42 U.S.C. § 13211 — Definitions

Page 8524 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13211 1 So in original. The period probably should be a semicolon. 2 See References in Text note below. (b) Within 30 days of the date of this memorandum, the Director of OMB shall, as appropriate, identify for the President, through the Assistant to the President for Economic Policy (who shall act in coordination with the Assistant to the President for National Secu- rity Affairs), agencies on which the Administrator of OIRA intends to focus attention to ensure robust com- pliance with Executive Order 13211. SEC. 7. Definition. For purposes of this memorandum, the terms ‘‘hydraulic fracturing’’ and ‘‘fracking’’ shall have the meaning assigned to ‘‘hydraulic fracturing’’ in 40 C.F.R. 60.5430. SEC. 8. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Energy is hereby authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. SUBCHAPTER I—ALTERNATIVE FUELS— GENERAL § 13211. Definitions For purposes of this subchapter, subchapter II, and subchapter III (unless otherwise specified)— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency; (2) the term ‘‘alternative fuel’’ means meth- anol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by vol- ume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas, including liquid fuels domesti- cally produced from natural gas; liquefied pe- troleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is sub- stantially not petroleum and would yield sub- stantial energy security benefits and substan- tial environmental benefits; (3) ALTERNATIVE FUELED VEHICLE.— (A) IN GENERAL.—The term ‘‘alternative fueled vehicle’’ means a dedicated vehicle or a dual fueled vehicle; (B) INCLUSIONS.—The term ‘‘alternative fueled vehicle’’ includes— (i) a new qualified fuel cell motor vehicle (as defined in section 30B(b)(3) of title 26); (ii) a new advanced lean burn technology motor vehicle (as defined in section 30B(c)(3) of that title); (iii) a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of that title); and (iv) any other type of vehicle that the Administrator demonstrates to the Sec- retary would achieve a significant reduc- tion in petroleum consumption.1 (4) the term ‘‘comparable conventionally fueled motor vehicle’’ means a motor vehicle which is, as determined by the Secretary— (A) commercially available at the time the comparability of the vehicle is being as- sessed; (B) powered by an internal combustion en- gine that utilizes gasoline or diesel fuel as its fuel source; and (C) provides passenger capacity or payload capacity the same or similar to the alter- native fueled vehicle to which it is being compared; (5) ‘‘covered person’’ means a person that owns, operates, leases, or otherwise controls— (A) a fleet that contains at least 20 motor vehicles that are centrally fueled or capable of being centrally fueled, and are used pri- marily within a metropolitan statistical area or a consolidated metropolitan statis- tical area, as established by the Bureau of the Census, with a 1980 population of 250,000 or more; and (B) at least 50 motor vehicles within the United States; (6) the term ‘‘dedicated vehicle’’ means— (A) a dedicated automobile, as such term is defined in section 32901(a)(7) 2 of title 49; or (B) a motor vehicle, other than an auto- mobile, that operates solely on alternative fuel; (7) the term ‘‘domestic’’ means derived from resources within the several States, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other Commonwealth, territory, or possession of the United States, including the outer Continental Shelf, as such term is defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], or from resources within a Nation with which there is in effect a free trade agreement requiring national treatment for trade; (8) the term ‘‘dual fueled vehicle’’ means— (A) dual fueled automobile, as such term is defined in section 32901(a)(8) 2 of title 49; or (B) a motor vehicle, other than an auto- mobile, that is capable of operating on alter- native fuel and is capable of operating on gasoline or diesel fuel; (9) the term ‘‘fleet’’ means a group of 20 or more light duty motor vehicles, used pri- marily in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000, that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or oth- erwise controlled by a governmental entity or other person who owns, operates, leases, or otherwise controls 50 or more such vehicles, by Page 8525 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13212 any person who controls such person, by any person controlled by such person, and by any person under common control with such per- son, except that such term does not include— (A) motor vehicles held for lease or rental to the general public; (B) motor vehicles held for sale by motor vehicle dealers, including demonstration motor vehicles; (C) motor vehicles used for motor vehicle manufacturer product evaluations or tests; (D) law enforcement motor vehicles; (E) emergency motor vehicles, including vehicles directly used in the emergency re- pair of transmission lines and in the restora- tion of electricity service following power outages, as determined by the Secretary; (F) motor vehicles acquired and used for military purposes that the Secretary of De- fense has certified to the Secretary must be exempt for national security reasons; (G) nonroad vehicles, including farm and construction motor vehicles; or (H) motor vehicles which under normal op- erations are garaged at personal residences at night; (10) the term ‘‘fuel supplier’’ means— (A) any person engaged in the importing, refining, or processing of crude oil to produce motor fuel; (B) any person engaged in the importation, production, storage, transportation, dis- tribution, or sale of motor fuel; and (C) any person engaged in generating, transmitting, importing, or selling at whole- sale or retail electricity; (11) the term ‘‘light duty motor vehicle’’ means a light duty truck or light duty vehicle, as such terms are defined under section 7550(7) of this title, of less than or equal to 8,500 pounds gross vehicle weight rating; (12) the term ‘‘motor fuel’’ means any sub- stance suitable as a fuel for a motor vehicle; (13) the term ‘‘motor vehicle’’ has the mean- ing given such term under section 7550(2) of this title; and (14) the term ‘‘replacement fuel’’ means the portion of any motor fuel that is methanol, ethanol, or other alcohols, natural gas, lique- fied petroleum gas, hydrogen, coal derived liq- uid fuels, fuels (other than alcohol) derived from biological materials, electricity (includ- ing electricity from solar energy), ethers, or any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. (Pub. L. 102–486, title III, § 301, Oct. 24, 1992, 106 Stat. 2866; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 122], Dec. 21, 2000, 114 Stat. 2763, 2763A–229; Pub. L. 109–58, title VII, § 707, Aug. 8, 2005, 119 Stat. 818; Pub. L. 110–181, div. B, title XXVIII, § 2862, Jan. 28, 2008, 122 Stat. 559.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in introductory provi- sions, was in the original ‘‘this title’’, meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which en- acted this subchapter, amended section 6374 of this title, and repealed 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 introductory provisions, 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 sections 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce 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. Paragraphs (7) and (8) of section 32901(a) of title 49, referred to in pars. (6)(A) and (8)(A), were redesignated as pars. (8) and (9), respectively, and a new par. (7) was enacted by Pub. L. 110–140, title I, § 103(a)(2), (3), Dec. 19, 2007, 121 Stat. 1501. The Outer Continental Shelf Lands Act, referred to in par. (7), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables. CODIFICATION In pars. (6)(A) and (8)(A), ‘‘section 32901(a)(7) of title 49’’ substituted for ‘‘section 513(h)(1)(C) of the Motor Vehicle Information and Cost Savings Act’’ and ‘‘sec- tion 32901(a)(8) of title 49’’ substituted for ‘‘section 513(h)(1)(D) of the Motor Vehicle Information and Cost Savings Act’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which en- acted subtitles II, III, and V to X of Title 49, Transpor- tation. AMENDMENTS 2008—Par. (3). Pub. L. 110–181 designated existing pro- visions as subpar. (A), inserted par. and subpar. head- ings, substituted ‘‘The term’’ for ‘‘the term’’, and added subpar. (B). 2005—Par. (9)(E). Pub. L. 109–58 inserted ‘‘, including vehicles directly used in the emergency repair of trans- mission lines and in the restoration of electricity serv- ice following power outages, as determined by the Sec- retary’’ before semicolon at end. 2000—Par. (2). Pub. L. 106–554 inserted ‘‘, including liquid fuels domestically produced from natural gas’’ after ‘‘natural gas’’. § 13212. Minimum Federal fleet requirement (a) General requirements (1) The Federal Government shall acquire at least— (A) 5,000 light duty alternative fueled vehi- cles in fiscal year 1993; (B) 7,500 light duty alternative fueled vehi- cles in fiscal year 1994; and (C) 10,000 light duty alternative fueled vehi- cles in fiscal year 1995. (2) The Secretary shall allocate the acquisi- tions necessary to meet the requirements under paragraph (1). (b) Percentage requirements (1) Of the total number of vehicles acquired by a Federal fleet, at least— (A) 25 percent in fiscal year 1996; (B) 33 percent in fiscal year 1997; (C) 50 percent in fiscal year 1998; and (D) 75 percent in fiscal year 1999 and there- after, shall be alternative fueled vehicles.