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42 U.S.C. § 13231 — Public information program

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

42 U.S.C. § 13231 — Public information program

Page 8530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13231 (f) Definitions For purposes of this section— (1) the term ‘‘biodiesel’’— (A) means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 7545 of this title; (B) includes biodiesel derived from— (i) animal wastes, including poultry fats and poultry wastes, and other waste mate- rials; or (ii) municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and (2) the term ‘‘qualifying volume’’ means— (A) 450 gallons; or (B) if the Secretary determines by rule that the average annual alternative fuel use in light duty vehicles by fleets and covered persons exceeds 450 gallons or gallon equiva- lents, the amount of such average annual al- ternative fuel use. (Pub. L. 102–486, title III, § 312, as added Pub. L. 105–277, div. A, § 101(a) [title XII, § 1201(a)], Oct. 21, 1998, 112 Stat. 2681, 2681–48; Pub. L. 105–388, § 7(a), Nov. 13, 1998, 112 Stat. 3480; Pub. L. 109–58, title XV, § 1515, Aug. 8, 2005, 119 Stat. 1091.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a)(1), probably means October 21, 1998, the date of the enactment of this section by Pub. L. 105–277, rather than Nov. 13, 1998, the date of the enactment of this section by Pub. L. 105–388. This subchapter, referred to in subsec. (b), was in the original ‘‘this title’’, meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which enacted this subchapter, amended section 6374 of this title, and re- pealed provisions set out as a note under section 6374 of this title. For co

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Page 8530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13231 (f) Definitions For purposes of this section— (1) the term ‘‘biodiesel’’— (A) means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 7545 of this title; (B) includes biodiesel derived from— (i) animal wastes, including poultry fats and poultry wastes, and other waste mate- rials; or (ii) municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and (2) the term ‘‘qualifying volume’’ means— (A) 450 gallons; or (B) if the Secretary determines by rule that the average annual alternative fuel use in light duty vehicles by fleets and covered persons exceeds 450 gallons or gallon equiva- lents, the amount of such average annual al- ternative fuel use. (Pub. L. 102–486, title III, § 312, as added Pub. L. 105–277, div. A, § 101(a) [title XII, § 1201(a)], Oct. 21, 1998, 112 Stat. 2681, 2681–48; Pub. L. 105–388, § 7(a), Nov. 13, 1998, 112 Stat. 3480; Pub. L. 109–58, title XV, § 1515, Aug. 8, 2005, 119 Stat. 1091.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a)(1), probably means October 21, 1998, the date of the enactment of this section by Pub. L. 105–277, rather than Nov. 13, 1998, the date of the enactment of this section by Pub. L. 105–388. This subchapter, referred to in subsec. (b), was in the original ‘‘this title’’, meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which enacted this subchapter, amended section 6374 of this title, and re- pealed provisions set out as a note under section 6374 of this title. For complete classification of title III to the Code, see Tables. Subchapter II, referred to in subsec. (b), was in the original ‘‘title IV’’, meaning title IV of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2875, which enacted subchapter II (§ 13231 et seq.) of this chapter, amended sections 6374a and 6374b and former section 6374c of this title and sec- tions 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Com- merce and Trade, enacted provisions set out as notes under former section 79b and section 717 of Title 15, and repealed provisions set out as a note under section 717c of Title 15. For complete classification of title IV to the Code, see Tables. CODIFICATION Pub. L. 105–277 and Pub. L. 105–388 enacted identical sections. AMENDMENTS 2005—Subsec. (f)(1). Pub. L. 109–58 inserted dash after ‘‘ ‘biodiesel’ ’’, designated remainder of existing provi- sions as subpar. (A), and added subpar. (B). SUBCHAPTER II—ALTERNATIVE FUELS— NON-FEDERAL PROGRAMS § 13231. Public information program The Secretary, in consultation with appro- priate Federal agencies and individuals and or- ganizations with practical experience in the pro- duction and use of alternative fuels and alter- native fueled vehicles, shall, for the purposes of promoting the use of alternative fuels and alter- native fueled vehicles, establish a public infor- mation program on the benefits and costs of the use of alternative fuels in motor vehicles. With- in 18 months after October 24, 1992, the Sec- retary shall produce and make available an in- formation package for consumers to assist them in choosing among alternative fuels and alter- native fueled vehicles. Such information pack- age shall provide relevant and objective infor- mation on motor vehicle characteristics and fuel characteristics as compared to gasoline, on a life cycle basis, including environmental per- formance, energy efficiency, domestic content, cost, maintenance requirements, reliability, and safety. Such information package shall also in- clude information with respect to the conver- sion of conventional motor vehicles to alter- native fueled vehicles. The Secretary shall in- clude such other information as the Secretary determines is reasonable and necessary to help promote the use of alternative fuels in motor ve- hicles. Such information package shall be up- dated annually to reflect the most recent avail- able information. (Pub. L. 102–486, title IV, § 405, Oct. 24, 1992, 106 Stat. 2880.) § 13232. Labeling requirements (a) Establishment of requirements The Federal Trade Commission, in consulta- tion with the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, shall, within 18 months after October 24, 1992, issue a notice of proposed rulemaking for a rule to establish uni- form labeling requirements, to the greatest ex- tent practicable, for alternative fuels and alter- native fueled vehicles, including requirements for appropriate information with respect to costs and benefits, so as to reasonably enable the consumer to make choices and comparisons. Required labeling under the rule shall be simple and, where appropriate, consolidated with other labels providing information to the consumer. In formulating the rule, the Federal Trade Com- mission shall give consideration to the problems associated with developing and publishing useful and timely cost and benefit information, taking into account lead time, costs, the frequency of changes in costs and benefits that may occur, and other relevant factors. The Commission shall obtain the views of affected industries, consumer organizations, Federal and State agencies, and others in formulating the rule. A final rule shall be issued within 1 year after the notice of proposed rulemaking is issued. Such rule shall be updated periodically to reflect the most recent available information. (b) Technical assistance and coordination The Secretary shall provide technical assist- ance to the Federal Trade Commission in devel- oping labeling requirements under subsection (a). The Secretary shall coordinate activities under this section with activities under section 13231 of this title. (Pub. L. 102–486, title IV, § 406, Oct. 24, 1992, 106 Stat. 2880.)

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

42 U.S.C. § 13231 — Biodiesel fuel use credits

**(a) Allocation of credits** (1) **In general** — The Secretary shall allocate one credit under this section to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 percent biodiesel by volume purchased after the date of the enactment of this section, for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating. (2) **Exceptions** — No credits shall be allocated under paragraph (1) for a purchase of biodiesel— (A) for use in alternative fueled vehicles; or (B) that is required by Federal or State law. (3) **Authority to modify percentage** — The Secretary may, by rule, lower the 20 percent biodiesel volume requirement in paragraph (1) for reasons related to cold start, safety, or vehicle function considerations. (4) **Documentation** — A fleet or covered person seeking a credit under this section shall provide written documentation to the Secretary supporting the allocation of a credit to such fleet or covered person under paragraph (1). **(b) Use of credits** (1) **In general** — At the request of a fleet or covered person allocated a credit under subsection (a), the Secretary shall, for the year in which the purchase of a qualifying volume is made, treat that purchase as the acquisition of one alternative fueled vehicle the fleet or covered person is required to acquire under this subchapter, subchapter II, or subchapter III. (2) **Limitation** — Credits allocated under subsection (a) may not be used to satisfy more than 50 percent of the alternative fueled vehicle requirements of a fleet or covered person under this subchapter, subchapter II, and subchapter III. This paragraph shall not apply to a

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