### Question
What is the definition of Vehicles" means light-duty vehicles and light light-duty trucks, but excludes vehicles sold by a manufacturer that has opted out of the National LEV program pursuant to the provisions of § 86.1705, pending final judicial resolution of the opt-out petition: Total number of Vehicles exceeding five-percent cap = ((Total number of Tier 1 Vehicles and TLEVs sold in the NTR) − ((Total number of Vehicles sold in the NTR)−0.05))

(ii) Where a manufacturer has elected to use the reporting provision specified in § 86.1710(a)(3)(iii) or § 86.1710(a)(4)(iii), EPA will estimate that manufacturer's number of vehicles sold in the NTR by using the following equation, where the term "Vehicles?


### Answer
The definition of **Vehicles" means light-duty vehicles and light light-duty trucks, but excludes vehicles sold by a manufacturer that has opted out of the National LEV program pursuant to the provisions of § 86.1705, pending final judicial resolution of the opt-out petition: Total number of Vehicles exceeding five-percent cap = ((Total number of Tier 1 Vehicles and TLEVs sold in the NTR) − ((Total number of Vehicles sold in the NTR)−0.05))

(ii) Where a manufacturer has elected to use the reporting provision specified in § 86.1710(a)(3)(iii) or § 86.1710(a)(4)(iii), EPA will estimate that manufacturer's number of vehicles sold in the NTR by using the following equation, where the term "Vehicles** is as follows in *40 CFR § 86.1*:

> light-duty vehicles and light light-duty trucks, but excludes vehicles sold by a manufacturer that has opted out of the National LEV program pursuant to the provisions of § 86.1705, pending final judicial resolution of the opt-out petition: Estimated number of Vehicles in the NTR = (((sum of Vehicles the manufacturer sold in the NTR for the latest two reported model years) / (sum of Vehicles the manufacturer sold in the 49 states for the same latest two reported model years)) × (number of Vehicles the manufacturer sold in the 49 states as reported for the current model year))

(4)(i) Failure to meet the five-percent cap as specified in this paragraph (b) will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual nonconforming vehicles not covered by the certificate shall be determined as set forth in this paragraph (b)(4)

#### Citation:
  - *40 CFR § 86.1*
  - Heading: **PART 86—CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION AND TEST PROCEDURES > Subpart AA—Reporting and Recordkeeping Requirements for Part 86 > SUBCHAPTER C—AIR PROGRAMS—(Continued) > SUBCHAPTER C—AIR PROGRAMS—(Continued)**

