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49 U.S.C. § 32911 — Compliance

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

49 U.S.C. § 32911 — Compliance

**(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

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Source location: Title 49, Chapter 329, § 32911; chapter-329-automobile-fuel-economy.md

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

49 U.S.C. § 32902 — Average fuel economy standards

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

49 U.S.C. § 32903 — Credits for exceeding average fuel economy standards

**(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

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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)

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

49 U.S.C. § 32911 — Compliance

Page 977 TITLE 49—TRANSPORTATION § 32912 § 32911. Compliance (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 inter- ested person may participate in a proceeding under this subsection. (b) AUTOMOBILE MANUFACTURERS.—A manufac- turer 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 manu- facturer under section 32903 of this title. If aver- age fuel economy calculations under section 32904(c) of this title indicate that a manufac- turer 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 meas- urements 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 calcula- tions and the information shall be published in the Federal Register. Any interested person may participate in a proceeding under this sub- section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1071; Pub. L. 103–429, § 6(40), Oct. 31, 1994, 108 Stat. 4382.) Historical and Revision Notes PUB. L. 103–272 Rev

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