[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR600.008-01]

[Page 874-877]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 600_FUEL ECONOMY OF MOTOR VEHICLES--Table of Contents
 
    Subpart A_Fuel Economy Regulations for 1977 and Later Model Year 
                     Automobiles_General Provisions
 
Sec. 600.008-01  Review of fuel economy data, testing by the Administrator.

    (a) Testing by the Administrator. (1) The Administrator may require 
that any one or more of the test vehicles be submitted to the Agency, at 
such place or places as the Agency may designate, for the purposes of 
conducting fuel economy tests. The Administrator may specify that such 
testing be conducted at the manufacturer's facility, in which case 
instrumentation and equipment specified by the Administrator

[[Page 875]]

shall be made available by the manufacturer for test operations. Any 
testing conducted at a manufacturer's facility pursuant to this 
paragraph shall be scheduled by the manufacturer as promptly as 
possible.
    (2) Retesting and official data determination. For any vehicles 
selected for confirmatory testing under the provisions of paragraph 
(a)(1) of this section, the Administrator will follow this procedure:
    (i) The manufacturer's data (or harmonically averaged data if more 
than one test was conducted) will be compared with the results of the 
Administrator's test.
    (ii) If, in the Administrator's judgment, the comparison in 
paragraph (a)(2)(i) of this section indicates a disparity in the data, 
the Administrator will repeat the city test or the highway test or both 
as applicable.
    (A) The manufacturer's average test results and the results of the 
Administrator's first test will be compared with the results of the 
Administrator's second test as in paragraph (a)(2)(i) of this section.
    (B) If, in the Administrator's judgment, both comparisons in 
paragraph (a)(2)(i)(A) of this section, indicate a disparity in the 
data, the Administrator will repeat the city fuel economy test or 
highway fuel economy test or both as applicable until:
    (1) In the Administrator's judgment no disparity in the data is 
indicated by comparison of two tests by the Administrator or by 
comparison of the manufacturer's average test results and a test by the 
Administrator; or
    (2) Four city tests or four highway tests or both, as applicable, 
are conducted by the Administrator in which a disparity in the data is 
indicated when compared as in paragraph (a)(2)(ii) of this section.
    (iii) If there is, in the Administrator's judgment, no disparity 
indicated by comparison of manufacturer's average test results with a 
test by the Administrator, the test values generated by the 
Administrator will be used to represent the vehicle.
    (iv) If there is, in the Administrator's judgment, no disparity 
indicated by comparison of two tests by the Administrator, the harmonic 
averages of the city and highway fuel economy results from those tests 
will be used to represent the vehicle.
    (v) If the situation in paragraph (a)(2)(ii)(B)(2) of this section 
occurs, the Administrator will notify the manufacturer, in writing, that 
the Administrator rejects that fuel economy data vehicle.
    (b) Manufacturer-conducted confirmatory testing. (1) If the 
Administrators determines not to conduct a confirmatory test under the 
provisions of paragraph (a) of this section, manufacturers will conduct 
a confirmatory test at their facility after submitting the original test 
data to the Administrator whenever any of the following conditions 
exist:
    (i) The vehicle configuration has previously failed an emission 
standard;
    (ii) The test exhibits high emission levels determined by exceeding 
a percentage of the standards specified by the Administrator for that 
model year;
    (iii) The fuel economy value of the test is higher than expected 
based on procedures approved by the Administrator;
    (iv) The fuel economy value is close to a Gas Guzzler Tax threshold 
value based on tolerances established by the Administrator for that 
model year; or
    (v) The fuel economy value is a potential fuel economy leader for a 
class of vehicles based on Administrator provided cut points for that 
model year.
    (2) If the Administrator selects the vehicle for confirmatory 
testing based on the manufacturer's original test results, the testing 
shall be conducted as ordered by the Administrator. In this case, the 
manufacturer-conducted confirmatory testing specified under paragraph 
(b)(1) of this section would not be required.
    (3) The manufacturer shall conduct a retest of the FTP or highway 
test if the difference between the fuel economy of the confirmatory test 
and the original manufacturer's test equals or exceeds three percent (or 
such lower percentage to be applied consistently to all manufacturer 
conducted confirmatory testing as requested by the manufacturer and 
approved by the Administrator).
    (i) The manufacturer may, in lieu of conducting a retest, accept the 
lower of

[[Page 876]]

the original and confirmatory test fuel economy results for use in 
subpart C or F of this part.
    (ii) The manufacturer shall conduct a second retest of the FTP or 
highway test if the fuel economy difference between the second 
confirmatory test and the original manufacturer test equals or exceeds 
three percent (or such lower percentage as requested by the manufacturer 
and approved by the Administrator) and the fuel economy difference 
between the second confirmatory test and the first confirmatory test 
equals or exceeds three percent (or such lower percentage as requested 
by the manufacturer and approved by the Administrator). The manufacturer 
may, in lieu of conducting a second retest, accept the lowest of the 
original test, the first confirmatory test, and the second confirmatory 
test fuel economy results for use in subpart C or F of this part.
    (c) Review of fuel economy data. (1) Fuel economy data must be 
judged reasonable and representative by the Administrator in order for 
the test results to be used for the purposes of subpart C or F of this 
part. In making this determination, the Administrator will, when 
possible, compare the results of a test vehicle to those of other 
similar test vehicles.
    (2) If testing was conducted by the Administrator under the 
provisions of paragraph (a) of this section, the fuel economy data 
determined by the Administrator under paragraph (a) of this section, 
together with all other fuel economy data submitted for that vehicle 
under Sec. 600.006(c) or (e) will be evaluated for reasonableness and 
representativeness per paragraph (c)(1) of this section.
    (i) The fuel economy data which are determined to best meet the 
criteria of paragraph (c) (1) of this section will be accepted for use 
in subpart C or F of this part.
    (ii) City and highway test data will be considered separately.
    (iii) If more than one test was conducted, the Administrator may 
select an individual test result or the harmonic average of selected 
test results to satisfy the requirements of paragraph (c)(2)(i) of this 
section.
    (3) If confirmatory testing was not conducted by the Administrator 
but confirmatory testing was conducted by the manufacturer under the 
provisions of paragraph (b) of this section, the fuel economy data 
determined by the Administrator under paragraph (b) of this section, 
will be evaluated for reasonableness and representativeness per 
paragraph (c)(1) of this section.
    (i) The fuel economy data which are determined to best meet the 
criteria of paragraph (c)(1) of this section will be accepted for use in 
subpart C or F of this part.
    (ii) City and highway test data will be considered separately.
    (iii) If more than one test was conducted, the Administrator may 
select an individual test result or the harmonic average of selected 
test results to satisfy the requirements of paragraph (c)(2)(i) of this 
section.
    (4) If no confirmatory testing was conducted by either the 
Administrator or the manufacturer under the provisions of paragraph (a) 
and (b) of this section, respectively, then the data submitted under the 
provisions of Sec. 600.006(c) or (e) shall be accepted for use in 
subpart C or F of this part.
    (i) City and highway test data will be considered separately.
    (ii) If more than one test was conducted, the harmonic average of 
the test results shall be accepted for use in subpart C or F of this 
part.
    (d) If, based on a review of the fuel economy data generated by 
testing under paragraph (a) of this section, the Administrator 
determines that an unacceptable level of correlation exists between fuel 
economy data generated by a manufacturer and fuel economy data generated 
by the Administrator, he/she may reject all fuel economy data submitted 
by the manufacturer until the cause of the discrepancy is determined and 
the validity of the data is established by the manufacturer.
    (e)(1) If, based on the results of an inspection conducted under 
Sec. 600.005(b) or any other information, the Administrator has reason 
to believe that the manufacturer has not followed proper testing 
procedures or that the testing equipment is faulty or improperly 
calibrated, or if records do not exist that will enable him to make a 
finding of

[[Page 877]]

proper testing, the Administrator may notify the manufacturer in writing 
of his finding and require the manufacturer to:
    (i) Submit the test vehicle(s) upon which the data are based or 
additional test vehicle(s) at a place he may designate for the purpose 
of fuel economy testing.
    (ii) Conduct such additional fuel economy testing as may be required 
to demonstrate that prior fuel economy test data are reasonable and 
representative.
    (2) Previous acceptance by the Administrator of any fuel economy 
test data submitted by the manufacturer shall not limit the 
Administrator's right to require additional testing under paragraph 
(h)(1) of this section.
    (3) If, based on tests required under paragraph (e)(1) of this 
section, the Administrator determines that any fuel economy data 
submitted by the manufacturer and used to calculate the manufacturer's 
fuel economy average was unrepresentative, the Administrator may 
recalculate the manufacturer's fuel economy average based on fuel 
economy data that he/she deems representative.
    (4) A manufacturer may request a hearing as provided in Sec. 
600.009 if the Administrator decides to recalculate the manufacturer's 
average pursuant to determinations made relative to this section.

[64 FR 23973, May 4, 1999]