[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR309.22]

[Page 362-363]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 309_LABELING REQUIREMENTS FOR ALTERNATIVE FUELS AND ALTERNATIVE 
FUELED VEHICLES--Table of Contents
 
         Subpart C_Requirements for Alternative Fueled Vehicles
 
Sec. 309.22  Determining estimated cruising range.

    (a) Dedicated vehicles. (1) Estimated cruising range values for 
dedicated vehicles required to comply with the provisions of 40 CFR part 
600 are to be calculated in accordance with the following:
    (i) The lower range value shall be determined by multiplying the 
vehicle's estimated city fuel-economy by its fuel tank capacity, then 
rounding to the next lower integer value.
    (ii) The upper range value shall be determined by multiplying the 
vehicle's estimated highway fuel-economy by its fuel tank capacity, then 
rounding to the next higher integer value.
    (2) Estimated cruising range for an EV is the actual vehicle range 
determined in accordance with test methods set forth in Society of 
Automotive Engineers (``SAE'') Surface Vehicle Recommended Practice SAE 
J1634-1993-05-20, ``Electric Vehicle Energy Consumption and Range Test 
Procedure.'' This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of SAE J1634-1993-05-20 may be obtained from the 
Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA, 
15096-0001, or may be inspected at the Federal Trade Commission, Public 
Reference Room, room 130, 600 Pennsylvania Avenue, NW, Washington, DC, 
or at the National Archives and Records

[[Page 363]]

Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (3) To determine the estimated cruising range values for dedicated 
vehicles not required to comply with the provisions of 40 CFR part 600 
(other than electric vehicles), you must possess a reasonable basis, 
consisting of competent and reliable evidence that substantiates the 
minimum and maximum number of miles the vehicle will travel between 
refuelings or rechargings that is claimed.
    (b) Dual-fueled vehicles. (1) Estimated cruising range values for 
dual-fueled vehicles required to comply with the provisions of 40 CFR 
part 600 are to be calculated in accordance with the following:
    (i) The lower range value for the vehicle while operating 
exclusively on alternative fuel shall be determined by multiplying the 
vehicle's estimated city fuel-economy by its alternative-fuel tank 
capacity, then rounding to the next lower integer value.
    (ii) The upper range value for the vehicle while operating 
exclusively on alternative fuel shall be determined by multiplying the 
vehicle's estimated highway fuel-economy by its alternative-fuel tank 
capacity, then rounding to the next higher integer value.
    (iii) The lower range value for the vehicle while operating 
exclusively on conventional fuel shall be determined by multiplying the 
vehicle's estimated city fuel-economy by its conventional-fuel tank 
capacity, then rounding to the next lower integer value.
    (iv) The upper range value for the vehicle while operating 
exclusively on conventional fuel shall be determined by multiplying the 
vehicle's estimated highway fuel-economy by its conventional-fuel tank 
capacity, then rounding to the next higher integer value.
    (2) [Reserved]
    (3) To determine the estimated cruising range values for dual-fueled 
vehicles not required to comply with the provisions of 40 CFR part 600 
(other than electric vehicles), you must possess a reasonable basis, 
consisting of competent and reliable evidence, of:
    (i) The minimum and maximum number of miles the vehicle will travel 
between refuelings or rechargings when operated exclusively on 
alternative fuel, and
    (ii) The minimum and maximum number of miles the vehicle will travel 
between refuelings or rechargings when operated exclusively on 
conventional fuel.

[60 FR 26955, May 19, 1995, as amended at 69 FR 18803, Apr. 9, 2004]