ENVIRONMENTAL
PROTECTION
AGENCY
[
OAR­
2003­
0214,
FRL­
]

Petition
to
Amend
Fuel
Economy
Testing
and
Calculation
Procedures;
Request
for
Comments.

AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Notice.

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
[
Insert
date
120
days
after
publication
in
the
FEDERAL
REGISTER].

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.
2
FOR
FURTHER
INFORMATION
CONTACT:
Holly
Pugliese,
2000
Traverwood
DR,
Ann
Arbor
MI
48105.
(
734)
214­
4288;

pugliese.
holly@
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.
epa.
gov/
edocket/
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.
3
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
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.
4
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
5
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
aand
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
6
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
7
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.
8
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
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
9
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),
P.
L.
94­
163.
EPCA
established
fuel
economy
labeling
information
requirements
and
Corporate
Average
Fuel
Economy
(
CAFÉ)
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
www.
fueleconomy.
gov;
the
fuel
economy
estimates
10
are
also
included
in
EPA's
Green
Vehicle
Guide,

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
FR13832,
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.
11
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
USC
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.
12
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
patters,

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
13
comments
to
the
address
indicated
above
under
SUPPLEMENTARY
INFORMATION
above.

Dated:

Jeffrey
R.
Holmstead,

Assistant
Administrator
for
Air
and
Radiation
