Rule2021-05306

Improvements for Heavy-Duty Engine and Vehicle Test Procedures, and Other Technical Amendments

Primary source

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Published
June 29, 2021
Effective
July 29, 2021

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) is amending the test procedures for heavy-duty engines and vehicles to improve accuracy and reduce testing burden. EPA is also making other regulatory amendments concerning light-duty vehicles, heavy-duty vehicles, highway motorcycles, locomotives, marine engines, other nonroad engines and vehicles, and stationary engines. These amendments affect the certification procedures for exhaust emission standards and related requirements. EPA is finalizing similar amendments for evaporative emission standards for nonroad equipment and portable fuel containers. The amendments increase compliance flexibility, harmonize with other requirements, add clarity, correct errors, and streamline the regulations. Given the nature of the amendments, they will have neither significant environmental impacts nor significant economic impacts for any sector.

Full Text

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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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<body><pre>
[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34308-34590]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-05306]



[[Page 34307]]

Vol. 86

Tuesday,

No. 122

June 29, 2021

Part II





Environmental Protection Agency





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40 CFR Parts 9, 59, 60, et al.





 Improvements for Heavy-Duty Engine and Vehicle Test Procedures, and 
Other Technical Amendments; Final Rule

Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules 
and Regulations

[[Page 34308]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 59, 60, 85, 86, 88, 89, 90, 91, 92, 94, 1027, 1033, 
1036, 1037, 1039, 1042, 1043, 1045, 1048, 1051, 1054, 1060, 1065, 
1066, 1068, and 1074

[EPA-HQ-OAR-2019-0307; FRL-10018-52-OAR]
RIN 2060-AU62


Improvements for Heavy-Duty Engine and Vehicle Test Procedures, 
and Other Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the test 
procedures for heavy-duty engines and vehicles to improve accuracy and 
reduce testing burden. EPA is also making other regulatory amendments 
concerning light-duty vehicles, heavy-duty vehicles, highway 
motorcycles, locomotives, marine engines, other nonroad engines and 
vehicles, and stationary engines. These amendments affect the 
certification procedures for exhaust emission standards and related 
requirements. EPA is finalizing similar amendments for evaporative 
emission standards for nonroad equipment and portable fuel containers. 
The amendments increase compliance flexibility, harmonize with other 
requirements, add clarity, correct errors, and streamline the 
regulations. Given the nature of the amendments, they will have neither 
significant environmental impacts nor significant economic impacts for 
any sector.

DATES: This final rule is effective on July 29, 2021. The incorporation 
by reference of certain publications listed in this regulation is 
approved by the Director of the Federal Register as of July 29, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2019-0307. All documents in the docket are 
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the 
index, some information is not publicly available, e.g., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy 
at Air and Radiation Docket and Information Center, EPA Docket Center, 
EPA/DC, EPA WJC West Building, 1301 Constitution Ave. NW, Room 3334, 
Washington, DC. Note that the EPA Docket Center and Reading Room were 
closed to public visitors on March 31, 2020, to reduce the risk of 
transmitting COVID-19. The Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742. For further information on 
EPA Docket Center services and the current status, go to <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: Alan Stout, Office of Transportation 
and Air Quality, Assessment and Standards Division, Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
telephone number: (734) 214-4805; email address: <a href="/cdn-cgi/l/email-protection#aad9dec5dfde84cbc6cbc4eacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="cdbeb9a2b8b9e3aca1aca38da8bdace3aaa2bb">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Heavy-Duty Highway Amendments
    A. Test Procedures and Compliance Model Changes
    B. Heavy-Duty Engine GHG Emission Standards and Flexibility
    C. Heavy-Duty Vehicle GHG Emission Standards and Flexibility
    D. Onboard Diagnostics (``OBD'')
III. Other Amendments
    A. Ethanol-Blend Test Fuels for Nonroad Spark-Ignition Engines 
and Vehicles, Highway Motorcycles, and Portable Fuel Containers
    B. Removing Obsolete CFR Content
    C. Certification Fees (40 CFR Part 1027)
    D. Additional Amendments for Motor Vehicles and Motor Vehicle 
Engines (40 CFR Parts 85 and 86)
    E. Additional Amendments for Locomotives (40 CFR Part 1033)
    F. Additional Amendments for Land-Based Nonroad Diesel Engines 
(40 CFR Part 1039)
    G. Additional Amendments for Marine Diesel Engines (40 CFR Parts 
1042 and 1043)
    H. Portable Fuel Containers (40 CFR Part 59)
    I. Evaporative Emission Standards for Nonroad Spark-Ignition 
Engines and Equipment (40 CFR Part 1060)
    J. Additional Amendments for Nonroad Spark-Ignition Engines at 
or Below 19 kW (40 CFR Part 1054)
    K. Amendments for General Compliance Provisions (40 CFR Part 
1068)
    L. Other Requests for Comment
IV. Statutory Authority and Executive Order Reviews

I. General Information

Does this action apply to me?

    This action relates to companies that manufacture, sell, or import 
into the United States new heavy-duty engines or Class 2b through 8 
trucks, including combination tractors, vocational vehicles, and all 
types of buses.\1\ Vocational vehicles include municipal, commercial, 
and recreational vehicles. Additional amendments apply for different 
manufacturers of light-duty vehicles, light-duty trucks, highway 
motorcycles, stationary engines, and various types of nonroad engines, 
vehicles, and equipment.\2\ Regulated categories and entities include 
the following:
---------------------------------------------------------------------------

    \1\ ``Heavy-duty engine'' and ``heavy-duty vehicle,'' are 
defined in 40 CFR 1037.801.
    \2\ ``Light-duty vehicle'' and ``light-duty truck'' are defined 
in 40 CFR 86.1803-01.

------------------------------------------------------------------------
                                                          Examples of
                                                          potentially
          NAICS codes a              NAICS titles          regulated
                                                           entities
------------------------------------------------------------------------
333618, 336111, 336112, 336120,   Other Engine        Motor vehicle
 336211, 336212, 336611, 336999.   Equipment           manufacturers and
                                   Manufacturing,      engine
                                   Automobile          manufacturers.
                                   Manufacturing,
                                   Light Truck and
                                   Utility Vehicle
                                   Manufacturing,
                                   Heavy Duty Truck
                                   Manufacturing,
                                   Motor Vehicle
                                   Body
                                   Manufacturing,
                                   Truck Trailer
                                   Manufacturing,
                                   Ship Building and
                                   Repairing, All
                                   Other
                                   Transportation
                                   Equipment
                                   Manufacturing.
811111, 811112, 811198, 423110..  General Automotive  Commercial
                                   Repair,             importers of
                                   Automotive          vehicles and
                                   Exhaust System      vehicle
                                   Repair, All Other   components.
                                   Automotive Repair
                                   and Maintenance,
                                   Automobile and
                                   Other Motor
                                   Vehicle Merchant
                                   Wholesalers.
335312, 811198..................  Motor and           Alternative fuel
                                   Generator           vehicle
                                   Manufacturing,      converters.
                                   All Other
                                   Automotive Repair
                                   and Maintenance.

[[Page 34309]]

 
326199, 332431..................  All Other Plastics  Portable fuel
                                   Product             container
                                   Manufacturing,      manufacturers.
                                   Metal Can
                                   Manufacturing.
------------------------------------------------------------------------
a North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

What action is the Agency taking?

    This action amends the regulations that implement our air pollutant 
emission standards for engines, vehicles and mobile equipment. The 
amendments include corrections, clarifications, and flexibilities for 
multiple types of vehicles, engines and equipment.
    The majority of these amendments modify existing test procedures 
for heavy-duty highway engines and vehicles. These test procedure 
changes improve accuracy, and in some cases, reduce test burden. They 
mainly apply for measurement of greenhouse gas (GHG) pollutants 
(primarily CO2), though some apply for criteria pollutants (such as 
NO<INF>X</INF>), as well. See Section II.A.
    Additional heavy-duty highway amendments update EPA regulations to 
enhance implementation of existing emission standards. For example, 
some changes reduce the likelihood that manufacturers would need to 
duplicate certification efforts to comply with EPA, Canadian, and 
Californian standards. Some amendments make it easier for manufacturers 
to more fully account for the emission benefits of advanced emission 
control technology, which could provide them the opportunity to 
generate additional emission credits. These heavy-duty highway 
amendments are described in Section II.B.
    This rule includes other amendments that are generally 
administrative or technical in nature and include amendments for 
nonroad engines and vehicles, stationary engines, and portable fuel 
containers. These amendments are described in Section III. Perhaps the 
most visible administrative amendment is the elimination of hundreds of 
pages of obsolete regulations, which is described in Section III.B.
    EPA published a proposed rule on May 12, 2020 (85 FR 28140). This 
final rule follows from that proposal, with several adjustments that 
reflect EPA's consideration of comments received. Most of the proposed 
revisions from that document are addressed in this final rule. EPA is 
also issuing a new notice of proposed rulemaking to supplement the 
earlier proposed rule, published in the Proposed Rules section of this 
issue of the Federal Register, titled ``Improvements for Heavy-Duty 
Engine and Vehicle Test Procedures,'' docket number EPA-HQ-OAR-2019-
0307; FRL-10018-51-OAR. In the supplemental proposal, EPA proposes 
further amendments concerning only certain specific aspects of the 
Greenhouse gas Emissions Model (GEM) (see Section II of the preamble to 
the supplemental proposal).
    The proposed rule included requests for comment on a wide range of 
issues, including some broad areas where we were interested only in 
gathering information for potential future rulemaking(s). This preamble 
does not include a discussion of those comment areas where we are not 
taking any action in this final rule. The ``Improvements for Heavy-Duty 
Engine and Vehicle Test Procedures, and other Technical Amendments 
Response to Comments'' document (``Response to Comments'') in the 
docket for this rulemaking includes a summary of the input received 
from commenters and EPA's responses.\3\
---------------------------------------------------------------------------

    \3\ EPA, ``Improvements for Heavy-Duty Engine and Vehicle Test 
Procedures, and other Technical Amendments Response to Comments,'' 
December 2020, Docket EPA-HQ-OAR-2019-0307, Publication Number: EPA-
420-R-20-026.
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    In addition, we have prepared a docket memo with redline text to 
highlight all the changes to the regulations in the proposed rule.\4\ 
This is especially helpful for reviewing provisions that we are 
removing from the Code of Federal Regulations. For obsolete provisions 
we are removing, see especially 40 CFR 1027.105, 1033.150, 1042.145, 
1045.145, 1048.145, 1051.145, 1054.145, and 1054.625. We prepared 
additional docket memos to show regulatory changes after the proposed 
rule.\5\
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    \4\ ``Redline Document Showing Proposed Changes to Regulatory 
Text in the Heavy-Duty Greenhouse Gas Amendments'', EPA memorandum 
from Alan Stout to Docket EPA-HQ-OAR-2019-0307, March 2020.
    \5\ ``Redline Version of EPA's Final Regulatory Amendments for 
Heavy-Duty Greenhouse Gas Standards and other Programs'', EPA 
memorandum from Alan Stout to Docket EPA-HQ-OAR-2019-0307, December 
9, 2020.
---------------------------------------------------------------------------

What are the incremental costs and benefits of this action?

    This action is limited in scope and does not include amendments 
that have significant economic or environmental impacts. EPA has 
therefore not estimated the potential costs or benefits of this final 
rule (and we did not for the proposal).

II. Heavy-Duty Highway Amendments

A. Test Procedures and Compliance Model Changes

    Since the promulgation of the Phase 2 regulations, manufacturers 
have been revising their internal test procedures to ensure they will 
be able to comply with the new requirements that begin in model year 
2021. In doing so, they have identified several areas in which the test 
procedure regulations could be improved (in terms of overall accuracy, 
repeatability and clarity) without changing the effective stringency of 
the standards.
    EPA is making numerous changes to the test procedure regulations to 
address manufacturers' concerns and other issues we have identified. 
These changes are described below. The list includes numerous editorial 
changes that simply correct typographical/formatting errors or revise 
the text to improve clarity. Although these amendments are being made 
primarily in the context of heavy-duty engines and vehicles, the 
amendments to part 1065 will also apply to nonroad engines, and the 
amendments to part 1066 will also apply to light-duty vehicles. Since 
these amendments are mostly editorial or adding flexibility, they will 
not adversely impact these other sectors.
1. 40 CFR Part 1036 Test Procedures
    EPA proposed several updates to the testing and measurement 
provisions of part 1036, subpart F, and appendices of part 1036 related 
to how to measure emissions from heavy-duty engines and requested 
comment on general improvements to the engine test procedures and 
compliance provisions (85 FR 28141). This section presents the changes 
we are adopting to engine test procedures after consideration of 
comments received. Additional details on some of these and other engine 
testing and measurement amendments or clarifications requested by

[[Page 34310]]

commenters and our responses are available in Chapter 2 of our Response 
to Comments. Amendments to other subparts of part 1036 (i.e., 
amendments not directly related to test procedures) are discussed in 
Section II.B.
    These updates are primarily for the purposes of adding flexibility 
and reducing variability in test results. Additional information that 
led to and supports these changes arose from a test program at 
Southwest Research Institute (SwRI) that was jointly funded by EPA and 
the Truck and Engine Manufacturers Association (EMA).\6\
---------------------------------------------------------------------------

    \6\ Sharp, Christopher A., et al., ``Measurement Variability 
Assessment of the GHG Phase 2 Fuel Mapping Procedure'', Final 
Report, Southwest Research Institute, December 2019.
---------------------------------------------------------------------------

    We are generally finalizing revisions as proposed; however, some 
revisions include further changes and clarifications after 
consideration of public comments to better ensure clarity, accuracy and 
consistency with the intent of the proposed rule.
    <bullet> Section 1036.501(g)--Providing a new paragraph (g) to 
specify duty cycles for testing model year (MY) 2016-2020 engines, 
including additional clarifications to the proposed amendment to refer 
to the steady-state duty cycle as the Supplemental Emission Test 
(``SET'') rather than the Ramped Modal Cycle (``RMC'') to avoid 
confusion as steady-state cycles are run as RMCs in many standard 
setting parts, and to change a reference for the Federal Test Procedure 
(``FTP'') duty cycle from appendix B of 40 CFR part 1036 to 40 CFR 
1036.510 because 40 CFR 1036.510 gives an overview of the duty cycle 
and provides the reference to appendix B of 40 CFR part 1036.
    <bullet> Section 1036.501(h)--Renumbering existing paragraph (g) 
concerning testing of MY 2021 and later engines as new paragraph (h), 
modifying paragraph (h)(1) to address restarting the engine during 
dynamometer testing for engines with stop-start technologies, and 
adding paragraph (h)(3) (shown as (h)(2) in the proposed rule) to 
cross-reference transient test cycle specifications, including 
additional clarifications in final paragraph (h)(2) to refer to the 
Supplemental Emission Test cycle to avoid confusion as steady-state 
cycles are run as RMCs in many standard setting parts and in paragraph 
(h)(2)(ii) that weighting factors for the Supplemental Emission Test 
are to be applied to CO2 to calculate the composite emission result.
    <bullet> Section 1036.503--Migrating Sec.  1036.510 to new Sec.  
1036.503, renumbering existing paragraph (d) as new paragraph (c), 
updating paragraphs (b) and (c)(1) through (3) and adding paragraphs 
(c)(4) and (5) and (d), including provisions to specify that the engine 
manufacturer must provide idle speed and torque to the vehicle 
manufacturer and to provide additional direction on handling data 
points for a low speed governor where the governor is active. We 
further modified proposed paragraph (b) to denote that there are four 
methods to generate fuel maps with the addition of the hybrid 
powertrain and hybrid engine testing procedures and to more clearly 
explain which method(s) apply to which application, paragraphs (b)(1) 
and (2) to add more specificity to which referenced paragraphs in Sec.  
1036.535 are applicable, paragraph (b)(3) to clarify that the option in 
Sec.  1037.520(d)(2) is only allowed for hybrid powertrain testing and 
not powertrain testing in general, and added paragraph (b)(4) to 
include a method to perform hybrid engine testing. We also further 
updated paragraph (c)(1) to clarify how to measure torque curve for 
engines that have a rechargeable energy storage system (RESS) and for 
those that don't.
    <bullet> Section 1036.505--Adding paragraph (b) to give direction 
on both engine and powertrain testing and modifying Table 1 to include 
vehicle speed and grade parameters to facilitate the hybrid powertrain 
testing option. We further modified the proposed language in this 
section by: Adding a new paragraph (b)(2)(v) to calculate curb mass for 
hybrid powertrain testing as this calculation is needed to determine 
the linear equivalent mass of rotational moment of inertias in 
clarified paragraph (b)(2)(vi), adding reference speed determination 
requirements for powertrain testing in paragraphs (c)(2)(i) and (ii) to 
address underspeed conditions in the hybrid powertrain SET testing, 
including a removal of default A, B, and C SET speeds and calculation 
of the A and B speeds based on C speed, modifying Table 1 further to 
include vehicle speed and grade parameters to facilitate the hybrid 
powertrain testing option so the road grade equation is now vehicle 
speed-dependent to address vehicle underspeed concerns corresponding to 
the determination and use of vehicle C speed, and replacing ramped 
modal cycle with supplemental emission test for the reason discussed in 
the first bullet of this subsection of the preamble.
    <bullet> Section 1036.510--Providing a new section regarding 
transient testing of engines and hybrids to facilitate hybrid 
certification for both GHG and criteria pollutants.
    <bullet> Section 1036.525(a)--Adding a clarification in the final 
rule that the hybrid engine testing procedure in this section applies 
only for model year 2014 to 2020 hybrid engines since the new hybrid 
powertrain and hybrid engine test procedure being adopted in this 
rulemaking will apply for model year 2021 and later engines.
    <bullet> Section 1036.525(d)(4)(i)--Editorial revisions to equation 
and the addition of example calculations.
    <bullet> Section 1036.527--Adding a section to provide a means to 
determine powertrain systems rated power and continuous rated power, to 
facilitate the hybrid and conventional powertrain testing options. This 
test procedure is applicable for powertrain testing defined in 40 CFR 
1037.550 for both the engine and vehicle standards. We further modified 
the proposed language, including modifying how the test is carried out 
by reducing the number of test intervals from 9 to 1, paragraph (e) to 
address the determination of Psys for speed and torque measurements at 
different locations, with new paragraphs (g) and (h) to provide an 
improved method for determining continuous rated power and vehicle C 
speed, and addressed typographical errors.
    <bullet> Section 1036.530(a), (b)(1)(i) and (ii), and (b)(2)(i) and 
(ii)--Updating carbon mass fraction determination to allow analysis by 
a single lab only to facilitate on-line analysis from pipeline supplied 
natural gas and adding the ASTM International method for determination 
of test fuel mass-specific energy content for natural gas. We have 
further modified the proposed language by clarifying in paragraph (a) 
that the infrequent regeneration adjustment factors (IRAF) are applied 
to CO2 emission results for all duty-cycles, not just cycle average 
engine fuel map results, and updating paragraph (b) to require test 
fuel mass-specific energy content and carbon mass fraction to be 
analyzed by at least three different labs and the median of all the 
results to be used in the calculation. We are also adding a 
recommendation that you screen your results to determine if additional 
observations are needed by performing an outlier test and provided 
critical values for this check. The critical values were determined as 
1.27 times the method reproducibility R. The R value used for fuel 
mass-specific energy content is 0.234 which is the published R value 
for ASTM D4809 and the R value used for carbon mass fraction is 1.23, 
which was based on analysis of the fuel survey data for ASTM D5291 that 
was used in the Fuel Mapping Variability Study at SwRI.
    <bullet> Section 1036.530 Table 1--Updating footnote format in 
table.

[[Page 34311]]

    <bullet> Section 1036.535--Generally updating to improve the engine 
fuel mapping test procedures based on the jointly funded EPA-EMA test 
program. The overall result of these updates is to reduce the 
variability of the emission test results to reduce lab-to-lab 
variability. We further modified the proposed language by adding 
paragraph (h) to describe how EPA will determine the official fuel 
consumption rate during a confirmatory test, based on carbon balance 
results, updating paragraph (b)(7)(iv) to require validation of test 
intervals that were complete prior to a lab equipment or engine 
malfunction, updating the variable description for w<INF>Cmeas</INF> in 
paragraph (b)(8) to make clear that you may not account for the 
contribution to [alpha], [beta], [gamma], and [delta] of diesel exhaust 
fluid or other non-fuel fluids injected into the exhaust, and 
clarifying regulatory text and correcting paragraph references.
    <bullet> Section 1036.540--Generally updating to improve the cycle-
average engine fuel mapping test procedure as a result of the jointly 
funded EPA-EMA test program at SwRI. The overall result of these 
updates is to reduce the variability of the emission test results to 
reduce lab-to-lab variability. We further modified the proposed 
language in a few ways by adding paragraph (b)(4) to address the 
ability of gaseous fueled engines with single point fuel injection to 
pass alternate cycle statistics to validate the transient duty cycle in 
40 CFR part 1037, appendix I, by adding paragraph (e)(2) to describe 
how EPA will determine the official fuel consumption rate during a 
confirmatory test, based on carbon balance results, by deleting the 
requirement for EPA to use an average of indirect measurement of fuel 
flow with dilute sampling and direct sampling for fuel mapping as EPA 
will now perform the carbon balance verification in 40 CFR 1065.543, 
and by generally adding some clarifying text.
    <bullet> Section 1036.543--Adding a section to address carbon 
balance error verification. This is a result of the jointly funded EPA-
EMA test program. The overall result of these updates is to reduce the 
variability of the emission test results to reduce lab-to-lab 
measurement variability.
    <bullet> Section 1036.801--Adding a definition for hybrid engine to 
correspond with the addition of the hybrid powertrain test procedures 
to part 1036. Modifying the definition from the proposed language to 
provide examples of hybrid engine architecture and hybrid energy 
storage systems.
    <bullet> Section 1036.801--Adding definitions for ``hybrid 
powertrain'' and ``mild hybrid'' in the final rule. These definitions 
are needed as a result of adding hybrid powertrain test procedures to 
part 1036, subpart F, including mild hybrid certification where engine 
testing can use a transmission model. The definitions make clear what 
hybrid architectures are covered by each of these terms.
    <bullet> Section 1036.801--Updating definition of ``steady-state'' 
to clarify that fuel map and idle tests are steady-state tests.
    <bullet> Section 1036.805(b)--Updating quantity and quantity 
descriptions, including some changes to those proposed to ensure 
consistency throughout the part.
    <bullet> Section 1036.805(c) and (d)--Updating table introductory 
sentence and column headings in the table to be consistent with format 
in other parts.
    <bullet> Section 1036.805(e)--Updating acronyms and abbreviations, 
including some changes to those proposed to ensure that the table 
contained all that were used throughout the part.
    <bullet> Section 1036.805(f)--Adding gravitational constant, 
including an updated value for the gravitational constant based on 
consideration of comments received on the proposal.
    <bullet> Part 1036, appendix A--Adding a new appendix A to provide 
a historic summary of previous emission standards which EPA originally 
adopted under 40 CFR part 85 or 86, that apply to compression-ignition 
engines produced before model year 2007 and to spark-ignition engines 
produced before model year 2008.
    <bullet> Part 1036, appendix B(a)--Adding a new paragraph (a) of 
appendix B to specify transient duty cycles for the engine and 
powertrain testing described in Sec.  1036.510.
    <bullet> Part 1036, appendix B(b)--Adding a new paragraph (b) of 
appendix B to migrate over the spark-ignition FTP duty cycle from part 
86, which includes no changes to the FTP duty-cycle weighting factors 
or the duty-cycle speed values from the current heavy duty diesel 
engine (HDDE) FTP duty cycle that applies to criteria pollutant 
regulation in paragraph (f)(1) of 40 CFR part 86, appendix I, a change 
to the negative torque values, and migration of the HDDE FTP drive 
schedule to paragraph (b) of 40 CFR part 1036, appendix B, to add 
vehicle speed and road grade to the duty-cycle to facilitate powertrain 
testing for compliance with the HD Phase 2 GHG standards. The change to 
negative torque values is the removal of and footnoting of the negative 
normalized vehicle torque values over the HDDE FTP duty-cycle. The 
footnote denotes that these torque points are controlled using closed 
throttle motoring, which would then match how negative torque values 
have been controlled in the HDDE FTP. This change also reflects the way 
that engine manufacturers are already controlling to negative torque 
from spark-ignition engines and harmonizes the methodology with the 
HDDE FTP, with no effect on stringency. The spark-ignition engine 
denormalization equation in 40 CFR 86.1333(a)(1)(ii) includes division 
by 100 which equates it to the denormalization equation in 40 CFR 
1065.610(c)(1) (Equation 1065.610-3), with no effect on stringency. We 
have further modified the proposed language in this section by updating 
the road-grade coefficients to reflect additional refinement of the 
road-grade development process that is described in Section II.A.7 of 
the preamble.
    <bullet> Part 1036, appendix B(c)--Adding a new paragraph (c) of 40 
CFR part 1036, appendix B, to migrate over the compression-ignition FTP 
duty cycle from part 86, which includes no changes to the HDDE FTP 
weighting factors or the duty-cycle torque values from the duty cycle 
that currently apply to criteria pollutant regulations in paragraph 
(f)(2) of 40 CFR part 86, appendix I, a change to the speed values that 
does not influence the ultimate denormalized speed, and migration of 
the HDDE FTP drive schedule to add vehicle speed and road grade to the 
duty-cycle to facilitate powertrain testing for compliance with the 
Phase 2 GHG standards. The change to speed values takes the normalized 
vehicle speeds over the HDDE FTP duty-cycle and multiplies them by 100/
112 to eliminate the need to divide by 112 in the diesel engine 
denormalization equation in 40 CFR 86.1333(a)(1)(i). This eliminates 
the need for use of a denormalization equation and allows commonization 
(between compression- and spark-ignition engines) of the use of the 
denormalization equation in 40 CFR 1065.610(c)(1) (Equation 1065.610-
3), with no effect on stringency. We have further modified the proposed 
language in this section by updating the road grade coefficients to 
reflect additional refinement of the road grade development process 
that is described in Section II.A.7 of the preamble.
2. 40 CFR Part 1037 Test Procedures
    EPA proposed several updates to the testing and measurement 
provisions of 1037 subpart F related to how to measure emissions from 
heavy-duty vehicles and determine certain GEM inputs and requested 
comment on general improvements to the vehicle test procedures and 
compliance provisions (see 85 FR 28142). This section presents

[[Page 34312]]

the changes we are adopting to vehicle test procedures after 
consideration of comments received. Chapter 2 of our Response to 
Comments includes additional details on some of these amendments, as 
well as other testing and measurement amendments or clarifications 
requested by commenters and our responses. Amendments for other 
subparts of part 1037 (i.e., amendments not directly related to test 
procedures) are discussed in Section II.C.15. We are generally 
finalizing revisions as proposed; however, some revisions include 
further changes and clarifications after consideration of public 
comments to better ensure clarity, accuracy and consistency with the 
intent of the proposed rule.
    <bullet> Section 1037.501(i)--Adding paragraph (i) to note that the 
declared GEM inputs for fuel maps and aerodynamic drag area typically 
includes compliance margins to account for testing variability; for 
other measured GEM inputs, the declared values are typically the 
measured values without adjustment.
    <bullet> Section 1037.510(a)(2)--Updating the powertrain testing 
procedure used to generate GEM inputs to reduce the variability of the 
emission test results and to improve lab-to-lab measurement variability 
consistent with the results from the jointly funded EPA-EMA test 
program at SwRI.
    <bullet> Section 1037.510 Table 1--Updating footnote format in 
table.
    <bullet> Section 1037.510(d)--Clarifying the reference to 
specifically refer to paragraphs ``(b) and (c)'' of Sec.  1066.425.
    <bullet> Section 1037.510(e)--Clarifying to specifically state that 
the use of cruise control is optional.
    <bullet> Section 1037.515 Table 2--Correcting a table entry to 
include the proper mathematical symbols in response to a comment by the 
California Air Resources Board (CARB).
    <bullet> Section 1037.515 Table 3--Updating footnote format in 
table.
    <bullet> Section 1037.520--Updating a reference to reflect the 
updated version of the GEM model released in conjunction with this 
rulemaking.
    <bullet> Section 1037.520(b)(3)(i)--Adding a reference to Sec.  
1037.525 to clarify how to determine a high-roof tractor's aerodynamic 
test results in response to a comment request from EMA.
    <bullet> Section 1037.520 Table 4--Correcting a typographical error 
in a tractor aerodynamic test result C<INF>d</INF>A value for Bin III 
low-roof cabs.
    <bullet> Section 1037.520 Table 5--Correcting a typographical error 
in a tractor input C<INF>d</INF>A value for Bin II High-Roof Sleeper 
Cabs.
    <bullet> Section 1037.520(c)--Adding a clarification to Sec.  
1037.520(c)(6) and updating the GEM user guide to clarify that a time- 
and load-weighted average be applied to calculate the rolling 
resistance of tires installed on liftable axles, given that tires on 
liftable axles are only in contact with the ground when the axle is in 
a deployed state in response to a comment from EMA.
    <bullet> Section 1037.520 Table 6--Updating footnote format in 
table.
    <bullet> Section 1037.520 Table 7--Clarifying that the nonwheel-
related weight reductions from alternative materials applied to 
tractors for non-suspension crossmembers is for a set of three.
    <bullet> Section 1037.520 Table 8--Adding two footnotes to address 
how weight reduction values apply and what values to use for medium 
heavy-duty vehicles (Medium HDV) with 6x4 or 6x2 axle configurations. 
Also see Section II.C.3.
    <bullet> Section 1037.520(f)--Updating a cross-reference.
    <bullet> Section 1037.520(g)--Adding and clarifying which vehicle 
characteristics need to be reported, including providing a better 
description in paragraph (g)(2)(iv) of the 6x4D drive axle 
configuration as well as qualifying conditions for use of this 
configuration. After considering comments received by Allison and Ford, 
we are further modifying this paragraph by noting in paragraph (g)(1), 
and similarly in Sec.  1037.231(b)(7), that available forward gear 
means the vehicle has the hardware and software to allow operation in 
those gears and providing in paragraph (g)(2)(i) that the 4x2 drive 
axle configuration is available to vehicles with two drive axles where 
one of them is disconnectable and designed to be connected only when 
used in off road or slippery road conditions and based on a qualifying 
condition.
    <bullet> Section 1037.520(h)--Adding provisions to determine 
appropriate vehicle idle speed based on vehicle service class and 
applicable engine standard, including in the final rule a clarification 
that the 750 rpm value applies to Light HDV and Medium HDV vocational 
vehicles and providing an idle speed value of 700 rpm for Medium HDV 
tractors, corresponding to the idle speed used to set the standards for 
those vehicles, in response to a comment from EMA. These final 
provisions incorporated in a new table format, with an updated footnote 
noting the appropriate adjustable idle speed to choose if an engine 
cannot operate at the idle speed specified in the table.
    <bullet> Section 1037.520(i)--Adding that a manufacturer can 
characterize a torque converter, in addition to an axle and 
transmission, which will improve the accuracy of GEM by replacing 
default GEM values with more representative values.
    <bullet> Section 1037.520(j)(2)--Removing a superfluous reference 
to tractors in paragraph (j)(2)(i); clarifying paragraph (j)(2)(iii) in 
response to a comment from EMA to indicate how to demonstrate the 
performance of high-efficiency air conditioning compressors.
    <bullet> Section 1037.520(j)(4) Table 9--Including additional 
combinations of idle reduction technologies and their corresponding GEM 
input values.
    <bullet> Section 1037.520(j)(5)--Correcting typographical error 
that transposed school and coach bus GEM inputs.
    <bullet> Section 1037.525--See Section II.A.6 for a description of 
comments and final revisions to this section.
    <bullet> Section 1037.528--Replacing the phrase ``primary 
procedures'' with ``reference method'' for tractors and ``alternate 
procedures'' with ``an alternate method'' for trailers to maintain 
consistency with terminology used throughout subpart F.
    <bullet> Section 1037.528(c)--Clarifying that the conditions listed 
in paragraph (c) apply to each run separately.
    <bullet> Section 1037.528(e)--Removing requirement that the 
anemometer be ``electro-mechanical'' to rely instead on the 
specifications outlined in the existing reference to SAE J1263.
    <bullet> Section 1037.528(g)(3)--Clarifying that the measured air 
direction correction is ``from all the high-speed segments.''
    <bullet> Section 1037.528(h)(3)(i)--Clarifying how to account for 
measurement noise near the 2 mile/hour boundary.
    <bullet> Section 1037.528(h)(6)--Adding a definition of 
DF<INF>TRR</INF> to the introduction of paragraph (h)(6) to clarify the 
required calculations; relocating the proposed direction to determine 
the difference in rolling resistance between 65 mph and 15 mph for each 
tire and to use good engineering judgment when measuring multiple 
results to paragraph (v) with the corresponding DF<INF>TRR</INF> 
equation.
    <bullet> Section 1037.528--Updating equation 11 and the 
corresponding example to include the appropriate variable to represent 
inflation pressure variable with a lowercase ``p''.
    <bullet> Section 1037.528--Updating equation 13 to include 
appropriate units for the ambient temperature variable.
    <bullet> Section 1037.528--Updating equation 14 to replace a ``+'' 
with a ``-'' to correct a typographical error.
    <bullet> Section 1037.528(h)(12)--Updating a variable name to 
provide consistency with updates made to Sec.  1037.525.

[[Page 34313]]

    <bullet> Section 1037.532--See Section II.A.6 for a description of 
comments and final revisions to this section.
    <bullet> Section 1037.534--Updating equation 6 and the 
corresponding example to include the appropriate variable to represent 
increments by italicizing the ``i''.
    <bullet> Section 1037.540--Updating equations 1, 2, and 3 to 
include the appropriate variable to represent increments by italicizing 
the ``i''.
    <bullet> Section 1037.540 Table 1--Updating footnote format in 
table; updating a parameter name.
    <bullet> Section 1037.540(e) and (f)--Removing incorrect cross-
reference to Sec.  1036.540(d)(5); adding reference to definition of 
standard payload.
    <bullet> Section 1037.550--Updating the powertrain testing 
procedure to reduce the variability of the emission test results and 
improve lab-to-lab variability consistent with the results from the 
jointly funded EPA-EMA test program at SwRI. We further modified this 
section to include an introduction paragraph and reorganized paragraphs 
with new paragraph headings to improve navigation. Additional 
modifications to this section in the final rule include clarifying in 
paragraph (a)(3) options available to create the models for powertrain 
testing, adding clarifications in several paragraphs to address where 
the torque and speed are measured based on powertrain setup, adding a 
new paragraph (f)(2) to address testing of hybrid engines using the 
transmission model in GEM, modifying paragraph (b) to give additional 
clarification on how to set the engine idle speed, adding a new 
paragraph (f)(2) for testing with torque measurement at the engine's 
crankshaft and how to calculate the transmission output rotational 
speed, updating paragraph (j)(2) to describe how to transition between 
duty cycles if the preceding cycle ends at 0 mi/hr, adding a new 
paragraph (j)(5) to describe how to warm up the powertrain, adding a 
new paragraph (o)(2) to describe how EPA will determine the official 
fuel consumption rate during a confirmatory test, based on carbon 
balance results, and updating paragraphs (o)(3) through (5) to better 
define when a vehicle is not moving, moving the text from paragraph (p) 
into paragraph (o)(1), moving the text of paragraph (q) to the general 
provisions as a new paragraph (a)(5). The final rule includes 
additional revisions regulatory text to provide greater clarity and 
more carefully describe the procedures.
    <bullet> Section 1037.551(b)--Updating a reference.
    <bullet> Section 1037.555--Updating equations 1 and 3 to include 
the appropriate variable to represent increments by italicizing the 
``i''; updating a parameter name in Table 1 for consistency in this 
part.
    <bullet> Section 1037.560--Clarifying that it is optional to drain 
gear oil after the break in period is complete, providing the option of 
an alternative temperature range to provide international harmonization 
of testing, editing the P<INF>loss</INF> (i.e., power loss) variable 
description to improve the readability, and adding paragraph (h) to 
describe how to derive axle power loss maps for untested configurations 
in a family. We further modified this section in the final rule by 
clarifying in paragraph (a) that for tandem axles that can be 
disconnected, testing both single-drive and tandem axle configurations 
includes 4x4 axles where one of the axles is disconnectable; adding a 
new paragraph (h)(4) and modifying (h)(5) to address comments regarding 
results when multiple gear ratios are tested and one of the points is 
above the linear regression line, which could cause the regression 
values to understate power loss, to clarify that you must add the 
difference between the datapoint and the regression line to the 
intercept values of the regression line to mitigate this effect; and 
updating the use of the term ``axle'' to ``axle assembly'' throughout 
the section to provide consistency.
    <bullet> Section 1037.565--Providing an option to map additional 
test points to provide international harmonization of testing, 
including edits to improve the readability of the P<INF>loss</INF> 
variable description, and adding paragraph (d)(4) and clarifying 
paragraphs (e)(6) and (7) regarding the gears the transmission is 
tested in. After considering comments from Allison, EMA, and Eaton 
Cummins Automated Transmission Technologies, we further modified this 
section by: Updating the torque transducer accuracy requirements in 
paragraph (c) to link it to the highest transmission input torque or 
respective output torque; adding additional detail in paragraph (d)(1) 
on the maximum transmission input shaft speed to test, specifically the 
maximum rated input shaft speed of the transmission or the maximum test 
speed of the highest speed engine paired with the transmission. and the 
minimum idle speed to test, specifically 600 r/min or the minimum idle 
speed of the engines paired with the transmission; modifying paragraph 
(d)(2) in response to comments regarding transmission torque setpoints 
to optionally allow, in higher gear ratios where output torque may 
exceed dynamometer torque limits, the use of good engineering judgment 
to measure loaded test points at input torque values lower than 
specified (in this case GEM may need to extrapolate values outside of 
the measured map, however extrapolation time may not exceed 10% for any 
given cycle and you must describe in the application for certification 
how you adjusted the torque setpoints); modifying paragraph (e)(9) to 
allow the use of the maximum loss value achieved from all the repeats 
of the test points to calculate transmission efficiency if you cannot 
meet the repeatability requirements; adding a new paragraph (e)(11) 
clarifying what needs to be calculated for each point in the test 
matrix; modifying paragraph (g) and moving part of existing paragraph 
(g) to a new paragraph (h) to avoid a potentially never-ending cycle of 
repeat testing if repeatability requirements are not achieved. If the 
repeatability requirement is not met after conducting three or more 
tests, the maximum loss value may be used to calculate transmission 
efficiency, or you can continue to test until you pass the 
repeatability requirement.
    <bullet> Section 1037.570--Adding new section to characterize 
torque converters to allow a manufacturer to determine their own torque 
converter capacity factor instead of using the default value provided 
in GEM. The option to use the default value remains. The final rule 
includes updated regulatory text to provide greater clarity and more 
carefully describe the procedures. Final revisions do not change the 
proposed procedure; instead, they include updates to revise the section 
heading, reorganize paragraphs, ensure consistent terminology, and 
clarify measurement points.
3. 40 CFR Part 1065 Test Procedures
    EPA proposed several updates to the testing and measurement 
provisions of 40 CFR part 1065 related to how to measure emissions from 
heavy-duty highway and nonroad engines and requested comment on general 
improvements to the engine test procedures and compliance provisions 
(see 85 FR 28142). This section presents the changes we are adopting 
primarily to reduce variability associated with engine test procedures 
after consideration of comments received. Chapter 2 of our Response to 
Comments includes additional details on some of these amendments, as 
well as other testing and measurement amendments or clarifications 
requested by commenters and our responses.

[[Page 34314]]

    The regulations in part 1065 rely heavily on acronyms and 
abbreviations (see 40 CFR 1065.1005 for a complete list). Acronyms used 
here are summarized in Table II-1:

  Table II-1--Summary of Acronyms Related to 40 CFR Part 1065 That Are
                     Referenced in These Amendments
------------------------------------------------------------------------
 
------------------------------------------------------------------------
ASTM.............................  American Society for Testing and
                                    Materials
CVS..............................  Constant-Volume Sampler
DEF..............................  Diesel Exhaust Fluid
ECM..............................  Electronic Control Module
NIST.............................  National Institute for Standards and
                                    Technology
NMC FID..........................  Nonmethane Cutter with a Flame
                                    Ionization Detector
NMHC.............................  Nonmethane Hydrocarbon
NMNEHC...........................  Nonmethane Nonethane Hydrocarbon
RMC..............................  Ramped Modal Cycle
THC FID..........................  Flame Ionization Detector for Total
                                    Hydrocarbons
------------------------------------------------------------------------

    We are generally finalizing revisions as proposed; however, some 
revisions include further changes and clarifications after 
consideration of public comments to better ensure clarity, accuracy and 
consistency with the intent of the proposed rule.
    <bullet> Section 1065.1(g)--Updating the test procedure Uniform 
Resource Locator (URL).
    <bullet> Section 1065.2(c)--Correcting a typographical error by 
replacing ``engines'' with ``engine''.
    <bullet> Section 1065.130(e)--Revising to denote that a carbon 
balance procedure should be performed to verify exhaust system 
integrity in place of a chemical balance procedure.
    <bullet> Section 1065.140(c)(6)(i)--Correcting a typographical 
error by replacing ``dew point'' with ``dewpoint''.
    <bullet> Section 1065.140(e)(2)--Clarifying how to determine the 
minimum dilution ratio for discrete mode testing.
    <bullet> Section 1065.145(e)(3)(i)--Removing the requirement to 
heat a sample pump if it is located upstream of a NO<INF>X</INF> 
converter or chiller and replacing it with a requirement to design the 
sample system to prevent aqueous condensation to better address 
concerns with the loss of NO<INF>2</INF> in the sampling system where 
methods other than heating the pump can be used to prevent 
condensation.
    <bullet> Section 1065.170--Updating to allow you to stop sampling 
during hybrid tests when the engine is off and allow exclusion of the 
sampling off portions of the test from the proportional sampling 
verification, and adding a provision for hybrid testing to allow 
supplemental dilution air to be added to the bag in the event that 
sampled volumes are too low for emission analysis.
    <bullet> Section 1065.205 introductory and Table 1--Revising and 
adding recommended performance specifications for fuel and DEF mass 
scales and flow meters to reduce fuel flow measurement error.
    <bullet> Section 1065.220(a) introductory and (a)(3)--Updating the 
application of fuel flow meters to more correctly reflect how and what 
they are used for in part 1065.
    <bullet> Section 1065.225(a) introductory and (a)(3)--Updating the 
application of intake flow meters to more correctly reflect how and 
what they are used for in part 1065.
    <bullet> Section 1065.247--Revising to add acronym for DEF 
throughout in place of ``diesel exhaust fluid'' and in paragraph (c)(2) 
account for any fluid that bypasses or returns from the dosing unit to 
the fluid storage tank.
    <bullet> Section 1065.260(e)--Adding the word ``some'' as a 
qualifier for gaseous fueled engines with respect to using the additive 
method for NMHC determination.
    <bullet> Section 1065.266(a) and (b)--Adding flexible fuel engines 
under the allowance to use Fourier transform infrared (FTIR) and 
updating the URL for EPA method 320.
    <bullet> Section 1065.275--Deleting the URL and replacing with a 
reference to Sec.  1065.266(b).
    <bullet> Section 1065.280(a)--Updating to reflect that there is no 
method in Sec.  1065.650 for determining oxygen balance and that you 
may develop a method using good engineering judgment.
    <bullet> Section 1065.303 Table 1--Updating the formatting and 
entries in the summary table to reflect revised requirements, including 
adding fuel mass scale and DEF mass scale to the linearity 
verifications in Sec.  1065.307, updating the verification in Sec.  
1065.341 to replace ``batch sampler'' with ``PFD'' as partial-flow 
dilution (PFD) is the preferred language, updating one footnote to 
include the PFD flow verification (propane check) as not being required 
for measurement systems that are verified by a carbon balance error 
verification as described in Sec.  1065.341(h) and adding two footnotes 
excluding linearity verification for DEF flow if the ECM is used and 
for intake air, dilution air, diluted exhaust, batch sampler, and raw 
exhaust flow rates flow if propane checks or carbon balance is 
performed. These are not new exemptions; they are simply relocated to 
the footnotes.
    <bullet> Section 1065.307(c)(13)--Adding a clarification that the 
calculation used for arithmetic mean determination in Sec.  1065.602 
uses a floating intercept.
    <bullet> Section 1065.307(d)(4)--Revising to include DEF mass flow 
rate and to correct or account for buoyancy effects and flow 
disturbances to improve the flow measurement.
    <bullet> Section 1065.307(d)(6)(i)--Revising to state that the span 
gas can only contain one single constituent in balance air (or 
N<INF>2</INF> if using a gas analyzer) as the reference signal for 
linearity determination.
    <bullet> Section 1065.307(d)(7)--Revising to state that the span 
gas can only contain one single constituent in balance air (or 
N<INF>2</INF> if using a gas analyzer) as the reference signal for 
linearity determination.
    <bullet> Section 1065.307(d)(9)--Expanding the paragraph to include 
fuel and DEF mass scales and requirements for performing the linearity 
verification on these scales.
    <bullet> Section 1065.307(e)(3)(i) and (ii)--Editing to clarify the 
intent of the requirements.
    <bullet> Section 1065.307(e)(3)(iii) through (xi)--Defining maximum 
flowrate for fuel and DEF mass scales and flow meters as well as 
maximum molar flowrate for intake air and exhaust flow meters and 
defining maximum for electrical power, current, and voltage 
measurement.
    <bullet> Section 1065.307(e)(5)--Providing additional information 
surrounding requirements for using a propane check or carbon balance 
verification in place of a flow meter linearity verification.
    <bullet> Section 1065.307(e)(7)(i)(F) and (G)--Adding transmission 
oil and axle gear oil to temperature measurements that require 
linearity verification.
    <bullet> Section 1065.307(f)--Adding new paragraph (f) to denote 
that table 1 follows.
    <bullet> Section 1065.307 Table 1--Adding DEF flow rate, fuel mass 
scale, and DEF mass scale to measurement systems and updating the 
footnote format.
    <bullet> Section 1065.307(g)--Adding a new paragraph (g) to denote 
that table 2 follows.
    <bullet> Section 1065.307 Table 2--Adding a new Table 2 to provided 
additional guidance on when optional verifications to the flow meter 
linearity verifications can be used.
    <bullet> Section 1065.309(d)(2)--Updating to allow the use of water 
vapor injection for humidification of gases. After considering comments 
from EMA and Auto Innovators, we further modified this section to make 
language consistent where water vapor injection was added as an 
alternative.
    <bullet> Section 1065.320(b)--Deleting existing paragraph (b) and 
marking it

[[Page 34315]]

``reserved'' as this is now adequately covered in Sec.  1065.307.
    <bullet> Section 1065.341--Revising section heading, adding 
introductory text, revising paragraph (a) to clarify which 
subparagraphs apply to CVS and which apply to PFD, relocating some of 
existing paragraph (a) to paragraph (f) and reordering existing 
paragraphs (b) through (f) as paragraphs (a) through (e).
    <bullet> Section 1065.341(g)--Revising to replace ``batch sampler'' 
with ``PFD'' throughout and editing to provide further clarification on 
the procedure.
    <bullet> Section 1065.341(h)--Adding a new paragraph to reference 
Table 2 of Sec.  1065.307 regarding when alternate verifications can be 
used.
    <bullet> Section 1065.342(d)(2)--Updating to allow the use of water 
vapor injection for humidification of gases. After considering comments 
by EMA and Auto Innovators, we further modified this section to make 
language consistent where water vapor injection was added as an 
alternative.
    <bullet> Section 1065.350(d)(2)--Updating to allow the use of water 
vapor injection for humidification of gases. After considering comments 
by EMA and Auto Innovators, we further modified this section to make 
language consistent where water vapor injection was added as an 
alternative.
    <bullet> Section 1065.355(d)(2)--Updating to allow the use of water 
vapor injection for humidification of gases. After considering comments 
by EMA and Auto Innovators, we further modified this section to make 
language consistent where water vapor injection was added as an 
alternative.
    <bullet> Section 1065.360(a)(4)--Adding a new option to determine 
methane and ethane THC FID response factors as a function of exhaust 
molar water content when measuring emissions from a gaseous fueled 
engine. This is to account for the effect water has on non-methane 
cutters. We received a comment regarding whether the new regulatory 
text for the allowance is optional. The intent is that if you decide to 
use the option to determine the methane and ethane THC FID response 
factors as a function of exhaust molar water content, you must generate 
and verify the humidity as described in Sec.  1065.365(d)(12). 
Paragraph (a)(4) has been modified to make this clear.
    <bullet> Section 1065.360(d)(12)--Adding a process to determine 
methane and ethane THC FID response factors as a function of exhaust 
molar water content when measuring emissions from a gaseous fueled 
engine. This is to account for the effect water has on non-methane 
cutters.
    <bullet> Section 1065.365(a)--Removing chemical symbol for methane 
in parenthetical.
    <bullet> Section 1065.365(d)--Adding a requirement to determine NMC 
FID methane penetration fraction and ethane response factor as a 
function of exhaust molar water content when measuring emissions from a 
gaseous fueled engine. This is to account for the effect water has on 
non-methane cutters.
    <bullet> Section 1065.365(d)(9)--Adding C<INF>2</INF>H<INF>6</INF> 
before ``response factor'' and ``penetration fraction'' to clarify, as 
intended, that these are the ethane response factor and ethane 
penetration fraction.
    <bullet> Section 1065.365(d)(10), (11), and (12)--Adding a process 
to determine NMC FID methane penetration fraction and ethane response 
factors as a function of exhaust molar water content when measuring 
emissions from a gaseous fueled engine. This is to account for the 
effect water has on non-methane cutters.
    <bullet> Section 1065.365(f)(9) and (14)--Adding 
C<INF>2</INF>H<INF>6</INF> before ``response factor'' and ``penetration 
fraction'' to clarify, as intended, that these are the ethane response 
factor and ethane penetration fraction. Adding CH<INF>4</INF> before 
``penetration fraction'' to clarify, as intended, that this is the 
methane penetration fraction.
    <bullet> Section 1065.370(e)(5)--Updating to allow the use of water 
vapor injection for humidification of gases. After considering comments 
by EMA and Auto Innovators, we further modified this section to make 
language consistent where water vapor injection was added as an 
alternative.
    <bullet> Section 1065.375(d)(2)--Updating to allow the use of water 
vapor injection for humidification of gases. After considering comments 
by EMA and Auto Innovators, we further modified this section to make 
language consistent where water vapor injection was added as an 
alternative.
    <bullet> Section 1065.410(c)--Replacing ``bad engine'' with 
``malfunctioning'' in relation to engine components after considering a 
comment by Auto Innovators.
    <bullet> Section 1065.410(d)--Updating to state that you may repair 
a test engine if the parts are unrelated to emissions without prior 
approval. If the part may affect emissions, prior approval is required.
    <bullet> Section 1065.510(a), (b)(5)(i), (c)(5), and (f)(4)(i)--
Moving provision for engine stabilization during mapping from Sec.  
1065.510(a) to Sec.  1065.510(b)(5)(i), which lays out the mapping 
procedure, adding allowance in Sec.  1065.510(f)(4)(i) to specify curb 
idle transmission torque (CITT) as a function of idle speed in cases 
where an engine has an adjustable warm idle or enhanced idle. We 
further modified this section in the final rule by adding a provision 
in Sec.  1065.510(c)(5) for hybrid powertrain testing to map negative 
torque required to motor the engine with the RESS fully charged.
    <bullet> Section 1065.512(b)(1) and (2)--Updating procedures on how 
to operate the engine and validate the duty-cycle when an engine 
utilizes enhanced-idle speed. This also addresses denormalization of 
the reference torque when enhanced-idle speed is active.
    <bullet> Section 1065.514(e)--Clarifying that a floating intercept 
as described in Sec.  1065.602 is used to calculate the regression 
statistics to harmonize with changes made to Sec.  1065.602 and further 
modifying paragraph (e)(3) in the final rule to change ``standard 
estimates of errors'' to ``standard error of the estimate'' for 
consistency with other parts.
    <bullet> Section 1065.514 Table 1--Updating a parameter name in the 
final rule for consistency with other parts.
    <bullet> Section 1065.530(a)(2)(iii)--Adding instructions on how to 
determine that the engine temperature has stabilized for air cooled 
engines.
    <bullet> Section 1065.530(g)(5)--Adding a new paragraph on carbon 
balance error verification if it is performed as part of the test 
sequence.
    <bullet> Section 1065.543--Adding a new section on carbon balance 
error verification procedure to further reduce measurement variability 
for the fuel mapping test procedure in part 1036. We have further 
modified this section in the final rule to make it optional to account 
for the flow of other non-fuel carbon-carrying fluids into the system 
as the overall contribution from any such fluids to the total carbon in 
the system is negligible.
    <bullet> Section 1065.545--Revising to clarify that a forcing the 
intercept through zero as described in Sec.  1065.602 is used to 
calculate the standard error of the estimate (SEE) to harmonize with 
changes to Sec.  1065.602.
    <bullet> Section 1065.602(b), (c), (d), (e), (f), (g), (h), (j), 
(k)--Updating to include the appropriate variable to represent 
increments by italicizing the ``i''.
    <bullet> Section 1065.602 Table 1--Updating footnote format in 
table.
    <bullet> Section 1065.602 Table 2--Correcting a typographical error 
where the N<INF>ref</INF>-1 value should be ``22'' but was mistakenly 
listed as ``20''.
    <bullet> Section 1065.602(h)--Defining the existing Equation 
1065.602-9 as a least squares regression slope calculation where the 
intercept floats, i.e., is not forced through zero, designating this

[[Page 34316]]

paragraph as (h)(1) and adding a new paragraph (h)(2) for Equation 
1065-602-10, a least squares regression slope calculation where the 
intercept is forced through zero.
    <bullet> Section 1065.602(i)--Editing to state that the intercept 
calculation Equation 1065.602-11 is for a floating intercept.
    <bullet> Section 1065.602(j)--Defining the existing Equation 
1065.602-12 (renumbered from 1065.602-11) as a SEE calculation where 
the intercept floats, i.e., is not forced through zero, designating 
this paragraph as (j)(1), adding a new paragraph (j)(2) for Equation 
1065.602-13, a SEE calculation where the intercept is forced through 
zero, and further modifying paragraph (j) in the final rule to change 
``Standard estimate of error'' to ``Standard error of the estimate'' 
for consistency with other parts.
    <bullet> Section 1065.610(a)(1)(iv)--Updating to include the 
appropriate variable to represent increments by italicizing the ``i''.
    <bullet> Section 1065.610(a)(2)--Clarifying that the alternate 
maximum test speed determined is for all duty-cycles.
    <bullet> Section 1065.610(d)(3)--Adding provision to use good 
engineering judgment to develop an alternate procedure for adjusting 
CITT as a function of speed.
    <bullet> Section 1065.640(a), (b)(3), and (d)(1)--Deleting a comma 
in paragraph (a), specifying that the least square regression 
calculation in paragraph (b)(3) is with a floating intercept, providing 
a conversion to kg/mol for M<INF>mix</INF> in the example problem for 
paragraph (d)(1), and correcting an error in the example problem in 
applying Equation 1065.640-10 where M<INF>mix</INF> was used with the 
wrong units.
    <bullet> Section 1065.640(d)(3)--Providing additional guidance on 
how to calculate SEE for C<INF>d</INF> to correspond with the changes 
made to Sec.  1065.602.
    <bullet> Section 1065.642(b)--Correcting a cross-reference.
    <bullet> Section 1065.642(c)(1)--Defining C<INF>f</INF>.
    <bullet> Section 1065.643--Adding a new section on carbon balance 
error verification calculations to support the new Sec.  1065.543.
    <bullet> Section 1065.650(b)(3)--Adding DEF to clarify what is 
needed for chemical balance calculations.
    <bullet> Section 1065.650(c)(1)--Relocating transformation time 
requirement from Sec.  1065.650(c)(2)(i) to Sec.  1065.650(c)(1).
    <bullet> Section 1065.650(c)(3)--Updating the equation to include 
the appropriate variable to represent increments by italicizing the 
``i''.
    <bullet> Section 1065.650(d)--Correcting cross-references.
    <bullet> Section 1065.650(d)(7)--Updating to include the 
appropriate variable to represent increments by italicizing the ``i''.
    <bullet> Section 1065.650(f)(2)--Adding DEF to clarify what is 
needed for chemical balance calculations.
    <bullet> Section 1065.650(g)--Updating the equations to include the 
appropriate variable to represent increments by italicizing the ``i'' 
and correcting variable name from e<INF>NOxcomposite</INF> to 
e<INF>NOxcomp</INF>.
    <bullet> Section 1065.655--Adding ``DEF'' to the section heading.
    <bullet> Section 1065.655(a) and (c) introductory text--After 
considering comments by EMA, we modified this section to clarify that 
the inclusion of diesel exhaust fluid in the chemical balance is 
optional.
    <bullet> Section 1065.655(c)(3)--Updating the x<INF>Ccombdry</INF> 
variable description to include injected fluid.
    <bullet> Section 1065.655(d)--After considering comments by EMA, we 
modified this section to clarify that the inclusion of diesel exhaust 
fluid in the wC determination is optional.
    <bullet> Section 1065.655(e)(1)(i)--Clarifying the determination of 
carbon and hydrogen mass fraction of fuel, specifically to S and N 
content.
    <bullet> Section 1065.655(e)(3)--Clarifying that nonconstant fuel 
mixtures also applies to flexible fueled engines.
    <bullet> Section 1065.655(e)(4)--Updating to include the 
appropriate variable to represent increments by italicizing the ``i''.
    <bullet> Section 1065.655(e)(5)--Adding new paragraph (e)(5) to 
denote that table 1 follows.
    <bullet> Section 1065.655 Table 1--Updating cross-reference.
    <bullet> Section 1065.655(f)(3)--Restricting the use of Equation 
1065.655-25 if the standard setting part requires carbon balance 
verification and including the appropriate variable to represent 
increments by italicizing the ``j''; adding in the final rule a 
description of the variable for carbon mass fraction, as it was 
missing.
    <bullet> Section 1065.655(g)(1)--Updating cross-reference.
    <bullet> Section 1065.659(c)(2) and (3)--Adding DEF to clarify what 
is needed for chemical balance chemical balance calculations.
    <bullet> Section 1065.660(a)(5) and (6)--Adding new paragraphs to 
those proposed codifying existing practice to calculate THC based on 
measurements made with FTIR for gaseous fueled engines. EPA intended in 
previous updates to part 1065 to allow the determination of NMNEHC and 
NMHC using FTIR from gaseous fueled engines, but the HD Phase 2 
rulemaking inadvertently omitted instructional text in paragraph (a) on 
calculating THC using the two FTIR additive methods.
    <bullet> Section 1065.660(b)(2) and (3)--Correcting typographical 
errors, including adding missing commas.
    <bullet> Section 1065.660(b)(4)--Correcting a typographical error 
for the chemical formula of acetaldehyde in a variable.
    <bullet> Section 1065.660(c)(2)--Including NMC FID as allowable 
option in NMNEHC calculation and further modifying Sec.  1065.660(c) in 
the final rule adding additional information on performing the NMNEHC 
calculation and to correct typos in variables.
    <bullet> Section 1065.660(d)--Adding missing parentheses.
    <bullet> Section 1065.665(a)--Deleting the variable and description 
for C# as it is not used in any calculation in this section.
    <bullet> Section 1065.667(d)--Adding DEF to clarify what is needed 
for chemical balance description.
    <bullet> Section 1065.675(d)--Editing variable descriptions to 
refer to a humidity generator rather than a bubbler (accommodates both 
a bubbler and humidity generator).
    <bullet> Section 1065.695(c)(8)(v)--Adding carbon balance 
verification.
    <bullet> Section 1065.701(b)--Updating name of California gasoline 
type.
    <bullet> Section 1065.701 Table 1--Updating footnote format in 
table.
    <bullet> Section 1065.703 Table 1--Updating to correct units for 
kinematic viscosity and updating footnote format in table.
    <bullet> Section 1065.705 Table 1--Updating to correct units for 
kinematic viscosity and updating footnote format in table.
    <bullet> Section 1065.710 Table 1--Editing format for consistency 
and updating footnote format in table.
    <bullet> Section 1065.710 Table 2--Editing format for consistency, 
adding allowance to use ASTM D1319 or D5769 for total aromatic content 
determination and ASTM D1319 or D6550 for olefin determination because 
the dye used in ASTM D1319 is becoming scarce and an alternate method 
is needed, and updating a footnote format in table.
    <bullet> Section 1065.715 Table 1--Updating footnote format in 
table.
    <bullet> Section 1065.720 Table 1--Updating footnote format in 
table and revising Table 1 after considering a comment by EMA to 
specify ASTM D6667 instead of ASTM D2784 as the reference procedure for 
measuring sulfur in liquefied petroleum gas. We requested comment on 
amending the

[[Page 34317]]

regulation to replace ASTM D2784, which has been withdrawn by ASTM 
without replacement, received comment from EMA and agree that ASTM 
D6667 is a suitable method. EPA is similarly changing other regulatory 
provisions to specify ASTM D6667 as the reference procedure for fuel 
manufacturers measuring sulfur in butane (see 40 CFR 1090.1350).
    <bullet> Section 1065.750 Table 1--Updating footnote format in 
table.
    <bullet> Section 1065.790(b)--Adding a NIST traceability 
requirement for calibration weights for dynamometer, fuel mass scale, 
and DEF mass scale.
    <bullet> Section 1065.905 Table 1--Updating footnote format in 
table.
    <bullet> Section 1065.910(a)(2)--Adding a revision in the final 
rule to change the requirement to use 300 series stainless steel tubing 
to connect the PEMS exhaust and/or intake air flow meters into a 
recommendation because there are other materials that are equally 
suitable for in-use testing other than stainless steel tubing.
    <bullet> Section 1065.915 Table 1--Updating footnote format in 
table.
    <bullet> Section 1065.1001--Adding a definition for enhanced-idle.
    <bullet> Section 1065.1001--Clarifying definition of test interval 
as duration of time over which the mass of emissions is determined.
    <bullet> Section 1065.1005(a)--Updating footnote format in table 
and parameter names for consistency with other parts.
    <bullet> Section 1065.1005(c), (d), and (e)--Updating to ensure 
column headings use terminology consistent with NIST SP-811.
    <bullet> Section 1065.1005(a) and (e)--Updating tables of symbols 
and subscripts to reflect revisions to part 1065.
    <bullet> Section 1065.1005(f)(2)--Adding molar mass of ethane and 
updating footnote format in table.
    <bullet> Section 1065.1005(g)--Updating acronyms and abbreviations 
for ASTM, e.g., and i.e.
    <bullet> Section 1065.1010(b)(23) and (43)--Incorporating by 
reference ASTM D6667 into the regulations instead of ASTM D2784, 
consistent with replacing ASTM D2784 with ASTM D6667 as the reference 
procedure for measuring sulfur in liquefied petroleum gas in Sec.  
1065.720, as explained above in this section. EPA is similarly 
specifying ASTM D6667 as the reference procedure for fuel manufacturers 
measuring sulfur in butane.
4. 40 CFR Part 1066 Test Procedures
    EPA proposed several updates to the testing and measurement 
provisions of 40 CFR part 1066 related to how to measure emissions from 
light- and heavy-duty vehicles and requested comment on general 
improvements to the vehicle test procedures and compliance provisions 
(see 85 FR 28144). This section presents the changes we are adopting to 
vehicle test procedures after consideration of comments received. 
Chapter 2 of our Response to Comments includes additional details on 
some of these amendments, as well as other testing and measurement 
amendments or clarifications requested by commenters and our responses.
    We are generally finalizing revisions as proposed; however, some 
revisions include further changes and clarifications after 
consideration of public comments to better ensure clarity, accuracy and 
consistency with the intent of the proposed rule.
    <bullet> Section 1066.1(g)--Updating the URL.
    <bullet> Section 1066.135(a)(1)--Revising to widen the range for 
verifications of a gas divider derived analyzer calibration curve to 10 
to 60% to ease lab burden with respect to the number of gas cylinders 
they must have on hand and revising to make the midspan check optional 
as the part 1066 requirement for yearly linearity verification of the 
gas divider has provided more certainty of the accuracy of the gas 
blending device.
    <bullet> Section 1066.210(d)(3)--Changing the value for 
acceleration of Earth's gravity from a calculation under 40 CFR 
1065.630 to a default value of 9.80665 m/s<SUP>2</SUP> because the 
track coastdown doesn't take place in the same location that the 
dynamometer resides. Therefore, best practice is to use a default value 
for gravity.
    <bullet> Section 1066.255(c)--Clarifying that the torque transducer 
zero and span are mathematically done prior to the start of the 
procedure.
    <bullet> Section 1066.260(c)(4)--Correcting an error in the example 
problem result.
    <bullet> Section 1066.265(d)(1)--Correcting example equation to 
replace a subtraction sign that was a typographical error with a 
multiplication sign.
    <bullet> Section 1066.270(c)(4)--Correcting units for force in mean 
force variable description and correcting example problem solution.
    <bullet> Section 1066.270(d)(2)--Adding corrections in the final 
rule of typographical errors on maximum allowable error where error 
tolerances were indicated as ``<plus-minus>'', but paragraph is clear 
that the allowable error is a maximum value as Equation 1066.270-2 
determines error as an absolute value. Therefore, the error values are 
positive and not a positive and negative range.
    <bullet> Section 1066.275--Extending the dynamometer readiness 
verification interval from within 1 day before testing to an optional 7 
days prior to testing if historic data from the test site supports an 
interval of more than 1 day. Adding corrections in the final rule of 
typographical errors in paragraphs (d)(1) and (2) on allowable error 
where error tolerances were indicated as ``<plus-minus>'', but 
paragraph is clear that the allowable error is a maximum value as 
Equation 1066.270-2 determines error as an absolute value. Therefore, 
the error values are positive and not a positive and negative range.
    <bullet> Section 1066.405--Updating heading to include 
``maintenance''.
    <bullet> Section 1066.405(a) through (c)--Designating existing text 
as paragraph (a), adding new paragraphs (b) and (c) to address test 
vehicle inspection, maintenance and repair, consistent with Sec.  
1065.410, and, after considering a comment by Auto Innovators, 
replacing ``bad engine'' with ``malfunctioning'' in relation to engine 
components in paragraph (b).
    <bullet> Section 1066.420 Table 1--Updating footnote format in 
table and, after considering comments from Auto Innovators and VW, 
clarifying that SC03 humidity tolerance is an ``average'' value 
consistent with 40 CFR 86.161-00(b)(1) and inadvertently not carried 
over in part 1066. All SC03 capable test cells have been designed to 
meet the humidity requirement in Sec.  86.161-00 which is on an average 
basis.
    <bullet> Section 1066.605--Correcting a typographical error in 
paragraph (c)(4) where NMHC should read NMHCE and editing Equation 
1066.605-10 adding italics for format consistency.
    <bullet> Section 1066.610--Editing Equation 1066.610-4 adding 
italics for format consistency.
    <bullet> Section 1066.710(c)--Clarifying to reflect how heating, 
ventilating, and air conditioning (HVAC) control systems operate in 
vehicles and how they should be operated for the test. Further 
modifying paragraph (c)(1)(i)(A) in the final rule to state that for 
automatic temperature control systems that allow the operator to select 
a specific temperature, set the air temperature at 72 [deg]F or higher, 
which the vehicle then maintains by providing air at that selected 
constant temperature. Further modifying paragraph (c)(2) in the final 
rule to state that for full automatic temperature control systems that 
allow the operator to select a specific temperature, set the air 
temperature at 72 [deg]F, which the vehicle then maintains by varying 
temperature, direction and

[[Page 34318]]

speed of air flow. Clarifying terminology is consistent with EPA 
compliance guidance CD-2020-04.
    <bullet> Section 1066.801 Figure 1--Updating to reflect that the 
initial vehicle soak, as outlined in the regulations, is a 6-hour 
minimum and not a range of 6 to 36 hours.
    <bullet> Section 1066.835(a)--Clarifying that the last drain and 
fill operation is after the most recent FTP or highway fuel economy 
test (HFET) measurement (with or without evaporative emission 
measurements).
    <bullet> Section 1066.835(f)(2)--Deleting the word 
``instantaneous'' to reflect that the SC03 temperature and humidity 
tolerances in paragraph (f)(1) are not all instantaneous in response to 
comments received from Auto Innovators and Volkswagen. This was an 
inadvertent error in part 1066.
    <bullet> Section 1066.930--Adding a period to the end of the 
sentence.
    <bullet> Section 1066.1005(a)--Updating a parameter name to be 
consistent with use in other parts.
    <bullet> Section 1066.1005(c) and (d)--Updating to ensure column 
headings use terminology consistent with NIST SP-811.
    <bullet> Section 1066.1005(f)--Updating footnote format in table.
5. Greenhouse Gas Emissions Model (GEM)
    EPA proposed several updates to the GEM model related to how to 
measure emissions from heavy-duty engines and requested comment on 
whether the differences in GEM would impact the effective stringency of 
the standards and, if so, whether either GEM or the regulations need to 
be revised to address the changes (see 85 FR 28145, May 12, 21020). 
This section presents the changes we are adopting to GEM after 
consideration of comments received. Additional details on these and 
other amendments or clarifications requested by commenters and our 
responses are available in Chapter 2 of our Response to Comments.
    GEM is a computer application that estimates the greenhouse gas 
(GHG) emissions and fuel efficiency performance of specific aspects of 
heavy-duty (HD) vehicles. GEM is used to determine compliance with the 
Phase 2 standards from several vehicle-specific inputs, such as engine 
fuel maps, aerodynamic drag coefficients, and vehicle weight rating. 
GEM simulates engine operation over two cruise cycles, one transient 
cycle, and for vocational vehicles, idle operation. These results are 
weighted by GEM to provide a composite GEM score that is compared to 
the standard.
    EPA proposed to update GEM, in a revised version 3.5 to replace the 
current version 3.0, and requested comment on whether the differences 
in GEM would impact the effective stringency of the standards and, if 
so, whether either GEM or the regulations need to be revised to address 
the changes. We received one comment on the proposal on this topic from 
the California Air Resources Board (CARB), stating the importance of 
GEM results being consistent with the current program standards to 
ensure stringency is maintained and recommending that EPA revise GEM to 
maintain this consistency.
    After considering the comment and further evaluating the 
performance of GEM 3.5 with the input files used to set the Phase 2 
vehicle standards, EPA is finalizing GEM version 3.5.1 applicable for 
MY 2021 vehicles that includes the changes proposed in version 3.5 as 
well as changes that correct three errors in the GEM 3.5 code. The 
following changes were proposed in version 3.5 and are finalized in 
version 3.5.1 to allow additional compliance flexibilities and improve 
the vehicle simulation:
    <bullet> Corrected how idle emission rates are used in the model.
    <bullet> Increased the allowable weight reduction range to 25,000 
pounds.
    <bullet> For powertrain input, added an input for powertrain rated 
power to scale default engine power.
    <bullet> Recalibrated driver over speed allowance on cruise cycles 
from 3 mph to 2.5 mph.
    <bullet> Revised engine cycle generation outputs with corrected 
engine cycle generation torque output from model based on simulated 
inertia and rate limited speed target.
    <bullet> Added scaling of powertrain simulation default engine and 
transmission maps based on new rated power input.
    <bullet> Changed interpolation of fuel map used in post processing 
to be consistent with one used in simulation.
    <bullet> Corrected accessory load value on powertrain test when 
coasting or decelerating.
    <bullet> Added torque converter k-factor input option.
    <bullet> Cycle average cycles: added flag for points that are to be 
considered ``idle.''
    <bullet> Improved handling of large input tables.
    <bullet> Allow hybrid engine input.
    The three additional changes in GEM 3.5.1 correct the following 
errors in GEM 3.5 code: (1) A typographical error, where GEM used a 
weighting factor of 0.25 instead of 0.23 for the Heavy Heavy-Duty (HHD) 
Multipurpose vehicle subcategory; (2) an idle map error when the cycle 
average fuel mapping procedure is used for all three drive cycles; and 
(3) a functional error that unnecessarily required transmission power 
loss data when using the option to enter a unique (instead of default) 
k-factor for the torque converter. The GEM version we are releasing 
with and incorporating by reference in this final rule is identified as 
``3.5.1.''
    EPA is also issuing a supplemental proposal published in the 
Proposed Rules section of this issue of the Federal Register, titled 
``Improvements for Heavy-Duty Engine and Vehicle Test Procedures,'' 
docket number EPA-HQ-OAR-2019-0307; FRL-10018-51-OAR. This supplemental 
proposal provides notice and opportunity for comment on a proposed 
further updated version of GEM for MY 2022 and later, proposes to allow 
use of the updated model for MY 2021 for demonstrating compliance with 
the Phase 2 standards, including obtaining a certificate of conformity 
and submitting end-of-year reports, and requests comment on whether 
this version of GEM should be required for MY2021 end-of-year reports. 
This proposed revised version in the supplemental proposal includes 
corrections, clarifications, additional flexibilities, and adjustment 
factors to the Greenhouse gas Emissions Model (GEM) compliance tool for 
heavy-duty vehicles after consideration of comments received on the 
proposed rule. The supplemental proposal proposes limiting the use of 
GEM 3.5.1 to MY 2021 vehicles only, except where this MY 2021 data can 
be used for carryover requests for certificates of conformity for MY 
2022 and future years for qualifying vehicles under Sec.  1036.235(d); 
however, manufacturers would still need to use GEM 3.8 for end-of-year 
reporting for MY 2022 and future years.
    EPA is finalizing GEM 3.5.1 after considering comments, further 
evaluating the performance of GEM 3.5.1 with the input files used to 
set the Phase 2 vehicle standards, considering the corrections and 
improvements made in GEM 3.5.1, and identifying potential additional 
corrections and improvements for GEM. Evaluation of GEM 3.5.1 indicated 
that there was some difference in output 96results for both tractor and 
vocational vehicles when compared to GEM 3.0. To assess the magnitude 
of any differences between using GEM 3.0 and GEM 3.5.1, we repeated the 
process used in 2016 to calculate the numerical level of the vehicle 
standards, replacing GEM 3.0 with GEM 3.5.1. On average, the 
differences in the resulting standards

[[Page 34319]]

from using GEM 3.5.1 instead of GEM 3.0 are decreases of 0.09 percent 
and 0.54 percent for the tractor and vocational vehicle standards, 
respectively. The tractor standards resulting from GEM 3.5.1 ranged 
from 0.29 percent below to 0.15 percent above the GEM 3.0 standards. 
The vocational vehicle standards resulting from GEM 3.5.1 ranged from 
0.32 percent above to 1.45 percent below the GEM 3.0 standards. A 
summary of the process taken to calculate the vehicle standards using 
GEM and a comparison of the results generated by GEM 3.0 and GEM 3.5.1 
are provided in a docket memo.\7\
---------------------------------------------------------------------------

    \7\ Sanchez, James, Memorandum to Docket EPA-HQ-OAR-2019-0307. 
Process of Using GEM to Set Vehicle Standards. December 4, 2020.
---------------------------------------------------------------------------

    We are finalizing GEM 3.5.1 without adopting adjustment factors in 
the related test procedures.\8\ In the same memo noted previously, we 
compare the GEM 3.8 results to those from GEM 3.0. In the supplemental 
proposal, EPA proposes GEM 3.8 and corresponding adjustment factors to 
adjust the results to more closely match the results produced by the 
original GEM 3.0 version and we intend to issue a final rule before the 
start of model year 2022. If finalized as proposed, we would limit the 
potential impact on effective stringency due to a change in GEM 
versions to model year 2021 only, which should have a minimal impact on 
the effective stringency and environmental benefits of the overall 
Phase 2 program.
---------------------------------------------------------------------------

    \8\ Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.5.1, 
December 2020. A working version of this software is also available 
for download at <a href="https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty">https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty</a>.
---------------------------------------------------------------------------

6. Aerodynamic Test Procedures
    EPA proposed several updates to the testing and modeling provisions 
of 1037 subpart F related to aerodynamic testing and requested comment 
on general improvements to the aerodynamic test procedures and 
compliance provisions (see 85 FR 28147). This section presents the 
changes we are adopting to aerodynamic test procedures after 
consideration of comments received. Additional details on these and 
other aerodynamic amendments or clarifications requested by commenters 
and our responses are available in Chapter 2 of our Response to 
Comments.
a. Aerodynamic Measurements for Tractors
    The aerodynamic drag of a vehicle is determined by the vehicle's 
coefficient of drag (C<INF>d</INF>), frontal area, air density and 
speed. The regulations in Sec.  1037.525 allow manufacturers to use a 
range of techniques, including wind tunnel testing, computational fluid 
dynamics, and constant speed tests. This broad approach is appropriate 
given that no single test procedure is superior in all aspects to other 
approaches. However, we also recognized the need for consistency and a 
level playing field in evaluating aerodynamic performance. To address 
the consistency and level playing field concerns, EPA adopted an 
approach that identified coastdown testing as the reference aerodynamic 
test method, and specified a procedure to align results from other 
aerodynamic test procedures with the reference method by applying a 
correction factor (F<INF>alt-aero</INF>) to results from alternative 
methods (Sec.  1037.525(b)). We are adding a sentence to the 
introductory text of Sec.  1037.525 to clarify that coastdown testing 
is the ``reference method for aerodynamic measurements''.
    In the proposed rule, we proposed to separate Sec.  1037.525(b)(1) 
into a paragraph (b)(1) defining F<INF>alt-aero</INF> and a new 
paragraph (b)(2) allowing manufacturers to assume F<INF>alt-aero</INF> 
is constant for a given alternate method. We are finalizing two 
separate paragraphs and the subsequent renumbering of the remaining 
paragraphs as proposed except as explained here. Our proposed update to 
the definition of F<INF>alt-aero</INF> in Equation 1037.525-1 and the 
related text in Sec.  1037.525(b)(1) inadvertently removed the 
definition of effective yaw, c<INF>eff</INF>, which is used throughout 
Sec.  1037.525 and incorrectly replaced the C<INF>d</INF>A variables 
measured at [psi]<INF>eff</INF> with wind-averaged C<INF>d</INF>A 
values, as noted in comment by EMA. We agree that Equation 1037.525-1 
should continue to be based on the definition from HD GHG Phase 2 final 
rule such that F<INF>alt-aero</INF> is a function of the coefficient of 
drag areas at the effective yaw angle. We are finalizing paragraph 
(b)(1) with the same Equation 1037.525-1 as the current requirement but 
with the updated variable names throughout Sec.  1037.525 (and where 
referenced in Sec.  1037.525(h)(12)(v)) to more clearly relate the drag 
areas to the defined effective yaw variable, as recommended by EMA.\9\ 
We are also adding a ``Where:'' statement to Equation 1037.525-1 to 
define the variables in that equation and are restoring the existing 
language we proposed to remove that defines the effective yaw angle to 
apply for Phase 1 and Phase 2 compliance.
---------------------------------------------------------------------------

    \9\ The variables 
C<INF>d</INF>A<INF>effective-yaw-coastdown</INF> and 
C<INF>d</INF>A<INF>effective-yaw-alt</INF> are now 
C<INF>d</INF>A<INF>coastdown</INF>(c<INF>eff</INF>) and 
C<INF>d</INF>A<INF>alt</INF>(c<INF>eff</INF>), respectively.
---------------------------------------------------------------------------

    We proposed and received no adverse comments on two additional 
changes in Sec.  1037.525(b). In paragraph (b)(3), we proposed and are 
finalizing removal of the sentence ``Where you have test results from 
multiple vehicles expected to have the same F<INF>alt-aero</INF>, you 
may either average the F<INF>alt-aero</INF> values or select any 
greater value.'' By removing this statement, we are allowing 
manufacturers the flexibility to propose a method for calculating their 
F<INF>alt-aero</INF> from multiple test vehicles that suits their 
unique compliance margin targets. In paragraph (b)(5), we proposed to 
add a statement that manufacturers may test earlier model years than 
the 2021, 2024, and 2027 model years specified and are finalizing 
additional clarifying text and a new example. We are finalizing two 
additional typographical edits correcting references to our renumbered 
paragraphs in the paragraph (b)(5). The reference to ``paragraph 
(b)(2)'' was corrected to paragraph (b)(3) and the reference to ``this 
paragraph (b)(4)'' was corrected to paragraph (b)(5). Finally, we are 
adding the phrase ``drag area from your alternate method'' to describe 
the previously undefined term, C<INF>d</INF>A<INF>alt</INF>.
    EPA proposed a change to Sec.  1037.525(b)(7), to clarify that the 
use of good engineering judgment with respect to the specified tractor-
trailer gap dimension ``applies for all testing, including confirmatory 
and SEA testing''. Both EMA and Volvo requested further clarification 
through use of an example. We are finalizing three clarifying changes 
to Sec.  1037.525(b)(7). First, we are adding a reference to the 
tractor-trailer gap specifications in Sec.  1037.501(g)(1)(ii), as 
requested. Second, we provide an example of good engineering judgment 
that could be applied to correct a difference between the specified and 
tested tractor-trailer gaps. Lastly, we clarify that the allowance 
applies ``for certification, confirmatory testing, SEA, and all other 
testing to demonstrate compliance with standards.''
    We also proposed a provision to our regulations at Sec.  
1037.525(b)(8) to encourage manufacturers to proactively coordinate 
with EPA to have compliance staff present when a manufacturer conducts 
its coastdown testing to establish F<INF>alt-aero</INF> values. Section 
208 of the Clean Air Act provides EPA broad oversight authority for 
manufacturer testing. Being present for the testing would give EPA 
greater confidence that the test was conducted properly, and thus, 
would make it less likely that EPA would need to conduct aerodynamic 
confirmatory testing on the

[[Page 34320]]

vehicle. Consistent with the intent of the proposed revision and EPA's 
authority under section 208, we are finalizing in Sec.  1037.525(b)(8) 
a provision that refers to the existing preliminary approval provisions 
of Sec.  1037.210 with the note that EPA may witness the testing. 
Section 1037.210 provides an established protocol for manufacturers to 
coordinate with EPA for testing.
    EMA's comment requested additional modifications to the yaw sweep 
correction provisions in Sec.  1037.525(c), suggesting that coastdown 
results do not need to be corrected to wind-averaged and that all of 
paragraph (c)(2) was ``unnecessary'' because another regulatory 
provision ``serves that function''. Their request appears to be a 
misunderstanding of the existing regulations. Wind-averaged drag area 
(C<INF>d</INF>A<INF>wa</INF>) is a required input for GEM in Phase 2. 
Paragraph (c)(1) specifies how to calculate C<INF>d</INF>A<INF>wa</INF> 
when using an alternate test method and paragraph (c)(2) specifies how 
to calculate it for coastdown testing. EPA may use coastdown for 
confirmatory testing and manufacturers may choose to use coastdown 
testing for all aerodynamic testing. Consequently, paragraph (c)(2) is 
needed to properly calculate the wind-averaged input required by GEM in 
these situations. To address any potential confusion on the necessity 
of both paragraphs under the current regulatory text, we are finalizing 
three updates to Sec.  1037.525(c) as follows:
    <bullet> Clarifying the use of the yaw correction provisions by 
revising paragraph (c) introductory text to add ``as specified in Sec.  
1037.520'' and to remove the phrase ``differences from coastdown 
testing'' that only applies to paragraph (c)(1).
    <bullet> Updating the text of paragraphs (c)(1) and (2) to more 
clearly communicate that they are two separate options that apply based 
on which testing method is chosen.
    <bullet> Adopting the updated drag area variable names from Sec.  
1037.525(b).
b. Aerodynamic Measurements for Vocational Vehicles
    We did not specifically propose changes to or request comment on 
our procedures for measuring aerodynamic performance of vocational 
vehicles in Sec.  1037.527. EMA commented that the existing provisions 
of Sec.  1037.527 to determine a DC<INF>d</INF>A value for vocational 
vehicles refer to the trailer provisions in Sec.  1037.526; however, 
Sec.  1037.526 does not specify how to choose an appropriate baseline 
for vocational vehicles. EMA requested that manufacturers should be 
able to ``choose an appropriate baseline vehicle for the technology and 
applications''. We are not taking any final action on this issue at 
this time. However, we are providing a summary of the current 
provisions and their original intent in this preamble to assist 
manufacturers.
    The current Sec.  1037.527(a) states that DC<INF>d</INF>A is 
determined for vocational vehicles as follows: ``Determine 
DC<INF>d</INF>A values by performing A to B testing as described for 
trailers in Sec.  1037.526, with any appropriate adjustments, 
consistent with good engineering judgment.'' The A to B testing 
provisions for trailers are specified in Sec.  1037.526(a), where 
paragraph (a)(1) describes the baseline trailer, paragraph (a)(2) 
describes the general intent of the A to B test, and paragraph (a)(3) 
describes how to calculate the DC<INF>d</INF>A from the test results.
    We acknowledge that the reference to a ``standard trailer'' in 
Sec.  1037.526(a)(1) may cause confusion to vocational vehicle 
manufacturers, since it would be a challenge to identify a single 
``standard'' vehicle to represent the range of vocational applications. 
However, the baseline trailer description in that paragraph equates to 
a trailer without aerodynamic components, which is the key aspect of 
that baseline description the regulatory cross-reference in Sec.  
1037.527(a) applies to vocational vehicles. The trailer provision of 
Sec.  1037.526(a)(2) states that the general intent of the A to B test 
is to ``demonstrate the reduction in aerodynamic drag associated with 
the improved design'', which can be directly applied to vocational 
vehicles. The general process of calculating DC<INF>d</INF>A in Sec.  
1037.526(a)(3) could be applied to vocational vehicles as well, but its 
reference to test trailer and baseline trailer may cause confusion for 
reasons similar to those discussed for Sec.  1037.526(a)(1).
    Similar to the trailer provision, a vocational vehicle's 
aerodynamic performance is based on a DC<INF>d</INF>A value relative to 
a baseline vehicle. Manufacturers wishing to perform aerodynamic 
testing on their vocational vehicles are encouraged to coordinate with 
their Designated Compliance Officer and use the existing provision in 
Sec.  1037.527, including its reference to the description of how to do 
so for the trailer-specific provision in Sec.  1037.526. As noted in 
Sec.  1037.527(a), we expect manufacturers to make ``appropriate 
adjustments'' when applying the cross-referenced provision to 
vocational vehicle testing consistent with good engineering judgment. 
When followed, this should result in a manufacturer choosing an 
appropriate baseline vehicle, similar to the clarification requested by 
the commenter. For example, a manufacturer may choose an aerodynamic 
test method, determine a baseline C<INF>d</INF>A value (in m\2\) using 
a vehicle that represents a production configuration without the 
aerodynamic improvement, then repeat the same aerodynamic method for a 
test vehicle that is a nearly equivalent configuration but includes the 
aerodynamic improvement of interest. In this case, the manufacturer 
would calculate DC<INF>d</INF>A by subtracting the measured drag area 
for the test vehicle from the drag area for the baseline vehicle. 
Calculating DC<INF>d</INF>A in this manner would generally be 
consistent with the intent that the test ``accurately demonstrate the 
reduction in aerodynamic drag associated with the improved design'' for 
the vocational vehicle since any improvement to aerodynamic performance 
would be attributable to the aerodynamic technology on the test 
vehicle.
c. Computational Fluid Dynamics Procedures
    We proposed one correction to our computational fluid dynamics 
(CFD) provisions of Sec.  1037.532 that replaced the incorrect ``or'' 
in paragraph (a)(1) with ``and'' to include yaw angles of +4.5[deg] and 
-4.5[deg]. EMA requested three additional modifications related to our 
CFD provisions. In Sec.  1037.532(a)(3), they requested that we clarify 
our specified Reynolds number of 5.1 million is based on the 102-inch 
trailer width as the characteristic length. We agree with this 
suggestion and updated the language in Sec.  1037.532(a)(3) for clarity 
that the Reynolds number is based on a 102-inch trailer width 
consistent with our specifications for a ``standard trailer'' in Sec.  
1037.501(g)(1)(i). EMA also suggested the phrase ``the General On-Road 
Simulation'' in Sec.  1037.532(a)(4) be replaced with ``an open-road 
simulation'' to avoid confusion with SAE International's revisions of 
SAE J2966 to incorporate the impact of traffic. We agree that open-road 
simulation is representative of our initial intent and are updating the 
regulatory text of Sec.  1037.532(a)(4). See Chapter 2 of our Response 
to Comments for additional details.
    EMA's third request was that we remove the requirement to set the 
``free stream turbulence intensity to 0.0 percent'' in Sec.  
1037.532(a)(5), and instead recommended we replace that requirement 
with a ``uniform inlet velocity profile.'' EPA is not taking any final 
action on revision to that paragraph at this time. Furthermore, EPA 
disagrees with the requested change to paragraph (a)(5). Turbulence 
intensity is a common parameter in CFD packages and, as described in 
Chapter

[[Page 34321]]

3.2.2.3 of the Final Regulatory Impact Analysis (Final RIA) for the HD 
Phase 2 Rule, we evaluated a range of turbulence intensities and 
intentionally specified a value of zero to ensure consistency, stating 
that ``Turbulence intensity must be 0.0 percent.'' \10\ Manufacturers 
who wish to use alternative parameters and criteria related to their 
CFD models, which includes seeking to substitute the specified 
turbulence intensity with a uniform inlet velocity profile, continue to 
have the option to seek to do so through requesting EPA approval under 
Sec.  1037.532(f).
---------------------------------------------------------------------------

    \10\ US EPA, US DOT/NHTSA. Greenhouse Gas Emissions and Fuel 
Efficiency Standards for Medium- and Heavy-Duty Engines and 
Vehicles--Phase 2: Regulatory Impact Analysis. EPA-420-R-16-900. 
August 2016. Page 3-41.
---------------------------------------------------------------------------

    CARB requested EPA add provisions that set a requirement for a 
maximum limit of computational elements to perform Computational Fluid 
Dynamics (CFD) simulation, define a specific transient averaging 
methodology, quantify the uncertainty in using CFD simulation, and 
assess CFD simulation credibility. We are not taking any final action 
on these requests, but may consider the changes suggested by the 
commenter in an appropriate future rulemaking with notice and comment. 
See our complete response in Chapter 2 of our Response to Comments.
7. Hybrid Powertrain Test Procedures
    As explained above in Sections II.A.1 and II.A.2, EPA proposed 
several updates to the hybrid powertrain test procedures that apply to 
engine and vehicle standards provisions in 40 CFR 1036.503, 1036.505, 
1036.510, and 1036.527, 40 CFR part 1036, appendix B, and 40 CFR 
1037.550 related to how to perform hybrid powertrain testing and 
requested comment on general improvements to the hybrid powertrain test 
procedure provisions (see 85 FR 28152). This section further explains, 
in addition to the specific descriptions in Sections II.A.1. and 
II.A.2. above, the changes we are adopting to hybrid powertrain test 
procedures after consideration of comments received. Additional details 
on these and other hybrid powertrain testing and measurement amendments 
or clarifications requested by commenters and our responses are 
available in Chapter 2 of our Response to Comments.
a. Hybrid Test Procedures for Engine Standards
    EPA worked with industry prior to proposal and also considered 
input provided during this rulemaking to develop a powertrain test 
procedure that includes the addition of a transmission model to GEM and 
options in GEM to test without the transmission present, using the 
model in its place to be used to certify a hybrid powertrain to the FTP 
and SET HD GHG Phase 2 greenhouse gas engine standards. The two primary 
goals of this development process were to make sure that the powertrain 
version of each test cycle was equivalent to the respective engine 
cycle in terms of positive power demand versus time and that the 
powertrain cycle had appropriate levels of negative power demand.
    Our current regulations do not have a certification procedure for 
powertrain certification of heavy-duty hybrid vehicles to any engine 
standards. The powertrain certification test for certification to both 
the FTP and SET is carried out by following 40 CFR 1037.550 as 
described in 40 CFR 1036.505 and 1036.510 and is applicable for 
powertrain systems located in the P0, P1, P2, and P3 positions.
    For this test procedure, EPA is finalizing addition of a vehicle 
speed and road grade profile to the existing FTP duty cycles for 
compression-ignition and spark-ignition engines in 40 CFR part 1036, 
appendix B, and to the SET duty cycle in 40 CFR 1036.505. EPA also is 
finalizing vehicle parameters to be used in place of those in 40 CFR 
1037.550; namely vehicle test mass, vehicle frontal area, vehicle drag 
area, coefficient of rolling resistance, drive axle ratio, tire radius, 
vehicle curb mass, and linear equivalent mass of rotational moment of 
inertias. Under the final test procedure, determination of system and 
continuous rated power along with the maximum vehicle speed (C speed) 
is also required using 40 CFR 1036.527. Under the final test procedure, 
the combination of the generic vehicle parameters, the engine duty-
cycle vehicle speed profile, and road grade profile fully defines the 
system load and this is designed to match up the powertrain load with 
the compression-ignition engine vFTP, spark ignition engine vFTP, and 
vSET load for an equally powered engine.
    The development of this test procedure was based on the process 
contained in Global Technical Regulation No. 4.<SUP>11 12</SUP> 
Generally speaking, the final test procedure is powertrain in the loop 
using a vehicle-based cycle (vehicle speed vs. time and grade vs. 
time). The final vehicle speed profiles were developed by following SAE 
2012-01-0878.\13\
---------------------------------------------------------------------------

    \11\ United Nations Economic Commission for Europe. Addendum 4: 
Global technical regulation No. 4. Test procedure for compression 
ignition (C.I.) engines and positive-ignition (P.I.) engines fueled 
with natural gas (NG) or liquefied petroleum gas (LPG) with regard 
to the emission of pollutants Amendment 3., March 12, 2015.
    \12\ Six, C., Siberholz, G., Fredriksson, J., Geringer, B., 
Hausberger, S. Development of an exhaust emission and CO2 
measurement test procedure for heavy-duty hybrids (HDH). October 27, 
2014. Available online at: <a href="https://wiki.unece.org/download/attachments/4064802/20141027_ACEA_Report.pdf?api=v2">https://wiki.unece.org/download/attachments/4064802/20141027_ACEA_Report.pdf?api=v2</a>.
    \13\ Andreae, M., Salemme, G., Kumar, M., and Sun, Z., 
``Emissions Certification Vehicle Cycles Based on Heavy Duty Engine 
Test Cycles,'' SAE Int. J. Commer. Veh. 5(1):299-309, 2012, <a href="https://doi.org/10.4271/2012-01-0878">https://doi.org/10.4271/2012-01-0878</a>.
---------------------------------------------------------------------------

    The engine operational profile for engines installed in vehicles 
depends on the entire vehicle setup, including the use of hybrid 
systems if applicable, thus the entire vehicle must be considered when 
certifying a powertrain. Given that heavy duty vehicles can vary quite 
a bit even though the powertrain configuration remains unchanged, 
testing of every conceivable configuration is not possible; therefore, 
a representative average vehicle, consisting of generic vehicle 
parameters, is used to provide a representative configuration for 
certification testing. Generic vehicle parameters were developed with 
the intent of maintaining the same system load for engines installed in 
conventional vehicles and hybrid systems with the same power rating to 
maintain comparability in terms of emissions.\14\
---------------------------------------------------------------------------

    \14\ Six, C., Siberholz, G., Fredriksson, J., Geringer, B., 
Hausberger, S. Development of an exhaust emission and CO2 
measurement test procedure for heavy-duty hybrids (HDH). October 27, 
2014. Available online at: <a href="https://wiki.unece.org/download/attachments/4064802/20141027_ACEA_Report.pdf?api=v2">https://wiki.unece.org/download/attachments/4064802/20141027_ACEA_Report.pdf?api=v2</a>.
---------------------------------------------------------------------------

    EPA is finalizing vehicle parameters for hybrid powertrain testing 
in place of those in 40 CFR 1037.550 to be used in the vehicle model in 
40 CFR 1037.550(f). These final parameters can be found in 40 CFR 
1036.505 (via reference from 40 CFR 1036.510 for FTP testing) and 
included vehicle test mass, M, vehicle frontal area, A<INF>front</INF>, 
vehicle drag area, C<INF>d</INF>A, coefficient of rolling resistance, 
C<INF>rr</INF>, drive axle ratio, k<INF>a</INF>, tire radius, r, 
transmission efficiency if the hybrid powertrain is being tested 
without the transmission, axle efficiency, Eff<INF>axle</INF>, vehicle 
curb mass, M<INF>curb</INF>, and linear equivalent mass of rotational 
moment of inertias, M<INF>rotating</INF>. The requirements for the 
determination of these parameters were taken from the Global Technical 
Regulation (GTR) No. 4 referenced above.
    Under the final test procedure, to align the system demands for 
conventional and hybrid engines, the generic vehicle parameters are 
defined as a function of the system's power

[[Page 34322]]

rating. 40 CFR 1036.527 provides the procedure for determining the peak 
rated power, P<INF>rated</INF>, and continuous rated power of the 
hybrid system, P<INF>contrated</INF>, that goes into the vehicle test 
mass determination. These revisions also provide a procedure for the 
determination of the maximum vehicle speed (C speed), vrefC. In 
general, the process for determining both P<INF>rated</INF> and 
P<INF>contrated</INF> is very similar to the GTR No. 4 hybrid system 
rated power determination procedure with a few exceptions. In the final 
40 CFR 1036.527 procedure, the default axle efficiency is 0.955 because 
that is the default value in GEM. The determination of continuous rated 
power in the final EPA process versus the system rated power in the GTR 
No. 4 process is to address the lack of a steady state vehicle test 
cycle in GTR No. 4. The full throttle test to determine system rated 
power in GTR No. 4 lasts 50 to 150 seconds and GTR No. 4 determines 
rated power as peak power during these tests. While this process is 
appropriate for the FTP, the SET is 2400 seconds long and the extended 
operation at some high speed and load points can lead to some hybrid 
systems not being able to sustain peak power over the course of the 
test due to thermal limitations on the motor generator (generally due 
to material limitations) and limitations on the battery storage 
capacity and available usable energy. Under these scenarios, the hybrid 
system will typically derate the motor generator to thermally protect 
it, resulting in a sustained peak power that is lower than that 
determined using the GTR No. 4 process.
    Under the final test procedure, the powertrain system rated power 
determination in 40 CFR 1036.527 includes the determination of both 
peak and continuous rated power. The peak rated power 
(P<INF>rated</INF>) is used in the transient FTP test procedure, while 
the continuous rated power (P<INF>contrated</INF>) is used in the 
steady-state SET test procedure. The vehicle C speed, v<INF>refC</INF>, 
is also determined as a result of this process. This is the maximum 
vehicle speed at which Psys equals Pcontrated.
    The final compression-ignition vFTP duty cycle vehicle speed 
profile was derived from the compression-ignition FTP vehicle duty-
cycle developed in SAE 2012-01-0878. In this work, a vehicle FTP cycle 
and a vehicle SET cycle were created based on the transient diesel 
engine FTP and engine SET duty cycles. The vehicle cycles are the same 
duration and have similar power requirements and performance when 
compared to the engine cycles. The alignment of the engine and vehicle 
cycles maintain a consistency within vehicle and engine emissions 
evaluations. The compression-ignition FTP vehicle speed profile is not 
applicable to the spark-ignition FTP vehicle speed profile due to 
differences in the engine duty-cycle lengths, speed profiles, and 
torque profiles. Thus, a separate vehicle speed profile had to be 
developed for the spark-ignition FTP duty cycle. Using the methodology 
in SAE 2012-01-0878, a vehicle speed profile was developed for the 
spark-ignition FTP duty cycle and a comparison between the two cycles 
can be found in Table II-2. The vehicle speed profiles can be found in 
Figure II-1 and Figure II-2.

    Table II-2--Comparison Between FTP Vehicle Duty-Cycle Metrics for
      Vehicles with Compression-Ignition and Spark-Ignition Engines
------------------------------------------------------------------------
                                      Compression-       Spark-ignition
          Cycle metric               ignition  FTP     FTP vehicle  duty
                                  vehicle  duty cycle        cycle
------------------------------------------------------------------------
Maximum acceleration (m/s2).....                 1.55               1.47
Maximum deceleration (m/s2).....                -2.26              -2.15
Average speed (mph).............                 20.1               19.2
Maximum speed (mph).............                 60.6               60.8
Stop duration (%)...............                  3.3                4.7
Distance (miles)................                  6.4                6.4
------------------------------------------------------------------------

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[[Page 34323]]

[GRAPHIC] [TIFF OMITTED] TR29JN21.003

    The road gradient profile is designed to further align the 
powertrain system load for engines installed in conventional vehicles 
and hybrid systems to eliminate the deviations in cumulative work done 
between the engine and powertrain test. The grade profiles were 
developed to align the power versus time and cycle work of the vehicle 
profiles (compression-ignition vFTP, spark-ignition vFTP, and vSET) to 
the compression-ignition and spark-ignition FTPs, and SET. The general 
process was based on the development of the grade profile for the World 
Harmonized Vehicle Cycle (WHVC).\15\ A reference normalized power curve 
was generated using denormalized torque and speed curves from 50 
different compression-ignition engines with multiple engine ratings for 
the compression-ignition FTP, and SET. The denormalized curves were 
normalized individually for each engine based on the engine's rated 
power. The normalized power curves were then averaged to define the 
final reference normalized power curve. Ten different spark-ignition 
engine torque curves were used for the spark-ignition FTP. The duty-
cycle velocity profile over time was then divided into multiple mini-
cycles. Within each mini-cycle, a constant grade was defined in such a 
way that the energy calculated from the normalized power curve was 
matched for a given engine power rating. Power ratings between 100 and 
500 kW were used to develop the compression-ignition vFTP, spark-
ignition vFTP, and vSET duty-cycles. The average slope was calculated 
from the road grade profiles generated for the power ratings between 
100 and 500 kW. The average fixed slope was calculated for every time 
step along the drive cycle, and a second order polynomial was chosen 
for the FTP duty-cycles to describe correlation between, and account 
for the differences in, the average fixed and individual slopes based 
on the rated power (Prated) of the powertrain. The equation and 
coefficient descriptions follow:
---------------------------------------------------------------------------

    \15\ Six, C., Siberholz, G., Fredriksson, J., Geringer, B., 
Hausberger, S. Development of an exhaust emission and CO2 
measurement test procedure for heavy-duty hybrids (HDH). October 27, 
2014. Available online at: <a href="https://wiki.unece.org/download/attachments/4064802/20141027_ACEA_Report.pdf?api=v2">https://wiki.unece.org/download/attachments/4064802/20141027_ACEA_Report.pdf?api=v2</a>.
[GRAPHIC] [TIFF OMITTED] TR29JN21.004

    Where a is error compensation in %/kW\2\, b is error compensation 
in %/kW, and c is the average fixed slope pattern. Negative road grade 
is included in the profile to ensured that a representative amount of 
recuperation energy is provided by the test cycle for hybrid 
applications. This enables accurate cycle power/work alignment for all 
vehicles with the FTP duty cycles for both compression-ignition and 
spark-ignition engines. Example vehicle road

[[Page 34324]]

grade profiles for a 350 kW compression-ignition and 400 kW spark-
ignition engine can be found in Figure II-3 and Figure II-4.
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TR29JN21.005


[[Page 34325]]


    During additional review of the development of the road grade 
profile for vSET included in the proposal, it became apparent that the 
powertrain might not be able to achieve the default vehicle C speed of 
75.0 mph. To provide a representative maximum vehicle speed and vehicle 
A and B speeds that are scaled to the C speed in the final test 
procedure, the determination of vehicle C speed was added as an 
additional revision to 40 CFR 1036.527. This maximum achievable vehicle 
speed is used as the vehicle C speed in Table 1 of Sec.  1036.505 and A 
and B speed are calculated as described in 40 CFR 1036.505. The final 
test procedure replaces the proposed maximum vehicle C speed and the 
default vehicle A and B speeds in the proposed additions to Table 1 of 
Sec.  1036.505 with these calculated speeds. Adding the allowance to 
scale the vSET test speeds based on the vehicle maximum achievable 
speed required an accounting of the effect of these lower speeds on the 
road grade determination. This resulted in an expansion of the proposed 
second order polynomial equation for the vFTP to include vehicle speed 
in the final test procedure. The expanded equation and coefficient 
descriptions follow:
[GRAPHIC] [TIFF OMITTED] TR29JN21.006

    Where a is error compensation in %/kW3, b is error compensation in 
%/kW2[middot]mi/hr, c is error compensation in %/kW2, d is error 
compensation in %/(mi/hr)2, e is error compensation in %/kW[middot]mi/
hr, f is error compensation in %/kW, g is error compensation in %/mi/
hr, and h is the average fixed slope pattern. Negative road grade is 
included in the profile to ensure that a representative amount of 
recuperation energy is provided by the test cycle for hybrid 
applications. This enables accurate cycle power/work alignment for all 
vehicles with the engine SET duty-cycle.
    The final test procedure also includes updates to the road grade 
coefficients for the compression-ignition and spark-ignition vFTP duty 
cycles from those proposed. EPA further reviewed the GTR No. 4 process 
and noted that the work in mini cycles number 4 and 6 was set to zero. 
This was a policy decision made during the GTR No. 4 process but is not 
appropriate for the generation of EPA's duty-cycles, which should 
include the actual work for these two mini cycles. While this 
improvement results in only a marginal difference from that proposed, 
it provides a more aligned comparison of work between the engine and 
vehicle duty-cycles. The result of this was included in the final test 
procedure in updated coefficients for the compression-ignition vFTP, 
spark-ignition vFTP, and vSET duty cycles (vSET improvements are in 
addition to the road grade coefficient updates already discussed). 
Figure II-5 and Figure II-6 show a comparison of the effect on work 
matching from changing the mini cycle work in mini cycles number 4 and 
6 from zero to the actual work for a 300 kW engine. Note, this final 
test procedure is limited to hybrid powertrains to avoid having two 
different testing pathways for non-hybrid engines for the same 
standards.

[[Page 34326]]

[GRAPHIC] [TIFF OMITTED] TR29JN21.007

BILLING CODE 6560-50-C
b. Hybrid Test Procedures for Vehicle Standards
i. Hybrid Fuel Maps
    We are finalizing an option, after consideration of comments 
received, to generate fuel maps for engine hybrids using the powertrain 
test procedure in 40 CFR 1037.550. This was done by updating the hybrid 
engine test procedures finalized in 40 CFR 1036.503, 1036.505, 
1036.527, and 1037.550 and include the addition of a transmission model 
to GEM and options in GEM to test without the transmission present, 
using the model in its place.
ii. Mild Hybrid Certification
    Under the Phase 2 regulations, manufacturers must conduct 
powertrain testing if they wish to take credit for hybrid systems, 
including mild hybrid systems. However, manufacturers have expressed 
concerns about the cost of powertrain testing and that the existing 
procedure may not measure improvements from certain mild hybrid 
systems. EPA requested comment on alternative means of evaluating mild 
hybrids noting that manufacturers have asked EPA to consider the 
following options:

[[Page 34327]]

    <bullet> Allow manufacturers to test a powertrain and apply 
analytically derived scaling factors to others (e.g., scale by fraction 
of battery capacity or motor capacity) under 40 CFR 1037.235(h).
    <bullet> Allow manufacturers to use international test procedures 
for battery capacity, motor power, and motor efficiency.
    <bullet> Provide smaller credit (potentially with a volume limit 
and/or only for limited time) in exchange for less testing (e.g., 
reduced benefit when using the simplified model spreadsheet that is 
available under docket no. EPA-HQ-OAR-2014-0827-2109).
    Commenters generally responded with support for EPA addressing mild 
hybrid certification but did not provide any concrete means to address 
concerns surrounding the cost of powertrain testing. In addition, 
commenters stated that the existing procedures in the proposal may not 
measure improvements from certain mild hybrid systems. This section 
presents the changes we are adopting to hybrid test procedures after 
consideration of comments received. Additional details on these and 
other hybrid test procedure amendments or clarifications requested by 
commenters and our responses are available in Chapter 2 of our Response 
to Comments.
    After further consideration, including the lack of additional input 
on these mild-hybrid certification options, we have concluded that the 
engine hybrid test procedure proposed in this rule, is the best pathway 
for these hybrids. This will allow a manufacturer to test a mild hybrid 
engine without having to certify the hybrid with a transmission under 
the powertrain testing option. Finalizing these changes allows the test 
results to better reflect the performance of mild hybrid's that are not 
integrated into the transmission, without requiring that the 
transmission be part of the certified configuration. Finalizing this 
procedure also allows the test results to be used for additional 
appropriate vehicles, since the test results will not be limited to the 
transmission that was included during the test, as is required for non-
hybrid powertrains utilizing 40 CFR 1037.550. This mild hybrid engine 
test procedure was finalize via additions to the hybrid powertrain test 
procedure revisions in 40 CFR 1036.503, 1036.505, 1036.510, 1036.527, 
and 1037.550 and includes the addition of a transmission model to GEM 
and options in GEM to test without the transmission present, using the 
model in its place.

B. Heavy-Duty Engine GHG Emission Standards and Flexibility

1. Revisions to Credit Provisions for Vocational Engine Emissions 
Standards
    EPA proposed several updates to the credit provisions related to 
credit provisions for vocational engines and requested comment on these 
credit provisions (see 85 FR 28145). This section presents the changes 
we are adopting to vocational engine credit provisions after 
consideration of comment received. Additional details on comment on 
these credit provisions and our response are available in Chapter 2.4 
of our Response to Comments.
    In developing the baseline emission rates for vocational engines in 
the final Phase 2 rulemaking, we considered MY 2016 FTP certification 
data for diesel engines, which showed an unexpected step-change 
improvement in engine fuel consumption and CO<INF>2</INF> emissions 
compared to data considered in the proposed rule. The proposed baseline 
emission rates came from the Phase 1 standards, which in turn were 
derived from our estimates of emission rates for 2010 engines. The 
underlying reasons for this shift in the 2016 Phase 2 final rule were 
mostly related to manufacturers optimizing their selective catalytic 
reduction (SCR) thermal management strategy over the FTP in ways that 
we (mistakenly) thought they already had in MY 2010 (i.e., the Phase 1 
baseline).
    As background, the FTP includes a cold-start, a hot-start and 
significant time spent at engine idle. During these portions of the 
FTP, the NO<INF>X</INF> SCR system can cool down and lose 
NO<INF>X</INF> reducing efficiency. To maintain SCR temperature, 
manufacturers initially used a simplistic strategy of burning extra 
fuel to heat the exhaust system. However, during the development of 
Phase 1, EPA believed manufacturers were using more sophisticated and 
efficient strategies to maintain SCR temperature. EPA's 
misunderstanding of the baseline technology for Phase 1 provided engine 
manufacturers the opportunity to generate windfall credits against the 
FTP standards.
    For the Phase 2 final rule, EPA revised the baseline emission rate 
for vocational engines to reflect the actual certified emission levels. 
The Phase 2 vocational engine final CO<INF>2</INF> baseline emissions 
are shown in the table below. More detailed analyses on these Phase 2 
baseline values of tractor and vocational vehicles can be found in 
Chapter 2.7.4 of the Phase 2 Final RIA.\16\
---------------------------------------------------------------------------

    \16\ U.S. EPA, U.S. DOT/NHTSA. Greenhouse Gas Emissions and Fuel 
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles 
-Phase 2: Regulatory Impact Analysis, August 2016, EPA-420-R-16-900. 
See p. 2-76.

 Table II-3--Phase 2 Vocational Engine CO2 and Fuel Consumption Baseline
                                Emissions
------------------------------------------------------------------------
                    Units                        HHD      MHD      LHD
------------------------------------------------------------------------
g/bhp-hr.....................................      525      558      576
gal/100 bhp-hr...............................   5.1572   5.4813   5.6582
------------------------------------------------------------------------

    EPA did not allow the carryover of Phase 1 vocational engine 
credits into the Phase 2 program, consistent with these adjustments to 
the baselines. Since this issue does not apply for RMC emissions, the 
restriction was applied only for engines certified exclusively to the 
FTP standards (rather than both FTP and RMC standards). We believed 
that allowing engine credits generated against the Phase 1 diesel FTP 
standards to be carried over into the Phase 2 program would have 
inappropriately diluted the Phase 2 engine program. However, this was 
in the context of unadjusted credits.
    After further consideration, we now believe that it would not 
dilute the program if the credits were appropriately adjusted to more 
accurately reflect improvement over the true baseline levels.
    Allowing the portion of the credits that represent actual emission 
improvements to be carried forward is consistent with our rationale 
from Phase 2. Thus, we are allowing in Sec.  1036.701(j), for the 
purpose of carrying Phase 1 credits into the Phase 2 program, and not 
compliance with Phase 1 standards, that manufacturers may recalculate 
the credits in their initial Phase 1 averaging, banking, and trading 
(ABT) vocational engine averaging set relative to the Phase 2 baseline 
engine values. The recalculated vocational engine credits for an ABT 
averaging set will be allowed into the Phase 2 engine program to the 
same extent as tractor engine credits. Cummins submitted a late comment 
(see Docket ID EPA-HQ-OAR-2019-0307-0066) requesting clarification of 
whether manufacturers would have the option of applying these 
vocational carryover provisions to one ABT averaging set but not 
another (i.e., that EPA would not require the recalculation of all 
averaging sets.) This final rule affirms that recalculation of 
vocational credits is to be applied to all engines within an individual 
ABT averaging set and that

[[Page 34328]]

other averaging sets, such as tractors, are not affected by these 
vocational carryover provisions. EMA commented that manufacturers 
should be able to opt in to recalculating credits on an engine family 
by engine family basis, as applying this adjustment to all engine 
families could affect existing Phase 1 compliance for engines above the 
Phase 2 baseline value. However, EPA is only allowing this 
recalculation for the purpose of determining the amount of credit that 
can be carried into the Phase 2 program, and adjusting the credits for 
all the engine families a manufacturer chose to include in their 
initial ABT averaging set for Phase 1 program properly accounts for the 
net credits that can be carried forward. In the ABT program, all engine 
families within an averaging set are used in the calculation of 
credits, and manufacturers cannot pick and choose which engine families 
are used in that calculation.
    As noted in the Phase 2 final rule, allowing additional flexibility 
for compliance with engine standards does not cause any increase in 
emissions because the manufacturers must still comply with the vehicle 
standards (See 81 FR 73499, October 25, 2016). However, this 
flexibility could allow some manufacturers to find a less expensive 
compliance path.
2. Special Flexibility for Vocational Engines and Credits
    EPA requested comment on several updates to the special flexibility 
provisions for vocational engines (see 85 FR 28145). This section 
presents the regulatory changes we are adopting after consideration of 
comments received. Additional details on comments received on these 
provisions and our responses are available in Chapter 2.4 of our 
Response to Comments.
    In the existing regulations at 40 CFR 1036.150(p), EPA provided 
special flexibility for engine manufacturers that certify all their 
model year 2020 engines within an averaging set to the model year 2021 
FTP and SET standards and requirements. Where 40 CFR 1036.150(p) 
applies, paragraph (p)(1) specifies that GHG emission credits that 
manufacturers generate with model year 2018 through 2024 engines may be 
used through model year 2030, instead of being limited to a five-year 
credit life as specified in 40 CFR 1036.740(d). Note that under the 
Phase 2 final rule this provision in effect only applies to 
manufacturers of tractor engines, as under 40 CFR 1036.701(j) EPA did 
not allow the carryover of Phase 1 vocational engine credits into the 
Phase 2 program (81 FR 73499, October 25, 2016). Where 40 CFR 
1036.150(p) applies, paragraph (p)(2) specifies that manufacturers are 
also allowed to certify model year 2024 through 2026 tractor engines to 
alternative standards that are slightly higher than the otherwise 
applicable standards. Note that in the table of alternative standards 
in the Phase 2 final rule EPA included values for medium and heavy 
heavy-duty vocational engines, but these values are identical to the 
Phase 2 standards and not slightly higher due to our concerns about 
windfall credits if carryover of Phase 1 credits were allowed.
    The applicability of 40 CFR 1036.150(p) is based on the choices 
manufacturers made when certifying their MY 2020 engines. Instead of 
certifying engines to the final year of the Phase 1 engine standards, 
manufacturers electing the alternative instead certified to the MY 2021 
Phase 2 engine standards. Because these engine manufacturers reduced 
emissions of engines that would otherwise have been subject to the more 
lenient MY 2020 Phase 1 engine standards, there can be a net benefit to 
the environment. These engines do not generate credits relative to the 
Phase 1 standards but instead generate credits relative to the pulled 
ahead MY 2021 Phase 2 engine standards. Because the vehicle standards 
themselves are unaffected, the alternative MY 2024-2026 engine 
standards will not dilute or diminish the overall GHG reductions or 
fuel savings of the program. Vehicle manufacturers using engines 
subject to the alternative MY 2024-2026 standards would need to adopt 
additional vehicle technology (i.e., technology beyond that projected 
to be needed to meet the engine standards) to meet the applicable 
vehicle GHG standards. The result is that the vehicles would still 
achieve the same GHG emissions in use.
    The proposed rule included an amendment to address the concern 
regarding Phase 1 windfall credits and requested comment on the 
possibility of a similar set of alternative standards for vocational 
engines. CARB and Volvo commented that they support these changes and 
flexibilities. Cummins commented opposing both the alternative MY 2024 
through 2026 vocational engine standards and extending the life of 
credits generated from early compliance with Phase 2 vocational 
standards. The American Council for an Energy-Efficient Economy 
commented opposing extending the life of vocational engine credits 
generated in Phase 1, stating that doing so does not result in emission 
reductions but would increase emissions and reduce the rule's overall 
stringency. Cummins also commented that manufacturers had already 
developed and certified MY 2020 products without consideration of these 
changes, and even if post hoc recertification was possible, allowing 
them now would potentially be an advantage or disadvantage to 
individual manufacturers.
    As discussed in section II.B.1, we are finalizing provisions on 
calculating credits relative to a baseline that addresses these 
windfall credit concerns, which also results in the extended credit 
life flexibility under 40 CFR 1036.150(p)(1) now being available to 
vocational vehicles that qualify under 40 CFR 1036.150(p). We are also 
finalizing a set of alternative standards for vocational engines, as 
shown in Table II-4.

        Table II-4--Alternative Standards for Vocational Engines
------------------------------------------------------------------------
                                                 Medium     Heavy  heavy-
                                               heavy-duty       duty
                 Model years                   vocational    vocational
                                                (g/hp-hr)     (g/hp-hr)
------------------------------------------------------------------------
2024-2026...................................          542           510
------------------------------------------------------------------------

    The Phase 2 standards are implemented in three MY steps: 2021, 
2024, and 2027. The largest step change in stringency occurs in MY 
2024, where approximately two-thirds of the total numeric reduction in 
the MY 2021 through MY 2027 standards is achieved, with the remaining 
one-third occurring in MY 2027. For the alternative tractor engine 
standards, EPA reversed the magnitude of the MY 2024 and MY 2027 step 
changes, where the MY 2024 alternative standard represents one-third of 
the total numeric reduction and is slightly higher than the Phase 2 
standard. The standards at the beginning (MY 2021) and ending (MY 2027) 
steps of the Phase 2 program remain the same in either case, and only 
the level of decrease in standard for MY 2024 changes with the 
alternative standards. EPA determined the alternative standards for 
vocational engines by adjusting the magnitude of the MY 2024 standard 
in the same manner as used to determine the alternative tractor engine 
standards in the Phase 2. The Phase 2 vocational engine standards 
decrease by 10 g/hp-hr between MY 2021 and MY 2027, with a 7 g/hp-hr 
step change in the MY 2024 standard (approximately two-thirds of the 
total numeric reduction) and a 3 g/hp-hr step change in MY 2027. For 
the alternative vocational engine standards in MY 2024-2026, we are 
adopting a 3 g/hp-hr reduction from the MY 2021 standard (from 545 to 
542 g/hp-hr for

[[Page 34329]]

medium heavy-duty (MHD) and 513 to 510 g/hp-hr for heavy heavy-duty) 
instead of 7 g/hp-hr. EPA believes that allowing these slightly higher 
(approximately 0.7 to 0.8% compared to the Phase 2 final rule) engine 
standards for vocational vehicles is justified, as the overall vehicle 
standards will still be met. Engine development and vehicle technology 
choices are pathways to meeting overall vehicle standards, as is the 
use of credits generated by early compliance. EPA's alternative engine 
standards provisions for vocational vehicles for MYs 2024-2026 allows 
manufacturers flexibility to choose the mix of engine and vehicle 
technologies that will comply with the standards. As noted in the Phase 
2 final rule and this rule's proposal, EPA views this type of 
alternative as being positive from the environmental and energy 
conservation perspectives, as vehicle-level emission standards remain 
the same, but manufacturers are provided with significant flexibility 
on engine emission standards and credit life provisions that may reduce 
their compliance costs.
    Regarding the adverse comments received, including whether or not 
manufacturers had the opportunity to consider these changes prior to MY 
2020, these changes correspond to the corrected approach to Phase 1 
credit calculations explained in Section II.B.1 above. At the time of 
the Phase 2 final rule, we believed that allowing Phase 1 vocational 
engine credits, without adjustment, to be carried over to the Phase 2 
program would result in ``windfall'' credits, or dilution of the 
benefits of the Phase 2 program, and we adopted restrictions to limit 
their use. However, after the Phase 2 final rule we recognized that an 
alternative to restricting Phase 1 vocational engine credits because of 
windfall concerns would be to adjust credits earned in Phase 1 
downward, relative to a baseline of the lower Phase 2 emissions 
standards, and in doing so, we would be extending to vocational engine 
manufactures the same flexibilities that were provided to tractor 
engine manufacturers. In this final rule we are allowing the vocational 
engine credits generated in Phase 1 to be adjusted downward and used in 
Phase 2 program through MY 2030, just as they were for tractors. In 
setting lower baseline emission values for Phase 1 vocational engine 
credits and providing the corresponding program flexibilities, EPA does 
not intend to advantage or disadvantage any manufacturer. Rather, we 
are removing restrictions that were applied only to vocational engines 
but no longer should be applied now that we are finalizing provisions 
that provide a proper accounting of the emission improvements realized 
by manufacturers who chose to certify their MY 2020 engines to the MY 
2021 Phase 2 standards, so vocational and tractor engines are treated 
the same. In addition, the revised MY 2024-2026 alternative standards 
for vocational engines, while slightly higher than those in the Phase 2 
final rule by 0.7 to 0.8%, do not reduce the overall stringency of the 
Phase 2 program, but instead reflect the alternative standards we would 
have adopted in the Phase 2 final rule alongside the similar tractor 
provisions, and for the same reasons we finalized those tractor 
provisions, had we considered adjusting baseline emission rates used 
for calculating Phase 1 credits. Manufacturers that qualify to use the 
alternative MYs 2024-2026 engine standards accelerated their compliance 
with the more stringent MY 2021 Phase 2 standards by one model year. As 
we explained in the Phase 2 final rule, because the vehicle standards 
themselves are unaffected, these alternative engine standards will not 
dilute or diminish the overall GHG reductions or fuel savings of the 
program. Vehicle manufacturers using engines subject to the alternative 
MYs 2024-2026 standards will need to adopt additional vehicle 
technology (i.e., technology beyond that projected to be needed to meet 
the engine standard) to meet the applicable vehicle GHG standards. The 
result is that the vehicles using engines that comply with the 
alternative standards will still achieve the same overall GHG emissions 
in use. EPA believes that these alternative standards are appropriate, 
and allowing alternative engine standards for vocational vehicles that 
qualify is justified, for these reasons, and that vocational engine 
manufacturers who met the Phase 2 engine standards one year in advance 
of the MY 2021 implementation date should have the same flexibility as 
tractors to earn and use those credits through MY 2030.
3. Confirmatory Testing of Engines and Measurement Variability
    EPA proposed updates to the procedure for confirmatory testing of 
the fuel mapping test procedure related to providing an interim 2% 
allowance during confirmatory testing of the fuel mapping test 
procedure finalized in the Phase 2 final rule and requested comment on 
``. . . whether it appropriately balances the impacts of testing 
variability for fuel maps'' (see 85 FR 28146, May 12, 2020). This 
section presents the changes we are adopting to the confirmatory 
testing portion of the fuel mapping test procedure after consideration 
of comments received. Additional details on these comments and our 
responses are available in Chapter 2 of our Response to Comments.
    During the Phase 2 rulemaking, manufacturers raised concern about 
measurement variability impacting the stringency of the engine GHG 
standards and fuel map requirements. As noted in the Phase 2 final 
rule, the final standards were developed to account for this. (81 FR 
73571, October 25, 2016). Manufacturers raised particular concern about 
variability of fuel map measurements because neither they nor EPA had 
sufficient experience measuring fuel maps (in a regulatory context) to 
fully understand the potential impacts of measurement variability. We 
estimated the fuel map uncertainty to be equivalent to the uncertainty 
associated with measuring CO<INF>2</INF> emissions and fuel consumption 
over the FTP and SET cycles, which we estimated to be about one 
percent. However, the Phase 2 final rule noted that we were 
incorporating test procedure improvements that would further reduce 
test result uncertainty. We also noted that ``[i]f we determine in the 
future . . . that the +1.0 percent we factored into our stringency 
analysis was inappropriately low or high, we will promulgate technical 
amendments to the regulations to address any inappropriate impact this 
+1.0 percent had on the stringency of the engine and vehicle 
standards.'' (81 FR 73571, October 25, 2016)
    In conjunction with this intention, EPA has worked with engine 
manufacturers to better understand the variability of measuring fuel 
maps using the test procedures and cycles specified by EPA in the Phase 
2 final rule. Through that work, we identified several sources of 
variability that can be reduced by making small changes to the test 
procedures. EPA is adopting these changes, as explained in Sections 
II.A.1 through II.A.3 of this final rule.
    SwRI performed emission measurements in multiple test cells and 
identified distributions of error for other test inputs such as 
measured fuel properties and calibration gas concentrations. SwRI then 
used a Monte Carlo simulation to estimate a distribution of errors in 
measured fuel maps.\17\ After reviewing the results, EPA had several 
significant observations which we discussed in the proposal for

[[Page 34330]]

this final rule and which EPA confirms in this final action:
---------------------------------------------------------------------------

    \17\ Sharp, Christopher A., et al., ``Measurement Variability 
Assessment of the GHG Phase 2 Fuel Mapping Procedure'', Southwest 
Research Institute, Final Report, December 2019.
---------------------------------------------------------------------------

    1. The variability of measuring CO<INF>2</INF> and fuel consumption 
during fuel mapping is greater than the one percent assumed in the 
Phase 2 final rule. Variability from vehicles without idle test cycles 
is <1.8% (1.68 to 1.8%), while variability from vehicles with idle test 
cycles is <2.8% (2.0 to 2.79%).
    2. The variability of measuring CO<INF>2</INF> and fuel consumption 
during the fuel mapping procedure is roughly the same as that of the 
FTP and SET cycles, 3.34% for the FTP and 1.99% for the SET.
    3. Measuring CO<INF>2</INF> and fuel consumption at idle is 
particularly challenging.
    4. The data obtained during the test program at SwRI did not 
include all the test procedure changes being adopted in 40 CFR parts 
1036 and 1037 that will further reduce fuel mapping test variability 
and therefore the variability is likely to be lower than reported by 
the SwRI.
    Manufacturers have indicated they are concerned about the 
possibility of EPA changing an official fuel map result as a 
consequence of EPA confirmatory testing where the measured maps were 
within an expected range of variability. In the context of the SwRI 
test program, EPA observed similarity between the range of variability 
of measuring fuel maps and the range of variability of measuring 
CO<INF>2</INF> and fuel consumption over the FTP and SET cycles 
(measurements for which EPA has already determined in both Phase 1 and 
Phase 2 that no such allowances are needed). These results indicate 
that there is no additional source of increased variability associated 
with the fuel mapping test procedure and suggest that manufacturers 
should be able to comply without any special provisions. Additionally, 
the data we have available indicates that the manufacturers may 
potentially over time be able to take advantage of the 2% allowance, 
resulting in a reduction in stringency of the standards. We anticipate 
that this would not happen over the next few model years, as 
manufacturers will need time to implement the revised test procedures 
adopted in this rule that will reduce the variability of the fuel map 
test procedure to levels at or below the variability of the FTP and SET 
test procedures.
    After considering the comments received, we are adopting the 
limited transitional approach aimed at addressing the manufacturers' 
variability concerns. As manufacturers implement this rule's revised 
test procedures to reduce variability, we will analyze and compare a 
manufacturer's declared and measured fuel maps to those that result 
from our confirmatory testing, with the goal of ensuring the long-term 
integrity of the Phase 2 program. We are codifying the interim 
provision for model years 2021 and later in 40 CFR 1036.150, under 
which EPA will not replace a manufacturer's fuel maps during 
confirmatory testing if the difference between the EPA-measured fuel 
maps and the manufacturer's declared maps is less than or equal to 2.0 
percent. We may revisit the interim 2% allowance in a future 
rulemaking.
    EPA also intends to further review data and developments in this 
area. We intend to review this provision as we learn more about the 
impact of measurement variability on measured and declared fuel maps 
submitted during the certification process for future model years 
(including the full impact of the test procedure improvements that are 
intended to reduce measurement variability), which may inform whether 
we determine additional action is warranted in the future with respect 
to fuel mapping variability. We also intend to enter into a round robin 
study of criteria and GHG pollutant engine testing variability with 
interested engine manufacturers, with the involvement of the Truck and 
Engine Manufacturer's Emission Measurement and Testing Committee. This 
data will add to the existing knowledge regarding the variability of 
the FTP, SET and fuel mapping test procedures and may help inform if 
future action is needed to further improve the test procedures.
    We are also finalizing an algorithm for comparing fuel maps. 
Because fuel maps are multi-point surfaces instead of single values, it 
would be a common occurrence that some of EPA's points would be higher 
than the manufacturer's while others would be lower. This algorithm was 
inadvertently proposed as an interim provision in 40 CFR 1036.150(q) 
along with the 2.0 percent variability allowance. The algorithm and 
fuel map comparison process during a confirmatory test is needed for 
confirmatory testing regardless of an allowance. Therefore, in this 
final rule the algorithm and all supporting text are located at 40 CFR 
1036.235(c)(5). The limited interim 2.0 percent variability allowance 
is located at 40 CFR 1036.150(q).
    EPA's measured fuel maps will be used with GEM according to 40 CFR 
1036.540 to generate emission duty cycles which simulate several 
different vehicle configurations, generating emission results for each 
of the vehicles for each of the duty cycles. Each individual duty cycle 
result will be weighted using the appropriate vehicle category 
weighting factors in Table 1 of 40 CFR 1037.510 to determine a 
composite CO<INF>2</INF> emission value for that vehicle configuration. 
Note that the equation is being finalized to use values before rounding 
as this is consistent with the provisions in 40 CFR 1065.20 to not 
round intermediate values. When the process is repeated for the 
manufacturer's fuel maps, the average percent difference between fuel 
maps will be calculated as:
[GRAPHIC] [TIFF OMITTED] TR29JN21.008

Where:

i = an indexing variable that represents one individual weighted 
duty cycle result for a vehicle configuration.
N = total number of vehicle configurations.
e<INF>CO2compEPA</INF>i = unrounded composite mass of CO<INF>2</INF> 
emissions in g/ton-mile for the EPA confirmatory test.
e<INF>CO2compManu</INF> = unrounded composite mass of CO<INF>2</INF> 
emissions in g/ton-mile for the manufacturer declared map.
4. Other Minor Heavy-Duty Engine Amendments
    EPA proposed three additional updates to the testing and 
measurement provisions of 40 CFR part 1036, related to measuring 
emissions from heavy-duty

[[Page 34331]]

engines and requested comment on general improvements to the engine 
test procedures and compliance provisions (see 85 FR 28147). This 
section presents these three additional changes we are adopting to 
engine test procedures. Additional details on these and other engine 
testing and measurement amendments or clarifications requested by 
commenters and our responses are available in Chapter 2 of the Response 
to Comments.
    <bullet> Correcting the assigned N2O deterioration factor in Sec.  
1036.150(g). In the Phase 2 proposed rule, EPA proposed to lower the 
N<INF>2</INF>O standard from 0.10 g/hp-hr to 0.05 g/hp-hr for model 
year 2021 and later diesel engines. In that context, we also proposed 
to lower the assigned deterioration factor (DF) from 0.020 g/hp-hr to 
0.010 g/hp-hr for model year 2021 and later diesel engines. EPA 
explained in the preamble to the Phase 2 final rule that we were not 
finalizing the change to the standard (81 FR 73530, October 25, 2016), 
but inadvertently finalized the proposed DF change in the regulations. 
We proposed in this rulemaking to correct this error, consistent with 
EPA's clear statement in the Phase 2 final rule that we were not 
finalizing the change to the standard. However, given that finalizing 
the assigned DF of 0.01 g/hp-hr for N<INF>2</INF>O in the regulations 
was an oversight on EPA's part in the Phase 2 final rule and that the 
Phase 2 final rule was inadvertently internally inconsistent, and after 
consideration of EMA's comment that manufacturers will not have time to 
correct or account for a change in the assigned DF in time for their MY 
2021 certifications, we are deferring changing the assigned DF to 0.02 
g/hp-hr until MY 2022 within the revisions finalized in this 
rulemaking.
    <bullet> Clarifying a reference to non-gasoline engine families in 
Sec.  1036.705(b)(5). The second sentence of Sec.  1036.705(b)(5) is 
intended to refer to non-gasoline engine families. However, the 
existing text is not clear. As written, it can be read to mean that 
gasoline engine families may not generate emission credits. EPA is 
adding ``non-gasoline'' to clarify the intended meaning.
    <bullet> Engine families. We are revising Sec.  1036.230 to allow 
engine families to be divided into subfamilies with respect to 
CO<INF>2</INF>. This allowance simplifies the certification process 
without changing the overall requirements.
    <bullet> Adding a summary of previously applicable emission 
standards as appendix A of part 1036. The new appendix is being 
provided for reference purposes only regarding previously applicable 
emission standards and will cover regulatory text being deleted from 40 
CFR part 86.
    Except as noted above, we received no adverse comments on these 
proposed amendments and are adopting them without modification.

C. Heavy-Duty Vehicle GHG Emission Standards and Flexibility

1. Aerodynamic Compliance Provisions
    In addition to the aerodynamic test procedure amendments described 
in Section II.A.6, we proposed several updates to Sec.  1037.150(s) as 
it relates to EPA's confirmatory testing of aerodynamic parameters and 
Sec.  1037.305 as it relates to our selective enforcement audit (SEA) 
procedures. We also requested comment on general improvements to the 
aerodynamic compliance provisions (see 85 FR 28147). This section 
presents the changes we are adopting to our confirmatory testing and 
SEA procedures after consideration of comments received. Additional 
details on these and other aerodynamic amendments or clarifications 
requested by commenters and our responses are available in Chapter 2 of 
our Response to Comments.
a. Confirmatory Testing for F<INF>alt-aero</INF>
    As described in 40 CFR 1037.235(c), EPA may perform confirmatory 
testing on a manufacturer's vehicles, including a vehicle tested to 
establish the F<INF>alt-aero</INF> value. The regulations also include 
an interim provision in Sec.  1037.150(s) that outlines how EPA may and 
when EPA will not replace a manufacturer's F<INF>alt-aero</INF> value 
based on confirmatory test results. This interim provision connects 
EPA's confirmatory testing to the audit procedures of Sec.  1037.305. 
In keeping with the principle that good engineering judgment \18\ would 
generally call for more data rather than selecting a single value, and 
after consideration of comment, EPA is finalizing our proposed 
provision to require EPA to perform a minimum of 100 valid runs before 
replacing a manufacturer's F<INF>alt-aero</INF> value in confirmatory 
testing with some additional clarifications in Sec.  1037.150(s).
---------------------------------------------------------------------------

    \18\ Good engineering judgment is defined in 40 CFR 1068.30 as 
judgments made consistent with generally accepted scientific and 
engineering principles and all available relevant information. See 
40 CFR 1068.5 for requirements regarding applying good engineering 
judgment.
---------------------------------------------------------------------------

    CARB commented in support of increasing the number of runs from SEA 
to 100 to limit false failures, but requested in comment to know the 
origin of the proposed minimum 100 valid runs for confirmatory testing. 
Our intent with the finalized requirement for 100 valid confirmatory 
runs is to maintain consistency with the existing regulatory language 
adopted in the Phase 2 final rulemaking for SEA testing. The existing 
Sec.  1037.305(a)(7)(iii) states: ``The vehicle passes if you perform 
100 coastdown runs and C<INF>d</INF>A<INF>wa-upper</INF> is greater 
than and C<INF>d</INF>A<INF>wa-lower</INF> is lower than the upper 
limit of the bin to which you certified the vehicle.'' Similarly, as 
noted below in Section II.C.1.b, we are also finalizing our 
corresponding proposed language in the audit procedures of Sec.  
1037.305(a)(5) clarifying that manufacturers must perform a minimum of 
24 runs to pass and a minimum of 100 runs to fail.
    EMA requested additional modifications to Sec.  1037.150(s) 
regarding EPA's approach to calculating a new F<INF>alt-aero</INF> 
value in confirmatory testing. EMA suggested that the regulation more 
explicitly connect to the SEA procedures for pass/fail criteria and the 
coastdown procedures for calculating F<INF>alt-aero</INF>. They also 
suggested we directly outline how EPA will replace a manufacturer's 
F<INF>alt-aero</INF>. EMA suggested that EPA calculate two 
F<INF>alt-aero</INF> values and apply the average of those values to 
replace a manufacturer's value. We agree with EMA's suggestions to 
clarify the connections to the SEA procedures of Sec.  1037.305 and the 
coastdown test procedures of Sec.  1037.528 and we updated Sec.  
1037.150(s) accordingly. While we generally agree that additional data 
is preferable, we are not committing to calculating multiple 
F<INF>alt-aero</INF> values, as requested by EMA, due to consideration 
of potential resource constraints; however, we have revised the 
regulatory language to allow for it. We also are not finalizing an 
approach to calculate the final F<INF>alt-aero</INF> when there are 
multiple values. Our revised Sec.  1037.150(s) states that EPA will 
``will generate a replacement value of F<INF>alt-aero</INF> based on at 
least one C<INF>d</INF>A value and corresponding effective yaw angle''.
    Additionally, as noted in the proposal regarding Sec.  1037.150(s), 
we recognize that test conditions for coastdown testing are an 
important consideration. For our confirmatory testing, EPA intends to 
minimize the differences between our test conditions and those of the 
manufacturer and we proposed a note in Sec.  1037.150(s) stating our 
intent to test at similar times of the year. EMA requested additional 
regulatory language regarding our intent to test at the same location 
as well as time of year. We are expanding our proposed note in Sec.  
1037.150(s) to include our intent to test at both the same time of year 
and the same location, subject to

[[Page 34332]]

certain considerations. More specifically, we emphasize that the note 
in Sec.  1037.150(s) is not a commitment by the agency due to the 
limited number of coastdown test facilities, the challenges of 
scheduling time for testing, and our prerogative to choose an 
alternative facility if we have concerns about the original test 
location. Our revised language in Sec.  1037.150(s) states that we 
intend to test ``at similar times of the year where possible and at the 
same location where possible and when appropriate.''
b. Selective Enforcement Audits for Tractors
    We proposed and received no adverse comments to three typographical 
edits to our aerodynamic testing audit procedures for tractors in Sec.  
1037.305. We are finalizing those three edits as proposed and 
additional editorial edits as follows:
    <bullet> Section 1037.305--Replaced reference to 40 CFR 1068.420 
with the range ``40 CFR 1068.415 through 1068.425'' as proposed.
    <bullet> Section 1037.305(a)--Rephrased ``whether or not a tractor 
fails to meet'' to the more concise ``whether a tractor meets''.
    <bullet> Section 1037.305(a)(2)--Corrected ``coastdown effective'' 
to ``coastdown effective yaw angle'' as proposed.
    <bullet> Section 1037.305(a)(7)--Added a missing ``m2'' following 
the bin value of 5.95 in the example as proposed. Editorial revisions 
to remove passive voice.
    In comment, EMA suggested additional revisions to Sec.  1037.305(a) 
allowing manufacturers to apply good engineering judgment in their 
selective enforcement audit (SEA) testing if a production vehicle could 
not be configured to meet the trailer height specified in Sec.  
1037.501(g)(1)(i). We accept that a future production vehicle may be 
designed such that it cannot be configured to match a trailer that 
meets our current definition of standard trailer. We are finalizing a 
broader revision to address all such scenarios where a production 
vehicle cannot be configured to match a trailer that meets our current 
definition of standard trailer, including but not limited to height, 
that will address EMA's specific concern with meeting the standard 
trailer's height requirements. We are adding language to clarify that a 
manufacturer may seek EPA approval to use an alternate or modified 
vehicle configuration, consistent with good engineering judgment, if 
EPA chooses to audit a production vehicle configuration that cannot 
meet any of the standard trailer requirements specified in Sec.  
1037.501(g)(1).
    As noted in Section II.C.1.a, we proposed and are finalizing a 
provision in Sec.  1037.150(s) to require EPA to perform a minimum of 
100 valid runs before replacing a manufacturer's F<INF>alt-aero</INF> 
value in confirmatory testing. Similarly, we are finalizing our 
corresponding proposed language in the audit procedures of Sec.  
1037.305(a)(5) clarifying that manufacturers must perform a minimum of 
24 runs to pass and a minimum of 100 runs to fail. Finally, we received 
no adverse comments and are finalizing the proposed regulatory language 
in Sec.  1037.305(a)(7)(v) allowing manufacturers to continue testing 
and to generate additional data that EPA may consider in our pass/fail 
determinations.
2. Idle Reduction Technologies
    EPA proposed several provisions related to idle reduction 
technologies. This section presents the changes we are adopting after 
consideration of the comments received. See Chapter 2 of our Response 
to Comments for further details, including additional idle reduction 
amendments or clarifications requested by commenters and our responses.
a. Extended-Idle Reduction for Tractors
    The Phase 1 version of GEM gives credit for extended idle emission 
reduction technologies that include a tamper-proof automatic engine 
shutoff system (AESS), with few override provisions. Phase 2 GEM gives 
credit for a wider variety of idle reduction strategies, recognizing 
technologies that are available on the market today, such as auxiliary 
power units (APUs), diesel fired heaters, and battery powered units. 
For example, a tamper-proof AESS with a diesel APU would be credited 
with a 4 percent reduction in emissions, while an adjustable AESS with 
a diesel fired heater would be credited with a 2 percent reduction in 
emissions (81 FR 73601, October 25, 2016).
    Our proposal to revise Sec.  1037.520(j)(4) to include GEM input 
values for combinations of these technologies received support from 
CARB, EMA, and Volvo and we are finalizing our proposed combinations of 
idle reduction technologies as shown in Table II-5. Adding these values 
to GEM reduces the compliance burden for manufacturers who would 
otherwise need to apply for off-cycle credits for these technology 
combinations. The values of these technology benefits were determined 
using the same methodology used in the Phase 2 final rule.

              Table II-5--GEM Input Values for AES Systems
------------------------------------------------------------------------
                                                     GEM input values
                                                ------------------------
                   Technology                                   Tamper-
                                                  Adjustable   resistant
------------------------------------------------------------------------
Standard AES system............................            1           4
With diesel APU................................            3           4
With battery APU...............................            5           6
With automatic stop-start......................            3           3
With fuel-operated heater (FOH)................            2           3
With diesel APU and FOH........................            4           5
With battery APU and FOH.......................            5           6
With stop-start and FOH........................            4           5
------------------------------------------------------------------------

b. Idle Reduction Overrides
    In 40 CFR 1037.660, we identify three idle reduction technologies 
(i.e., automatic engine shutdown, neutral idle, and stop-start) and 
specify how these systems must operate to qualify for GEM credit. 
Included among those provisions are allowances for overriding these 
systems where it may damage the engine or create a safety issue for the 
vehicle occupants or service personnel. This section highlights the 
some of the idle reduction override provisions we are adopting, either 
as proposed or further revisions after consideration of comments 
received.
i. Automatic Engine Shutdown (AES) Overrides
    While we did not specifically propose or request comment on AES 
overrides, New Flyer (a bus manufacturer) commented that the override 
condition for AES systems during servicing in Sec.  1037.660(b)(1)(ii) 
(cross-referenced under the existing regulations for vocational 
vehicles in Sec.  1037.660(b)(2)(i)) could pose a safety risk to 
maintenance personnel. They stated that maintenance personnel may not 
have a diagnostic scan tool required to deactivate the system and some 
maintenance may require longer than the current 60-minute limit before 
reactivation. New Flyer suggested an ``open engine compartment'' would 
be a more appropriate override condition.
    After consideration of New Flyer's safety concern for vocational 
vehicles, we are revising Sec.  1037.660(b)(2) to allow a vocational 
vehicle's AES system to delay shutdown if necessary while servicing the 
vehicle without the scan tool requirement and time limit. Our final 
revision removes the cross-reference in Sec.  1037.660(b)(2)(i) to that 
particular provision in Sec.  1037.660(b)(1) and replaces it with a new 
provision in Sec.  1037.660(b)(2)(ii). Our new provision allows a delay 
in shutdown for vocational vehicles if the engine compartment is open 
and replaces the

[[Page 34333]]

regulatory text regarding unsafe cab temperatures in the current Sec.  
1037.660(b)(2)(ii), which is redundant with the existing cross-
reference to paragraph (b)(1) in paragraph (b)(2)(i). For vocational 
vehicles, we believe an open engine compartment sufficiently indicates 
that a vocational vehicle is being serviced and automatic engine 
shutdown would provide limited environmental benefit. We are not taking 
final action to revise the tractor-specific provision of Sec.  
1037.660(b)(1)(ii) to allow an open engine compartment as a condition 
for AES override, since the environmental benefits of AES on tractors 
occurs when these vehicles are parked for extended durations where an 
open engine compartment may not be a sufficient deterrent for the 
operator to circumvent the AES.\19\
---------------------------------------------------------------------------

    \19\ Tractor manufacturers have the option to request and we may 
approve additional override criteria as needed to protect the engine 
and vehicle from damage and to ensure safe vehicle operation, as 
stated in Sec.  1037.660(b).
---------------------------------------------------------------------------

    We are finalizing editorial revisions to Sec.  1037.660(b) so the 
paragraphs consistently begin with ``When''. Additionally, we reordered 
the paragraphs of Sec.  1037.660(b)(1) to move the servicing provision 
previously located at paragraph (b)(1)(ii) to paragraph (b)(1)(vi) such 
that the vocational vehicle AES provisions can continue to reference 
the range of relevant (b)(1) paragraphs in paragraph (b)(2)(i).
ii. Neutral Idle Overrides
    EPA proposed and is finalizing a provision in Sec.  
1037.660(b)(3)(ii) that would allow the neutral idle system to delay 
shifting the transmission into neutral if the transmission is in 
reverse gear (85 FR 28271, May 12, 2020). New Flyer requested an 
additional override when the vehicles is on a road grade of 6.0 percent 
or more to prevent the safety concern of vehicle rollback. EPA agrees 
with this safety concern and is finalizing a provision in Sec.  
1037.660(b)(3)(iii) to allow a delay in neutral idle when the vehicle 
is on a grade greater than or equal to 6.0 percent. EMA requested 
additional overrides for ``safety; thermal protection of the emissions 
aftertreatment; and maintenance of aftertreatment temperature within a 
range for adequate emissions control''. EPA is not adopting EMA's 
suggested override conditions as we do not think that they would likely 
be appropriate without more specific criteria. Manufacturers continue 
to have the option to justify the need for additional overrides for 
their individual systems and seek EPA approval through Sec.  
1037.660(b).
iii. Stop-Start Overrides
    We requested comment on a specific list of override conditions for 
stop-start systems (85 FR 28151, May 12, 2020). CARB expressed concern 
that additional overrides may compromise emissions and requested a 
requirement that manufacturers bring their proposed overrides to EPA 
for approval. We are not requiring a ``case-by-case'' approval process 
for these overrides, as suggested by CARB, but we note that, in the 
certification application provisions of Sec.  1037.205(b)(5), 
manufacturers are required to include a description of their idle 
reduction technology, including the override conditions of Sec.  
1037.660. We believe this continues to be an appropriate level of 
oversight for these idle technologies and their associated override 
conditions.
    EMA and New Flyer supported the inclusion of all override 
conditions listed in the proposed rule for comment, but their comments 
did not expand on the need for any of the individual conditions to be 
adopted. Each commenter requested additional override conditions and 
included the rationale for those requests. Our final revisions to Sec.  
1037.660(b)(4) cross-reference the provisions for vocational vehicle 
AES (paragraph (b)(2)) and neutral idle (paragraphs (b)(3)(ii) and 
(iii)) such that the new open engine compartment, reverse gear, and 
road grade provisions for those systems also apply for stop-start 
systems. EPA considered the original list and the commenters' 
additional suggested override conditions and we are adopting the 
following additional override criteria specific to stop-start systems 
to ensure safety and/or effective system operation as noted in Sec.  
1037.660(b)(4):
    <bullet> When the steering angle is at or near the limit of travel 
to avoid steering wheel kickback during engine start.
    <bullet> When a wheel speed sensor failure may prevent the anti-
lock braking system from detecting vehicle speed.
    <bullet> When an automatic transmission is in ``park'' or in 
``neutral'' with the parking brake engaged because the feature is 
intended to be used during driving operation.
    <bullet> When a component failure protection mode is active, such 
as starter motor overheating, which may prevent the engine from 
restarting.
    <bullet> When a fault is active on a system component needed to 
start the engine, which may prevent the engine from restarting.
    <bullet> When the flow of diesel exhaust fluid is limited due to 
freezing, because an engine-off condition may further delay thawing and 
SCR operation.
    It was not clear that the remaining override conditions suggested 
by commenters or presented for comment in the proposed rule pose a 
widespread concern for safety, vehicle operation, or serviceability, or 
could not be easily overridden by the driver, and we are not adopting 
those overrides in our final revisions. However, manufacturers continue 
to have the option to seek EPA approval for these or additional 
criteria they believe are needed to protect the engine and vehicle from 
damage and to ensure safe vehicle operation (see Sec.  1037.660(b)).
3. Weight Reduction
    EPA proposed minor revisions to the weight reduction provisions 
(see 85 FR 28150). This section presents the changes we are adopting 
after consideration of comments received. See Chapter 2 of our Response 
to Comments for additional details on some of these amendments, 
including other amendments or clarifications requested by commenters 
and our responses.
    The regulations in 40 CFR 1037.520 include tables to calculate 
weight reduction values for using certain lightweight components. The 
sum of the weight reductions is used as an input to GEM. As noted in 
Section II.A.2, EPA proposed two changes to Table 8 of that section 
allowing manufacturers to use the heavy heavy-duty (HHD) values for 
medium heavy-duty (MHD) vehicles with three axles (i.e., 6x4 and 6x2 
configurations) and adding a footnote to the table to clarify that the 
weight reduction values apply per vehicle (instead of per component) 
unless otherwise noted. We received no adverse comments to the proposed 
updates to Table 8 and we are finalizing the two changes.
    We received comment from EMA requesting ``a process for adding in 
other weight-savings technologies''. As described in Sec.  
1037.520(e)(5), this process is available in the existing off-cycle 
provisions of Sec.  1037.610 and no further action is needed or being 
finalized in this rule. EMA also requested clarification on the origin 
of certain weight reduction values for tires and recommended use of a 
``base'' value for comparison. We note that all the values in Table 6 
through Table 8 of Sec.  1037.520 were developed through notice and 
comment in the HD Greenhouse Gas Emissions Phase 1 and Phase 2 
rulemakings based on information as described in the Regulatory Impact 
Analysis for the rules. We did not propose changes to the weight 
reduction tables and are not taking any final action at this time to

[[Page 34334]]

update values to refer to a base weight, but manufacturers continue to 
have the ability to apply through our off-cycle process.
4. Self-Contained Air Conditioning Units
    We proposed a revision to Sec.  1037.115(e) to clarify that it is 
``intended to address air conditioning systems for which the primary 
purpose is to cool the driver compartment (85 FR 28151). This would 
generally include all complete pickups and vans, but not self-contained 
air conditioning or refrigeration units on vocational vehicles.'' CARB 
and New Flyer requested additional clarification on the phrase ``self-
contained''. After consideration of submitted comments, we are 
finalizing a modified version of the proposed changes to Sec.  
1037.115(e)(1) that incorporates some of the feedback from commenters. 
We are maintaining the proposed statement that this provision is 
intended for A/C systems that cool the driver compartment. We're 
clarifying that it generally applies to ``cab-complete'' pickups and 
vans (see definition at Sec.  86.1803-01) which is more appropriate for 
heavy-duty than ``complete pickups and vans'' as proposed. We are 
expanding the existing statement that the paragraph does not apply for 
self-contained A/C or refrigeration units by adding the phrases ``used 
to cool passengers'' and ``used to cool cargo''. Finally, we further 
clarify that a self-contained system for purposes of this provision is 
an ``enclosed unit with its own evaporator and condenser even if it 
draws power from the engine.''
5. Manufacturer Testing of Production Vehicles
    The regulations require tractor manufacturers to annually chassis 
test five production vehicles over the GEM cycles to verify that 
relative reductions simulated in GEM are being achieved in actual 
production. See 40 CFR 1037.665. We do not expect absolute correlation 
between GEM results and chassis testing. GEM makes many simplifying 
assumptions that do not compromise its usefulness for certification but 
do cause it to produce emission rates different from what would be 
measured during a chassis dynamometer test. Given the limits of 
correlation possible between GEM and chassis testing, we would not 
expect such testing to accurately reflect whether a vehicle was 
compliant with the GEM standards. Therefore, Sec.  1037.665 does not 
apply compliance liability to such testing.
    The regulation also allows manufacturers to request approval of 
alternative testing ``that will provide equivalent or better 
information.'' Manufacturers have asked us to clarify this allowance 
and we proposed to revise Sec.  1037.665 to provide an example that the 
EPA may allow manufacturers to provide CO<INF>2</INF> data from in-use 
operation, and CO<INF>2</INF> data from manufacturer-run on-road 
testing, as long as the data allows for reasonable year-to-year 
comparisons and includes testing from non-prototype vehicles (85 FR 
28148). We didn't receive any comments on the proposed changes to Sec.  
1037.665, and we are finalizing changes to the regulation as proposed. 
To qualify, the vehicles would need to be actual production vehicles 
rather than custom-built prototype vehicles. Such vehicles could be 
covered by testing or manufacturer owned exemptions but would need to 
be produced on an assembly line or other normal production practices. 
Manufacturers would also need to ensure test methods are sufficiently 
similar from year to year to allow for a meaningful analysis of trends.
6. Vehicle Model Year Definition
    For Phase 2 tractors and vocational vehicles, the vehicle's 
regulatory model year is usually the calendar year corresponding to the 
vehicle's date of manufacture. However, the Phase 2 regulations allow 
the vehicle's model year to be designated as the year before the 
calendar year corresponding to the vehicle's date of manufacture if the 
engine's model year is from an earlier year. We are amending as 
proposed the definition of model year in Sec.  1037.801 to allow 
vehicle manufacturers to extend the period during which a vehicle's 
certification is valid to account for this flexibility. This 
clarification more explicitly explains how vehicle manufacturers 
utilize this existing flexibility.
    After promulgation of the Phase 2 final rule, it became apparent 
that the Phase 2 vehicle model year definition does not allow starting 
vehicle production before the start of the named year if the engine 
model year also begins in the earlier year. For example, if a 
manufacturer would start its 2024 engine model year in December 2023, 
the definition would not allow vehicles produced in 2023 to be model 
year 2024.
    To address this issue, EPA is allowing the option for the vehicle's 
model year to be designated as the year after the calendar year 
corresponding to the vehicle's date of manufacture. This has the effect 
of allowing manufacturers to meet standards earlier with aligned engine 
and vehicle model years. Model years would still be constrained to 
reflect annual (rather than multi-year) production periods and include 
January 1 of the named year.
    We did not receive comments on these proposed change to the 
definition of model year for vehicles. We are accordingly adopting the 
revised definition for model year in 40 CFR 1037.801 for tractors and 
vocational vehicles with a date of manufacture on or after January 1, 
2021, as proposed, except that the final rule includes additional text 
to make explicit the requirement for the model year to be based on the 
manufacturer's annual production period for new models. This is 
consistent with the definition of model year for vehicles subject to 
Phase 1 standards in the same section.
7. Compliance Margins for GEM Inputs
    The regulations at 40 CFR 1037.620(d) allow component manufacturers 
to conduct testing for vehicle manufacturers, but they do not specify 
restrictions for the format of the data. Vehicle manufacturers have 
raised concerns about component manufacturers including compliance 
margins in GEM inputs--in other words, inputting a value that is 
significantly worse than the tested result. They state that many 
component suppliers are providing GEM inputs with compliance margins, 
rather than raw test results. However, when stacked together, the 
compliance margins would result in inappropriately high GEM results 
that would not represent the vehicles being produced.
    We proposed to note in 40 CFR 1037.501(i) that declared GEM inputs 
for fuel maps and aerodynamic drag area will typically include 
compliance margins to account for testing variability and that, for 
other measured GEM inputs, the declared values will typically be the 
measured values, and received comment requesting additional 
clarification and providing additional suggested revisions as described 
in Chapter 2 of the Response to Comments document. One commenter 
suggested that EPA finalize default allowance values at this time, 
however we lack adequate data to make a thorough determination on what 
these values should be. In addressing manufacturers' concern, it is 
important to distinguish between engine fuel maps (which are certified 
separately) and other GEM inputs that are not certified. As is 
discussed in Section II.B.3, certified engine fuel maps are expected to 
include compliance margins to account for manufacturing and test 
variability. However, EPA did not expect each of the other GEM input to 
have a

[[Page 34335]]

significant compliance margin of its own. (Note that the aerodynamic 
bin structure serves to provide an inherent compliance margin for most 
vehicles.) Rather, we expected the certifying original equipment 
manufacturer (OEM) to include compliance margins in their Family 
Emission Limits (FELs) relative to the GEM outputs.
    For vehicle GHG standards, the primary role for FEL compliance 
margins is to protect against SEA failures. Without a compliance margin 
under the Phase 2 regulations, normal production variability would 
cause some vehicles to fail, which would require the testing of 
additional vehicles. Even if the family ultimately passed the SEA, it 
would probably require the manufacturer to test a large number of 
vehicles. However, because SEAs and confirmatory tests for particular 
components would not target GEM inputs for other components, a modest 
vehicle FEL compliance margin determined by the vehicle manufacturer, 
that accounts for the component input with the highest uncertainty used 
to determine the vehicle FEL, would be sufficient to cover the full 
range of uncertainty for all components.
    While we are not adopting explicit changes with respect to 
compliance margins that were requested in comments, we are finalizing 
the revision in Sec.  1037.501(i) as with clarifying edits that, for 
other measured GEM inputs, the declared values are typically the 
measured values without adjustment, and finalizing a related provision 
after consideration of comments on this proposed revision and on 
conducting a confirmatory test and SEA for an axle or transmission 
apart from a specific vehicle. Specifically, the additional change 
clarifies this intent for confirmatory testing in 40 CFR 1037.235(c)(2) 
by stating that the results will only affect your vehicle FEL if the 
results of our confirmatory testing result in a GEM vehicle emission 
value that is higher than the vehicle FEL declared by the manufacturer.
    These revisions further obviate a need for component-specific 
compliance margins and should thus further clarify that component-
specific suppliers should be providing GEM inputs with raw test 
results, rather than values that include an associated compliance 
margin. While we do not believe that suppliers should normally include 
compliance margins when providing test data to OEMs for GEM inputs, we 
do believe they should provide to OEMs some characterization of the 
statistical confidence they have in their data. This allows the OEM to 
apply an appropriate overall compliance margin for their vehicle FEL. 
During a confirmatory test, EPA would compare the GEM results using our 
measured inputs with the declared FEL for the vehicles, which means 
that the compliance margin for measurement variability should be built 
into the FEL of the vehicle. Again, EPA notes that the certified engine 
fuel maps are expected to include small compliance margins to account 
for manufacturing and test variability.
    Finally, none of this is intended to discourage suppliers and OEMs 
from entering into commercial agreements related to the accuracy of 
test results or SEA performance.
8. SEAs for Axles and Transmissions
    Under 40 CFR 1037.320, a selective enforcement audit (SEA) for 
axles or transmissions would consist of performing measurements with a 
production axle or transmission to determine mean power loss values as 
declared for GEM simulations, and running GEM over one or more 
applicable duty cycles based on those measured values. The axle or 
transmission is considered passing for a given configuration if the new 
modeled emission result for every applicable duty cycle is at or below 
the modeled emission result corresponding to the declared GEM inputs. 
As described below, EPA is revising the provision regarding where an 
axle or transmission does not pass.
    We believe special provisions are needed for axles and 
transmissions given their importance as compliance technologies and a 
market structure in which a single axle or transmission could be used 
by multiple certifying OEMs. Under the existing SEA regulations, if an 
axle or transmission family from an independent supplier fails a SEA, 
vehicle production could be disrupted for multiple OEMs and have 
serious economic impacts on them. We are finalizing a revision that 
will minimize the disruption to vehicle production.
    Under the revised provision, if the initial axle or transmission 
passes, then the family would pass, and no further testing would be 
required. This is the same as under the existing regulations. However, 
if the initial axle or transmission does not pass, two additional 
production axles or transmissions, as applicable, would need to be 
tested. We are finalizing this revision as proposed, except we are 
finalizing additional changes to Sec.  1037.320(c) after consideration 
of comments received to the proposal in a couple respects. We further 
clarified that these additional production axels or transmissions to be 
tested could be different axle and transmission configurations within 
the family to cover the range of product included in the family. We 
also are finalizing an additional clarification in 40 CFR 1037.320(c) 
that further address how the results from the SEA will be used to 
determine if the manufacturer declared map should be replaced, by 
stating that if you fail the audit test for any of the axles or 
transmissions tested, the audit result becomes the declared map, also 
requiring revision of any analytically derived maps if applicable, and 
that these would become official test results for the family. In other 
words, this approach would correct the data used by the OEM for their 
end-of-year report.
    After consideration of comments, we are also finalizing changes to 
40 CFR 1037.320(b) to clarify that the test transmission's gear ratios 
and not the default ratios in 40 CFR 1036.540 should be used in GEM. 
After consideration of comment regarding the lack of an engine defined 
for use as a GEM input when a component-level SEA is being performed, 
we have specified the use of the default engine map in 40 CFR part 
1036, appendix C, and a default torque curve that we have added as 
Table 1 to 40 CFR 1037.520. The axle and transmission GEM inputs can 
now be determined based on the default map and torque curve. See 
Chapter 2 of the Response to Comments for further details on comments 
received and our responses.
9. Electric and Hybrid Vehicles in Vocational Applications
    Prior to the proposal, manufacturers expressed concern that the 
Phase 2 regulations are not specific enough regarding how to classify 
hybrid vocational vehicles (see Sec.  1037.140). This is not an issue 
for tractors, which are classified based on gross vehicle weight rating 
(GVWR). However, vocational vehicles are generally classified by the 
class of the engines. Obviously, this approach does not work for 
electric vehicle without engines. This approach could also misrepresent 
a hybrid vehicle that is able to use an undersized engine. To address 
these problems, we proposed changes to Sec.  1037.140(g)(1) to clarify 
that the classification for tractors where provisions are the same as 
vocational vehicles applies for hybrid and non-hybrid vehicles, and 
paragraph (g)(4) to clarify that Class 8 hybrid and electric vehicles 
are Heavy HDVs and all other vehicles are classified by GVWR classes. 
CARB and Tesla supported the regulation changes proposed in Sec.  
1037.140(g). We did not receive any

[[Page 34336]]

adverse comments on these proposed revisions and we are finalizing the 
proposed revisions with the addition of ``electric'' to paragraph 
(g)(1) for consistency with the rest of the section and an expanded 
clarification in paragraph (g)(4)(iii) that Class 8 hybrid and electric 
vehicles are considered Heavy HDV, regardless of the engine's primary 
intended service class.
    CARB suggested tying certification provisions such as warranty and 
useful life to the vehicle GVWR to avoid allowing a downsized hybrid 
powertrain installed in a heavier vehicle weight class to have shorter 
useful life and emission warranty obligations. We note that useful life 
(Sec.  1037.105(e)) and warranty (Sec.  1037.120(b)) for vocational 
vehicles are defined by vehicle service class (i.e., Light HDV, Medium 
HDV, and Heavy HDV) and our final revision to Sec.  1037.140(g)(4) 
ensures all Class 8 hybrid and electric vehicles are classified in our 
heaviest weight class with the longest useful life and warranty 
periods. Consequently, any powertrain in a Class 8 vehicle, including a 
downsized hybrid, would be a Heavy HDV and subject to all corresponding 
certification provisions for Heavy HDVs.
    We also requested comment on alternative approaches, such as 
specifying the useful life in hours rather than miles for these 
vocational vehicles or allowing electric vehicles to step down one 
weight class, with justification from the manufacturer. With respect to 
the potential alternative approaches we requested comment on, Ford 
supported specifying useful life in hours rather than miles for 
vocational vehicles. However, CARB raised questions on how the useful 
life in miles correlates to engine hours. Tesla encouraged EPA to 
continue to use a single, miles-based criteria for useful life. In 
addition, Ford expressed support for allowing electric vehicles to step 
down one weight class. We are not taking final action on any of the 
potential alternative approaches at this time. Regarding adopting 
useful life criteria based on engine hours, we currently lack the data 
required to link engine hours to miles for the range of vocational 
vehicles. Regarding potentially allowing electric vehicles to step down 
one weight class, we currently have concerns that this may allow for 
inappropriate useful life and warranty requirements.
    Section 1037.140(g)(5) references Sec.  1037.106(f) in specifying 
that, in certain circumstances, you may certify vehicles to standards 
that apply for a different vehicle service class. We received comments 
from EMA and Volvo and agree with the commenters' suggestion to clarify 
how our revision to Sec.  1037.140(g)(1) regarding hybrid and electric 
tractors interacts with the cross-referenced Sec.  1037.106(f). 
Consistent with our explanation at proposal that the current 
requirements in Sec.  1037.140(g) applied to all tractors, we are also 
finalizing a corresponding clarification in Sec.  1037.106(f)(2) 
regarding Class 7 hybrid and electric tractor's ability to certify to 
the Class 8 standards, by adding a sentence that ``[t]his applies 
equally for hybrid and electric vehicles.'' See Chapter 2 of the 
Response to Comments for further details on comments received and our 
responses.
10. Vocational Vehicle Segmentation
    The Phase 2 regulatory structure applies the primary vocational 
standards by subcategory. Manufacturers are generally allowed to 
certify vocational vehicles in the particular duty-cycle subcategory 
they believe to be most appropriate, consistent with good engineering 
judgment.\20\ This process for selecting the correct subcategory is 
often called ``segmentation.'' Under this structure, EPA expects 
manufacturers to choose a subcategory for each vehicle configuration 
that best represents the type of operation that vehicle will actually 
experience in use. This is important because several technologies 
provide very different emission reductions depending on the actual in-
use drive cycle. For example, stop-start would provide the biggest 
emission reductions for urban vehicles and much less reduction for 
vehicles that operate primary on long intercity drives.
---------------------------------------------------------------------------

    \20\ See 40 CFR 1068.5 for specifications on applying good 
engineering judgment.
---------------------------------------------------------------------------

    Vocational vehicles are classified based upon the gross vehicle 
weight rating (GVWR) as defined in Sec.  1037.140(g). Once classified, 
manufacturers identify the intended regulatory subcategory duty cycles 
(i.e., Urban, Multi-purpose, or Regional) for each vocational vehicle 
configuration as indicated in Sec.  1037.140(h). There are constraints 
for vocational duty cycle and regulatory subcategory, specified in 
Sec.  1037.150(z).
    Prior to the proposal, manufacturers raised concerns about the 
impact of this structure on their ability to plan for and monitor 
compliance. They suggested that more objective and quantitative ``good 
engineering judgment'' criteria would be helpful. In response to these 
concerns, EPA proposed an interim ``safe harbor'' provision in Sec.  
1037.150(bb) for vocational vehicle segmentation. Under the proposal, 
manufacturers meeting the safe harbor criteria would be presumed to 
have applied good engineering judgment, and we explained that we 
thought the criteria were consistent with the intent of the Phase 2 
program and would not allow manufacturers to reduce the effective 
stringency the standards.
    The first principle of the proposed safe harbor was that any 
vehicle could be classified as Multi-purpose. The Multi-purpose duty 
cycle weighting factors include significant weightings for highway 
operation, lower speed transient operation, and idle. Thus, it would 
not generally overvalue an individual technology. The second principle 
of the proposed safe harbor was that vehicles not classified as Multi-
purpose should not be exclusively Regional or Urban. We proposed a 
quantitative measure that evaluates the ratio of Regional vehicles to 
Urban vehicles within an averaging set. Specifically, we proposed that 
the ratio of Regional vehicles to Urban vehicles must be between 1:5 
and 5:1. EPA requested comment on the proposed approach overall and the 
range of acceptable ratios.
    CARB supported the proposed provision of allowing any vocational 
vehicle to be classified as Multi-purpose. However, both EMA and CARB 
questioned the ratios for vocational vehicle categories in the proposed 
provisions of Sec.  1037.150(bb). EMA commented that the proposed 
ratios were ``arbitrary'' and may not be represent a manufacturer's 
model mix during any specific year. Instead, EMA suggested that more 
appropriate ``good engineering judgment'' would be to base the vehicle 
category on ``the duty cycle weighting under which it performs most 
efficiently in GEM.'' CARB commented that the ratio could inadvertently 
drive manufacturers to certify the vehicles with an inappropriate duty 
cycle and recommended all vehicles be certified as Multi-purpose unless 
the manufacturer could provide ``good justification'' for a Regional or 
Urban categorization.
    We are finalizing a revision in Sec.  1037.140(h) and throughout 
Sec.  1037.150(z) to replace ``duty cycle'' with the term ``regulatory 
subcategory'' that more appropriately reflects the intent of 
classifying a vehicle and its connection to a standard. Additionally, 
after considering the comments, EPA is finalizing one principle of the 
safe harbor provision proposed as Sec.  1037.150(bb); specifically, the 
paragraph that allows manufacturers to select the Multi-purpose 
subcategory for any vocational vehicle, unless otherwise

[[Page 34337]]

specified in Sec.  1037.150(z).\21\ As noted previously, selecting this 
subcategory and associated duty cycle would require technologies that 
reduce emissions across all operation (i.e., high speed, lower speed 
transient, and idle) and we believe it is an appropriate default duty 
cycle if a manufacturer is unsure of the final vehicle application when 
applying the good engineering judgment provision of Sec.  1037.140(h). 
We agree with the concerns expressed by CARB and EMA and are not 
finalizing the ratios of Regional to Urban vehicles in paragraph Sec.  
1037.150(bb)(2) of the proposed safe harbor provision. Instead, as 
discussed further below, we continue to rely on the constraints listed 
in Sec.  1037.150(z) to guide manufacturers in identifying

[…truncated; see source link]
Indexed from Federal Register on June 29, 2021.

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