Petition to Amend Fuel Economy Testing and Calculation
Procedures; Request for Comments
[Federal Register: March 29, 2004 (Volume 69, Number 60)]
[Proposed Rules]
[Page 16188-16190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr04-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
[OAR-2003-0214, FRL-7640-3]
Petition to Amend Fuel Economy Testing and Calculation
Procedures; Request for Comments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of petition for rulemaking.
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SUMMARY: EPA has received a petition from Bluewater Network requesting
rulemaking to ``revise the test procedures, calculation methods and/or
correction factors employed in the calculations used to determine the
fuel economy information relayed to consumers and policy makers so that
they more accurately reflect the actual, real-world fuel economy that
vehicles are achieving on the road.'' Bluewater Network contends that
EPA's fuel economy estimates do not accurately reflect results achieved
in actual on-road operation; more accurate estimates would benefit both
consumers and those involved in setting national energy policy. Before
acting on the petition, EPA would like to solicit information and
comments from other interested parties.
DATES: In order to receive full consideration, comments should be
submitted by July 27, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Holly Pugliese, 2000 Traverwood DR,
Ann Arbor MI 48105. (734) 214-4288; harrison.dan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies Of Related Information ?
EPA has established an official public docket for this action under
Docket ID No. OAR-2003-0214. The official public docket is the
collection of materials that is available for public viewing at the Air
and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1744.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not
[[Page 16189]]
included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. EPA's policy is that
copyrighted material will not be placed in EPA's electronic public
docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified
above.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD-ROM you submit, and in any cover letter accompanying
the disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the
online instructions for submitting comments. Once in the system, select
``search,'' and then key in Docket ID No. OAR-2003-0214. The system is
an ``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
Comments may be sent by electronic mail (e-mail) to
a-and-r-docket@epamail.epa.gov, Attention Docket ID No. OAR-2003-0214. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
You may submit comments on a disk or CD-ROM that you mail to the
mailing address identified below. These electronic submissions will be
accepted in WordPerfect or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Send your comments to: Air and Radiation Docket,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460], Attention: Docket ID No. OAR-2003-
0214.
3. By Hand Delivery or Courier. Deliver your comments to: Air and
Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC, Attention: Docket ID
No. OAR-2003-0214. Such deliveries are only accepted during the
Docket's normal hours of operation as identified above.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI. If you submit CBI on disk or CD-ROM,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is CBI. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD-ROM, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided
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the name, date, and Federal Register citation related to your comments.
II. History of EPA's Fuel Economy Program
The Federal Government began regulating vehicle exhaust emissions
in the late 1960's. At that time, fuel economy was not considered an
area of concern. However, the fuel shortage crisis in 1973 placed an
urgent focus on fuel efficiency, and created a new demand for accurate
and comparable fuel economy information.
In evaluating how to accomplish this, it was determined that the
data collected during EPA's vehicle emission test could be used to
calculate a ``city'' fuel economy estimate. The same methods for
calculating vehicle emission, involving determining the volume and
composition of various components in the exhaust, could be used to
calculate the quantity of fuel consumed. At the time of the 1973 fuel
shortage crisis, the emission test data from 1974 models had already
been collected by EPA. Thus, it was relatively simple to use that data
to calculate the fuel economy for those vehicles and compile that
information into the first ``Fuel Economy Guide''. Because the data was
collected under tightly controlled laboratory conditions, it allowed
for comparisons amongst the different vehicle models. Moreover, it was
an efficient method for vehicle manufacturers, since a single test
could serve two purposes--emission and fuel economy measurements.
The downside of using the data collected for regulation of exhaust
emissions was that it encompassed only one type of driving: urban stop-
and-go at lower average speeds. Higher speed highway driving was not
simulated for the emissions test. EPA responded to this concern by
establishing a separate ``highway'' driving test that simulated
sustained moderate speed operation typical of an urban highway.
In 1975 Congress passed the Energy Policy and Conservation Act
(EPCA), Public Law 94-163. EPCA established fuel economy labeling
information requirements and Corporate Average Fuel Economy
(CAF[Eacute]) standards, and was based on EPA's voluntary program. It
also codified the use of the--``highway'' driving cycle. For vehicle
labeling, it required that EPA's fuel economy test results be posted on
a label affixed to all new cars and light trucks, and that the label
values for those vehicles be published in an annual consumer booklet,
which is known as the Fuel Economy Guide. (Fuel Economy Guides for the
present and past model years are available at http://www.fueleconomy.gov;
the fuel economy estimates are also included in EPA's Green
Vehicle Guide, http://www.epa.gov/greenvehicles.)
Shortly after the fuel economy labeling program was established,
EPA began receiving consumer complaints that they were not achieving
their ``city'' and ``highway'' fuel economy label values during actual
on-road operation. EPA determined that the label values allowed
relative comparisons from one vehicle to another but were less
effective at estimating the actual mileage of in-use vehicles. This was
due to the differences between the strictly controlled laboratory
conditions and the real-world conditions that could impact individual
experiences with fuel economy (e.g. extreme climate conditions, driving
habits, lack of proper maintenance, higher driving speeds, severe
traffic congestion, etc.). Many of these factors tend to lower fuel
economy compared to the laboratory test conditions used by EPA when
measuring vehicle fuel economy. In response to this concern, EPA
evaluated the data available at the time on in-use fuel economy and
established adjustment factors which reduced the ``city'' estimate by
10 percent and the ``highway'' estimate by 22 percent. (49 FR 13832,
April 6, 1984). The number of consumer complaints declined
significantly after the adjustment factors became effective. These
adjusted results are currently used for the fuel economy values posted
on vehicle labels and in the Fuel Economy Guide.
III. Bluewater Network's Petition
The petition submitted to EPA from Bluewater Network, San Francisco
CA, concerns the accuracy of fuel economy label values. Bluewater
Network believes that despite the adjustments made to the city and
highway fuel economy values, EPA's fuel economy label values still
overstate what consumers actually achieve. Bluewater Network contends
that the primary causes for this discrepancy are increased highway
speeds, a higher proportion of urban driving and greater city traffic
congestion which have occurred since EPA's procedures and adjustment
factors were established. They have requested that EPA issue a
rulemaking to revise its test procedures to more accurately reflect
what the average consumer will achieve.
The Bluewater Network petition was addressed to both EPA and the
Department of Transportation (DOT). Both EPA and the DOT's National
Highway Traffic Safety Administration (NHTSA) have specific statutorily
defined roles regarding vehicle fuel economy. (See Energy Policy and
Conservation Act, 49 U.S.C. 32901 et seq.) By this Notice, EPA is
soliciting comment on the petition, specifically on the accuracy of
fuel economy label values.
Bluewater Network's complete petition is available from their Web
site, the docket or from the individual listed under FOR FURTHER
INFORMATION CONTACT above.
Request for Comments
EPA is soliciting comments on Bluewater Network's petition
regarding fuel economy information in order to assist EPA in
determining whether to grant or deny the petition. Comments from all
interested parties are requested concerning EPA regulations
implementing the fuel economy program as discussed in the petition and
other related fuel economy information issues.
EPA is specifically requesting comments on whether current national
driving patterns have changed in a manner that directionally impacts
fuel economy. We also request the submission of any recent data that
compares in-use fuel economy with the EPA city and highway label
values, including data from vehicles operated on gasoline, diesel, and
alternative fuels (such as CNG and LPG), and hybrid electric vehicles.
Diesel and alternative fuel passenger cars and light trucks were not
common in the early 1980's and therefore were not represented in the
data used to determine the existing adjustment factors. Similarly,
hybrid vehicles did not exist at that time. Also requested is
information and/or data about how any specific conditions that may have
an impact on fuel economy, such as air conditioning usage, road
conditions, driving patterns, driving habits, etc., may have changed
over time. Finally, we request information on why any changes in those
conditions could have an impact on fuel economy. Please send all
comments to the address indicated above under SUPPLEMENTARY INFORMATION
above.
Dated: March 17, 2004.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 04-6827 Filed 3-26-04; 8:45 am]
BILLING CODE 6560-50-P