US (United States) Code. Title 49. Subtitle VI: Motor vehicle. Part C. Chapter 329: Automobile fuel economy

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-CITE-

49 USC CHAPTER 329 - AUTOMOBILE FUEL ECONOMY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-MISC1-

Sec.

32901. Definitions.

32902. Average fuel economy standards.

32903. Credits for exceeding average fuel economy standards.

32904. Calculation of average fuel economy.

32905. Manufacturing incentives for alternative fuel

automobiles.

32906. Maximum fuel economy increase for alternative fuel

automobiles.

32907. Reports and tests of manufacturers.

32908. Fuel economy information.

32909. Judicial review of regulations.

32910. Administrative.

32911. Compliance.

32912. Civil penalties.

32913. Compromising and remitting civil penalties.

32914. Collecting civil penalties.

32915. Appealing civil penalties.

32916. Reports to Congress.

32917. Standards for executive agency automobiles.

32918. Retrofit devices.

32919. Preemption.

AMENDMENTS

1994 - Pub. L. 103-429, Sec. 6(43)(C), Oct. 31, 1994, 108 Stat.

4383, added items 32918 and 32919 and struck out former item 32918

"Preemption".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 32101, 33104 of this

title; title 18 section 2721.

-End-

-CITE-

49 USC Sec. 32901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32901. Definitions

-STATUTE-

(a) General. - In this chapter -

(1) "alternative fuel" means -

(A) methanol;

(B) denatured ethanol;

(C) other alcohols;

(D) except as provided in subsection (b) of this section, a

mixture containing at least 85 percent of methanol, denatured

ethanol, and other alcohols by volume with gasoline or other

fuels;

(E) natural gas;

(F) liquefied petroleum gas;

(G) hydrogen;

(H) coal derived liquid fuels;

(I) fuels (except alcohol) derived from biological materials;

(J) electricity (including electricity from solar energy);

and

(K) any other fuel the Secretary of Transportation prescribes

by regulation that is not substantially petroleum and that

would yield substantial energy security and environmental

benefits.

(2) "alternative fueled automobile" means an automobile that is

a -

(A) dedicated automobile; or

(B) dual fueled automobile.

(3) except as provided in section 32908 of this title,

"automobile" means a 4-wheeled vehicle that is propelled by fuel,

or by alternative fuel, manufactured primarily for use on public

streets, roads, and highways (except a vehicle operated only on a

rail line), and rated at -

(A) not more than 6,000 pounds gross vehicle weight; or

(B) more than 6,000, but less than 10,000, pounds gross

vehicle weight, if the Secretary decides by regulation that -

(i) an average fuel economy standard under this chapter for

the vehicle is feasible; and

(ii) an average fuel economy standard under this chapter

for the vehicle will result in significant energy

conservation or the vehicle is substantially used for the

same purposes as a vehicle rated at not more than 6,000

pounds gross vehicle weight.

(4) "automobile manufactured by a manufacturer" includes every

automobile manufactured by a person that controls, is controlled

by, or is under common control with the manufacturer, but does

not include an automobile manufactured by the person that is

exported not later than 30 days after the end of the model year

in which the automobile is manufactured.

(5) "average fuel economy" means average fuel economy

determined under section 32904 of this title.

(6) "average fuel economy standard" means a performance

standard specifying a minimum level of average fuel economy

applicable to a manufacturer in a model year.

(7) "dedicated automobile" means an automobile that operates

only on alternative fuel.

(8) "dual fueled automobile" means an automobile that -

(A) is capable of operating on alternative fuel and on

gasoline or diesel fuel;

(B) provides equal or superior energy efficiency, as

calculated for the applicable model year during fuel economy

testing for the United States Government, when operating on

alternative fuel as when operating on gasoline or diesel fuel;

(C) for model years 1993-1995 for an automobile capable of

operating on a mixture of an alternative fuel and gasoline or

diesel fuel and if the Administrator of the Environmental

Protection Agency decides to extend the application of this

subclause, for an additional period ending not later than the

end of the last model year to which section 32905(b) and (d) of

this title applies, provides equal or superior energy

efficiency, as calculated for the applicable model year during

fuel economy testing for the Government, when operating on a

mixture of alternative fuel and gasoline or diesel fuel

containing exactly 50 percent gasoline or diesel fuel as when

operating on gasoline or diesel fuel; and

(D) for a passenger automobile, meets or exceeds the minimum

driving range prescribed under subsection (c) of this section.

(9) "fuel" means -

(A) gasoline;

(B) diesel oil; or

(C) other liquid or gaseous fuel that the Secretary decides

by regulation to include in this definition as consistent with

the need of the United States to conserve energy.

(10) "fuel economy" means the average number of miles traveled

by an automobile for each gallon of gasoline (or equivalent

amount of other fuel) used, as determined by the Administrator

under section 32904(c) of this title.

(11) "import" means to import into the customs territory of the

United States.

(12) "manufacture" (except under section 32902(d) of this

title) means to produce or assemble in the customs territory of

the United States or to import.

(13) "manufacturer" means -

(A) a person engaged in the business of manufacturing

automobiles, including a predecessor or successor of the person

to the extent provided under regulations prescribed by the

Secretary; and

(B) if more than one person is the manufacturer of an

automobile, the person specified under regulations prescribed

by the Secretary.

(14) "model" means a class of automobiles as decided by

regulation by the Administrator after consulting and coordinating

with the Secretary.

(15) "model year", when referring to a specific calendar year,

means -

(A) the annual production period of a manufacturer, as

decided by the Administrator, that includes January 1 of that

calendar year; or

(B) that calendar year if the manufacturer does not have an

annual production period.

(16) "passenger automobile" means an automobile that the

Secretary decides by regulation is manufactured primarily for

transporting not more than 10 individuals, but does not include

an automobile capable of off-highway operation that the Secretary

decides by regulation -

(A) has a significant feature (except 4-wheel drive) designed

for off-highway operation; and

(B) is a 4-wheel drive automobile or is rated at more than

6,000 pounds gross vehicle weight.

(b) Authority To Change Percentage. - The Secretary may prescribe

regulations changing the percentage referred to in subsection

(a)(1)(D) of this section to not less than 70 percent because of

requirements relating to cold start, safety, or vehicle functions.

(c) Minimum Driving Ranges for Dual Fueled Passenger Automobiles.

- (1) The Secretary shall prescribe by regulation the minimum

driving range that dual fueled automobiles that are passenger

automobiles must meet when operating on alternative fuel to be dual

fueled automobiles under sections 32905 and 32906 of this title. A

determination whether a dual fueled automobile meets the minimum

driving range requirement under this paragraph shall be based on

the combined Agency city/highway fuel economy as determined for

average fuel economy purposes for those automobiles.

(2)(A) The Secretary may prescribe a lower range for a specific

model than that prescribed under paragraph (1) of this subsection.

A manufacturer may petition for a lower range than that prescribed

under paragraph (1) for a specific model.

(B) The minimum driving range prescribed for dual fueled

automobiles (except electric automobiles) under subparagraph (A) of

this paragraph or paragraph (1) of this subsection must be at least

200 miles.

(C) If the Secretary prescribes a minimum driving range of 200

miles for dual fueled automobiles (except electric automobiles)

under paragraph (1) of this subsection, subparagraph (A) of this

paragraph does not apply to dual fueled automobiles (except

electric automobiles).

(3) In prescribing a minimum driving range under paragraph (1) of

this subsection and in taking an action under paragraph (2) of this

subsection, the Secretary shall consider the purpose set forth in

section 3 of the Alternative Motor Fuels Act of 1988 (Public Law

100-494, 102 Stat. 2442), consumer acceptability, economic

practicability, technology, environmental impact, safety,

drivability, performance, and other factors the Secretary considers

relevant.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1056.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32901(a)(1) 15:2013(h)(1)(A) Oct. 20, 1972, Pub. L.

(less words in 1st 92-513, 86 Stat. 947, Sec.

parentheses). 513(h); added Oct. 14,

1988, Pub. L. 100-494, Sec.

6(a), 102 Stat. 2450; Oct.

24, 1992, Pub. L. 102-486,

Sec. 403(5)(H), (I), 106

Stat. 2878.

32901(a)(2) 15:2013(h)(1)(B).

32901(a)(3) 15:2001(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

501(1); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 901; Oct. 14,

1988, Pub. L. 100-494, Sec.

6(b), 102 Stat. 2452; Oct.

24, 1992, Pub. L. 102-486,

Sec. 403(1), 106 Stat. 2876.

15:2001(13), (14). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Secs.

501(2)-(7), (10)-(14),

503(c); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 901, 902, 907.

32901(a)(4) 15:2003(c).

32901(a)(5) 15:2001(4).

32901(a)(6) 15:2001(7).

32901(a)(7) 15:2013(h)(1)(C).

32901(a)(8) 15:2001(h)(1)(D).

32901(a)(9) 15:2001(5).

32901(a)(10) 15:2001(6).

32901(a)(11) 15:2001(10).

32901(a)(12) 15:2001(9). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

501(8), (9); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 902; Oct. 10,

1980, Pub. L. 96-425, Secs.

4(c)(1), 8(b), 94 Stat.

1824, 1828.

32901(a)(13) 15:2001(8).

32901(a)(14) 15:2001(11).

32901(a)(15) 15:2001(12).

32901(a)(16) 15:2001(2), (3).

32901(b) 15:2013(h)(1)(A)

(words in 1st

parentheses).

32901(c)(1) 15:2013(h)(2)(A).

32901(c)(2) 15:2013(h)(2)(B),

(C).

32901(c)(3) 15:2013(h)(2)(D).

--------------------------------------------------------------------

In this chapter, the word "model" is substituted for "model type"

for consistency in this part.

In subsection (a)(3), before clause (A), the words "except as

provided in section 32908 of this title" are added for clarity. The

word "line" is added for consistency in the revised title and with

other titles of the United States Code. The words "or rails" are

omitted because of 1:1. The text of 15:2001(1) (last sentence) is

omitted because of 49:322(a). The text of 15:2001(13) and (14) is

omitted as surplus because the complete names of the Secretary of

Transportation and Administrator of the Environmental Protection

Agency are used the first time the terms appear in a section. The

text of 15:2001 (related to 15:2011) is omitted because 15:2011 is

outside the scope of the restatement. See section 4(c) of the bill.

In subsection (a)(4), the words " 'automobile manufactured by a

manufacturer' includes" are substituted for "Any reference in this

subchapter to automobiles manufactured by a manufacturer shall be

deemed - (1) to include" to eliminate unnecessary words. The word

"every" is substituted for "all" because of the restatement. The

words "but does not include" are substituted for "to exclude" for

consistency. The words "manufactured by the person" are substituted

for "manufactured (within the meaning of paragraph (1))" to

eliminate unnecessary words.

In subsection (a)(10), the words "in accordance with procedures

established" are omitted as surplus.

In subsection (a)(14), the word "particular" is omitted as

surplus.

Subsection (a)(15)(B) is substituted for "If a manufacturer has

no annual production period, the term 'model year' means the

calendar year" to eliminate unnecessary words.

In subsection (a)(16), before clause (A), the words "but does not

include an automobile capable of off-highway operation that" are

substituted for "(other than an automobile capable of off-highway

operation)" and "The term 'automobile capable of off-highway

operation' means any automobile which" to eliminate unnecessary

words.

In subsection (b), the words "The Secretary may prescribe

regulations changing the percentage . . . to not less than 70

percent because of" are substituted for "but not less than 70

percent, as determined by the Secretary, by rule, to provide for"

for clarity and because of the restatement.

In subsection (c)(1), the words "For purposes of the definitions

in paragraph (1)(D)" are omitted as unnecessary because of the

restatement. The words "within 18 months after October 14, 1988"

are omitted as obsolete. The words "prescribe by regulation" are

substituted for "establish by rule of general applicability" for

clarity and consistency in the revised title and with other titles

of the United States Code and because "rule" is synonymous with

"regulation". The words "that are passenger automobiles" are

substituted for "The rule issued under this subparagraph shall

apply only to dual fueled automobiles that are passenger

automobiles" to eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Alternative Motor Fuels Act of 1988, referred to

in subsec. (c)(3), is section 3 of Pub. L. 100-494, which is set

out as a note under section 6374 of Title 42, The Public Health and

Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30501, 32906, 32908,

32909, 33101 of this title; title 15 section 2011; title 26 section

4064; title 42 sections 6291, 6374, 13211.

-End-

-CITE-

49 USC Sec. 32902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32902. Average fuel economy standards

-STATUTE-

(a) Non-Passenger Automobiles. - At least 18 months before the

beginning of each model year, the Secretary of Transportation shall

prescribe by regulation average fuel economy standards for

automobiles (except passenger automobiles) manufactured by a

manufacturer in that model year. Each standard shall be the maximum

feasible average fuel economy level that the Secretary decides the

manufacturers can achieve in that model year. The Secretary may

prescribe separate standards for different classes of automobiles.

(b) Passenger Automobiles. - Except as provided in this section,

the average fuel economy standard for passenger automobiles

manufactured by a manufacturer in a model year after model year

1984 shall be 27.5 miles a gallon.

(c) Amending Passenger Automobile Standards. - (1) Subject to

paragraph (2) of this subsection, the Secretary of Transportation

may prescribe regulations amending the standard under subsection

(b) of this section for a model year to a level that the Secretary

decides is the maximum feasible average fuel economy level for that

model year. Section 553 of title 5 applies to a proceeding to amend

the standard. However, any interested person may make an oral

presentation and a transcript shall be taken of that presentation.

(2) If an amendment increases the standard above 27.5 miles a

gallon or decreases the standard below 26.0 miles a gallon, the

Secretary of Transportation shall submit the amendment to Congress.

The procedures of section 551 of the Energy Policy and Conservation

Act (42 U.S.C. 6421) apply to an amendment, except that the 15

calendar days referred to in section 551(c) and (d) of the Act (42

U.S.C. 6421(c), (d)) are deemed to be 60 calendar days, and the 5

calendar days referred to in section 551(f)(4)(A) of the Act (42

U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days. If either

House of Congress disapproves the amendment under those procedures,

the amendment does not take effect.

(d) Exemptions. - (1) Except as provided in paragraph (3) of this

subsection, on application of a manufacturer that manufactured

(whether in the United States or not) fewer than 10,000 passenger

automobiles in the model year 2 years before the model year for

which the application is made, the Secretary of Transportation may

exempt by regulation the manufacturer from a standard under

subsection (b) or (c) of this section. An exemption for a model

year applies only if the manufacturer manufactures (whether in the

United States or not) fewer than 10,000 passenger automobiles in

the model year. The Secretary may exempt a manufacturer only if the

Secretary -

(A) finds that the applicable standard under those subsections

is more stringent than the maximum feasible average fuel economy

level that the manufacturer can achieve; and

(B) prescribes by regulation an alternative average fuel

economy standard for the passenger automobiles manufactured by

the exempted manufacturer that the Secretary decides is the

maximum feasible average fuel economy level for the manufacturers

to which the alternative standard applies.

(2) An alternative average fuel economy standard the Secretary of

Transportation prescribes under paragraph (1)(B) of this subsection

may apply to an individually exempted manufacturer, to all

automobiles to which this subsection applies, or to classes of

passenger automobiles, as defined under regulations of the

Secretary, manufactured by exempted manufacturers.

(3) Notwithstanding paragraph (1) of this subsection, an importer

registered under section 30141(c) of this title may not be exempted

as a manufacturer under paragraph (1) for a motor vehicle that the

importer -

(A) imports; or

(B) brings into compliance with applicable motor vehicle safety

standards prescribed under chapter 301 of this title for an

individual under section 30142 of this title.

(4) The Secretary of Transportation may prescribe the contents of

an application for an exemption.

(e) Emergency Vehicles. - (1) In this subsection, "emergency

vehicle" means an automobile manufactured primarily for use -

(A) as an ambulance or combination ambulance-hearse;

(B) by the United States Government or a State or local

government for law enforcement; or

(C) for other emergency uses prescribed by regulation by the

Secretary of Transportation.

(2) A manufacturer may elect to have the fuel economy of an

emergency vehicle excluded in applying a fuel economy standard

under subsection (a), (b), (c), or (d) of this section. The

election is made by providing written notice to the Secretary of

Transportation and to the Administrator of the Environmental

Protection Agency.

(f) Considerations on Decisions on Maximum Feasible Average Fuel

Economy. - When deciding maximum feasible average fuel economy

under this section, the Secretary of Transportation shall consider

technological feasibility, economic practicability, the effect of

other motor vehicle standards of the Government on fuel economy,

and the need of the United States to conserve energy.

(g) Requirements for Other Amendments. - (1) The Secretary of

Transportation may prescribe regulations amending an average fuel

economy standard prescribed under subsection (a) or (d) of this

section if the amended standard meets the requirements of

subsection (a) or (d), as appropriate.

(2) When the Secretary of Transportation prescribes an amendment

under this section that makes an average fuel economy standard more

stringent, the Secretary shall prescribe the amendment (and submit

the amendment to Congress when required under subsection (c)(2) of

this section) at least 18 months before the beginning of the model

year to which the amendment applies.

(h) Limitations. - In carrying out subsections (c), (f), and (g)

of this section, the Secretary of Transportation -

(1) may not consider the fuel economy of dedicated automobiles;

and

(2) shall consider dual fueled automobiles to be operated only

on gasoline or diesel fuel.

(i) Consultation. - The Secretary of Transportation shall consult

with the Secretary of Energy in carrying out this section and

section 32903 of this title.

(j) Secretary of Energy Comments. - (1) Before issuing a notice

proposing to prescribe or amend an average fuel economy standard

under subsection (a), (c), or (g) of this section, the Secretary of

Transportation shall give the Secretary of Energy at least 10 days

from the receipt of the notice during which the Secretary of Energy

may, if the Secretary of Energy concludes that the proposed

standard would adversely affect the conservation goals of the

Secretary of Energy, provide written comments to the Secretary of

Transportation about the impact of the standard on those goals. To

the extent the Secretary of Transportation does not revise a

proposed standard to take into account comments of the Secretary of

Energy on any adverse impact of the standard, the Secretary of

Transportation shall include those comments in the notice.

(2) Before taking final action on a standard or an exemption from

a standard under this section, the Secretary of Transportation

shall notify the Secretary of Energy and provide the Secretary of

Energy a reasonable time to comment.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32902(a) 15:2002(b). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

502(a)(1), (3)-(c), (e) (1st

sentence), (f), (h); added

Dec. 22, 1975, Pub. L.

94-163, Sec. 301, 89 Stat.

902, 903, 905; Oct. 10,

1980, Pub. L. 96-425, Secs.

3(a)(1), 7, 8(c), 94 Stat.

1821, 1828.

32902(b) 15:2002(a)(1), (3).

32902(c)(1) 15:2002(a)(4)

(words before 5th

comma), (h).

32902(c)(2) 15:2002(a)(4)

(words after 5th

comma), (5).

32902(d) 15:1397 (note). Oct. 31, 1988, Pub. L.

100-562, Sec. 2(f), 102

Stat. 2825.

15:2002(c).

32902(e) 15:2002(g). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

502(g); added Oct. 10, 1980,

Pub. L. 96-425, Sec. 7, 94

Stat. 1828.

32902(f) 15:2002(e) (1st

sentence).

32902(g) 15:2002(f).

32902(h) 15:2002(e) (last Oct. 20, 1972, Pub. L.

sentence). 92-513, 86 Stat. 947, Secs.

502(e) (last sentence),

513(g)(2)(B); added Oct. 14,

1988, Pub. L. 100-494, Sec.

6(a), (c), 102 Stat. 2450,

2452; Oct. 24, 1992, Pub. L.

102-486, Sec. 403(2),

(5)(G)(ii)(II), (III), 106

Stat. 2876, 2878.

15:2013(g)(2)(B).

32902(i) 15:2002(i) (1st Oct. 20, 1972, Pub. L.

sentence). 92-513, 86 Stat. 947, Sec.

502(i), (j); added Aug. 4,

1977, Pub. L. 95-91, Sec.

305, 91 Stat. 580; Oct. 10,

1980, Pub. L. 96-425, Sec.

7, 94 Stat. 1828.

32902(j) 15:2002(i) (2d,

last sentences),

(j).

--------------------------------------------------------------------

In subsection (a), the words "Any standard applicable to a model

year under this subsection shall be prescribed" are omitted as

surplus. The words "which begins more than 30 months after December

22, 1975" are omitted as executed.

In subsection (b), the text of 15:2002(a)(1) (related to model

years before 1985) and (3) is omitted as expired. The words "at

least" are omitted as unnecessary because of the source provisions

restated in subsection (c) of this section.

In subsection (c)(1), the words "Subject to paragraph (2) of this

subsection" are added for clarity. The words "may prescribe

regulations amending" are substituted for "may, by rule, amend" for

clarity and consistency in the revised title and because "rule" is

synonymous with "regulation". The words "for a model year" are

substituted for "for model year 1985, or for any subsequent model

year" to eliminate the expired limitation. The reference in

15:2002(h) to 15:2002(d) is omitted because 15:2002(d) is omitted

from the revised title as executed. The words "as well as written"

are omitted as surplus.

In subsection (c)(2), the words "If an amendment increases the

standard . . . or decreases the standard" are substituted for

"except that any amendment that has the effect of increasing . . .

a standard . . ., or of decreasing . . . a standard" to eliminate

unnecessary words. The words "For purposes of considering any

modification which is submitted to the Congress under paragraph

(4)" are omitted as surplus. The words "are deemed to be" are

substituted for "shall be lengthened to" for clarity and

consistency.

In subsection (d)(1), before clause (A), the words "Except as

provided in paragraph (3) of this subsection" are added because of

the restatement. The words "in the model year 2 years before" are

substituted for "in the second model year preceding" for clarity.

The words "The Secretary may exempt a manufacturer only if the

Secretary" are substituted for "Such exemption may only be granted

if the Secretary" and "The Secretary may not issue exemptions with

respect to a model year unless he" to eliminate unnecessary words.

The words "each such standard shall be set at a level which" are

omitted as surplus.

In subsection (d)(3), before clause (A), the words

"Notwithstanding paragraph (1) of this subsection" are substituted

for "Notwithstanding any provision of law authorizing exemptions

from energy conservation requirements for manufacturers of fewer

than 10,000 motor vehicles" to eliminate unnecessary words. In

clause (B), the word "compliance" is substituted for "conformity"

for consistency with chapter 301 of the revised title. The words

"prescribed under chapter 301 of this title" are substituted for

"Federal" for consistency in the revised title.

Subsection (d)(4) is substituted for 15:2002(c)(1) (2d sentence)

to eliminate unnecessary words. The text of 15:2002(c)(2) is

omitted as expired.

In subsection (e)(1)(B), the words "police or other" are omitted

as unnecessary because the authority to prescribe standards

includes the authority to amend those standards.

In subsection (g)(1), the words "from time to time" are omitted

as unnecessary. The cross-reference to 15:2002(a)(3) is omitted as

executed because 15:2002(a)(3) applied to model years 1981-1984.

In subsection (g)(2), the words "that makes" are substituted for

"has the effect of making" to eliminate unnecessary words.

In subsection (i), the words "his responsibilities under" are

omitted as surplus.

In subsection (j), the reference to 15:2002(d) and the words "or

any modification of" are omitted because 15:2002(d) is omitted from

the revised title as executed.

In subsection (j)(1), the words "to prescribe or amend" are

substituted for "to establish, reduce, or amend" to eliminate

unnecessary words. The words "adverse impact" are substituted for

"level" for clarity and consistency. The words "those comments" are

substituted for "unaccommodated comments" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32901, 32903, 32904,

32907, 32909, 32911, 32912, 32917 of this title.

-End-

-CITE-

49 USC Sec. 32903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32903. Credits for exceeding average fuel economy standards

-STATUTE-

(a) Earning and Period for Applying Credits. - When the average

fuel economy of passenger automobiles manufactured by a

manufacturer in a particular model year exceeds an applicable

average fuel economy standard under section 32902(b)-(d) of this

title (determined by the Secretary of Transportation without regard

to credits under this section), the manufacturer earns credits. The

credits may be applied to -

(1) any of the 3 consecutive model years immediately before the

model year for which the credits are earned; and

(2) to the extent not used under clause (1) of this subsection,

any of the 3 consecutive model years immediately after the model

year for which the credits are earned.

(b) Period of Availability and Plan for Future Credits. - (1)

Except as provided in paragraph (2) of this subsection, credits

under this section are available to a manufacturer at the end of

the model year in which earned.

(2)(A) Before the end of a model year, if a manufacturer has

reason to believe that its average fuel economy for passenger

automobiles will be less than the applicable standard for that

model year, the manufacturer may submit a plan to the Secretary of

Transportation demonstrating that the manufacturer will earn

sufficient credits under this section within the next 3 model years

to allow the manufacturer to meet that standard for the model year

involved. Unless the Secretary finds that the manufacturer is

unlikely to earn sufficient credits under the plan, the Secretary

shall approve the plan. Those credits are available for the model

year involved if -

(i) the Secretary approves the plan; and

(ii) the manufacturer earns those credits as provided by the

plan.

(B) If the average fuel economy of a manufacturer is less than

the applicable standard under section 32902(b)-(d) of this title

after applying credits under subsection (a)(1) of this section, the

Secretary of Transportation shall notify the manufacturer and give

the manufacturer a reasonable time (of at least 60 days) to submit

a plan.

(c) Determining Number of Credits. - The number of credits a

manufacturer earns under this section equals the product of -

(1) the number of tenths of a mile a gallon by which the

average fuel economy of the passenger automobiles manufactured by

the manufacturer in the model year in which the credits are

earned exceeds the applicable average fuel economy standard under

section 32902(b)-(d) of this title; times

(2) the number of passenger automobiles manufactured by the

manufacturer during that model year.

(d) Applying Credits for Passenger Automobiles. - The Secretary

of Transportation shall apply credits to a model year on the basis

of the number of tenths of a mile a gallon by which the

manufacturer involved was below the applicable average fuel economy

standard for that model year and the number of passenger

automobiles manufactured that model year by the manufacturer.

Credits applied to a model year are no longer available for another

model year. Before applying credits, the Secretary shall give the

manufacturer written notice and reasonable opportunity to comment.

(e) Applying Credits for Non-Passenger Automobiles. - Credits for

a manufacturer of automobiles that are not passenger automobiles

are earned and applied to a model year in which the average fuel

economy of that class of automobiles is below the applicable

average fuel economy standard under section 32902(a) of this title,

to the same extent and in the same way as provided in this section

for passenger automobiles.

(f) Refund of Collected Penalty. - When a civil penalty has been

collected under this chapter from a manufacturer that has earned

credits under this section, the Secretary of the Treasury shall

refund to the manufacturer the amount of the penalty to the extent

the penalty is attributable to credits available under this

section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1061.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32903(a) 15:2002(l)(1)(B), Oct. 20, 1972, Pub. L.

(4). 92-513, 86 Stat. 947, Sec.

502(l); added Oct. 10, 1980,

Pub. L. 96-425, Sec. 6(b),

94 Stat. 1826.

32903(b)(1) 15:2002(l)(1)(A).

32903(b)(2) 15:2002(l)(1)(C).

32903(c) 15:2002(l)(1)(D).

32903(d) 15:2002(l)(1)(E).

32903(e) 15:2002(l)(2).

32903(f) 15:2002(l)(3).

--------------------------------------------------------------------

In this section, various forms of the words "apply credits" are

substituted for various forms of "credits are available to be taken

into account" to be more concise and to make more clear the

distinction between when credits are available and to what years

they may be applied.

In subsection (a), before clause (1), the text of 15:2002(l)(4)

is omitted as surplus because of 49:322(a). The words "any

adjustment under subsection (d) of this section" are omitted

because 15:2002(d) is omitted from the revised title as executed.

The words "calculated under subparagraph (C)" (which apparently

should be "calculated under subparagraph (D)") are omitted as

surplus. In clauses (1) and (2), the words "with respect to the

average fuel economy of that manufacturer" are omitted as surplus.

The words "year for which the credits are earned" are substituted

for "year in which such manufacturer exceeds such applicable

average fuel economy standard" to eliminate unnecessary words.

Subsection (b)(1) is substituted for 15:2002(l)(1)(A) to

eliminate unnecessary words.

In subsection (b)(2)(A) is substituted for

15:2002(l)(1)(C)(i)-(iii) to eliminate unnecessary words.

In subsection (e), the words "as provided in this section for

passenger automobiles" are substituted for "as provided for under

paragraph (1)" for clarity. The text of 15:2002(l)(2) (last

sentence) is omitted as expired.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32902, 32904, 32909,

32911, 32912 of this title.

-End-

-CITE-

49 USC Sec. 32904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32904. Calculation of average fuel economy

-STATUTE-

(a) Method of Calculation. - (1) The Administrator of the

Environmental Protection Agency shall calculate the average fuel

economy of a manufacturer subject to -

(A) section 32902(a) of this title in a way prescribed by the

Administrator; and

(B) section 32902(b)-(d) of this title by dividing -

(i) the number of passenger automobiles manufactured by the

manufacturer in a model year; by

(ii) the sum of the fractions obtained by dividing the number

of passenger automobiles of each model manufactured by the

manufacturer in that model year by the fuel economy measured

for that model.

(2)(A) In this paragraph, "electric vehicle" means a vehicle

powered primarily by an electric motor drawing electrical current

from a portable source.

(B) If a manufacturer manufactures an electric vehicle, the

Administrator shall include in the calculation of average fuel

economy under paragraph (1) of this subsection equivalent petroleum

based fuel economy values determined by the Secretary of Energy for

various classes of electric vehicles. The Secretary shall review

those values each year and determine and propose necessary

revisions based on the following factors:

(i) the approximate electrical energy efficiency of the

vehicle, considering the kind of vehicle and the mission and

weight of the vehicle.

(ii) the national average electrical generation and

transmission efficiencies.

(iii) the need of the United States to conserve all forms of

energy and the relative scarcity and value to the United States

of all fuel used to generate electricity.

(iv) the specific patterns of use of electric vehicles compared

to petroleum-fueled vehicles.

(b) Separate Calculations for Passenger Automobiles Manufactured

Domestically and Not Domestically. - (1)(A) Except as provided in

paragraphs (6) and (7) of this subsection, the Administrator shall

make separate calculations under subsection (a)(1)(B) of this

section for -

(i) passenger automobiles manufactured domestically by a

manufacturer (or included in this category under paragraph (5) of

this subsection); and

(ii) passenger automobiles not manufactured domestically by

that manufacturer (or excluded from this category under paragraph

(5) of this subsection).

(B) Passenger automobiles described in subparagraph (A)(i) and

(ii) of this paragraph are deemed to be manufactured by separate

manufacturers under this chapter.

(2) In this subsection (except as provided in paragraph (3)), a

passenger automobile is deemed to be manufactured domestically in a

model year if at least 75 percent of the cost to the manufacturer

is attributable to value added in the United States or Canada,

unless the assembly of the automobile is completed in Canada and

the automobile is imported into the United States more than 30 days

after the end of the model year.

(3)(A) In this subsection, a passenger automobile is deemed to be

manufactured domestically in a model year, as provided in

subparagraph (B) of this paragraph, if at least 75 percent of the

cost to the manufacturer is attributable to value added in the

United States, Canada, or Mexico, unless the assembly of the

automobile is completed in Canada or Mexico and the automobile is

imported into the United States more than 30 days after the end of

the model year.

(B) Subparagraph (A) of this paragraph applies to automobiles

manufactured by a manufacturer and sold in the United States,

regardless of the place of assembly, as follows:

(i) A manufacturer that began assembling automobiles in Mexico

before model year 1992 may elect, during the period from January

1, 1997, through January 1, 2004, to have subparagraph (A) of

this paragraph apply to all automobiles manufactured by that

manufacturer beginning with the model year that begins after the

date of the election.

(ii) For a manufacturer that began assembling automobiles in

Mexico after model year 1991, subparagraph (A) of this paragraph

applies to all automobiles manufactured by that manufacturer

beginning with the model year that begins after January 1, 1994,

or the model year beginning after the date the manufacturer

begins assembling automobiles in Mexico, whichever is later.

(iii) A manufacturer not described in clause (i) or (ii) of

this subparagraph that assembles automobiles in the United States

or Canada, but not in Mexico, may elect, during the period from

January 1, 1997, through January 1, 2004, to have subparagraph

(A) of this paragraph apply to all automobiles manufactured by

that manufacturer beginning with the model year that begins after

the date of the election. However, if the manufacturer begins

assembling automobiles in Mexico before making an election under

this subparagraph, this clause does not apply, and the

manufacturer is subject to clause (ii) of this subparagraph.

(iv) For a manufacturer that does not assemble automobiles in

the United States, Canada, or Mexico, subparagraph (A) of this

paragraph applies to all automobiles manufactured by that

manufacturer beginning with the model year that begins after

January 1, 1994.

(v) For a manufacturer described in clause (i) or (iii) of this

subparagraph that does not make an election within the specified

period, subparagraph (A) of this paragraph applies to all

automobiles manufactured by that manufacturer beginning with the

model year that begins after January 1, 2004.

(C) The Secretary of Transportation shall prescribe reasonable

procedures for elections under subparagraph (B) of this paragraph.

(4) In this subsection, the fuel economy of a passenger

automobile that is not manufactured domestically is deemed to be

equal to the average fuel economy of all passenger automobiles

manufactured by the same manufacturer that are not manufactured

domestically.

(5)(A) A manufacturer may submit to the Secretary of

Transportation for approval a plan, including supporting material,

stating the actions and the deadlines for taking the actions, that

will ensure that the model or models referred to in subparagraph

(B) of this paragraph will be manufactured domestically before the

end of the 4th model year covered by the plan. The Secretary

promptly shall consider and act on the plan. The Secretary shall

approve the plan unless -

(i) the Secretary finds that the plan is inadequate to meet the

requirements of this paragraph; or

(ii) the manufacturer previously has submitted a plan approved

by the Secretary under this paragraph.

(B) If the plan is approved, the Administrator shall include

under paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii) of

this subsection, for each of the 4 model years covered by the plan,

not more than 150,000 passenger automobiles manufactured by that

manufacturer but not qualifying as domestically manufactured if -

(i) the model or models involved previously have not been

manufactured domestically;

(ii) at least 50 percent of the cost to the manufacturer of

each of the automobiles is attributable to value added in the

United States or Canada;

(iii) the automobiles, if their assembly was completed in

Canada, are imported into the United States not later than 30

days after the end of the model year; and

(iv) the model or models are manufactured domestically before

the end of the 4th model year covered by the plan.

(6)(A) A manufacturer may file with the Secretary of

Transportation a petition for an exemption from the requirement of

separate calculations under paragraph (1)(A) of this subsection if

the manufacturer began automobile production or assembly in the

United States -

(i) after December 22, 1975, and before May 1, 1980; or

(ii) after April 30, 1980, if the manufacturer has engaged in

the production or assembly in the United States for at least one

model year ending before January 1, 1986.

(B) The Secretary of Transportation shall grant the exemption

unless the Secretary finds that the exemption would result in

reduced employment in the United States related to motor vehicle

manufacturing during the period of the exemption. An exemption

under this paragraph is effective for 5 model years or, if

requested by the manufacturer, a longer period provided by the

Secretary in the order granting the exemption. The exemption

applies to passenger automobiles manufactured by that manufacturer

during the period of the exemption.

(C) Before granting an exemption, the Secretary of Transportation

shall provide notice of, and reasonable opportunity for, written or

oral comment about the petition. The period for comment shall end

not later than 60 days after the petition is filed, except that the

Secretary may extend the period for not more than another 30 days.

The Secretary shall decide whether to grant or deny the exemption,

and publish notice of the decision in the Federal Register, not

later than 90 days after the petition is filed, except that the

Secretary may extend the time for decision to a later date (not

later than 150 days after the petition is filed) if the Secretary

publishes notice of, and reasons for, the extension in the Federal

Register. If the Secretary does not make a decision within the time

provided in this subparagraph, the petition is deemed to have been

granted. Not later than 30 days after the end of the decision

period, the Secretary shall submit a written statement of the

reasons for not making a decision to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Commerce of the House of Representatives.

(7)(A) A person adversely affected by a decision of the Secretary

of Transportation granting or denying an exemption may file, not

later than 30 days after publication of the notice of the decision,

a petition for review in the United States Court of Appeals for the

District of Columbia Circuit. That court has exclusive jurisdiction

to review the decision and to affirm, remand, or set aside the

decision under section 706(2)(A)-(D) of title 5.

(B) A judgment of the court under this subparagraph may be

reviewed by the Supreme Court under section 1254 of title 28.

Application for review by the Supreme Court must be made not later

than 30 days after entry of the court's judgment.

(C) A decision of the Secretary of Transportation on a petition

for an exemption under this paragraph may be reviewed

administratively or judicially only as provided in this paragraph.

(8) Notwithstanding section 32903 of this title, during a model

year when an exemption under this paragraph is effective for a

manufacturer -

(A) credit may not be earned under section 32903(a) of this

title by the manufacturer; and

(B) credit may not be made available under section 32903(b)(2)

of this title for the manufacturer.

(c) Testing and Calculation Procedures. - The Administrator shall

measure fuel economy for each model and calculate average fuel

economy for a manufacturer under testing and calculation procedures

prescribed by the Administrator. However, except under section

32908 of this title, the Administrator shall use the same

procedures for passenger automobiles the Administrator used for

model year 1975 (weighted 55 percent urban cycle and 45 percent

highway cycle), or procedures that give comparable results. A

measurement of fuel economy or a calculation of average fuel

economy (except under section 32908) shall be rounded off to the

nearest .1 of a mile a gallon. The Administrator shall decide on

the quantity of other fuel that is equivalent to one gallon of

gasoline. To the extent practicable, fuel economy tests shall be

carried out with emissions tests under section 206 of the Clean Air

Act (42 U.S.C. 7525).

(d) Effective Date of Procedure or Amendment. - The Administrator

shall prescribe a procedure under this section, or an amendment

(except a technical or clerical amendment) in a procedure, at least

12 months before the beginning of the model year to which the

procedure or amendment applies.

(e) Reports and Consultation. - The Administrator shall report

measurements and calculations under this section to the Secretary

of Transportation and shall consult and coordinate with the

Secretary in carrying out this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1062; Pub. L.

103-429, Sec. 6(36), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

104-287, Sec. 5(63), Oct. 11, 1996, 110 Stat. 3395.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32904(a)(1) 15:2003(a)(1), (2). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

503(a)(1), (2), (d)-(f);

added Dec. 22, 1975, Pub. L.

94-163, Sec. 301, 89 Stat.

906, 907.

32904(a)(2) 15:2003(a)(3). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

503(a)(3); added Jan. 7,

1980, Pub. L. 96-185, Sec.

18 (related to Sec.

503(a)(3) of Motor Vehicle

Information and Cost Savings

Act), 93 Stat. 1336.

32904(b)(1) 15:2003(b)(2). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

503(b)(1), (2); added Dec.

22, 1975, Pub. L. 94-163,

Sec. 301, 89 Stat. 906; Oct.

10, 1980, Pub. L. 96-425,

Secs. 4(c)(2), (3), 8(e), 94

Stat. 1824, 1829.

32904(b)(2) 15:2003(b)(1).

32904(b)(3) 15:2003(b)(4). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

503(b)(4); added Oct. 10,

1980, Pub. L. 96-425, Sec.

4(b), 94 Stat. 1824.

32904(b) 15:2003(b)(3). Oct. 20, 1972, Pub. L.

(4)-(6) 92-513, 86 Stat. 947, Sec.

503(b)(3); added Oct. 10,

1980, Pub. L. 96-425, Sec.

4(a)(1), 94 Stat. 1822; Nov.

8, 1984, Pub. L. 98-620,

Sec. 402(18), 98 Stat. 3358.

32904(c) 15:2003(d)(1)

(1st-3d sentences),

(2), (e).

32904(d) 15:2003(d)(3).

32904(e) 15:2003(d)(1) (last

sentence), (f).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "of a

manufacturer subject to" are substituted for "for the purposes of"

for clarity. In clause (B)(ii), the words "the sum of the fractions

obtained by" are substituted for "a sum of terms, each term of

which is a fraction created by" to eliminate unnecessary words.

Subsection (a)(2)(A) is substituted for "as defined in section

2012(b)(2) of this title" for clarity.

In subsection (a)(2)(B), before clause (i), the words "the

Administrator shall include in the calculation of average fuel

economy" are substituted for "the average fuel economy will be

calculated . . . to include" for clarity. The text of

15:2003(a)(3)(B) is omitted as executed. The words "determine and

propose" are substituted for "propose" for clarity and consistency

with the authority of the Secretary under the source provisions.

The words "based on the following factors" are substituted for

"Determination of these fuel economy values will take into account

the following parameters" for clarity and to eliminate unnecessary

words. The factors in clauses (i)-(iv) are applied to revisions in

fuel economy values for clarity and consistency with the authority

of the Secretary under the source provisions. In clause (iv), the

words "patterns of use" are substituted for "driving patterns" for

clarity.

In subsection (b)(1), before clause (A), the text of

15:2003(b)(2)(A)-(D) is omitted as executed. In clause (A), the

words "is imported . . . more than 30 days after" are substituted

for "is not imported . . . prior to the expiration of 30 days

following" for clarity and for consistency in the revised chapter.

The words "The EPA Administrator may prescribe rules for purposes

of carrying out this subparagraph" are omitted as surplus because

of the authority of the Administrator to prescribe regulations

under section 32910(d) of the revised title. The term "regulations"

is used in section 32910(d) instead of "rules" for consistency in

the revised title and because the terms are synonymous. In clause

(B), the words "which is imported by a manufacturer in model year

1978 or any subsequent year, as the case may be, and" are omitted

as surplus.

In subsection (b)(2)(A), before clause (i), the words "Except as

provided in paragraphs (4) and (5) of this subsection" are added

for clarity. The words "the Administrator shall make separate

calculations" are substituted for "In calculating average fuel

economy . . . the EPA Administrator shall separate the total number

of passenger automobiles manufactured by a manufacturer into the

following two categories" and "The EPA Administrator shall

calculate the average fuel economy of each such separate category"

to eliminate unnecessary words. In clauses (i) and (ii), the

reference in the parenthetical to paragraph (3) is substituted for

the reference in the source to paragraph (3), which apparently

should have been a reference to paragraph (4). The text of

15:2003(b)(1)(A) (words in parentheses) and (B) (words in

parentheses) is omitted as executed.

Subsection (b)(2)(B) is substituted for 15:2003(b)(1) (words

after last comma) because of the restatement.

In subsection (b)(3)(A), before clause (i), the word "deadlines"

is substituted for "dates" for clarity. The text of

15:2003(b)(4)(C) is omitted as executed.

In subsection (b)(4)(A), before clause (i), the words "A

manufacturer may file with the Secretary of Transportation a

petition for an exemption from the requirement of separate

calculations under paragraph (2)(A) of this subsection" are

substituted for "petition . . . for an exemption from the

provisions of paragraph (1) filed by a manufacturer, the Secretary"

for clarity.

In subsection (b)(5)(B), the words "judgment of the court under

this subparagraph may be reviewed" are substituted for "judgment of

the court affirming, remanding, or setting aside, in whole or in

part, any such decision shall be final, subject to review" to

eliminate unnecessary words.

In subsection (b)(5)(C), the words "Notwithstanding any other

provision of law" are omitted as surplus. The words "a petition

for" are added for consistency.

In subsection (c), the words "of a model type" and "of a

manufacturer" are omitted as surplus. The words "by rule" are

omitted as surplus because of the authority of the Administrator to

prescribe regulations under section 32910(d) of the revised title.

The term "regulations" is used in section 32910(d) instead of

"rules" for consistency in the revised title and because the terms

are synonymous. The words "However . . . the Administrator shall

use the same procedures for passenger automobiles the Administrator

used" are substituted for "Procedures so established with respect

to passenger automobiles . . . shall be the procedures utilized by

the EPA Administrator" for clarity. The words "(in accordance with

rules of the EPA Administrator)" are omitted as surplus. The words

"fuel economy tests shall be carried out with" are substituted for

"Procedures under this subsection . . . shall require that fuel

economy tests be conducted in conjunction with" to eliminate

unnecessary words.

In subsection (d), the words "The Administrator shall prescribe a

procedure under this section, or an amendment . . . at least" are

substituted for "Testing and calculation procedures applicable to a

model year and any amendment to such procedures . . . shall be

promulgated not less than" to eliminate unnecessary words.

In subsection (e), the words "his duties under" are omitted as

surplus.

PUB. L. 103-429, SEC. 6(36)(A)

This makes conforming amendments necessary because of the

restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section

6(36)(B) of the bill.

PUB. L. 103-429, SEC. 6(36)(B)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32904(b) 15:2003(b)(2)(E), Oct. 20, 1972, Public Law

(G). 92-513, Sec. 503(b)(2)(E),

(G), as amended Dec. 8,

1993, Pub. L. 103-182, Sec.

371, 107 Stat. 2127.

--------------------------------------------------------------------

The text of 49:32904(b)(1) is the text of 49:32904(b)(2), as

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1063), with conforming changes made in the cited

cross-references.

The text of subsection (b)(2) is the text of 49:32904(b)(1)(A),

as enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1063), with the amendments of the underlying

source provisions of 49:32904(b)(1)(A) made by section 371(b)(1) of

the North American Free Trade Implementation Act (Public Law

103-182, 107 Stat. 2128). The words "(except as provided in

paragraph (3))" are substituted for "Except as provided in

subparagraph (G)" because of the restatement of 15:2003(b)(2)(G) as

49:32904(b)(3).

In subsection (b)(3)(A), the words "is imported . . . more than

30 days after" are substituted for "is not imported . . . prior to

the expiration of 30 days following" for clarity and consistency

with title 49, United States Code.

In subsection (b)(3)(C), the words "and the EPA Administrator may

prescribe rules for purposes of carrying out this subparagraph" are

omitted as surplus because of the authority of the Administrator to

prescribe regulations under 49:32910(d). The amendment made by

section 371(b)(2) of the North American Free Trade Implementation

Act (Public Law 103-182, 107 Stat. 2128) is not given effect

because the last sentence of section 503(b)(2)(E) of the Motor

Vehicle and Cost Savings Act (Public Law 92-513, 86 Stat. 947) was

omitted in the restatement of title 49 because of the authority of

the Administrator to prescribe regulations under 49:32910(d).

The text of subsection (b)(4) is the text of 49:32904(b)(1)(B),

as enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1063).

PUB. L. 103-429, SEC. 6(36)(C), (D)

This makes conforming amendments necessary because of the

restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section

6(36)(B) of the bill.

AMENDMENTS

1996 - Subsec. (b)(6)(C). Pub. L. 104-287 substituted "Committee

on Commerce" for "Committee on Energy and Commerce".

1994 - Subsec. (b)(1). Pub. L. 103-429, Sec. 6(36)(B), added par.

(1) and struck out former par. (1) which read as follows: "In this

subsection -

"(A) a passenger automobile is deemed to be manufactured

domestically in a model year if at least 75 percent of the cost

to the manufacturer is attributable to value added in the United

States or Canada, unless the assembly of the automobile is

completed in Canada and the automobile is imported into the

United States more than 30 days after the end of the model year;

and

"(B) the fuel economy of a passenger automobile that is not

manufactured domestically is deemed to be equal to the average

fuel economy of all passenger automobiles manufactured by the

same manufacturer that are not manufactured domestically."

Subsec. (b)(2). Pub. L. 103-429, Sec. 6(36)(B), added par. (2)

and struck out former par. (2) which read as follows:

"(2)(A) Except as provided in paragraphs (4) and (5) of this

subsection, the Administrator shall make separate calculations

under subsection (a)(1)(B) of this section for -

"(i) passenger automobiles manufactured domestically by a

manufacturer (or included in this category under paragraph (3) of

this subsection); and

"(ii) passenger automobiles not manufactured domestically by

that manufacturer (or excluded from this category under paragraph

(3) of this subsection).

"(B) Passenger automobiles described in subparagraph (A)(i) and

(ii) of this paragraph are deemed to be manufactured by separate

manufacturers under this chapter."

Subsec. (b)(3), (4). Pub. L. 103-429, Sec. 6(36)(B), added pars.

(3) and (4). Former pars. (3) and (4) redesignated (5) and (6),

respectively.

Subsec. (b)(5). Pub. L. 103-429, Sec. 6(36)(A), redesignated par.

(3) as (5). Former par. (5) redesignated (7).

Subsec. (b)(5)(B). Pub. L. 103-429, Sec. 6(36)(C), substituted

"paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii)" for

"paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii)" in

introductory provisions.

Subsec. (b)(6). Pub. L. 103-429, Sec. 6(36)(A), redesignated par.

(4) as (6). Former par. (6) redesignated (8).

Subsec. (b)(6)(A). Pub. L. 103-429, Sec. 6(36)(D), substituted

"paragraph (1)(A)" for "paragraph (2)(A)" in introductory

provisions.

Subsec. (b)(7), (8). Pub. L. 103-429, Sec. 6(36)(A), redesignated

pars. (5) and (6) as (7) and (8), respectively.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32901, 32905, 32906,

32909, 32910, 32911, 32912, 32916 of this title; title 15 section

2512.

-End-

-CITE-

49 USC Sec. 32905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32905. Manufacturing incentives for alternative fuel

automobiles

-STATUTE-

(a) Dedicated Automobiles. - Except as provided in subsection (c)

of this section or section 32904(a)(2) of this title, for any model

of dedicated automobile manufactured by a manufacturer after model

year 1992, the fuel economy measured for that model shall be based

on the fuel content of the alternative fuel used to operate the

automobile. A gallon of a liquid alternative fuel used to operate a

dedicated automobile is deemed to contain .15 gallon of fuel.

(b) Dual Fueled Automobiles. - Except as provided in subsection

(d) of this section or section 32904(a)(2) of this title, for any

model of dual fueled automobile manufactured by a manufacturer in

model years 1993-2004, the Administrator of the Environmental

Protection Agency shall measure the fuel economy for that model by

dividing 1.0 by the sum of -

(1) .5 divided by the fuel economy measured under section

32904(c) of this title when operating the model on gasoline or

diesel fuel; and

(2) .5 divided by the fuel economy measured under subsection

(a) of this section when operating the model on alternative fuel.

(c) Gaseous Fuel Dedicated Automobiles. - For any model of

gaseous fuel dedicated automobile manufactured by a manufacturer

after model year 1992, the Administrator shall measure the fuel

economy for that model based on the fuel content of the gaseous

fuel used to operate the automobile. One hundred cubic feet of

natural gas is deemed to contain .823 gallon equivalent of natural

gas. The Secretary of Transportation shall determine the

appropriate gallon equivalent of other gaseous fuels. A gallon

equivalent of gaseous fuel is deemed to have a fuel content of .15

gallon of fuel.

(d) Gaseous Fuel Dual Fueled Automobiles. - For any model of

gaseous fuel dual fueled automobile manufactured by a manufacturer

in model years 1993-2004, the Administrator shall measure the fuel

economy for that model by dividing 1.0 by the sum of -

(1) .5 divided by the fuel economy measured under section

32904(c) of this title when operating the model on gasoline or

diesel fuel; and

(2) .5 divided by the fuel economy measured under subsection

(c) of this section when operating the model on gaseous fuel.

(e) Fuel Economy Calculations. - The Administrator shall

calculate the manufacturer's average fuel economy under section

32904(a)(1) of this title for each model described under

subsections (a)-(d) of this section by using as the denominator the

fuel economy measured for each model under subsections (a)-(d).

(f) Extending Application of Subsections (b) and (d). - Not later

than December 31, 2001, the Secretary of Transportation shall -

(1) extend by regulation the application of subsections (b) and

(d) of this section for not more than 4 consecutive model years

immediately after model year 2004 and explain the basis on which

the extension is granted; or

(2) publish a notice explaining the reasons for not extending

the application of subsections (b) and (d) of this section.

(g) Study and Report. - Not later than September 30, 2000, the

Secretary of Transportation, in consultation with the Secretary of

Energy and the Administrator, shall complete a study of the success

of the policy of subsections (b) and (d) of this title, and submit

to the Committees on Commerce, Science, and Transportation and

Governmental Affairs of the Senate and the Committee on Commerce of

the House of Representatives a report on the results of the study,

including preliminary conclusions on whether the application of

subsections (b) and (d) should be extended for up to 4 more model

years. The study and conclusions shall consider -

(1) the availability to the public of alternative fueled

automobiles and alternative fuel;

(2) energy conservation and security;

(3) environmental considerations; and

(4) other relevant factors.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1065; Pub. L.

104-287, Sec. 5(63), Oct. 11, 1996, 110 Stat. 3395.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32905(a) 15:2013(a), (f)(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

513(a)-(f); added Oct. 14,

1988, Pub. L. 100-494, Sec.

6(a), 102 Stat. 2448; Oct.

24, 1992, Pub. L. 102-486,

Sec. 403(5)(A)-(F), 106

Stat. 2876.

32905(b) 15:2013(b), (f)(1).

32905(c) 15:2013(c), (f)(1).

32905(d) 15:2013(d), (f)(1).

32905(e) 15:2013(e).

32905(f) 15:2013(f)(2)(B).

32905(g) 15:2013(f)(2)(A).

--------------------------------------------------------------------

In subsections (a) and (c), the words "after model year 1992" are

substituted for "Subsections (a) and (c) shall apply only to

automobiles manufactured after model year 1992" because of the

restatement.

In subsections (b) and (d), before each clause (1), the words "in

model years 1993-2004" are substituted for "Except as otherwise

provided in this subsection, subsections (b) and (d) shall apply

only to automobiles manufactured in model year 1993 through model

year 2004" to eliminate unnecessary words and because of the

restatement.

In subsection (c), the words "For purposes of this section" and

"than natural gas" are omitted as unnecessary because of the

restatement. The words "a gallon equivalent of natural gas" are

omitted as being included in "A gallon equivalent of any gaseous

fuel".

In subsection (e), the words "subject to the provisions of this

section" are omitted as unnecessary because of the restatement. The

words "for each model described under subsections (a)-(d) of this

section" are substituted for "for each model type of dedicated

automobile or dual fueled automobile" to eliminate unnecessary

words. The words "by using as the denominator" are substituted for

"by including as the denominator of the term" for clarity.

AMENDMENTS

1996 - Subsec. (g). Pub. L. 104-287 substituted "Committee on

Commerce" for "Committee on Energy and Commerce".

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32901, 32906, 32908 of

this title.

-End-

-CITE-

49 USC Sec. 32906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32906. Maximum fuel economy increase for alternative fuel

automobiles

-STATUTE-

(a) Maximum Increases. - (1)(A) For each of the model years

1993-2004 for each category of automobile (except an electric

automobile), the maximum increase in average fuel economy for a

manufacturer attributable to dual fueled automobiles is 1.2 miles a

gallon.

(B) If the application of section 32905(b) and (d) of this title

is extended under section 32905(f) of this title, for each category

of automobile (except an electric automobile) the maximum increase

in average fuel economy for a manufacturer for each of the model

years 2005-2008 attributable to dual fueled automobiles is .9 mile

a gallon.

(2) In applying paragraph (1) of this subsection, the

Administrator of the Environmental Protection Agency shall

determine the increase in a manufacturer's average fuel economy

attributable to dual fueled automobiles by subtracting from the

manufacturer's average fuel economy calculated under section

32905(e) of this title the number equal to what the manufacturer's

average fuel economy would be if it were calculated by the formula

in section 32904(a)(1) of this title by including as the

denominator for each model of dual fueled automobile the fuel

economy when the automobiles are operated on gasoline or diesel

fuel. If the increase attributable to dual fueled automobiles for

any model year described -

(A) in paragraph (1)(A) of this subsection is more than 1.2

miles a gallon, the limitation in paragraph (1)(A) applies; and

(B) in paragraph (1)(B) of this subsection is more than .9 mile

a gallon, the limitation in paragraph (1)(B) applies.

(b) Offsets. - Notwithstanding this section and sections 32901(c)

and 32905 of this title, if the Secretary of Transportation reduces

the average fuel economy standard for passenger automobiles for any

model year below 27.5 miles a gallon, an increase in average fuel

economy for passenger automobiles of more than .7 mile a gallon to

which a manufacturer of dual fueled automobiles would otherwise be

entitled is reduced by an amount equal to the amount of the

reduction in the standard. However, the increase may not be reduced

to less than .7 mile a gallon.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1067.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32906(a) 15:2013(g)(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

513(g)(1), (2)(A); added

Oct. 14, 1988, Pub. L.

100-494, Sec. 6(a), 102

Stat. 2449; Oct. 24, 1992,

Pub. L. 102-486, Sec. 403(5)

(G)(i), (ii)(I), 106 Stat.

2877.

32906(b) 15:2013(g)(2)(A).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32901 of this title.

-End-

-CITE-

49 USC Sec. 32907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32907. Reports and tests of manufacturers

-STATUTE-

(a) Manufacturer Reports. - (1) A manufacturer shall report to

the Secretary of Transportation on -

(A) whether the manufacturer will comply with an applicable

average fuel economy standard under section 32902 of this title

for the model year for which the report is made;

(B) the actions the manufacturer has taken or intends to take

to comply with the standard; and

(C) other information the Secretary requires by regulation.

(2) A manufacturer shall submit a report under paragraph (1) of

this subsection during the 30 days -

(A) before the beginning of each model year; and

(B) beginning on the 180th day of the model year.

(3) When a manufacturer decides that actions reported under

paragraph (1)(B) of this subsection are not sufficient to ensure

compliance with that standard, the manufacturer shall report to the

Secretary additional actions the manufacturer intends to take to

comply with the standard and include a statement about whether

those actions are sufficient to ensure compliance.

(4) This subsection does not apply to a manufacturer for a model

year for which the manufacturer is subject to an alternative

average fuel economy standard under section 32902(d) of this title.

(b) Records, Reports, Tests, Information, and Inspection. - (1)

Under regulations prescribed by the Secretary or the Administrator

of the Environmental Protection Agency to carry out this chapter, a

manufacturer shall keep records, make reports, conduct tests, and

provide items and information. On request and display of proper

credentials, an officer or employee designated by the Secretary or

Administrator may inspect automobiles and records of the

manufacturer. An inspection shall be made at a reasonable time and

in a reasonable way.

(2) The district courts of the United States may -

(A) issue an order enforcing a requirement or request under

paragraph (1) of this subsection; and

(B) punish a failure to obey the order as a contempt of court.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1067.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32907(a) 15:2005(a)(1)-(3). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

505(a)(1)-(3), (c); added

Dec. 22, 1975, Pub. L.

94-163, Sec. 301, 89 Stat.

908, 909.

15:2005(a)(4). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

505(a)(4); added Oct. 10,

1980, Pub. L. 96-425, Sec.

3(b), 94 Stat. 1822.

32907(b) 15:2005(c).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "shall report

to the Secretary of Transportation on" are substituted for "shall

submit a report to the Secretary . . . Each such report shall

contain (A) a statement as to" to eliminate unnecessary words. In

clause (B), the words "the actions" are substituted for "a plan

which describes the steps" to eliminate unnecessary words.

In subsection (a)(2)(A), the words "after model year 1977" are

omitted as obsolete.

In subsection (a)(3), the words "actions reported . . . are not

sufficient to ensure compliance with that standard" are substituted

for "a plan submitted . . . which he stated was sufficient to

insure compliance with applicable average fuel economy standards is

not sufficient to insure such compliance" to eliminate unnecessary

words and for consistency in the section. The words "additional

actions" are substituted for "a revised plan which specifies any

additional measures" for consistency in the section. The text of

15:2005(a)(3) is omitted as surplus because of 49:322(a).

In subsection (b)(1), the words "Under regulations prescribed by

the Secretary or the Administrator of the Environmental Protection

Agency to carry out this chapter" are substituted for "as the

Secretary or the EPA Administrator may, by rule, reasonably require

to enable the Secretary or the EPA Administrator to carry out their

duties under this subchapter and under any rules prescribed

pursuant to this subchapter" to eliminate unnecessary words, for

consistency in the revised title, and because "rules" and

"regulations" are synonymous. The words "establish and" are omitted

as surplus. The 2d sentence is substituted for 15:2005(c) (2d

sentence) to eliminate unnecessary words and for consistency. The

text of 15:2005(c)(1) (last sentence) is omitted as surplus because

of section 32910(d) of the revised title and 49:322(a).

Subsection (b)(2)(A) is substituted for "if a manufacturer

refuses to accede to any rule or reasonable request made under

paragraph (1), issue an order requiring compliance with such

requirement or request" to eliminate unnecessary words.

Subsection (b)(2)(B) is substituted for 15:2005(c) (last

sentence) to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 32908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32908. Fuel economy information

-STATUTE-

(a) Definitions. - In this section -

(1) "automobile" includes an automobile rated at not more than

8,500 pounds gross vehicle weight regardless of whether the

Secretary of Transportation has applied this chapter to the

automobile under section 32901(a)(3)(B) of this title.

(2) "dealer" means a person residing or located in a State, the

District of Columbia, or a territory or possession of the United

States, and engaged in the sale or distribution of new

automobiles to the first person (except a dealer buying as a

dealer) that buys the automobile in good faith other than for

resale.

(b) Labeling Requirements and Contents. - (1) Under regulations

of the Administrator of the Environmental Protection Agency, a

manufacturer of automobiles shall attach a label to a prominent

place on each automobile manufactured in a model year. The dealer

shall maintain the label on the automobile. The label shall contain

the following information:

(A) the fuel economy of the automobile.

(B) the estimated annual fuel cost of operating the automobile.

(C) the range of fuel economy of comparable automobiles of all

manufacturers.

(D) a statement that a booklet is available from the dealer to

assist in making a comparison of fuel economy of other

automobiles manufactured by all manufacturers in that model year.

(E) the amount of the automobile fuel efficiency tax imposed on

the sale of the automobile under section 4064 of the Internal

Revenue Code of 1986 (26 U.S.C. 4064).

(F) other information required or authorized by the

Administrator that is related to the information required by

clauses (A)-(D) of this paragraph.

(2) The Administrator may allow a manufacturer to comply with

this subsection by -

(A) disclosing the information on the label required under

section 3 of the Automobile Information Disclosure Act (15 U.S.C.

1232); and

(B) including the statement required by paragraph (1)(E) of

this subsection at a time and in a way that takes into account

special circumstances or characteristics.

(3) For dedicated automobiles manufactured after model year 1992,

the fuel economy of those automobiles under paragraph (1)(A) of

this subsection is the fuel economy for those automobiles when

operated on alternative fuel, measured under section 32905(a) or

(c) of this title, multiplied by .15. Each label required under

paragraph (1) of this subsection for dual fueled automobiles shall

-

(A) indicate the fuel economy of the automobile when operated

on gasoline or diesel fuel;

(B) clearly identify the automobile as a dual fueled

automobile;

(C) clearly identify the fuels on which the automobile may be

operated; and

(D) contain a statement informing the consumer that the

additional information required by subsection (c)(2) of this

section is published and distributed by the Secretary of Energy.

(c) Fuel Economy Information Booklet. - (1) The Administrator

shall prepare the booklet referred to in subsection (b)(1)(D) of

this section. The booklet -

(A) shall be simple and readily understandable;

(B) shall contain information on fuel economy and estimated

annual fuel costs of operating automobiles manufactured in each

model year; and

(C) may contain information on geographical or other

differences in estimated annual fuel costs.

(2)(A) For dual fueled automobiles manufactured after model year

1992, the booklet published under paragraph (1) shall contain

additional information on -

(i) the energy efficiency and cost of operation of those

automobiles when operated on gasoline or diesel fuel as compared

to those automobiles when operated on alternative fuel; and

(ii) the driving range of those automobiles when operated on

gasoline or diesel fuel as compared to those automobiles when

operated on alternative fuel.

(B) For dual fueled automobiles, the booklet published under

paragraph (1) also shall contain -

(i) information on the miles a gallon achieved by the

automobiles when operated on alternative fuel; and

(ii) a statement explaining how the information made available

under this paragraph can be expected to change when the

automobile is operated on mixtures of alternative fuel and

gasoline or diesel fuel.

(3) The Secretary of Energy shall publish and distribute the

booklet. The Administrator shall prescribe regulations requiring

dealers to make the booklet available to prospective buyers.

(d) Disclosure. - A disclosure about fuel economy or estimated

annual fuel costs under this section does not establish a warranty

under a law of the United States or a State.

(e) Violations. - A violation of subsection (b) of this section

is -

(1) a violation of section 3 of the Automobile Information

Disclosure Act (15 U.S.C. 1232); and

(2) an unfair or deceptive act or practice in or affecting

commerce under the Federal Trade Commission Act (15 U.S.C. 41 et

seq.), except sections 5(m) and 18 (15 U.S.C. 45(m), 57a).

(f) Consultation. - The Administrator shall consult with the

Federal Trade Commission and the Secretaries of Transportation and

Energy in carrying out this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1068; Pub. L.

103-429, Sec. 6(37), Oct. 31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32908(a) 15:2006(c)(2). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

506(a)(1)-(3), (b)(1), (2),

(c)(1), (2), (d), (e); added

Dec. 22, 1975, Pub. L.

94-163, Sec. 301, 89 Stat.

910; Nov. 9, 1978, Pub. L.

95-619, Secs. 401(a)(2),

403(a), (b), 92 Stat. 3254,

3256.

15:2006(c)(3). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

506(c)(3); added Nov. 9,

1978, Pub. L. 95-619, Sec.

401(a)(1), 92 Stat. 3254.

32908(b)( 15:2006(a)(1)-(3).

1), (2)

32908(b)(3) 15:2006(a)(4). Oct. 20, 1972, Pub. L.

92-516, 86 Stat. 947, Sec.

506(a)(4), (b)(3); added

Oct. 14, 1988, Pub. L.

100-494, Sec. 8(a), 102

Stat. 2452; Oct. 24, 1992,

Pub. L. 102-486, Sec.

403(3), (4), 106 Stat. 2876.

15:2006 (note). Oct. 14, 1988, Pub. L.

100-494, Sec. 8(b), 102

Stat. 2453.

32908(c)(1) 15:2006(b)(1) (1st

sentence).

32908(c)(2) 15:2006(b)(3).

15:2006 (note).

32908(c)(3) 15:2006(b)(1) (last

sentence), (2).

32908(d) 15:2006(d).

32908(e) 15:2006(c)(1).

32908(f) 15:2006(e).

--------------------------------------------------------------------

In this section, references to the Secretary of Energy are

substituted for references to the Administrator of the Federal

Energy Administration because of 42:7151.

In subsection (a)(1), the words "regardless of whether the

Secretary of Transportation has applied this chapter to the

automobile" are substituted for "notwithstanding any lack of

determination required of the Secretary" for consistency with

section 32901(b) of the revised title.

In subsection (a)(2), the words "means a person residing or

located in a State, the District of Columbia, or a territory or

possession of the United States, and engaged in the sale or

distribution of new automobiles to the first person (except a

dealer buying as a dealer) that buys the automobile in good faith

other than for resale" are substituted for "has the same meaning as

such term has in section 2(e) of the Automobile Information

Disclosure Act (15 U.S.C. 1231(e))" to include the words of

15:1231(e) and (g) in the subsection for clarity. The words

"territory or possession" are substituted for "Territory" for

consistency in the revised title and with other titles of the

United States Code. The words "except that in applying such term to

this section, the term 'automobile' has the same meaning as such

term has in section 2001(1) of this title (taking into account

paragraph (3) of this subsection)" are omitted as surplus.

In subsection (b)(1), before clause (A), the text of

15:2006(a)(2) is omitted as executed. The words "Except as

otherwise provided in paragraph (2)" are omitted as surplus because

15:2006(a)(2) is executed and is not part of the revised title. The

words "Under regulations of the Administrator of the Environmental

Protection Agency" are substituted for "as determined in accordance

with rules of the EPA Administrator" and the text of 15:2006(a)(3)

(1st, 2d sentences) to eliminate unnecessary words, for consistency

in the revised title, and because "rules" is synonymous with

"regulations". The word "attach" is substituted for "cause to be

affixed", to eliminate unnecessary words. The words "after model

year 1976" are omitted as executed. The words "The label shall

contain the following information" are substituted for "indicating"

and "containing" for clarity. In clause (C), the words "of all

manufacturers" are substituted for "(whether or not manufactured by

such manufacturer)" to eliminate unnecessary words. In clause (D),

the words "a booklet is available from the dealer to assist in

making a comparison of fuel economy of other automobiles

manufactured by all manufacturers in that model year" are

substituted for "written information (as described in subsection

(b)(1) of this section) with respect to the fuel economy of other

automobiles manufactured in such model year (whether or not

manufactured by such manufacturer) is available from the dealer in

order to facilitate comparison among the various model types" to

eliminate unnecessary words. In clause (E), the words "automobile

fuel efficiency tax imposed on the sale of the automobile under

section 4064 of the Internal Revenue Code of 1986 (26 U.S.C. 4064)"

are substituted for "in the case of any automobile, the sale of

which is subject to any Federal tax imposed with respect to

automobile fuel efficiency, a statement indicating the amount of

such tax" for clarity.

In subsection (b)(3)(D), the words "Secretary of Energy" are

substituted for "Department of Energy" because of 42:7131.

In subsection (c)(1), before clause (A), the words "compile and"

are omitted as surplus.

In subsection (c)(3), the words "not later than July 31, 1976"

are omitted as executed. The words "make the booklet available to

prospective buyers" are substituted for "make available to

prospective purchasers information compiled by the EPA

Administrator under paragraph (1)" to eliminate unnecessary words.

In subsection (d), the words "which is required to be made", "an

express or implied", and "that such fuel economy will be achieved,

or that such cost will not be exceeded, under conditions of actual

use" are omitted as surplus.

In subsection (f), the words "his duties under" are omitted as

surplus.

PUB. L. 103-429

This amends 49:32908(b)(1) to clarify the restatement of

15:2006(a)(1) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1068).

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsec. (e)(2),

is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see section 58 of Title 15 and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-429 inserted "on the

automobile" after "maintain the label" in introductory provisions.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32304, 32901, 32904,

32909, 32911, 32918 of this title.

-End-

-CITE-

49 USC Sec. 32909 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32909. Judicial review of regulations

-STATUTE-

(a) Filing and Venue. - (1) A person that may be adversely

affected by a regulation prescribed in carrying out any of sections

32901-32904 or 32908 of this title may apply for review of the

regulation by filing a petition for review in the United States

Court of Appeals for the District of Columbia Circuit or in the

court of appeals of the United States for the circuit in which the

person resides or has its principal place of business.

(2) A person adversely affected by a regulation prescribed under

section 32912(c)(1) of this title may apply for review of the

regulation by filing a petition for review in the court of appeals

of the United States for the circuit in which the person resides or

has its principal place of business.

(b) Time for Filing and Judicial Procedures. - The petition must

be filed not later than 59 days after the regulation is prescribed,

except that a petition for review of a regulation prescribing an

amendment of a standard submitted to Congress under section

32902(c)(2) of this title must be filed not later than 59 days

after the end of the 60-day period referred to in section

32902(c)(2). The clerk of the court shall send immediately a copy

of the petition to the Secretary of Transportation or the

Administrator of the Environmental Protection Agency, whoever

prescribed the regulation. The Secretary or the Administrator shall

file with the court a record of the proceeding in which the

regulation was prescribed.

(c) Additional Proceedings. - (1) When reviewing a regulation

under subsection (a)(1) of this section, the court, on request of

the petitioner, may order the Secretary or the Administrator to

receive additional submissions if the court is satisfied the

additional submissions are material and there were reasonable

grounds for not presenting the submissions in the proceeding before

the Secretary or Administrator.

(2) The Secretary or the Administrator may amend or set aside the

regulation, or prescribe a new regulation because of the additional

submissions presented. The Secretary or Administrator shall file an

amended or new regulation and the additional submissions with the

court. The court shall review a changed or new regulation.

(d) Supreme Court Review and Additional Remedies. - A judgment of

a court under this section may be reviewed only by the Supreme

Court under section 1254 of title 28. A remedy under subsections

(a)(1) and (c) of this section is in addition to any other remedies

provided by law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1070; Pub. L.

103-429, Sec. 6(38), Oct. 31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32909(a)(1) 15:2004(a) (1st Oct. 20, 1972, Pub. L.

sentence words 92-513, 86 Stat. 947, Sec.

before 4th and 504; added Dec. 22, 1975,

after 6th commas, Pub. L. 94-163, Sec. 301, 89

last sentence). Stat. 908.

32909(a)(2) 15:2004(a) (4th

sentence).

15:2008(e)(3)(A) Oct. 20, 1972, Pub. L.

(1st sentence less 92-513, 86 Stat. 947, Sec.

15th-31st words), 508(e)(3); added Nov. 9,

(B). 1978, Pub. L. 95-619, Sec.

402, 92 Stat. 3256.

32909(b) 15:2004(a) (1st

sentence words

between 4th and 6th

commas, 2d, 3d

sentences).

15:2008(e)(3)(A)

(1st sentence

15th-31st words,

2d, last sentences).

32909(c) 15:2004(b).

32909(d) 15:2004(c), (d).

15:2008(e)(3)(C).

--------------------------------------------------------------------

In this section, the word "regulation" is substituted for "rule"

for consistency in the revised title and because the terms are

synonymous.

In subsection (a)(1) and (2), the words "apply for review" are

added for clarity.

In subsection (a)(1), the text of 15:2004(a) (last sentence) is

omitted because 15:2002(d) is executed and is not a part of the

revised title.

In subsection (a)(2), the words "adversely affected" are

substituted for "aggrieved", and the words "regulation prescribed"

are substituted for "final rule", for consistency in the revised

title and with other titles of the United States Code. The text of

15:2004(a) (4th sentence) and 2008(e)(3)(B) is omitted because

5:ch. 7 applies unless otherwise stated.

In subsection (b), the words "a regulation prescribing an

amendment of a standard submitted to Congress" are substituted for

"or in the case of an amendment submitted to each House of

Congress" in 15:2004(a), and the words "the Secretary of

Transportation or the Administrator of the Environmental Protection

Agency, whoever prescribed the regulation" are substituted for "the

officer who prescribed the rule", for clarity. The words "a record

of the proceeding in which the regulation was prescribed" are

substituted for "the written submissions and other materials in the

proceeding upon which such rule was based" in 15:2004(a) and "the

written submissions to, and transcript of, the written and oral

proceedings on which the rule was based, as provided in section

2112 of title 28, United States Code" in 15:2008(e)(3) for

consistency and to eliminate unnecessary words.

In subsection (c)(1), the words "on request of the petitioner"

are substituted for "If the petitioner applies to the court in a

proceeding under subsection (a) of this section for leave to make

additional submissions", and the words "to receive additional

submissions" are substituted for "to provide additional opportunity

to make such submissions", for clarity.

In subsection (c)(2), the words "amend . . . the regulation" and

"amended . . . regulation" are substituted for "modify . . . the

rule" and "modified . . . rule", respectively, for consistency in

the chapter and because "regulation" is synonymous with "rule".

In subsection (d), the words "affirming or setting aside, in

whole or in part" are omitted as surplus. The words "and not in

lieu of" in 15:2004(d) are omitted as surplus.

PUB. L. 103-429

This amends 49:32909(a)(1) to correct an erroneous

cross-reference.

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-429 substituted "any of

sections 32901-32904" for "section 32901-32904".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 33117 of this title.

-End-

-CITE-

49 USC Sec. 32910 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32910. Administrative

-STATUTE-

(a) General Powers. - (1) In carrying out this chapter, the

Secretary of Transportation or the Administrator of the

Environmental Protection Agency may -

(A) inspect and copy records of any person at reasonable times;

(B) order a person to file written reports or answers to

specific questions, including reports or answers under oath; and

(C) conduct hearings, administer oaths, take testimony, and

subpena witnesses and records the Secretary or Administrator

considers advisable.

(2) A witness summoned under paragraph (1)(C) of this subsection

is entitled to the same fee and mileage the witness would have been

paid in a court of the United States.

(b) Civil Actions To Enforce. - A civil action to enforce a

subpena or order of the Secretary or Administrator under subsection

(a) of this section may be brought in the district court of the

United States for any judicial district in which the proceeding by

the Secretary or Administrator is conducted. The court may punish a

failure to obey an order of the court to comply with the subpena or

order of the Secretary or Administrator as a contempt of court.

(c) Disclosure of Information. - The Secretary and the

Administrator each shall disclose information obtained under this

chapter (except information obtained under section 32904(c) of this

title) under section 552 of title 5. However, the Secretary or

Administrator may withhold information under section 552(b)(4) of

title 5 only if the Secretary or Administrator decides that

disclosure of the information would cause significant competitive

damage. A matter referred to in section 552(b)(4) and relevant to

an administrative or judicial proceeding under this chapter may be

disclosed in that proceeding. A measurement or calculation under

section 32904(c) of this title shall be disclosed under section 552

of title 5 without regard to section 552(b).

(d) Regulations. - The Administrator may prescribe regulations to

carry out duties of the Administrator under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1070; Pub. L.

103-429, Sec. 6(39), Oct. 31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32910(a) 15:2005(b)(1), (3). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

505(b), (d); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 909.

32910(b) 15:2005(b)(2).

32910(c) 15:2005(d).

32910(d) (no source).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "or their duly

designated agents" are omitted as surplus because of 49:322(b) and

section 3 of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970,

84 Stat. 2089). In clause (A), the words "inspect and copy records

of any person" are substituted for "require, by general or special

orders, that any person . . . (B) provide . . . access to (and for

the purpose of examination, the right to copy) any documentary

evidence of such person" to eliminate unnecessary words. The words

"which is relevant to any functions of the Secretary or the EPA

Administrator under this subchapter" are omitted as covered by "In

carrying out this chapter". In clause (B), the word "order" is

substituted for "require, by general or special orders", and the

words "including reports or answers under oath" are substituted for

"Such reports and answers shall be made under oath or otherwise",

to eliminate unnecessary words. The words "in such form as the

Secretary or EPA Administrator may prescribe" and "shall be filed

with the Secretary or the EPA Administrator within such reasonable

period as either may prescribe" are omitted as surplus because of

subsection (d) of this section and 49:322(a). The words "relating

to any function of the Secretary or the EPA Administrator under

this subchapter" are omitted as surplus. In clause (C), the words

"sit and act at such times and places" are omitted as being

included in "conduct hearings". The words "subpena witnesses" are

substituted for "require, by subpena, the attendance and testimony

of such witnesses" to eliminate unnecessary words.

In subsection (b), the words "A civil action to enforce a subpena

or order of the Secretary or Administrator under subsection (a) of

this section may be brought in the district court of the United

States for the judicial district in which the proceeding by the

Secretary or Administrator was conducted" are substituted for

15:2005(b)(2) (1st sentence) for consistency and to eliminate

unnecessary words.

In subsection (c), the words "to the public" are omitted as

surplus. The words "However, the Secretary or the Administrator may

withhold information" are substituted for "except that information

may be withheld from disclosure" for clarity.

Subsection (d) is added for convenience because throughout the

chapter the Administrator is given authority to prescribe

regulations to carry out duties of the Administrator.

PUB. L. 103-429

This amends 49:32910(b) to clarify the restatement of

15:2005(b)(2) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1071).

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-429 substituted "any judicial

district in which the proceeding by the Secretary or Administrator

is conducted" for "the judicial district in which the proceeding by

the Secretary or Administrator was conducted".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 13263.

-End-

-CITE-

49 USC Sec. 32911 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32911. Compliance

-STATUTE-

(a) General. - A person commits a violation if the person fails

to comply with this chapter and regulations and standards

prescribed and orders issued under this chapter (except sections

32902, 32903, 32908(b), 32917(b), and 32918 and regulations and

standards prescribed and orders issued under those sections). The

Secretary of Transportation shall conduct a proceeding, with an

opportunity for a hearing on the record, to decide whether a person

has committed a violation. Any interested person may participate in

a proceeding under this subsection.

(b) Automobile Manufacturers. - A manufacturer of automobiles

commits a violation if the manufacturer fails to comply with an

applicable average fuel economy standard under section 32902 of

this title. Compliance is determined after considering credits

available to the manufacturer under section 32903 of this title. If

average fuel economy calculations under section 32904(c) of this

title indicate that a manufacturer has violated this subsection,

the Secretary shall conduct a proceeding, with an opportunity for a

hearing on the record, to decide whether a violation has been

committed. The Secretary may not conduct the proceeding if further

measurements of fuel economy, further calculations of average fuel

economy, or other information indicates a violation has not been

committed. The results of the measurements and calculations and the

information shall be published in the Federal Register. Any

interested person may participate in a proceeding under this

subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1071; Pub. L.

103-429, Sec. 6(40), Oct. 31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32911(a) 15:2007(a)(3). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Secs.

507(a), 508(a); added Dec.

22, 1975, Pub. L. 94-163,

Sec. 301, 89 Stat. 911; Oct.

10, 1980, Pub. L. 96-425,

Sec. 6(a)(1), (c)(1), (2),

94 Stat. 1826, 1827.

15:2008(a)(2).

32911(b) 15:2007(a)(1), (2).

15:2007(b). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

507(b); added Oct. 10, 1980,

Pub. L. 96-425, Sec.

6(a)(2), 94 Stat. 1826.

15:2008(a).

--------------------------------------------------------------------

In this section, the words "commits a violation if the . . .

fails" are substituted for "the following conduct is unlawful . . .

the failure of any person" for clarity and consistency in the

revised title.

In subsection (a), the reference to 15:2011 is omitted because

that provision is not restated in this chapter. The words "The

Secretary of Transportation shall conduct a proceeding, with an

opportunity for a hearing on the record, to decide" are substituted

for "If, on the record after opportunity for agency hearing, the

Secretary determines" in 15:2008 for clarity. The words "the

Secretary shall assess the penalties provided for under subsection

(b) of this section" are omitted as surplus.

In subsection (b), the words "Compliance is determined after

considering credits available to the manufacturer under section

32903 of this title" are substituted for 15:2007(b) to eliminate

unnecessary words. The words "the Secretary shall conduct a

proceeding, with an opportunity for a hearing on the record, to

decide" are substituted for "the Secretary shall commence a

proceeding under paragraph (2) of this subsection" in 15:2008(a)(1)

and "If, on the record after opportunity for agency hearing, the

Secretary determines" in 15:2008(a)(2) for clarity. The words "may

not conduct" are substituted for "(unless" in 15:2008(a)(1) for

clarity.

PUB. L. 103-429

This makes a conforming amendment necessary because of the

restatement of 15:2011 as 49:32918 by section 6(43)(A) of the bill.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-429 substituted ", 32917(b), and

32918" for ", and 32917(b)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32912, 32913 of this

title.

-End-

-CITE-

49 USC Sec. 32912 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32912. Civil penalties

-STATUTE-

(a) General Penalty. - A person that violates section 32911(a) of

this title is liable to the United States Government for a civil

penalty of not more than $10,000 for each violation. A separate

violation occurs for each day the violation continues.

(b) Penalty for Manufacturer Violations of Fuel Economy

Standards. - Except as provided in subsection (c) of this section,

a manufacturer that violates a standard prescribed for a model year

under section 32902 of this title is liable to the Government for a

civil penalty of $5 multiplied by each .1 of a mile a gallon by

which the applicable average fuel economy standard under that

section exceeds the average fuel economy -

(1) calculated under section 32904(a)(1)(A) or (B) of this

title for automobiles to which the standard applies manufactured

by the manufacturer during the model year;

(2) multiplied by the number of those automobiles; and

(3) reduced by the credits available to the manufacturer under

section 32903 of this title for the model year.

(c) Higher Penalty Amounts. - (1)(A) The Secretary of

Transportation shall prescribe by regulation a higher amount for

each .1 of a mile a gallon to be used in calculating a civil

penalty under subsection (b) of this section, if the Secretary

decides that the increase in the penalty -

(i) will result in, or substantially further, substantial

energy conservation for automobiles in model years in which the

increased penalty may be imposed; and

(ii) will not have a substantial deleterious impact on the

economy of the United States, a State, or a region of a State.

(B) The amount prescribed under subparagraph (A) of this

paragraph may not be more than $10 for each .1 of a mile a gallon.

(C) The Secretary may make a decision under subparagraph (A)(ii)

of this paragraph only when the Secretary decides that it is likely

that the increase in the penalty will not -

(i) cause a significant increase in unemployment in a State or

a region of a State;

(ii) adversely affect competition; or

(iii) cause a significant increase in automobile imports.

(D) A higher amount prescribed under subparagraph (A) of this

paragraph is effective for the model year beginning at least 18

months after the regulation stating the higher amount becomes

final.

(2) The Secretary shall publish in the Federal Register a

proposed regulation under this subsection and a statement of the

basis for the regulation and provide each manufacturer of

automobiles a copy of the proposed regulation and the statement.

The Secretary shall provide a period of at least 45 days for

written public comments on the proposed regulation. The Secretary

shall submit a copy of the proposed regulation to the Federal Trade

Commission and request the Commission to comment on the proposed

regulation within that period. After that period, the Secretary

shall give interested persons and the Commission an opportunity at

a public hearing to present oral information, views, and arguments

and to direct questions about disputed issues of material fact to -

(A) other interested persons making oral presentations;

(B) employees and contractors of the Government that made

written comments or an oral presentation or participated in the

development or consideration of the proposed regulation; and

(C) experts and consultants that provided information to a

person that the person includes, or refers to, in an oral

presentation.

(3) The Secretary may restrict the questions of an interested

person and the Commission when the Secretary decides that the

questions are duplicative or not likely to result in a timely and

effective resolution of the issues. A transcript shall be kept of a

public hearing under this subsection. A copy of the transcript and

written comments shall be available to the public at the cost of

reproduction.

(4) The Secretary shall publish a regulation prescribed under

this subsection in the Federal Register with the decisions required

under paragraph (1) of this subsection.

(5) An officer or employee of a department, agency, or

instrumentality of the Government violates section 1905 of title 18

by disclosing, except in an in camera proceeding by the Secretary

or a court, information -

(A) provided to the Secretary or the court during consideration

or review of a regulation prescribed under this subsection; and

(B) decided by the Secretary to be confidential under section

11(d) of the Energy Supply and Environmental Coordination Act of

1974 (15 U.S.C. 796(d)).

(d) Written Notice Requirement. - The Secretary shall impose a

penalty under this section by written notice.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1072.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32912(a) 15:2008(b)(2). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

508(b)(1)-(3) (1st

sentence); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 913; Oct. 10,

1980, Pub. L. 96-425, Secs.

6(c)(1), (3), 8(f), 94 Stat.

1827, 1828, 1829.

32912(b) 15:2008(b)(1).

32912(c)(1) 15:2008(d). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

508(d), (e)(1), (2), (4);

added Nov. 9, 1978, Pub. L.

95-619, Sec. 402, 92 Stat.

3255, 3256.

32912(c)( 15:2008(e)(1).

2), (3)

32912(c)(4) 15:2008(e)(2).

32912(c)(5) 15:2008(e)(4).

32912(d) 15:2008(b)(3) (1st

sentence).

--------------------------------------------------------------------

In this section, the words "whom the Secretary determines under

subsection (a) of this section" are omitted as surplus.

In subsection (b), before clause (1)(A), the words "Except as

provided in subsection (c) of this section" are added for clarity.

The words "that violates a standard prescribed for a model year

under section 32902 of this title" are substituted for "to have

violated a provision of section 2007(a)(1) of this title with

respect to any model year" and "to have violated section 2007(a)(2)

of this title" to avoid referring, as in the source, to one

provision that in turn refers to another provision. In clause (1),

the words "calculated under" are substituted for "established

under" for clarity. The reference to section 32904(a)(1)(A), which

is a reference to the provision under which average fuel economy

for nonpassenger automobiles is calculated, is added for clarity.

The reference to section 32904(a)(1)(B), which is a reference to

the provision under which average fuel economy for passenger

automobiles is calculated, is substituted for the reference in the

source to 15:2002(a) and (c), which is a reference to the provision

under which the average fuel economy standard for those automobiles

is established, for clarity. The words "in which the violation

occurs" are omitted as surplus.

In subsection (c)(1)(A), before clause (i), the words "shall

prescribe by regulation" are substituted for "shall, by rule . . .

substitute" for consistency in the revised title and because "rule"

and "regulation" are synonymous. The words "in accordance with the

provisions of this subsection and subsection (e)" are omitted as

surplus. The words "be less than $5.00" are omitted as surplus

because under the subsection the Secretary may only raise the

amount imposed to $10, or a $5 increase. The words "in the absence

of such rule" are omitted as surplus. The words "increase in the

penalty" are substituted for "additional amount of the civil

penalty" for clarity. In clause (ii), the words "subject to

subparagraph (B)" are omitted as surplus.

In subsection (c)(1)(C), the words "the later of" and the text of

15:2008(d)(3)(A) are omitted as obsolete.

In subsection (c)(2), before clause (A), the words "After the

Secretary of Transportation develops a proposed rule pursuant to

subsection (d) of this section" are omitted as surplus. In clause

(B), the words "written comments or an oral presentation" are

substituted for "written or oral presentations" for consistency in

the section. The text of 15:2008(e)(1)(B) (last sentence) and (C)

is omitted as surplus because of 5:556(d).

In subsection (c)(5), before clause (A), the words "department,

agency, or instrumentality" are substituted for "department or

agency" for consistency in the revised title and with other titles

of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32909, 32913, 32914,

32915 of this title.

-End-

-CITE-

49 USC Sec. 32913 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32913. Compromising and remitting civil penalties

-STATUTE-

(a) General Authority and Limitations. - The Secretary of

Transportation may compromise or remit the amount of a civil

penalty imposed under section 32912(a) or (b) of this title.

However, the amount of a penalty imposed under section 32912(b) may

be compromised or remitted only to the extent -

(1) necessary to prevent the insolvency or bankruptcy of the

manufacturer of automobiles;

(2) the manufacturer shows that the violation was caused by an

act of God, a strike, or a fire; or

(3) the Federal Trade Commission certifies under subsection

(b)(1) of this section that a reduction in the penalty is

necessary to prevent a substantial lessening of competition.

(b) Certification by Commission. - (1) A manufacturer liable for

a civil penalty under section 32912(b) of this title may apply to

the Commission for a certification that a reduction in the penalty

is necessary to prevent a substantial lessening of competition in

the segment of the motor vehicle industry subject to the standard

that was violated. The Commission shall make the certification when

it finds that reduction is necessary to prevent the lessening. The

Commission shall state in the certification the maximum amount by

which the penalty may be reduced.

(2) An application under this subsection must be made not later

than 30 days after the Secretary decides that the manufacturer has

violated section 32911(b) of this title. To the maximum extent

practicable, the Commission shall make a decision on an application

by the 90th day after the application is filed. A proceeding under

this subsection may not delay the manufacturer's liability for the

penalty for more than 90 days after the application is filed.

(3) When a civil penalty is collected in a civil action under

this chapter before a decision of the Commission under this

subsection is final, the payment shall be paid to the court in

which the action was brought. The court shall deposit the payment

in the general fund of the Treasury on the 90th day after the

decision of the Commission becomes final. When the court is holding

payment of a penalty reduced under subsection (a)(3) of this

section, the Secretary shall direct the court to remit the

appropriate amount of the penalty to the manufacturer.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1073; Pub. L.

103-429, Sec. 6(41), Oct. 31, 1994, 108 Stat. 4382; Pub. L.

104-287, Sec. 6(d)(1)(A), Oct. 11, 1996, 110 Stat. 3399.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32913(a) 15:2008(b)(3) (2d Oct. 20, 1972, Pub. L.

sentence). 92-513, 86 Stat. 947, Sec.

508(b)(3) (2d sentence),

(4), (5); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 913; Oct. 10,

1980, Pub. L. 96-425, Sec.

6(c)(1), 94 Stat. 1827.

32913(b) 15:2008(b)(4), (5).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "compromise or

remit" are substituted for "compromise, modify, or remit, with or

without conditions" for consistency in the revised title. The words

"against any person" are omitted as surplus. The reference to

section 32912(b) (a restatement of 15:2008(b)(1)) is used rather

than a reference to 32911(b) (a restatement of 15:2007(a)(1) or

(2)) to avoid referring, as in the source, to one provision that in

turn refers to another provision. In clause (3), the word

"reduction" is substituted for "modification" for clarity. The

words "as determined under paragraph (4)" are omitted as surplus.

In subsection (b)(1), the words "the standard that was violated"

are substituted for "the standard with respect to which such

penalty was assessed", and the words "The Commission shall make the

certification when it finds that reduction" are substituted for "If

the manufacturer shows and the Federal Trade Commission determines

that modification of the civil penalty for which such manufacturer

is otherwise liable . . . the Commission shall so certify", to

eliminate unnecessary words.

In subsection (b)(3), the words "When a civil penalty is

collected in a civil action under this chapter" are substituted for

"but any payment made" for clarity. The words "action was brought"

are substituted for "the penalty is collected" for consistency. The

words "and shall (except as otherwise provided in paragraph (5)),

be held by such court" are omitted as surplus. The words "When the

court is holding payment of a penalty reduced under subsection

(a)(3) of this section" are substituted for "Whenever a civil

penalty has been assessed and collected from a manufacturer under

this section, and is being held by a court in accordance with

paragraph (4), and the Secretary subsequently determines to modify

such civil penalty pursuant to paragraph (3)(C)" to eliminate

unnecessary words.

PUB. L. 103-429

This amends 49:32913(b)(1) to clarify the restatement of

15:2008(b)(4) and (5) by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 1073).

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-287 made technical amendment to

directory language of Pub. L. 103-429, Sec. 6(41). See 1994

Amendment notes below.

1994 - Subsec. (b). Pub. L. 103-429, Sec. 6(41)(A), as amended by

Pub. L. 104-287, substituted "Certification" for "Penalty

Reduction" in heading.

Subsec. (b)(1). Pub. L. 103-429, Sec. 6(41)(B), as amended by

Pub. L. 104-287, substituted "a reduction in the penalty is

necessary" for "the penalty should be reduced".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 6(d) of Pub. L. 104-287 provided that the amendment made

by that section is effective Oct. 31, 1994.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32914, 32915 of this

title.

-End-

-CITE-

49 USC Sec. 32914 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32914. Collecting civil penalties

-STATUTE-

(a) Civil Actions. - If a person does not pay a civil penalty

after it becomes a final order of the Secretary of Transportation

or a judgment of a court of appeals of the United States for a

circuit, the Attorney General shall bring a civil action in an

appropriate district court of the United States to collect the

penalty. The validity and appropriateness of the final order

imposing the penalty is not reviewable in the action.

(b) Priority of Claims. - A claim of a creditor against a

bankrupt or insolvent manufacturer of automobiles has priority over

a claim of the United States Government against the manufacturer

for a civil penalty under section 32912(b) of this title when the

creditor's claim is for credit extended before a final judgment

(without regard to section 32913(b)(1) and (2) of this title) in an

action to collect under subsection (a) of this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1074.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32914(a) 15:2008(b)(3) (last Oct. 20, 1972, Pub. L.

sentence), (c)(2). 92-513, 86 Stat. 947, Sec.

508(b)(3) (last sentence),

(6), (c)(2); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 913, 914.

32914(b) 15:2008(b)(6).

--------------------------------------------------------------------

In subsection (a), the text of 15:2008(b)(3) (last sentence) is

omitted as surplus because of 28:516 and 2461(a). The words "an

assessment of" and "and unappealable" are omitted as surplus. The

words "of the Secretary of Transportation" are added for clarity.

The words "for a circuit" are added for consistency. The words "in

favor of the Secretary" are omitted as surplus. The words "shall

bring a civil action . . . to collect the penalty" are substituted

for "shall recover the amount for which the manufacturer is liable"

for consistency.

In subsection (b), the words "A claim of a creditor against a

bankrupt or insolvent manufacturer of automobiles has priority over

a claim of the United States Government against the manufacturer"

are substituted for "A claim of the United States . . . against a

manufacturer . . . shall, in the case of the bankruptcy or

insolvency of such manufacturer, be subordinate to any claim of a

creditor of such manufacturer" for clarity and to eliminate

unnecessary words. The words "the date on which" are omitted as

surplus.

-End-

-CITE-

49 USC Sec. 32915 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32915. Appealing civil penalties

-STATUTE-

Any interested person may appeal a decision of the Secretary of

Transportation to impose a civil penalty under section 32912(a) or

(b) of this title, or of the Federal Trade Commission under section

32913(b)(1) of this title, in the United States Court of Appeals

for the District of Columbia Circuit or in the court of appeals of

the United States for the circuit in which the person resides or

has its principal place of business. A person appealing a decision

must file a notice of appeal with the court not later than 30 days

after the decision and, at the same time, send a copy of the notice

by certified mail to the Secretary or the Commission. The Secretary

or the Commission promptly shall file with the court a certified

copy of the record of the proceeding in which the decision was

made.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1074.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32915 15:2008(c)(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

508(c)(1); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 914.

--------------------------------------------------------------------

The words "as the case may be" are omitted as surplus. The text

of 15:2008(c)(1) (last sentence) is omitted as surplus because

5:ch. 7 applies unless otherwise stated.

-End-

-CITE-

49 USC Sec. 32916 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32916. Reports to Congress

-STATUTE-

(a) Annual Report. - Not later than January 15 of each year, the

Secretary of Transportation shall submit to each House of Congress,

and publish in the Federal Register, a report on the review by the

Secretary of average fuel economy standards prescribed under this

chapter.

(b) Joint Examinations After Granting Exemptions. - (1) After an

exemption has been granted under section 32904(b)(6) of this title,

the Secretaries of Transportation and Labor shall conduct annually

a joint examination of the extent to which section 32904(b)(6) -

(A) achieves the purposes of this chapter;

(B) improves fuel efficiency (thereby facilitating conservation

of petroleum and reducing petroleum imports);

(C) has promoted employment in the United States related to

automobile manufacturing;

(D) has not caused unreasonable harm to the automobile

manufacturing sector in the United States; and

(E) has permitted manufacturers that have assembled passenger

automobiles deemed to be manufactured domestically under section

32904(b)(2) of this title thereafter to assemble in the United

States passenger automobiles of the same model that have less

than 75 percent of their value added in the United States or

Canada, together with the reasons.

(2) The Secretary of Transportation shall include the results of

the examination under paragraph (1) of this subsection in each

report submitted under subsection (a) of this section more than 180

days after an exemption has been granted under section 32904(b)(6)

of this title, or submit the results of the examination directly to

Congress before the report is submitted when circumstances warrant.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1074; Pub. L.

103-429, Sec. 6(42), Oct. 31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32916(a) 15:2002(a)(2). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

502(a)(2); added Dec. 22,

1975, Pub. L. 94-163, Sec.

301, 89 Stat. 902.

32916(b)(1) 15:2012(c)(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

512(c); added Oct. 10, 1980,

Pub. L. 96-425, Sec.

4(a)(2), 94 Stat. 1823.

32916(b)(2) 15:2012(c)(2).

--------------------------------------------------------------------

In subsection (a), the words "a report on the review by the

Secretary" are substituted for "a review" for clarity. The words

"beginning in 1977" and the text of 15:2002(a) (2d, last sentences)

are omitted as executed.

In subsection (b)(1), before clause (A), reference to section

32904(b)(4) the 2d time it appears is substituted for "the

amendment made to section 2003(b) of this title by section 4(a)(1)

of the Automobile Fuel Efficiency Act of 1980" for clarity and to

eliminate unnecessary words. Clause (B) is substituted for

"achieves the purposes of that Act" for clarity.

In subsection (b)(2), the reference to "subsection (a) of this

section" is restated to refer to 15:2002(a) rather than 15:2012(a)

to reflect the apparent intent of Congress. Although 15:2012(c)(2)

refers to an annual report under 15:2012(a), that provision does

not provide for an annual report.

PUB. L. 103-429

This makes conforming amendments necessary because of the

restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section

6(36)(B) of the bill.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-429, in par. (1), introductory

provisions, substituted "32904(b)(6)" for "32904(b)(4)" in two

places, in par. (1)(E), substituted "32904(b)(2)" for

"32904(b)(1)(A)", and in par. (2), substituted "32904(b)(6)" for

"32904(b)(4)".

-End-

-CITE-

49 USC Sec. 32917 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32917. Standards for executive agency automobiles

-STATUTE-

(a) Definition. - In this section, "executive agency" has the

same meaning given that term in section 105 of title 5.

(b) Fleet Average Fuel Economy. - (1) The President shall

prescribe regulations that require passenger automobiles leased for

at least 60 consecutive days or bought by executive agencies in a

fiscal year to achieve a fleet average fuel economy (determined

under paragraph (2) of this subsection) for that year of at least

the greater of -

(A) 18 miles a gallon; or

(B) the applicable average fuel economy standard under section

32902(b) or (c) of this title for the model year that includes

January 1 of that fiscal year.

(2) Fleet average fuel economy is -

(A) the total number of passenger automobiles leased for at

least 60 consecutive days or bought by executive agencies in a

fiscal year (except automobiles designed for combat-related

missions, law enforcement work, or emergency rescue work);

divided by

(B) the sum of the fractions obtained by dividing the number of

automobiles of each model leased or bought by the fuel economy of

that model.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1075.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32917(a) 15:2010(b)(2). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

510; added Dec. 22, 1975,

Pub. L. 94-163, Sec. 301, 89

Stat. 915.

32917(b) 15:2010(a), (b)(1),

(3).

--------------------------------------------------------------------

In subsection (b)(1), before clause (A), the words "within 120

days after December 22, 1975" and "which begins after December 22,

1975" are omitted as executed. The words "(determined under

paragraph (2) of this subsection)" are added for clarity.

In subsection (b)(2), before clause (A), the words "As used in

this section: (1) The term" are omitted as surplus. In clause (A),

the words "to which this section applies" and "for the Armed

Forces" are omitted as surplus. In clause (B), the words "the sum

of the fractions obtained" are substituted for "a sum of terms,

each term of which is a fraction created" to eliminate unnecessary

words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32911 of this title.

-End-

-CITE-

49 USC Sec. 32918 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32918. Retrofit devices

-STATUTE-

(a) Definition. - In this section, the term "retrofit device"

means any component, equipment, or other device -

(1) that is designed to be installed in or on an automobile (as

an addition to, as a replacement for, or through alteration or

modification of, any original component, equipment, or other

device); and

(2) that any manufacturer, dealer, or distributor of the device

represents will provide higher fuel economy than would have

resulted with the automobile as originally equipped,

as determined under regulations of the Administrator of the

Environmental Protection Agency. The term also includes a fuel

additive for use in an automobile.

(b) Examination of Fuel Economy Representations. - The Federal

Trade Commission shall establish a program for systematically

examining fuel economy representations made with respect to

retrofit devices. Whenever the Commission has reason to believe

that any representation may be inaccurate, the Commission shall

request the Administrator to evaluate, in accordance with

subsection (c) of this section, the retrofit device with respect to

which the representation was made.

(c) Evaluation of Retrofit Devices. - (1) On application of any

manufacturer of a retrofit device (or prototype of a retrofit

device), on request of the Commission under subsection (b) of this

section, or on the motion of the Administrator, the Administrator

shall evaluate, in accordance with regulations prescribed under

subsection (e) of this section, any retrofit device to determine

whether the retrofit device increases fuel economy and to determine

whether the representations, if any, made with respect to the

retrofit device are accurate.

(2) If under paragraph (1) of this subsection, the Administrator

tests, or causes to be tested, any retrofit device on the

application of a manufacturer of the device, the manufacturer shall

supply, at the manufacturer's expense, one or more samples of the

device to the Administrator and shall be liable for the costs of

testing incurred by the Administrator. The procedures for testing

retrofit devices so supplied may include a requirement for

preliminary testing by a qualified independent testing laboratory,

at the expense of the manufacturer of the device.

(d) Results of Tests and Publication in Federal Register. - (1)

The Administrator shall publish in the Federal Register a summary

of the results of all tests conducted under this section, together

with the Administrator's conclusions as to -

(A) the effect of any retrofit device on fuel economy;

(B) the effect of the device on emissions of air pollutants;

and

(C) any other information the Administrator determines to be

relevant in evaluating the device.

(2) The summary and conclusions shall also be submitted to the

Secretary of Transportation and the Commission.

(e) Regulations Establishing Tests and Procedures for Evaluation

of Retrofit Devices. - The Administrator shall prescribe

regulations establishing -

(1) testing and other procedures for evaluating the extent to

which retrofit devices affect fuel economy and emissions of air

pollutants; and

(2) criteria for evaluating the accuracy of fuel economy

representations made with respect to retrofit devices.

-SOURCE-

(Pub. L. 103-429, Sec. 6(43)(B), Oct. 31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32918 15:2011. Oct. 20, 1972, Pub. L.

92-513, Sec. 511, as added

Dec. 22, 1975, Pub. L.

94-163, Sec. 301, 89 Stat.

915, and amended July 5,

1994, Pub. L. 103-272, Sec.

4(c), 108 Stat. 1361.

--------------------------------------------------------------------

This restates 15:2011 to include 15:2011 in the scope of the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 745).

In subsection (a), the words "Administrator of the Environmental

Protection Agency" are substituted for "Administrator" for clarity

and to conform to the style of the codification which is to state

the complete title the first time a descriptive title is used, and

thereafter, to use a shorter title unless the context requires the

complete title to be used.

In subsections (c) and (e), the word "regulations" is substituted

for "rules" and "by rule" for consistency with the restatement of

title 49.

In subsection (e)(1), the words "The Administrator shall

prescribe regulations establishing" are substituted for "Within 180

days after December 22, 1975, the Administrator shall, by rule,

establish" to eliminate executed words.

PRIOR PROVISIONS

A prior section 32918 was renumbered section 32919 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32911 of this title.

-End-

-CITE-

49 USC Sec. 32919 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 329 - AUTOMOBILE FUEL ECONOMY

-HEAD-

Sec. 32919. Preemption

-STATUTE-

(a) General. - When an average fuel economy standard prescribed

under this chapter is in effect, a State or a political subdivision

of a State may not adopt or enforce a law or regulation related to

fuel economy standards or average fuel economy standards for

automobiles covered by an average fuel economy standard under this

chapter.

(b) Requirements Must Be Identical. - When a requirement under

section 32908 of this title is in effect, a State or a political

subdivision of a State may adopt or enforce a law or regulation on

disclosure of fuel economy or fuel operating costs for an

automobile covered by section 32908 only if the law or regulation

is identical to that requirement.

(c) State and Political Subdivision Automobiles. - A State or a

political subdivision of a State may prescribe requirements for

fuel economy for automobiles obtained for its own use.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1075, Sec.

32918; renumbered Sec. 32919, Pub. L. 103-429, Sec. 6(43)(A), Oct.

31, 1994, 108 Stat. 4382.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32918 15:2009. Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

509; added Dec. 22, 1975,

Pub. L. 94-163, Sec. 301, 89

Stat. 914.

--------------------------------------------------------------------

In subsection (a), the word "prescribed" is substituted for

"established" for consistency.

AMENDMENTS

1994 - Pub. L. 103-429 renumbered section 32918 of this title as

this section.

-End-