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49 U.S.C. § 32902 — Average fuel economy standards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prescription of Standards by Regulation.—** 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 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.
**(b) Standards for Automobiles and Certain Other Vehicles.—**
(1) **In general.—** — The Secretary of Transportation, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe separate average fuel economy standards for—
(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;
(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and
(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (k).
(2) **Fuel economy standards for automobiles.—**
(A) *Automobile fuel economy average for model years 2011 through 2020.—* — The Secretary shall prescribe a separate average fuel economy standard for passenger automobiles and a separate average fuel economy standard for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel economy average for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year.
(B) *Automobile fuel economy average for model years 2021 through 2030.—* — For model years 2021 thr
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Source location: Title 49, Chapter 329, § 32902; chapter-329-automobile-fuel-economy.md
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**(a) Prescription of Standards by Regulation.—** 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 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.
**(b) Standards for Automobiles and Certain Other Vehicles.—**
(1) **In general.—** — The Secretary of Transportation, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe separate average fuel economy standards for—
(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;
(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and
(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (k).
(2) **Fuel economy standards for automobiles.—**
(A) *Automobile fuel economy average for model years 2011 through 2020.—* — The Secretary shall prescribe a separate average fuel economy standard for passenger automobiles and a separate average fuel economy standard for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel economy average for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year.
(B) *Automobile fuel economy average for model years 2021 through 2030.—* — For model years 2021 through 2030, the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles manufactured for sale in the United States shall be the maximum feasible average fuel economy standard for each fleet for that model year.
(C) *Progress toward standard required.—* — In prescribing average fuel economy standards under subparagraph (A), the Secretary shall prescribe annual fuel economy standard increases that increase the applicable average fuel economy standard ratably beginning with model year 2011 and ending with model year 2020.
(3) **Authority of the secretary.—** — The Secretary shall—
(A) prescribe by regulation separate average fuel economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to fuel economy and express each standard in the form of a mathematical function; and
(B) issue regulations under this title prescribing average fuel economy standards for at least 1, but not more than 5, model years.
(4) **Minimum standard.—** — In addition to any standard prescribed pursuant to paragraph (3), each manufacturer shall also meet the minimum standard for domestically manufactured passenger automobiles, which shall be the greater of—
(A) 27.5 miles per gallon; or
(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger automobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be published in the Federal Register when the standard for that model year is promulgated in accordance with this section.
**(c) Amending Passenger Automobile Standards.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) 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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30142&num=0&edition=prelim).
(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;
(2) shall consider dual fueled automobiles to be operated only on gasoline or diesel fuel; and
(3) may not consider, when prescribing a fuel economy standard, the trading, transferring, or availability of credits under section 32903.
**(i) Consultation.—** The Secretary of Transportation shall consult with the Secretary of Energy in carrying out this section and [section 32903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32903&num=0&edition=prelim).
**(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.
**(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work Trucks.—**
(1) **Study.—** — Not later than 1 year after the National Academy of Sciences publishes the results of its study under section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and work trucks and determine—
(A) the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles and work trucks;
(B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used;
(C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency; and
(D) such other factors and conditions that could have an impact on a program to improve commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency.
(2) **Rulemaking.—** — Not later than 24 months after completion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation, shall determine in a rulemaking proceeding how to implement a commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test methods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty on-highway vehicles and work trucks. The Secretary may prescribe separate standards for different classes of vehicles under this subsection.
(3) **Lead-time; regulatory stability.—** — The commercial medium- and heavy-duty on-highway vehicle and work truck fuel economy standard adopted pursuant to this subsection shall provide not less than—
(A) 4 full model years of regulatory lead-time; and
(B) 3 full model years of regulatory stability.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan.
**(b) Report** Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1824
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Federal law — U.S. Code and appendices · legal_authorities
**(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 subsections (a) through (d) of section 32902 (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 paragraph (1) 11 So in original. Probably should be followed by a comma. any of the 5 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32903
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary—
(1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and
(2) to carry out needed safety research and development.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** [Section 30112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a&num=0&edition=prelim) does not apply to an imported motor vehicle if—
(1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections 30143 and 30144 of this title);
(2) the vehicle is imported after January 31, 1990; and
(3) the individual takes the actions required under subsection (b) of this section to receive an exemption.
**(b) Exemptions.—**
(1) To receive an exemption under subsection (a) of this section, an individual must—
(A) provide the Secretary of the Treasury (acting for the Secretary of Transportation) with—
(i) an appropriate bond in an amount determined under [section 30141(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141/d&num=0&edition=prelim);
(ii) a copy of an agreement with an importer registered under [section 30141(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141/c&num=0&edition=prelim) for bringing the motor vehicle into compliance with applicable motor vehicle safety standards prescribed under this chapter; and
(iii) a certification that the vehicle meets the requirement of section 30141(a)(1)(A) or (B) of this title; and
(B) comply with appropriate terms the Secretary of Transportation imposes to ensure that the vehicle—
(i) will be brought into compliance with those standards within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or
(ii) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government.
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30142
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Federal law — U.S. Code and appendices · legal_authorities
Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6421
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902/d&num=0&edition=prelim).
**(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 de
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32907
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902&num=0&edition=prelim). Compliance is determined after considering credits available to the manufacturer under [section 32903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32903&num=0&edition=prelim). If average fuel economy calculations under [section 32904(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32904/c&num=0&edition=prelim) 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 p
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32911
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Penalty.—** A person that violates [section 32911(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32911/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902&num=0&edition=prelim) is liable to the Government for a civil penalty of $0.00 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32903&num=0&edition=prelim) 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; an
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32912
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Federal law — U.S. Code and appendices · legal_authorities
Page 959
TITLE 49—TRANSPORTATION
§ 32902
title 49, United States Code, that has a combined fuel
economy value of at least 22 miles per gallon;
‘‘(2) the term ‘category 1 truck’ means a nonpas-
senger automobile, as defined in section 32901(a)(17) of
title 49, United States Code, that has a combined fuel
economy value of at least 18 miles per gallon, except
that such term does not include a category 2 truck;
‘‘(3) the term ‘category 2 truck’ means a large van
or a large pickup, as categorized by the Secretary
using the method used by the Environmental Protec-
tion Agency and described in the report entitled
‘Light-Duty Automotive Technology and Fuel Econ-
omy Trends: 1975 through 2008’;
‘‘(4) the term ‘category 3 truck’ means a work
truck, as defined in section 32901(a)(19) of title 49,
United States Code;
‘‘(5) the term ‘combined fuel economy value’
means—
‘‘(A) with respect to a new fuel efficient auto-
mobile, the number, expressed in miles per gallon,
centered below the words ‘Combined Fuel Economy’
on the label required to be affixed or caused to be
affixed on a new automobile pursuant to subpart D
of part 600 of title 40, Code of Federal Regulations;
‘‘(B) with respect to an eligible trade-in vehicle,
the equivalent of the number described in subpara-
graph (A), and posted under the words ‘Estimated
New EPA MPG’ and above the word ‘Combined’ for
vehicles of model year 1984 through 2007, or posted
under the words ‘New EPA MPG’ and above the
word ‘Combined’ for vehicles of model year 2008 or
later on the fueleconomy.gov website of the Envi-
ronmental Protection Agency for the make, model,
and year of such vehicle; or
‘‘(C) with respect to an eligible trade-in vehicle
manufactured between model years 1978 through
1985, the equivalent of th
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 32902
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.