[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: 40CFR600.008-77]

[Page 879-881]
 
                   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. 600.008-77  Review of fuel economy data, testing by the Administrator.

    (a) Fuel economy data must be judged acceptable by the Administrator 
in order for the test results to be used for the purposes of subpart C 
or F of this part. The Administrator will evaluate the acceptability of 
the fuel economy data from either a fuel economy data vehicle or a 
certification vehicle on the basis of the data submitted under Sec. 
600.006 or test data generated by the Administrator, as applicable, in 
accordance with good engineering practice.

[[Page 880]]

    (b) If, in the Administrator's judgment, the city and highway fuel 
economy results (or the harmonic averages, as applicable, if more than 
one test were conducted) for a fuel economy data vehicle, or for a 
certification vehicle, are reasonable and representative, the 
Administrator will accept the fuel economy data (or harmonic averages, 
as applicable, of the city and highway fuel economy data if more than 
one test was conducted) for use in 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.
    (c) If, in the Administrator's judgment, the city and highway fuel 
economy results (or the harmonic averages if more than one test were 
conducted) for a fuel economy data vehicle or for a certification 
vehicle are not reasonable or representative, the Administrator will 
notify the manufacturer in writing of his finding and require the 
manufacturer to submit the test vehicle(s) in question, at a place he 
may designate, for the purpose of fuel economy testing.
    (d) The Administrator may require that any fuel economy data vehicle 
or certification vehicle be submitted, at a place he may designate, for 
the purpose of confirmation of fuel economy testing.
    (e) For any fuel economy data vehicle that the Administrator has 
required to be submitted, at a place he may designate for the purpose of 
fuel economy testing, and for any certification vehicle, the 
Administrator will follow this procedure:
    (1) 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.
    (2) If, in the Administrator's judgment, the comparison in paragraph 
(e)(1) of this section indicates a disparity in the data, the 
Administrator will repeat the city test or the highway test or both as 
applicable.
    (i) 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 (e)(1) of this section.
    (ii) If, in the Administrator's judgment, both comparisons in 
(e)(2)(i) 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:
    (A) 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
    (B) 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 (e)(2) of this section.
    (3) 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.
    (4) 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.
    (5) If the situation in paragraph (e)(2)(ii)(B) of this section 
occurs, the Administrator will notify the manufacturer, in writing, that 
the Administrator rejects that fuel economy data vehicle.
    (f) The fuel economy data determined by the Administrator under 
paragraph (e) (3) or (4) 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 (b) of this section. The fuel economy data which are 
determined to best meet the criteria of paragraph (b) of this section 
will be accepted for use in subpart C or F of this part.
    (g) If, based on a review of the fuel economy data generated by 
testing under paragraph (e) of this section, the Administrator 
determines that an unacceptable level of correlation exists between fuel 
economy data generated

[[Page 881]]

by a manufacturer and fuel economy data generated by the Administrator, 
he 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.
    (h)(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 
(h)(1) of this section.
    (3) If, based on tests required under paragraph (h)(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 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.

[41 FR 38685, Sept. 10, 1976, as amended at 41 FR 49760, Nov. 10, 1976]