49 U.S.C. § 32918 — Retrofit devices

Page 981 TITLE 49—TRANSPORTATION § 32918 graph (1) of this subsection in each report sub- mitted under subsection (a) of this section more than 180 days after an exemption has been grant- ed under section 32904(b)(6) of this title, or sub- mit the results of the examination directly to Congress before the report is submitted when circumstances warrant. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1074; Pub. L. 103–429, § 6(42), Oct. 31, 1994, 108 Stat. 4382.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32916(a) ...... 15:2002(a)(2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 502(a)(2); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 902. 32916(b)(1) .. 15:2012(c)(1). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 512(c); added Oct. 10, 1980, Pub. L. 96–425, § 4(a)(2), 94 Stat. 1823. 32916(b)(2) .. 15:2012(c)(2). In subsection (a), the words ‘‘a report on the review by the Secretary’’ are substituted for ‘‘a review’’ for clarity. The words ‘‘beginning in 1977’’ and the text of 15:2002(a) (2d, last sentences) are omitted as executed. In subsection (b)(1), before clause (A), reference to section 32904(b)(4) the 2d time it appears is substituted for ‘‘the amendment made to section 2003(b) of this title by section 4(a)(1) of the Automobile Fuel Effi- ciency Act of 1980’’ for clarity and to eliminate unnec- essary words. Clause (B) is substituted for ‘‘achieves the purposes of that Act’’ for clarity. In subsection (b)(2), the reference to ‘‘subsection (a) of this section’’ is restated to refer to 15:2002(a) rather than 15:2012(a) to reflect the apparent intent of Con- gress. Although 15:2012(c)(2) refers to an annual report under 15:2012(a), that provision does not provide for an annual report. PUB. L. 103–429 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 REFERENCES IN TEXT Paragraph (6) of section 32904(b) of this title, referred to in subsec. (b), was repealed by Pub. L. 110–140, title I, § 113(a), Dec. 19, 2007, 121 Stat. 1508. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–429, in par. (1), introduc- tory provisions, substituted ‘‘32904(b)(6)’’ for ‘‘32904(b)(4)’’ in two places, in par. (1)(E), substituted ‘‘32904(b)(2)’’ for ‘‘32904(b)(1)(A)’’, and in par. (2), sub- stituted ‘‘32904(b)(6)’’ for ‘‘32904(b)(4)’’. § 32917. Standards for executive agency auto- mobiles (a) DEFINITION.—In this section, ‘‘executive agency’’ has the same meaning given that term in section 105 of title 5. (b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall prescribe regulations that re- quire passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year to achieve a fleet aver- age fuel economy (determined under paragraph (2) of this subsection) for that year of at least the greater of— (A) 18 miles a gallon; or (B) the applicable average fuel economy standard under section 32902(b) or (c) of this title for the model year that includes January 1 of that fiscal year. (2) Fleet average fuel economy is— (A) the total number of passenger auto- mobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year (except automobiles designed for combat- related missions, law enforcement work, or emergency rescue work); divided by (B) the sum of the fractions obtained by di- viding the number of automobiles of each model leased or bought by the fuel economy of that model. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1075.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32917(a) ...... 15:2010(b)(2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 510; added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 915. 32917(b) ...... 15:2010(a), (b)(1), (3). In subsection (b)(1), before clause (A), the words ‘‘within 120 days after December 22, 1975’’ and ‘‘which begins after December 22, 1975’’ are omitted as exe- cuted. The words ‘‘(determined under paragraph (2) of this subsection)’’ are added for clarity. In subsection (b)(2), before clause (A), the words ‘‘As used in this section: (1) The term’’ are omitted as sur- plus. In clause (A), the words ‘‘to which this section ap- plies’’ and ‘‘for the Armed Forces’’ are omitted as sur- plus. In clause (B), the words ‘‘the sum of the fractions obtained’’ are substituted for ‘‘a sum of terms, each term of which is a fraction created’’ to eliminate un- necessary words. § 32918. Retrofit devices (a) DEFINITION.—In this section, the term ‘‘ret- rofit device’’ means any component, equipment, or other device— (1) that is designed to be installed in or on an automobile (as an addition to, as a replace- ment for, or through alteration or modifica- tion of, any original component, equipment, or other device); and (2) that any manufacturer, dealer, or dis- tributor of the device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped, as determined under regulations of the Adminis- trator of the Environmental Protection Agency. The term also includes a fuel additive for use in an automobile. (b) EXAMINATION OF FUEL ECONOMY REPRESEN- TATIONS.—The Federal Trade Commission shall establish a program for systematically exam- ining fuel economy representations made with respect to retrofit devices. Whenever the Com- mission has reason to believe that any represen- tation may be inaccurate, the Commission shall request the Administrator to evaluate, in ac- cordance with subsection (c) of this section, the retrofit device with respect to which the rep- resentation was made. (c) EVALUATION OF RETROFIT DEVICES.—(1) On application of any manufacturer of a retrofit de- Page 982 TITLE 49—TRANSPORTATION § 32919 vice (or prototype of a retrofit device), on re- quest of the Commission under subsection (b) of this section, or on the motion of the Adminis- trator, the Administrator shall evaluate, in ac- cordance with regulations prescribed under sub- section (e) of this section, any retrofit device to determine whether the retrofit device increases fuel economy and to determine whether the rep- resentations, if any, made with respect to the retrofit device are accurate. (2) If under paragraph (1) of this subsection, the Administrator tests, or causes to be tested, any retrofit device on the application of a manu- facturer of the device, the manufacturer shall supply, at the manufacturer’s expense, one or more samples of the device to the Administrator and shall be liable for the costs of testing in- curred by the Administrator. The procedures for testing retrofit devices so supplied may include a requirement for preliminary testing by a qualified independent testing laboratory, at the expense of the manufacturer of the device. (d) RESULTS OF TESTS AND PUBLICATION IN FED- ERAL REGISTER.—(1) The Administrator shall publish in the Federal Register a summary of the results of all tests conducted under this sec- tion, together with the Administrator’s conclu- sions as to— (A) the effect of any retrofit device on fuel economy; (B) the effect of the device on emissions of air pollutants; and (C) any other information the Administrator determines to be relevant in evaluating the device. (2) The summary and conclusions shall also be submitted to the Secretary of Transportation and the Commission. (e) REGULATIONS ESTABLISHING TESTS AND PRO- CEDURES FOR EVALUATION OF RETROFIT DE- VICES.—The Administrator shall prescribe regu- lations establishing— (1) testing and other procedures for evalu- ating the extent to which retrofit devices af- fect fuel economy and emissions of air pollut- ants; and (2) criteria for evaluating the accuracy of fuel economy representations made with re- spect to retrofit devices. (Pub. L. 103–429, § 6(43)(B), Oct. 31, 1994, 108 Stat. 4382.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32918 .......... 15:2011. Oct. 20, 1972, Pub. L. 92–513, § 511, as added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 915, and amended July 5, 1994, Pub. L. 103–272, § 4(c), 108 Stat. 1361. This restates 15:2011 to include 15:2011 in the scope of the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 745). In subsection (a), the words ‘‘Administrator of the Environmental Protection Agency’’ are substituted for ‘‘Administrator’’ for clarity and to conform to the style of the codification which is to state the complete title the first time a descriptive title is used, and thereafter, to use a shorter title unless the context re- quires the complete title to be used. In subsections (c) and (e), the word ‘‘regulations’’ is substituted for ‘‘rules’’ and ‘‘by rule’’ for consistency with the restatement of title 49. In subsection (e)(1), the words ‘‘The Administrator shall prescribe regulations establishing’’ are sub- stituted for ‘‘Within 180 days after December 22, 1975, the Administrator shall, by rule, establish’’ to elimi- nate executed words. Editorial Notes PRIOR PROVISIONS A prior section 32918 was renumbered section 32919 of this title. § 32919. Preemption (a) GENERAL.—When an average fuel economy standard prescribed under this chapter is in ef- fect, a State or a political subdivision of a State may not adopt or enforce a law or regulation re- lated to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter. (b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement under section 32908 of this title is in effect, a State or a political subdivision of a State may adopt or enforce a law or regulation on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is identical to that requirement. (c) STATE AND POLITICAL SUBDIVISION AUTO- MOBILES.—A State or a political subdivision of a State may prescribe requirements for fuel econ- omy for automobiles obtained for its own use. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1075, § 32918; renumbered § 32919, Pub. L. 103–429, § 6(43)(A), Oct. 31, 1994, 108 Stat. 4382.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32918 .......... 15:2009. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 509; added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 914. In subsection (a), the word ‘‘prescribed’’ is sub- stituted for ‘‘established’’ for consistency. Editorial Notes AMENDMENTS 1994—Pub. L. 103–429 renumbered section 32918 of this title as this section. CHAPTER 331—THEFT PREVENTION Sec. 33101. Definitions. 33102. Theft prevention standard for high theft lines. 33103. Theft prevention standard for other lines. 33104. Designation of high theft vehicle lines and parts. 33105. Cost limitations. 33106. Exemption for passenger motor vehicles equipped with anti-theft devices. 33107. Voluntary vehicle identification standards. 33108. Monitoring compliance of manufacturers. 33109. National Stolen Passenger Motor Vehicle In- formation System. 33110. Verifications involving junk and salvage motor vehicles.