[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18808-18831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05010]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 535
[NHTSA-2020-0079]
RIN 2127-AM28
Improvements for Heavy-Duty Engine and Vehicle Fuel Efficiency
Test Procedures, and Other Technical Amendments
AGENCY: National Highway Traffic Safety Administration.
ACTION: Final rule.
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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) is
finalizing minor technical amendments to the test procedures for heavy-
duty engines and vehicles to improve accuracy and reduce testing
burden. These amendments affect the certification procedures for fuel
efficiency standards and related requirements. These amendments
increase compliance flexibility, harmonize with other requirements, add
clarity, correct errors, and streamline the regulations. Given the
nature of these changes, NHTSA does not expect either significant
environmental impacts or significant economic impacts for any sector.
DATES: This final rule is effective on May 14, 2024.
ADDRESSES: NHTSA has established a docket for this action under Docket
ID: NHTSA-2020-0079. For access to the dockets to read background
documents or comments received, go to http://www.regulations.gov, and/
or: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590. The DOT Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Standard Time (EST),
Monday through Friday, except Federal holidays. Please call ahead if
you plan to drop off or pick up a document to ensure someone is
available to assist you. The Docket Management Facility can be reached
at (202) 366-9826 or (202) 366-9317 to arrange a drop off/pick up.
FOR FURTHER INFORMATION CONTACT: Seiar Zia, Deputy Division Chief, Fuel
Economy Division, Office of Rulemaking, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. What action is the Agency taking?
C. What are the incremental costs and benefits of this action?
II. Medium and Heavy-Duty Fuel Efficiency Program Technical
Amendments
A. Overview of the Medium and Heavy-Duty Fuel Efficiency Program
B. Public Participation Opportunities and Summary of Comments
C. Overview of the Final Rule
D. Authority Citation for Part 535
E. 49 CFR 535.1 Scope
F. 49 CFR 535.3 Applicability
G. 49 CFR 535.4 Definitions
H. 49 CFR 535.5 Standards
I. 49 CFR 535.6 Measurement and Calculation Procedures
J. 49 CFR 535.7 Averaging, Banking, and Trading (ABT) Credit
Program
K. 49 CFR 535.8 Reporting and Recordkeeping Requirements
L. 49 CFR 535.9 Enforcement Approach
M. 49 CFR 535.10 How do manufacturers comply with fuel
consumption standards?
III. Statutory Authority and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
This action will affect companies that manufacture, sell, or import
into the United States new heavy-duty engines and new Class 2b through
8 trucks, including combination tractors, buses, vocational vehicles
including municipal, commercial, recreational vehicles, and \3/4\-ton
and 1-ton pickup trucks and vans. The heavy-duty category incorporates
all motor vehicles with a gross vehicle weight rating of 8,501 lbs. or
greater, and the engines that power them, except for medium-duty
passenger vehicles covered by the corporate average fuel economy
standards and greenhouse gas standards issued for light-duty vehicles.
The regulations for the Medium- and Heavy-Duty Vehicle Fuel Efficiency
Program are found at 49 CFR part 535.
Regulated categories and entities include the following:
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\1\ North American Industry Classification System (NAICS).
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Examples of
Category NAICS codes \1\ potentially
regulated entities
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Industry..................... 333618, 336111, Motor vehicle
336112, 336120, manufacturers and
336211, 336212, engine
336611, 336911, manufacturers.
336999.
[[Page 18809]]
Industry..................... 811111, 811112, Commercial
811198, 423110. importers of
vehicles and
vehicle
components.
Industry..................... 335312, 811198...... Alternative fuel
vehicle
converters.
Industry..................... 326199, 332431...... Portable fuel
container
manufacturers.
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This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.
B. What action is the Agency taking?
This action finalizes amendments to the regulations that implement
NHTSA's fuel efficiency standards for medium-duty and heavy-duty
engines and vehicles. These amendments are technical in nature and
include corrections and clarifications to a variety of existing
regulatory provisions to improve consistency with related EPA standards
and with NHTSA's original intent for those provisions. In other words,
this final rule comprises a variety of small changes for multiple types
of engines and vehicles.
These amendments parallel similar ones in a rulemaking conducted by
the EPA under RIN 2060-AU62.\2\ These technical amendments are intended
to maintain alignment between EPA's Medium and Heavy-Duty Vehicle
Greenhouse Gas Emissions and NHTSA's Fuel Efficiency Standards. The
technical amendments in this final rule are necessary to align with the
technical amendments finalized by EPA under the parallel rulemaking
referenced in this paragraph.
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\2\ NPRM published on May 12, 2020 (85 FR 28140); final rule
published on June 29, 2021 (86 FR 34308), as corrected by notices
published on September 23, 2021 (86 FR 52833) and October 26, 2022
(87 FR 64864).
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Most of the amendments being finalized in this rule will modify
existing test procedures for medium- and heavy-duty engines and
vehicles. These test procedure changes will improve accuracy, and in
some cases, reduce test burden.
Other amendments will update NHTSA's regulations to enhance the
implementation of existing fuel efficiency standards. For example, some
changes will reduce the likelihood that manufacturers will need to
conduct unique certification testing for compliance with Canadian and
CARB standards, in addition to NHTSA's standards. Some amendments will
make it easier for manufacturers to more fully account for the fuel
efficiency benefits of advanced fuel efficiency improving technology,
which could provide them the opportunity to generate additional fuel
consumption improvement values for compliance. These amendments are
described in II.
Additionally, as a matter of housekeeping, NHTSA is removing
portions of its regulations that were vacated by the United States
Court of Appeals for the District of Columbia Circuit. In November
2021, that Court ``vacate[d] all portions of the [2016 joint NHTSA and
EPA] rule that apply to trailers.'' Truck Trailer Mfrs. Ass'n, Inc. v.
EPA, 17 F.4th 1198, 1200 (D.C. Cir. 2021). The underlying statute
authorizes NHTSA to examine the fuel efficiency of and prescribe fuel
economy standards for ``commercial medium-duty [and/or] heavy-duty on-
highway vehicles.'' 49 U.S.C. 32902(b)(1)(C); 49 U.S.C. 32902(k)(2).
The Court reasoned that trailers do not qualify as ``vehicles'' when
that term is used in the fuel economy context because trailers are
motorless and use no fuel. Truck Trailer Mfrs. Ass'n, Inc., 17 F.4th at
1200, 1204-08. Accordingly, the Court held that NHTSA does not have the
authority to regulate the fuel economy of trailers. Id. at 1208.\3\ As
a result, NHTSA is removing the vacated trailer provisions from its
regulations.
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\3\ For similar reasons, the Court also held that the statute
authorizing EPA to regulate the emissions of ``motor vehicles'' does
not encompass trailers. Id. at 1200-03. The Court affirmed, however,
that both agencies still ``can regulate tractors based on the
trailers they pull.'' Id. at 1208. Moreover, NHTSA is still
authorized to regulate trailers in other contexts, such as under 49
U.S.C. chapter 301. See 49 U.S.C. 30102(a)(7) (defining ``motor
vehicle'' to include ``a vehicle . . . drawn by mechanical power'');
Truck Trailer Mfrs. Ass'n, Inc., 17 F.4th at 1207 (``A trailer is
`drawn by mechanical power.' '').
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NHTSA, is however, keeping its definition of standard trailer as
well as other specific types of trailers in 49 CFR 535.4 to assist
manufacturers in determining tractor performance in the Greenhouse Gas
Emissions Model (GEM). In October 2016, NHTSA and EPA issued its Phase
2 Heavy-Duty (HD) National Program final rule that increased efficiency
standards beginning in model year (MY) 2021.\4\ As part of the 2016
rulemaking, NHTSA and EPA adopted provisions such that tractor
performance in GEM is determined by assuming the tractor is pulling a
``standard'' trailer. The specific characteristics of a standard
trailer are dependent upon the type of tractor. 40 CFR 1037.501(g)
provides the specific criteria a standard trailer must meet for
specific types of trailers. In addition to measurement criteria, some
standard trailers must be of a specific type (e.g., tank trailer,
flatbed trailer). Therefore, while NHTSA is removing the requirements
for trailers, NHTSA is keeping its definition of standard trailer as
well as other specific types of trailers in 49 CFR 535.4 to assist
manufacturers in determining tractor performance in GEM.
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\4\ 81 FR 73478, October 25, 2016.
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C. What are the incremental costs and benefits of this action?
This action is limited in scope and is not intended to include
amendments that will have significant economic or environmental
impacts. NHTSA has therefore not estimated the potential costs or
benefits of this final rule.
II. Medium and Heavy-Duty Fuel Efficiency Program Technical Amendments
A. Overview of the Medium and Heavy-Duty Fuel Efficiency Program
In September 2011, NHTSA and EPA finalized Phase 1 of the
Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and
Heavy-Duty Engines and Vehicles.\5\ The Phase 1 program covered new
commercial heavy-duty vehicles and work trucks manufactured in model
years 2014 through 2020, with unique standards for combination
tractors, heavy-duty pickup trucks and vans, and vocational vehicles,
as well as separate standards for engines in tractors and vocational
vehicles. NHTSA and EPA finalized Phase 2 of the standards in October
2016.\6\ In addition to more stringent standards, the Phase 2 program
also incorporated enhanced test procedures that (among other things)
allow individual drivetrain and powertrain performance to be reflected
in the vehicle certification process; and included an expanded and
improved compliance simulation model.
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\5\ 76 FR 57106, September 15, 2011.
\6\ 81 FR 73478, October 25, 2016.
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Since the promulgation of the Phase 2 regulations, manufacturers
have been revising their internal test procedures for compliance with
the new
[[Page 18810]]
requirements that began for model year 2021. While doing so, they have
made the agencies aware of several areas in which the test procedure
regulations could be improved (in terms of overall accuracy,
repeatability, and clarity) without changing the effective stringency
of the standards.
In its May 12, 2020 NPRM, EPA proposed numerous changes to the test
procedure regulations to address manufacturers' concerns in addition to
other issues it had identified.\7\ EPA sought comment on those changes
and issued a final rule on June 29, 2021 responding to the comments and
adjusting the regulatory changes as appropriate.\8\ After carefully
reviewing all technical amendments in the EPA proposal, public comments
to EPA's proposal, and the technical amendments that EPA finalized,
NHTSA published a NPRM proposing technical amendments to its
regulations that parallel the technical amendments that EPA has
finalized.\9\ After providing opportunity for public comment, NHTSA is
now finalizing its proposed technical amendments. NHTSA's regulatory
changes described below consist primarily of references and definitions
contained in NHTSA regulations which were impacted by the technical
amendments finalized by the EPA. This final rule also includes various
minor editorial changes to NHTSA's regulations that simply correct
typographical/formatting errors or revise NHTSA's regulatory text to
improve clarity or to update references to EPA regulations that have
changed as a result of the EPA technical amendments.
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\7\ 85 FR 28140.
\8\ 86 FR 34308, as corrected by documents published on
September 23, 2021 (86 FR 52833) and October 26, 2022 (87 FR 64864).
\9\ 87 FR 56156, September 13, 2022.
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B. Public Participation Opportunities and Summary of Comments
NHTSA published the NPRM on September 13, 2022, and provided a 60-
day comment period. The agency left the docket open with the intention
to consider late comments to the extent practicable. NHTSA's docket
received two comments from individual members of the public
10 11 and one comment from a stakeholder organization,\12\
for an overall total of three comment submissions. The two comments
from members of the public were outside the scope of the proposal.
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\10\ Docket ID: NHTSA-2020-0079-0002 commenter recommended stop
engine testing and allowing unrestricted engines to be produced for
all diesel vehicles.
\11\ Docket ID: NHTSA-2020-0079-0004 commenter recommended
including ``off-road'' vehicles in these regulations and reduce the
emissions of on-road vehicles.
\12\ Docket ID: NHTSA-2020-0079-003 Allison Transmission
commented on the current version of the Greenhouse Gas Emissions
Model and recommended five future changes to it.
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The stakeholder organization, Allison Transmission (Allison),
commented on the current version of the Greenhouse Gas Emissions Model
(GEM). Allison commented that ``while the current version of GEM offers
adequate modeling of emissions in vehicles, Allison believes that some
future changes to GEM could prove to be beneficial in improving the
overall accuracy of the model.'' Allison then recommended five changes
to GEM that it believes ``would promote further adoption of current
vehicle technologies and strategies that improve fuel economy (FE) . .
. as well as continue to enhance the accuracy of the modeled vs actual
FE performance.''
NHTSA appreciates the comment from Allison. However, changes to the
GEM are beyond the scope of this rulemaking. Although NHTSA relies on
outputs from GEM to generate emissions and fuel consumption performance
results and allows manufacturers to use GEM for compliance purposes,
GEM was developed by EPA, who continues to maintain and update it.
Accordingly, while NHTSA provides input to EPA regarding GEM and
conducts its own analysis when deciding the appropriateness of using
GEM in its fuel efficiency program, comments requesting changes to GEM
are more appropriately addressed to EPA.
In conjunction with its final rule issued on June 29, 2021, EPA
issued a notice of proposed rulemaking (NPRM) proposing further
revisions to GEM.\13\ In the NPRM, EPA proposed to revise GEM after
consideration of comments solicited and received on its technical
amendments NPRM. EPA issued a final rule on July 28, 2022 (87 FR 45257)
that included corrections, clarifications, additional flexibilities,
and adjustment factors to improve the GEM compliance tool.\14\
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\13\ 86 FR 34189.
\14\ Additional information can be found on EPA's website.
``Greenhouse Gas Emissions Model (GEM) for Medium- and Heavy-Duty
Vehicle Compliance.'' (n.d.). https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty. Accessed July 2, 2023.
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While none of the comments NHTSA received were within the scope of
the proposal, the agency appreciates the information and opinions
provided.
C. Overview of the Final Rule
NHTSA is largely finalizing the requirements proposed in the NPRM.
Although NHTSA is not making any changes based on the comments
received, NHTSA is making minor changes to better align NHTSA with the
changes EPA finalized regarding updates to the GEM as well as other
minor technical amendments. The changes NHTSA is finalizing are
described in more detail below.
D. Authority Citation for Part 535
NHTSA is amending the citation for part 535 to remove reference to
49 U.S.C. 30101 because the provision does not pertain to NHTSA's
authority to establish a fuel efficiency program for medium- and heavy-
duty vehicles and engines.
E. 49 CFR 535.1 Scope
NHTSA is amending Sec. 535.1 by removing the reference to trailers
from the scope section of MDHD Fuel Efficiency Program regulation,
consistent with the 2021 D.C. Circuit decision discussed above.
F. 49 CFR 535.3 Applicability
1. Section 535.3(a) Enforcement Action Related to Compliance With NHTSA
Standards
While NHTSA proposed amending Sec. 535.3(a) to clarify the
applicability and compliance provisions of its MDHD Fuel Efficiency
Program, NHTSA no longer believes the proposed changes are appropriate.
Accordingly, NHTSA is not finalizing any changes to Sec. 535.3(a).
2. Section 535.3(c) Applicable Vehicle and Engine Manufacturers
NHTSA is revising Sec. 535.3(c) by removing an outdated reference
to 40 CFR part 86 and adding the specific subpart references for 40 CFR
parts 1036 and 1037, such that the regulation will now reference 40 CFR
part 1036, subpart C and 40 CFR part 1037, subpart C.
3. Section 535.3(d)(5) Exclusion of Heavy-Duty Trailers
NHTSA is removing paragraph (d)(5) from Sec. 535.3, consistent
with the 2021 D.C. Circuit decision discussed above, and reserving it
for future use.
4. Section 535.3(e)(1) Off-Road Vocational Vehicle Exemption
NHTSA is revising Sec. 535.3(e)(1) by removing details regarding
exemptions and just referencing NHTSA's provision at Sec. 535.5(b)(9)
that provides complete details about off-road exemptions. This change
is intended to reduce confusion by providing details in only one
location in NHTSA's regulations. Although NHTSA proposed adding
additional details to paragraph (e)(1) to
[[Page 18811]]
better align with EPA's provision, NHTSA now believes those details
would be more appropriately placed in Sec. 535.5(b)(9). As discussed
below, NHTSA is finalizing a technical amendment to add language to
Sec. 535.5(b)(9) that allows vocational vehicles with a date of
manufacture before January 1, 2021, to automatically qualify for an
exemption under Sec. 535.5(b)(9) if the tires installed on the vehicle
have a maximum speed rating at or below 55 miles per hour. This new
provision, found at 49 CFR 535.5(b)(9)(i), reflects the intention of
the NPRM and achieves consistency with 40 CFR 1037.150(h).
5. Section 535.3(e)(2)(ii)(A) and (B) Early Certification for Small
Manufacturers
In the NPRM, NHTSA proposed adding paragraphs (A) and (B) to Sec.
535.3(e)(2)(ii) to discuss two flexibilities to NHTSA's compliance
provisions for small manufacturers. While, NHTSA is not finalizing the
exact language proposed, NHTSA is finalizing the substance of the
proposed change. Vehicle manufacturers that qualify as small businesses
are exempt from the Phase 1 standards but must meet the Phase 2
standards beginning January 1, 2022. However, some vehicle families
have been certified voluntarily to Phase 1 standards by small
manufacturers. To encourage more voluntary early certification to Phase
1 standards, EPA finalized a new interim provision in 40 CFR
1037.150(c)(4) for small manufacturers that certify their entire U.S.-
directed production volume to the Phase 1 standards for calendar year
2021 (see 86 FR 34337). These small manufacturers will be allowed to
certify to the Phase 1 standards for model year 2022, instead of the
otherwise applicable Phase 2 standards. The agencies believe that early
compliance with the Phase 1 standards should more than offset any
reduction in benefits that will otherwise be achieved from meeting
Phase 2 standards starting January 1, 2022.\15\ NHTSA is finalizing
this change at Sec. 535.3(e)(2)(ii)(B) and has shifted some existing
language from Sec. 535.3(e)(2)(ii) into a new subparagraph (A).
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\15\ EPA stated that it believed that the magnitude of any
impact on air quality would be small because of the low production
volumes from these small business manufacturers.
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NHTSA also proposed allowing Phase 1 compliance credits that small
manufacturers generate from model years 2018 through 2022 for
vocational vehicles to be used through model year 2027. In the NPRM,
NHTSA cited EPA's rationale for making its corresponding change. In its
final rule, EPA stated that the agencies believe that the limit on
credit life can be problematic for small manufacturers because their
limited product lines provide them with less flexibility when averaging
their fleets. EPA also stated that the agencies believe the longer
credit life will provide small manufacturers with additional
flexibility to ensure all their products are fully compliant by the
time the Phase 2 standards are fully phased-in for model year 2027.
NHTSA continues to believe that the rationale for these changes is
valid. However, the scope of the change is smaller than NHTSA
recognized when proposing the additional flexibility for small
manufacturers. NHTSA's rationale in adopting EPA's reasoning was
predicated on an incorrect understanding of the regulation. In
proposing the technical amendment, NHTSA believed that all credit carry
forwards for vocational vehicles between Phase 1 and Phase 2 were
limited by the five-year credit life. This is incorrect. Under the
existing regulations, fuel consumption credits a manufacturer generates
for light and medium heavy-duty vocational vehicles in model years 2018
through 2021 may be used through model year 2027, instead of being
limited to a five-year credit life. These credits, generated under the
Phase 1 program, can be used for compliance in the Phase 2 averaging,
banking, and trading program. The existing regulations limit the use of
fuel consumption credits generated for heavy heavy-duty vocational to a
five-year credit life. Therefore, the proposed change would only extend
the credit flexibility to heavy heavy-duty vocational vehicles produced
by small manufacturers.
As EPA stated in its final rule, the agencies believe that the
limit on credit life can be problematic for small manufacturers because
their limited product lines provide them with less flexibility when
averaging their fleets. The agencies believe the longer credit life
will provide small manufacturers with additional flexibility to ensure
all their products are fully compliant by the time the Phase 2
standards are fully phased-in for model year 2027. Therefore, NHTSA
will finalize an amendment, harmonizing with EPA's regulations, to
allow fuel consumption credits generated for heavy heavy-duty
vocational vehicles produced by small manufacturers in model years 2018
through 2021 to be used through 2027, instead of being limited to a
five-year credit life. This provision, however, is being more
appropriately added to Sec. 535.7(a)(8), which includes provisions for
credit transfers between Phase 1 and Phase 2.
Additionally, NHTSA is finalizing an amendment to address credit
carry forwards for small manufacturers that certify 2022 vehicles to
Phase 1 standards if the manufacturer voluntarily certified its entire
U.S.-directed production volume to the Phase 1 standards for calendar
year 2021. Specifically, NHTSA is adding a provision stating that fuel
consumption credits that a small manufacturer generates for vocational
vehicles in model year 2022 that are certified to Phase 1 standards as
permitted under Sec. 535.3(e)(2)(ii)(B) may be used through model year
2027. This provision is also being more appropriately added to Sec.
535.7(a)(8), which includes provisions for credit transfers between
Phase 1 and Phase 2. Although NHTSA's rationale for making this change
varies slightly from EPA, the changes themselves maintain program
alignment across both agencies.
6. Section 535.3(e)(3) Transitional Allowance for Trailers
NHTSA is removing 535.3(e)(3) from its regulations, consistent with
the 2021 D.C. Circuit decision discussed above, and reserving it for
future use.
Section 535.3(j) Potential Enforcement Actions for Incomplete,
Incorrect or Fraudulent Information
In the NPRM, NHTSA proposed adding paragraph (j) to Sec. 535.3.
The new paragraph was intended outline eligibility determinations and
potential enforcement actions under the NHTSA fuel efficiency program
if EPA denies, suspends or revokes, a manufacturer's certificate of
conformity in accordance with 40 CFR 1036.255 or 1037.255, due to
incomplete, incorrect or fraudulent information. However, NHTSA has
decided not to finalize the provision because the agency no longer
believes it is necessary. Manufacturers that submit fraudulent
information may be subject to enforcement action under 18 U.S.C. 1001.
Additionally, there is already an existing provision at Sec.
535.8(a)(3) explaining that manufacturers providing incomplete
information may be subject to civil penalties in accordance with 49
U.S.C. 32912 and a provision at Sec. 535.9(a)(10) indicating actions
NHTSA may take if EPA suspends or revokes a certificate of conformity.
G. 49 CFR 535.4 Definitions
NHTSA is adding several new terms to its list of definitions and
modifying the definitions of several existing terms
[[Page 18812]]
on the list to clarify the meaning of those terms. Almost all these
definitions reference EPA regulatory definitions to ensure alignment of
the NHTSA and EPA programs.
1. Introductory Text
NHTSA is amending the introductory text by updating the statutory
reference for the definitions of the terms manufacture and manufacturer
to reference 49 U.S.C. 32901.
2. Act
NHTSA is removing the term Act because it is no longer used in part
535.
3. Adjustable Parameter
NHTSA is adding the term adjustable parameter and defining it as
having the same meaning given in 40 CFR 1065.1001. However, while the
NPRM proposed only referencing 40 CFR 1037.801, NHTSA now believes it
is more appropriate to provide the entire definition and reference 40
CFR 1065.1001, which includes EPA's definition for adjustable
parameter, and 40 CFR 1068.50, which provides general provisions that
apply to adjustable parameters.
4. Advanced Technology
NHTSA is amending the definition of advanced technology to remove
an outdated reference and to streamline the definition to specify that
it is specific vehicle technology for which manufacturers may earn
special credits under Sec. 535.6 and Sec. 535.7 (e.g., hybrids with
powertrain designs that include energy storage systems, vehicles with
waste heat recovery, electric vehicles, and fuel cell vehicles).
5. Alterers
NHTSA is amending the term alterers to be alterer as the definition
refers to a single manufacturer.
6. Alternative Fuel Conversion
Although NHTSA proposed adding the term alternative fuel conversion
and defining it as having the meaning given for clean alternative fuel
conversion in 40 CFR 85.502, the term already appears in the current
regulation. Accordingly, NHTSA is not making any changes to the term.
7. Averaging Set
NHTSA is removing the terms ``Long trailers'' and ``Short
trailers'' from the definition of Averaging set, consistent with the
2021 D.C. Circuit decision.
8. Certificate of Conformity
In its 2021 final rule, EPA amended 40 CFR 1036.225(e) and
1037.225(e) by adding a statement that clarifies the application date
for amended applications for the certification of engine and vehicle
families submitted to EPA under 40 CFR 1036 subpart C and 1037 subpart
C, respectively.\16\ In response, NHTSA proposed updating its
definition of Certificate of Conformity to include the same language
finalized by EPA because the clarifications are also applicable to
NHTSA's fuel efficiency program. After further consideration, NHTSA
determined that no changes were needed to NHTSA's current definition to
maintain program alignment across the agencies. Accordingly, NHTSA is
not finalizing any change to the definition of Certificate of
Conformity.
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\16\ 86 FR 34308, as corrected by documents published on
September 23, 2021 (86 FR 52833) and October 26, 2022 (87 FR 64864).
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9. Certified Emission Level
NHTSA is finalizing a technical amendment to remove the definition
of certified emission level because the term is not used within part
535 and to the extent that term is used in EPA's program for engine and
vehicle families, the terms are defined in the respective regulations
at 40 CFR 1036.801 and 1037.801.
10. Class
NHTSA is removing the reference to trailers from its definition of
class, consistent with the 2021 D.C. Circuit decision.
11. Defeat Device
NHTSA is adding the term defeat device and defining it as having
the same meaning given in 40 CFR 86.004-2. The addition will include a
full definition of the term and note that the term is also defined in
EPA's regulations at 40 CFR 86.004-2.
12. Emission Data Engine
Although NHTSA proposed adding the term emission data engine and
defining it as having the meaning given in 40 CFR 1036.801, NHTSA has
reconsidered. Since the term is not used in part 535, NHTSA does not
believe it is necessary or appropriate to define the term at Sec.
535.4.
13. Engine Configuration
NHTSA is adding the term engine configuration and defining it as
having the same definition as given in 40 CFR 1036.801. However, while
the NPRM proposed only referencing 40 CFR 1036.801, NHTSA now believes
it is more appropriate to provide the entire definition and noting that
the definition is also found in 40 CFR 1036.801.
14. Engine Identification Number
NHTSA is adding the term engine identification number and defining
it to have the same meaning as given in 40 CFR 1036.801 for
identification number. This nonsubstantive change is to maintain
alignment with EPA's program.
15. Flexible-Fuel
NHTSA is adding the term flexible-fuel and defining it as having
the same meaning given in 40 CFR 1036.801. However, while the NPRM
proposed only referencing 40 CFR 1036.801, NHTSA now believes it is
more appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1036.801.
16. Fuel Type
NHTSA is adding the term fuel type and defining it as having the
same meaning given in 40 CFR 1036.801. However, while the NPRM proposed
only referencing 40 CFR 1036.801, NHTSA now believes it is more
appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1036.801.
17. Gear Ratio
NHTSA is adding the term gear ratio or transmission gear ratio, kg
and defining it as having the same meaning given in 40 CFR 1037.801.
However, while the NPRM proposed referencing 40 CFR 1036.801, the
correct reference is Sec. 1037.801. Additionally, while NHTSA proposed
only referencing EPA's definition, NHTSA now believes it is more
appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1037.801.
18. Good Engineering Judgment
NHTSA is amending 535.4 to place the term good engineering
judgement in the correct alphabetical order.
19. Greenhouse Gas
In the NPRM, NHTSA proposed adding the term greenhouse gas and
defining it as having the meaning given in 40 CFR 1036.801. However,
upon reconsideration NHTSA has determined that it is unnecessary to
define it in part 535.
20. Heavy-Duty Engine
NHTSA is adding the term heavy-duty engine and defining it as
having the meaning given in 49 CFR 523.2. Although NPRM proposed
referencing both 40 CFR 1036.801 and 49 CFR 523.2, NHTSA believes it is
unnecessary to reference both. Additionally, NHTSA
[[Page 18813]]
will reference the specific section, Sec. 523.2, instead of the
general part number.
21. Hybrid or Hybrid Vehicle
NHTSA is amending the term hybrid vehicle to be hybrid or hybrid
vehicle because part 535 uses hybrid as a standalone term to mean
hybrid vehicle. The definition of hybrid or hybrid vehicle will remain
the same as the definition of hybrid vehicle currently in Sec. 535.4.
NHTSA has determined that is not appropriate to reference the
definition of hybrid in 40 CFR 1036.801 because that term is defined in
part as an ``engine or powertrain'' and NHTSA's use of the term hybrid
as a standalone term in part 535 is to hybrid vehicles, not hybrid
engines or powertrains. This definition aligns with the definition for
hybrid vehicle in 40 CFR 1037.801.
22. Hybrid Engine
To develop consistency with the revised hybrid powertrain test
procedures it recently finalized in 40 CFR part 1036, subpart F, EPA
has added the term hybrid engine along with its definition to 40 CFR
1036.801. To maintain alignment across the agencies, NHTSA is removing
the term hybrid engine or powertrain and adding the terms hybrid engine
and hybrid powertrain and defining the terms as having the same
meanings given in 40 CFR 1036.801. However, while the NPRM proposed
only referencing 40 CFR 1036.801, NHTSA now believes it is more
appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1036.801.
23. Hybrid Powertrain
To develop consistency with the revised hybrid powertrain test
procedures it recently finalized in 40 CFR part 1036, subpart F, EPA
has added the term hybrid powertrain along with its definition to 40
CFR 1036.801. To maintain alignment across the agencies, NHTSA is
adding the term hybrid powertrain and defining it as having the same
meaning given in 40 CFR 1036.801. However, while the NPRM proposed only
referencing 40 CFR 1036.801, NHTSA now believes it is more appropriate
to provide the entire definition and noting that the definition is also
found in 40 CFR 1036.801.
24. Manufacturer
In the NPRM, NHTSA proposed adding the term manufacturer and
defining it as having the meaning given in 40 CFR 1037.801. However,
NHTSA is not finalizing this change because the term manufacturer is
defined in 49 U.S.C. 32901, as stated in the introductory paragraph to
49 CFR 535.4.
25. Model Year
NHTSA is revising its definition for model year as it pertains to
vehicles and engines. NHTSA is also removing the reference to trailers
from its definition of model year as it applies to vehicles, consistent
with the 2021 D.C. Circuit decision. NHTSA has included the
specifications for model year for vehicles and engines into a single
definition as the same term is used for both vehicles and engines. The
meanings for the vehicle categories and for engines are retained.
Additionally, while the NPRM proposed adding details regarding ABT
reports into the definition of model year, NHTSA has reconsidered. The
details are already found in 49 CFR 535.8 and NHTSA has concluded that
it is not appropriate or necessary to include them in the definition
section.
26. Motor Vehicle
NHTSA is adding the term motor vehicle and defining it as having
the meaning given in 49 CFR 523.2. Although the NPRM proposed defining
the term as having the meaning in 49 U.S.C. 32901, NHTSA has since
realized that the term does not appear in section 32901.
27. Multi-Purpose
NHTSA is adding the term multi-purpose and defining it as having
the same meaning given in 40 CFR 1037.801. However, while the NPRM
proposed only referencing 40 CFR 1037.801, NHTSA now believes it is
more appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1037.801.
28. Neutral-Idle
NHTSA is adding the term neutral-idle and defining it as having the
same meaning given in 40 CFR 1037.801. However, while the NPRM proposed
only referencing 40 CFR 1037.801, NHTSA now believes it is more
appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1037.801.
29. New Vehicles
In the NPRM, NHTSA proposed adding the term new vehicles and
defining it as having the meaning given to new motor vehicle in 40 CFR
1037.801. However, upon reconsideration, NHTSA has determined that is
not necessary to define the term in part 535.
30. Percent
NHTSA is adding the term percent and defining it as having the same
meaning given in 40 CFR 1065.1001, which is the definition referenced
in 40 CFR 1037.801. However, while the NPRM proposed only referencing
40 CFR 1037.801, NHTSA believes it is more appropriate to provide the
entire definition and noting that the definition is also found in 40
CFR 1037.801 and 40 CFR 1065.1001.
31. Phase 2
NHTSA is removing the reference to trailers from its definition of
Phase 2, consistent with the 2021 D.C. Circuit decision.
32. Placed Into Service
NHTSA is adding the term Placed into service and defining it as
having the same meaning given in 40 CFR 1037.801. However, while the
NPRM proposed only referencing 40 CFR 1037.801, NHTSA believes it is
more appropriate to provide the entire definition and noting that the
definition is also found in 40 CFR 1037.801.
33. Primary Intended Service Class
NHTSA is amending the definition of primary intended service class
to update an incorrect reference in the existing text. The change is
nonsubstantive and only changes two references in paragraph (2)(iii).
34. Rechargeable Energy Storage System (RESS)
NHTSA is amending the definition of rechargeable Energy Storage
System (RESS) to correct a typographical error.
35. Regulatory Subcategory
NHTSA is removing trailer subcategories from its definition of
regulatory subcategory, consistent with the 2021 D.C. Circuit decision,
and reserving the paragraph for future use.
36. Relating To
NHTSA is adding the term relating to and defining it as having the
same meaning given in 40 CFR 1037.801. However, while the NPRM proposed
only referencing 40 CFR 1037.801, NHTSA believes it is more appropriate
to provide the entire definition and noting that the definition is also
found in 40 CFR 1037.801.
37. Round
NHTSA is adding the term round and defining it as having the same
meaning given in 40 CFR 1065.1001. However, while the NPRM proposed
only referencing 40 CFR 1065.1001, NHTSA believes it is more
appropriate to
[[Page 18814]]
provide the entire definition and noting that the definition is also
found in 40 CFR 1065.1001.
38. Standard Payload
NHTSA is removing paragraph (3), which includes defined standard
payloads for trailers, from its definition of standard payload. This
change is consistent with the 2021 D.C. Circuit decision.
39. Standard Tractor
In the NPRM, NHTSA proposed amending the definition of standard
tractor by defining it as having the meaning given in 40 CFR 1037.801
not 40 CFR 1037.501, which is how it's currently defined. However, upon
reconsideration, NHTSA determined that it was not necessary to define
the term in part 535. Accordingly, NHTSA is removing the term standard
tractor from the definitions section.
40. Standard Trailer
NHTSA is amending the definition for standard trailer by defining
it as having the same meaning given in 40 CFR 1037.801 not 40 CFR
1037.501, which is how it's currently defined. However, while the NPRM
proposed only referencing 40 CFR 1037.501, NHTSA now believes it is
more appropriate to provide the entire definition and note that the
definition is also found in 40 CFR 1037.801.
41. Stop-Start
NHTSA is adding the term stop-start and defining it to have the
same meaning as given for stop-start in 40 CFR 1037.801. However, while
the proposed regulatory text in the NPRM only included a reference to
40 CFR 1037.801, NHTSA now believes it is more appropriate to include
the entire definition and note that the definition is also found in 40
CFR 1037.801.
42. Suspend
In the NPRM, NHTSA proposed adding the term Suspend and defining it
as having the meaning given in 40 CFR 1037.801. However, NHTSA has now
concluded that the proposed definition is neither necessary nor
appropriate at it applies to NHTSA's use of the term suspend in part
535. Accordingly, NHTSA is not adding the term to the definition
section of part 535.
43. Vehicle Identification Number
In the NPRM, NHTSA proposed adding the term identification number
and defining it as having the meaning given in 40 CFR 1037.801.
However, upon reconsideration, NHTSA realized that the term
identification number is defined in both 40 CFR part 1037 and 40 CFR
part 1036, with one term applying to vehicles and one applying to
engines. To reduce confusion, NHTSA is finalizing amendments to add two
new terms, vehicle identification number and engine identification
number. Because NHTSA establishes requirements for vehicles to be
assigned unique vehicle identification numbers, or VINs, NHTSA is
defining vehicle identification number for purposes of part 535 as
having the same meaning as VIN in 49 CFR 565.12.
44. Vehicle Service Class
NHTSA is revising the definition of vehicle service class to align
with the changes EPA to their definition given in 40 CFR 1037.140.
Although the NPRM proposed only referencing EPA's definition in 40 CFR
1037.140, NHTSA has concluded that it is important to maintain the
entire definition as there are some important terminology differences
between EPA's definition and NHTSA's that should be retained. However,
even with these differences, the terms are aligned.
The recent EPA technical amendments clarify that the classification
for tractors, where provisions are the same as vocational vehicles, are
applicable to both hybrid and non-hybrid vehicles. The amendments also
clarify that Class 8 hybrid and electric vehicles are considered heavy
heavy-duty ``HHD'' vehicles while all other vehicles are classified by
GVWR classes.
EPA explained in its final rule that prior to these revisions,
manufacturers had expressed concern that the Phase 2 regulations were
not specific enough regarding how to classify hybrid vocational
vehicles, because vocational vehicles are generally classified by the
class of the engines (as opposed to tractors, which are classified
based on GVW), which was not applicable to electrically driven vehicles
that have no engine.
To address these problems, EPA proposed changes to Sec.
1037.140(g)(1) to clarify that the classification for tractors where
provisions are the same as vocational vehicles applies for hybrid and
non-hybrid vehicles, and paragraph (g)(4) to clarify that Class 8
hybrid and electric vehicles are Heavy HHVs and all other vehicles are
classified by GVWR classes. The changes we are finalizing maintain
alignment with EPA's changes.
45. Void
In the NPRM, NHTSA proposed adding the term void and defining it as
having the meaning given in 40 CFR 1037.801. However, NHTSA has now
concluded that the addition of the term is not necessary as the only
use of the term in part 535 is in reference to an EPA action, and EPA
provides its own definition for the term.
H. 49 CFR 535.5 Standards
1. Section 535.5(a) Introductory Text
NHTSA is amending Sec. 535.5(a) introductory text to clarify its
regulatory standards relating to heavy-duty pickup trucks and vans.
More specifically, the agency is adding language that ensures that
manufacturers use the same options for purposes of grouping vehicles
and/or engines for applying target standards and determining compliance
for both EPA's and NHTSA's programs. NHTSA is also adding clarifying
language explaining that engines installed in vehicles that are subject
to the standards in paragraph (a) are not subject to the standards in
paragraph (d) of this section and may not optionally comply with
paragraph (d).
2. Section 535.5(a)(1)
NHTSA is amending Sec. 535.5(a)(1) to update an outdated cross
reference, such that the reference to 40 CFR 86.1819 now reads ``40 CFR
86.1819-14''.
3. Section 535.5(b) Introductory Text
NHTSA is amending the introductory text of Sec. 535.5(b) to
clarify its regulatory standards relating to heavy-duty vocational
vehicles. More specifically, the agency is adding language that ensures
manufacturers use the same options for purposes of grouping vehicles
and/or engines for applying standards and determining compliance for
both EPA's and NHTSA's programs.
4. Section 535.5(b)(1)(iii)(B)
NHTSA is removing paragraph (B) from Sec. 535.5(b)(1)(iii) and
reserving it for future use. This change removes the requirement for
heavy-duty vocational vehicles that meet the requirement in Sec.
535.5(b)(1)(iii)(A) by being equipped with tire pressure monitoring
systems to use low pressure warning and malfunction telltales in clear
view of the driver as specified in S4.3 and S4.4 of 49 CFR 571.138. The
revision, however, does not remove the requirements in Sec.
535.5(b)(6)(vi)(C) for motorhomes that comply with Sec.
535.5(b)(6)(vi)(B) by having a TPMS.
5. Section 535.5(b)(4)
NHTSA is correcting the Vocational HHD Vehicle Regional compression
ignition (CI) standards. The current published standard for this
vehicle class
[[Page 18815]]
is incorrect and does not align with EPA GHG standards for this vehicle
type. The incorrect values resulted from an incorrect calculation
during the Phase 2 rulemaking which intended to maintain alignment of
the NHTSA and EPA standards. The corrected value for this regulatory
class is 20.1375 gallons per 1000 ton-miles not 20.2358 gallons per
1000 ton-miles, which is the currently published standard.
6. Section 535.5(b)(9)(i) Introductory Text
NHTSA is amending the introductory text of Sec. 535.5(b)(9)(i) to
align with EPA's technical amendments by adding an exemption provision
for vocational vehicles with a date of manufacture before January 1,
2021. With this provision, vocational vehicles automatically qualify
for an exemption under Sec. 535.5(b)(9), if the tires installed on the
vehicle have a maximum speed rating at or below 55 miles per hour.
7. Section 535.5(c) Introductory Text
NHTSA is amending the introductory text of Sec. 535.5(c) to
clarify its regulatory standards relating to truck tractors. More
specifically, the agency is adding language that ensures manufacturer
options (in terms of grouping vehicles and/or engines for purposes of
applying standards and determining compliance) for EPA and NHTSA
vehicle standards are aligned across both agencies.
8. Section 535.5(c)(5)
NHTSA is revising its Alternate Fuel Consumption Standards for
Tractors above 120,000 pounds GCWR for model year 2021 and later. The
revised standards are directly aligned with the revised GHG standards
for this class of vehicles proposed and finalized by EPA as part of its
technical amendment rulemaking.\17\ The revised standards provide
additional clarity on this vehicle class along with fuel efficiency
standards that increase in three increments, model years 2021 through
2023, model years 2024 through 2026, and model years 2027 and later.
---------------------------------------------------------------------------
\17\ In December 2020, EPA proposed further revisions to the
Phase 2 GEM Simulation Model in the December 2020 Notice of Proposed
Rulemaking (NRPM) for technical amendments to the GHG Emissions
Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty
Vehicles and is soliciting comments on these revisions. S. The
latest EPA's GEM model is released and can be found https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty which incorporates the
revisions being considered.'' (last accessed: May 11, 2022)
---------------------------------------------------------------------------
As described in EPA's final rulemaking action, the agencies
originally defined these alternate fuel consumption and greenhouse-gas
standards during the Phase 2 rulemaking, to enable Environment and
Climate Change Canada (ECCC) to fully harmonize with the U.S.'s HD
Phase 2 standards.
In the interim, ECCC has since adopted final standards for these
120,000- to 140,000-pound GCWR tractors, which differ from the optional
standards finalized in Phase 2.\18\ Since the purpose of these
standards was to facilitate certification of vehicles intended for
Canada, EPA proposed optional standards in 40 CFR 1037.670 that would
be the same as the final ECCC standards, and did not receive any
adverse comments regarding that proposal. NHTSA is adopting these
alternative standards, in gallons per 1,000 ton-miles, for 120,000- to
140,000-pound GCWR tractors that are equivalent to the EPA and ECCC
standards. This maintains harmonization across the programs for all
three agencies.
---------------------------------------------------------------------------
\18\ Regulations Amending the Heavy-duty Vehicle and Engine
Greenhouse Gas Emission Regulations and Other Regulations Made Under
the Canadian Environmental Protection Act, 1999: SOR/2018-98, Canada
Gazette, Part II, Volume 152, Number 11, May 16, 2018.
---------------------------------------------------------------------------
9. Section 535.5(d) Introductory Text
NHTSA is clarifying the introductory text of 49 CFR 535.5(d) to
expand its regulatory provision to optionally accommodate powertrain
families and subfamilies added by EPA in 40 CFR 1036.108(a), and
1036.230(d), and 1036.230(f). The EPA provisions allow manufacturers to
apply CO2 standards to powertrain families and subfamilies.
They also allow manufacturers to optionally certify powertrains using
the engine testing provisions in 40 CFR part 1036 instead of part 1037.
Manufacturers may choose to include electric powertrain and hybrid
electric powertrain emissions in their engine families or subfamilies
under 40 CFR part 1036 instead of (or in addition to) the otherwise
applicable engine fuel maps. Doing so provides the same compliance
options for manufacturers under the EPA and NHTSA programs. NHTSA is
finalizing a similar amendment to Sec. 535.6(d).
NHTSA is also amending the introductory text of Sec. 535.5(d) to
add language that ensures manufacturer options (in terms of grouping
engines for purposes of applying standards and determining compliance)
for EPA and NHTSA standards are aligned across both agencies.
10. Section 535.5(d)(3)
NHTSA is correcting the Heavy-Duty Engine Fuel Consumption
Standards for Phase 1 MHD and HHD compression ignition (CI) tractor
engines. The current published standards for these engine classes are
incorrect, and do not align with EPA GHG standards for these engine
types. The incorrect values resulted from an incorrect calculation
during the Phase 2 rulemaking which intended to maintain alignment of
the NHTSA and EPA standards. The corrected values for these regulatory
classes are 4.7839 gallons per 100 hp-hr for MHD CI tractor engines and
4.5187 gallons per 100 hp-hr for HHD CI tractor engines.
11. Section 535.5(d)(11)(i)(A) and (C)
NHTSA is correcting the Alternate transition option for Phase 2
engine standards (i)(A) and (C). The current published standards for
these engine standards are incorrect, and do not align with current EPA
GHG standards for these engine types. The incorrect values resulted
from an incorrect calculation during the Phase 2 rulemaking which
intended to maintain alignment for the NHTSA and EPA standards. The
corrected values for these regulatory classes are 5.3241 gallons per
100 hp-hr for MHD vocational vehicle engines and 5.0098 gallons per 100
hp-hr for HHD vocational engines.
12. Section 535.5(e)
NHTSA is removing paragraph (e) from Sec. 535.3, which removes the
Heavy-duty Trailer standards, consistent with the 2021 D.C. Circuit
decision, discussed above.
I. 49 CFR 535.6 Measurement and Calculation Procedures
1. Section 535.6(b)(1)
NHTSA is amending Sec. 535.6(b)(1) by adding a reference to EPA's
finalized regulation at 40 CFR 1037.150. This added reference will
provide clear guidance that will be used to determine the proper
vehicle and vehicle family to select when determining a manufacturer's
regulatory subcategories for vocational vehicles and tractors. The
addition also maintains program alignment across the agencies.
2. Section 535.6(b)(4)(ii)
NHTSA is amending Sec. 535.6(b)(4)(ii) by adding references to
EPA's finalized regulations at 40 CFR 1037.525, 1037.527, and 1037.528.
These added references clarify how to determine a high-roof tractor's
aerodynamic performance. EPA finalized this revision to more clearly
relate the drag areas to
[[Page 18816]]
the defined effective yaw variable, as recommended by EMA as a comment
to the EPA proposal.\19\ NHTSA is adopting this same measurement schema
to keep programs aligned across the agencies. NHTSA is also amending
Sec. 535.6(b)(4)(ii) to provide manufacturers with an alternate
compliance approach for determining coefficient of aerodynamic drag
values in GEM.
---------------------------------------------------------------------------
\19\ The variables
CdAeffective-yaw-coastdown and
CdAeffective-yaw-alt are now
CdAcoastdown([psi]eff) and
CdAalt([psi]eff), respectively.
---------------------------------------------------------------------------
3. Section 535.6(b)(5)(i)
NHTSA is revising Sec. 535.6(b)(5)(i) to change the reference to
an EPA regulation from 40 CFR 1036.510 to 1036.503. This revision
aligns the NHTSA regulations to the revised and finalized EPA
regulations, which also keeps the agencies' programs aligned.
4. Section 535.6(b)(5)(v)(E)(3)
NHTSA is adding paragraph (3) to Sec. 535.6(b)(5)(v)(E), which
allows manufacturers to characterize torque converters to determine
their own torque converter capacity factor instead of using the default
value provided in GEM. This change aligns with EPA provisions in 40 CFR
1037.570 and maintains program alignment across both agencies.
5. Section 535.6(b)(5)(v)(E)(4)
NHTSA is adding paragraph (4) to Sec. 535.6(b)(5)(v)(E), which
allows vocational vehicles to input a value for neutral coasting in GEM
as a compliance option for its fuel consumption program. This revision
aligns the NHTSA regulations with the EPA regulations in 40 CFR
1037.520 and keep both agencies aligned for program compliance.
6. Section 535.6(d) Introductory Text
Like Sec. 535.5(d), NHTSA is amending the introductory text of
Sec. 535.6(d) by adding clarifications to Sec. 535.6(d) to expand its
regulatory provision to optionally accommodate powertrain families and
subfamilies added by EPA in 40 CFR 1036.108(a), and 1036.230(d), and
1036.230(f). The EPA provisions allow manufacturers to apply
CO2 standards to powertrain families and subfamilies. They
also allow manufacturers to optionally certify powertrains using the
engine testing provisions in 40 CFR part 1036 instead of part 1037.
Manufacturers may choose to include electric powertrain and hybrid
electric powertrain emissions in their engine families or subfamilies
under 40 CFR part 1036 instead of (or in addition to) the otherwise
applicable engine fuel maps. Doing so provides the same compliance
options for manufacturers under the EPA and NHTSA programs.
7. Section 535.6(d)(1)
NHTSA is updating paragraph (d)(1) to reference to EPA regulation
40 CFR 1036.501 for engines in heavy-duty truck tractors and vocational
vehicles that make up each of the manufacturer's regulatory
subcategories. This replaces the reference to 40 CFR part 86 and 40 CFR
1036.235. This change maintains alignment across the NHTSA and EPA
programs.
8. Section 535.6(d)(2) Introductory Text
NHTSA is amending the introductory text of paragraph (d)(2) to
align with the EPA regulation 40 CFR 1036.230(f) by expanding this
regulatory provision to accommodate powertrains other than engines and
to also include sub-families.
9. Section 535.6(d)(3) Introductory Text
NHTSA is amending Sec. 535.6(d)(3) introductory text by replacing
the existing provision with the prescribed emissions tests required for
medium HD and heavy HD engines certified as a tractor and other long-
haul engine family as well as those certified as a tractor and
vocational engine family. In the same paragraph, NHTSA also prescribes
the emissions test required for all other engines. These amendments are
being made to align with EPA's technical amendments and to provide
greater clarity to manufacturers about how compliance must be
determined for the different types of engines.
10. Section 535.6(d)(3)(ii)
NHTSA is expanding the provisions of Sec. 535.6(d)(3)(ii) to
powertrains other than engines and subfamilies in addition to families.
This change is being made to maintain alignment with EPA's technical
amendments.
11. Section 535.6(e)
NHTSA is removing paragraph (e) from Sec. 535.6, which removes
heavy-duty trailers from its measurement and calculation procedures,
consistent with the 2021 D.C. Circuit decision.
J. 49 CFR 535.7 Averaging, Banking, and Trading (ABT) Credit Program
1. Section 535.7(a) Introductory Text
NHTSA is removing the references to trailer manufacturers and
trailers from the introductory text of Sec. 535.7(a), consistent with
the 2021 D.C. Circuit decision.
2. Section 535.7(a)(2)(v)
NHTSA is removing the reference to the application of banked or
traded credits to trailers from Sec. 535.7(a)(2)(v), consistent with
the 2021 D.C. Circuit decision.
3. Section 535.7(a)(3)(v)
NHTSA is removing paragraph (v) from Sec. 535.7(a)(3), consistent
with the 2021 D.C. Circuit decision, and reserving it for future use.
4. Section 535.7(a)(4) Introductory Text
NHTSA is amending the introductory text of paragraph (a)(4) to
remove reference to trailers, consistent with the 2021 D.C. Circuit
decision.
5. Section 535.7(a)(4)(v)
NHTSA is removing paragraph (v) from Sec. 535.7(a), consistent
with the 2021 D.C. Circuit decision, and reserving it for future use.
6. Section 535.7(a)(8)(i)
As discussed above, NHTSA is finalizing two amendments to provide
greater flexibility to small manufacturers of vocational vehicles.
First, NHTSA is finalizing an amendment such that fuel consumption
credits a small manufacturer generates for heavy heavy-duty vocational
vehicles in model years 2018 through 2021 may be used through 2027,
instead of being limited to a five-year credit life (this flexibility
is already provided for fuel consumption credits any manufacturer
generates for light and medium heavy-duty vocational vehicles in model
years 2018 through 2021). Second, as discussed above, NHTSA is
finalizing an amendment to address credit carry forwards for small
manufacturers that certify 2022 vehicles to Phase 1 standards if the
manufacturer voluntarily certified its entire U.S.-directed production
volume to the Phase 1 standards for calendar year 2021. Specifically,
NHTSA is adding a provision stating that fuel consumption credits that
a small manufacturer generates for vocational vehicles in model year
2022 that are certified to Phase 1 standards as permitted under Sec.
535.3(e)(2)(ii)(B) may be used through model year 2027.
7. Section 535.7(a)(9)(iv)(B)
NHTSA is amending Sec. 535.7(a)(9)(iv)(B) by adding clarifying
details regarding corporate relationship status as it relates to
production limits for generating credits for drayage tractors under the
custom chassis allowance. In the NPRM, NHTSA proposed language such
that the limit would apply with respect to vehicles
[[Page 18817]]
produced by the parent manufacturer and its owned subordinate
companies. However, to better align with existing regulations, NHTSA is
finalizing language that specifies that the limit applies with respect
to vehicles produced by manufactures within a control relationship as
defined in Sec. 534.3.
8. Section 535.7(a)(11)
NHTSA is adding paragraph (11) to Sec. 535.7(a), which is a
provision that prevents manufacturers from generating fuel consumption
credits more than once for compliance. NHTSA has updated the text that
was proposed in the NPRM to provide greater clarity and to reduce
ambiguity.
9. Section 535.7(b)(1)
NHTSA is amending Sec. 535.7(b)(1) to correct the Total MY Fleet
FCC equation for HDPUVs.
10. Section 535.7(c)(1) Introductory Text
NHTSA is amending the introductory text Sec. 535.7(c)(1) to
correct the Vehicle Family FCC equation for vocational vehicle and
tractor families and subfamilies.
11. Section 535.7(d)(1) Introductory Text
NHTSA is amending the introductory text of Sec. 535.7(d)(1) to
correct the Engine Family FCC equation for heavy-duty engine families
and subfamilies.
12. Section 535.7(d)(7)
NHTSA is amending Sec. 535.7(d)(7) by removing the conditions for
when engine credits generated for compression-ignition engines in model
year 2020 and earlier can be used in model year 2021 and later and
adding them to new lower-level paragraphs in this section.
13. Section 535.7(d)(7)(i)
NHTSA is adding paragraph (i) to Sec. 535.7(d)(7), which states
that engine credits generated for compression-ignition engines
certified to the tractor engine standards in Sec. 535.5(d) in model
year 2020 and earlier can be used in model year 2021 and later. This
provision was in the existing regulation and is just being moved down
to a lower-level paragraph.
14. Section 535.7(d)(7)(ii)
NHTSA is also amending Sec. 535.7(d)(7) by removing the provision
that manufacturers may otherwise use fuel consumption credits generated
in one model year for certifying vehicles in a later model year without
adjustment, even if the consumption standards are different. In its
place, NHTSA is adding paragraph (ii) to Sec. 535.7(d)(7), stipulating
that fuel consumption credits generated for compression-ignition
engines certified to the vocational engine standards in Sec. 535.5(d)
in MY 2020 and earlier can be used in MY 2021 and later in accordance
with specific requirements. Specifically, the fuel consumption credits
may only be used in later years relative to specified family
certification levels (FCLs), consistent with EPA's regulations.
15. Section 535.7(d)(7)(ii)(A)
NHTSA is adding paragraph (A) to Sec. 535.7(d)(7)(ii), which is
the FCL manufacturers should use to calculate credits for compression-
ignition medium HD engines certified to the vocational vehicle
standards in Sec. 535.5(d) in MY 2020 and earlier and will be used in
MY 2021 and later.
16. Section 535.7(d)(7)(ii)(B)
NHTSA is adding paragraph (B) to Sec. 535.7(d)(7)(ii), which is
the FCL manufacturers should use to calculate credits for compression-
ignition heavy HD engines certified to the vocational vehicle standards
in Sec. 535.5(d) in MY 2020 and earlier and will be used in MY 2021
and later.
17. Section 535.7(d)(7)(ii)(C)
NHTSA is adding paragraph (C) to Sec. 535.7(d)(7)(ii), which is
the provision that provides instructions on how to use the FCLs in
paragraphs (A) and (B) of this section to recalculate engine credits
for compression-ignition engines certified to the vocational vehicle
standards in Sec. 535.5(d) that have been generated in Phase 1 but
used in Phase 2 of the program.
18. Section 535.7(e)
NHTSA is removing paragraph (e) from Sec. 535.7, which removes the
ABT provisions for trailers, consistent with the 2021 D.C. Circuit
decision, discussed above, and reserving it for future use.
19. Section 535.7(f)(1)(ii) Introductory Text
NHTSA is amending Sec. 535.7(f)(1)(ii) to clarify the final model
year in which manufacturers may use the advanced technology credit
multipliers to increase the credits they earn for advanced technology
vehicles in Phase 2. In the Phase 2 final rule for the Heavy-Duty
National Program, NHTSA and EPA jointly explained that we were adopting
advanced technology credit multipliers for three types of advanced
technologies. As described in the final rule, there will be a
multiplier of 3.5 for advanced technology credits for plug-in hybrid
vehicles, a multiplier of 4.5 for advanced technology credits for all-
electric vehicles, and a multiplier of 5.5 for advanced technology
credits for fuel cell vehicles. The agencies stated that their
intention in adopting these multipliers was to create a meaningful
incentive to manufacturers considering adopting these technologies in
their vehicles. The agencies further noted that the adoption rates for
these advanced technologies in heavy vehicles was essentially non-
existent at the time the final rule was issued and seemed unlikely to
grow significantly within the next decade without additional
incentives. Because of their large size, the agencies decided to adopt
them as an interim program that will continue through model year 2027.
These changes, however, were not accurately reflected in the regulatory
changes made by the Phase 2 final rule. NHTSA is now amending the
introductory text of Sec. 535.7(f)(1)(ii) to clarify that for Phase 2,
advanced technology credits may be increased by the applicable
multiplier through model year 2027.
20. Section 535.7(f)(1)(ii)(G)
NHTSA is adding paragraph (G) to Sec. 535.7(f)(1)(ii) to add a
provision clarifying that advanced technology credits increased with a
multiplier in Phase 2 cannot be used across averaging sets. In the
Phase 2 final rule, the agencies explained that because of the adoption
of the large multipliers, the agencies were discontinuing the allowance
to use advanced technology credits across averaging sets. This change
was not accurately reflected in the regulatory changes made by the
Phase 2 final rule; therefore, NHTSA is adding the provision as Sec.
535.7(f)(1)(ii)(G).
21. Section 535.7(f)(2)(v)
NHTSA is removing paragraph (v) from Sec. 535.7(f)(2), which
removes the provision that provides manufacturers with the ability to
apply the off-cycle provisions of Sec. 535.7(f)(2) and 40 CFR 1037.610
to trailers, consistent with the 2021 D.C. Circuit decision discussed
above, and reserving it for future use.
K. 49 CFR 535.8 Reporting and Recordkeeping Requirements
1. Section 535.8(a)(6)
NHTSA is amending Sec. 535.8(a)(6) to correct the mailing address
for NHTSA to 1200 New Jersey Avenue SE, NVS-200, Office W45-306,
Washington, DC 20590.
[[Page 18818]]
2. Section 535.8(g)(11)(i)(C)
Like Sec. 535.6(d)(3)(ii), NHTSA is expanding the provisions of
Sec. 535.8(g)(11)(i)(C) to broaden the language to provide clarity
that the provision is referring to ``engine and powertrain families and
subfamilies'' as opposed to just ``engine families.''
3. Section 535.8(g)(12)
NHTSA is amending Sec. 535.8(g)(12) by removing all references to
trailers and trailer manufacturers from its production reporting
requirements, consistent with the 2021 D.C. Circuit decision, discussed
above.
4. Section 535.8(i)
NHTSA is amending Sec. 535.8(i) to include a statement reminding
manufacturers that providing false, fictitious, or fraudulent
information may subject them to penalties under 18 U.S.C. 1001.
L. 49 CFR 535.9 Enforcement Approach
1. Section 535.9(a)(1)(i)
NHTSA is amending Sec. 535.9(a)(1)(i) by adding additional
language and clarifications that NHTSA may conduct audits or perform
confirmatory testing on any configuration. Any such testing would be
performed as specified in EPA's regulations and NHTSA will collaborate
with EPA regarding any potential issues with testing results.
2. Section 535.9(a)(1)(v)
NHTSA is adding paragraph (v) to Sec. 535.9(a)(1) to add a
provision stating that NHTSA may require a manufacturer to perform
selective enforcement audits with respect to any GEM inputs in its
application for certification or in the end of the year ABT final
reports. The provision further specifies that any such selective
enforcement audit would be required to be conducted in a manner
consistent with EPA's corresponding provisions for selective
enforcement audits.
M. Section 535.10 How do manufacturers comply with fuel consumption
standards?
1. Section 535.10(a)(3)
NHTSA is removing (a)(3) and reserving it for future use. Although
the NPRM proposed clarifying that EPA's compliance requirements 40 CFR
1037.601 and 40 CFR part 1068 apply similarly to NHTSA's fuel
consumption program, except for the warranty provisions in 40 CFR
1037.601(a)(5), NHTSA has now concluded that it is not appropriate for
NHTSA to incorporate by reference EPA's general compliance provisions
for regulations issued under 40 CFR parts 1037 and 1068. Accordingly,
NHTSA is removing the provisions at (a)(3) and reserving it for future
use.
2. Section 535.10(a)(6)
NHTSA is amending Sec. 535.10(a)(6) by clarifying that vehicles
required to meet the fuel consumption standards of this part must also
comply with the same requirements as specified in 40 CFR 1037.115(a)
and (d). However, while the NPRM proposed only referencing 40 CFR
1037.115, NHTSA has now concluded that it would be more appropriate to
place the entirety of the substantive requirements into part 535 and
note that the requirements are consistent with 40 CFR 1037.115(a) and
(d).
3. Section 535.10(c)(2)
NHTSA is amending Sec. 535.10(c)(2) by removing the reference to
box trailers, consistent with the 2021 D.C. Circuit decision, discussed
above.
4. Section 535.10(c)(3)
NHTSA is removing Sec. 535.10(c)(3), consistent with the 2021 D.C.
Circuit decision discussed above, and reserving it for future use.
III. Statutory Authority and Executive Order Reviews
A. Executive Order 12866, Executive Order 14094, Executive Order 13563,
and DOT Regulatory Policies and Procedures
We have considered the potential impact of this proposed rule under
Executive Order 12866, Executive Order 14094, Executive Order 13563,
and DOT Order 2100.6A. The Office of Management and Budget (OMB) has
determined that this rule is not a significant regulatory action and,
therefore, was not submitted to OMB for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control numbers 2060-0104, 2060-0287, 2060-0338, 2060-0545, 2060-0641.
This rule clarifies and simplifies procedures without affecting
information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
economic impact on small entities. This action is designed to reduce
testing burdens, increase compliance flexibility, and make various
corrections and adjustments to compliance provisions. We therefore
anticipate no costs and no regulatory burden associated with this rule.
We further do not believe the benefits of this rule would result in
significant economic impact to regulated small entities. Accordingly,
we have concluded that this action will have no significant economic
impact on regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, requires Federal agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or Tribal governments, in the aggregate,
or by the private sector, of more than $100 million annually (adjusted
for inflation with base year of 1995). Adjusting this amount by the
implicit gross domestic product price deflator for the year 2010
results in $136 million (110.993/81.606 = 1.36). This rule will not
result in a cost of $136 million or more to either State, local, or
Tribal governments, in the aggregate, or the private sector or uniquely
affect small governments. Thus, this rule is not subject to the
requirements of sections 202 of the UMRA.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the Federal government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and affects engine and vehicle manufacturers. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not
[[Page 18819]]
economically significant as defined in Executive Order 12866, and
because there are no environmental health or safety risks created by
this action that could present a disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. We have concluded that this action is
not likely to have any adverse energy effects because it is designed
merely to reduce testing burdens, increase compliance flexibility, and
make various corrections and adjustments to compliance provisions.
I. National Technology Transfer and Advancement Act (NTTAA)
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments. Voluntary consensus standards are technical standards
(e.g., material specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus standards bodies, such as the International Organization for
Standardization (ISO) and the SAE International (SAE). The NTTAA
directs agencies to provide Congress, through OMB, explanations when
the agency decides not to use available and applicable voluntary
consensus standards. NHTSA searched for but did not find voluntary
consensus standards directly applicable to the amendments in this final
rule.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
NHTSA believes this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629, February 16, 1994). Due to the
lack of environmental impact, these regulatory changes will not have a
disproportionate adverse effect on minority populations, low-income
populations, or indigenous peoples.
List of Subjects in 49 CFR Part 535
Fuel economy, Reporting and recordkeeping requirements.
Regulatory Text
For the reasons discussed in the preamble, NHTSA is amending 49 CFR
part 535 as set forth below:
PART 535--MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM
0
1. The authority citation for part 535 is revised to read as follows:
Authority: 49 U.S.C. 32902; delegation of authority at 49 CFR
1.95.
0
2. Revise Sec. 535.1 to read as follows:
Sec. 535.1 Scope.
This part establishes fuel consumption standards pursuant to 49
U.S.C. 32902(k) for work trucks and commercial medium- and heavy-duty
on-highway vehicles (hereafter referenced as heavy-duty vehicles), and
engines manufactured for sale in the United States. This part
establishes a credit program that manufacturers may use to comply with
standards and requirements for manufacturers to provide reports to the
National Highway Traffic Safety Administration regarding their efforts
to reduce the fuel consumption of heavy-duty vehicles and engines.
0
3. Amend Sec. 535.3 by revising paragraph (c), removing and reserving
paragraph (d)(5), and revising paragraph (e).
The revisions read as follows:
Sec. 535.3 Applicability.
* * * * *
(c) Vehicle and engine manufacturers that must comply with this
part include manufacturers required to have approved certificates of
conformity from EPA as specified in subparts C in 40 CFR parts 1036 and
1037.
* * * * *
(e) The following heavy-duty vehicles and engines are exempted from
the requirements of this part:
(1) Off-road vehicles. Vocational vehicles intended for off-road
use are exempt with or without request, subject to the provisions of
Sec. 535.5(b)(9).
(2) Small business manufacturers. (i) For Phase 1, small business
manufacturers are exempted from the vehicle and engine standards of
Sec. 535.5 but must comply with the reporting requirements of Sec.
535.8(g).
(ii) For Phase 2, fuel consumption standards apply on a delayed
schedule for manufacturers meeting the small business criteria
specified in 13 CFR 121.201 and in 40 CFR 86.1819-14(k)(5), 1036.150,
and 1037.150.
(A) Qualifying manufacturers of truck tractors, vocational
vehicles, heavy duty pickups and vans, and engines are not subject to
the fuel consumption standards for vehicles built before January 1,
2022, and engines (such as those engines built by small alternative
fuel engine converters) with a date of manufacturer on or after
November 14, 2011, and before January 1, 2022. Qualifying manufacturers
may choose to voluntarily comply early.
(B) Small manufacturers that certify their entire U.S.-directed
production volume to the Phase 1 standards for calendar year 2021 may
certify to the Phase 1 standards for model year 2022 (instead of the
otherwise applicable Phase 2 standards).
(iii) Small business manufacturers producing vehicles and engines
that run on any fuel other than gasoline, E85, or diesel fuel meeting
the criteria specified in 13 CFR 121.201 and in 40 CFR 86.1819-
14(k)(5), 1036.150, and 1037.150 may delay complying with every new
mandatory standard under this part by one model year.
(3) [Reserved]
(4) Engines for specialty vehicles. Engines certified to the
alternative standards specified in 40 CFR 86.007-11 and 86.008-10 for
use in specialty vehicles as described in 40 CFR 1037.605. Compliance
with the vehicle provisions in 40 CFR 1037.605 satisfies compliance for
NHTSA under this part.
* * * * *
0
4. Revise Sec. 535.4 to read as follows:
Sec. 535.4 Definitions.
The terms manufacture, manufacturer, commercial medium and heavy-
duty on-highway vehicle, fuel, and work truck are used as defined in 49
U.S.C. 32901. See 49 CFR 523.2 for general definitions related to
NHTSA's fuel efficiency programs.
Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect measured or modeled emissions (as
applicable). In some cases, this may exclude a parameter that is
difficult to access if it cannot be adjusted to affect emissions
without significantly degrading engine performance, or if it will not
be adjusted in a way that affects emissions during in-use operation.
(See 40 CFR 1065.1001 and 40 CFR 1068.50).
Administrator means the Administrator of the National Highway
[[Page 18820]]
Traffic Safety Administration (NHTSA) or the Administrator's delegate.
Advanced technology means specific vehicle technology for which
manufacturers may earn special credits under Sec. Sec. 535.6 and 535.7
(e.g., hybrids with powertrain designs that include energy storage
systems, vehicles with waste heat recovery, electric vehicles, and fuel
cell vehicles).
Alterer means a manufacturer that modifies an altered vehicle as
defined in 49 CFR 567.3
Alternative fuel conversion has the meaning given for clean
alternative fuel conversion in 40 CFR 85.502
A to B testing has the meaning given in 40 CFR 1037.801.
Automated manual transmission has the meaning given in 40 CFR
1037.801.
Automatic tire inflation system has the meaning given in 40 CFR
1037.801.
Automatic transmission (AT) has the meaning given in 40 CFR
1037.801.
Auxiliary power unit has the meaning given in 40 CFR 1037.801.
Averaging set means, a set of engines or vehicles in which fuel
consumption credits may be exchanged. Credits generated by one engine
or vehicle family may only be used by other respective engine or
vehicle families in the same averaging set as specified in Sec. 535.7.
Note that an averaging set may comprise more than one regulatory
subcategory. The averaging sets for this HD program are defined as
follows:
(1) Heavy-duty pickup trucks and vans.
(2) Light heavy-duty (LHD) vehicles.
(3) Medium heavy-duty (MHD) vehicles.
(4) Heavy heavy-duty (HHD) vehicles.
(5) Light heavy-duty engines subject to compression-ignition
standards.
(6) Medium heavy-duty engines subject to compression-ignition
standards.
(7) Heavy heavy-duty engines subject to compression-ignition
standards.
(8) Engines subject to spark-ignition standards.
(9) Vehicle types certifying to optional custom chassis standards
as specified in Sec. 535.5(b)(6) form separate averaging sets for each
vehicle type as specified in Sec. 535.7(c).
Axle ratio or Drive axle ratio, ka has the meaning given in 40 CFR
1037.801.
Basic vehicle frontal area has the meaning given in 40 CFR
1037.801.
Cab-complete vehicle has the meaning given in 49 CFR 523.2.
Carryover has the meaning given in 40 CFR 1037.801.
Certificate holder means the manufacturer who holds the certificate
of conformity for the vehicle or engine and that assigns the model year
based on the date when its manufacturing operations are completed
relative to its annual model year period.
Certificate of Conformity means an approval document granted by EPA
to a manufacturer that submits an application for a vehicle or engine
emissions family in 40 CFR 1036.205 and 1037.205. A certificate of
conformity is valid from the indicated effective date until December 31
of the model year for which it is issued. The certificate must be
renewed annually for any vehicle a manufacturer continues to produce.
Certification has the meaning given in 40 CFR 1037.801.
Chassis-cab means the incomplete part of a vehicle that includes a
frame, a completed occupant compartment and that requires only the
addition of cargo-carrying, work-performing, or load- bearing
components to perform its intended functions.
Chief Counsel means the NHTSA Chief Counsel, or his or her
designee.
Class means relating to GVWR classes for vehicles, as follows:
(1) Class 2b vehicles are vehicles with a gross vehicle weight
rating (GVWR) ranging from 8,501 to 10,000 pounds.
(2) Class 3 through Class 8 vehicles are vehicles with a gross
vehicle weight rating (GVWR) of 10,001 pounds or more as defined in 49
CFR 565.15.
Complete sister vehicle is a complete vehicle of the same
configuration as a cab-complete vehicle.
Complete vehicle has the meaning given in 49 CFR part 523.
Compression-ignition (CI) means relating to a type of
reciprocating, internal-combustion engine, such as a diesel engine,
that is not a spark-ignition engine. Note, in accordance with 40 CFR
1036.1, gas turbine engines and other engines not meeting the
definition of compression-ignition are deemed to be compression-
ignition engines for complying with fuel consumption standards.
Configuration means a subclassification within a test group for
passenger cars, light trucks and medium-duty passenger vehicles and
heavy-duty pickup trucks and vans which is based on basic engine,
engine code, transmission type and gear ratios, and final drive ratio.
Container chassis trailer has the same meaning as container chassis
in 40 CFR 1037.801.
Curb weight has the meaning given in 40 CFR 86.1803.
Custom chassis vehicle means a vocational vehicle that is a motor
home, school bus, refuse hauler, concrete mixer, emergency vehicle,
mixed-use vehicle or other buses that are not school buses or motor
coaches. These vehicle types are defined in 49 CFR 523.3. A ``mixed-use
vehicle'' is one that meets at least one of the criteria specified in
40 CFR 1037.631(a)(1) or at least one of the criteria in 40 CFR
1037.631(a)(2), but not both.
Date of manufacture means the date on which the certifying vehicle
manufacturer completes its manufacturing operations, except as follows:
(1) Where the certificate holder is an engine manufacturer that
does not manufacture the complete or incomplete vehicle, the date of
manufacture of the vehicle is based on the date assembly of the vehicle
is completed.
(2) EPA and NHTSA may approve an alternate date of manufacture
based on the date on which the certifying (or primary) vehicle
manufacturer completes assembly at the place of main assembly,
consistent with the provisions of 40 CFR 1037.601 and 49 CFR 567.4.
(3) A vehicle manufacturer that completes assembly of a vehicle at
two or more facilities may ask to use as the month and year of
manufacture, for that vehicle, the month and year in which
manufacturing is completed at the place of main assembly, consistent
with provisions of 49 CFR 567.4, as the model year. Note that such
staged assembly is subject to the provisions of 40 CFR 1068.260(c).
NHTSA's allowance of this provision is effective when EPA approves the
manufacturer's certificates of conformity for these vehicles.
Day cab has the meaning given in 40 CFR 1037.801.
Defeat device means, consistent with 40 CFR 86.004-2, 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 applicable
Federal emission test procedure for heavy-duty vehicles and heavy-duty
engines described in subpart N of this part;
(2) The need for the AECD is justified in terms of protecting the
vehicle against damage or accident;
(3) The AECD does not go beyond the requirements of engine
starting; or
(4) The AECD applies only for engines that will be installed in
emergency vehicles, and the need is justified in terms of preventing
the engine from losing speed, torque, or power due abnormal conditions
of the emission control system, or in terms of preventing such abnormal
conditions from occurring, during operation related to
[[Page 18821]]
emergency response. Examples of such abnormal conditions may include
excessive exhaust backpressure from an overloaded particulate trap, and
running out of diesel exhaust fluid for engines that rely on urea-based
selective catalytic reduction.
Drayage tractor has the meaning given in 40 CFR 1037.801.
Dual-clutch transmission (DCT) means a transmission has the meaning
given in 40 CFR 1037.801.
Dual-fuel has the meaning given in 40 CFR 1037.801.
Electric vehicle has the meaning given in 40 CFR 1037.801.
Emergency vehicle means a vehicle that meets one of the criteria in
40 CFR 1037.801.
Engine configuration means a unique combination of engine hardware
and calibration (related to the emission standards) within an engine
family, which would include hybrid components for engines certified as
hybrid engines and hybrid powertrains. Engines within a single engine
configuration differ only with respect to normal production variability
or factors unrelated to compliance with emission standards. (See 40 CFR
1036.801).
Engine family has the meaning given in 40 CFR 1036.230.
Manufacturers designate families in accordance with EPA provisions and
may not choose different families between the NHTSA and EPA programs.
Engine identification number means a unique specification (for
example, a model number/serial number combination) that allows someone
to distinguish a particular engine from other similar engines. (See the
definition of identification number in 40 CFR 1036.801).
Excluded means a vehicle or engine manufacturer or component is not
required to comply with any aspects with the NHTSA fuel consumption
program.
Exempted means a vehicle or engine manufacturer or component is not
required to comply with certain provisions of the NHTSA fuel
consumption program.
Family certification level (FCL) has the meaning given in 40 CFR
1036.801.
Family emission limit (FEL) has the meaning given in 40 CFR
1037.801.
Final drive ratio has the meaning given in 40 CFR 1037.801.
Final-stage manufacturer has the meaning given in 49 CFR 567.3 and
includes secondary vehicle manufacturers as defined in 40 CFR 1037.801.
Flatbed trailer has the meaning given in 40 CFR 1037.801.
Fleet in this part means all the heavy-duty vehicles or engines
within each of the regulatory sub- categories that are manufactured by
a manufacturer in a particular model year and that are subject to fuel
consumption standards under Sec. 535.5.
Fleet average fuel consumption is the calculated average fuel
consumption performance value for a manufacturer's fleet derived from
the production weighted fuel consumption values of the unique vehicle
configurations within 'ach vehicle model type that makes up that
manufacturer's vehicle fleet in a given model year. In this part, the
fleet average fuel consumption value is determined for each
manufacturer's fleet of heavy-duty pickup trucks and vans.
Fleet average fuel consumption standard is the actual average fuel
consumption standard for a manufacturer's fleet derived from the
production weighted fuel consumption standards of each unique vehicle
configuration, based on payload, tow capacity and drive configuration
(2, 4 or all-wheel drive), of the model types that makes up that
manufacturer's vehicle fleet in a given model year. In this part, the
fleet average fuel consumption standard is determined for each
manufacturer's fleet of heavy-duty pickup trucks and vans.
Flexible-fuel means relating to an engine designed for operation on
any mixture of two or more different types of fuels. (See 40 CFR
1036.801).
Fuel cell means an electrochemical cell that produces electricity
via the non-combustion reaction of a consumable fuel, typically
hydrogen.
Fuel cell electric vehicle means a motor vehicle propelled solely
by an electric motor where energy for the motor is supplied by a fuel
cell.
Fuel efficiency means the amount of work performed for each gallon
of fuel consumed.
Fuel type means a general category of fuels such as diesel fuel,
gasoline, or natural gas. There can be multiple grades within a single
fuel type, such as premium gasoline, regular gasoline, or gasoline with
10 percent ethanol. (See 40 CFR 1037.801).
Gaseous fuel has the meaning given in 40 CFR 1037.801.
Gear ratio or Transmission gear ratio, kg, means the dimensionless
number representing the angular speed of the transmission's input shaft
divided by the angular speed of the transmission's output shaft when
the transmission is operating in a specific gear. (See 40 CFR
1037.801).
Good engineering judgment has the meaning given in 40 CFR 1068.30.
See 40 CFR 1068.5 for the administrative process used to evaluate good
engineering judgement.
Greenhouse gas Emissions Model (GEM) has the meaning given in 40
CFR 1037.801.
Gross axle weight rating (GAWR) has the meaning given in 49 CFR
571.3.
Gross combination weight rating (GCWR) has the meaning given in 49
CFR 571.3.
Gross vehicle weight rating (GVWR) has the meaning given in 49 CFR
571.3.
Heavy-duty engine has the meaning given in 49 CFR part 523.2.
Heavy-duty off-road vehicle means a heavy-duty vocational vehicle
or vocational tractor that is intended for off-road use.
Heavy-duty vehicle has the meaning given in 49 CFR part 523.
Heavy-haul tractor has the meaning given in 40 CFR 1037.801.
Heavy heavy-duty (HHD) vehicle has the meaning given in vehicle
service class.
Hybrid or Hybrid vehicle means a vehicle that includes energy
storage features (other than a conventional battery system or
conventional flywheel) in addition to an internal combustion engine or
other engine using consumable chemical fuel. Supplemental electrical
batteries and hydraulic accumulators are examples of hybrid energy
storage systems. Note that certain provisions in this part treat hybrid
vehicles that include regenerative braking different than those that do
not include regenerative braking.
Hybrid engine means a hybrid system with features for storing and
recovering energy that are integral to the engine or are otherwise
upstream of the vehicle's transmission other than a conventional
battery system or conventional flywheel. Supplemental electrical
batteries and hydraulic accumulators are examples of hybrid energy
storage systems. Examples of hybrids that could be considered hybrid
engines are P0, P1, and P2 hybrids where hybrid features are connected
to the front end of the engine, at the crankshaft, or connected between
the clutch and the transmission where the clutch upstream of the hybrid
feature is in addition to the transmission clutch(s), respectively.
Note other examples of systems that qualify as hybrid engines are
systems that recover kinetic energy and use it to power an electric
heater in the aftertreatment. (See 40 CFR 1036.801).
Hybrid powertrain means a powertrain that includes energy storage
features other than a conventional battery system or conventional
flywheel. Supplemental electrical batteries and hydraulic accumulators
are examples of hybrid energy storage systems. Note
[[Page 18822]]
other examples of systems that qualify as hybrid powertrains are
systems that recover kinetic energy and use it to power an electric
heater in the aftertreatment. (See 40 CFR 1037.801).
Idle operation has the meaning given in 40 CFR 1037.801.
Incomplete vehicle has the meaning given in 49 CFR part 523. For
the purpose of this regulation, a manufacturer may request EPA and
NHTSA to allow the certification of a vehicle as an incomplete vehicle
if it manufactures the engine and sells the unassembled chassis
components, provided it does not produce and sell the body components
necessary to complete the vehicle.
Innovative technology means technology certified under Sec. 535.7
and by EPA under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610 in
the Phase 1 program.
Intermediate manufacturer has the meaning given in 49 CFR 567.3.
Light heavy-duty (LHD) vehicle has the meaning given in vehicle
service class.
Liquefied petroleum gas (LPG) has the meaning given in 40 CFR
1036.801.
Low rolling resistance tire means a tire on a vocational vehicle
with a tire rolling resistance level (TRRL) of 7.7 kg/metric ton or
lower, a steer tire on a tractor with a TRRL of 7.7 kg/metric ton or
lower, or a drive tire on a tractor with a TRRL of 8.1 kg/metric ton or
lower.
Manual transmission (MT) has the meaning given in 40 CFR 1037.801.
Medium heavy-duty (MHD) vehicle has the meaning given in vehicle
service class.
Model type has the meaning given in 40 CFR 600.002.
Model year means one of the following for compliance with this
part. Note that manufacturers may have other model year designations
for the same vehicle for compliance with other requirements or for
other purposes:
(1) For tractors and vocational vehicles with a date of manufacture
on or after January 1, 2021, the vehicle's model year is the calendar
year corresponding to the date of manufacture; however, the vehicle's
model year may be designated to be the year before the calendar year
corresponding to the date of manufacture if the engine's model year is
also from an earlier year. Note that paragraph (2) of this definition
limits the extent to which vehicle manufacturers may install engines
built in earlier calendar years. Note that 40 CFR 1037.601(a)(2) limits
the extent to which vehicle manufacturers may install engines built in
earlier calendar years.
(2) For Phase 1 tractors and vocational vehicles with a date of
manufacture before January 1, 2021, model year means the manufacturer's
annual new model production period, except as restricted under this
definition. It must include January 1 of the calendar year for which
the model year is named, may not begin before January 2 of the previous
calendar year, and it must end by December 31 of the named calendar
year. The model year may be set to match the calendar year
corresponding to the date of manufacture.
(i) The manufacturer who holds the certificate of conformity for
the vehicle must assign the model year based on the date when its
manufacturing operations are completed relative to its annual model
year period. In unusual circumstances where completion of your assembly
is delayed, we may allow you to assign a model year one year earlier,
provided it does not affect which regulatory requirements will apply.
(ii) Unless a vehicle is being shipped to a secondary manufacturer
that will hold the certificate of conformity, the model year must be
assigned prior to introduction of the vehicle into U.S. commerce. The
certifying manufacturer must re-designate the model year if it does not
complete its manufacturing operations within the originally identified
model year. A vehicle introduced into U.S. commerce without a model
year is deemed to have a model year equal to the calendar year of its
introduction into U.S. commerce unless the certifying manufacturer
assigns a later date.
(3) For engines, model year means the manufacturer's annual new
model production period, except as restricted under this definition. It
must include January 1 of the calendar year for which the model year is
named, may not begin before January 2 of the previous calendar year,
and it must end by December 31 of the named calendar year.
Manufacturers may not adjust model years to circumvent or delay
compliance with emission standards or to avoid the obligation to
certify annually.
Motor Vehicle has the meaning given in 49 CFR 523.2.
Multi-purpose means relating to the Multi-Purpose duty cycle as
specified in 40 CFR 1037.510. (See 40 CFR 1037.801).
Natural gas has the meaning given in 40 CFR 1036.801. Vehicles that
use a pilot-ignited natural gas engine (which uses a small diesel fuel
ignition system), are still considered natural gas vehicles.
NHTSA Enforcement means the NHTSA Associate Administrator for
Enforcement, or his or her designee.
Neutral coasting has the meaning given in 40 CFR 1037.801.
Neutral idle means a vehicle technology that automatically puts the
transmission in neutral when the vehicle is stopped, as described in 40
CFR 1037.660(a). (See 40 CFR 1037.801).
Off-cycle technology means technology certified under Sec. 535.7
and by EPA under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610 in
the Phase 2 program.
Party means the person alleged to have committed a violation of
Sec. 535.9, and includes manufacturers of vehicles and manufacturers
of engines.
Payload means in this part the resultant of subtracting the curb
weight from the gross vehicle weight rating.
Percent (%) means a representation of exactly 0.01. Numbers
expressed as percentages in this part (such as a tolerance of 2%) have infinite precision, so 2% and 2.000000000% have the same
meaning. This means that where we specify some percentage of a total
value, the calculated value has the same number of significant digits
as the total value. For example, 2% of a span value where the span
value is 101.3302 is 2.026604. (See 40 CFR 1037.801 and 40 CFR
1065.1001.
Petroleum has the meaning given in 40 CFR 1037.801.
Phase 1 means the joint NHTSA and EPA program established in 2011
for fuel efficiency standards and greenhouse gas emissions standards
regulating medium- and heavy-duty engines and vehicles. See Sec. 535.5
for the specific model years that standards apply to vehicles and
engines.
Phase 2 means the joint NHTSA and EPA program established in 2016
for fuel efficiency standards and greenhouse gas emissions standards
regulating medium- and heavy-duty vehicles and engines. See Sec. 535.5
for the specific model years that standards apply to vehicles and
engines.
Pickup truck has the meaning given in 49 CFR part 523.
Placed into service means put into initial use for its intended
purpose, excluding incidental use by the manufacturer or a dealer. (See
40 CFR 1037.801).
Plug-in hybrid electric vehicle (PHEV) means a hybrid electric
vehicle that has the capability to charge the battery or batteries used
for vehicle propulsion from an off-vehicle electric source, such that
the off-vehicle source cannot be connected to the vehicle while the
vehicle is in motion.
[[Page 18823]]
Power take-off (PTO) means a secondary engine shaft or other system
on a vehicle that provides substantial auxiliary power for purposes
unrelated to vehicle propulsion or normal vehicle accessories such as
air conditioning, power steering, and basic electrical accessories. A
typical PTO uses a secondary shaft on the engine to transmit power to a
hydraulic pump that powers auxiliary equipment such as a boom on a
bucket truck.
Powertrain family has the meaning given in 40 CFR 1037.231.
Manufacturers choosing to perform powertrain testing as specified in 40
CFR 1037.550, divide product lines into powertrain families that are
expected to have similar fuel consumptions and CO2 emission
characteristics throughout the useful life.
Preliminary approval means approval granted by an authorized EPA
representative prior to submission of an application for certification,
consistent with the provisions of 40 CFR 1037.210. For requirements
involving NHTSA, EPA will ensure decisions are jointly made and will
convey the decision to the manufacturer.
Primary intended service class has the same meaning for engines as
specified in 40 CFR 1036.140. Manufacturers must identify a single
primary intended service class for each engine family that best
describes vehicles for which it designs and markets the engine, as
follows:
(1) Divide compression-ignition engines into primary intended
service classes based on the following engine and vehicle
characteristics:
(i) Light heavy-duty ``LHD'' engines usually are not designed for
rebuild and do not have cylinder liners. Vehicle body types in this
group might include any heavy-duty vehicle built from a light-duty
truck chassis, van trucks, multi-stop vans, and some straight trucks
with a single rear axle. Typical applications will include personal
transportation, light-load commercial delivery, passenger service,
agriculture, and construction. The GVWR of these vehicles is normally
below 19,500 pounds.
(ii) Medium heavy-duty ``MHD'' engines may be designed for rebuild
and may have cylinder liners. Vehicle body types in this group will
typically include school buses, straight trucks with single rear axles,
city tractors, and a variety of special purpose vehicles such as small
dump trucks, and refuse trucks. Typical applications will include
commercial short haul and intra-city delivery and pickup. Engines in
this group are normally used in vehicles whose GVWR ranges from 19,500
to 33,000 pounds.
(iii) Heavy heavy-duty ``HHD'' engines are designed for multiple
rebuilds and have cylinder liners. Vehicles in this group are normally
tractors, trucks, straight trucks with dual rear axles, and buses used
in inter-city, long-haul applications. These vehicles normally exceed
33,000 pounds GVWR.
(2) Divide spark-ignition engines into primary intended service
classes as follows:
(i) Spark-ignition engines that are best characterized by paragraph
(1)(i) or (ii) of this section are in a separate ``spark-ignition''
primary intended service class.
(ii) Spark-ignition engines that are best characterized by
paragraph (1)(iii) of this section share a primary intended service
class with compression-ignition heavy heavy-duty engines. Gasoline-
fueled engines are presumed not to be characterized by paragraph
(1)(iii) of this section; for example, vehicle manufacturers may
install some number of gasoline-fueled engines in Class 8 trucks
without causing the engine manufacturer to consider those to be heavy
heavy-duty engines.
(iii) References to ``spark-ignition standards'' in this part
relate only to the spark-ignition engines identified in paragraph
(2)(i) of this definition. References to ``compression-ignition
standards'' in this part relate to compression-ignition engines, to
spark-ignition engines optionally certified to standards that apply to
compression-ignition engines, and to all engines identified under
paragraph (2)(ii) of this definition as heavy heavy-duty engines.
Rechargeable Energy Storage System (RESS) means the component(s) of
a hybrid engine or vehicle that store recovered energy for later use,
such as the battery system in an electric hybrid vehicle.
Refuse hauler has the meaning given in 40 CFR 1037.801.
Regional has the meaning relating to the Regional duty cycle as
specified in 40 CFR 1037.510.
Regulatory category means each of the four types of heavy-duty
vehicles defined in 49 CFR 523.6 and the heavy-duty engines used in
these heavy-duty vehicles.
Regulatory subcategory means the sub-groups in each regulatory
category to which mandatory fuel consumption standards and requirements
apply as specified in 40 CFR 1036.230 and 1037.230 and are defined as
follows:
(1) Heavy-duty pick-up trucks and vans.
(2) Vocational vehicle subcategories have 18 separate vehicle
service classes as shown in paragraphs (2)(i) and (ii) of this
definition and include vocational tractors. Paragraph (2)(i) of this
definition includes vehicles complying with Phase 1 standards. Phase 2
vehicles are included in paragraph (2)(ii) of this definition which
have separate subcategories to account for engine characteristics,
GVWR, and the selection of duty cycle for vocational vehicles as
specified in 40 CFR 1037.510; vehicles may additionally fall into one
of the subcategories defined by the custom-chassis standards in Sec.
535.5(b)(6) and 40 CFR 1037.105(h). Manufacturers using the alternate
standards in Sec. 535.5(b)(6) and 40 CFR 1037.105(h) should treat each
vehicle type as a separate vehicle subcategory.
(i) Phase 1 Vocational Vehicle Subcategories. (A) Vocational LHD
vehicles.
(B) Vocational MHD vehicles.
(C) Vocational HHD vehicles.
(ii) Phase 2 vocational vehicle subcategories.
----------------------------------------------------------------------------------------------------------------
Engine type Vocational LHD vehicles Vocational MHD vehicles Vocational HHD vehicles
----------------------------------------------------------------------------------------------------------------
CI................................... Urban.................. Urban.................. Urban.
CI................................... Multi-Purpose.......... Multi-Purpose.......... Multi-Purpose.
CI................................... Regional............... Regional............... Regional.
SI................................... Urban.................. Urban.................. N/A.
SI................................... Multi-Purpose.......... Multi-Purpose.......... N/A.
SI................................... Regional............... Regional............... N/A.
----------------------------------------------------------------------------------------------------------------
(3) Tractor subcategories are shown in paragraph (3)(i) of this
definition for Phase 1 and 2. Paragraph (3)(i) includes 10 separate
subcategories for tractors complying with Phase 1 and 2 standards. The
heavy-haul tractor subcategory only applies for Phase 2.
[[Page 18824]]
(i) Phase 1 and 2 truck tractor subcategories.
------------------------------------------------------------------------
Class 8 sleeper
Class 7 Class 8 day cabs cabs
------------------------------------------------------------------------
Low-roof tractors............... Low-roof day cab Low-roof sleeper
tractors. cab tractors.
Mid-roof tractors............... Mid-roof day cab Mid-roof sleeper
tractors. cab tractors.
High-roof tractors.............. High-roof day cab High-roof sleeper
Tractors. cab tractors.
---------------------------------------
N/A............................. Heavy-haul tractors (applies only to
Phase 2 program).
------------------------------------------------------------------------
(ii) [Reserved]
(4) [Reserved]
(5) Engine subcategories are shown for each primary intended
service class in paragraph (5)(i) of this definition. Paragraph (5)(i)
includes 6 separate subcategories for engines which are the same for
Phase 1 and 2 standards.
(i) Engine subcategories.
------------------------------------------------------------------------
LHD engines MHD engines HHD engines
------------------------------------------------------------------------
CI engines for vocational CI engines for CI engines for
vehicles. vocational vocational
vehicles. vehicles.
N/A............................. CI engines for CI engines for
truck Tractors. truck tractors.
-----------------------------------------------------
All spark-ignition engines.......................... N/A.
------------------------------------------------------------------------
(ii) [Reserved]
Relating to as used in this section means relating to something in
a specific, direct manner. This expression is used in this section only
to define terms as adjectives and not to broaden the meaning of the
terms. (See 40 CFR 1037.801).
Revoke has the same meaning given in 40 CFR 1068.30.
Roof height means the maximum height of a vehicle (rounded to the
nearest inch), excluding narrow accessories such as exhaust pipes and
antennas, but including any wide accessories such as roof fairings.
Measure roof height of the vehicle configured to have its maximum
height that will occur during actual use, with properly inflated tires
and no driver, passengers, or cargo onboard. Determine the base roof
height on fully inflated tires having a static loaded radius equal to
the arithmetic mean of the largest and smallest static loaded radius of
tires a manufacturer offers or a standard tire EPA approves. If a
vehicle is equipped with an adjustable roof fairing, measure the roof
height with the fairing in its lowest setting. Once the maximum height
is determined, roof heights are divided into the following categories:
(1) Low-roof means a vehicle with a roof height of 120 inches or
less.
(2) Mid-roof means a vehicle with a roof height between 121 and 147
inches.
(3) High-roof means a vehicle with a roof height of 148 inches or
more.
Round means to apply the rounding convention specified in 40 CFR
1065.20(e), unless otherwise specified. (See 40 CFR 1065.1001).
Secondary vehicle manufacturer has the same meaning as final-stage
manufacturer in 49 CFR part 567.
Service class group means a group of engine and vehicle averaging
sets defined as follows:
(1) Spark-ignition engines, light heavy-duty compression-ignition
engines, light heavy-duty vocational vehicles and heavy-duty pickup
trucks and vans.
(2) Medium heavy-duty compression-ignition engines and medium
heavy-duty vocational vehicles and tractors.
(3) Heavy heavy-duty compression-ignition engines and heavy heavy-
duty vocational vehicles and tractors.
Sleeper cab means a type of truck cab that has a compartment behind
the driver's seat intended to be used by the driver for sleeping. This
includes both cabs accessible from the driver's compartment and those
accessible from outside the vehicle.
Small business manufacturer means a manufacturer meeting the
criteria specified in 13 CFR 121.201. For manufacturers owned by a
parent company, the employee and revenue limits apply to the total
number employees and total revenue of the parent company and all its
subsidiaries.
Spark-ignition (SI) means relating to a gasoline-fueled engine or
any other type of engine with a spark plug (or other sparking device)
and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark-ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Note that some spark-ignition engines are subject to
requirements that apply for compression-ignition engines as described
in 40 CFR 1036.140.
Standard payload means the payload assumed for each vehicle, in
tons, for modeling and calculating emission credits, as follows:
(1) For vocational vehicles:
(i) 2.85 tons for light heavy-duty vehicles.
(ii) 5.6 tons for medium heavy-duty vehicles.
(iii) 7.5 tons for heavy heavy-duty vocational vehicles.
(2) For tractors:
(i) 12.5 tons for Class 7.
(ii) 19 tons for Class 8.
(iii) 43 tons for heavy-haul tractors.
Standard trailer means a trailer that meets the applicable criteria
found in 40 CFR 1037.501(g). (See 40 CFR 1037.801).
Stop-start means a vehicle technology that automatically turns the
engine off when the vehicle is stopped, as described in 40 CFR
1037.660(a). (See the definition for stop-start in 40 CFR 1037.801)
Subconfiguration means a unique combination within a vehicle
configuration of equivalent test weight, road-load horsepower, and any
other operational characteristics or parameters that EPA determines may
significantly affect CO2 emissions within a vehicle
configuration as defined in 40 CFR 600.002.
Tank trailer has the meaning given in 40 CFR 1037.801.
Test group means the multiple vehicle lines and model types that
share critical emissions and fuel consumption related features and that
are certified as a group by a common certificate of conformity issued
by EPA and is used collectively with other test groups within an
averaging set or regulatory subcategory and is used by NHTSA for
determining the fleet average fuel consumption.
[[Page 18825]]
The agencies means the National Highway Traffic Safety
Administration (NHTSA) and the Environmental Protection Agency (EPA) in
this part.
Tire pressure monitoring system (TPMS) has the meaning given in
section S3 of 49 CFR 571.138.
Tire rolling resistance level (TRRL) means a value with units of
kg/metric ton that represents that rolling resistance of a tire
configuration. TRRLs are used as inputs to the GEM model under 40 CFR
1037.520. Note that a manufacturer may assign a value higher than a
measured rolling resistance of a tire configuration.
Towing capacity in this part is equal to the resultant of
subtracting the gross vehicle weight rating from the gross combined
weight rating.
Trade means to exchange fuel consumption credits, either as a buyer
or a seller.
U.S.-directed production volume means the number of vehicle units,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate purchasers in the United States.
Useful life has the meaning given in 40 CFR 1036.801 and 1037.801.
Vehicle configuration means a unique combination of vehicle
hardware and calibration (related to measured or modeled emissions)
within a vehicle family as specified in 40 CFR 1037.801. Vehicles with
hardware or software differences, but that have no hardware or software
differences related to measured or modeled emissions or fuel
consumption can be included in the same vehicle configuration. Note
that vehicles with hardware or software differences related to measured
or modeled emissions or fuel consumption are considered to be different
configurations even if they have the same GEM inputs and FEL. Vehicles
within a vehicle configuration differ only with respect to normal
production variability or factors unrelated to measured or modeled
emissions and fuel consumption for EPA and NHTSA.
Vehicle family has the meaning given in 40 CFR 1037.230.
Manufacturers designate families in accordance with EPA provisions and
may not choose different families between the NHTSA and EPA programs.
If a manufacturer is certifying vehicles within a vehicle family to
more than one FEL, it must subdivide its greenhouse gas and fuel
consumption vehicle families into subfamilies that include vehicles
with identical FELs. Note that a manufacturer may add subfamilies at
any time during the model year.
Vehicle identification number has the meaning given in 49 CFR
565.12 for VIN.
Vehicle service class means classes of vehicles, generally based on
a vehicle's weight class, that are used for purposes of determining
applicable requirements. The vehicle service classes defined here for
use in this part align with the vehicle service classes specified in 40
CFR 1037.140(g). Fuel consumption standards and other provisions of
this part apply to specific vehicle service classes for tractors and
vocational vehicles as follows:
(1) Phase 1 and Phase 2 tractors are divided based on GVWR into
Class 7 tractors and Class 8 tractors. Where provisions apply to both
tractors and vocational vehicles, Class 7 tractors are considered
medium heavy-duty ``MHD'' vehicles and Class 8 tractors are considered
heavy heavy-duty ``HHD'' vehicles. This paragraph applies for both
hybrid and non-hybrid vehicles.
(2) Phase 1 vocational vehicles are divided based on GVWR. Light
heavy-duty ``LHD'' vehicles includes Class 2b through Class 5 vehicles;
medium heavy-duty ``MHD'' vehicles includes Class 6 and Class 7
vehicles; and heavy heavy-duty ``HHD'' vehicles includes Class 8
vehicles.
(3) Phase 2 vocational vehicles with spark-ignition engines are
divided based on GVWR. Light heavy-duty ``LHD'' vehicles includes Class
2b through Class 5 vehicles, and medium heavy-duty ``MHD'' vehicles
includes Class 6 through Class 8 vehicles.
(4) Phase 2 vocational vehicles with compression-ignition engines
are divided as follows:
(i) Class 2b through Class 5 vehicles are considered light heavy-
duty ``LHD'' vehicles.
(ii) Class 6 through 8 vehicles are considered heavy heavy-duty
``HHD'' vehicles if the installed engine's primary intended service
class is heavy heavy-duty (see 40 CFR 1036.140), except that Class 8
hybrid vehicles are considered heavy heavy-duty ``HHD'' vehicles
regardless of the engine's primary intended service class. All other
Class 6 through Class 8 vehicles are considered medium heavy-duty
``MHD'' vehicles.
(5) Heavy-duty vehicles with no installed propulsion engine, such
as electric vehicles, are divided as follows:
(i) Class 2b through Class 5 vehicles are considered light heavy-
duty ``LHD'' vehicles.
(ii) Class 6 and 7 vehicles are considered medium heavy-duty
``MHD'' vehicles.
(iii) Class 8 vehicles are considered heavy heavy-duty ``HHD''
vehicles.
(6) In certain circumstances, manufacturers may certify vehicles to
standards that apply for a different vehicle service class such as
allowed in Sec. 535.5(b)(6) and (c)(7). If manufacturers optionally
certify vehicles to different standards, those vehicles are subject to
all the regulatory requirements as if the standards were mandatory.
Vehicle subfamily or subfamily means a subset of a vehicle family
including vehicles subject to the same FEL(s).
Vocational tractor has the meaning given in 40 CFR 1037.801.
Zero emissions vehicle means an electric vehicle or a fuel cell
vehicle.
0
5. Amend Sec. 535.5 by:
0
a. Revising paragraphs (a) introductory text, (a)(1), and (b)
introductory text;
0
b. Removing and reserving paragraph (b)(1)(iii)(B);
0
c. Revising paragraphs (b)(4), (b)(9)(i) introductory text, (c)
introductory text, (c)(5), (d) introductory text, (d)(3), and
(d)(11)(i)(A) and (C); and
0
d. Removing paragraph (e).
The revisions read as follows:
Sec. 535.5 Standards.
(a) Heavy-duty pickup trucks and vans. Each manufacturer's fleet of
heavy-duty pickup trucks and vans shall comply with the fuel
consumption standards in this paragraph (a) expressed in gallons per
100 miles. Each vehicle must be manufactured to comply for its full
useful life. For the Phase 1 program, if the manufacturer's fleet
includes conventional vehicles (gasoline, diesel and alternative fueled
vehicles) and advanced technology vehicles (hybrids with powertrain
designs that include energy storage systems, vehicles with waste heat
recovery, electric vehicles and fuel cell vehicles), it may divide its
fleet into two separate fleets each with its own separate fleet average
fuel consumption standard which the manufacturer must comply with the
requirements of this paragraph (a). For Phase 2, manufacturers may
calculate their fleet average fuel consumption standard for a
conventional fleet and multiple advanced technology vehicle fleets.
Advanced technology vehicle fleets should be separated into plug-in
hybrid electric vehicles, electric vehicles, and fuel cell vehicles.
The standards in this paragraph (a) correspond to EPA requirements
specified in 40 CFR 86.1819-14. When applying the fuel consumption
standards in this paragraph (a), manufacturers must use the same
options they use to comply with EPA in 40 CFR part 86, subpart S in
terms of grouping vehicles and/or engines for purposes of determining
[[Page 18826]]
applicable standards and determining compliance (i.e., the vehicles
and/or engines and must be grouped in the same way for purposes of this
paragraph (a) as they are grouped for compliance with EPA's
requirements in 40 CFR part 86, subpart S). Engines that are installed
in vehicles that are subject to the standards in this paragraph are not
subject to the standards in paragraph (d) of this section and may not
optionally comply with paragraph (d).
(1) Mandatory standards. For model years 2016 and later, each
manufacturer must comply with the fleet average standard derived from
the unique subconfiguration target standards (or groups of
subconfigurations approved by EPA in accordance with 40 CFR 86.1819-14)
of the model types that make up the manufacturer's fleet in a given
model year. Each subconfiguration has a unique attribute-based target
standard, defined by each group of vehicles having the same payload,
towing capacity and whether the vehicles are equipped with a 2-wheel or
4-wheel drive configuration. Phase 1 target standards apply for model
years 2016 through 2020. Phase 2 target standards apply for model year
2021 and afterwards.
* * * * *
(b) Heavy-duty vocational vehicles. Each manufacturer building
complete or incomplete heavy-duty vocational vehicles shall comply with
the fuel consumption standards in this paragraph (b) expressed in
gallons per 1,000 ton-miles. When applying the fuel consumption
standards in this paragraph (b), manufacturers must use the same
options they use to comply with EPA in 40 CFR 1037.105 in terms of
grouping vehicles and/or engines for purposes of determining applicable
standards and determining compliance (i.e., the vehicles and/or engines
and must be grouped in the same way for purposes of this paragraph (b)
as they are grouped for compliance with EPA's requirements in 40 CFR
1037.105). Engines used in heavy-duty vocational vehicles shall comply
with the standards in paragraph (d) of this section. Each vehicle must
be manufactured to comply for its full useful life. Standards apply to
the vehicle subfamilies based upon the vehicle service classes within
each of the vocational vehicle regulatory subcategories in accordance
with Sec. 535.4 and based upon the applicable modeling and testing
specified in Sec. 535.6. Determine the duty cycles that apply to
vocational vehicles according to 40 CFR 1037.140 and 1037.150(z).
* * * * *
(4) Regulatory subcategory standards for model years 2021 and
later. The mandatory fuel consumption standards for heavy-duty
vocational vehicles are given in the following table:
Table 9 to Paragraph (b)(4)--Phase 2 Vocational Vehicle Fuel Consumption Standards
[Gallons per 1,000 ton-miles]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Model Years 2021 through 2023 Standards for CI Vehicles
----------------------------------------------------------------------------------------------------------------
Duty cycle LHD vocational MHD vocational Vocational HHD
vehicles vehicles vehicles
----------------------------------------------------------------------------------------------------------------
Urban.............................................. 41.6503 29.0766 30.2554
Multi-Purpose...................................... 36.6405 26.0314 25.6385
Regional........................................... 30.5501 22.9862 20.1375
----------------------------------------------------------------------------------------------------------------
Model Years 2021 through 2023 Standards for SI Vehicles
----------------------------------------------------------------------------------------------------------------
Duty cycle LHD vocational MHD and HHD N/A
vehicles vocational vehicles
----------------------------------------------------------------------------------------------------------------
Urban.............................................. 51.8735 36.9078 N/A
Multi-Purpose...................................... 45.7972 32.9695 N/A
Regional........................................... 37.6955 29.3687 N/A
----------------------------------------------------------------------------------------------------------------
Model Years 2024 through 2026 Standards for CI Vehicles
----------------------------------------------------------------------------------------------------------------
Duty cycle Vocational LHD Vocational MHD Vocational HHD
vehicles vehicles vehicles
----------------------------------------------------------------------------------------------------------------
Urban.............................................. 37.8193 26.6208 27.7996
Multi-Purpose...................................... 33.7917 24.1650 23.7721
Regional........................................... 29.0766 21.7092 19.0570
----------------------------------------------------------------------------------------------------------------
Model Years 2024 through 2026 Standards for SI Vehicles
----------------------------------------------------------------------------------------------------------------
Duty cycle Vocational LHD Vocational MHD and N/A
vehicles HHD vehicles
----------------------------------------------------------------------------------------------------------------
Urban.............................................. 48.6103 34.8824 N/A
Multi-Purpose...................................... 43.3217 31.3942 N/A
Regional........................................... 36.4577 28.2435 N/A
----------------------------------------------------------------------------------------------------------------
Model Years 2027 and later Standards for CI Vehicles
----------------------------------------------------------------------------------------------------------------
Duty cycle Vocational LHD Vocational MHD Vocational HHD
vehicles vehicles vehicles
----------------------------------------------------------------------------------------------------------------
Urban.............................................. 36.0511 25.3438 26.4244
Multi-Purpose...................................... 32.4165 23.0845 22.5933
Regional........................................... 28.5855 21.4145 18.5658
----------------------------------------------------------------------------------------------------------------
[[Page 18827]]
Model Years 2027 and later Standards for SI Vehicles
----------------------------------------------------------------------------------------------------------------
Duty cycle Vocational LHD Vocational MHD and N/A
vehicles HHD vehicles
----------------------------------------------------------------------------------------------------------------
Urban.............................................. 46.4724 33.4196 N/A
Multi-Purpose...................................... 41.8589 30.1564 N/A
Regional........................................... 35.8951 27.7934 N/A
----------------------------------------------------------------------------------------------------------------
* * * * *
(9) * * *
(i) Qualifying criteria. Vocational vehicles with a date of
manufacture before January 1, 2021 automatically qualify for an
exemption under this paragraph (b)(9) if the tires installed on the
vehicle have a maximum speed rating at or below 55 miles per hour.
Vocational vehicles intended for off-road use are exempt without
request, subject to the provisions of this section, if they are
primarily designed to perform work off-road (such as in oil fields,
mining, forests, or construction sites), and they meet at least one of
the criteria of paragraph (b)(9)(i)(A) of this section and at least one
of the criteria of paragraph (b)(9)(i)(B) of this section. See
paragraph (b)(6) of this section for alternate standards that apply for
vehicles meeting only one of these sets of criteria.
* * * * *
(c) Truck tractors. Each manufacturer building truck tractors,
except vocational tractors or vehicle constructed in accordance with 49
CFR 571.7(e), with a GVWR above 26,000 pounds shall comply with the
fuel consumption standards in this paragraph (c) expressed in gallons
per 1,000 ton-miles. When applying the fuel consumption standards in
this paragraph (c), manufacturers must use the same options they use to
comply with EPA in 40 CFR 1037.106 in terms of grouping vehicles and/or
engines for purposes of determining applicable standards and
determining compliance (i.e., the vehicles and/or engines and must be
grouped in the same way for purposes of this paragraph (c) as they are
grouped for compliance with EPA's requirements in 40 CFR 1037.106).
Engines used in heavy-duty truck tractors vehicles shall comply with
the standards in paragraph (d) of this section. Each vehicle must be
manufactured to comply for its full useful life. Standards apply to the
vehicle subfamilies within each of the tractor vehicle regulatory
subcategories in accordance with Sec. 535.4 and 40 CFR 1037.230 and
based upon the applicable modeling and testing specified in Sec.
535.6. Determine the vehicles in each regulatory subcategory in
accordance with 40 CFR 1037.140.
* * * * *
(5) Alternate standards for tractors at or above 120,000 pounds
GCWR. Manufacturers may certify tractors at or above 120,000 pounds
GCWR to the following fuel consumption standards in the following
table:
Table 12 to Paragraph (c)(5)--Alternate Fuel Consumption Standards for Tractors Above 120,000 Pounds GCWR for
2021 MY and Later
[Gallons per 1,000 ton-miles]
----------------------------------------------------------------------------------------------------------------
Model years 2021 Model years 2024 Model years 2027
Regulatory subcategory through 2023 through 2026 and later
----------------------------------------------------------------------------------------------------------------
Heavy Class 8 Low-Roof Day Cab...................... 5.25540 4.99018 4.80354
Heavy Class 8 Low-Roof Sleeper Cab.................. 4.62672 4.37132 4.16503
Heavy Class 8 Mid-Roof Day Cab...................... 5.46169 5.18664 4.99018
Heavy Class 8 Mid-Roof Sleeper Cab.................. 4.87230 4.60707 4.39096
Heavy Class 8 High-Roof Day Cab..................... 5.35363 5.04912 4.77407
Heavy Class 8 High-Roof Sleeper Cab................. 4.62672 4.34185 4.02750
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) Heavy-duty engines. Each manufacturer of heavy-duty engines
shall comply with the fuel consumption standards in this paragraph (d)
of this section expressed in gallons per 100 horsepower-hour. When
applying the fuel consumption standards in this paragraph (d),
manufacturers must use the same options they use to comply with EPA in
40 CFR 1036.108 in terms of grouping engines for purposes of
determining applicable standards and determining compliance (i.e., the
engines must be grouped in the same way for part 535.5(d) purposes as
they are grouped for compliance with EPA's requirements in 40 CFR
1036.108). Each engine must be manufactured to comply for its full
useful life, expressed in service miles, operating hours, or calendar
years, whatever comes first. The provisions of this part apply to all
new 2014 model year and later heavy-duty engines fueled by conventional
and alternative fuels and manufactured for use in heavy-duty tractors
or vocational vehicles. Standards apply to the engine and powertrain
families and sub-families based upon the primary intended service
classes within each of the engine regulatory subcategories as described
in Sec. 535.4 and based upon the applicable modeling and testing
specified in Sec. 535.6.
* * * * *
(3) Regulatory subcategory standards. The primary fuel consumption
standards for heavy-duty engine families are given in the following
table:
[[Page 18828]]
Table 13 to Paragraph (d)(3)--Primary Heavy-Duty Engine Fuel Consumption Standards
[Gallons per 100 hp-hr]
----------------------------------------------------------------------------------------------------------------
Phase 1--Voluntary Standards
-----------------------------------------------------------------------------------------------------------------
Regulatory subcategory CI LHD engines CI MHD engines and all HHD CI engines and all SI engines
------------------------------- and all other other engines other engines ---------------
engines ------------------------------------------------
Application ------------------ All
Vocational Vocational Tractor Vocational Tractor
----------------------------------------------------------------------------------------------------------------
2015.......................... ................ ........... ......... ........... ......... 7.0552
2013 through 2016............. 5.8939 5.8939 4.9312 5.5697 4.666 ..............
----------------------------------------------------------------------------------------------------------------
Phase 1--Mandatory Standards
-----------------------------------------------------------------------------------------------------------------
Regulatory subcategory CI LHD engines CI MHD engines and all CI HHD engines and all SI engines
------------------------------- and all other other engines other engines ---------------
engines ------------------------------------------------
Application ------------------ All
Vocational Vocational Tractor Vocational Tractor
----------------------------------------------------------------------------------------------------------------
2016.......................... ................ ........... ......... ........... ......... 7.0552
2017 through 2020............. 5.6582 5.6582 4.7839 5.4519 4.5187 7.0552
----------------------------------------------------------------------------------------------------------------
Phase 2--Mandatory Standards
-----------------------------------------------------------------------------------------------------------------
Regulatory subcategory CI LHD engines CI MHD engines and all CI HHD engines and all SI engines
------------------------------- and all other other engines other engines (except HHD
engines ------------------------------------------------ engines)
Application ------------------ ---------------
Vocational Vocational Tractor Vocational Tractor All
----------------------------------------------------------------------------------------------------------------
2021 through 2023............. 5.5305 5.3536 4.6464 5.0393 4.3910 7.0552
2024 through 2026............. 5.4519 5.2849 4.5285 4.9705 4.2829 7.0552
2027 and Later................ 5.4224 5.2554 4.4892 4.9411 4.2436 7.0552
----------------------------------------------------------------------------------------------------------------
* * * * *
(11) * * *
(i) * * *
(A) 5.3241 gallons per 100 hp-hr for MHD vocational vehicle
engines.
* * * * *
(C) 5.0098 gallons per 100 hp-hr for HHD vocational vehicle
engines.
* * * * *
0
6. Amend Sec. 535.6 by:
0
a. Revising paragraphs (b)(1), (b)(4)(ii), and (b)(5)(i);
0
b. Adding paragraphs (b)(5)(v)(E)(3) and (4)
0
c. Revising paragraphs (d) introductory text, (d)(1), (d)(2)
introductory text, (d)(3) introductory text, and (d)(3)(ii)
introductory text; and
0
d. Removing paragraph (e).
The revisions and additions read as follows:
Sec. 535.6 Measurement and calculation procedures.
* * * * *
(b) * * *
(1) Select vehicles and vehicle family configurations as specified
in 40 CFR 1037.150 and 1037.230 for vehicles that make up each of the
manufacturer's regulatory subcategories of vocational vehicles and
tractors. For the Phase 2 program, select powertrain, axle and
transmission families in accordance with 40 CFR 1037.231 and 1037.232.
* * * * *
(4) * * *
(ii) Coefficient of aerodynamic drag (CdA) or drag area,
as described in 40 CFR 1037.520(b), 1037.525, 1037.527, and 1037.528.
Alternatively, manufacturers may use CdA values as specified
in 40 CFR 1037.530, 1037.532, or 1037.534 if used for determining
CO2 compliance for EPA. Manufacturers must use the same
compliance approach for determining CdA values in GEM for
the NHTSA and EPA programs.
* * * * *
(5) * * *
(i) Engine characteristics. Enter information from the engine
manufacturer to describe the installed engine and its operating
parameters as described in 40 CFR 1036.503 and 1037.520(f).
* * * * *
(v) * * *
(E) * * *
(3) Manufacturers may use values to characterize torque converters
as inputs to GEM as specified in the procedure defined in 40 CFR
1037.570.
(4) Vocational vehicle manufacturers may optionally use values for
neutral coasting in GEM as specified in 40 CFR 1037.520
* * * * *
(d) Heavy-duty engines. This section describes the method for
determining equivalent fuel consumption family certification level
(FCL) values for engine and powertrain families and subfamilies of
heavy-duty truck tractors and vocational vehicles. The NHTSA heavy-duty
engine fuel consumption FCLs are determined from the EPA FCLs tested in
accordance with 40 CFR part 1036, subpart F. Each engine and powertrain
family must use the same primary intended service class as designated
for EPA in accordance with 40 CFR 1036.140.
(1) Manufacturers must select emission-data engines representing
the tested configuration of each engine family specified in 40 CFR
1036.501 for engines in heavy-duty truck tractors and vocational
vehicles that make up each of the manufacturer's regulatory
subcategories.
(2) Standards in Sec. 535.5(d) apply to the CO2 emissions rates
for each emissions-data engine in an engine or powertrain family or
sub-family subject to the procedures and equipment specified in 40 CFR
part 1036, subpart F. Determine equivalent fuel consumptions rates
using CO2 emissions rates in grams per hp-hr measured to at least one
more decimal place than that of the applicable EPA standard in 40 CFR
1036.108.
* * * * *
(3) For medium HD and heavy HD engines certified as tractor and
other long-haul engine families, use the CO2 emissions test results
from the steady-state duty cycle, which is referred to as the
Supplemental Emission Test (SET), as specified in 40 CFR 1036.510 for
each model year; for medium HD and heavy HD engines certified as
tractor and vocational engine families, use the CO2 test results from
the transient duty
[[Page 18829]]
cycle, which is referred to as the Federal Test Procedure (FTP) duty
cycle, as specified in 40 CFR 1036.512 for each model year; for all
other engines (including those certifying to SI standards) use the CO2
emissions test results from the appropriate duty cycle, as specified in
40 CFR 1036.501 for each model year.
* * * * *
(ii) The following engines are excluded from the engine and
powertrain families and subfamilies used to determine fuel consumption
FCL values and the benefit for these engines is determined as an
advanced technology credit under the ABT provisions provided in Sec.
535.7(e); these provisions apply only for the Phase 1 program:
* * * * *
0
7. Amend Sec. 535.7 by:
0
a. Revising paragraphs (a) introductory text and (a)(2)(v);
0
b. Removing paragraph (a)(3)(v);
0
c. Revising paragraph (a)(4) introductory text;
0
d. Removing and reserving paragraph (a)(4)(v);
0
e. Revising paragraphs (a)(8)(i) and (a)(9)(iv)(B);
0
f. Adding paragraph (a)(11);
0
g. Revising paragraphs (b)(1), (c)(1) introductory text, (d)(1)
introductory text, and (d)(7);
0
h. Removing and reserving paragraph (e);
0
i. Revising paragraph (f)(1)(ii) introductory text;
0
j. Adding paragraph (f)(1)(ii)(G); and
0
k. Removing and reserving paragraph (f)(2)(v).
The revisions and additions read as follows:
Sec. 535.7 Averaging, banking, and trading (ABT) credit program.
(a) General provisions. After the end of each model year,
manufacturers must comply with the fuel consumption standards in Sec.
535.5 for averaging, banking and trading credits. Manufacturers comply
with standards if the sum of averaged, banked and traded credits
generate a ``zero'' credit balance or a credit surplus within an
averaging set of vehicles or engines. Manufacturers fail to comply with
standards if the sum of the credit flexibilities generate a credit
deficit (or shortfall) in an averaging set. Credit shortfalls must be
offset by banked or traded credits within three model years after the
shortfall is incurred. These processes are hereafter referenced as the
NHTSA ABT credit program. The following provisions apply to all fuel
consumption credits.
* * * * *
(2) * * *
(v) If a manufacturer certifies a vehicle family to an FEL that
exceeds the otherwise applicable standard, it must obtain enough FCC to
offset the vehicle family's deficit by the due date of its final report
required in Sec. 535.8. The emission credits used to address the
deficit may come from other vehicle families that generate FCCs in the
same model year (or from the next three subsequent model years), from
banked FCCs from previous model years, or from FCCs generated in the
same or previous model years that it obtained through trading.
* * * * *
(4) Trading. Trading is a transaction that transfers banked family
regulatory subcategory or averaging set fuel consumption credits.
Tractor, vocational vehicle and engine manufacturers may trade credits
generated for vehicle or engine families or subfamilies while
manufacturers of heavy-duty pickup trucks and vans certified as
complete vehicles may trade credit credits generated for averaging
sets. A manufacturer may use traded FCCs for averaging, banking, or
further trading transactions.
(8) * * *
(i) Fuel consumption credits a manufacturer generates for light and
medium heavy-duty vocational vehicles in model years 2018 through 2021
may be used through model year 2027, instead of being limited to a
five-year credit life as specified in this part. Fuel consumption
credits that small manufacturers generate for heavy heavy-duty
vocational vehicles in model years 2018 through may be used through
model year 2027, instead of being limited to a five-year credit life as
specified in this part. Fuel consumption credits that a small
manufacturer generates for vocational vehicles in model year 2022 that
are certified to Phase 1 standards as permitted under Sec.
535.3(e)(2)(ii)(B) may be used through model year 2027.
* * * * *
(9) * * *
(iv) * * *
(B) Manufacturers may produce up to 200 drayage tractors in a given
model year to the standards described in Sec. 535.5(b)(6) for ``other
buses''. Treat these drayage tractors as being in their own averaging
set. This limit applies with respect to vehicles produced by
manufacturers within a control relationship as defined Sec. 534.3.
* * * * *
(11) Fuel consumption credits may not be generated more than once.
This means that fuel consumption credits may only be generated once for
a given engine or vehicle and fuel consumption credits may not be
generated for both a given engine and the vehicle in which the engine
is installed. For example, if a manufacturer generates fuel consumption
credits for a given hybrid vehicle under this part, no one may generate
fuel consumption credits for the associated hybrid engine. This
provision, however, does not prevent manufacturers from generating fuel
consumption credits for engines that are identical to the given engine
in the example if those engines are installed in vehicles for which
fuel consumption credits are not generated. This provision does not
impact any adjustment factor or multiplier that is applied to the fuel
consumption credits as specified or permitted by this part.
(b) * * *
(1) Calculate fuel consumption credits in a model year for one
fleet of conventional heavy-duty pickup trucks and vans and if
designated by the manufacturer another consisting of advance technology
vehicles for the averaging set as defined in Sec. 535.4. Calculate
credits for each fleet separately using the following equation:
Total MY Fleet FCC (gallons) = (Std-Act) x (Volume) x (UL) x (10\2\)
Where:
Std = Fleet average fuel consumption standard (gal/100 mile).
Act = Fleet average actual fuel consumption value (gal/100 mile).
Volume = the total U.S.-directed production of vehicles in the
regulatory subcategory.
UL = the useful life for the regulatory subcategory. The useful life
value for heavy- pickup trucks and vans manufactured for model years
2013 through 2020 is equal to the 120,000 miles. The useful life for
model years 2021 and later is equal to 150,000 miles.
* * * * *
(c) * * *
(1) Calculate the fuel consumption credits in a model year for each
participating family or subfamily consisting of conventional vehicles
in each averaging set (as defined in Sec. 535.4) using the equation in
this section. Each designated vehicle family or subfamily has a
``family emissions limit'' (FEL) that is compared to the associated
regulatory subcategory standard. An FEL that falls below the regulatory
subcategory standard creates ``positive credits,'' while fuel
consumption level of a family group above the standard creates a
``negative credits.'' The value of credits generated for each family or
subfamily in a model year is calculated as follows and must be rounded
to nearest whole number:
[[Page 18830]]
Vehicle Family FCC (gallons) = (Std-FEL) x (Payload) x (Volume) x (UL)
x (10\3\)
Where:
Std = the standard for the respective vehicle family regulatory
subcategory (gal/1,000 ton-mile).
FEL = family emissions limit for the vehicle family (gal/1,000 ton-
mile).
Payload = the prescribed payload in tons for each regulatory
subcategory as shown in the following table:
Table 1 to Paragraph (c)(1) Introductory Text
------------------------------------------------------------------------
Payload
Regulatory subcategory (tons)
------------------------------------------------------------------------
Vocational LHD Vehicles................................. 2.85
Vocational MHD Vehicles................................. 5.60
Vocational HHD Vehicles................................. 7.5
MDH MHD Tractors........................................ 12.50
HHD Tractors, other than heavy-haul Tractors............ 19.00
Heavy-haul Tractors..................................... 43.00
------------------------------------------------------------------------
Volume = the number of U.S.-directed production volume of vehicles
in the corresponding vehicle family.
UL = the useful life for the regulatory subcategory (miles) as shown
in the following table:
Table 2 to Paragraph (c)(1) Introductory Text
------------------------------------------------------------------------
Regulatory subcategory UL (miles)
------------------------------------------------------------------------
LHD Vehicles.................................... 110,000 (Phase
1);150,000 (Phase 2).
Vocational MHD Vehicles and tractors at or below 185,000.
33,000 pounds GVWR.
Vocational HHD Vehicles and tractors at or above 435,000.
33,000 pounds GVWR.
------------------------------------------------------------------------
* * * * *
(d) * * *
(1) Calculate the fuel consumption credits in a model year for each
participating family or subfamily consisting of engines in each
averaging set (as defined in Sec. 535.4) using the equation in this
section. Each designated engine family has a ``family certification
level'' (FCL) which is compared to the associated regulatory
subcategory standard. A FCL that falls below the regulatory subcategory
standard creates ``positive credits,'' while fuel consumption level of
a family group above the standard creates a ``credit shortfall.'' The
value of credits generated in a model year for each engine family or
subfamily is calculated as follows and must be rounded to nearest whole
number:
Engine Family FCC (gallons) = (Std-FCL) x (CF) x(Volume) x (UL) x
(10\2\)
Where:
Std = the standard for the respective engine regulatory subcategory
(gal/100 hp-hr).
FCL = family certification level for the engine family (gal/100 hp-
hr).
CF= a transient cycle conversion factor in hp-hr/mile which is the
integrated total cycle horsepower-hour divided by the equivalent
mileage of the applicable test cycle. For engines subject to spark-
ignition heavy-duty standards, the equivalent mileage is 6.3 miles.
For engines subject to compression-ignition heavy-duty standards,
the equivalent mileage is 6.5 miles.
Volume = the number of engines in the corresponding engine family.
UL = the useful life of the given engine family (miles) as shown in
the following table:
Table 3 to Paragraph (d)(1) Introductory Text
------------------------------------------------------------------------
Regulatory Subcategory UL (miles)
------------------------------------------------------------------------
SI and CI LHD Engines........................... 120,000 (Phase 1);
150,000 (Phase 2).
CI MHD Engines.................................. 185,000.
CI HHD Engines.................................. 435,000.
------------------------------------------------------------------------
* * * * *
(7) Engine credits generated for compression-ignition engines in
model year 2020 and earlier may be used in model year 2021 and later as
follows:
(i) For credit-generating engines certified to the tractor engine
standards in Sec. 535.5(d), you may use credits calculated relative to
the tractor engine standards.
(ii) For credit-generating engines certified to the vocational
engine standards in Sec. 535.5(d), you may use credits calculated
relative to the following family certification levels (FCLs):
(A) Medium Heavy-Duty Engines = 5.4813 gallons/100 hp-hr
(B) Heavy Heavy-Duty Engines = 5.1572 gallons/100 hp-hr
(C) To transfer Phase 1 credits for use in the Phase 2 fuel
consumption program, manufacturers must recalculate credit values for
the Phase 1 model years by substituting the FCLs in paragraph (d)(1) of
this section with the those in paragraphs (d)(7)(ii)(A) and (B) of this
section.
* * * * *
(f) * * *
(1) * * *
(ii) There are no separate credit allowances for advanced
technology vehicles in the Phase 2 program. Instead, through model year
2027, vehicle families containing plug-in battery electric hybrids,
all-electric, and fuel cell vehicles certifying to Phase 2 vocational
and tractor standards may multiply credits by a multiplier of:
* * * * *
(G) Advanced technology credits increased with a multiplier in
Phase 2,
[[Page 18831]]
in accordance with Sec. 535.7(f)(1)(ii), cannot be used across
averaging sets.
* * * * *
0
8. Amend Sec. 535.8 by revising paragraphs (a)(6), (g)(11)(i)(C),
(g)(12), and (i) to read as follows:
Sec. 535.8 Reporting and recordkeeping requirements.
(a) * * *
(6) Any information that must be sent directly to NHTSA. In
instances in which EPA has not created an electronic pathway to receive
the information, the information should be sent through an electronic
portal identified by NHTSA or through the NHTSA CAFE database (i.e.,
information on fuel consumption credit transactions). If hardcopy
documents must be sent, the information should be sent to the Associate
Administrator of Enforcement at 1200 New Jersey Avenue SE, NVS-200,
Office W45-306, Washington, DC 20590.
* * * * *
(g) * * *
(11) * * *
(i) * * *
(C) The averaging set corresponding to the engine and powertrain
families and subfamilies that generated fuel consumption credits for
the trade, including the number of fuel consumption credits from each
averaging set.
* * * * *
(12) Production reports. Within 90 days after the end of the model
year and no later than March 31st, manufacturers participating and not-
participating in the ABT program must send to EPA and NHTSA a report
including the total U.S.-directed production volume of vehicles it
produced in each vehicle and engine family during the model year (based
on information available at the time of the report) as required by 40
CFR 1036.250 and 1037.250. Each manufacturer shall report by vehicle or
engine identification number and by configuration and identify the
subfamily identifier. Report uncertified vehicles sold to secondary
vehicle manufacturers. Small business manufacturers may omit reporting.
Identify any differences between volumes included for EPA but excluded
for NHTSA.
* * * * *
(i) Information received from EPA. NHTSA will receive information
from EPA as specified in 40 CFR 1036.755 and 1037.755. The knowing and
willful submission of false, fictitious or fraudulent information under
this part will subject a manufacturer to the civil and criminal
penalties of 18 U.S.C. 1001.
* * * * *
0
9. Amend Sec. 535.9 by revising paragraph (a)(1)(i) and adding
paragraph (a)(1)(v) to read as follows:
Sec. 535.9 Enforcement approach.
(a) * * *
(1) * * *
(i) NHTSA may conduct audits or confirmatory testing on any
configuration prior to first sale throughout a given model year or
after the model year in order to validate data received from
manufacturers and will discuss any potential issues with EPA and the
manufacturer. NHTSA may perform confirmatory testing. Any such testing
would be performed as specified in EPA's regulations at 40 CFR part
1037. Audits may periodically be performed to confirm manufacturers'
credit balances, or other credit transactions or other information
submitted to EPA and NHTSA.
* * * * *
(v) NHTSA may require a manufacturer to perform selective
enforcement audits with respect to any GEM inputs in its application
for certification or in the end of the year ABT final reports. Any
required selective enforcement audits would be required to be conducted
in a manner consistent with EPA's corresponding provisions at 40 CFR
1037.301, 1037.305, and 1037.320.
* * * * *
0
10. Amend Sec. 535.10 by:
0
a. Removing and reserving paragraph (a)(3);
0
b. Revising paragraphs (a)(6) and (c)(2); and
0
c. Removing and reserving paragraph (c)(3).
The revisions read as follows:
Sec. 535.10 How do manufacturers comply with fuel consumption
standards?
(a) * * *
(6) Manufacturers apply the fuel consumption standards specified in
Sec. 535.5 to vehicles, engines and components that represent
production units and components for vehicle and engine families,
subfamilies and configurations consistent with the EPA specifications
in 40 CFR 86.1819, 1036.230, and 1037.230. Vehicles required to meet
the fuel consumption standards of this part must also comply with the
following additional requirements, consistent with CFR 1037.115(a) and
(d):
(i) Adjustable parameters. Vehicles that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range. We may require that you set adjustable
parameters to any specification within the practically adjustable range
during any testing. See 40 CFR 1068.50 for general provisions related
to adjustable parameters. You must ensure safe vehicle operation
throughout the practically adjustable range of each adjustable
parameter, including consideration of production tolerances. Note that
adjustable roof fairings and trailer rear fairings are deemed not to be
adjustable parameters.
(ii) Defeat devices. Consistent with 40 CFR 1068.101, the use of
defeat devices is prohibited.
* * * * *
(c) * * *
(2) For truck tractors, vocational vehicles, and engines the
manufacturer's fuel consumption performance for each vehicle or engine
family (or subfamily), as determined in Sec. 535.6, is lower than the
applicable regulatory subcategory standards in Sec. 535.5.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024-05010 Filed 3-14-24; 8:45 am]
BILLING CODE 4910-59-P