Proposed Rule: Air Quality Implementation Plans Approval and Promulgation Various States: High Occupancy Vehicle Facilities Exemption

29102 Federal Register / Vol. 72, No.
100 / Thursday, May 24, 2007 / Proposed Rules
deliveries are only accepted during the requirements for labeling these vehicles. docket and made available on the
Regional Office’s normal hours of As the Department of Transportation Internet. EPA recommends that you
operation. The Regional Office’s official (DOT) is responsible for the planning include your name and other contact
hours of business are Monday through and implementation of HOV programs, information in the body of your
Friday, 8:30 to 4:30, excluding Federal any changes to HOV programs as a comment if you submit an electronic
holidays. result of this action would also be comment or with any disk or CD–ROM
Please see the direct final rule which implemented by DOT and enforced by you submit. If EPA cannot read your
is located in the Rules section of this the individual states that choose to comment due to technical difficulties
Federal Register for detailed adopt these requirements. As directed and cannot contact you for clarification,
instructions on how to submit by the 2005 Transportation Act, the EPA may not be able to consider your
comments. HOV multiple-occupancy exemption for comment. Electronic files should avoid
FOR FURTHER INFORMATION CONTACT:
low emission and energy-efficient the use of special characters, any form
Stacy Harder, Regulatory Development vehicle expires September 30, 2009. of encryption, and be free of any defects
Section, Air Planning Branch, Air, DATES: Comments on this Notice of or viruses.
Pesticides and Toxics Management Proposed Rulemaking must be Docket: All documents in the docket
Division, U.S. Environmental Protection submitted on or before July 9, 2007. A are listed in the www.regulations.gov
Agency, Region 4, 61 Forsyth Street, public hearing will be held on June 8, index. Although listed in the index,
SW., Atlanta, Georgia 30303–8960. The 2007. Requests to present oral testimony some information is not publicly
telephone number is (404) 562–8965. must be received on or before June 1, available, e.g., CBI or other information
Ms. Harder can also be reached via 2007. If EPA receives no requests to whose disclosure is restricted by statute.
electronic mail at harder.stacy@epa.gov. present oral testimony by this date, the Certain other material, such as
hearing will be canceled. copyrighted material, will be publicly
SUPPLEMENTARY INFORMATION: For
ADDRESSES: Submit your comments, available only in hard copy. Publicly
additional information see the direct available docket materials are available
final rule which is published in the identified by Docket ID No. EPA–HQ–
OAR–2005–0173, by one of the either electronically in
Rules section of this Federal Register. www.regulations.gov or in hard copy at
following methods:
Dated: May 14, 2007. the Docket, EPA/DC, EPA West, Room
• www.regulations.gov: Follow the
Russell L. Wright, Jr., on-line instructions for submitting 3334, 1301 Constitution Ave., NW.,
Acting Regional Administrator, Region 4. comments. Washington, DC. The Public Reading
[FR Doc. E7–10059 Filed 5–23–07; 8:45 am] • E-mail: pugliese.holly@epa.gov. Room is open from 8:30 a.m. to 4:30
BILLING CODE 6560–50–P • Fax: 734–214–4053. p.m., Monday through Friday, excluding
• Mail: EPA–OAR–2005–0173, legal holidays. The telephone number
Environmental Protection Agency, 2000 for the Public Reading Room is (202)
ENVIRONMENTAL PROTECTION Traverwood, Ann Arbor, MI 48105 566–1744.
AGENCY • Hand Delivery: Docket, EPA/DC, FOR FURTHER INFORMATION CONTACT:
EPA West, Room 3334, 1301 Holly Pugliese, Compliance and
40 CFR Part 601 Constitution Ave., NW., Washington, Innovative Strategies Division, Office of
[EPA–HQ–OAR–2005–0173; FRL–8317–2] DC. Such deliveries are only accepted Transportation and Air Quality,
during the Docket’s normal hours of Environmental Protection Agency, 2000
RIN 2060–AN68 operation, and special arrangements Traverwood, Ann Arbor, MI 48105;
should be made for deliveries of boxed telephone number: 734–214–4288; fax
SAFETEA–LU High Occupancy Vehicle
information. number: 734–214–4053; e-mail address:
Facilities Exemption Rule
Instructions: Direct your comments to pugliese.holly@epa.gov.
AGENCY: Environmental Protection Docket ID No. EPA–HQ–OAR–2005– Access to Rulemaking Documents
Agency (EPA). 0173. EPA’s policy is that all comments Through the Internet: This action is
ACTION: Notice of proposed rulemaking. received will be included in the public available electronically on the date of
docket without change and may be publication from EPA’s Federal Register
SUMMARY: The Safe, Accountable, made available online at Web site listed below. Electronic
Flexible, Efficient Transportation Equity www.regulations.gov, including any versions of this preamble, regulatory
Act: A Legacy for Users Act, which was personal information provided, unless language, and other documents
signed into law on August 10, 2005, the comment includes information associated with this proposal rule are
contains provisions which apply to state claimed to be Confidential Business available from the EPA Office of
High Occupancy Vehicle (HOV) Information (CBI) or other information Transportation and Air Quality Web
facilities. Among other exceptions, whose disclosure is restricted by statute. site, listed below, shortly after the rule
SAFETEA–LU Section 1121, which is Do not submit information that you is signed by the Administrator. These
codified at 23 United States Code consider to be CBI or otherwise services are free of charge, except any
(U.S.C.) 166 now allows an exemption protected through www.regulations.gov cost that you already incur for
from the HOV facility occupancy or e-mail. The www.regulations.gov Web connecting to the Internet. EPA Federal
requirement for vehicles certified as site is an ‘‘anonymous access’’ system, Register Web site: http://www.epa.gov/
‘‘low emission and energy-efficient.’’ As which means EPA will not know your docs/fedrgstr/epa-air/ (either select a
directed by the 2005 Transportation Act, identity or contact information unless desired date or use the Search feature).
EPA must issue regulations for you provide it in the body of your EPA Office of Transportation and Air
rmajette on PROD1PC67 with PROPOSALS
certifying vehicles as ‘‘low emission and comment. If you send an e-mail Quality Web site: http://www.epa.gov/
energy-efficient.’’ Specifically, this comment directly to EPA without going otaq/ (look in What’s New or under
action proposes the requirements for through www.regulations.gov, your e- specific rulemaking topic).
‘‘low emission and energy-efficient’’, mail address will be automatically Please note that due to differences
including procedures for making fuel captured and included as part of the between the software used to develop
economy comparisons and the comment that is placed in the public the documents and the software into
VerDate Aug<31>2005 15:42 May 23, 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\24MYP1.SGM 24MYP1
Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules 29103
which the documents may be I. General Information

downloaded, changes in format, page A. Does This Action Apply to Me?
length, etc., may occur.
Regulated categories and entities
SUPPLEMENTARY INFORMATION: covered by this proposal are described
in the following table:
Category NAICS codes a SIC codes b Examples of potentially regulated parties
State governments .............. 92 (Public Admin) .............. 9131 (Exec and Legislative State governments involved with transportation and/or
Offices Cmb). high occupancy vehicle facilities.
a North American Industry Classification System (NAICS).
b Standard Industrial Classification (SIC) System.
This list is not intended to be • Identify the rulemaking by docket III. Request for Comments
exhaustive, but rather provides a guide number and other identifying IV. What Are the Opportunities for Public
regarding entities likely to be regulated information (subject heading, Federal Participation?
A. Copies of This Proposal and Other
by this action. To determine whether Register date and page number).
Related Information
particular activities may be regulated by • Follow directions—The agency may B. Public Hearing
this action, you should carefully ask you to respond to specific questions V. What Are the Administrative
examine the proposed regulations. You or organize comments by referencing a Requirements for This Proposed Rule?
may direct questions regarding the Code of Federal Regulations (CFR) part A. Executive Order 12866: Regulatory
applicability of this action to the person or section number. Planning and Review
listed in FOR FURTHER INFORMATION • Explain why you agree or disagree, B. Paperwork Reduction Act
CONTACT. suggest alternatives, and substitute C. Regulatory Flexibility Act
language for your requested changes. D. Unfunded Mandates Reform Act
B. What Should I Consider as I Prepare • Describe any assumptions and E. Executive Order 13132: Federalism
My Comments for EPA? provide any technical information and/ F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
1. Submitting Comments With or data that you used. Governments
Confidential Business Information (CBI) • If you estimate potential costs or G. Executive Order 13045: Protection of
burdens, explain how you arrived at Children From Environmental Health
Commenters who wish to submit
your estimate in sufficient detail to and Safety Risks
proprietary information or CBI for
allow for it to be reproduced. H. Executive Order 13211: Actions That
consideration should clearly separate
• Provide specific examples to Significantly Affect Energy Supply,
such information from other comments Distribution, or Use
illustrate your concerns, and suggest
by (1) labeling proprietary information I. National Technology Transfer
alternatives.
‘‘Confidential Business Information’’ • Explain your views as clearly as Advancement Act
and (2) sending proprietary information possible, avoiding the use of profanity VI. What Are the Statutory Provisions and
directly to the contact person listed (see or personal threats.
Legal Authority for This Proposed Rule?
FOR FURTHER INFORMATION CONTACT). Do • Make sure to submit your I. Why Is This Action Being Taken?
not submit CBI to EPA through the comments by the comment period
docket, regulations.gov or e-mail. On August 10, 2005, President Bush
deadline identified. signed into law the Safe, Accountable,
Clearly mark the part or all of the
information that you claim to be CBI. Table of Contents Flexible, Efficient Transportation Equity
For CBI information in a disk or CD– I. Why Is This Action Being Taken? Act: A Legacy for Users (SAFETEA–LU)
ROM that you mail to EPA, mark the II. What Are EPA’s Proposed Requirements (Pub. L. 109–59). In general, SAFETEA–
outside of the disk or CD–ROM as CBI for the Certification of Low Emission and LU builds on the Intermodal Surface
and then identify electronically within Energy-Efficient Vehicles? Transportation Efficiency Act of 1991
A. How Is EPA Proposing To Determine a (ISTEA) and the Transportation Equity
the disk or CD–ROM the specific Low Emission Vehicle?
information that is claimed as CBI. In B. How Is EPA Proposing To Determine an
Act for the 21st Century (TEA–21) to
addition to one complete version of the Energy-Efficient Vehicle? supply funds and improve the
comment that includes information 1. What Fuel Economy Values Are Being programmatic framework for
claimed as CBI, a copy of the comment Used To Determine if a Vehicle Is investments needed to maintain and
that does not contain the CBI must be Energy-Efficient? grow the U.S. transportation
submitted for inclusion in the public 2. How Is EPA Proposing To Determine a infrastructure. SAFETEA–LU
‘‘Comparable Vehicle’’? specifically covers Federal surface
docket. 3. What Other Methods Did EPA Consider
Information covered by a claim of transportation programs for highways,
for Determining a ‘‘Comparable
confidentiality will be disclosed by EPA Vehicle’’? highway safety, and transit from 2005
only to the extent allowed and by the C. Will All Hybrid Vehicles Qualify for the until 2009. The HOV facilities
procedures set forth in 40 CFR part 2. HOV Facilities Exemption? provisions of Section 1121 of
If no claim of confidentiality D. What Alternative Fuel Vehicles Could SAFETEA–LU, which are codified at 23
accompanies the submission when it is Qualify for the HOV Facilities U.S.C. 166, are the subject of this
received by EPA, the submission may be Exemption? proposal.
E. How Will EPA Make Available the List With a number of exceptions
made available to the public without of Eligible Vehicles?
notifying the commenters. described more fully in Section 1121 of
F. What Labeling Requirements Is EPA
Proposing for Low Emission and Energy- SAFETEA–LU, vehicles using HOV
2. Tips for Preparing Your Comments facilities must have two or more
Efficient Vehicles?
When submitting comments, G. What Impacts Are Associated With This occupants. One of those exceptions is
remember to: Rulemaking? contained in 23 U.S.C. 166 and provides
29104 Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules
an exemption to this occupancy efficient vehicle must meet the Tier 2 Bin 5 emission certification levels
requirement for ‘‘inherently low definition provided in 23 U.S.C. are the average of the Tier 2 emission
emission’’ vehicles and other ‘low 166(f)(3). This definition includes levels with lower bins (i.e. 4, 3, 2, or 1)
emission and energy-efficient’ vehicles. separate components for emissions and representing lower emitting vehicles
Specifically, SAFETEA–LU added energy efficiency. The sections below and higher bins (i.e. 6, 7, or 8)
section 166(b)(5)(A) to title 23 of the discuss EPA’s proposed criteria for representing vehicles that are more
U.S.C., which permits states to allow determining a ‘‘low emission’’ and polluting.
vehicles certified as ‘‘inherently low ‘‘energy-efficient’’ vehicle, based on the In addition, while 23 U.S.C. 166
emission’’ vehicles to be exempted from statutory definition. specifically mentions the Federal
the HOV facility occupancy emission certification levels of Tier 2,
A. How Is EPA Proposing To Determine
requirements. ‘‘Inherently low emitting’’ not all vehicles are certified to comply
a Low Emission Vehicle?
vehicles are defined in title 40 section with federal standards. California has
88.311–93 of the Code of Federal Section 166(f)(3)(A) defines the ‘‘low separate emission standards (along with
Regulations (CFR). In addition, 23 emission’’ component of a ‘‘low a number of states that have adopted
U.S.C. 166 allows, but does not require, emission and energy-efficient’’ vehicle California’s emission standards as
states to include a new occupancy to be a vehicle that has been certified by permitted under Section 177 of the
exemption for the use of ‘‘low emission EPA as meeting ‘‘the Tier II emission Clean Air Act (42 U.S.C. 7507.), which
and energy-efficient’’ vehicles that do level established in regulations are generally equivalent to the Tier 2
not meet the minimum occupancy prescribed by the EPA under section standards. The current California
requirement in HOV facilities. Section 202(i) of the Clean Air Act (CAA) for emission standards are known as Low
166(e) of 23 U.S.C. lays the groundwork that vehicle’s make, model, and model Emission Vehicle–II (LEV–II) standards
for this proposal. Specifically, it directs year’’ (‘‘Tier II’’ will hereafter be (Final Regulation Order as Filed with
EPA to issue regulations for certifying referred to as ‘‘Tier 2’’). The Tier 2 the Secretary of State, October 28,
‘‘low emission and energy-efficient emission certification standards phase 1999).3 California-certified vehicles
vehicles,’’ establishing procedures for in over time and by vehicle were required to begin phasing-in to the
making fuel economy comparisons in classification. The standards took effect LEV–II standards in 2004.
order to determine qualifying vehicles, beginning in model year 2004 and will The LEV–II standards are grouped in
and providing requirements for labeling be fully implemented for light-duty the following categories (listed in order
these vehicles. States with HOV vehicles and light light-duty trucks, up
of least to most stringent): Low emission
facilities may optionally adopt this to 6000 pounds (lbs.) gross vehicle
vehicle (LEV), ultra low emission
exemption, which expires September weight rating (GVWR), in 2007 (40 CFR
vehicle (ULEV), super low emission
30, 2009. This expiration date means 86.1811–04(k)). The standards for heavy
vehicle (SULEV), partial zero emission
that, unless Congress issues a light-duty trucks, 6000 to 8500 lbs.
vehicle (PZEV), and zero emission
reauthorization for the provisions in 23 GVWR, will not be fully implemented
vehicle (ZEV). There are separate
U.S.C. 166, state programs allowing low until the 2009 model year. The Tier 2
emission standards under each of these
emission and energy-efficient vehicles standards also apply to medium-duty
categories for passenger cars,4 up to
that do not meet the minimum passenger vehicles, 8501 to 10,000 lbs.
8500 lbs. GVWR and medium-duty
occupancy requirement to use HOV GVWR, but these vehicles are not
included in this proposal, as vehicles vehicles, 8501–14,000 lbs. GVW. As
facilities will no longer be federally discussed above, this proposal applies
permitted and low emission and energy- weighing over 8500 lbs. GVWR are
statutorily exempted from federal fuel only to vehicles with vehicle weight at
efficient vehicles that do not meet the or below 8500 lbs. GVWR, so the
established occupancy requirement will economy requirements until 2011,1 as
described in 49 U.S.C. 32908(a). standards for medium-duty vehicles are
no longer be eligible to use HOV not relevant to the proposal.
facilities. The Tier 2 emission standards are
based on a system of emission bins in Since 23 U.S.C. 166 specifies that
According to section 1121(c) of
which light-duty vehicles and light-duty vehicles meet ‘‘the Tier II emission
SAFETEA–LU, it is the sense of
trucks are certified in one of eight bins; 2 level’’, and since Tier 2 Bin 5 represents
Congress to provide additional
Bin 1 represents the cleanest or lowest the required manufacturer fleet average,
incentives (including the use of HOV
emitting vehicles, and Bin 8 represents this action proposes that in order to be
facilities on State and Interstate
the highest emitting vehicles of the Tier considered as a ‘‘low emission vehicle,’’
highways) for the purchase and use of
2 bins. Thus, some Tier 2 vehicles will a vehicle must comply with Tier 2 Bin
hybrid and other fuel efficient vehicle
be more polluting than others. The 5 or better (Bins 5, 4, 3, 2 and 1). For
technologies, which have been proven
emission standards for a manufacturer’s the purpose of this proposal, we are
to reduce exhaust emissions and
vehicle fleet must comply on average considering vehicles certified to the
decrease fossil fuel consumption by the
with the Tier 2 Bin 5 level. Thus, the California LEV II standards (13 CCR
transportation sector.
EPA believes that this proposed 1961(a)(1)) for passenger cars and light
rulemaking appropriately meets the 1 The National Highway Traffic Safety trucks (LEV II, ULEV II, SULEV II,
requirements of 23 U.S.C. 166 by Administration recently finalized a rulemaking, PZEV, and ZEV) as meeting the Tier 2
‘‘Average Fuel Economy Standards for Light Trucks emission level, because the emission
providing a useful methodology for Model Years 2008–2011’’ (March 29, 2005), that
designating vehicles as low emission extends fuel economy provisions for CAFE for levels required by those standards are
and energy-efficient, thereby furthering medium-duty passenger vehicles weighing 8501– equivalent to or more stringent than the
the intent of Congress.
10,000 lbs. GVWR. However, these provisions do Tier 2 Bin 5 level (13 CCR 1961(a)(1)).
not take effect until 2011 and thus will not impact There are several reasons why EPA
this notice. http://www.nhtsa.dot.gov/staticfiles/

II. What Are EPA’s Proposed DOT/NHTSA/Rulemaking/Rules/ believes it is appropriate to propose that
Requirements for the Certification of Associated%20Files/2006FinalRule.pdf, last viewed
Low Emission and Energy-Efficient 4/5/06. 3 http://www.arb.ca.gov/msprog/levprog/levii/
Vehicles? 2 In actuality, there are up to 11 Bins for Tier 2. levii.htm, last viewed 4/5/06.
However, Bins 9–11 are only interim phase-in bins 4 California passenger cars include light-duty
To fulfill the requirements of 23 that expired at the end of the 2006 model year for vehicles and light-duty trucks, including most sport
U.S.C. 166, a low emission and energy- cars and light trucks. utility vehicles and most large pickup trucks.
a vehicle must meet EPA Tier 2 Bin 5 economy criteria referenced above, 23 if a vehicle is ‘‘energy efficient’’ under
or better to be designated as ‘‘low U.S.C. 166 allows specified alternative the meaning of 23 U.S.C. 166.
emission.’’ First, these standards meet fuel vehicles to be considered as energy- For these reasons, we are therefore
the 23 U.S.C. 166 requirement that efficient. The specified alternative fuels proposing that the fuel economy values
vehicles meet the Tier 2 emission level, that are covered by 23 U.S.C. 166, and to be used are the unadjusted city,
which is best understood to mean the hence this proposal, are listed in section highway and combined values used to
average level. Second, EPA believes it is D below. determine CAFE (referred to hereafter as
appropriate to limit the bins to Tier 2 ‘‘unadjusted’’ city, highway, and
1. What Fuel Economy Values Are Being combined fuel economy). These values
Bin 5 or cleaner, because Bin 5
Used To Determine if a Vehicle Is provide a more constant baseline for
represents the required manufacturer
Energy-Efficient? comparison.
fleet average emission standard. Any
vehicle certified to comply with a less To ensure that there is no added test
burden imposed on manufacturers, we 2. How Is EPA Proposing To Determine
stringent bin would have emission a ‘‘Comparable Vehicle’’?
levels higher than the required fleet are proposing that the fuel economy
average, and thus is not reasonably values to be used to determine if a The Transportation Act did not
considered a ‘‘low emission’’ vehicle. vehicle is energy-efficient are the specify what criteria EPA should use in
Third, this proposal is generally unadjusted city, highway and combined determining what a ‘‘comparable’’
consistent with a separate statutory fuel economy values obtained during vehicle is. There are considerable
requirement in the Energy Policy Act of the fuel economy testing required under challenges in determining a
2005 (hereafter referred to as ‘‘Energy the Energy Policy and Conservation Act ‘‘comparable’’ vehicle. There are infinite
Act’’) (Pub. L. 109–58, August 8, 2005) of 1975 (EPCA). Under EPCA, EPA is parameters against which a comparison
which requires a vehicle to meet, at a required to determine the test methods could be made. For instance, should the
minimum, the Tier 2 Bin 5 emission and calculations for two major fuel comparison parameters consider similar
levels, along with a minimum fuel economy programs: Corporate Average vehicle weights, similar body designs,
economy, in order to qualify for a motor Fuel Economy (CAFE) and consumer- similar power ratings, similar make/
vehicle tax credit. friendly fuel economy information (city model names, similar transmission
Therefore, based on the rationale and highway estimates posted on new types, similar drive trains, etc.
described above, this action proposes vehicle labels). The underlying tests Moreover, EPA, as well as other
that a ‘‘low emission’’ vehicle must be specified by EPA are the same for both government agencies, has described,
certified to the EPA Tier 2 Bin 5 or programs; however, the resulting city, either by regulation or by policy, so-
cleaner, or California LEV–II, ULEV–II, highway, and combined fuel economy called ‘‘comparable’’ vehicle classes in
SULEV–II, PZEV, and ZEV emission results are different. which vehicles are lumped together
levels for light-duty vehicles and light- The CAFE values are based on two based on some sorts of similarities. For
duty trucks up to 8500 lbs. GVWR. tests—the city test and the highway test. the purpose of this proposed rule, we
The test results are combined by considered three different methods to
B. How Is EPA Proposing To Determine harmonically averaging them, with city look at ‘‘comparable’’ vehicles. These
an Energy-Efficient Vehicle? weighted 55 percent and highway are: (1) A hybrid-to-gasoline vehicle
23 U.S.C. 166 states that a vehicle weighted 45 percent. The combined comparison (the method we are
must be ‘‘energy-efficient’’ in order to be city-highway fuel economy value is then proposing in this action), (2) a grouping
eligible for exemption from the HOV put through a series of complex of vehicles into inertia weight classes as
facility occupancy requirements. In calculations to determine the specified in the 2005 Energy Act, and
particular, section 166(f)(3)(B) states manufacturers’ average fuel economy (3) a comparison to the ‘‘Best in Class’’,
that the term ‘‘energy-efficient’’ vehicle values separately for their entire car and using the comparable classes used by
means: truck fleets. EPA’s annual Fuel Economy Guide,
(1) A vehicle that achieves a 50 The label values for 2007 and earlier which is jointly published by EPA and
percent increase in city fuel economy at models are likewise based on the same DOE. Further detail can be found in the
a minimum or a 25 percent increase in two city and highway tests. However, Draft Technical Support Document,
combined city-highway fuel economy at the results are adjusted downward (the which has been placed in the docket for
a minimum relative to a comparable city by 10 percent and the highway by this rulemaking (EPA–HQ–OAR–2005–
gasoline-fueled vehicle, excluding 22 percent), to better match a driver’s 0173).
gasoline-hybrid technologies; or real-world fuel economy experience. For In choosing a comparison strategy for
(2) An alternative fuel vehicle. 2008 and later models, EPA recently this proposal, we considered the intent
EPA’s proposed methodology for finalized new regulations removing of Congress which, according to 23
determining a comparable gasoline- those adjustment factors and instead U.S.C. 166, was to ‘‘provide additional
fueled vehicle (excluding hybrid requiring data from three additional incentives (including the use of HOV
technology), and thus determining tests to be included in the calculations facilities on State and Interstate
eligibility for an HOV occupancy to bring the estimates even closer to highways) for the purchase and use of
exemption based on a fuel economy drivers’ experience. (71 FR 77872, hybrid and other fuel efficient vehicles’’
comparison, is described below. In December 27, 2006). The fuel economy (23 U.S.C. 166(c)). We also considered
addition, to help ensure HOV facility of 2008 and later models will not be the potential for lane degradation
performance would not be degraded as able to be easily compared to that of caused by allowing more vehicles in
a result of the occupancy exemption, 23 earlier models. Not only would this be HOV facilities as determined by the
U.S.C. 166 provides states with the more complex to administer, it would number of vehicles that would qualify
discretion to require more stringent fuel create the possibility for consumer for the occupancy exemption under the
economy criteria (that is, a greater city confusion in that a 2008 vehicle may comparison strategy. A shorter, more
or city-highway fuel economy percent not qualify whereas its identical 2007 conservative list that highlights truly
increase) for their HOV programs. counterpart would (or vice versa). For energy-efficient vehicles would help to
In addition to defining an energy- that reason, it is less desirable to use the minimize any additional vehicle volume
efficient vehicle based on the fuel label values as the basis for determining added to HOV facilities.
Based on our evaluation of each for each model year. For example, the value for the comparison gasoline
potential ‘‘comparison vehicle’’ Honda Insight is classified as a ‘‘two- vehicle.
methodology, we are proposing to seater.’’ For each model year, we would (4) Evaluate the results according to
compare hybrid-electric vehicles to their identify all of the ‘‘two-seater’’ gasoline the following criteria:
gasoline counterparts, that is, those of vehicles and determine the median
the same or similar make and model unadjusted city and unadjusted Æ If the candidate hybrid vehicle’s
type, to see if the fuel economy of the combined city-highway fuel economy city fuel economy is 50 percent greater
hybrid had the prescribed percent values. These fuel economy values than the city fuel economy value of its
increase over the gasoline model. This would form the baseline fuel economy gasoline counterpart then the vehicle
method only compares hybrid vehicles values to be used for the Honda Insight would qualify as energy-efficient;
to gasoline vehicles, and does not comparison. Æ If the candidate hybrid vehicle’s
compare any gasoline, diesel, or As fuel economy can vary from year combined city-highway fuel economy is
flexible-fuel vehicles to a gasoline to year, these comparisons must be 25 percent greater than the combined
vehicle.5 made separately for each model year. city/fuel economy of its gasoline
This methodology appears to best counter part, then the vehicle would
(2) How is the comparison determined,
reflect the intent of Congress expressed qualify as energy-efficient; or
based on a percent increase in vehicle
in 23 U.S.C. 166(c) and in the legislative Æ Conversely, if the hybrid vehicles
fuel economy value?
history of this provision.6 do not meet either of these required fuel
We are proposing the following
(1) How does EPA propose to develop economy thresholds relative to their
process for making a fuel economy
baseline fuel economy values for the gasoline counterparts, then the vehicle
comparison using the hybrid-to-gasoline
hybrid-to-gasoline vehicle comparison would not qualify as energy-efficient.
vehicle comparison methodology:
methodology? (1) Determine the list of all hybrid Based on the low emission and
In this method, hybrid vehicles would vehicles (separately for each model energy-efficient vehicle criteria using
be compared to their gasoline namesake year) emission-certified by EPA prior to the hybrid-to-gasoline vehicle
counterparts (e.g. the Ford Escape September 30, 2009. comparison methodology described
Hybrid would be compared to the Ford (2) For hybrid vehicles with a similar above, the potential lists of vehicles
Escape gasoline model). gasoline counterpart, compare the eligible for an HOV occupancy
However, there are some hybrids that unadjusted city and unadjusted exemption are shown in Tables 1 and 2
do not have similar gasoline combined city-highway fuel economy below. These lists are based on the most
counterparts (e.g. the Honda Insight and values to the similar gasoline recent certification data available to
the Toyota Prius). For those vehicles, counterpart. EPA through model year 2007. This list
EPA is proposing that the comparison (3) For hybrid vehicles with no will be expanded as necessary to
be based on gasoline vehicles within the similar gasoline counterpart, calculate include additional 2007–2010 model
same comparable class as used EPA’s the median unadjusted city and/or year vehicles certified by EPA. It is also
annual Fuel Economy Guide, which is unadjusted combined city-highway fuel important to note that an individual
jointly published by EPA and DOE. The economy values for all gasoline vehicles state’s list may differ from these lists,
median unadjusted fuel economy of all in the same EPA comparable vehicle since states have the option to increase
the gasoline vehicles in that class would class and then compare the hybrid the stringency of the designated fuel
be determined, and then compared vehicle fuel economy values to the economy percent increase values. States
against the hybrid’s fuel economy. This median unadjusted city fuel economy do not have the option to increase the
comparison would be done separately value and the unadjusted city-highway emission standard stringency.
TABLE 1.—LIST OF ELIGIBLE LOW EMISSION AND ENERGY-EFFICIENT VEHICLES USING THE HYBRID-TO-GASOLINE VEHICLE
COMPARISON METHODOLOGY
City FE Cmb FE
Unadj
Fuel economy Tier Unadj city Inc over Inc over
MY Mfr Vehicle model Engine family Tran Cmb FE
guide class 2 std FE (mpg) baseline baseline
(mpg)
(%) (%)
CARS
2003 Honda ............ Civic Hybrid ... 3HNXV01.36CV .. AV ... Compact ........ B5 ... 52.6 52 56.0 75
2003 Honda ............ Civic Hybrid ... 3HNXV01.36CV .. M5 ... Compact ........ B5 ... 50.0 59 55.7 74
2003 Honda ............ Insight ............ 3HNXV01.0PCE AV ... Two-seater ..... B5 ... 62.8 249 66.4 66
2004 Honda ............ Civic Hybrid ... 4HNXV01.37CP .. AV ... Compact ........ B5 ... 52.6 50 56.0 75
2004 Honda ............ Civic Hybrid ... 4HNXV01.37CP .. M5 ... Compact ........ B5 ... 50.0 42 55.7 74
2004 Honda ............ Insight ............ 4HNXV01.0NCE AV ... Two-seater ..... B5 ... 62.8 214 66.4 66
2004 Toyota ............ Prius ............... 4TYXV01.5MC1 .. AV ... Midsize ........... B3 ... 66.6 200 65.8 106
2005 Honda ............ Civic Hybrid ... 5HNXV01.3YCV AV ... Compact ........ B2 ... 52.6 50 56.0 41
2005 Honda ............ Civic Hybrid ... 5HNXV01.3YCV M5 ... Compact ........ B2 ... 50.0 42 55.7 40
2005 Honda ............ Insight ............ 5HNXV01.0XCE AV ... Two-seater ..... B5 ... 62.8 224 66.4 185
2005 Honda ............ Accord Hybrid 5HNXV03.01B4 .. L5 .... Midsize ........... B5 ... 32.2 37 37.48 32
5 Alternate fuel vehicles are considered ‘‘energy- emission or energy efficient vehicle not meeting technology may access the HOV lane if the EPA
efficient,’’ but not subject to this comparison occupancy requirements that is propelled by on- certifies that it has achieved not less than a 50-
criterion. board hybrid technologies, the conferees have percent increase in city fuel economy or not less
6 See House Report 109–203, pp. 852–53: agreed to accept language in the Senate-passed than a 25-percent increase in combined city-
With respect to the determination of fuel legislation. Under this subsection, a low emission highway fuel economy * * *
economy performance requirements for a low or energy efficient vehicle propelled by hybrid
TABLE 1.—LIST OF ELIGIBLE LOW EMISSION AND ENERGY-EFFICIENT VEHICLES USING THE HYBRID-TO-GASOLINE VEHICLE
COMPARISON METHODOLOGY—Continued
City FE Cmb FE
Unadj
Fuel economy Tier Unadj city Inc over Inc over
guide class 2 std FE (mpg) baseline baseline
(mpg)
(%) (%)
2006 Honda ............ Civic Hybrid ... 6HNXV01.3XCP AV ... Compact ........ B2 ... 54.6 62 58.8 51
2006 Honda ............ Insight ............ 6HNXV01.0VK5 .. AV ... Two-seater ..... B5 ... 62.8 211 66.4 173
2007 Honda ............ Accord Hybrid 7HNXV03.0ZMC L5 .... Midsize ........... B2 ... 31.3 37 36.3 31
2007 Honda ............ Civic Hybrid ... 7HNXV01.3JCP .. AV ... Compact ........ B2 ... 54.6 67 58.8 51
2007 Toyota ............ Camry Hybrid 7TYXV02.4HC1 .. AV ... Midsize ........... B3 ... 44.2 66 45.9 44
2007 Toyota ............ Prius ............... 7TYXV01.5HC1 .. AV ... Midsize ........... B3 ... 66.6 210 65.8 154
TRUCKS
2005 Ford ............... Escape Hybrid 5FMXT02.31EE .. AV ... SUV ............... B4 ... 39.6 65 39.5 46
2WD.
4WD.
4WD.
FWD.
2006 Lexus ............. RX 400H 2WD 6TYXT03.3CC1 .. AV ... SUV ............... B3 ... 36.8 141 36.2 96
2006 Lexus ............. Tribute Hybrid 6FMXT02.32EE .. AV ... SUV ............... B4 ... 36.6 59 36.7 41
4WD.
2006 Mercury .......... Mariner Hybrid 6FMXT02.32EE .. AV ... SUV ............... B4 ... 36.6 75 36.7 53
4WD.
2006 Toyota ............ Highlander Hy- 6TYXT03.3CC1 .. AV ... SUV ............... B3 ... 36.8 72 36.2 45
brid 2WD.
brid 4WD.
2007 Ford ............... Escape Hybrid 7FMXT02.32ZE .. AV ... SUV ............... B3 ... 35.8 55 36.5 39
2WD.
2007 Ford ............... Escape Hybrid 7FMXT02.32ZE .. AV ... SUV ............... B3 ... 41.1 64 40.6 45
FWD.
2007 Mercury .......... Mariner Hybrid 7FMXT02.32ZE .. AV ... SUV ............... B3 ... 35.8 55 36.5 39
4WD.
brid 2WD.
brid 4WD.
DEDICATED ALTERNATIVE FUEL (CNG) VEHICLES
2003 Honda ............ Civic—CNG ... 3HNXV01.73W3 N/A B2 ... DEDICATED ALTERNATIVE FUEL (CNG)
VEHICLE.
2004 Honda ............ Civic—CNG ... 4HNXV01.74W0 N/A B2 ... DEDICATED ALTERNATIVE FUEL (CNG)
VEHICLE.
2005 Honda ............ Civic—CNG ... 5HNXV01.7BF3 .. N/A B2 ... DEDICATED ALTERNATIVE FUEL (CNG)
VEHICLE.
2003 Ford ............... Crown Vic- 3FMXV04.6VP5 .. N/A B3 ... DEDICATED ALTERNATIVE FUEL (CNG)
toria—CNG. VEHICLE.
2004 Ford ............... Crown Vic- 4FMXV04.6VP5 .. N/A B3 ... DEDICATED ALTERNATIVE FUEL (CNG)
toria—CNG. VEHICLE.
Unless noted as a dedicated alternative fuel vehicle, all of the listed vehicles operate on gasoline, and some may also be flexible-fuel vehicles.
MY = Model Year
Mfr = Manufacturer
Tran = Transmission type
Int Wgt = Inertia Weight Class
Std = Standard
Unadj = Unadjusted
FE = Fuel Economy
Inc = Increase
Cmb = Combined city-highway
B = Bin
For states that have adopted the standards, based on the California LEV– ZEV) emission standards for passenger
California emission certification II (LEV–II, ULEV–II, SULEV–II, and vehicles and a comparison based on the
hybrid-to-gasoline vehicle comparison vehicles eligible for the HOV occupancy

methodology or a dedicated alternative exemption is as follows:
fuel vehicle, the proposed list of
TABLE 2.—LIST OF CALIFORNIA-CERTIFIED ELIGIBLE LOW EMISSION AND ENERGY-EFFICIENT VEHICLES USING THE
HYBRID-TO-VEHICLE VEHICLE COMPARISON METHODOLOGY
City FE Cmb FE
Unadj
Fuel economy LEV- Unadj city Inc over Inc over
guide class II std FE (mpg) baseline baseline
(mpg)
(%) (%)
CARS
2003 ..... Honda ...... Civic Hybrid .... 3HNXV01.36CV ... AV ... Compact ......... S2 ... 52.6 52 56.0 45
2003 ..... Honda ...... Civic Hybrid .... 3HNXV01.36CV ... M5 ... Compact ......... S2 ... 50.0 59 55.7 46
2003 ..... Honda ...... Insight ............. 3HNXV01.0PCE .. AV ... Two-Seater ..... S2 ... 62.8 249 66.4 201
2004 ..... Honda ...... Civic Hybrid .... 4HNXV01.37CP ... AV ... Compact ......... S2 ... 52.6 50 56.0 41
2004 ..... Honda ...... Civic Hybrid .... 4HNXV01.37CP ... M5 ... Compact ......... S2 ... 50.0 42 55.7 40
2004 ..... Honda ...... Insight ............. 4HNXV01.0NCE .. AV ... Two-seater ...... S2 ... 62.8 214 66.4 177
2004 ..... Toyota ...... Prius ................ 4TYXV01.5MC1 ... AV ... Midsize ............ S2 ... 66.6 200 65.8 139
2005 ..... Honda ...... Civic Hybrid .... 5HNXV01.3YCV .. AV ... Midsize ............ S2 ... 52.6 50 56.0 41
2005 ..... Honda ...... Civic Hybrid .... 5HNXV01.3YCV .. M5 ... Compact ......... S2 ... 50.0 42 55.7 40
2005 ..... Honda ...... Insight ............. 5HNXV01.0XCE .. AV ... Compact ......... S2 ... 62.8 224 66.4 185
2005 ..... Honda ...... Accord Hybrid 5HNXV03.01B4 ... L5 .... Midsize ............ S2 ... 32.2 37 37.48 32
2005 ..... Toyota ...... Prius ................ 5TYXV01.5MC1 ... AV ... Two-seater ...... S2 ... 66.6 201 65.8 140
2006 ..... Honda ...... Civic Hybrid .... 6HNXV01.3XCP .. AV ... Midsize ............ S2 ... 54.6 62 58.8 51
2006 ..... Honda ...... Insight ............. 6HNXV01.0VK5 ... AV ... Compact ......... S2 ... 62.8 211 66.4 173
2006 ..... Toyota ...... Prius ................ 6TYXV01.5MC1 ... AV ... Two-seater ...... S2 ... 66.6 200 65.8 144
2007 ..... Honda ...... Accord Hybrid 7HNXV03.0ZMC .. L5 .... Midsize ........... S2 ... 31.3 37 36.3 31
2007 ..... Honda ...... Civic Hybrid .... 7HNXV01.3JCP ... AV ... Midsize ........... S2 ... 54.6 67 58.8 51
2007 ..... Toyota ...... Camry Hybrid .. 7TYXV02.4HC1 ... AV ... Midsize ............ S2 ... 44.2 66 45.9 44
2007 ..... Toyota ...... Prius ................ 7TYXV01.5HC1 ... AV ... Midsize ........... S2 ... 66.6 210 65.8 154
TRUCKS
2005 ..... Ford ......... Escape Hybrid 5FMXT02.31EE ... AV ... 4000 ................ S2 ... 39.6 65 39.5 46
2WD.
2005 ..... Ford ......... Escape Hybrid 5FMXT02.31EE ... AV ... 4000 ................ S2 ... 36.6 78 36.7 57
4WD.
2006 ..... Ford ......... Escape Hybrid 6FMXT02.32EE ... AV ... SUV ................ S2 ... 36.6 59 36.7 41
4WD.
2006 ..... Ford ......... Escape Hybrid 6FMXT02.32EE ... AV ... SUV ................ S2 ... 39.6 59 39.5 42
FWD.
2006 ..... Lexus ....... RX 400H 2WD 6TYXT03.3CC1 ... AV ... SUV ................ S2 ... 36.8 141 36.2 96
2006 ..... Mazda ...... Tribute Hybrid 6FMXT02.32EE ... AV ... SUV ................ S2 ... 36.6 59 36.7 41
4WD.
2006 ..... Mercury .... Mariner Hybrid 6FMXT02.32EE ... AV ... SUV ................ S2 ... 36.6 75 36.7 53
4WD.
2006 ..... Toyota ...... Highlander Hy- 6TYXT03.3CC1 ... AV ... SUV ................ S2 ... 36.8 72 36.2 45
brid 2WD.
brid 4WD.
2007 ..... Ford ......... Escape Hybrid 7FMXT02.32ZE ... AV ... SUV ................ S2 ... 35.8 55 36.5 39
4WD.
2007 ..... Ford ......... Escape Hybrid 7FMXT02.32ZE ... AV ... SUV ................ S2 ... 41.1 64 40.6 45
FWD.
2007 ..... Lexus ....... RX 400H 2WD 7TYXT03.3CC1 ... AV ... SUV ................ S2 ... 35.7 135 35 95
2007 ..... Mercury .... Mariner Hybrid 7FMXT02.32ZE ... AV ... SUV ................ S2 ... 35.8 55 36.5 39
2007 ..... Toyota ...... Highlander Hy- 7TYXT03.3CC1 ... AV ... SUV ................ S2 ... 35.7 103 35 69
brid 2WD.
brid 4WD.
DEDICATED ALTERNATIVE FUEL (CNG) VEHICLES
2004 ..... Honda ...... Civic—CNG .... 4HNXV01.74W2 .. N/A S2 ... DEDICATED ALTERNATIVE FUEL (CNG)
VEHICLE.
2005 ..... Honda ...... Civic—CNG .... 5HNXV01.7BF4 ... N/A S2 ... DEDICATED ALTERNATIVE FUEL (CNG)
VEHICLE.
Unless noted as a dedicated alternative fuel vehicle, all of the listed vehicles operate on gasoline, and some may also be flexible-fuel vehicles.
MY = Model Year
Mfr = Manufacturer
Tran = Transmission
Int Wgt = Inertia Weight Class

Std = Standard
Unadj = Unadjusted
FE = Fuel Economy
Inc = Increase
Cmb = Combined city-highway
S2 = SULEVII
U2 = ULEVII
3. What Other Methods Did EPA baseline combined city-highway fuel analyze annual sales data, which is
Consider for Determining a economy value would then be used as often provided later in the model year
‘‘Comparable Vehicle’’? the basis for the fuel economy than the date when a baseline would be
(a) Inertia Weight Class Methodology comparison for each inertia weight required. Overall, EPA believes this
class, separately for cars and trucks. approach would have a benefit of
EPA also considered using inertia The baseline city fuel economy value streamlining the implementation of the
weight classes to determine comparable would be the unadjusted CAFE city fuel rule without impacting its effectiveness.
vehicles. This approach would consider economy as described above in section For the inertia weight class
all vehicles, regardless of fuel type or B.1 for the 2002 model year, as specified methodology, the following process
technology, as potentially energy- in the 2005 Energy Act. EPA believes would be used for making a fuel
efficient, rather than just hybrid that the baseline city fuel economy in economy comparison:
vehicles, as under the hybrid-to-gasoline the 2005 Energy Act was derived from (1) Sort the list of all potential
vehicle comparison method. Thus, any gasoline vehicles only (excluding any vehicles (all model years available for
gasoline, diesel, flexible-fuel, or hybrid gasoline-fueled hybrids) based on sale prior to September 30, 2009) into
vehicle could be considered energy- reverse-calculations using a sales- two categories—car and light-duty
efficient, as long as it meets the fuel weighted harmonic average. Further truck.
economy criteria referenced above. detail on how these calculations were (2) Sort both the car list and the light-
EPA considered this fuel-neutral performed can be found in the Draft duty truck list by inertia weight classes.
approach because, while the legislative Technical Support Document, which (3) Compare each vehicle’s
history of SAFETEA–LU indicates an has been placed in the docket for this unadjusted city and unadjusted
intent by Congress to limit this rulemaking (EPA–HQ–OAR–2005– combined city-highway fuel economy
provision to hybrid and alternative fuel 0173).
vehicles, the statutory provisions values to the baseline values separately
With regard to the baseline model for for cars and trucks.
enacted by Congress do not explicitly comparison using the inertia weight
limit this option to those types of (4) Calculate the percent increase in
class method, we considered it most fuel economy for a candidate vehicle
vehicles. Additionally, a fuel-neutral appropriate to use the model year 2002
approach would encourage fuel compared to the baseline for its given
data as a baseline for fuel economy inertia weight class.
efficiency for all types of vehicles, not comparisons for two reasons. First, the
just hybrid vehicles. On the other hand, (5) Evaluate the results according to
model year 2002 data was chosen in the the following criteria:
this approach would increase the 2005 Energy Act for alternative motor
number of vehicles potentially eligible a. If the percent increase for city fuel
vehicle tax credit purposes. Second, the economy is greater than 50 percent over
to use HOV facilities under this EPA Fuel Economy Trends Report
provision, which could create the the baseline city fuel economy for the
(EPA420–R–06–011, July 2006) shows given inertia weight class, then the
potential for substantial HOV lane that overall fuel economy has been
degradation. We are not proposing this vehicle would qualify as energy-
relatively constant over the past eight efficient;
method, but request comment on it. model years, except for light truck fuel
With the inertia weight class b. If the percent increase for combined
economy, which has increased for two city-highway fuel economy is greater
methodology, a comparable vehicle years. This increase is likely due, at
would be based on vehicle inertia than 25 percent over the baseline
least in part, to higher light-truck CAFE combined city-highway fuel economy
weight classes,7 which are consistent standards. Overall, fuel economy has
with those prescribed by the 2005 for the given inertia weight class, then
been influenced by marginal changes in the vehicle would qualify as energy-
Energy Act. As the inertia weight classes
gasoline technology prior to the efficient; or
are already defined in the 2005 Energy
introduction of hybrid technology.9 c. Conversely, if the candidate
Act,8 with an associated baseline city
Thus, choosing a 2002 baseline can still vehicle’s fuel economy does not meet
fuel economy value, the definition of a
be considered an appropriate baseline these required thresholds when
comparable vehicle would be based on
value for vehicle fuel economy compared to the baseline fuel economy
the average fuel economy of all gasoline
comparisons, as it was calculated with for that inertia weight class category of
vehicles within the same inertia weight
gasoline vehicles whose overall fuel that vehicle, then the vehicle would not
class for a vehicle type (car or truck). A
economy performance has remained qualify as energy-efficient.
baseline city fuel economy value and a
somewhat constant for many years, Therefore, to qualify under the inertia
7 Inertia weight classes are determined by EPA
except for the increase seen in light weight class methodology, a candidate
regulations at 40 CFR 86.129–94. Inertia weight trucks over the last two years. vehicle must achieve 25 percent or
class is the class into which a vehicle is grouped Furthermore, applying one baseline for better city fuel economy or 50 percent
for testing purposes based on its loaded vehicle all model year comparisons would or better combined city-highway fuel
weight (nominal empty vehicle weight plus 300 lbs.

used for cars and for light-duty trucks up through
reduce time spent generating annual economy than the average of all vehicles
6000 lbs. GVWR) or adjusted loaded vehicle weight baselines and reduces the need to in its inertia weight class.
(average of nominal empty weight and gross vehicle Using this approach, the lists of
weight rating used for light-duty trucks greater than 9 Hellman, Karl, and Robert Heavenrich. ‘‘Light-
6000 lbs. GVWR). Duty Automotive Technology and Fuel Economy
potentially qualifying vehicles include a
8 § 30B.1(b)(2)(B)(i) of Internal Revenue Code, 26 Trends: 1975 Through 2004’’ (FE Trends). EPA420– few models that fail to achieve the level
U.S.C. R–04–001, 2004. of the CAFE standard. Therefore, we
believe that an additional criterion is (1) Sort the list of all hybrid vehicles A complete discussion of the ‘‘best in
necessary to determine if a vehicle is (all model years certified for sale prior class’’ methodology, including the list of
fuel efficient, not only on a relative to September 30, 2009) by the vehicle vehicles that would qualify using this
basis, but on an absolute basis as well. classes defined in the annual Fuel approach, can be found in the technical
Thus it is appropriate to add an Economy Guide (http:// support document located in the docket
additional comparison criterion, to be www.fueleconomy.gov/feg/feg2000.htm) for this rulemaking.
used as a ‘‘floor’’ to prevent the for each model year. The vehicle classes EPA requests comment on using the
inclusion of vehicles which may be fuel are defined in the Fuel Economy Guide ‘‘best in class’’ methodology as a means
efficient relative to others in the same as follows: Two-seater, Minicompact for defining a comparable vehicle.
inertia weight class, but which fail to Vehicle, Subcompact Vehicle, Compact
have a combined fuel economy that is Vehicle, Midsize Vehicle, Large Vehicle, C. Will All Hybrid Vehicles Qualify for
higher than 25 percent above the Small Station Wagon, Midsize Station the HOV Facilities Exemption?
applicable CAFE car or truck standard. Wagon, Large Station Wagon, Small
(1) Hybrids That Do Not Meet the Low
For example, the 2007 CAFE standard Pickup Truck, Standard Pickup Truck,
Emission Criterion
for light trucks is 22.2 miles per gallon Passenger Van, Cargo Van, Minivan,
(MPG). In order for a light truck to Sport Utility Vehicle (SUV), and Special As discussed in this proposal, in
qualify for use in HOV facilities using Purpose Vehicle. order for a vehicle to qualify for HOV
the inertia weight class method, it (2) For each model year and each exemptions, that vehicle must be
would have to meet a minimum fuel vehicle class, determine which gasoline considered both low-emission and
economy of 27.75 MPG in order to vehicle has the highest unadjusted city energy-efficient. As discussed above,
qualify. We believe that this additional and unadjusted city-highway combined EPA is proposing that vehicles must be
criterion is in keeping with the fuel economy values. For example, for certified to comply with EPA’s Tier 2
Transportation Act requirement that the the 2006 model year, the compact Bin 5 or cleaner emission standards (or
combined fuel economy be 25 percent vehicle with the highest unadjusted city the equivalent CARB emissions
better than a comparable gasoline and unadjusted combined city-highway standards) in order to be considered as
vehicle. fuel economy values is the Toyota ‘‘low emission.’’ When we apply this
A complete discussion of the inertia Corolla. The Toyota Corolla would be criterion, there are some hybrid electric
weight class methodology, including the the comparison vehicle for any 2006 vehicles which do not meet the Tier 2
list of vehicles that would qualify using hybrid vehicle that is classified as a Bin 5 or better threshold. The 2003
this approach, can be found in the Draft compact car. In this case, the 2006 Toyota Prius would not qualify for the
Technical Support Document located in Honda Civic hybrid is the only hybrid HOV exemption because it does not
the docket for this rulemaking. classified as a compact car. meet the Tier 2 Bin 5 or better criterion
EPA requests comment on using the (3) Compare the hybrid vehicle fuel for ‘‘low emission’’ as proposed in this
inertia weight class methodology as a unadjusted economy values to the action. In addition, some versions of the
means for defining a comparable unadjusted city fuel economy value and Honda Insight and Honda Civic Hybrid
vehicle. the unadjusted city-highway fuel in specific model years would not
(b) ‘‘Best in Class’’ Methodology economy value for the comparison qualify. To distinguish which versions
gasoline vehicle. of the Insight and Civic Hybrid would
EPA also considered defining a (4) Evaluate the results according to
‘‘comparable vehicle’’ as the vehicle qualify from those that would not, it is
the following criteria: necessary to know the EPA engine
with the best fuel economy of a Æ If the percent increase for city fuel
particular class of vehicles as defined by family name (also referred to as ‘‘test
economy is greater than 50 percent over
the annual Fuel Economy Guide, which group name’’), which is the unique EPA
the baseline city fuel economy for the
is jointly published by EPA and DOE. identifier pointing to the manufacturer’s
given specific vehicle, then the vehicle
This approach is not a fuel and emission certification for that vehicle.
would qualify as energy-efficient;
technology neutral approach, meaning Æ If the percent increase for combined This identifier is required to be printed
that it only considers hybrid vehicles. city-highway fuel economy is greater on the emission information label
No gasoline, diesel, or flexible-fuel than 25 percent over the baseline located under the hood of every vehicle.
would be considered for an HOV combined city-highway fuel economy Table 3 below shows the Honda Civic
facilities exemption using this for the given specific vehicle, then the Hybrid and Insight models which would
methodology. The primary benefit of vehicle would qualify as energy- not comply with Tier 2 Bin 5 or better
this approach is that it would result in efficient; or emission standards, along with their
the smallest list of eligible vehicles and Æ Conversely, if the candidate model year counterparts which are Bin
thus have the least potential impact on vehicle’s fuel economy does not meet 5 or better and would therefore qualify
traffic congestion. these required thresholds when for an HOV facilities exemption. These
For the ‘‘best in class’’ methodology, compared to the baseline fuel economy vehicles would not qualify regardless of
the following process would be used for for that class of vehicle, then the vehicle which fuel efficiency methodology is
making a fuel economy comparison: would not qualify as energy-efficient. applied.
TABLE 3.—COMPARISON OF ENGINE FAMILIES/TEST GROUPS THAT WOULD OR WOULD NOT QUALIFY BASED ON THE TIER
2 BIN 5 OR BETTER CRITERION
Engine family/test groups that Engine family/test group that
Model year and name do not qualify would qualify
2003 Honda Civic Hybrid ..................................................................................... 3HNXV01.34A5 3HNXV01.36CV

2004 Honda Civic Hybrid ..................................................................................... 4HNXV01.35A6 4HNXV01.37CP
2005 Honda Civic Hybrid ..................................................................................... 5HNXV01.33A6 5HNXV01.3YCV
2003 Honda Insight ............................................................................................. 3HNXV01.01A4 3HNXV01.0PCE
TABLE 3.—COMPARISON OF ENGINE FAMILIES/TEST GROUPS THAT WOULD OR WOULD NOT QUALIFY BASED ON THE TIER
2 BIN 5 OR BETTER CRITERION—Continued
Engine family/test groups that Engine family/test group that
Model year and name do not qualify would qualify
2004 Honda Insight ............................................................................................. 4HNXV01.02A6 4HNXV01.0NCE

2005 Honda Insight ............................................................................................. 5HNXV01.02A6 5HNXV01.0XCE
2006 Honda Insight ............................................................................................. 6HNXV01.0YJV 6HNXV01.0VK5
(2) Hybrids That Would Not Meet the yield substantial energy security and at somewhat less than one percent.10
Fuel Efficiency Criteria environmental benefits, including fuels Furthermore, while there are around
With the hybrid-to-gasoline vehicle regulated under section 490 of title 10, five million flexible-fuel vehicles on the
comparison methodology, the 2006 Code of Federal Regulations (or road today, the majority of alternative
Honda Accord Hybrid would not qualify successor regulations). fuel refueling stations are located in the
because its unadjusted city and midwestern states, while the majority of
There are, however, typically three
unadjusted city-highway fuel economy HOV facilities reside in urban areas of
different types of vehicles that might be Eastern and Western states, making it
values are not above the 25 percent and considered alternative fuel vehicles—
50 percent thresholds when compared even more unlikely that these vehicles
flexible-fuel vehicles, which can operate would actually be using the alternative
to the closest Honda Accord gasoline on a designated alternative fuel (such as
counterpart. In addition, the 2007 Lexus fuel while in the HOV facilities. There
85 percent ethanol, 15 percent gasoline, is a national effort underway to increase
GS450H would not qualify either. known as E85), on a conventional fuel
Because the 2007 Lexus GS450H, which the availability of alternative fueling
(such as gasoline), or any blend of the stations, especially E85, but it is
is classified as a compact car, does not two; dual-fuel vehicles, which have two unlikely that the numbers will increase
have an identical gasoline counterpart,
separate fuel systems allowing them to significantly before the expiration of
EPA compared its unadjusted city and
operate on either an alternative fuel these HOV exemption provisions.
unadjusted city-highway fuel economy Therefore, to ensure the enforceability
(such as compressed natural gas) or on
to the median fuel economy values of all of the HOV occupancy exemption, this
gasoline-fueled 2007 compact cars. a conventional fuel (such as gasoline);
or dedicated alternative fuel vehicles, notice proposes to allow only dedicated
When making this comparison, the GS alternative fuel vehicles to be eligible
450H unadjusted city and unadjusted which operate solely on a designated
alternative fuel. under the ‘‘energy-efficient’’ provision,
city-highway fuel economy values are provided that they also meet the
not above the 25 percent and 50 percent Since the statute specifies that the proposed minimum ‘‘low-emission’’
thresholds and therefore would not vehicle must be operating on the criteria of Tier 2 Bin 5 or cleaner, as
qualify for an HOV facilities exemption. alternative fuel to qualify for the HOV described in section II.A.1 above.
D. What Alternative Fuel Vehicles Could facilities exemption, and there is no way The dedicated alternative fuel
Qualify for the HOV Facilities to determine that flex-fuel and dual-fuel vehicles that qualify are show above in
Exemption? vehicles are actually using the Tables 1 and 2.
designated alternative fuel while they
Alternative fuel vehicles would also are being operated in an HOV facility, E. How Will EPA Make Available the
qualify as energy-efficient vehicles List of Eligible Vehicles?
we are proposing to exclude dual-fuel
under the HOV provisions in 23 U.S.C. and flex-fuel vehicles from the HOV EPA is proposing to annually update
166. Congress specified that an exemption as ‘‘alternative fuel’’ the list of vehicles which it certifies
alternative fuel vehicle must be would be eligible for exemption from
vehicles. While the computer systems
operating on the alternative fuel in order the HOV facility requirement based on
on flex-fuel vehicles are calibrated to
to be eligible for an exemption from the the low emission and energy-efficient
operate in different manners depending
HOV facility occupancy requirement. requirements. This list of eligible
According to Section 166(f)(1) of 23 on what type of fuel the vehicle is
operating, a state official trying to vehicles would be provided to the
U.S.C. 166, the term ‘‘alternative fuel Department of Transportation, which is
vehicle’’ means a vehicle that is enforce the HOV facility exemptions
responsible for implementation of HOV
operating on: would not be able to visually determine
facilities, including these new HOV
(1) Methanol, denatured ethanol, or which fuel a flexible-fuel or dual-fuel
exemption provisions. EPA would also
other alcohols; vehicle is operating on at any given
consider the most appropriate way to
(2) A mixture containing at least 85 time. Since current enforcement of HOV make the information available to the
percent of methanol, denatured ethanol, requirements relies on vehicle labels general public including posting the list
and other alcohols by volume with that can be easily viewed from a on EPA’s and DOT’s web sites and/or
gasoline or other fuels; distance, verifying that a vehicle is publishing a notice in the Federal
(3) Natural gas; operating on a flexible fuel at any given Register. It is important to note that
(4) Liquefied petroleum gas; time would require a more detailed (and
(5) Hydrogen; while states have the flexibility to
potentially traffic-disrupting) incorporate this HOV occupancy
(6) Coal derived liquid fuels; interaction between enforcement
(7) Fuels (except alcohol) derived exemption for low emission and energy-
officials and the driver, such as efficient vehicles into their HOV facility
from biological materials;
(8) Electricity (including electricity requiring a receipt showing recent proof
from solar energy); or of purchase of the alternative fuel. It is 10 National Highway and Traffic Safety
(9) Any other fuel that the Secretary also important to note that the actual Administration. ‘‘Analysis of the Effects of on
Energy Conservation and the Environment.’’
prescribes by regulation that is not usage rate of an alternative fuel in a http://www.nhtsa.gov/cars/rules/rulings/CAFE/
substantially petroleum and that would flexible or dual-fuel vehicle is estimated alternativefuels/analysis.htm.
programs, they are not required to offer emission and energy-efficient vehicles hybrid vehicle (yellow). The sticker has
it. In addition, because states have the that are eligible for the HOV occupancy a box where a vehicle identification or
option to increase the stringency of the exemption. To date, there are 22 states registration number is located
designated fuel economy percent (AZ, CA, CO, CT, FL, GA, HI, IL, MA, (‘‘XXXXXXXX’’ in Figure 1). This
increase values, an individual state’s list MD, MN, NC, NJ, NY, NV, OR, PA, TN, number links the vehicle to the decal so
may differ from the list of eligible TX, UT, VA, and WA) in addition to that decals cannot be transferred from
vehicles made available by EPA. Washington DC with existing HOV vehicle to vehicle. Since a vehicle that
Therefore, a vehicle on EPA’s list may facilities. does not meet the minimum occupancy
not qualify in one or more states Under TEA–21 (Pub. L. 105–178, June
requirements for use in HOV facilities
depending on how DOT and the states 9, 1998), states were authorized to
must have a special designation, the
choose to implement these regulations. temporarily allow single-occupant clean
fuel (i.e., alternative fuel) vehicles to use decal registration number provides the
Vehicle owners interested in the HOV
facilities exemption must consult with HOV facilities. As a result, many states state with a method for tracking how
their state and local transportation already have labels. Label formats many vehicles have qualified for use in
authorities to ensure that a particular include decals and license plates, and HOV facilities. In addition, these
vehicle qualifies in his or her particular these labels are used to identify the existing formats are important for each
state. vehicle as eligible for the HOV state’s ability to enforce the occupancy
occupancy exemption. exemption allowance of vehicles in its
F. What Labeling Requirements Is EPA An example of California’s 2005 decal HOV facilities.
Proposing for Low Emission and Energy- is depicted in Figure 1. This decal is one
Efficient Vehicles? of four California decals placed on a
Under 23 U.S.C. 166(e)(1), EPA must vehicle and is color-coded to represent
supply requirements for labeling low either an alternative fuel (white) or
We are proposing that vehicles Thus, the requirements for labeling Third, the most important purpose of
allowed in the HOV facilities which do vehicles need to be limited to locales the label is to facilitate a state’s ability
not meet the minimum occupancy where they are eligible for use in HOV to enforce proper use of its HOV
requirement be labeled to identify this facilities. Moreover, since 23 U.S.C. 166 facilities, as well as monitor any
special occupancy exemption. We are allows states to increase the stringency degraded operational performance, by
also proposing to allow states to use of the fuel economy comparison criteria, ensuring that only eligible low emission
their existing decals or license plates, thereby decreasing the Federal list of and energy-efficient vehicles are
provided the format requires the vehicle eligible vehicles to use HOV facilities, permitted in that state’s HOV facilities.
to be registered within the state of use. states need flexibility to label only the Thus, the format for a label must
Other formats may also be deemed eligible vehicles, as opposed to labeling provide flexibility for each state to
appropriate by the Department of all federally eligible vehicles. adopt what it believes is most
Transportation if they meet all labeling Second, since certain states already enforceable.
requirements. have labeling methods, they have a This notice proposes that states would
We are not proposing to require a developed knowledge and local be responsible for printing and/or
single standardized label for a number experience enforcing HOV facilities distributing the labels and, as a result,
of reasons. First, EPA does not believe based on their current labeling method. states could charge a registration fee for
that a federally imposed label would be As a result, it would be potentially time issuing a label to an owner. In addition,
appropriate, since 23 U.S.C. 166 does consuming and costly to require states states would be responsible for tracking
not require states to allow low emission to revise or replace any current labeling the labels by linking each label to a
and energy-efficient vehicles that do not method. It would also place an specific vehicle, through a registration
meet the established occupancy unnecessary inconvenience to vehicle number such as that depicted on Figure
EP24MY07.000</GPH>
requirements in their HOV facilities. owners to have to change labels. 1 or by the license plate number on
license plate formats. States would have for the use in HOV facilities with easily • States must include an expiration
to include information on the label that visible labels for enforcement purposes; date on their labels.
distinguishes a vehicle as low emission • Labels already implemented by We believe it would be most
and as energy-efficient; wording such as States would be acceptable for appropriate for states to develop labels
that on California’s decal (such as continued use. Any state with an HOV for purposes of identifying vehicles that
‘‘Clean Air Vehicle’’) in addition to facility that does not have an existing qualify to be used in HOV facilities.
color coding to distinguish between label would be required to develop one However, we are seeking comment on
alternative fuel and meeting fuel based on the formats already accepted the potential use of a federally-
economy requirements would be or create a new format which includes developed labeling program. By way of
deemed acceptable. Thus options that all proposed requirements and subject example, EPA has developed a
states may want to consider for to approval by the Department of voluntary ‘‘SmartWay’’ program that
designating a vehicle as an eligible low Transportation; includes a variety of ways to reduce
emission and energy-efficient vehicle greenhouse gas and air pollution across
• Labels have a registration number
may include, but are not limited to, a number of different industry sectors.
that would link the label to the
wording or color coding. While the program success to date has
particular vehicle so that labels could
EPA requests comment on how states primarily been in the heavy-duty sector,
not be transferred;
with HOV facilities that border other SmartWay criteria have been established
• States are responsible for printing to designate light-duty vehicles that are
states with HOV facilities (e.g. Virginia and/or distributing the labels;
and Maryland), would address environmental leaders, in terms of
implementation and enforcement of the • Labels easily identify low emission greenhouse gas and air pollution. There
HOV facilities exemption. and energy-efficient vehicles that are are two stringency levels for SmartWay
exempted from the HOV occupancy vehicles: SmartWay and SmartWay
In summary, with respect to vehicle requirements and therefore permitted to Elite. Currently, these designations are
labeling requirements, this action use HOV facilities, based on factors used only on EPA’s Green Vehicle
proposes that: such as, location, color, and wording Guide web site, which is targeted at car-
• Low emission and energy-efficient that designates the vehicle as low buyers. The SmartWay logo used is
vehicles would be required to be labeled emission and energy-efficient; and shown in Figure 2 below.
There are currently no ‘‘decals’’ or instance, in the State of Virginia, the methodology through this rulemaking,
‘‘stickers’’ to place on vehicles, nor has HOV allowance for hybrid-electric as described below.
EPA established guidelines to car vehicles that do not meet the 1. What Are the Economic Impacts?
makers to do so. However, if EPA were established occupancy requirement
to specify a format, the SmartWay logo proved to increase the use of hybrids by There are no anticipated economic
could potentially serve this purpose. threefold from 2003 to 2004.11 In impacts of this proposal as there are no
EPA seeks comment on the usefulness associated costs. The HOV exemption
Virginia, for 2004, an increase of 4300
and feasibility of a permanent federal for low emission and energy-efficient
hybrid vehicles means a reduction in
SmartWay label on eligible vehicles as vehicles is an optional exemption. 23
carbon dioxide of 430–1720 lbs. per U.S.C. 166 is explicit that states are not
a potential component of the HOV
mile. Even after the occupancy required to implement this exemption,
labeling requirement.
exemption for low emission and energy- but may voluntarily choose to
G. What Impacts Are Associated With efficient vehicles in HOV facilities implement this exemption. Thus, there
This Rulemaking? expires in September 2009, the benefit are no required costs for any state to
The main impact associated with this of introducing these vehicles into each implement an HOV exemption. While
rulemaking is the impact consistent state’s fleet remain due to the improved states that voluntarily choose to
with the Congressional intent to provide fuel efficiency. Thus, 23 U.S.C. 166 has implement the HOV facility exemption
non-financial incentives to increase the predetermined that there are benefits to are responsible for ensuring that HOV
purchase of hybrids and other fuel this allowance. There are no foreseen facilities do not become overcrowded;
efficient vehicles (23 U.S.C. 166(c)) as adverse economic or air quality impacts enforcing the use of HOV facilities by
an alternative to higher emitting and associated with providing a comparison the exempted vehicles; and issuing
less fuel efficient vehicles. There is labels for the vehicles, there are
some evidence supporting Congress’ 11 Second Report of the High Occupancy Vehicle compensation mechanisms in place. For
intent that this incentive would help Enforcement Task Force, January 4, 2005, http:// instance, states could charge for the
increase interest in purchasing low www.vdot.virginia.gov/infoservice/news/ label, and enforcement provisions can
EP24MY07.001</GPH>
emission and fuel efficient vehicles. For newsrelease.asp?ID=NOVA–NR05–02. result in collected fines. Moreover, as 23
U.S.C. 166 prescribed, states have significantly since hybrid vehicles the recommended HOV operating
authority to charge a toll for low became available. In fall 2003, hybrid capacity, which is 1,500 to 1,800
emission and energy-efficient vehicles vehicles accounted for between two vehicles per lane, per hour. The Task
that do not meet the occupancy percent and 12 percent of the peak- Force recommends that only the
requirement in HOV facilities. period volumes in the HOV lanes in cleanest hybrid vehicles be allowed to
northern Virginia. In the fall of 2004, use the HOV lanes and that the current
2. What Are the Congestion Impacts on hybrid vehicles accounted for between
HOV Facilities? hybrid exemption from HOV restrictions
11 percent and 17 percent of vehicles in expire in 2006, as provided in the
Since there are relatively few HOV the I–95 HOV lanes during the three- current Virginia law.’’ 12 Subsequent to
facilities that currently allow hour morning peak-period. The actual the report, Virginia did not let the
environmentally-friendly vehicles, data number of hybrids during the morning hybrid exemption expire, but instead
on the potential impact of hybrid peak period ranged from 844 to 1,422 capped the number of hybrid vehicle
vehicles on HOV facilities is limited. and the corresponding total vehicle
The best publicly available plates.
volumes in the HOV lane ranged from
information comes from a report by the 7,994 to 8,450. While we do not have For demonstration purposes, EPA has
Virginia Department of Transportation’s more current data, we would expect that also estimated the potential number of
High-Occupancy Vehicle Enforcement these percentages have continued to vehicles that are projected to be
Task Force dated January 4, 2005. This grow over the last two years. available for sale nationwide in the 2007
report illustrates that the growth in the The Task Force report concluded that, model year for each of the comparable
number of clean special fuel license ‘‘The rapid growth in hybrids has vehicle methodologies described above
plates issued in Virginia has increased helped push the I–95 HOV lanes beyond (see Table 4 below).
TABLE 4.—POTENTIAL NUMBER OF ELIGIBLE VEHICLES BASED ON NATIONWIDE SALES FOR EACH VEHICLE COMPARISON
METHODOLOGY
Hybrid-to-
Hybrid-to- Inertia weight ‘‘Best in
Model year Gasoline comparison Class’’
comparison comparison
2003 ............................................................................................................................................. 33593 33593 1011

2004 ............................................................................................................................................. 71334 71334 48513
2005 ............................................................................................................................................. 105505 238424 79773
2006 ............................................................................................................................................. 213338 328250 124536
2007 ............................................................................................................................................. 326245 665157 147583
Total ...................................................................................................................................... 750015 1336758 401416
These values include actual sales data energy-efficient vehicles as a voluntary the HOV exemption for low emission
whenever it is available. In cases where program. Thus, a state chooses whether and energy-efficient vehicles.
actual sales data is unavailable, we used this exemption meets its needs or not. III. Request for Comments
projected sales data that are provided to Second, 23 U.S.C. 166 allows states to
EPA by each manufacturer. In addition, increase the fuel economy thresholds Although EPA requests comments on
these values reflect nationwide sales per the energy-efficient designation in all aspects of this proposal, we are
data. Without state by state vehicle order to further minimize the number of specifically requesting comment on the
registration data, it is not possible to vehicles which qualify as low emission following topics proposed in this action:
estimate with any accuracy the actual and energy-efficient, thereby managing • Eligibility for a low emission
vehicles that are used in areas with the number of exempted vehicles using vehicle based on Tier 2 Bin 5 or cleaner
HOV occupancy exemptions. the limited excess capacity of HOV for light-duty vehicles, or comparable
California LEV–II or cleaner for
3. What Are the Other Impacts? facilities. Third, 23 U.S.C. 166 requires
passenger vehicles to comply with the
states that choose to implement this
There are no associated adverse air 23 U.S.C. 166 Tier 2 requirements.
HOV exemption to ensure that the HOV
quality impacts of this proposal. 23 • Use of a hybrid-to-gasoline vehicle
facilities are not overburdened by the
U.S.C. 166 requires EPA to codify a comparison methodology to determine
procedure for certifying low emission addition of exempted vehicles and vehicle eligibility.
and energy-efficient vehicles and places provides minimum operating speed • Use of a ‘‘best in class’’
the responsibility on individual states to guidelines for assessing HOV facility methodology to determine vehicle
determine if an HOV exemption for low degradation. Finally, EPA is proposing eligibility.
emission and energy-efficient vehicles regulations to ensure that only the • Eligibility for an energy-efficient
benefits or impedes the air quality goals ‘‘cleanest’’ of the Tier 2 fleet qualify as vehicle based on operating on an
of that state. As a result, 23 U.S.C. 166 ‘‘low emission’’ and the minimum alternative fuel limited to dedicated
provides mechanisms to ensure that number of truly energy-efficient alternative fuel vehicles only.
such an exemption does not adversely vehicles qualify as ‘‘energy-efficient.’’ • Necessity of a Federal versus state-
impact air quality. Therefore, these four safeguards form by-state labeling system.
First, 23 U.S.C. 166 designates the our belief that there would be no • Proposed labeling requirements, as
HOV exemption for low emission and adverse environmental impacts due to well as any necessary enforcement
12 Second Report of the High Occupancy Vehicle www.vdot.virginia.gov/infoservice/news/
Enforcement Task Force, January 4, 2005, http:// newsrelease.asp?ID=NOVA–NR05–02.
provisions that should be required on a The official public docket is the publicly available docket materials
label. collection of materials that is available through EPA’s electronic public docket.
The following topics were not for public viewing by referencing For public commenters, it is
proposed in this action, but EPA is Docket No. EPA–HQ–OAR–2005–0173 important to note that EPA’s policy is
specifically requesting comment on (see ADDRESSES). that public comments, whether
them: You may submit comments submitted electronically or in paper,
• Use of an inertia weight class electronically, by mail, or through hand will be made available for public
methodology to determine vehicle delivery/courier as described below. To viewing in EPA’s electronic public
eligibility. ensure proper receipt by EPA, identify docket as EPA receives them and
• For the inertia weight class the appropriate docket identification without change, unless the comment
methodology, the usefulness of number in the subject line on the first contains copyrighted material, CBI, or
requiring an additional criterion that page of your comment. Please ensure other information whose disclosure is
any vehicle which meets the low that your comments are submitted restricted by statute. When EPA
emissions and criteria must also have an within the specified comment period. identifies a comment containing
unadjusted combined fuel economy that Comments received after the close of the copyrighted material, EPA will provide
is at least 25 percent higher than the comment period will be marked late. a reference to that material in the
applicable car or truck CAFE standard. EPA is not required to consider these version of the comment that is placed in
• The availability of technology or late comments. If you wish to submit EPA’s electronic public docket. The
other methodology that can demonstrate CBI or information that is otherwise entire printed comment, including the
when a flexible-fuel vehicle is operating protected by statute, please follow the copyrighted material, will be available
on an alternative fuel versus a instructions in Section IV.C. Do not use in the public docket.
conventional fuel. EPA Dockets or e-mail to submit CBI or Public comments submitted on
• Data indicating the extent to which information protected by statute. computer disks that are mailed or
flexible-fuel vehicles are operating on delivered to the docket will be
the alternative fuel in an area or region. 2. Electronic Access
transferred to EPA’s electronic public
IV. What Are the Opportunities for You may access this Federal Register docket. Public comments that are
Public Participation? document electronically through the mailed or delivered to the Docket will
EPA Internet under the Federal Register be scanned and placed in EPA’s
We request comment on all aspects of listings at http://www.epa.gov/fedrgstr/. electronic public docket. Where
this proposal. This section describes An electronic version of the public practical, physical objects will be
how you can participate in this process. docket is available through EPA’s photographed, and the photograph will
We are opening a formal comment electronic public docket and comment be placed in EPA’s electronic public
period by publishing this document. We system, EPA Dockets. You may use EPA docket along with a brief description
will accept comments for the period Dockets at http://www.epa.gov/edocket/ written by the docket staff.
indicated under DATES above. If EPA to submit or view public comments,
receives requests to present oral access the index listing of the contents B. Public Hearing
testimony, a public hearing will be of the official public docket, and to Anyone wishing to present testimony
scheduled. Information regarding the access those documents in the public about this proposal at the public hearing
timing for requesting a public hearing is docket that are available electronically. (see DATES) should notify the general
indicated under DATES above. Once in the system, select search, then contact person (see FOR FURTHER
Your comments will be most useful if key in the appropriate docket INFORMATION CONTACT) no later than five
you include appropriate and detailed identification number. days prior to the day of the hearing. The
supporting rationale, data, and analysis. Certain types of information will not contact person should be given an
If you disagree with parts of the be placed in the EPA Dockets. estimate of the time required for the
proposal, we encourage you to suggest Information claimed as CBI and other presentation of testimony and
and analyze alternate approaches to information whose disclosure is notification of any need for audio/visual
meeting the goals described in this restricted by statute, which is not equipment. Testimony will be
proposal. You should send all included in the official public docket, scheduled on a first come, first served
comments, except those containing will not be available for public viewing basis. A sign-up sheet will be available
proprietary information, to our Docket in EPA’s electronic public docket. EPA’s at the registration table the morning of
(see ADDRESSES) before the end of the policy is that copyrighted material will the hearing for scheduling those who
comment period. not be placed in EPA’s electronic public have not notified the contact earlier.
A. Copies of This Proposal and Other docket but will be available only in This testimony will be scheduled on a
Related Information printed, paper form in the official public first come, first served basis following
docket. To the extent feasible, publicly the previously scheduled testimony.
1. Docket available docket materials will be made EPA requests that approximately 50
EPA has established an official public available in EPA’s electronic public copies of the statement or material to be
docket for this action under Docket ID docket. When a document is selected presented be brought to the hearing for
No. EPA–HQ–OAR–2005–0173. The from the index list in EPA Dockets, the distribution to the audience. In
official public docket consists of the system will identify whether the addition, EPA would find it helpful to
documents specifically referenced in document is available for viewing in receive an advance copy of any
this action, any public comments EPA’s electronic public docket. statement or material to be presented at
received, and other information related Although not all docket materials may the hearing at least one week before the
to this action. Although a part of the be available electronically, you may still scheduled hearing date. This is to give
official docket, the public docket does access any of the publicly available EPA staff adequate time to review such
not include confidential business docket materials through the docket material before the hearing. Such
information (CBI) or other information facility. EPA intends to work towards advance copies should be submitted to
whose disclosure is restricted by statute. providing electronic access to all of the the contact person listed.
The official records of the hearing will respond to a collection of information D. Unfunded Mandates Reform Act
be kept open for 30 days following the unless it displays a currently valid OMB Title II of the Unfunded Mandates
hearing to allow submission of rebuttal control number. The OMB control Reform Act of 1995 (UMRA), Public
and supplementary testimony. All such numbers for EPA’s regulations in 40 Law 104–4, establishes requirements for
submissions should be directed to CFR are listed in 40 CFR part 9. Federal agencies to assess the effects of
Docket No. EPA–HQ–OAR–2005–0173 their regulatory actions on state, local,
C. Regulatory Flexibility Act
(see ADDRESSES). The hearing will be and tribal governments and the private
conducted informally, and technical The Regulatory Flexibility Act (RFA) sector. Under section 202 of the UMRA,
rules of evidence will not apply. A generally requires an agency to prepare EPA generally must prepare a written
written transcript of the hearing will be a regulatory flexibility analysis of any statement, including a cost-benefit
placed in the above docket for review. rule subject to notice and comment analysis, for proposed and final rules
Anyone desiring to purchase a copy of rulemaking requirements under the with ‘‘Federal mandates’’ that may
the transcript should make individual Administrative Procedure Act or any result in expenditures to State, local,
arrangements with the court reporter other statute unless the agency certifies and tribal governments, in the aggregate,
recording the proceedings. that the rule will not have a significant or to the private sector, of $100 million
V. What Are the Administrative economic impact on a substantial or more in any one year. Before
Requirements for This Proposed Rule? number of small entities. Small entities promulgating an EPA rule for which a
include small businesses, small written statement is needed, section 205
A. Executive Order 12866: Regulatory organizations, and small governmental of the UMRA generally requires EPA to
Planning and Review jurisdictions. identify and consider a reasonable
Under Executive Order (EO) 12866 For purposes of assessing the impacts number of regulatory alternatives and
(58 FR 51735, October 4, 1993), this of this proposal on small entities, small adopt the least costly, most cost-
action is a ‘‘significant regulatory entity is defined as: (1) A small business effective or least burdensome alternative
action.’’ Accordingly, EPA submitted as defined by the Small Business that achieves the objectives of the rule.
this action to the Office of Management Administration regulations at 13 CFR The provisions of section 205 do not
and Budget (OMB) for review under EO 121.201; (2) a small governmental apply when they are inconsistent with
12866 and any changes made in jurisdiction that is a government of a applicable law. Moreover, section 205
response to OMB recommendations city, county, town, school district or allows EPA to adopt an alternative other
have been documented in the docket for special district with a population of less than the least costly, most cost-effective
this action. than 50,000; and (3) a small or least burdensome alternative if the
organization that is any not-for-profit Administrator publishes with the final
B. Paperwork Reduction Act rule an explanation why that alternative
enterprise which is independently
This action does not impose an owned and operated and is not was not adopted. Before EPA establishes
information collection burden under the dominant in its field. any regulatory requirements that may
provisions of the Paperwork Reduction significantly or uniquely affect small
Act, 44 U.S.C. 3501 et seq. This action After considering the economic governments, including tribal
does not require any state to implement impacts of this proposed rule on small governments, it must have developed
the provisions of this action. In entities, EPA certifies that this action under section 203 of the UMRA a small
addition, this action does not require would not have a significant economic government agency plan. The plan must
that any information is collected, but impact on a substantial number of small provide for notifying potentially
rather supplies guidance and a entities. This proposed rule would not affected small governments, enabling
comparison methodology for generating impose any requirements on small officials of affected small governments
a list of eligible low emission and entities. This action proposes to have meaningful and timely input in
energy-efficient vehicles that are regulations for defining low emission the development of EPA regulatory
exempted from the HOV occupancy and energy-efficient vehicles and for proposals with significant Federal
requirements. labeling these vehicles in HOV facilities, intergovernmental mandates, and
Burden means the total time, effort, or according to the provisions defined by informing, educating, and advising
financial resources expended by persons Congress in SAFETEA–LU. As also small governments on compliance with
to generate, maintain, retain, or disclose prescribed by Congress, these the regulatory requirements.
or provide information to or for a definitions and comparison strategies This proposal contains no Federal
Federal agency. This includes the time are implemented optionally by the mandates (under the regulatory
needed to review instructions; develop, states; there is no requirement that a provisions of Title II of the UMRA) for
acquire, install, and utilize technology state would have to allow low emission state, local, or tribal governments or the
and systems for the purposes of and energy-efficient vehicles to use the private sector. This action proposes to
collecting, validating, and verifying HOV facilities. Furthermore, this action implement mandates specifically and
information, processing and proposes a flexible format for labeling explicitly set forth by the Congress in
maintaining information, and disclosing vehicles, so as to minimize the burden SAFETEA–LU without the exercise of
and providing information; adjust the on states with existing HOV programs any policy discretion by EPA, and the
existing ways to comply with any and labeling strategies. We have proposal would impose no enforceable
previously applicable instructions and therefore concluded that this proposed duty on any state, local or tribal
requirements; train personnel to be able rule would not impact, or would have governments or the private sector. This
to respond to a collection of a neutral impact on, burden for all small proposal provides clarification on
information; search data sources; entities. determining whether a vehicle is low

complete and review the collection of We continue to be interested in the emission and energy-efficient and a
information; and transmit or otherwise potential impacts of the proposed rule comparison strategy for designating a
disclose the information. on small entities and welcome comparable vehicle for performing fuel
An agency may not conduct or comments on issues related to such economy percent increase calculations.
sponsor, and a person is not required to impacts. This action was prescribed by Congress,
and SAFETEA–LU is explicit that states apply to this proposal, EPA did consult H. Executive Order 13211: Actions That
are not required to adopt these with representatives of state and local Significantly Affect Energy Supply,
provisions. Instead, participation in this governments in developing it. The Distribution, or Use
program would be voluntary and would conversations resulted in requests for This rule is not a ‘‘significant energy
allow voluntary measures to increase flexibility in labeling and allowing action’’ as defined in Executive Order
the stringency of the comparison states to determine any implementation 13211, ‘‘Actions Concerning Regulations
strategy to meet individual state’s needs. or enforcement provisions. This action That Significantly Affect Energy Supply,
EPA has determined that this would allow both. Distribution, or Use’’ (66 FR 28355 (May
proposal does not contain a Federal In the spirit of Executive Order 13132,
22, 2001)) because it is not likely to
mandate that may result in expenditures and consistent with EPA policy to
have a significant adverse effect on the
of $100 million or more for State, local, promote communications between EPA
supply, distribution, or use of energy.
and tribal governments, in the aggregate, and state and local governments, EPA
This rule is the result of a directive by
or the private sector in any one year. specifically solicits comment on this
EPA has determined that this rule proposed rule from State and local 23 U.S.C. 166 to codify the certification
contains no regulatory requirements that officials. of low emission and energy-efficient
might significantly or uniquely affect vehicles. The sense of Congress is to
F. Executive Order 13175: Consultation ‘‘provide additional incentives
small governments. These provisions
and Coordination With Indian Tribal (including the use of high occupancy
are applicable for states with existing
Governments vehicle facilities on State and Interstate
HOV facilities and do not require any
state to install HOV facilities. In Executive Order 13175, entitled highways) for the purchase and use of
addition, the labeling requirements have ‘‘Consultation and Coordination with hybrid and other fuel efficient vehicles,
been proposed as flexible in order to Indian Tribal Governments’’ (65 FR which have been proven to minimize air
avoid causing expenditures on a new 67249, November 9, 2000), requires EPA emissions and decrease consumption of
method of labeling vehicles in states to develop an accountable process to fossil fuels’’ (Section 1121(c) of 23
where labeling systems already exists. ensure ‘‘meaningful and timely input by U.S.C. 166). This intent demonstrates
Thus, this proposal is not subject to the tribal officials in the development of Congress’s belief that this rule would
requirements of sections 202 and 205 of regulatory policies that have tribal not have adverse effects on the supply,
the UMRA. implications.’’ This proposed rule distribution, or use of energy. In fact,
would not have tribal implications, as the HOV occupancy exemption
E. Executive Order 13132: Federalism specified in Executive Order 13175. provision for ‘‘low emission and energy-
Executive Order 13132, entitled This proposed rule would apply to state efficient’’ vehicles should have a
‘‘Federalism’’ (64 FR 43255, August 10, highways with HOV facilities, and positive effect, reducing the effect on
1999), requires EPA to develop an involves state governments and/or the supply, distribution, or use of
accountable process to ensure transportation entities if a state chooses energy by encouraging the purchase and
‘‘meaningful and timely input by state to implement the rule. Thus, Executive use of fuel efficient vehicles. Thus, we
and local officials in the development of Order 13175 does not apply to this have concluded that this rule is not
regulatory policies that have federalism proposed rule. likely to have any adverse energy
implications.’’ ‘‘Policies that have effects.
G. Executive Order 13045: Protection of
federalism implications’’ is defined in
Children From Environmental Health I. National Technology Transfer
the Executive Order to include
and Safety Risks Advancement Act
regulations that have ‘‘substantial direct
effects on the states, on the relationship Executive Order 13045: ‘‘Protection of Section 12(d) of the National
between the national government and Children from Environmental Health Technology Transfer and Advancement
the states, or on the distribution of Risks and Safety Risks’’ (62 FR 19885, Act of 1995 (‘‘NTTAA’’), Public Law No.
power and responsibilities among the April 23, 1997) applies to any rule that: 104–113, 12(d) (15 U.S.C. 272 note)
various levels of government.’’ (1) Is determined to be ‘‘economically directs EPA to use voluntary consensus
This proposed rule does not have significant’’ as defined under Executive standards in its regulatory activities
federalism implications. It will not have Order 12866, and (2) concerns an unless to do so would be inconsistent
substantial direct effects on the states, environmental health or safety risk that with applicable law or otherwise
on the relationship between the national EPA has reason to believe may have a impractical. Voluntary consensus
government and the states, or on the disproportionate effect on children. If standards are technical standards (e.g.,
distribution of power and the regulatory action meets both criteria, materials specifications, test methods,
responsibilities among the various the Agency must evaluate the sampling procedures, and business
levels of government, as specified in environmental health or safety effects of practices) that are developed or adopted
Executive Order 13132. The provisions the planned rule on children, and by voluntary consensus standards
in this proposed rule do not require that explain why the planned regulation is bodies. The NTTAA directs EPA to
a state implement them, and the preferable to other potentially effective provide Congress, through OMB,
stringency of the provisions can be and reasonably feasible alternatives explanations when the Agency decides
optionally increased. This proposed rule considered by the Agency. EPA not to use available and applicable
defines requirements that could be used interprets EO 13045 as applying only to voluntary consensus standards. This
to implement HOV occupancy those regulatory actions that concern proposed rulemaking does not involve
exemptions for low emission and health or safety risks, such that the technical standards. Therefore, EPA is
energy-efficient vehicles, but provides analysis required under section 5–501 of not considering the use of any voluntary
ample flexibility for states to decide the EO has the potential to influence the consensus standards.
whether or not to implement and/or regulation. This proposed rule is not EPA welcomes comments on this
whether or not to increase stringency. subject to EO 13045 because it does not aspect of the proposed rulemaking and,
Thus, Executive Order 13132 does not establish an environmental standard specifically, invites the public to
apply to this proposal. Although section intended to mitigate health or safety identify potentially-applicable
6 of Executive Order 13132 does not risks. voluntary consensus standards and to
explain why such standards should be Alternative fuel vehicle means a § 601.6 Criteria for qualifying as an
used in this regulation. vehicle that is operating on— energy-efficient vehicle.
(1) Methanol, denatured ethanol, or Light-duty vehicles and light-duty
VI. What Are the Statutory Provisions
other alcohols; trucks up to 8500 lbs. GVWR must be
and Legal Authority for This Proposed
(2) A mixture containing at least 85 certified by the U.S. Environmental
Rule?
percent of methanol, denatured ethanol, Protection Agency as meeting the
Statutory authority for this action is and other alcohols by volume with criteria of either paragraph (a) or (b) of
found in 23 U.S.C. 166. This action is gasoline or other fuels; this section:
being proposed under the (3) Natural gas; (a) It is an alternative fuel vehicle.
administrative and procedural (4) Liquefied petroleum gas; This does not include flexible-fuel or
provisions of the Administrative (5) Hydrogen; dual-fuel vehicles.
Procedures Act, 5 U.S.C. 553. (6) Coal derived liquid fuels; (b) It meets one of the unadjusted fuel
(7) Fuels (except alcohol) derived economy criteria in this paragraph:
List of Subjects in 40 CFR Part 601
from biological materials; (1) The unadjusted city fuel economy
Environmental protection, (8) Electricity (including electricity of the vehicle must be at least 50
Administrative practice and procedure, from solar energy); or percent higher than the city fuel
Fuel economy, Reporting and (9) Any other fuel that the Secretary economy of a comparable gasoline-
recordkeeping requirements. of Transportation prescribes by fueled vehicle, as determined in § 601.7;
Dated: May 16, 2007. regulation that is not substantially or
Stephen L. Johnson, petroleum and that would yield (2) The unadjusted combined city-
Administrator.
substantial energy security and highway fuel economy of the vehicle
environmental benefits, including fuels must be at least 25 percent higher than
For the reasons set forth in the regulated under section 490 of title 10, the unadjusted combined city-highway
preamble, title 40 Chapter I of the Code Code of Federal Regulations (or fuel economy of a comparable gasoline-
of Federal Regulations is proposed to be successor regulations). fueled vehicle, as determined in § 601.8.
amended by adding a new part 601 as Unadjusted city fuel economy means
follows: the model type city fuel economy as § 601.7 Criteria for determining a
comparable gasoline-fueled vehicle based
calculated in 40 CFR 600.207–93.
PART 601—QUALIFICATION CRITERIA upon unadjusted city fuel economy.
Unadjusted combined city-highway
FOR LOW EMISSION AND ENERGY- fuel economy means the model type (a) For hybrid vehicles with a similar
EFFICIENT VEHICLES combined fuel economy as calculated in gasoline counterpart (e.g. same make/
40 CFR 600.207–93. model), the Administrator will compare
Sec. the unadjusted city fuel economy value
601.1 General applicability. § 601.3 Abbreviations. as determined under 40 CFR 600.207–93
601.2 Definitions.
601.3 Abbreviations. The abbreviations of 40 CFR parts 86 of a candidate hybrid vehicle, to the
601.4 Criteria for qualifying as a low and 600 also apply to this part. The unadjusted city fuel economy value of
emission and energy-efficient vehicle. abbreviations in this section apply to the similar gasoline counterpart.
601.5 Criteria for qualifying as a low this part only. (b) For hybrid vehicles with no
emission vehicle. HOV means High Occupancy Vehicle. similar gasoline counterpart, the
601.6 Criteria for qualifying as an energy- Administrator will determine the
efficient vehicle. § 601.4 Criteria for qualifying as a low candidate vehicle by calculating the
601.7 Criteria for determining a comparable emission and energy-efficient vehicle. median unadjusted city fuel economy
gasoline-fueled vehicle based upon the In order to meet the criteria for being values for all gasoline vehicles in the
unadjusted city fuel economy. certified as a low emission and energy-
601.8 Criteria for determining a comparable same comparable vehicle class as
efficient vehicle under this part, a defined in EPA’s annual Fuel Economy
gasoline-fueled vehicle based upon the
unadjusted combined city-highway fuel vehicle must meet the criteria for Guide, which is jointly published by
economy. qualifying as a low emission vehicle EPA and DOE. The Administrator will
601.9 How to determine if a candidate under § 601.5 and must meet the criteria then compare the unadjusted city fuel
vehicle meets the ‘‘energy-efficient’’ for qualifying as an energy-efficient economy value of the candidate hybrid
criteria based on fuel economy. vehicle under § 601.6. A state that elects vehicle, as determined under 40 CFR
601.10 Certification requirements. to allow low emission and energy- 600.207–93, to the median unadjusted
601.11 Labeling requirements for low efficient vehicles to use HOV facilities city fuel economy value for the
emission and energy-efficient vehicles. may require that a vehicle meet a level comparison gasoline vehicle in same
Authority: 23 U.S.C. 166. of comparative percentage increase in vehicle class.
fuel economy that is greater than the
§ 601.1 General applicability. § 601.8 Criteria for determining a
percentages in § 601.6(b) and (c) in
The provisions of this part are order to qualify as a low emission and comparable gasoline-fueled vehicle based
applicable to 2002 and later model year upon the unadjusted combined city-
energy-efficient vehicle in that state.
vehicles that may qualify for use in high highway fuel economy.
occupancy vehicle facilities in states § 601.5 Criteria for qualifying as a low (a) For hybrid vehicles with a similar
that elect to allow such use. These emission vehicle. gasoline counterpart (e.g. same make/
provisions expire on September 30, Light-duty vehicles and light-duty model), the Administrator will compare
2009. trucks up to 8500 lbs. GVWR must be the unadjusted combined city-highway
certified by the U.S. Environmental fuel economy value of the candidate

§ 601.2 Definitions. Protection Agency as meeting emission hybrid vehicle, as determined under 40
Any terms defined in 40 CFR parts 86 standards that are as or more stringent CFR 600.207–93, to the unadjusted
and 600 and not defined in this part than the Tier 2 Bin 5 emission standard combined city-highway fuel economy
shall have the meaning given them in as specified in Table S04–1 of 40 CFR value of the similar gasoline
§§ 86.1803 and 600.002 of this chapter. 86.1811–04. counterpart.
(b) For hybrid vehicles with no applicable gasoline comparable vehicle emission and energy-efficient vehicles
similar gasoline counterpart, the as described in §§ 601.7 and 601.8. for usage in HOV facilities in a manner
Administrator will determine the (b) A candidate vehicle qualifies as that allows state enforcement officials to
candidate vehicle by calculating the energy-efficient if it meets either of the easily identify these vehicles.
median unadjusted combined city- following fuel economy criteria: (b) States with existing programs to
highway fuel economy values for all (1) The percent increase for the allow the use of low emission and
gasoline vehicles in the same unadjusted city fuel economy is greater energy-efficient vehicles in HOV
comparable vehicle class as used in the than 50 percent over the baseline city facilities may continue to use the labels
annual Fuel Economy Guide published fuel economy of the comparable vehicle; they have designed for use in such
jointly by EPA and the Department of or programs, as long as they meet the other
Energy. The Administrator will then (2) The percent increase for the requirements of this section. States
compare the unadjusted combined city- unadjusted combined city-highway fuel without labels must develop labels
highway fuel economy value of the economy is greater than 25 percent over based on existing formats, i.e., decals or
candidate hybrid vehicle, as determined the baseline combined city-highway fuel license plates, and the criteria in
under 40 CFR 600.207–93, to the economy of the comparable vehicle. § 601.11.
median unadjusted combined city- (c) States are responsible for printing
highway fuel economy value for the § 601.10 Certification requirements. and/or distributing the labels and may
comparison gasoline vehicle in same The Administrator will annually charge a registration fee for issuing a
vehicle class. certify those vehicles that qualify as low label to an owner.
emission and energy-efficient vehicles, (d) Labels must identify the vehicle as
§ 601.9 How to determine if a candidate as determined in § 601.4 and provide a low emission and energy-efficient by
vehicle meets the ‘‘energy-efficient’’ criteria list of certified vehicles to the
based on fuel economy. such means as specific wording and/or
Department of Transportation. color coding.
(a) The Administrator will compare
§ 601.11 Labeling requirements for low (e) Labels must contain an identifier
the candidate vehicle’s unadjusted city
emission and energy-efficient vehicles. that is unique to the specific vehicle
fuel economy and unadjusted combined
such that they could not be transferred.
city-highway fuel economy to the city (a) States that elect to allow low
fuel economy values and combined-city emission and energy-efficient vehicles [FR Doc. E7–9821 Filed 5–23–07; 8:45 am]
highway fuel economy values for the to use HOV facilities must label low BILLING CODE 6560–50–P

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29102 Federal Register / Vol. 72, No.

100 / Thursday, May 24, 2007 / Proposed Rules

which the documents may be I. General Information

Category NAICS codes a SIC codes b Examples of potentially regulated parties

this notice. http://www.nhtsa.dot.gov/staticfiles/

DEDICATED ALTERNATIVE FUEL (CNG) VEHICLES

hybrid-to-gasoline vehicle comparison vehicles eligible for the HOV occupancy

DEDICATED ALTERNATIVE FUEL (CNG) VEHICLES

Int Wgt = Inertia Weight Class

weight (nominal empty vehicle weight plus 300 lbs.

Model year and name do not qualify would qualify

2003 Honda Civic Hybrid ..................................................................................... 3HNXV01.34A5 3HNXV01.36CV

2004 Honda Insight ............................................................................................. 4HNXV01.02A6 4HNXV01.0NCE

2003 ............................................................................................................................................. 33593 33593 1011

Total ...................................................................................................................................... 750015 1336758 401416

information; search data sources; entities. determining whether a vehicle is low

certified by the U.S. Environmental fuel economy value of the candidate

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