49 U.S.C. § 32904 — Calculation of average fuel economy

Page 966 TITLE 49—TRANSPORTATION § 32904 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32903(a) ...... 15:2002(l)(1)(B), (4). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 502(l); added Oct. 10, 1980, Pub. L. 96–425, § 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 con- cise 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 cred- its 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 sec- tion 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. Editorial Notes AMENDMENTS 2007—Subsec. (a). Pub. L. 110–140, § 104(a)(1), sub- stituted ‘‘subsections (a) through (d) of section 32902’’ for ‘‘section 32902(b)–(d) of this title’’ in introductory provisions. Subsec. (a)(2). Pub. L. 110–140, § 104(a)(2), substituted ‘‘paragraph (1)’’ for ‘‘clause (1) of this subsection,’’ and ‘‘5 consecutive’’ for ‘‘3 consecutive’’. Subsecs. (b)(2)(B), (c)(1). Pub. L. 110–140, § 104(a)(1), substituted ‘‘subsections (a) through (d) of section 32902’’ for ‘‘section 32902(b)–(d) of this title’’. Subsecs. (f) to (h). Pub. L. 110–140, § 104(a)(3), (4), added subsecs. (f) and (g) and redesignated former sub- sec. (f) as (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 32904. Calculation of average fuel economy (a) METHOD OF CALCULATION.—(1) The Adminis- trator 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 pre- scribed by the Administrator; and (B) section 32902(b)–(d) of this title by divid- ing— (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 auto- mobiles 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 elec- tric 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 para- graph (1) of this subsection equivalent petro- leum 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 pro- pose necessary revisions based on the following factors: (i) the approximate electrical energy effi- ciency of the vehicle, considering the kind of vehicle and the mission and weight of the ve- hicle. (ii) the national average electrical genera- tion and transmission efficiencies. (iii) the need of the United States to con- serve all forms of energy and the relative scar- city 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 vehi- cles. (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 do- mestically by a manufacturer (or included in this category under paragraph (5) of this sub- section); and (ii) passenger automobiles not manufactured domestically by that manufacturer (or ex- cluded from this category under paragraph (5) of this subsection). (B) Passenger automobiles described in sub- paragraph (A)(i) and (ii) of this paragraph are deemed to be manufactured by separate manu- facturers under this chapter, except for the pur- poses of section 32903. (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 as- sembly of the automobile is completed in Can- ada 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 auto- mobile is deemed to be manufactured domesti- cally in a model year, as provided in subpara- graph (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 auto- mobile is imported into the United States more than 30 days after the end of the model year. Page 967 TITLE 49—TRANSPORTATION § 32904 (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 subpara- graph (A) of this paragraph apply to all auto- mobiles manufactured by that manufacturer beginning with the model year that begins after the date of the election. (ii) For a manufacturer that began assem- bling automobiles in Mexico after model year 1991, subparagraph (A) of this paragraph ap- plies 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 manufac- turer begins assembling automobiles in Mex- ico, 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 pe- riod from January 1, 1997, through January 1, 2004, to have subparagraph (A) of this para- graph 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 mak- ing 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 assem- ble 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 manu- facturer beginning with the model year that begins after January 1, 2004. (C) The Secretary of Transportation shall pre- scribe 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 aver- age fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured domestically. (5)(A) A manufacturer may submit to the Sec- retary of Transportation for approval a plan, in- cluding 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 Sec- retary promptly shall consider and act on the plan. The Secretary shall approve the plan un- less— (i) the Secretary finds that the plan is inad- equate to meet the requirements of this para- graph; or (ii) the manufacturer previously has sub- mitted 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 ex- clude under paragraph (1)(A)(ii) of this sub- section, for each of the 4 model years covered by the plan, not more than 150,000 passenger auto- mobiles 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 at- tributable 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. (c) TESTING AND CALCULATION PROCEDURES.— The Administrator shall measure fuel economy for each model and calculate average fuel econ- omy for a manufacturer under testing and cal- culation procedures prescribed by the Adminis- trator. However, except under section 32908 of this title, the Administrator shall use the same procedures for passenger automobiles the Ad- ministrator used for model year 1975 (weighted 55 percent urban cycle and 45 percent highway cycle), or procedures that give comparable re- sults. A measurement of fuel economy or a cal- culation of average fuel economy (except under section 32908) shall be rounded off to the nearest .1 of a mile a gallon. The Administrator shall de- cide on the quantity of other fuel that is equiva- lent 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 AMEND- MENT.—The Administrator shall prescribe a pro- cedure under this section, or an amendment (ex- cept a technical or clerical amendment) in a procedure, at least 12 months before the begin- ning of the model year to which the procedure or amendment applies. (e) REPORTS AND CONSULTATION.—The Adminis- trator shall report measurements and calcula- tions under this section to the Secretary of Transportation and shall consult and coordinate with the Secretary in carrying out this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1062; Pub. L. 103–429, § 6(36), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–287, § 5(63), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 110–140, title I, §§ 104(b)(2), 113(a), Dec. 19, 2007, 121 Stat. 1503, 1508.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32904(a)(1) .. 15:2003(a)(1), (2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 503(a)(1), (2), (d)–(f); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 906, 907. Page 968 TITLE 49—TRANSPORTATION § 32904 HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32904(a)(2) .. 15:2003(a)(3). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 503(a)(3); added Jan. 7, 1980, Pub. L. 96–185, § 18 (related to § 503(a)(3) of Motor Vehicle Information and Cost Sav- ings Act), 93 Stat. 1336. 32904(b)(1) .. 15:2003(b)(2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 503(b)(1), (2); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 906; Oct. 10, 1980, Pub. L. 96–425, §§ 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, § 503(b)(4); added Oct. 10, 1980, Pub. L. 96–425, § 4(b), 94 Stat. 1824. 32904(b) (4)–(6). 15:2003(b)(3). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 503(b)(3); added Oct. 10, 1980, Pub. L. 96–425, § 4(a)(1), 94 Stat. 1822; Nov. 8, 1984, Pub. L. 98–620, § 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 exe- cuted. The words ‘‘determine and propose’’ are sub- stituted for ‘‘propose’’ for clarity and consistency with the authority of the Secretary under the source provi- sions. The words ‘‘based on the following factors’’ are substituted for ‘‘Determination of these fuel economy values will take into account the following param- eters’’ 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 provi- sions. 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 pre- scribe 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 Ad- ministrator shall make separate calculations’’ are sub- stituted for ‘‘In calculating average fuel economy . . . the EPA Administrator shall separate the total number of passenger automobiles manufactured by a manufac- turer into the following two categories’’ and ‘‘The EPA Administrator shall calculate the average fuel econ- omy of each such separate category’’ to eliminate un- necessary 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 appar- ently 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 Transpor- tation a petition for an exemption from the require- ment 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, re- manding, 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 sec- tion 32910(d) of the revised title. The term ‘‘regula- tions’’ 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 Admin- istrator shall use the same procedures for passenger automobiles the Administrator used’’ are substituted for ‘‘Procedures so established with respect to pas- senger 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 ‘‘Proce- dures 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 amend- ment . . . at least’’ are substituted for ‘‘Testing and calculation procedures applicable to a model year and any amendment to such procedures . . . shall be pro- mulgated not less than’’ to eliminate unnecessary words. In subsection (e), the words ‘‘his duties under’’ are omitted as surplus. PUB. L. 103–429, § 6(36)(A) This makes conforming amendments necessary be- cause 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, § 6(36)(B) Revised Section Source (U.S. Code) Source (Statutes at Large) 32904(b) ...... 15:2003(b)(2)(E), (G). Oct. 20, 1972, Public Law 92–513, § 503(b)(2)(E), (G), as amended Dec. 8, 1993, Pub. L. 103–182, § 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 Page 969 TITLE 49—TRANSPORTATION § 32905 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 pro- vided 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 im- ported . . . 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 Ad- ministrator may prescribe rules for purposes of car- rying out this subparagraph’’ are omitted as surplus be- cause of the authority of the Administrator to pre- scribe 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 omit- ted in the restatement of title 49 because of the author- ity 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, § 6(36)(C), (D) This makes conforming amendments necessary be- cause of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill. Editorial Notes AMENDMENTS 2007—Subsec. (b)(1)(B). Pub. L. 110–140, § 104(b)(2), in- serted ‘‘, except for the purposes of section 32903’’ be- fore period at end. Subsec. (b)(6) to (8). Pub. L. 110–140, § 113(a), struck out pars. (6) to (8) which related to exemption from sep- arate calculations requirement, judicial review of de- nial of petition, and unavailability of section 32903(a) and (b)(2) credits during model year when exemption is effective, respectively. 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, § 6(36)(B), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘In this subsection— ‘‘(A) a passenger automobile is deemed to be manu- factured domestically in a model year if at least 75 percent of the cost to the manufacturer is attrib- utable 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, § 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 domesti- cally by a manufacturer (or included in this category under paragraph (3) of this subsection); and ‘‘(ii) passenger automobiles not manufactured do- mestically by that manufacturer (or excluded from this category under paragraph (3) of this subsection). ‘‘(B) Passenger automobiles described in subpara- graph (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, § 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, § 6(36)(A), redesignated par. (3) as (5). Former par. (5) redesignated (7). Subsec. (b)(5)(B). Pub. L. 103–429, § 6(36)(C), sub- stituted ‘‘paragraph (1)(A)(i) and exclude under para- graph (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, § 6(36)(A), redesignated par. (4) as (6). Former par. (6) redesignated (8). Subsec. (b)(6)(A). Pub. L. 103–429, § 6(36)(D), sub- stituted ‘‘paragraph (1)(A)’’ for ‘‘paragraph (2)(A)’’ in introductory provisions. Subsec. (b)(7), (8). Pub. L. 103–429, § 6(36)(A), redesig- nated pars. (5) and (6) as (7) and (8), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. EFFECT OF REPEAL ON EXISTING EXEMPTIONS Pub. L. 110–140, title I, § 113(b), (c), Dec. 19, 2007, 121 Stat. 1508, provided that: ‘‘(b) EFFECT OF REPEAL ON EXISTING EXEMPTIONS.— Any exemption granted under section 32904(b)(6) of title 49, United States Code, prior to the date of the enact- ment of this Act [Dec. 19, 2007] shall remain in effect subject to its terms through model year 2013. ‘‘(c) ACCRUAL AND USE OF CREDITS.—Any manufac- turer holding an exemption under section 32904(b)(6) of title 49, United States Code, prior to the date of the en- actment of this Act may accrue and use credits under sections 32903 and 32905 of such title beginning with model year 2011.’’ § 32905. Manufacturing incentives for alternative fuel automobiles (a) DEDICATED AUTOMOBILES.—Except as pro- vided in subsection (c) of this section or section 32904(a)(2) of this title, for any model of dedi- cated automobile manufactured by a manufac- turer after model year 1992, the fuel economy measured for that model shall be based on the fuel content of the alternative fuel used to oper- ate the automobile. A gallon of a liquid alter- native fuel used to operate a dedicated auto- mobile is deemed to contain .15 gallon of fuel. (b) DUAL FUELED AUTOMOBILES.—Except as provided in subsection (d) of this section or sec- tion 32904(a)(2) of this title, for any model of dual fueled automobile manufactured by a man- ufacturer in model years 1993 through 2019, 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 oper- ating the model on gasoline or diesel fuel; and (2) .5 divided by the fuel economy— (A) measured under subsection (a) when operating the model on alternative fuel; or (B) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel. (c) GASEOUS FUEL DEDICATED AUTOMOBILES.— For any model of gaseous fuel dedicated auto- mobile manufactured by a manufacturer after model year 1992, the Administrator shall meas- ure the fuel economy for that model based on