42 U.S.C. § 7550 — Definitions

Page 7368 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7550 cles moving from high altitude areas to low alti- tude areas after the initial registration of such vehicles. (c) Manufacturer parts No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in sec- tion 7522(a) of this title) unless the manufac- turer demonstrates to the satisfaction of the Administrator that the use of such manufac- turer parts is necessary to insure emission con- trol performance. (d) State inspection and maintenance programs Before January 1, 1981 the authority provided by this section shall be available in any high al- titude State (as determined under regulations of the Administrator under regulations promul- gated before August 7, 1977) but after December 31, 1980, such authority shall be available only in any such State in which an inspection and main- tenance program for the testing of motor vehi- cle emissions has been instituted for the por- tions of the State where any national ambient air quality standard for auto-related pollutants has not been attained. (e) High altitude testing (1) The Administrator shall promptly establish at least one testing center (in addition to the testing centers existing on November 15, 1990) located at a site that represents high altitude conditions, to ascertain in a reasonable manner whether, when in actual use throughout their useful life (as determined under section 7521(d) of this title), each class or category of vehicle and engines to which regulations under section 7521 of this title apply conforms to the emissions standards established by such regulations. For purposes of this subsection, the term ‘‘high alti- tude conditions’’ refers to high altitude as de- fined in regulations of the Administrator in ef- fect as of November 15, 1990. (2) The Administrator, in cooperation with the Secretary of Energy and the Administrator of the Federal Transit Administration, and such other agencies as the Administrator deems ap- propriate, shall establish a research and tech- nology assessment center to provide for the de- velopment and evaluation of less-polluting heavy-duty engines and fuels for use in buses, heavy-duty trucks, and non-road engines and ve- hicles, which shall be located at a high-altitude site that represents high-altitude conditions. In establishing and funding such a center, the Ad- ministrator shall give preference to proposals which provide for local cost-sharing of facilities and recovery of costs of operation through utili- zation of such facility for the purposes of this section. (3) The Administrator shall designate at least one center at high-altitude conditions to provide research on after-market emission components, dual-fueled vehicles and conversion kits, the ef- fects of tampering on emissions equipment, test- ing of alternate fuels and conversion kits, and the development of curricula, training courses, and materials to maximize the effectiveness of inspection and maintenance programs as they relate to promoting effective control of vehicle emissions at high-altitude elevations. Pref- erence shall be given to existing vehicle emis- sions testing and research centers that have es- tablished reputations for vehicle emissions re- search and development and training, and that possess in-house Federal Test Procedure capac- ity. (July 14, 1955, ch. 360, title II, § 215, as added Pub. L. 95–95, title II, § 211(b), Aug. 7, 1977, 91 Stat. 757; amended Pub. L. 95–190, § 14(a)(75), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101–549, title II, § 224, Nov. 15, 1990, 104 Stat. 2503; Pub. L. 102–240, title III, § 3004(b), Dec. 18, 1991, 105 Stat. 2088.) Editorial Notes CODIFICATION In subsec. (d), ‘‘August 7, 1977’’ substituted for ‘‘the date of enactment of this Act’’ to reflect the probable intent of Congress that such date of enactment meant the date of enactment of Pub. L. 95–95. AMENDMENTS 1990—Subsec. (e). Pub. L. 101–549 added subsec. (e). 1977—Subsec. (d). Pub. L. 95–190 substituted ‘‘Decem- ber 31, 1980’’ for ‘‘December 31, 1981’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Federal Transit Administration’’ substituted for ‘‘Urban Mass Transportation Administration’’ in sub- sec. (e)(2) pursuant to section 3004(b) of Pub. L. 102–240, set out as a note under section 107 of Title 49, Transpor- tation. EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex- pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7550. Definitions As used in this part— (1) The term ‘‘manufacturer’’ as used in sec- tions 7521, 7522, 7525, 7541, and 7542 of this title means any person engaged in the manufac- turing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehi- cles or new nonroad engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, but shall not include any dealer with respect to new motor vehicles, new motor vehicle en- gines, new nonroad vehicles or new nonroad engines received by him in commerce. (2) The term ‘‘motor vehicle’’ means any self-propelled vehicle designed for trans- porting persons or property on a street or highway. (3) Except with respect to vehicles or en- gines imported or offered for importation, the term ‘‘new motor vehicle’’ means a motor ve- hicle the equitable or legal title to which has never been transferred to an ultimate pur- chaser; and the term ‘‘new motor vehicle en- gine’’ means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser; and with respect to Page 7369 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7552 1 So in original. Probably should be set off by quotation marks. imported vehicles or engines, such terms mean a motor vehicle and engine, respectively, man- ufactured after the effective date of a regula- tion issued under section 7521 of this title which is applicable to such vehicle or engine (or which would be applicable to such vehicle or engine had it been manufactured for impor- tation into the United States). (4) The term ‘‘dealer’’ means any person who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle en- gines to the ultimate purchaser. (5) The term ‘‘ultimate purchaser’’ means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale. (6) The term ‘‘commerce’’ means (A) com- merce between any place in any State and any place outside thereof; and (B) commerce whol- ly within the District of Columbia. (7) VEHICLE CURB WEIGHT, GROSS VEHICLE WEIGHT RATING, LIGHT-DUTY TRUCK, LIGHT-DUTY VEHICLE, AND LOADED VEHICLE WEIGHT.—The terms ‘‘vehicle curb weight’’, ‘‘gross vehicle weight rating’’ (GVWR), ‘‘light-duty truck’’ (LDT), light-duty vehicle,1 and ‘‘loaded vehicle weight’’ (LVW) have the meaning provided in regulations promulgated by the Administrator and in effect as of November 15, 1990. The ab- breviations in parentheses corresponding to any term referred to in this paragraph shall have the same meaning as the corresponding term. (8) TEST WEIGHT.—The term ‘‘test weight’’ and the abbreviation ‘‘tw’’ mean the vehicle curb weight added to the gross vehicle weight rating (gvwr) and divided by 2. (9) MOTOR VEHICLE OR ENGINE PART MANUFAC- TURER.—The term ‘‘motor vehicle or engine part manufacturer’’ as used in sections 7541 and 7542 of this title means any person en- gaged in the manufacturing, assembling or re- building of any device, system, part, compo- nent or element of design which is installed in or on motor vehicles or motor vehicle engines. (10) NONROAD ENGINE.—The term ‘‘nonroad engine’’ means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to stand- ards promulgated under section 7411 of this title or section 7521 of this title. (11) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition. (July 14, 1955, ch. 360, title II, § 216, formerly § 208, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; renumbered § 212, and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 503; renumbered § 213, and amended Pub. L. 91–604, §§ 8(a), 10(d), 11(a)(2)(A), Dec. 31, 1970, 84 Stat. 1694, 1703, 1705; renumbered § 214, Pub. L. 93–319, § 10, June 22, 1974, 88 Stat. 261; renum- bered § 216, Pub. L. 95–95, title II, § 224(d), Aug. 7, 1977, 91 Stat. 767; Pub. L. 101–549, title II, § 223, Nov. 15, 1990, 104 Stat. 2503.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–7 of this title. AMENDMENTS 1990—Par. (1). Pub. L. 101–549, § 223(b), inserted ref- erences to new nonroad vehicles or new nonroad en- gines. Pars. (7) to (11). Pub. L. 101–549, § 223(a), added pars. (7) to (11). 1970—Pub. L. 91–604, § 11(a)(2)(A), substituted ‘‘part’’ for ‘‘subchapter’’. Par. (1). Pub. L. 91–604, § 10(d)(1), inserted reference to section 7521 of this title. Par. (3). Pub. L. 91–604, § 10(d)(2), inserted provisions which defined such terms with respect to imported ve- hicles or engines. 1967—Pub. L. 90–148 inserted ‘‘as used in sections 7522, 7525, 7541, and 7542 of this title’’ after ‘‘manufacturer’’ in par. (1). § 7551. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–95, title II, § 203, Aug. 7, 1977, 91 Stat. 754; Pub. L. 97–375, title I, § 106(a), Dec. 21, 1982, 96 Stat. 1820, which required the Administrator of the En- vironmental Protection Agency to report to Congress respecting the motor vehicle fuel consumption associ- ated with the standards applicable for the immediately preceding model year, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 5th item on page 165 of House Document No. 103–7. Section was enacted as part of the Clean Air Act Amendments of 1977, and not as part of the Clean Air Act which comprises this chapter. § 7552. Motor vehicle compliance program fees (a) Fee collection Consistent with section 9701 of title 31, the Ad- ministrator may promulgate (and from time to time revise) regulations establishing fees to re- cover all reasonable costs to the Administrator associated with— (1) new vehicle or engine certification under section 7525(a) of this title or part C, (2) new vehicle or engine compliance moni- toring and testing under section 7525(b) of this title or part C, and (3) in-use vehicle or engine compliance mon- itoring and testing under section 7541(c) of this title or part C. The Administrator may establish for all foreign and domestic manufacturers a fee schedule based on such factors as the Administrator finds appropriate and equitable and nondiscrim- inatory, including the number of vehicles or en- gines produced under a certificate of con- formity. In the case of heavy-duty engine and vehicle manufacturers, such fees shall not ex- ceed a reasonable amount to recover an appro- priate portion of such reasonable costs. (b) Special Treasury fund Any fees collected under this section shall be deposited in a special fund in the United States Treasury for licensing and other services which thereafter shall be available for appropriation,