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49 U.S.C. § 32919 — Preemption

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 32919 — Preemption

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32908&num=0&edition=prelim) 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.

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Stable record: federal_law:legal_authorities:record_usc_1f07f6538e55a4cc565419e7
Source file: Laws/federal/codes/united-states-code/title-49/section-32919-preemption--45a9dc5cb4.md
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Source location: Title 49, Chapter 329, § 32919; chapter-329-automobile-fuel-economy.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32908&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 32918 — Retrofit devices

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32918

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 32908 — Fuel economy information

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32901/a/3/B&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4064&num=0&edition=prelim)). (F) other information required or authorized by the Administrator that is related t

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32908

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2011 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 2004, Pub. L. 92–513, title V, § 504, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 908, related to judicial review of rules prescribed under section 2001, 2002, 2003, or 2006 of this title. See [section 32909 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32909&num=0&edition=prelim), Transportation. Section 2005, Pub. L. 92–513, title V, § 505, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 908; amended Pub. L. 96–425, § 3(b), Oct. 10, 1980, 94 Stat. 1822, related to fuel economy information and reports to be filed by manufacturers. See sections 32907 and 32910 of Title 49. Section 2006, Pub. L. 92–513, title V, § 506, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 910; amended Pub. L. 95–619, title IV, §§ 401(a), 403(a), (b), Nov. 9, 1978, 92 Stat. 3254, 3256, 3257; Pub. L. 100–494, § 8(a), Oct. 14, 1988, 102 Stat. 2452; Pub. L. 102–486, title IV, § 403(3), (4), Oct. 24, 1992, 106 Stat. 2876, related to fuel economy labeling. See [section 32908 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32908&num=0&edition=prelim). Section 2007, Pub. L. 92–513, title V, § 507, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 911; amended Pub. L. 96–425, § 6(a), Oct. 10, 1980, 94 Stat. 1826, related to unlawful conduct under this subchapter. See [section 32911 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32911&num=0&edition=prelim). Section 2008, Pub. L. 92–513, title V, § 508, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 911; amended Pub. L. 95–619, title IV, § 402, Nov. 9, 1978, 92 Stat. 3255; Pub. L. 96–425, §§ 6(c), 8(f)

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2011

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 32919 — Preemption

Page 982 TITLE 49—TRANSPORTATION § 32919 vice (or prototype of a retrofit device), on re- quest of the Commission under subsection (b) of this section, or on the motion of the Adminis- trator, the Administrator shall evaluate, in ac- cordance with regulations prescribed under sub- section (e) of this section, any retrofit device to determine whether the retrofit device increases fuel economy and to determine whether the rep- resentations, 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 manu- facturer 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 in- curred 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 FED- ERAL REGISTER.—(1) The Administrator shall publish in the Federal Register a summary of the results of all tests conducted under this sec- tion, together with the Administrator’s conclu- sions 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 PRO- CEDURES FOR EVALUATION OF RETROFIT DE- VICES.—The Administrator shall prescribe regu

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 32919

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