[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: 40CFR600.008-08]

[Page 877-879]
 
                   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. 600.008-08  Review of fuel economy data, testing by the Administrator.

    (a) Testing by the Administrator. (1) The Administrator may require 
that any one or more of the test vehicles be submitted to the Agency, at 
such place or places as the Agency may designate, for the purposes of 
conducting fuel economy tests. The Administrator may specify that such 
testing be conducted at the manufacturer's facility, in which case 
instrumentation and equipment specified by the Administrator shall be 
made available by the manufacturer for test operations. The tests to be 
performed may comprise the FTP, highway fuel economy test, US06, SC03, 
or Cold temperature FTP or any combination of those tests. 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 test or tests 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 applicable test or tests 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 tests of a single test type 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 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,

[[Page 878]]

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 
Administrator 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 FTP or HFET test is higher than 
expected based on procedures approved by the Administrator;
    (iv) The fuel economy for the FTP or HFET test is close to a Gas 
Guzzler Tax threshold value based on tolerances established by the 
Administrator; or
    (v) The fuel economy value for the FTP or highway is a potential 
fuel economy leader for a class of vehicles based on cut points provided 
by the Administrator.
    (2) If the Administrator selects the vehicle for confirmatory 
testing based on the manufacturer's original test results, the testing 
shall be conducted as ordered by the Administrator. In this case, the 
manufacturer-conducted confirmatory testing specified under paragraph 
(b)(1) of this section would not be required.
    (3) The manufacturer shall conduct a retest of the FTP or highway 
test if the difference between the fuel economy of the confirmatory test 
and the original manufacturer's test equals or exceeds three percent (or 
such lower percentage to be applied consistently to all manufacturer-
conducted confirmatory testing as requested by the manufacturer and 
approved by the Administrator).
    (i) The manufacturer may, in lieu of conducting a retest, accept the 
lower of the original and confirmatory test fuel economy results for use 
in subpart C or F of this part.
    (ii) The manufacturer shall conduct a second retest of the FTP or 
highway test if the fuel economy difference between the second 
confirmatory test and the original manufacturer test equals or exceeds 
three percent (or such lower percentage as requested by the manufacturer 
and approved by the Administrator) and the fuel economy difference 
between the second confirmatory test and the first confirmatory test 
equals or exceeds three percent (or such lower percentage as requested 
by the manufacturer and approved by the Administrator). The manufacturer 
may, in lieu of conducting a second retest, accept the lowest of the 
original test, the first confirmatory test, and the second confirmatory 
test fuel economy results for use in subpart C or F of this part.
    (4) The Administrator may request the manufacturer to conduct a 
retest of the US06, SC03 or Cold Temperature FTP on the basis of fuel 
economy that is higher than expected as specified in criteria provided 
by the Administrator. Such retests shall not be required before the 2011 
model year.
    (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 data from this testing, 
together with all other fuel economy data submitted for that vehicle 
under Sec. 600.006(c) or (e) will be evaluated by the Administrator 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, HFET, US06, SC03 and Cold temperature FTP test data will 
be considered separately.
    (iii) If more than one test was conducted, the Administrator may 
select

[[Page 879]]

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 conducted by the manufacturer under 
the provisions of paragraph (b) of this section, the data from this 
testing will be evaluated by the Administrator 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, HFET, US06, SC03 and Cold temperature FTP 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, HFET, US06, SC03 and Cold temperature FTP test data will 
be considered separately.
    (ii) If more than one test was conducted, the harmonic average of 
the test results shall be accepted for use in subpart C or F of this 
part.
    (d) If, based on a review of the fuel economy data generated by 
testing under paragraph (a) of this section, the Administrator 
determines that an unacceptable level of correlation exists between fuel 
economy data generated by a manufacturer and fuel economy data generated 
by the Administrator, he/she may reject all fuel economy data submitted 
by the manufacturer until the cause of the discrepancy is determined and 
the validity of the data is established by the manufacturer.
    (e)(1) If, based on the results of an inspection conducted under 
Sec. 600.005(b) or any other information, the Administrator has reason 
to believe that the manufacturer has not followed proper testing 
procedures or that the testing equipment is faulty or improperly 
calibrated, or if records do not exist that will enable him to make a 
finding of proper testing, the Administrator may notify the manufacturer 
in writing of his finding and require the manufacturer to:
    (i) Submit the test vehicle(s) upon which the data are based or 
additional test vehicle(s) at a place he may designate for the purpose 
of fuel economy testing.
    (ii) Conduct such additional fuel economy testing as may be required 
to demonstrate that prior fuel economy test data are reasonable and 
representative.
    (2) Previous acceptance by the Administrator of any fuel economy 
test data submitted by the manufacturer shall not limit the 
Administrator's right to require additional testing under paragraph 
(e)(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.

[71 FR 77931, Dec. 27, 2006]