit boards (such as 
onboard computers) the board is covered with a epoxy resin which 
inhibits the access to components on the board (commonly referred to as 
potting).
    (3) Two physically adjustable ranges shall be determined for each 
parameter subject to adjustment:
    (i)(A) In the case of a parameter determined to be adequately 
inaccessible or sealed, the following may be included within the 
physically adjustable range applicable to testing under this subpart: 
all settings within the production tolerance associated with the 
nominal setting for that parameter, as specified by the manufacturer in 
the application for certification or other information; or
    (B) In the case of other parameters, all settings within physical 
limits or stops determined to be adequate restraints on adjustability 
shall be included within this range. The production tolerances on the 
location of these limits or stops may be included when determining the 
physically adjustable range.
    (ii)(A) In the case of a parameter determined to be adequately 
inaccessible or sealed, only the actual settings to which the parameter 
is adjusted during production shall be included within the physically 
adjustable range applicable to testing under subparts G or K (Selective 
Enforcement Audit and Production Compliance Audit) of this part; or
    (B) In the case of other parameters, all settings within physical 
limits or stops determined to be adequate restraints on adjustability, 
as they are actually located on the test vehicle, shall be included 
within the range.
    (b) In lieu of making the determinations required in paragraph (a) 
of this section, the manufacturer may request a determination be made 
by the Administrator prior to emission testing. In that case, all the 
information discussed in paragraph (a) of this section shall be 
provided to the Administrator. The Administrator will respond within 90 
days (excluding the elapsed time during which additional information 
requested by the Administrator is being gathered by the manufacturer) 
following the receipt of the request for determination.
    (c) If the Administrator determines that the decisions made by the 
manufacturer under the provisions of paragraph (a) of this section were 
not made using good engineering judgment, the Administrator will 
overrule the manufacturers' decisions and conduct testing for 
Certification, Selective Enforcement Audit and/or Production Compliance 
Audit purposes by adjusting parameters according to his/her 
determination of those vehicle or engine parameters subject to 
adjustment, the adequacy of the limits, stops, seals, or other means 
used to inhibit adjustment, and the resulting physically adjustable 
ranges for each such parameter. Furthermore, the Administrator may 
reject testing performed by the manufacturer which failed to follow 
his/her determinations.
    (d) Within 30 days following receipt of notification of the 
Administrator's determinations made under paragraph (b) or (c) of this 
section, the manufacturer may request a hearing on the Administrator's 
determinations. The request shall be in writing, signed by an 
authorized representative of the manufacturer, and shall include a 
statement specifying the manufacturer's objections to the 
Administrator's determinations, and data in support of such objections. 
If, after review of the request and supporting data, the Administrator 
finds that the request raises a substantial factual issue, he shall 
provide the manufacturer a hearing in accordance with Sec. 86.1853-01 
with respect to such issue.


Sec. 86.1834-01  Allowable maintenance.

    (a) Maintenance performed on vehicles, engines, subsystems, or 
components used to determine exhaust, evaporative or refueling emission 
deterioration factors, as appropriate, is classified as either 
emission-related or non-emission-related and each of these can be 
classified as either scheduled or unscheduled. Further, some emission-
related maintenance is also classified as critical emission-related 
maintenance.
    (b) This section specifies emission-related scheduled maintenance 
for purposes of obtaining durability data and for inclusion in 
maintenance instructions furnished to purchasers of new motor vehicles 
and under Sec. 86.1808-01.
    (1) All emission-related scheduled maintenance for purposes of 
obtaining durability data must occur at the same mileage intervals (or 
equivalent intervals if engines, subsystems, or components are used) 
that will be specified in the manufacturer's maintenance instructions 
furnished to the ultimate purchaser of the motor vehicle or engine 
under Sec. 86.1808-01. This maintenance schedule may be updated as 
necessary throughout the testing of the vehicle/engine, provided that 
no maintenance operation is deleted from the maintenance schedule after 
the operation has been performed on the test vehicle or engine.
    (2) Any emission-related maintenance which is performed on 
vehicles, engines, subsystems, or components must be technologically 
necessary to

[[Page 23955]]

assure in-use compliance with the emission standards. Manufacturers 
shall determine the technological need for maintenance using good 
engineering judgment. The Administrator has determined that emission-
related maintenance at shorter intervals than those outlined in 
paragraphs (b)(3) and (4) of this section is not technologically 
necessary to ensure in-use compliance. However, the Administrator may 
determine that maintenance even more restrictive (e.g., longer 
intervals) than that listed in paragraphs (b)(3) and (4) of this 
section is also not technologically necessary.
    (3) Emission-related maintenance in addition to, or at shorter 
intervals than, that listed in paragraphs (b)(3)(i) through (iv) of 
this section will not be accepted as technologically necessary, except 
as provided in paragraph (b)(6) of this section.
    (i) The cleaning or replacement of light-duty vehicle or light-duty 
truck spark plugs shall occur at 30,000 miles of use and at 30,000-mile 
intervals thereafter.
    (ii) The adjustment, cleaning, repair, or replacement of the 
following items shall occur at 50,000 miles of use and at 50,000-mile 
intervals thereafter:
    (A) Positive crankcase ventilation valve.
    (B) Emission-related hoses and tubes.
    (C) Ignition wires.
    (D) Idle mixture.
    (iii) The adjustment, cleaning, repair, or replacement of the 
oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and 
at 80,000-mile (or 2,400-hour) intervals thereafter.
    (iv) The adjustment, cleaning, repair, or replacement of the 
following items shall occur at 100,000 miles of use and at 100,000-mile 
intervals thereafter:
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Fuel injectors.
    (D) Electronic engine control unit and its associated sensors 
(except oxygen sensor) and actuators.
    (E) Evaporative and/or refueling emission canister(s).
    (F) Turbochargers.
    (G) Carburetors.
    (H) Superchargers.
    (I) EGR System including all related filters and control valves.
    (J) Mechanical fillpipe seals.
    (4) For diesel-cycle light-duty vehicles and light-duty trucks, 
emission-related maintenance in addition to, or at shorter intervals 
than the following will not be accepted as technologically necessary, 
except as provided in paragraph (b)(6) of this section:
    (i) The adjustment, cleaning, repair, or replacement of the 
positive crankcase ventilation valve shall occur at 50,000 miles of use 
and at 50,000-mile intervals thereafter.
    (ii) The adjustment, cleaning, repair, or replacement shall occur 
at 100,000 miles of use and at 100,000-mile intervals thereafter of the 
following items:
    (A) Fuel injectors.
    (B) Turbocharger.
    (C) Electronic engine control unit and its associated sensors and 
actuators.
    (D) Particulate trap or trap-oxidizer system (including related 
components).
    (E) Exhaust gas recirculation system including all related filters 
and control valves.
    (F) Catalytic converter.
    (G) Superchargers.
    (5) Critical emission-related components.
    (i) The following components are defined as critical emission-
related components:
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Electronic engine control unit and its associated sensors 
(including oxygen sensor if installed) and actuators.
    (D) Exhaust gas recirculation system (including all related filters 
and control valves).
    (E) Positive crankcase ventilation valve.
    (F) Evaporative and refueling emission control system components 
(excluding canister air filter).
    (G) Particulate trap or trap-oxidizer system.
    (ii) All critical emission-related scheduled maintenance must have 
a reasonable likelihood of being performed in use. The manufacturer 
shall be required to show the reasonable likelihood of such maintenance 
being performed in use, and such showing shall be made prior to the 
performance of the maintenance on the durability data vehicle. Critical 
emission-related scheduled maintenance items which satisfy one of the 
conditions defined in paragraphs (b)(5)(ii) (A) through (F) of this 
section will be accepted as having a reasonable likelihood of the 
maintenance item being performed in use.
    (A) Data are presented which establish for the Administrator a 
connection between emissions and vehicle performance such that as 
emissions increase due to lack of maintenance, vehicle performance will 
simultaneously deteriorate to a point unacceptable for typical driving.
    (B) Survey data are submitted which adequately demonstrate to the 
Administrator that, at an 80 percent confidence level, 80 percent of 
such engines already have this critical maintenance item performed in 
use at the recommended interval(s).
    (C) A clearly displayed visible signal system approved by the 
Administrator is installed to alert the vehicle driver that maintenance 
is due. A signal bearing the message ``maintenance needed'' or ``check 
engine,'' or a similar message approved by the Administrator, shall be 
actuated at the appropriate mileage point or by component failure. This 
signal must be continuous while the engine is in operation and not be 
easily eliminated without performance of the required maintenance. 
Resetting the signal shall be a required step in the maintenance 
operation. The method for resetting the signal system shall be approved 
by the Administrator.
    (D) A manufacturer may desire to demonstrate through a survey that 
a critical maintenance item is likely to be performed without a visible 
signal on a maintenance item for which there is no prior in-use 
experience without the signal. To that end, the manufacturer may in a 
given model year market up to 200 randomly selected vehicles per 
critical emission-related maintenance item without such visible 
signals, and monitor the performance of the critical maintenance item 
by the owners to show compliance with paragraph (b)(5)(ii)(B) of this 
section. This option is restricted to two consecutive model years and 
may not be repeated until any previous survey has been completed. If 
the critical maintenance involves more than one test group, the sample 
will be sales weighted to ensure that it is representative of all the 
groups in question.
    (E) The manufacturer provides the maintenance free of charge, and 
clearly informs the customer that the maintenance is free in the 
instructions provided under Sec. 86.1808-01.
    (F) Any other method which the Administrator approves as 
establishing a reasonable likelihood that the critical maintenance will 
be performed in use.
    (iii) Visible signal systems used under paragraph (b)(5)(ii)(C) of 
this section are considered an element of design of the emission 
control system. Therefore, disabling, resetting, or otherwise rendering 
such signals inoperative without also performing the indicated 
maintenance procedure is a prohibited act under section 203(a)(3) of 
the Clean Air Act (42 U.S.C. 7522(a)(3)).
    (6) Changes to scheduled maintenance. (i) For maintenance practices 
that existed prior to the 1980 model year, only the maintenance items 
listed in paragraphs (b)(3) and (4) of this section are currently 
considered by EPA to be emission-related. The Administrator may, 
however, determine

[[Page 23956]]

additional scheduled maintenance items that existed prior to the 1980 
model year to be emission-related by announcement in a Federal Register 
Notice. In no event may this notification occur later than September 1 
of the calendar year two years prior to the affected model year.
    (ii) In the case of any new scheduled maintenance, the manufacturer 
must submit a request for approval to the Administrator for any 
maintenance that it wishes to recommend to purchasers and perform 
during durability determination. New scheduled maintenance is that 
maintenance which did not exist prior to the 1980 model year, including 
that which is a direct result of the implementation of new technology 
not found in production prior to the 1980 model year. The manufacturer 
must also include its recommendations as to the category (i.e., 
emission-related or non-emission-related, critical or non-critical) of 
the subject maintenance and, for suggested emission-related 
maintenance, the maximum feasible maintenance interval. Such requests 
must include detailed evidence supporting the need for the maintenance 
requested, and supporting data or other substantiation for the 
recommended maintenance category and for the interval suggested for 
emission-related maintenance. Requests for new scheduled maintenance 
must be approved prior to the introduction of the new maintenance. The 
Administrator will then designate the maintenance as emission-related 
or non-emission-related. For maintenance items established as emission-
related, the Administrator will further designate the maintenance as 
critical if the component which receives the maintenance is a critical 
component under paragraph (b)(5) of this section. For each maintenance 
item designated as emission-related, the Administrator will also 
establish a technologically necessary maintenance interval, based on 
industry data and any other information available to EPA. Designations 
of emission-related maintenance items, along with their identification 
as critical or non-critical, and establishment of technologically 
necessary maintenance intervals, will be announced in the Federal 
Register.
    (iii) Any manufacturer may request a hearing on the Administrator's 
determinations in paragraph (b)(6) of this section. The request shall 
be in writing and shall include a statement specifying the 
manufacturer's objections to the Administrator's determinations, and 
data in support of such objections. If, after review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, he shall provide the manufacturer a hearing 
in accordance with Sec. 86.1853-01 with respect to such issue.
    (c) Non-emission-related scheduled maintenance which is reasonable 
and technologically necessary (e.g., oil change, oil filter change, 
fuel filter change, air filter change, cooling system maintenance, 
adjustment of idle speed, governor, engine bolt torque, valve lash, 
injector lash, timing, adjustment of air pump drive belt tension, 
lubrication of the exhaust manifold heat control valve, lubrication of 
carburetor choke linkage, re-torquing carburetor mounting bolts, etc.) 
may be performed on durability data vehicles at the least frequent 
intervals recommended by the manufacturer to the ultimate purchaser, 
(e.g., not at the intervals recommended for severe service).
    (d) Unscheduled maintenance on light-duty durability data vehicles.
    (1) Unscheduled maintenance may be performed during the testing 
used to determine deterioration factors, except as provided in 
paragraphs (d)(2) and (3) of this section, only under the following 
provisions defined in paragraphs (d)(1) (i) through (iii) of this 
section:
    (i) A fuel injector or spark plug may be changed if a persistent 
misfire is detected.
    (ii) Readjustment of an Otto-cycle vehicle cold-start enrichment 
system may be performed if there is a problem of stalling.
    (iii) Readjustment of the engine idle speed (curb idle and fast 
idle) may be performed in addition to that performed as scheduled 
maintenance under paragraph (c) of this section if the idle speed 
exceeds the manufacturer's recommended idle speed by 300 rpm or more, 
or if there is a problem of stalling.
    (2) Any other unscheduled vehicle, emission control system, or fuel 
system adjustment, repair, removal, disassembly, cleaning, or 
replacement during testing to determine deterioration factors shall be 
performed (using good engineering judgment) only in the following 
circumstances:
    (i) The part failure or system malfunction, or the repair of such 
failure or malfunction, does not render the vehicle or engine 
unrepresentative of vehicles or engines in use and does not require 
direct access to the combustion chamber, except for spark plug, fuel 
injection component, or removable prechamber removal or replacement.
    (ii) The need for maintenance or repairs is indicated by an overt 
indication of malfunction such as persistent misfiring, engine 
stalling, overheating, fluid leakage, loss of oil pressure, excessive 
fuel consumption, or excessive power loss. The Administrator shall be 
given the opportunity to verify the existence of an overt indication of 
part failure and/or vehicle/engine malfunction (e.g., misfiring, 
stalling, black smoke), or an activation of an audible and/or visible 
signal, prior to the performance of any maintenance to which such overt 
indication or signal is relevant under the provisions of this section.
    (iii) The OBD system of a durability data vehicle representing an 
test group certifying fully to the Federal OBD requirements as 
specified in Sec. 86.1806-01(a) through (h) has specifically detected 
the problem and has illuminated the malfunction indicator light.
    (3) Emission measurement may not be used as a means of determining 
the need for unscheduled maintenance under paragraph (d)(2) of this 
section, except under the following conditions:
    (i) The Administrator may approve unscheduled maintenance on 
durability data vehicles based upon a significant change in emission 
levels that indicates a vehicle or engine malfunction. In these cases 
the Administrator may first approve specific diagnostic procedures to 
identify the source of the problem. The Administrator may further 
approve of specific corrections to the problem after the problem has 
been identified. The Administrator may only approve the corrective 
action after it is determined that:
    (A) The malfunction was caused by nonproduction build practices or 
by a previously undetected design problem;
    (B) The malfunction will not occur in production vehicles or 
engines in use; and
    (C) The deterioration factor generated by the durability data 
vehicle or engine will remain unaffected by the malfunction or by the 
corrective action (e.g., the malfunction was present for only a short 
period of time before detection, replacement parts are functionally 
representative of the proper mileage or hours, etc.).
    (ii) Following any unscheduled maintenance approved under paragraph 
(d)(3)(i) of this section, the manufacturer shall perform an after-
maintenance emission test. If the Administrator determines that the 
after-maintenance emission levels for any pollutant indicates that the 
deterioration factor is no longer representative of production, the 
Administrator may disqualify the durability data vehicle or engine.
    (4) If a part failure or system malfunction occurrence and/or 
repair has rendered the vehicle/engine

[[Page 23957]]

unrepresentative of vehicles in use, the vehicle/engine shall not be 
used for determining deterioration factors.
    (5) Repairs to vehicle components of a durability data vehicle 
other than the engine, emission control system, or fuel system, shall 
be performed only as a result of part failure, vehicle system 
malfunction, or with the advance approval of the Administrator.
    (e) Maintenance on emission data vehicles and engines. (1) 
Adjustment of engine idle speed on emission data vehicles may be 
performed once before the low-mileage/low-hour emission test point. Any 
other engine, emission control system, or fuel system adjustment, 
repair, removal, disassembly, cleaning, or replacement on emission data 
vehicles shall be performed only with the advance approval of the 
Administrator.
    (2) Repairs to vehicle components of an emission data vehicle other 
than the engine, emission control system, or fuel system, shall be 
performed only as a result of part failure, vehicle system malfunction, 
or with the advance approval of the Administrator.
    (f) Equipment, instruments, or tools may not be used to identify 
malfunctioning, maladjusted, or defective engine components unless the 
same or equivalent equipment, instruments, or tools will be available 
to dealerships and other service outlets and:
    (1) Are used in conjunction with scheduled maintenance on such 
components; or
    (2) Are used subsequent to the identification of a vehicle or 
engine malfunction, as provided in paragraph (d)(2) of this section for 
durability data vehicles or in paragraph (e)(1) of this section for 
emission data vehicles; or
    (3) Unless specifically authorized by the Administrator.
    (g) Complete emission tests (see Secs. 86.106-96 through 86.145-82) 
are required, unless waived by the Administrator, before and after 
scheduled maintenance approved for durability data vehicles. The 
manufacturer may perform emission tests before unscheduled maintenance. 
Complete emission tests are required after unscheduled maintenance 
which may reasonably be expected to affect emissions. The Administrator 
may waive the requirement to test after unscheduled maintenance. These 
test data may be submitted weekly to the Administrator, but shall be 
air posted or delivered within 7 days after completion of the tests, 
along with a complete record of all pertinent maintenance, including a 
preliminary engineering report of any malfunction diagnosis and the 
corrective action taken. A complete engineering report shall be 
delivered to the Administrator concurrently with the manufacturer's 
application for certification.
    (h) When air conditioning SFTP exhaust emission tests are required, 
the manufacturer must document that the vehicle's air conditioning 
system is operating properly and in a representative condition. 
Required air conditioning system maintenance is performed as 
unscheduled maintenance and does not require the Administrator's 
approval.


Sec. 86.1835-01  Confirmatory certification testing.

    (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 emissions 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.
    (i) The Administrator may adjust or cause to be adjusted any 
adjustable parameter of an emission-data vehicle which the 
Administrator has determined to be subject to adjustment for 
certification testing in accordance with Sec. 86.1833-01(a)(1), to any 
setting within the physically adjustable range of that parameter, as 
determined by the Administrator in accordance with Sec. 86.1833-
01(a)(3), prior to the performance of any tests to determine whether 
such vehicle or engine conforms to applicable emission standards, 
including tests performed by the manufacturer under Sec. 86.1829-01(b). 
However, if the idle speed parameter is one which the Administrator has 
determined to be subject to adjustment, the Administrator shall not 
adjust it to a setting which causes a higher engine idle speed than 
would have been possible within the physically adjustable range of the 
idle speed parameter on the engine before it accumulated any 
dynamometer service, all other parameters being identically adjusted 
for the purpose of the comparison. The Administrator, in making or 
specifying such adjustments, will consider the effect of the deviation 
from the manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use light-duty vehicles or light-duty trucks. In 
determining likelihood, the Administrator will consider factors such 
as, but not limited to, the effect of the adjustment on vehicle 
performance characteristics and surveillance information from similar 
in-use vehicles.
    (ii) For those vehicles parameters which the Administrator has not 
determined to be subject to adjustment during testing in accordance 
with Sec. 86.1833-01(a)(1), the vehicle presented to the Administrator 
for testing shall be calibrated within the production tolerances 
applicable to the manufacturer's specifications to be shown on the 
vehicle label (see Sec. 86.1807-01) as specified in the application for 
certification. If the Administrator determines that a vehicle is not 
within such tolerances, the vehicle will be adjusted, at the facility 
designated by the Administrator, prior to the test and an engineering 
report shall be submitted to the Administrator describing the 
corrective action taken. Based on the engineering report, the 
Administrator will determine if the vehicle will be used as an emission 
data vehicle.
    (2) If the Administrator determines that the test data developed on 
an emission data vehicle under paragraph (a)(1) of this section would 
cause that vehicle to fail under the provisions of Sec. 86.1841-01, 
then the following procedure shall be observed:
    (i) The manufacturer may request a retest. Before the retest, those 
vehicle or engine parameters which the Administrator has not determined 
to be subject to adjustment for certification testing in accordance 
with Sec. 86.1833-01(a)(1) may be readjusted to manufacturer's 
specification, if these adjustments were made incorrectly prior to the 
first test. The Administrator may adjust or cause to be adjusted any 
parameter which the Administrator has determined to be subject to 
adjustment to any setting within the physically adjustable range of 
that parameter, as determined by the Administrator in accordance with 
Sec. 86.1833-01(a)(3). Other maintenance or repairs may be performed in 
accordance with Sec. 86.1834-01. All work on the vehicle shall be done 
at such location and under such conditions as the Administrator may 
prescribe.
    (ii) The vehicle will be retested by the Administrator and the 
results of this test shall comprise the official data for the emission-
data vehicle.
    (3) If sufficient durability data are not available at the time of 
any emission test conducted under paragraph (a)(1) of this section to 
enable the Administrator to

[[Page 23958]]

determine whether an emission-data vehicle would fail, the manufacturer 
may request a retest in accordance with the provisions of paragraph 
(a)(2) of this section. If the manufacturer does not promptly make such 
request, he shall be deemed to have waived the right to a retest. A 
request for retest must be made before the manufacturer removes the 
vehicle from the test premises.
    (4) Retesting for fuel economy reasons may be conducted under the 
provisions of 40 CFR 600.008-01.
    (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 as measured in accordance 
with the procedures in 40 CFR Part 600 is higher than expected based on 
procedures approved by the Administrator;
    (iv) The fuel economy value as measured in accordance with the 
procedures in Part 600 of this title, 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 as measured in accordance with the 
procedures in Part 600 of this title, 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) For use in the fuel economy program described in 40 CFR part 
600, the manufacturer may, in lieu of conducting a retest, accept as 
official the lower of the original and confirmatory test fuel economy 
results.
    (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). In lieu of conducting a second retest, the manufacturer 
may accept as official (for use in the fuel economy program) the lowest 
of the original test, the first confirmatory test, and the second 
confirmatory test fuel economy results.
    (c) Official test determination. (1) Whenever the Administrator or 
the manufacturer conducts a confirmatory test segment on a test 
vehicle, the results of that test segment, unless subsequently 
invalidated by the Administrator, shall comprise the official data for 
that test segment for the vehicle at the prescribed test point and the 
manufacturer's original test data for that test segment for that 
prescribed test point shall not be used in determining compliance with 
emission standards.
    (i) If the Administrator or the manufacturer conducts more than one 
passing, valid, confirmatory test, the results from the first passing, 
valid confirmatory test shall be considered official and used in 
determining compliance with emission standards.
    (ii) Official test results for fuel economy purposes are determined 
in accordance with the provisions of 40 CFR 600.008-01.
    (iii) The Administrator may stop a test after any evaporative test 
segment and use as official data any valid results obtained up to that 
point in the test, as described in subpart B of this part.
    (2) Whenever the Administrator or the manufacturer does not conduct 
a confirmatory test on a test vehicle at a test point, the 
manufacturer's original test data will be accepted as the official data 
for that point.
    (i) If the Administrator makes a determination based on testing 
under paragraph (a) of this section (or other appropriate correlation 
test data), that there is a lack of correlation between the 
manufacturer's test equipment or procedures and the test equipment or 
procedures used by the Administrator, no manufacturer's test data will 
be accepted for purposes of certification until the reasons for the 
lack of correlation are determined and the validity of the data is 
established by the manufacturer.
    (ii) If the Administrator has reasonable basis to believe that any 
test data submitted by the manufacturer is not accurate or has been 
obtained in violation of any provisions of this subpart, the 
Administrator may refuse to accept that data as the official data 
pending retesting or submission of further information.
    (iii) If the manufacturer conducts more than one test on an 
emission data vehicle in the same configuration (excluding confirmatory 
tests run under paragraph (b) of this section), the data from the last 
test in that series of tests on that vehicle, will constitute the 
official data.
    (d) Upon request of the manufacturer, the Administrator may issue a 
conditional certificate of conformity for a test group which has not 
completed the Administrator testing required under paragraph (b) of 
this section. Such a certificate will be issued based upon the 
condition that the confirmatory testing be completed in an expedited 
manner and that the results of the testing be in compliance with all 
standards and procedures.
    (1) If, based on this testing or any other information, the 
Administrator later determines that the vehicles included in this test 
group do not meet the applicable standards, the Administrator will 
notify the manufacturer that the certificate is suspended. The 
certificate may be suspended in whole or in part as determined by the 
Administrator. Upon such a notification, the manufacturer must 
immediately cease the introduction of the affected vehicles into 
commerce. The manufacturer may request a hearing to appeal the 
Administrators decision using the provisions of Sec. 86.1853-01.
    (2) Production of vehicles by a manufacturer under the terms of 
this paragraph (d) will be deemed to be a consent to recall all 
vehicles in the test group which the Administrator determines do not 
meet applicable standards, and to cause such nonconformity to be 
remedied at no expense to the owner.


Sec. 86.1836-01  Manufacturer-supplied production vehicles for testing.

    Any manufacturer obtaining certification under this subpart shall 
supply to the Administrator, upon request, a reasonable number of 
production vehicles selected by the Administrator which are 
representative of the engines, emission control

[[Page 23959]]

systems, fuel systems, and transmission offered and typical of 
production models available for sale under the certificate. These 
vehicles shall be supplied for testing at such time and place and for 
such reasonable periods as the Administrator may require.


Sec. 86.1837-01  Rounding of emission measurements.

    Unless otherwise specified, the results of all emission tests shall 
be rounded to the number of places to the right of the decimal point 
indicated by expressing the applicable emission standard of this 
subpart to one additional significant figure, in accordance with the 
Rounding-Off Method specified in ASTM E29-93a, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference; see Sec. 86.1).


Sec. 86.1838-01  Small volume manufacturer certification procedures.

    (a) The small-volume manufacturers certification procedures 
described in paragraphs (b) and (c) of this section are optional. 
Small-volume manufacturers may use these optional procedures to 
demonstrate compliance with the general standards and specific emission 
requirements contained in this subpart.
    (b) Eligibility requirements. (1) Small volume manufacturers. (i) 
The optional small-volume manufacturers certification procedures apply 
to light-duty vehicles and light-duty trucks, produced by manufacturers 
with U.S. sales, including all vehicles and engines imported under the 
provisions of 40 CFR 85.1505 and 85.1509 (for the model year in which 
certification is sought) of fewer than 15,000 units (light-duty 
vehicles, light-duty trucks, heavy-duty vehicles and heavy-duty engines 
combined).
    (ii) If the aggregated U.S. sales of the manufacturer, as 
determined in paragraph (b)(3) of this section are fewer than 15,000 
units, the manufacturer (or each manufacturer in the case of 
manufacturers in an aggregated relationship) may certify under the 
provisions of paragraph (c) of this section.
    (2) Small Volume Test Groups. (i) If the aggregated U.S. sales of 
the manufacturer, as determined in paragraph (b)(3) of this section are 
equal to or greater than 15,000 units, then the manufacturer (or each 
manufacturer in the case of manufacturers in an aggregated 
relationship) will be allowed to certify a number of units under the 
small volume test group certification procedures in accordance with the 
criteria identified in paragraphs (b)(2)(ii) through (iv) of this 
section.
    (ii) If there are no additional manufacturers in an aggregated 
relationship meeting the provisions of paragraph (b)(3) of this 
section, then the manufacturer may certify whole test groups whose 
total aggregated sales (including heavy-duty engines) are less than 
15,000 units using the small volume provisions of paragraph (c) of this 
section.
    (iii) If there is an aggregated relationship with another 
manufacturer which satisfies the provisions of paragraph (b)(3) of this 
section, then the following provisions shall apply:
    (A) If none of the manufacturers own 50 percent or more of another 
manufacturer in the aggregated relationship, then each manufacturer may 
certify whole test groups whose total aggregated sales (including 
heavy-duty engines) are less than 15,000 units using the small volume 
provisions of paragraph (c) of this section.
    (B) If any of the manufacturers own 50 percent or more of another 
manufacturer in the aggregated relationship, then the limit of 14,999 
units must be shared among the manufacturers in such a relationship. In 
total for all the manufacturers involved in such a relationship, 
aggregated sales (including heavy-duty engines) of up to 14,999 units 
may be certified using the small volume provisions of paragraph (c) of 
this section. Only whole test groups shall be eligible for small volume 
status under paragraph (c) of this section.
    (iv) In the case of a joint venture arrangement (50/50 ownership) 
between two manufacturers, each manufacturer retains its eligibility 
for 14,999 units under the small-volume test group certification 
procedures, but the joint venture must draw its maximum 14,999 units 
from the units allocated to its parent manufacturers. Only whole test 
groups shall be eligible for small volume status under paragraph (c) of 
this section.
    (3) Sales Aggregation for Related Manufacturers. The projected or 
actual sales from different firms shall be aggregated in the following 
situations:
    (i) Vehicles and/or engines produced by two or more firms, one of 
which is 10 percent or greater part owned by another;
    (ii) Vehicles and/or engines produced by any two or more firms if a 
third party has equity ownership of 10 percent or more in each of the 
firms;
    (iii) Vehicles and/or engines produced by two or more firms having 
a common corporate officer(s) who is (are) responsible for the overall 
direction of the companies;
    (iv) Vehicles and/or engines imported or distributed by all firms 
where the vehicles and/or engines are manufactured by the same entity 
and the importer or distributor is an authorized agent of the entity.
    (c) Small-volume manufacturers and/or small volume test groups 
shall demonstrate compliance with the all applicable sections of this 
subpart except as provided in paragraphs (c)(1) and (2) of this 
section. Small volume manufacturers and/or test groups may optionally 
meet the following requirements:
    (1) Durability demonstration. Use the provisions of Sec. 86.1826-01 
rather than the requirements of Secs. 86.1823-01, 86.1824-01, and/or 
86.1825-01.
    (2) In-Use Verification testing. See Sec. 86.1845-01 for 
applicability of in-use verification testing to small volume 
manufacturers and small volume test groups except as noted in this 
paragraph (c)(2).
    (i) Small volume in-use verification test vehicles may be procured 
from customers or may be owned by, or under the control of the 
manufacturer, provided that the vehicle has accumulated mileage in 
typical operation on public streets and has received typical 
maintenance.
    (ii) In lieu of procuring small volume in-use verification test 
vehicles that have a minimum odometer reading of 50,000 miles, a 
manufacturer may demonstrate to the satisfaction of the Agency that, 
based on owner survey data, the average mileage accumulated after 4 
years for a given test group is less than 50,000 miles. The Agency may 
approve a lower minimum odometer reading based on such data.
    (iii) The provision of Sec. 86.1845-01(c)(2), which requires one 
vehicle of each test group during high mileage in-use verification 
testing to have a minimum odometer mileage of 75% of useful life, does 
not apply.
    (iv) Manufacturers intending to use the provisions of paragraphs 
(c)(2)(i) or (ii) of this section shall submit to the Agency, prior to 
the certification of the subject vehicles, a plan detailing how these 
provisions will be met.


Sec. 86.1839-01  Carryover of certification data.

    (a) In lieu of testing an emission-data or durability vehicle 
selected under Sec. 86.1822-01, Sec. 86.1828-01, or Sec. 86.1829-01, 
and submitting data therefrom, a manufacturer may submit exhaust 
emission data, evaporative emission data and/or refueling emission 
data, as applicable, on a similar vehicle for which certification has 
been obtained or for which all applicable data

[[Page 23960]]

required under Sec. 86.1845-01 has previously been submitted. To be 
eligible for this provision, the manufacturer must use good engineering 
judgment and meet the following criteria:
    (1) In the case of durability data, the manufacturer must determine 
that the previously generated durability data represent a worst case or 
equivalent rate of deterioration for all applicable emission 
constituents compared to the configuration selected for durability 
demonstration.
    (i) Prior to certification, the Administrator may require the 
manufacturer to provide data showing that the distribution of catalyst 
temperatures of the selected durability configuration is effectively 
equivalent or lower than the distribution of catalyst temperatures of 
the vehicle configuration which is the source of the previously 
generated data.
    (ii) For the 2001, 2002, and 2003 model years only, paragraph 
(a)(1) of this section does not apply to the use of exhaust emission 
deterioration factors meeting the requirements of Sec. 86.1823-
01(c)(2).
    (2) In the case of emission data, the manufacturer must determine 
that the previously generated emissions data represent a worst case or 
equivalent level of emissions for all applicable emission constituents 
compared to the configuration selected for emission compliance 
demonstration.
    (b) In lieu of using newly aged hardware on an EDV as allowed under 
the provisions of Sec. 86.1823-01(a)(3)(ii), a manufacturer may use 
similar hardware aged for an EDV previously submitted, provided that 
the manufacturer determines that the previously aged hardware 
represents a worst case or equivalent rate of deterioration for all 
applicable emission constituents for durability demonstration.


Sec. 86.1840-01  Special test procedures.

    (a) The Administrator may, on the basis of written application by a 
manufacturer, prescribe test procedures, other than those set forth in 
this part, for any light-duty vehicle or light-duty truck which the 
Administrator determines is not susceptible to satisfactory testing by 
the procedures set forth in this part.
    (b) If the manufacturer does not submit a written application for 
use of special test procedures but the Administrator determines that a 
light-duty vehicle or light-duty truck is not susceptible to 
satisfactory testing by the procedures set forth in this part, the 
Administrator shall notify the manufacturer in writing and set forth 
the reasons for such rejection in accordance with the provisions of 
Sec. 86.1848(a)(2).


Sec. 86.1841-01  Compliance with emission standards for the purpose of 
certification.

    (a) Certification levels of a test vehicle will be calculated for 
each emission constituent applicable to the test group for both full 
and intermediate useful life as appropriate.
    (1) If the durability demonstration procedure approved by the 
Administrator under the provisions of Secs. 86.1823-01, 86.1824-01, or 
86.1825-01 requires a DF to be calculated, the DF shall be applied to 
the official test results determined in Sec. 86.1835-01(c) for each 
regulated emission constituent and for full and intermediate useful 
life, as appropriate, using the following procedures:
    (i) For additive DF's, the DF will be added to the emission result. 
The sum will be rounded to the same level of precision as the standard 
for the constituent at full and/or intermediate useful life, as 
appropriate. This rounded sum is the certification level for that 
emission constituent and for that useful life mileage.
    (ii) For multiplicative DFs, the DF will be multiplied by the 
emission result for each regulated constituent. The product will be 
rounded to the same level of precision as the standard for the 
constituent at full and intermediate useful life, as appropriate. This 
rounded product is the certification level for that emission 
constituent and for that useful life mileage.
    (iii) For the SFTP composite standard of (NMHC+NOX), the 
measured results of NMHC and NOX must each be adjusted by 
their corresponding deterioration factors before the composite 
(NMHC+NOX) certification level is calculated.
    (2) If the durability demonstration procedure approved by the 
Administrator under the provisions of Sec. 86.1823-01, Sec. 86.1824-01, 
or Sec. 86.1825-01, as applicable, requires testing of the EDV with 
aged emission components, the official results of that testing 
determined under the provisions of Sec. 86.1835-01(c) shall be rounded 
to the same level of precision as the standard for each regulated 
constituent at full and intermediate useful life, as appropriate. This 
rounded emission value is the certification level for that emission 
constituent at that useful life mileage.
    (3) If the durability demonstration procedure approved by the 
Administrator under the provisions of Sec. 86.1823-01 requires neither 
a DF calculation nor EDV testing with aged hardware, the certification 
levels shall be calculated in accordance with the provisions approved 
under Sec. 86.1823-01(a)(3).
    (4) The rounding required in paragraph (a) of this section shall be 
conducted in accordance with the provisions of Sec. 86.1837-01.
    (b) To be considered in compliance with the standards for the 
purposes of certification, the certification levels for the test 
vehicle calculated in paragraph (a) of this section shall be less than 
or equal to the standards for all emission constituents to which the 
test group is subject, at both full and intermediate useful life as 
appropriate for that test group.
    (c) Every test vehicle of a test group must comply with all 
applicable exhaust emission standards before that test group may be 
certified.
    (d) Every test vehicle of an evaporative/refueling family must 
comply with all applicable evaporative and/or refueling emission 
standards before that family may be certified.


Sec. 86.1842-01  Addition of a vehicle after certification; and changes 
to a vehicle covered by certification.

    (a) Addition of a car line after certification. (1) If a 
manufacturer proposes to add to its product line a new car line of the 
same test group as vehicles previously certified but which was not 
described in the application for certification when the test vehicle(s) 
representing other vehicles of that combination was certified, it shall 
notify the Administrator. This notification shall include a full 
description of the vehicle to be added.
    (2) The manufacturer shall perform such tests on the test 
vehicle(s) representing the vehicle to be added which would have been 
required if the vehicle had been included in the original application 
for certification.
    (3) If, after a review of the test reports and data submitted by 
the manufacturer, and data derived from any testing conducted under 
Sec. 86.1835-01, the Administrator determines that the test vehicle(s) 
or test engine(s) meets all applicable standards, the appropriate 
certificate will be amended accordingly. If the Administrator 
determines that the test vehicle(s) does not meet applicable standards, 
she/he will proceed under Sec. 86.1850-01.
    (b) Changes to the configuration of vehicles covered by a 
Certificate of Conformity. (1) A manufacturer will notify the 
Administrator concurrently with (or in advance of) any change or 
addition in production vehicles which

[[Page 23961]]

creates a new vehicle configuration within the car lines covered in a 
certified test group, giving a full description of the change. Such a 
change is referred to as a running change. Upon notification, the 
manufacturer may begin production of the running change if the 
manufacturer determines that following the change all affected vehicles 
will still meet the applicable emission standards.
    (i) Such notification shall include a full description of the 
addition or change and any supporting documentation the manufacturer 
may desire to include to support the manufacturer's determination in 
accordance with Sec. 86.1844-01.
    (ii) The manufacturer's determination that the addition or change 
does not cause noncompliance shall be based on an engineering 
evaluation of the addition or change and/or testing.
    (2) The Administrator may require that additional emission testing 
be performed to support the manufacturer's determination submitted in 
paragraph (b)(1) of this section. If additional testing is required the 
Administrator shall proceed in accordance with paragraph (a)(3) of this 
section. Additional test data, if requested, must be provided within 30 
days of the request or the manufacturer must rescind the addition or 
change immediately. The Administrator may grant additional time to 
complete testing. If based on this additional testing or any other 
information, the Administrator determines that the vehicles affected by 
the addition or change do not meet the applicable standards the 
Administrator will notify the manufacturer to rescind the addition or 
change immediately upon receipt of the notification.
    (c) Election to produce vehicles under this section will be deemed 
to be a consent to recall all vehicles which the Administrator 
determines under paragraph (a) or (b) of this section do not meet 
applicable standards, and to cause such nonconformity to be remedied at 
no expense to the owner.


Sec. 86.1843-01  General information requirements.

    (a) A manufacturer must submit a separate Application for 
Certification (Application) for each durability group in a format 
approved by the Administrator and in multiple copies as designated by 
the Administrator. Any information within the Application which is 
unique to a specific test group must be submitted for each test group.
    (b) Any manufacturer that fails to comply with any information 
requirements of Secs. 86.1843-01 and 86.1844-01 may be subject to the 
following provisions:
    (1) The Application (Part 1 and Part 2) and any additional 
information as designated by the Administrator shall be submitted for 
all durability groups prior to certification for subsequent model 
years, until otherwise notified by the Administrator. The Application 
shall be updated concurrently with every running change.
    (2) Provisions of Sec. 86.1850-01 may be imposed.
    (3) Civil penalties and remedial action as applicable under the 
Clean Air Act may be imposed.
    (c) Part 1 of the Application. Part 1, which shall include the 
items listed in Sec. 86.1844-01(d), must be submitted to the 
Administrator before a certificate of conformity will be issued.
    (d) Part 2 of the Application. Part 2, which shall include the 
items listed in Sec. 86.1844-01(e), must be submitted to the 
Administrator by January 1st of the applicable model year. If a test 
group is certified less than 60 days prior to January 1st of the 
applicable model year, Part 2 must be submitted to the Administrator 
within 90 days of the effective date on the applicable certificate of 
conformity.
    (e) Running change submissions. Each running change notification, 
as required under Sec. 86.1842-01, must include the information listed 
in Sec. 86.1844-01(f) and shall be submitted to the Administrator 
concurrently with, or in advance of, the implementation of any change 
incorporated onto production vehicles.
    (f) Updates to the Application for Certification. (1) The 
manufacturer must submit an update to the Part 1 Application by January 
1st of the applicable model year to incorporate any running changes 
and/or corrections which occurred after certification. If a test group 
is certified less than 60 days prior to January 1st of the applicable 
model year, this update may be submitted to the Administrator within 90 
days of the effective date on the applicable certificate of conformity.
    (2) The manufacturer must submit a final update to Part 1 and Part 
2 of the Application by January 1st of the subsequent model year to 
incorporate any applicable running changes or corrections which 
occurred between January 1st of the applicable model year and the end 
of the model year. A manufacturer may request the Administrator to 
grant an extension (of no more than 90 days) for submittal of the final 
update. The request must clearly indicate the circumstances 
necessitating the extension.
    (3) The manufacturer may not use updates to its application to 
correct a misbuild situation with respect to vehicles already 
introduced into commerce.
    (g) Information to be submitted upon request. Upon written request 
by the Administrator, a manufacturer shall submit any information as 
described in Sec. 86.1844-01 within 15 business days. A manufacturer 
may request the Administrator to grant an extension. The request must 
clearly indicate the circumstances necessitating the extension.
    (h) In-use information requirements. All information requirements 
of the in-use verification and confirmatory programs of Secs. 86.1845-
01 and 86.1846-01 must be met by the due dates listed in Sec. 86.1847-
01.


Sec. 86.1844-01  Information requirements: Application for 
certification and submittal of information upon request.

    (a) All information listed in this section must be submitted to the 
Agency according to the requirements specified in Sec. 86.1843-01.
    (b) Nothing in this section limits the Administrator's discretion 
to require the manufacturer to submit additional records not 
specifically required by this section.
    (c) Routine emission test records shall be retained by the 
manufacturer for a period of one (1) year after issuance of all 
certificates of conformity to which they relate. All records, other 
than routine emission test records, required to be produced by the 
manufacturer under this title shall be made available upon written 
request by the Administrator for a period of eight years after issuance 
of all certificates of conformity to which they relate.
    (d) Part 1 Application. Part 1 must contain the following items:
    (1) Correspondence and communication information, such as names, 
mailing addresses, phone and fax numbers, and e-mail addresses of all 
manufacturer representatives authorized to be in contact with EPA 
compliance staff. The address where official documents, such as 
certificates of conformity, are to be mailed must be clearly 
identified. At least one U.S. contact must be provided.
    (2) A description of the durability group in accordance with the 
criteria listed in Sec. 86.1820-01, or as otherwise used to group a 
product line.
    (3) A description of applicable evaporative/refueling families in 
accordance with the criteria listed in Sec. 86.1821-01, or as otherwise 
used to group a product line.

[[Page 23962]]

    (4) A description of the test procedures used to establish 
durability and exhaust and evaporative/refueling emission deterioration 
factors as required to be determined and supplied in Secs. 86.1823-01, 
86.1824-01 and 86.1825-01 when applicable.
    (5) A description of each test group in accordance with the 
criteria listed in Sec. 86.1827-01 or as otherwise used to group a 
product line.
    (6) Identification and description of all vehicles for which 
testing is required by Secs. 86.1822-01 and 86.1828-01 to obtain a 
certificate of conformity.
    (7) A comprehensive list of all test results, including official 
certification levels, and the applicable intermediate and full useful 
life emission standards to which the test group is to be certified as 
required in Sec. 86.1829-01.
    (8) A statement that all applicable vehicles will conform with the 
emission standards for which emission data is not being provided, as 
allowed under Sec. 86.1829-01. The statement shall clearly identify the 
standards for which emission testing was not completed.
    (9) Information which describes each emission control diagnostic 
system required by Sec. 86.1806-01 including:
    (i) A description of the functional operation characteristics of 
the diagnostic system;
    (ii) The general method of detecting malfunctions for each 
emission-related powertrain component;
    (iii) Any deficiencies, including resolution plans and schedules.
    (10) A description of all flexible or dedicated alternate fuel 
vehicles including, but not limited to, the fuel and/or percentage of 
alternate fuel for all such vehicles.
    (11) A list of all auxiliary emission control devices (AECD) 
installed on any applicable vehicles, including a justification for 
each AECD, the parameters they sense and control, a detailed 
justification of each AECD which results in a reduction in 
effectiveness of the emission control system, and rationale for why the 
AECD is not a defeat device as defined under Sec. 86.1809-01.
    (12) Identification and description of all vehicles covered by each 
certificate of conformity to be produced and sold within the U.S. The 
description must be sufficient to identify whether any given in-use 
vehicle is, or is not, covered by a given certificate of conformity, 
the test group and the evaporative/refueling family to which it belongs 
and the standards that are applicable to it, by matching readily 
observable vehicle characteristics and information given in the 
emission control information label (and other permanently attached 
labels) to indicators in the Part 1 Application. In addition, the 
description must be sufficient to determine for each vehicle covered by 
the certificate, all appropriate test parameters and any special test 
procedures necessary to conduct an official certification exhaust or 
evaporative emission test as was required by this subpart to 
demonstrate compliance with applicable emission standards. The 
description shall include, but is not limited to, information such as 
model name, vehicle classification (LDV or LDT), sales area, engine 
displacement, engine code, transmission type, tire size and parameters 
necessary to conduct exhaust emission tests such as equivalent test 
weight, curb and gross vehicle weight, test horsepower (with and 
without air conditioning adjustment), coast down time, shift schedules, 
cooling fan configuration, etc and evaporative tests such as canister 
working capacity, canister bed volume and fuel temperature profile. The 
Part 1 may include ranges for test parameters in lieu of actual values.
    (13) Projected U.S. vehicle sales volumes for each test group and 
evaporative/refueling family combination organized in such a way to 
determine projected compliance with any applicable implementation 
schedules or minimum sales requirements as specified in Sec. 86.1810 or 
as otherwise required by this chapter.
    (14) A request for a certificate of conformity for each test group 
after all required testing has been completed. The request must be 
signed by an authorized manufacturer representative and include a 
statement that the test group complies with all applicable regulations 
contained within this chapter.
    (e) Part 2 Application. Part 2 must contain the following items:
    (1) A list of part numbers of all emission-related components and 
AECDs for each emission control system, including those found on actual 
components. The part numbers shall be organized by engine code or other 
similar classification scheme.
    (2) Basic calibration information, organized by engine code (or 
other similar classification scheme), for the major components of the 
fuel system, EGR system, ignition system, oxygen sensor(s) and 
thermostat. Examples of major components and associated calibration 
information include, but are not limited to; fuel pump and fuel pump 
flow rate, fuel pressure regulator and regulated fuel pressure, EGR 
valve and EGR exhaust gas flow rate at specified vacuum levels, EGR 
vacuum regulator and regulated vacuum, EGR orifice and orifice 
diameter, basic engine timing, timing RPM, idle rpm, spark plug gap, 
oxygen sensor output (mV), and thermostat opening temperature.
    (3) Identification and description of all vehicles covered by each 
certificate of conformity to be produced and sold within the U.S. The 
description must be sufficient to identify whether any given in-use 
vehicle is, or is not, covered by a given certificate of conformity, 
the test group and the evaporative/refueling family to which it belongs 
and the standards that are applicable to it, by matching readily 
observable vehicle characteristics and information given in the 
emission control information label (and other permanently attached 
labels) to indicators in the Part 1 Application. In addition, the 
description must be sufficient to determine for each vehicle covered by 
the certificate, all appropriate test parameters and any special test 
procedures necessary to conduct an official certification exhaust or 
evaporative emission test as was required by this subpart to 
demonstrate compliance with applicable emission standards. The 
description shall include, but is not limited to, information such as 
model name, vehicle classification (LDV or LDT), sales area, engine 
displacement, engine code, transmission type, tire size and parameters 
necessary to conduct exhaust emission tests such as equivalent test 
weight, curb and gross vehicle weight, test horsepower (with and 
without air conditioning adjustment), coast down time, shift schedules, 
cooling fan configuration, etc and evaporative tests such as canister 
working capacity, canister bed volume and fuel temperature profile. 
Actual values must be provided for all parameters.
    (4) Final U.S. vehicle sales volumes for each test group and 
evaporative/refueling family combination organized in such a way to 
verify compliance with any applicable implementation schedules. Final 
sales are not required until the final update to the Part 2 Application 
at the end of the model year.
    (i) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sale to be used in lieu of actual U.S. sales. 
The petition must establish that production volume is functionally 
equivalent to sales volume.
    (ii) The U.S. sales volume shall be based on the location of the 
point of sale to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale.
    (5) Copies of all service manuals, service bulletins and 
instructions regarding the use, repair, adjustment,

[[Page 23963]]

maintenance, or testing of such vehicles relevant to the control of 
crankcase, exhaust or evaporative emissions, as applicable, issued by 
the manufacturer (in written or electronic form) for use by other 
manufacturers, assembly plants, distributors, dealers, and ultimate 
purchasers. These shall be submitted to the Agency when they are made 
available to the public and must be updated as appropriate throughout 
the useful life of the corresponding vehicles.
    (f) Running change submissions. A manufacturer shall submit to the 
Administrator a notification of all running changes as required in 
accordance with Secs. 86.1842-01 and 86.1843-01 at the time each change 
is incorporated into production. Each running change notification shall 
include:
    (1) A detailed description of the change;
    (2) The reason for the change;
    (3) The portion of the product line that is affected by the change, 
including information sufficient to identify whether any given in-use 
vehicle includes the change;
    (4) The effect the change will have on emissions;
    (5) Any test data that is determined to be necessary to demonstrate 
compliance with applicable emission standards; and
    (6) A summary report for each test group which provides an overview 
of all running changes that have been incorporated since certification.
    (g) The manufacturer shall provide the following information, or 
other information as deemed necessary by the Administrator, to the 
Agency upon written request by the Administrator. This includes any 
information, or explanations of such information specified in 
paragraphs (d), (e), and (f) of this section.
    (1) A detailed description of the basis for all good engineering 
judgment decisions that were required to be made by the manufacturer. 
These include, but are not limited to, placement of vehicles into 
durability and test groups, the appropriateness of a durability process 
for future model years, worst-case vehicle selections for durability 
and emission data purposes, and carry-over or carry-across of emission 
test data.
    (2) The basis used for all compliance statements submitted under 
this section. Each statement must be supported by the manufacturer 
using good engineering judgment and should include any emission test 
data, development test data, or other supporting information deemed 
necessary. This includes information necessary to demonstrate 
compliance with any emission standards for which a compliance statement 
was submitted in lieu of actual emission test data as allowed under 
Sec. 86.1810.
    (3) Detailed technical descriptions of emission-related components 
and AECDs, including schematic diagrams and hose and wire routings 
which describe the fundamental operating characteristics of each 
emission control system.
    (4) Detailed calibration specifications for all emission-related 
components and AECDs.
    (5) Any information necessary to demonstrate that no defeat devices 
are present on any vehicles covered by a certificate including, but not 
limited to, a description of the technology employed to control CO 
emissions at intermediate temperatures.
    (6) The following information describing any adjustable parameters:
    (i) A list of those parameters which are physically capable of 
being adjusted (including those adjustable parameters for which access 
is difficult) and that, if adjusted to settings other than the 
manufacturer's recommended setting, may affect emissions;
    (ii) A specification of the manufacturer's intended physically 
adjustable range of each such parameter, and the production tolerances 
of the limits or stops used to establish the physically adjustable 
range;
    (iii) A description of the limits or stops used to establish the 
manufacturer's intended physically adjustable range of each adjustable 
parameter, or any other means used to inhibit adjustment;
    (iv) The nominal or recommended setting, and the associated 
production tolerances, for each such parameter;
    (v) The specifications used during all emission testing required by 
this subpart.
    (7) A history of each motor vehicle used for certification testing, 
including a general description of the buildup of the vehicle and 
engine. Each history shall begin when any of the selection or buildup 
activities occur and should include details of the use of the vehicle 
for development testing. Each history must include a description of the 
origin and selection process for fuel system components, fuel injection 
components and emission control system components and specify the steps 
taken to assure that the certification vehicle will be representative 
of production vehicles.
    (8) A record of all emission tests performed on all durability and 
emission data vehicles required to be tested by this subpart including 
test results, the date and purpose of each test, and the number of 
miles accumulated on the vehicle.
    (9) A record and description of any significant events (including 
extraordinary events such as vehicle accidents or dynamometer runaway) 
affecting any certification test vehicle, including all maintenance, 
servicing or tests performed to diagnose engine or emission control 
system performance. The date and time of each event and an explanation 
must be included.
    (10) For vehicles with non-integrated refueling emission control 
systems, a description of the drivedown used to purge the refueling 
canister and a description of the procedures used to determine the 
number of equivalent UDDS cycles required to purge the refueling 
canisters, as determined from the fuel economy on the UDDS applicable 
to the test vehicle of that evaporative/refueling family and emission 
control system combination required to use a volume of fuel equal to 
85% of fuel tank volume and from subpart B of this part.
    (11) A description of all procedures, including any special 
procedures, used to comply with applicable test requirements of this 
subpart. Any special procedures used to establish durability data or 
emission deterioration factors required to be determined under 
Secs. 86.1823-01, 86.1824-01 and 86.1825-01 and to conduct emission 
tests required to be performed on applicable emission data vehicles 
under Sec. 86.1829-01 according to test procedures contained within 
this Title must also be included.
    (12) A description of any unique procedures required to perform 
evaporative/refueling emission tests for all vehicles in each 
evaporative/refueling family and a description of the method used to 
develop those unique procedures, including canister working capacity, 
canister bed volume and fuel temperature profile for the running loss 
test.
    (13) A description of the method to be used to decode vehicle 
identification numbers.
    (h) In-use information requirements. Manufacturers must submit the 
information required in Sec. 86.1847-01.


Sec. 86.1845-01  Manufacturer in-use verification testing requirements.

    (a) General requirements. A manufacturer of light-duty vehicles and 
light-duty trucks shall test, or cause to have tested a specified 
number of light-duty vehicles and light-duty trucks. Such testing shall 
be conducted in accordance with the provisions of this section. For 
purposes of this section, the

[[Page 23964]]

term vehicle shall include light-duty vehicles and light-duty trucks.
    (b) Low mileage testing. [Reserved].
    (c) High-mileage testing. (1) Test Groups. Testing must be 
conducted for each test group.
    (2) Vehicle mileage: All test vehicles must have a minimum odometer 
mileage of 50,000 miles. At least one vehicle of each test group must 
have a minimum odometer mileage of 75% of useful life. See 
Sec. 86.1838-01(c)(2) for small volume manufacturer mileage 
requirements.
    (3) Number of test vehicles. For each test group, the minimum 
number of vehicles that must be tested is specified in Table S01-06 and 
Table S01-07 of this paragraph (c)(3). After testing the minimum number 
of vehicles of a specific test group as specified in Table S01-06 and 
Table S01-07 of this paragraph (c)(3), a manufacturer may test 
additional vehicles upon request and approval by the Agency prior to 
the initiation of the additional testing. Any additional testing must 
be completed within the testing completion requirements shown in 
Sec. 86.1845-01(c)(4). The request and Agency approval (if any) shall 
apply to test groups on a case by case basis and apply only to testing 
under this paragraph. In addition to the testing specified in Table 
S01-06 and Table S02-07 of this paragraph (c)(3), a manufacturer shall 
test one vehicle from each evaporative/refueling family for 
evaporative/refueling emissions. If a manufacturer believes it is 
unable to procure the test vehicles necessary to test the required 
number of vehicles in a test group as specified in Table S01-06 or 
Table S01-07 of this paragraph (c)(3), the manufacturer may request, 
subject to Administrator approval, a decreased sample size for that 
test group. The request shall include a description of the methods the 
manufacturer has used to procure the required number of vehicles. The 
approval of any such request, and the substitution of an alternative 
sample size requirement for the test group, will be based on a review 
of the procurement efforts made by the manufacturer to determine if all 
reasonable steps have been taken to procure the required test group 
size. Tables S01-06 and S01-07 follow:

                                    Table S01-06.--Small Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
             49 and 50 State total sales \1\                               1-5000                   5001-14,999
----------------------------------------------------------------------------------------------------------------
High Mileage.............................................  Voluntary............................              2
----------------------------------------------------------------------------------------------------------------
\1\ Manufacturer's total annual sales.


                                    Table S01-07.--Large Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
 49 and 50 State annual sales \1\       1-5000 \2\        5001-14,999     1-50,000   50,001-250,000    >250,000
--------------------------------------------------------------\2\-----------\3\---------------------------------
High Mileage.....................  Voluntary..........              2             4              5            6
----------------------------------------------------------------------------------------------------------------
\1\ Sales by test group.
\2\ Total annual production of groups eligible for testing under small volume sampling plan is capped at a
  maximum of 14,999 vehicle 49 or 50 state annual sales, or a maximum of 4,500 vehicle California only sales per
  model year, per large volume manufacturer.
\3\ Sampling plan applies to all of a manufacturer's remaining groups in this sales volume category when the
  maximum annual cap on total sales of small groups eligible for the small volume sampling plan is exceeded.

    (4) Initiation and completion of testing. Testing of a test group 
(or evaporative refueling family) must commence within 4 years of the 
end of production of the test group (or evaporative/refueling family) 
and be completed within 5 years of the end of production of the test 
group (or evaporative/refueling family).
    (5) Emission testing. (i) Each test vehicle shall be tested in 
accordance with the Federal Test Procedure and the US06 portion of the 
Supplemental Federal Test Procedure as described in subpart B of this 
part, when such test vehicle is tested for compliance with applicable 
exhaust emission standards under this subpart. The US06 portion of the 
SFTP is not required to be performed on vehicles certified in 
accordance with the National LEV provisions of subpart R of this part. 
One test vehicle from each test group shall receive a Federal Test 
Procedure at high altitude. The test vehicle tested at high altitude is 
not required to be one of the same test vehicles tested at low 
altitude. The test vehicle tested at high altitude is counted when 
determining the compliance with the requirements shown in Table S01-06 
and Table S01-07 in paragraph (c)(3) of this section or the expanded 
sample size as provided for in this paragraph (c).
    (ii) One test vehicle of each evaporative/refueling family shall be 
tested in accordance with the evaporative emission and refueling 
emission test procedures described in subpart B of this part, when such 
test vehicle is tested for compliance with applicable evaporative 
emission and refueling emission standards under this subpart. The test 
vehicles tested to fulfill the evaporative/refueling testing 
requirement of this paragraph (c)(5)(ii) will be counted when 
determining compliance with the minimum number of vehicles as specified 
in Table S01-06 and Table S01-07 in paragraph (c)(3) of this section 
for testing under paragraph (b)(5)(i) of this section only if the 
vehicle is also tested for exhaust emissions under the requirements of 
paragraph (b)(5)(i) of this section.
    (6) Each test vehicle not rejected based on the criteria specified 
in Appendix II to this Subpart shall be tested in as-received 
condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance 
and/or testing on any vehicle. Any such maintenance and/or testing 
shall be reported to the Agency as specified in Sec. 86.1847-01.
    (d) Test vehicle procurement. (1) Vehicles tested under this 
section shall be procured pursuant to the provisions of this paragraph 
(d). Vehicles shall be procured from the group of persons who own or 
lease vehicles registered in the procurement area.
    (2) Vehicles shall be procured from persons which own or lease the 
vehicle, excluding commercial owners/lessees which are owned or 
controlled by the vehicle manufacturer, using the procedures described 
in Appendix I to this subpart. See Sec. 86.1838(c)(2)(i) for small 
volume manufacturer requirements.
    (3) Geographical limitations. (i) Test groups certified to 50-state 
standards: For low altitude testing no more than fifty percent of the 
test vehicles may be procured from California. The test

[[Page 23965]]

vehicles procured from the 49 state area must be procured from a 
location with a heating degree day 30 year annual average equal to or 
greater than 4000.
    (ii) Test groups certified to 49 state standards: The test vehicles 
procured from the 49 state area must be procured from a location with a 
heating degree day 30 year annual average equal to or greater than 
4000.
    (iii) Vehicles procured for high altitude testing may be procured 
from any area located above 4000 feet.
    (4) Vehicles may be rejected for procurement or testing under this 
section if they meet one or more of the rejection criteria in Appendix 
II of this subpart. Vehicles may also be rejected after testing under 
this section if they meet one or more of the rejection criteria in 
Appendix II of this subpart. Any vehicle rejected after testing must be 
replaced in order that the number of test vehicles in the sample comply 
with the sample size requirements of this section. Any post-test 
vehicle rejection and replacement procurement and testing must take 
place within the testing completion requirements of this section.
    (e) Testing facilities, procedures, quality assurance and quality 
control. (1) Lab equipment and procedural requirements. The 
manufacturer shall utilize a test laboratory that is in accordance with 
the equipment and procedural requirements of subpart B to conduct the 
testing required by this section.
    (2) The manufacturer shall notify the Agency of the name and 
location of the testing laboratory(s) to be used to conduct testing of 
vehicles of each model year conducted pursuant to this section. Such 
notification shall occur at least thirty working days prior to the 
initiation of testing of the vehicles of that model year.
    (3) Correlation. The manufacturer shall document correlation 
traceable to the Environmental Protection Agency's National Vehicle and 
Fuel Emission Laboratory for its test laboratory utilized to conduct 
the testing required by this section.


Sec. 86.1845-04  Manufacturer in-use verification testing requirements.

    (a) General requirements. A manufacturer of light-duty vehicles and 
light-duty trucks shall test, or cause to have tested a specified 
number of light-duty vehicles and light-duty trucks. Such testing shall 
be conducted in accordance with the provisions of this section. For 
purposes of this section, the term vehicle shall include light-duty 
vehicles and light-duty trucks.
    (b) Low-mileage testing. (1) Test Groups. Testing must be conducted 
for each test group.
    (2) Vehicle mileage. All test vehicles must have a minimum odometer 
mileage of 10,000 miles.
    (3) Number of test vehicles. For each test group, the minimum 
number of vehicles that must be tested is specified in Table S04-06 and 
Table S04-07 of this paragraph (b)(3). After testing the minimum number 
of vehicles of a specific test group as specified in Table S04-06 or 
S04-07 of this paragraph (b)(3), a manufacturer may test additional 
vehicles upon request and approval by the Agency prior to the 
initiation of the additional testing. Any additional testing must be 
completed within the testing completion requirements shown in 
Sec. 86.1845-04(b)(4). The request and Agency approval (if any) shall 
apply to test groups on a case by case basis and apply only to testing 
under this paragraph. Separate approval will be required to test 
additional vehicles under paragraph (c) of this section. In addition to 
the testing specified in Table S04-06 and Table S04-07 of this 
paragraph (b)(3), a manufacturer shall test one vehicle from each 
evaporative/refueling family for evaporative/refueling emissions. If a 
manufacturer believes it is unable to procure the test vehicles 
necessary to test the required number of vehicles in a test group, the 
manufacturer may request, subject to Administrator approval, a 
decreased sample size for that test group. The request shall include a 
description of the methods the manufacturer has used to procure the 
required number of vehicles. The approval of any such request, and the 
substitution of an alternative sample size requirement for the test 
group, will be based on a review of the procurement efforts made by the 
manufacturer to determine if all reasonable steps have been taken to 
procure the required test group size. Tables S04-06 and S04-07 follow:

                                    Table S04-06.--Small Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
             49 and 50 State total sales \1\                               1-5000                   5001-14,999
----------------------------------------------------------------------------------------------------------------
Low Mileage..............................................  Voluntary............................               0
High Mileage.............................................  Voluntary............................               2
----------------------------------------------------------------------------------------------------------------
\1\ Manufacturer's total annual sales.


                                    Table S04-07.--Large Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
 49 and 50 State annual sales \1\       1-5000 \2\        5001-14,999     1-50,000   50,001-250,000    >250,000
--------------------------------------------------------------\2\-----------\3\---------------------------------
Low Mileage......................  Voluntary..........              0             2              3             4
High Mileage.....................  Voluntary..........              2             4              5            6
----------------------------------------------------------------------------------------------------------------
\1\ Sales by test group.
\2\ Total annual production of groups eligible for testing under small volume sampling plan is capped at a
  maximum of 14,999 vehicle 49 or 50 state annual sales, or a maximum of 4,500 vehicle California only sales per
  model year, per large volume manufacturer.
\3\ Sampling plan applies to all of a manufacturer's remaining groups in this sales volume category when the
  maximum annual cap on total sales of small groups eligible for the small volume sampling plan is exceeded.

    (4) Completion of testing. Testing of the vehicles in a test group 
and evaporative/refueling family must be completed within one year of 
the end of production of that test group (or evaporative/refueling 
family) for that model year.
    (5) Emission testing. (i) Each test vehicle of a test group shall 
be tested in accordance with the Federal Test Procedure and the US06 
portion of the Supplemental Federal Test Procedure as described in 
subpart B of this part, when such test vehicle is tested for compliance 
with applicable exhaust emission standards under this subpart.

[[Page 23966]]

    (ii) One test vehicle of each evaporative/refueling family shall be 
tested in accordance with the evaporative emission and refueling 
emission test procedures described in subpart B of this part, when such 
test vehicle is tested for compliance with applicable evaporative 
emission and refueling emission standards under this subpart. The test 
vehicles tested to fulfill the evaporative/refueling testing 
requirement of this paragraph (b)(5)(ii) will be counted when 
determining compliance with the minimum number of vehicles as specified 
in Table S04-06 and Table S04-07 in paragraph (b)(3) of this section 
for testing under paragraph (b)(5)(i) of this section only if the 
vehicle is also tested for exhaust emissions under the requirements of 
paragraph (b)(5)(i) of this section.
    (6) Each test vehicle not rejected based on the criteria specified 
in Appendix II to this Subpart shall be tested in as-received 
condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance 
and/or testing of any vehicle. Any such maintenance and/or testing 
shall be reported to the Agency as specified in Sec. 86.1847-01.
    (c) High-mileage testing. (1) Test Groups. Testing must be 
conducted for each test group.
    (2) Vehicle mileage: All test vehicles must have a minimum odometer 
mileage of 50,000 miles. At least one vehicle of each test group must 
have a minimum odometer mileage of 75% of useful life. See 
Sec. 86.1838-01(c)(2) for small volume manufacturer mileage 
requirements.
    (3) Number of test vehicles. For each test group, the minimum 
number of vehicles that must be tested is specified in Table S04-06 and 
Table S04-07 in paragraph (b)(3) of this section. After testing the 
minimum number of vehicles of a specific test group as specified in 
Table S04-06 and Table S04-07 in paragraph (b)(3) of this section, a 
manufacturer may test additional vehicles upon request and approval by 
the Agency prior to the initiation of the additional testing. Any 
additional testing must be completed within the testing completion 
requirements shown in Sec. 86.1845-04(c)(4). The request and Agency 
approval (if any) shall apply to test groups on a case by case basis 
and apply only to testing under this paragraph (c). In addition to the 
testing specified in Table S04-06 and Table S04-07 in paragraph (b)(3) 
of this section, a manufacturer shall test one vehicle from each 
evaporative/refueling family for evaporative/refueling emissions. If a 
manufacturer believes it is unable to procure the test vehicles 
necessary to test the required number of vehicles in a test group as 
specified in Table S04-06 or Table S04-07 in paragraph (b)(3) of this 
section, the manufacturer may request, subject to Administrator 
approval, a decreased sample size for that test group. The request 
shall include a description of the methods the manufacturer has used to 
procure the required number of vehicles. The approval of any such 
request, and the substitution of an alternative sample size requirement 
for the test group, will be based on a review of the procurement 
efforts made by the manufacturer to determine if all reasonable steps 
have been taken to procure the required test group size.
    (4) Initiation and completion of testing. Testing of a test group 
(or evaporative refueling family) must commence within 4 years of the 
end of production of the test group (or evaporative/refueling family) 
and be completed within 5 years of the end of production of the test 
group (or evaporative/refueling family).
    (5) Emission testing. (i) Each test vehicle shall be tested in 
accordance with the Federal Test Procedure and the US06 portion of the 
Supplemental Federal Test Procedure as described in subpart B of this 
part, when such test vehicle is tested for compliance with applicable 
exhaust emission standards under this subpart. The US06 portion of the 
SFTP is not required to be performed on vehicles certified in 
accordance with the National LEV provisions of subpart R of this part. 
One test vehicle from each test group shall receive a Federal Test 
Procedure at high altitude. The test vehicle tested at high altitude is 
not required to be one of the same test vehicles tested at low 
altitude. The test vehicle tested at high altitude is counted when 
determining the compliance with the requirements shown in Table S04-06 
and Table S04-07 in paragraph (b)(3) of this section or the expanded 
sample size as provided for in this paragraph (c).
    (ii) One test vehicle of each evaporative/refueling family shall be 
tested in accordance with the evaporative emission and refueling 
emission test procedures described in subpart B of this part, when such 
test vehicle is tested for compliance with applicable evaporative 
emission and refueling emission standards under this subpart. The test 
vehicles tested to fulfill the evaporative/refueling testing 
requirement of this paragraph (b)(5)(ii) will be counted when 
determining compliance with the minimum number of vehicles as specified 
in Table S04-06 and table S04-07 in paragraph (b)(3) of this section 
for testing under paragraph (b)(5)(i) of this section only if the 
vehicle is also tested for exhaust emissions under the requirements of 
paragraph (b)(5)(i) of this section.
    (6) Each test vehicle not rejected based on the criteria specified 
in Appendix II to this subpart shall be tested in as-received 
condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance 
and/or testing on any vehicle. Any such maintenance and/or testing 
shall be reported to the Agency as specified in Sec. 86.1847-01.
    (d) Test vehicle procurement.
    (1) Vehicles tested under this section shall be procured pursuant 
to the provisions of this paragraph (d). Vehicles shall be procured 
from the group of persons who own or lease vehicles registered in the 
procurement area.
    (2) Vehicles shall be procured from persons which own or lease the 
vehicle, excluding commercial owners/lessees which are owned or 
controlled by the vehicle manufacturer, using the procedures described 
in Appendix I to this subpart. See Sec. 86.1838(c)(2)(i) for small 
volume manufacturer requirements.
    (3) Geographical limitations. (i) Test groups certified to 50-state 
standards: For low altitude testing no more than fifty percent of the 
test vehicles may be procured from California. The test vehicles 
procured from the 49 state area must be procured from a location with a 
heating degree day 30 year annual average equal to or greater than 
4000.
    (ii) Test groups certified to 49 state standards: The test vehicles 
procured from the 49 state area must be procured from a location with a 
heating degree day 30 year annual average equal to or greater than 
4000.
    (iii) Vehicles procured for high altitude testing may be procured 
from any area located above 4000 feet.
    (4) Vehicles may be rejected for procurement or testing under this 
section if they meet one or more of the rejection criteria in Appendix 
II to this subpart. Vehicles may also be rejected after testing under 
this section if they meet one or more of the rejection criteria in 
Appendix II to this subpart. Any vehicle rejected after testing must be 
replaced in order that the number of test vehicles in the sample comply 
with the sample size requirements of this section. Any post-test 
vehicle rejection and replacement procurement and testing must take 
place within the testing completion requirements of this section.
    (e) Testing facilities, procedures, quality assurance and quality 
control. (1) Lab equipment and procedural

[[Page 23967]]

requirements. The manufacturer shall utilize a test laboratory that is 
in accordance with the equipment and procedural requirements of subpart 
B of this part to conduct the testing required by this section.
    (2) The manufacturer shall notify the Agency of the name and 
location of the testing laboratory(s) to be used to conduct testing of 
vehicles of each model year conducted pursuant to this section. Such 
notification shall occur at least thirty working days prior to the 
initiation of testing of the vehicles of that model year.
    (3) Correlation. The manufacturer shall document correlation 
traceable to the Environmental Protection Agency's National Vehicle and 
Fuel Emission Laboratory for its test laboratory utilized to conduct 
the testing required by this section.


Sec. 86.1846-01  Manufacturer in-use confirmatory testing requirements.

    (a) General requirements. A manufacturer of light-duty vehicles 
and/or light-duty trucks shall test, or cause testing to be conducted, 
under this section when the emission levels shown by a test group 
sample from testing under Sec. 86.1845-01 exceeds the criteria 
specified in paragraph (b) of this section. The testing required under 
this section applies separately to each test group and at each test 
point (low and high mileage) that meets the specified criteria. The 
testing requirements apply separately for each model year, starting 
with model year 2001.
    (b) Criteria for additional testing. A manufacturer shall test a 
test group or a subset of a test group as described in paragraph (j) of 
this section when the results from testing conducted under 
Sec. 86.1845-01 show mean emissions for that test group of any 
pollutant(s) to be equal to or greater than 1.30 times the applicable 
in-use standard and a failure rate, among the test group vehicles, for 
the corresponding pollutant(s) of fifty percent or greater.
    (1) This requirement does not apply to Supplemental FTP testing 
conducted under Sec. 86.1845(b)(5)(i) or evaporative/refueling testing 
conducted under Sec. 86.1845-01. Testing conducted at high altitude 
under the requirements of Sec. 86.1845-01 will be included in 
determining if a test group meets the criteria triggering testing 
required under this section.
    (2) The vehicle tested under the requirements of Sec. 86.1845-
01(c)(2)(i) with a minimum odometer miles of 75% of useful life will 
not be included in determining if a test group meets the triggering 
criteria.
    (3) The SFTP composite emission levels shall include the IUVP FTP 
emissions, the IUVP US06 emissions, and the values from the SC03 Air 
Conditioning EDV certification test (without DFs applied). The 
calculations shall be made using the equations prescribed in 
Sec. 86.164-01. If more than one set of certification SC03 data exists 
(due to running change testing or other reasons), the manufacturer 
shall choose the SC03 result to use in the calculation from among those 
data sets using good engineering judgment.
    (c) Vehicles tested under the provisions of this section must be 
within the useful life specified for the emission standards which were 
exceeded in the testing under Sec. 86.1845-01. Testing should be within 
the useful life specified, subject to sections 207(c)(5) and (c)(6) of 
the Clean Air Act where applicable.
    (d) Number of test vehicles. A manufacturer must test a minimum of 
ten vehicles of the test group or Agency-designated subset. A 
manufacturer may, at the manufacturer's discretion, test more than ten 
vehicles under this paragraph for a specific test group or Agency-
designated subset. If a manufacturer chooses to test more than the 
required ten vehicles, all testing must be completed within the time 
designated in the testing completion requirements of Sec. 86.1846-
01(g). Any vehicles which are eliminated from the sample either prior 
to or subsequent to testing, or any vehicles for which test results are 
determined to be void, must be replaced in order that the final sample 
of vehicles for which test results acceptable to the Agency are 
available equals a minimum of ten vehicles. A manufacturer may cease 
testing with a sample of five vehicles if the results of the first five 
vehicles tested show mean emissions for each pollutant to be less than 
75.0 percent of the applicable standard, with no vehicles exceeding the 
applicable standard for any pollutant.
    (e) Emission testing. Each test vehicle of a test group or Agency-
designated subset shall be tested in accordance with the Federal Test 
Procedure and/or the Supplemental Federal Test Procedure (whichever of 
these tests performed under Sec. 86.1845-01 produces emission levels 
requiring testing under this section) as described in subpart B of this 
part, when such test vehicle is tested for compliance with applicable 
exhaust emission standards under this subpart.
    (f) Geographical limitations. (1) Test groups or Agency-designated 
subsets certified to 50-state standards: For low altitude testing no 
more than 50 percent of the test vehicles may be procured from 
California. The test vehicles procured from the 49 state area must be 
procured from a location with a heating degree day 30 year annual 
average equal to or greater than 4000.
    (2) Test groups or Agency-designated subsets certified to 49 state 
standards: For low-altitude testing all vehicles shall be procured from 
a location with a heating degree day 30 year annual average equal to or 
greater than 4000.
    (3) Vehicles procured for high altitude testing may be procured 
from any area provided that the vehicle's primary area of operation was 
above 4000 feet.
    (g) Testing required under this section must commence within three 
months of completion of the testing under Sec. 86.1845-01 which 
triggered the confirmatory testing and must be completed within seven 
months of the completion of the testing which triggered the 
confirmatory testing. Any industry review of the results obtained under 
Sec. 86.1845-01 and any additional vehicle procurement and/or testing 
which takes place under the provisions of Sec. 86.1845-01 which the 
industry believes may affect the triggering of required confirmatory 
testing must take place within the three month period. The data and the 
manufacturers reasoning for reconsideration of the data must be 
provided to the Agency within the three month period.
    (h) Limit on manufacturer conducted testing. For each manufacturer, 
the maximum number of test group(s)(or Agency-designated subset(s)) of 
each model year for which testing under this section shall be required 
is limited to 50 percent of the total number of test groups of each 
model year required to be tested by each manufacturer as prescribed in 
Sec. 86.1845-01 rounded to the next highest whole number where 
appropriate. For each manufacturer with only one test group under 
Sec. 86.1845-01, such manufacturer shall have a maximum potential 
testing requirement under this section of one test group (or Agency-
designated subset) per model year.
    (i) Prior to beginning in-use confirmatory testing the manufacturer 
must, after consultation with the Agency, submit a written plan 
describing the details of the vehicle procurement, maintenance, and 
testing procedures (not otherwise specified by regulation) it intends 
to use.
    (j) EPA may designate a subset of the test group based on 
transmission type for testing under this section in lieu of testing the 
entire test group when the results for the entire test group from 
testing conducted under Sec. 86.1845-01 show mean emissions and a 
failure rate

[[Page 23968]]

which meet these criteria for additional testing.


Sec. 86.1847-01  Manufacturer in-use verification and in-use 
confirmatory testing; submittal of information and maintenance of 
records.

    (a) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1845-01 shall establish, maintain 
and retain the following records organized and indexed by test group 
and evaporative/refueling family:
    (1) A record documenting correlation as prescribed by Sec. 86.1845-
01(e)(3).
    (2) A description of all laboratory equipment calibrations and 
verifications as prescribed by subpart B of this part or otherwise as 
appropriate using good engineering judgment.
    (3) Procurement documentation. A description of the procurement 
area, a record of the source(s) of any list(s) of vehicles used as a 
basis for procurement, and a complete record of the number of vehicles 
rejected after positive vehicle owner response and reason(s) for 
manufacturer rejection of each rejected vehicle. A complete record of 
the number of vehicle owners/lessees in which attempt to contact was 
made and the number of vehicle owners/lessees actually contacted, the 
number of owners/lessees not contacted and the reasons and number of 
each for failure to contact, and the number of owners contacted who 
declined to participate.
    (4) All records required to be maintained under this paragraph 
shall be retained by the manufacturer for a period of eight (8) years 
after the end of production of the test group to which they relate.
    (b) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1845-01 shall submit to the 
Administrator on a quarterly calendar year basis, with the information 
provided to the Administrator within 30 days of the end of the quarter 
of each calendar year, the following records organized by test group 
and evaporative/refueling family.
    (1) A complete record of all emission tests performed, including 
tests results, the date of each test, and the phase mass values for 
fuel economy, carbon dioxide and each pollutant measured by the Federal 
Test Procedure and Supplemental Federal Test Procedure as prescribed by 
subpart B of this part.
    (2) For each test vehicle within a test group, a record and 
description of procedures and test results pertaining to any inspection 
(including the information listed in Appendix III to this subpart), 
diagnostics, and maintenance performed on the test vehicle prior to 
testing in as-received condition.
    (3) A record and description of any inspection, diagnostics, and 
maintenance performed and/or testing (including emission results) of 
any vehicle tested subsequent to its initial as-received test.
    (c) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1845-01 shall submit to the 
Administrator a record of the name and location of the testing 
laboratory(s) to be used to conduct testing for each model year 30 
working days prior to the initiation of testing of that model year.
    (d) The manufacturer of any test vehicle subject to Sec. 86.1845-01 
shall report to the Agency the test results (identifying the vehicle 
test group and emission test results) of any test vehicle in which the 
test vehicle fails to meet any applicable emission standard. The 
manufacturer must make this report within 72 hours of the completion of 
the testing of the test vehicle.
    (e) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1846-01 shall establish, maintain 
and retain the following organized and indexed records by test group or 
Agency-designated subset.
    (1) A description of all laboratory equipment calibrations and 
verifications as prescribed by subpart B of this part or by good 
engineering judgment.
    (2) Procurement documentation. A description of the procurement 
area, a record of the source(s) of any list(s) of vehicles used as a 
basis for procurement, a complete record of: the number of vehicle 
owners/lessees in which attempt to contact was made and the number of 
vehicle owners/lessees actually contacted; the number of owners/lessees 
not contacted and the reasons and number of each for failure to 
contact; the number of owners contacted who declined to participate; 
and a complete record of the number of vehicles rejected after positive 
vehicle owner response and reason(s) for manufacturer rejection of each 
rejected vehicle.
    (3) All records required to be maintained under this paragraph 
shall be retained by the manufacturer for a period of eight (8) years 
after the end of production of the test group to which they relate.
    (f) Within 30 working days of the completion of testing of a test 
group or Agency-designated subset performed under Sec. 86.1846-01, the 
manufacturer shall submit to the Administrator the following records 
organized by test group or Agency-designated subset.
    (1) A complete record of all emission tests performed, including 
tests results, the date of each test, and the phase mass values for 
fuel economy, carbon dioxide and each pollutant measured by the Federal 
Test Procedure and Supplemental Federal Test Procedure as prescribed by 
subpart B of this part.
    (2) For each test vehicle within a test group, a record and 
description of procedures and test results pertaining to any 
inspections, diagnostics, and maintenance performed on the test vehicle 
prior to any emission testing.
    (3) A record and description of any inspections, diagnostics, 
maintenance performed and/or testing (including emission results) of 
any test vehicle tested subsequent to its initial emission test.


Sec. 86.1848-01  Certification.

    (a)(1) If, after a review of the manufacturer's submitted Part I 
application, information obtained from any inspection, such other 
information as the Administrator may require, and any other pertinent 
data or information, the Administrator determines that the application 
is complete and that all vehicles within a test group as described in 
the application meet the requirements of this Part and the Clean Air 
Act, the Administrator shall issue a certificate of conformity.
    (2) If, after review of the manufacturer's application, request for 
certification, information obtained from any inspection, such other 
information as the Administrator may require, and any other pertinent 
data or information, the Administrator determines that the application 
is not complete or the vehicles within a test group as described in the 
application, do not meet applicable requirements or standards of the 
Act or of this part, the Administrator may deny the issuance of, 
suspend, or revoke a previously issued certificate of conformity. The 
Administrator will notify the manufacturer in writing, setting forth 
the basis for the determination. The manufacturer may request a hearing 
on the Administrator's determination.
    (b) A certificate of conformity will be issued by the Administrator 
for a period not to exceed one model year and upon such terms as deemed 
necessary or appropriate to assure that any new motor vehicle covered 
by the certificate will meet the requirements of the Act and of this 
part.
    (c) All certificates are conditional upon the following conditions 
being met:
    (1) The manufacturer must supply all required information according 
to the

[[Page 23969]]

provisions of Secs. 86.1843-01 and 86.1844-01.
    (2) The manufacturer must comply with all certification and in-use 
emission standards contained in subparts S and H of this part both 
during and after model year production.
    (3) The manufacturer must comply with all implementation schedules 
sales percentages as required in Sec. 86.1810 or elsewhere in this 
part. Failure to meet a required implementation schedule sales 
percentage will be considered to be a failure to satisfy a condition 
upon which the certificate was issued and any vehicles or trucks sold 
in violation of the implementation schedule shall not be covered by the 
certificate.
    (4) For incomplete light-duty trucks, a certificate covers only 
those new motor vehicles which, when completed by having the primary 
load-carrying device or container attached, conform to the maximum curb 
weight and frontal area limitations described in the application for 
certification as required in Sec. 86.1844-01.
    (5) The manufacturer must meet the in-use testing and reporting 
requirements contained in Secs. 86.1845-01, 86.1846-01, and 86.1847-01, 
as applicable. Failure to meet the in-use testing or reporting 
requirements shall be considered a failure to satisfy a condition upon 
which the certificate was issued. A vehicle or truck will be considered 
to be covered by the certificate only if the manufacturer fulfills this 
condition upon which the certificate was issued.
    (6) Vehicles are covered by a certificate of conformity only if 
they are in all material respects as described in the manufacturer's 
application for certification (Part I and Part II).
    (d) One certificate will be issued for each test group and 
evaporative/refueling family combination. For diesel fueled vehicles, 
one certificate will be issued for each test group. A certificate of 
conformity is deemed to cover the vehicles named in such certificate 
and produced during the model year.
    (e) A manufacturer of new light-duty vehicles and light-duty trucks 
must obtain a certificate of conformity covering such vehicles from the 
Administrator prior to selling, offering for sale, introducing into 
commerce, delivering for introduction into commerce, or importing into 
the United States the new vehicle. Vehicles produced prior to the 
effective date of a certificate of conformity may also be covered by 
the certificate, once it is effective, if the following conditions are 
met:
    (1) The vehicles conform in all respects to the vehicles described 
in the application for the certificate of conformity.
    (2) The vehicles are not sold, offered for sale, introduced into 
commerce, or delivered for introduction into commerce prior to the 
effective date of the certificate of conformity.
    (3) EPA is notified prior to the beginning of production when such 
production will start, and EPA is provided a full opportunity to 
inspect and/or test the vehicles during and after their production. EPA 
must have the opportunity to conduct SEA production line testing as if 
the vehicles had been produced after the effective date of the 
certificate.
    (f) Vehicles imported by an original equipment manufacturer after 
December 31 of the calendar year for which the model year is named are 
still covered by the certificate of conformity as long as the 
production of the vehicle was completed before December 31 of that 
year.
    (g) For test groups required to have an emission control diagnostic 
system, certification will not be granted if, for any emission data 
vehicle or other test vehicle approved by the Administrator in 
consultation with the manufacturer, the malfunction indicator light 
does not illuminate under any of the circumstances described in 
Sec. 86.1806-01(k)(1) through (6).
    (h) Vehicles equipped with aftertreatment technologies such as 
catalysts, otherwise covered by a certificate, which are driven outside 
the United States, Canada, and Mexico will be presumed to have been 
operated on leaded gasoline resulting in deactivation of such 
components as catalysts and oxygen sensors. If these vehicles are 
imported or offered for importation without retrofit of the catalyst or 
other aftertreatment technology, they will be considered not to be 
within the coverage of the certificate unless included in a catalyst or 
other aftertreatment technology control program operated by a 
manufacturer or a United States Government agency and approved by the 
Administrator.
    (i) For all light-duty vehicles and light light-duty trucks 
certified to NLEV standards under Secs. 86.1710 through 86.1712, the 
following provisions apply:
    (1) All certificates issued are conditional upon manufacturer 
compliance with all provisions of Secs. 86.1710 through 86.1712 both 
during and after model year production.
    (2) Failure to meet the requirements of Sec. 86.1710(a) through (d) 
will be considered to be a failure to satisfy the conditions upon which 
the certificate(s) was issued and the vehicles sold in violation of the 
fleet average NMOG standard shall not be covered by the certificate.
    (3) Failure to comply fully with the prohibition against a 
manufacturer selling credits that it has not generated or are not 
available, as specified in Sec. 86.1710(e), will be considered to be a 
failure to satisfy the conditions upon which the certificate(s) was 
issued and the vehicles sold in violation of this prohibition shall not 
be covered by the certificate.
    (4) Failure to comply fully with the prohibition against offering 
for sale Tier 1 vehicles and TLEVs in the Northeast Trading Region, as 
defined in Sec. 86.1702, after model year 2000 if vehicles with the 
same test groups are not certified and offered for sale in California 
in the same model year, as specified in Sec. 86.1711(a), will be 
considered to be a failure to satisfy the conditions upon which the 
certificate(s) was issued and the vehicles sold in violation of this 
prohibition shall not be covered by the certificate.
    (5)(i) The Administrator will issue a National LEV certificate of 
conformity for 2000 model year vehicles or engines certified to comply 
with the California TLEV emission standards.
    (ii) This certificate of conformity shall be granted after the 
Administrator has received and reviewed the California Executive Order 
a manufacturer has received for the same vehicles or engines.
    (iii) Vehicles or engines receiving a certificate of conformity 
under the provisions in this paragraph can only be sold in the states 
included in the NTR, as defined in Sec. 86.1702, and those states where 
the sale of California-certified vehicles is otherwise authorized.
    (6) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (7) For recall and warranty purposes, vehicles not covered by a 
certificate because of a violation of these conditions of the 
certificate will continue to be held to the standards stated in the 
certificate that would have otherwise applied to the vehicles.


Sec. 86.1849-01  Right of entry.

    (a) Any manufacturer who has applied for certification of a new 
motor vehicle subject to testing under this subpart, or any 
manufacturer or entity who conducts or causes to be conducted in-use 
verification or in-use confirmatory testing under this subpart, shall 
admit or cause to be admitted any EPA Enforcement Officer or any EPA 
authorized representative during

[[Page 23970]]

operating hours on presentation of credentials to any of the following:
    (1) Any facility where any such certification or in-use 
verification or in-use confirmatory testing or any procedures or 
activities connected with such testing are or were performed.
    (2) Any facility where any new motor vehicle or test vehicle used 
for certification, in-use verification or in-use confirmatory testing 
which is being, was, or is to be tested is present.
    (3) Any facility where any construction process or assembly process 
used in the modification or build up of such a vehicle into a 
certification vehicle is taking place or has taken place.
    (4) Any facility where any record or other document relating to 
Sec. 86.1849-01(a) (1), (2), and/or (3) is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, any EPA official or EPA authorized representative shall 
be allowed:
    (1) To inspect and monitor any part or aspect of such procedures, 
activities, and testing facilities, including, but not limited to, 
monitoring vehicle preconditioning, emissions tests and mileage (or 
service) accumulation, bench aging, maintenance, and vehicle soak and 
storage procedures, and to verify correlation or calibration of test 
equipment.
    (2) To inspect and make copies of any such records, designs, or 
other documents, including those records specified in Secs. 86.1843-01, 
86.1844-01, and 86.1847-01.
    (c) In order to allow the Administrator to determine whether or not 
production motor vehicles conform to the conditions upon which a 
certificate of conformity has been issued, or conform in all material 
respects to the design specifications which applied to those vehicles 
described in the certification application for which a certificate of 
conformity has been issued to standards prescribed under section 202 of 
the Act, any manufacturer shall admit any EPA Enforcement Officer or 
EPA authorized representative on presentation of credentials to:
    (1) Any facility where any document, design, or procedure relating 
to the translation of the design and construction of engines and 
emission-related components described in the compliance application or 
used for certification testing into production vehicles is located or 
carried on; and
    (2) Any facility where any motor vehicles to be introduced into 
commerce are manufactured or assembled.
    (d) Upon admission to any facility referred to in paragraph (c) of 
this section, any EPA Enforcement Officer or EPA authorized 
representative shall be allowed:
    (1) To inspect and monitor any aspects of such manufacture or 
assembly and other procedures;
    (2) To inspect and make copies of any such records, documents or 
designs; and
    (3) To inspect and photograph any part or aspect of any such new 
motor vehicles and any component used in the assembly thereof that are 
reasonably related to the purpose of the entry.
    (e) Any EPA official or EPA authorized representative shall be 
furnished by those in charge of a facility being inspected with such 
reasonable assistance as he may request to help him discharge any 
function set forth in this paragraph. Each applicant for or recipient 
of certification is required to cause those in charge of a facility 
operated for its benefit to furnish such reasonable assistance without 
charge to EPA whether or not the applicant controls the facility.
    (f) The duty to admit or cause to be admitted any EPA Enforcement 
Officer or EPA authorized representative applies whether or not the 
applicant owns or controls the facility in question and applies both to 
domestic and to foreign manufacturers and facilities. EPA will not 
attempt to make any inspections which it has been informed that local 
law forbids. However, if local law makes it impossible to what is 
necessary to insure the accuracy of data generated at a facility, no 
informed judgment that a vehicle is certifiable or is covered by a 
certificate can properly be based on those data. It is the 
responsibility of the manufacturer to locate its testing and 
manufacturing facilities in jurisdictions where this situation will not 
arise.
    (g) For purposes of this section:
    (1) ``Presentation of credentials'' shall mean display of the 
document designating a person as an EPA Enforcement Officer or EPA 
authorized representative.
    (2) Where vehicle, component, or engine storage areas or facilities 
are concerned, ``operating hours'' shall mean all times during which 
personnel other than custodial personnel are at work in the vicinity of 
the area or facility and have access to it.
    (3) Where facilities or areas other than those covered by paragraph 
(g)(2) of this section are concerned, ``operating hours'' shall mean 
all times during which an assembly line is in operation or all times 
during which testing, maintenance, mileage (or service) accumulation, 
production or compilation of records, or any other procedure or 
activity related to certification testing, to translation of designs 
from the test stage to the production stage, or to vehicle (or engine) 
manufacture or assembly is being carried out in a facility.
    (4) Reasonable assistance includes, but is not limited to, 
clerical, copying, interpretation and translation services, the making 
available upon request of personnel of the facility being inspected 
during their working hours to inform the EPA Enforcement Officer or EPA 
authorized representative of how the facility operates and to answer 
his questions, and the performance on request of emissions tests on any 
vehicle which is being, has been, or will be used for certification or 
in-use verification or confirmatory testing. Such tests shall be 
nondestructive, but may require appropriate mileage (or service) 
accumulation. A manufacturer may be compelled to cause the personal 
appearance of any employee at such a facility before an EPA Enforcement 
Officer or EPA authorized representative by written request for his 
appearance, signed by the Assistant Administrator for Air and Radiation 
or the Assistant Administrator for Enforcement and Compliance 
Assurance, served on the manufacturer. Any such employee who has been 
instructed by the manufacturer to appear will be entitled to be 
accompanied, represented, and advised by counsel.


Sec. 86.1850-01  Denial, suspension or revocation of certificate of 
conformity.

    (a) If, after review of the manufacturer's application, request for 
certification, information obtained from any inspection, such other 
information as the Administrator may require, and any other pertinent 
data or information, the Administrator determines that one or more test 
vehicles do not meet applicable requirements or standards of the Act or 
of this Part, the Administrator will notify the manufacturer in 
writing, setting forth the basis for the determination. The 
manufacturer may request a hearing on the Administrator's 
determination.
    (b) Notwithstanding the fact that the vehicles described in the 
application may comply with all other requirements of this subpart, the 
Administrator may deny issuance of, suspend, or revoke a previously 
issued certificate of conformity if the Administrator finds any one of 
the following infractions to be substantial:
    (1) The manufacturer submits false or incomplete information.
    (2) The manufacturer denies an EPA enforcement officer or EPA 
authorized

[[Page 23971]]

representative the opportunity to conduct authorized inspections as 
required under Sec. 86.1849-01.
    (3) The manufacturer renders inaccurate any test data which it 
submits, or fails to make a good engineering judgment in accordance 
with Sec. 86.1851-01(c)(1).
    (4) The manufacturer denies an EPA enforcement officer or EPA 
authorized representative reasonable assistance as required in 
Sec. 86.1849-01.
    (5) The manufacturer fails to provide the records required in 
Sec. 86.1844-01 to the Administrator within the deadline set forth in 
the request for such information.
    (6) The manufacturer fails to comply with all conditions under 
which the certificate of conformity was granted as specified in 
86.1848-01.
    (7) The manufacturer otherwise circumvents the intent of the Act or 
of this Part.
    (c) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied, or that any failure to satisfy a 
condition is not substantial.
    (d) If a manufacturer knowingly commits an infraction specified in 
paragraphs (b)(1) through (b)(7) of this section, knowingly commits any 
fraudulent act which results in the issuance of a certificate of 
conformity, or fails to comply with the conditions specified in 
Sec. 86.1843-01, the Administrator may deem such certificate void ab 
initio.
    (e) When the Administrator denies, suspends, revokes, or voids ab 
initio a certificate, EPA will provide the manufacturer a written 
determination. The manufacturer may request a hearing under 
Sec. 86.1853-01 on the Administrator's decision.
    (f) Any suspension or revocation of a certificate of conformity 
shall extend no further than to forbid the introduction into commerce 
of vehicles previously covered by the certificate which are still in 
the possession of the manufacturer, except in cases of such fraud or 
other misconduct that makes the certification void ab initio.


Sec. 86.1851-01  Application of good engineering judgment to 
manufacturers' decisions.

    (a) The manufacturer shall exercise good engineering judgment in 
making all decisions called for under this subpart, including but not 
limited to selections, categorizations, determinations, and 
applications of the requirements of the subpart.
    (b) Upon written request by the Administrator, the manufacturer 
shall provide within 15 working days (or such longer period as may be 
allowed by the Administrator) a written description of the engineering 
judgment in question.
    (c) The Administrator may reject any such decision by a 
manufacturer if it is not based on good engineering judgment, or is 
otherwise inconsistent with the requirements of this subpart.
    (d) If the Administrator rejects a decision by a manufacturer with 
respect to the exercise of good engineering judgment, the following 
provisions shall apply:
    (1) If the Administrator determines that incorrect information was 
deliberately used in the decision process, that important information 
was deliberately overlooked, that the decision was not made in good 
faith, or that the decision was not made with a rational basis, the 
Administrator may suspend or void ab initio a certificate of 
conformity.
    (2) If the Administrator determines that the manufacturer's 
decision does not meet the provisions of paragraph(d)(1) of this 
section, but that a different decision would reflect a better exercise 
of good engineering judgment, then the Administrator will notify the 
manufacturer of this concern and the basis thereof.
    (i) The manufacturer shall have at least 30 days to respond to this 
notice. The Administrator may extend this response period upon request 
from the manufacturer if it is necessary to generate additional data 
for the manufacturer's response.
    (ii) The Administrator shall make the final ruling after 
considering the information provided by the manufacturer during the 
response period. If the Administrator determines that the 
manufacturer's decision was not made using good engineering judgment, 
he/she may reject that decision and apply the new ruling to future 
corresponding decisions as soon as practicable.
    (e) The Administrator shall notify the manufacturer in writing 
regarding any decision reached under paragraph (d)(1) or (2) of this 
section. The Administrator shall include in this notification the basis 
for reaching the determination.
    (f) Within 30 working days following receipt of notification of the 
Administrator's determinations made under paragraph (d) of this 
section, the manufacturer may request a hearing on those 
determinations. The request shall be in writing, signed by an 
authorized representative of the manufacturer, and shall include a 
statement specifying the manufacturer's objections to the 
Administrator's determinations, and data or other analysis in support 
of such objections. If, after review of the request and supporting data 
or analysis, the Administrator finds that the request raises a 
substantial factual issue, he/she shall provide the manufacturer a 
hearing in accordance with Sec. 86.1853-01 with respect to such issue.


Sec. 86.1852-01  Waivers for good in-use emission performance.

    (a) The Administrator may waive requirements of this subpart 
relating to development of emission-related information or test data if 
the Administrator determines with confidence that the in-use emission 
test verification data required in Sec. 86.1845-01 are below the 
applicable emission standards for an appropriate period of time, and 
that such performance is likely to continue in subsequent model years.
    (b) Any waiver granted under paragraph (a) of this section will be 
granted only if the Administrator determines that the waived 
requirement is not needed to assure continued emission compliance and 
the Administrator will have sufficient testing and other information in 
order to make certification decisions.
    (c) Any waiver granted under paragraph (a) of this section would be 
limited in duration to a period of one model year, unless extended by 
the Administrator as a result of continued demonstrations of good in-
use emission performance.
    (d) The Administrator reserves the right to deny or revoke a waiver 
which may have been granted if he/she determines that the manufacturer 
no longer qualifies for the waiver.


Sec. 86.1853-01  Certification hearings.

    (a)(1) After granting a request for a hearing under this subpart, 
the Administrator shall designate a Presiding Officer for the hearing.
    (2) The hearing shall be held as soon as practicable at a time and 
place fixed by the Administrator or by the Presiding Officer.
    (3) In the case of any hearing requested pursuant to Sec. 86.1850-
01(e), the Administrator may in his discretion direct that all argument 
and presentation of evidence be concluded within such fixed period not 
less than 30 days as he may establish from the date that the first 
written offer of a hearing is made to the manufacturer. To expedite 
proceedings, the Administrator may direct that the decision of the 
Presiding Officer (who may, but need not be the Administrator) shall be 
the final EPA decision.

[[Page 23972]]

    (b)(1) Upon appointment pursuant to paragraph (a) of this section, 
the Presiding Officer will establish a hearing file. The file shall 
consist of the notice issued by the Administrator together with any 
accompanying material, the request for a hearing and the supporting 
data submitted therewith, and all documents relating to the request for 
certification and all documents 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.
    (c) An applicant may appear in person, or may be represented by 
counsel or by any other duly authorized representative.
    (d)(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 him to consider the following:
    (i) Simplification of the issues;
    (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.
    (e)(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 title 18 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 witness 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 hearings shall, upon a showing satisfactory 
to the Presiding Officer of their authenticity, 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 shall be reported as part of the record unless 
otherwise ordered by the Presiding Officer.
    (f)(1) The Presiding Officer shall make an initial decision which 
shall include written findings and conclusions and the reasons or basis 
therefor on all the material issues of fact, law, or discretion 
presented on the record. The findings, conclusions, and written 
decision 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 shall 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 Administrator shall 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.

Appendix I to Subpart S of Part 86--Vehicle Procurement Methodology

    I. Test Sampling: The master owner list will be obtained from 
manufacturer records or owner registration lists. The list shall 
include all vehicle configurations of the target reality check test 
group within the selected mailing area. The mailing area shall be 
within a radius of at least 20 miles from the test site.
    II. Selection Guidelines: The manufacturer or their 
representative shall make a reasonable effort to contact potential 
participants. Solicitation letters will be sent to potential 
participants in the order of their appearance on a randomized master 
owner list. The manufacturer or their representative shall perform 
the following steps:
    (a) The manufacturer or their representative shall mail 
solicitation letters in batches. The size of each batch is at least 
five times the required number of vehicles to be tested for the 
group that year. First class mail shall be used.
    (b) If the response rate is less than 20% after two to four 
weeks, the manufacturer or their representative shall make one more 
attempt and send a new solicitation package to the potential 
participants who have not yet responded.
    (c) A telephone questionnaire will be conducted on a random 
selection of returned, positive-response postcards.
    (d) If the required number of vehicles is not obtained, 
additional solicitation letters shall be sent to the next batch of 
potential participants in the order of their appearance on a 
randomized master owner list until the required number of vehicles 
are procured.
    (e) Alternative selection methods may be used with advanced 
approval from the Administrator.
    'III. Vehicles Not Available: Vehicles may not be available or 
will not be pursued for procurement for the following reasons:
    (a) The potential participant response indicates ``not willing 
to participate.''
    (b) The customer has moved out of the area.
    (c) The solicitation letter is undeliverable.
    (d) The customer did not respond after two attempts.
    (e) The vehicle is not in the appropriate mileage or age 
category.

Appendix II to Subpart S of Part 86--As-received Testing Vehicle 
Rejection Criteria

    1. The odometer is inoperative, has been replaced, or the 
indicated mileage is outside the target range.
    2. The emission system of the vehicle has been obviously 
tampered or the vehicle has been operated on leaded fuel. A 
manufacturer may request a vehicle be rejected because of the 
addition of an aftermarket security system if the manufacturer 
establishes that the installation would make that vehicle's 
emissions unrepresentative.
    3. The vehicle has been used for severe duty (trailer towing for 
passenger cars, snow plowing, racing)
    4. The vehicle has a history of extensive collision damage or 
major engine repair (piston, crank, cylinder head, engine block).
    5. The vehicle exhibits ominous noises or serious fluid leaks 
from the engine or transmission, a modified exhaust system, 
(headers, side pipes, aftermarket catalysts, etc) or an exhaust 
system with an audible leak.
    6. Testing the vehicle could endanger the safety of the vehicle, 
test facility, or individuals conducting the testing.
    7. The MIL light is flashing (severe misfire indication).
    8. Other items with prior agency approval.

Appendix III to Subpart S of Part 86--As-Received Inspection

    Items to be recorded at time of Initial Inspection of Vehicle--

1. Date of Inspection
3. Test Group
4. Evaporative/refueling Family
5. Vehicle model
6. Odometer Reading
7. Build Date
8. MIL light on/off status
9. Readiness code status
10. Stored OBD codes
11.Any conditions referenced in Appendix II to this subpart which 
result in vehicle being rejected from program.

[[Page 23973]]

PART 88--[AMENDED]

    53. The authority citation for Part 88 continues to read as 
follows:

    Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586, 
7588, 7589, 7601(a).

    54. Section 88.301-93 of subpart C is amended by adding a new 
paragraph (c) to read as follows:


Sec. 88.301-93  General applicability.

* * * * *
    (c) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of 40 CFR part 86, 
subpart S.

PART 600--[AMENDED]

    55. The authority for Part 600 continues to read as follows:

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

    56. Section 600.002-85 is amended by revising paragraph (a)(15) to 
read as follows:


Sec. 600.002-85  Definitions.

    (a) * * *
    (15) Certification Vehicle means a vehicle which is selected under 
40 CFR 86.084-24(b)(1) or 40 CFR 86.1824-01 as applicable, and is used 
to determine compliance under 40 CFR 86.084-30 or 40 CFR 86.1844-01 as 
applicable for issuance of an original certificate of conformity.
* * * * *
    57. Section 600.005-81 is amended by revising the introductory text 
to read as follows:


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

    The provisions of this section are applicable to all fuel economy 
data vehicles. Certification vehicles are required to meet the 
provisions of 40 CFR 86.000-7 or 40 CFR 86.1844-01, as applicable:
* * * * *
    58. Section 600.006-89 is amended by revising paragraphs (c)(1) and 
(f) to read as follows:


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

* * * * *
    (c) * * *
    (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.
* * * * *
    (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.
* * * * *
    59. Section 600.007-80 is amended by revising paragraphs (a) and 
(b)(3), (b)(4) and (e)(1) to read as follows:


Sec. 600.007-80  Vehicle acceptability.

    (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) * * *
    (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 Sec. 86.079-28 or 
Sec. 86.1841-01 as applicable will be used.
* * * * *
    (e) * * *
    (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.
* * * * *
    60. A new Sec. 600.008-01 is added to read as follows:


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

    (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

[[Page 23974]]

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 Sec. 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 Sec. 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 
Sec. 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 
Sec. 600.009 if the Administrator decides to recalculate the 
manufacturer's average pursuant to determinations made relative to this 
section.

[[Page 23975]]

    61. Section 600.010-86 is amended by revising paragraphs (a) 
introductory text and (c)(1)(i) to read as follow:


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

    (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):
* * * * *
    (c) * * *
    (1) * * *
    (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,
* * * * *
    62. Section 600.111-93 is amended by revising paragraph (g)(2) to 
read as follows:


Sec. 600.111-93  Test procedures.

* * * * *
    (g) * * *
    (2) False starts and stalls during the preconditioning cycle must 
be treated as in 40 CFR 86.136 (d) and (e). If the vehicle stalls 
during the measurement cycle of the highway fuel economy test, the test 
is voided, corrective action may be taken according to 40 CFR 86.079-25 
or 40 CFR 86.1834-01 as applicable, and the vehicle may be rescheduled 
for test. The person taking the corrective action shall report the 
action so that the test records for the vehicle contain a record of the 
action.
* * * * *
    63. Section 600.113-93 is amended by revising paragraph (d) to read 
as follows:


Sec. 600.113-93  Fuel economy calculations.

* * * * *
    (d) Calculate the city fuel economy and highway fuel economy from 
the grams/mile values for total HC, CO, CO2 and, where applicable, CH3, 
OH, HCHO, NMHC and CH4 and, the test fuel's specific gravity, carbon 
weight fraction, net heating value, and additionally for natural gas, 
the test fuel's composition. The emission values (obtained per 
paragraph (a) or (b) of this section, as applicable) used in each 
calculation of this section shall be rounded in accordance with 40 CFR 
86.084-26(a)(6)(iii) or 40 CFR 86.1837-01 as applicable. The CO2 values 
(obtained per paragraph (a) or (b) of this section, as applicable) used 
in each calculation of this section shall be rounded to the nearest 
gram/mile. The specific gravity and the carbon weight fraction 
(obtained per paragraph (c) of this section) shall be recorded using 
three places to the right of the decimal point. The net heating value 
(obtained per paragraph (c) of this section) shall be recorded to the 
nearest whole Btu/lb.
* * * * *
    64. Section 600.207-93 is amended by revising paragraph (a)(3)(iii) 
to read as follows:


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

    (a) * * *
    (3) * * *
    (iii) The requirements of this paragraph (a)(3) may be satisfied by 
providing an amended application for certification, as described in 40 
CFR 86.084-21 or 40 CFR 86.1844-01 as applicable.
* * * * *
    65. A new Sec. 600.313-01 is added to read as follows:


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

    (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 Sec. 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 Sec. 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 Sec. 600.008, except as allowed under the provisions of 
Sec. 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.
    66. A new Sec. 600.314-01 is added to read as follows:


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

    (a) The label values established in Sec. 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 Sec. 600.507(a).
    (2) For separate model types created in Sec. 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 Sec. 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 Secs. 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 
Secs. 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.

[[Page 23976]]

    (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 Sec. 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 Secs. 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 
Secs. 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 Sec. 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).
    67. Section 600.507-86 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec. 600.507-86  Running change data requirements.

    (a) Except as specified in paragraph (d) of this section, the 
manufacturer shall submit additional running change fuel economy data 
as specified in paragraph (b) of this section for any running change 
approved or implemented under 40 CFR 86.079-32, 86.079-33, or 86.082-34 
or 40 CFR 86.1842-01 as applicable, which:
* * * * *
    68. A new Sec. 600.512-01 is added to read as follows:


Sec. 600.512-01  Model year report.

    (a) For each model year, the manufacturer shall submit to the 
Administrator a report, known as the model year report, containing all 
information necessary for the calculation of the manufacturer's average 
fuel economy. The results of the manufacturer calculations and summary 
information of model type fuel economy values which are contained in 
the average calculation shall be submitted to the Secretary of the 
Department of Transportation, National Highway and Traffic Safety 
Administration.
    (b)(1) The model year report shall be in writing, signed by the 
authorized representative of the manufacturer and shall be submitted no 
later than 90 days after the end of the model year.
    (2) The Administrator may waive the requirement that the model year 
report be submitted no later than 90 days after the end of the model 
year. Based upon a request by the manufacturer, if the Administrator 
determines that 90 days is insufficient time for the manufacturer to 
provide all additional data required as determined in Sec. 600.507, the 
Administrator shall establish a date by which the model year report 
must be submitted.
    (3) Separate reports shall be submitted for passenger automobiles 
and light trucks (as identified in Sec. 600.510).
    (c) The model year report must include the following information:
    (1) All fuel economy data used in the labeling calculations and 
subsequently required by the Administrator in accordance with 
Sec. 600.507;
    (2) All fuel economy data for certification vehicles and for 
vehicles tested for running changes approved under 40 CFR 86.1842-01;
    (3) Any additional fuel economy data submitted by the manufacturer 
under Sec. 600.509;
    (4) A fuel economy value for each model type of the manufacturer's 
product line calculated according to Sec. 600.510(b)(2);
    (5) The manufacturer's average fuel economy value calculated 
according to Sec. 600.510(c);
    (6) A listing of both domestically and nondomestically produced car 
lines as determined in Sec. 600.511 and the cost information upon which 
the determination was made; and
    (7) The authenticity and accuracy of production data must be 
attested to by the corporation, and shall bear the signature of an 
officer (a corporate executive of at least the rank of vice-president) 
designated by the corporation. Such attestation shall constitute a 
representation by the manufacturer that the manufacturer has 
established reasonable, prudent procedures to ascertain and provide 
production data that are accurate and authentic in all material 
respects and that these procedures have been followed by employees of 
the manufacturer involved in the reporting process. The signature of 
the designated officer shall constitute a representation by the 
required attestation.

[FR Doc. 99-9062 Filed 5-3-99; 8:45 am]
BILLING CODE 6560-50-P