49 U.S.C. § 32902 — Average fuel economy standards

Page 959 TITLE 49—TRANSPORTATION § 32902 title 49, United States Code, that has a combined fuel economy value of at least 22 miles per gallon; ‘‘(2) the term ‘category 1 truck’ means a nonpas- senger automobile, as defined in section 32901(a)(17) of title 49, United States Code, that has a combined fuel economy value of at least 18 miles per gallon, except that such term does not include a category 2 truck; ‘‘(3) the term ‘category 2 truck’ means a large van or a large pickup, as categorized by the Secretary using the method used by the Environmental Protec- tion Agency and described in the report entitled ‘Light-Duty Automotive Technology and Fuel Econ- omy Trends: 1975 through 2008’; ‘‘(4) the term ‘category 3 truck’ means a work truck, as defined in section 32901(a)(19) of title 49, United States Code; ‘‘(5) the term ‘combined fuel economy value’ means— ‘‘(A) with respect to a new fuel efficient auto- mobile, the number, expressed in miles per gallon, centered below the words ‘Combined Fuel Economy’ on the label required to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40, Code of Federal Regulations; ‘‘(B) with respect to an eligible trade-in vehicle, the equivalent of the number described in subpara- graph (A), and posted under the words ‘Estimated New EPA MPG’ and above the word ‘Combined’ for vehicles of model year 1984 through 2007, or posted under the words ‘New EPA MPG’ and above the word ‘Combined’ for vehicles of model year 2008 or later on the fueleconomy.gov website of the Envi- ronmental Protection Agency for the make, model, and year of such vehicle; or ‘‘(C) with respect to an eligible trade-in vehicle manufactured between model years 1978 through 1985, the equivalent of the number described in sub- paragraph (A) as determined by the Secretary (and posted on the website of the National Highway Traffic Safety Administration) using data main- tained by the Environmental Protection Agency for the make, model, and year of such vehicle. ‘‘(6) the term ‘dealer’ means a person licensed by a State who engages in the sale of new automobiles to ultimate purchasers; ‘‘(7) the term ‘eligible trade-in vehicle’ means an automobile or a work truck (as such terms are de- fined in section 32901(a) of title 49, United States Code) that, at the time it is presented for trade-in under this section— ‘‘(A) is in drivable condition; ‘‘(B) has been continuously insured consistent with the applicable State law and registered to the same owner for a period of not less than 1 year im- mediately prior to such trade-in; ‘‘(C) was manufactured less than 25 years before the date of the trade-in; and ‘‘(D) in the case of an automobile, has a combined fuel economy value of 18 miles per gallon or less; ‘‘(8) the term ‘new fuel efficient automobile’ means an automobile described in paragraph (1), (2), (3), or (4)— ‘‘(A) the equitable or legal title of which has not been transferred to any person other than the ulti- mate purchaser; ‘‘(B) that carries a manufacturer’s suggested re- tail price of $45,000 or less; ‘‘(C) that— ‘‘(i) in the case of passenger automobiles, cat- egory 1 trucks, or category 2 trucks, is certified to applicable standards under section 86.1811–04 of title 40, Code of Federal Regulations; or ‘‘(ii) in the case of category 3 trucks, is certified to the applicable vehicle or engine standards under section 86.1816–08, 86–007–11 [probably means 86.007–11], or 86.008–10 of title 40, Code of Federal Regulations; and ‘‘(D) that has the combined fuel economy value of at least— ‘‘(i) 22 miles per gallon for a passenger auto- mobile; ‘‘(ii) 18 miles per gallon for a category 1 truck; or ‘‘(iii) 15 miles per gallon for a category 2 truck; ‘‘(9) the term ‘Program’ means the Consumer As- sistance to Recycle and Save Program established by this section; ‘‘(10) the term ‘qualifying lease’ means a lease of an automobile for a period of not less than 5 years; ‘‘(11) the term ‘scrappage value’ means the amount received by the dealer for a vehicle upon transferring title of such vehicle to the person responsible for en- suring the dismantling and destroying of the vehicle; ‘‘(12) the term ‘Secretary’ means the Secretary of Transportation acting through the National Highway Traffic Safety Administration; ‘‘(13) the term ‘ultimate purchaser’ means, with re- spect to any new automobile, the first person who in good faith purchases such automobile for purposes other than resale; ‘‘(14) the term ‘vehicle identification number’ means the 17 character number used by the auto- mobile industry to identify individual automobiles; and ‘‘(15) the term ‘voucher’ means an electronic trans- fer of funds to a dealer based on an eligible trans- action under this program. ‘‘(j) APPROPRIATION.—There is hereby appropriated to the Secretary of Transportation $1,000,000,000, of which up to $50,000,000 is available for administration, to re- main available until expended to carry out this sec- tion.’’ § 32902. Average fuel economy standards (a) PRESCRIPTION OF STANDARDS BY REGULA- TION.—At least 18 months before the beginning of each model year, the Secretary of Transpor- tation shall prescribe by regulation average fuel economy standards for automobiles manufac- tured by a manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides the manufacturers can achieve in that model year. (b) STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER VEHICLES.— (1) IN GENERAL.—The Secretary of Transpor- tation, after consultation with the Secretary of Energy and the Administrator of the Envi- ronmental Protection Agency, shall prescribe separate average fuel economy standards for— (A) passenger automobiles manufactured by manufacturers in each model year begin- ning with model year 2011 in accordance with this subsection; (B) non-passenger automobiles manufac- tured by manufacturers in each model year beginning with model year 2011 in accord- ance with this subsection; and (C) work trucks and commercial medium- duty or heavy-duty on-highway vehicles in accordance with subsection (k). (2) FUEL ECONOMY STANDARDS FOR AUTO- MOBILES.— (A) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2011 THROUGH 2020.—The Sec- retary shall prescribe a separate average fuel economy standard for passenger auto- mobiles and a separate average fuel economy standard for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel economy av- erage for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufac- Page 960 TITLE 49—TRANSPORTATION § 32902 tured for sale in the United States for that model year. (B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2021 THROUGH 2030.—For model years 2021 through 2030, the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles manufactured for sale in the United States shall be the maximum feasible average fuel economy standard for each fleet for that model year. (C) PROGRESS TOWARD STANDARD RE- QUIRED.—In prescribing average fuel econ- omy standards under subparagraph (A), the Secretary shall prescribe annual fuel econ- omy standard increases that increase the ap- plicable average fuel economy standard rat- ably beginning with model year 2011 and end- ing with model year 2020. (3) AUTHORITY OF THE SECRETARY.—The Sec- retary shall— (A) prescribe by regulation separate aver- age fuel economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to fuel econ- omy and express each standard in the form of a mathematical function; and (B) issue regulations under this title pre- scribing average fuel economy standards for at least 1, but not more than 5, model years. (4) MINIMUM STANDARD.—In addition to any standard prescribed pursuant to paragraph (3), each manufacturer shall also meet the min- imum standard for domestically manufactured passenger automobiles, which shall be the greater of— (A) 27.5 miles per gallon; or (B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger auto- mobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be pub- lished in the Federal Register when the standard for that model year is promulgated in accordance with this section. (c) AMENDING PASSENGER AUTOMOBILE STAND- ARDS.—The Secretary of Transportation may prescribe regulations amending the standard under subsection (b) of this section for a model year to a level that the Secretary decides is the maximum feasible average fuel economy level for that model year. Section 553 of title 5 applies to a proceeding to amend the standard. How- ever, any interested person may make an oral presentation and a transcript shall be taken of that presentation. (d) EXEMPTIONS.—(1) Except as provided in paragraph (3) of this subsection, on application of a manufacturer that manufactured (whether in the United States or not) fewer than 10,000 passenger automobiles in the model year 2 years before the model year for which the application is made, the Secretary of Transportation may exempt by regulation the manufacturer from a standard under subsection (b) or (c) of this sec- tion. An exemption for a model year applies only if the manufacturer manufactures (whether in the United States or not) fewer than 10,000 passenger automobiles in the model year. The Secretary may exempt a manufacturer only if the Secretary— (A) finds that the applicable standard under those subsections is more stringent than the maximum feasible average fuel economy level that the manufacturer can achieve; and (B) prescribes by regulation an alternative average fuel economy standard for the pas- senger automobiles manufactured by the ex- empted manufacturer that the Secretary de- cides is the maximum feasible average fuel economy level for the manufacturers to which the alternative standard applies. (2) An alternative average fuel economy stand- ard the Secretary of Transportation prescribes under paragraph (1)(B) of this subsection may apply to an individually exempted manufac- turer, to all automobiles to which this sub- section applies, or to classes of passenger auto- mobiles, as defined under regulations of the Sec- retary, manufactured by exempted manufactur- ers. (3) Notwithstanding paragraph (1) of this sub- section, an importer registered under section 30141(c) of this title may not be exempted as a manufacturer under paragraph (1) for a motor vehicle that the importer— (A) imports; or (B) brings into compliance with applicable motor vehicle safety standards prescribed under chapter 301 of this title for an individual under section 30142 of this title. (4) The Secretary of Transportation may pre- scribe the contents of an application for an ex- emption. (e) EMERGENCY VEHICLES.—(1) In this sub- section, ‘‘emergency vehicle’’ means an auto- mobile manufactured primarily for use— (A) as an ambulance or combination ambu- lance-hearse; (B) by the United States Government or a State or local government for law enforce- ment; or (C) for other emergency uses prescribed by regulation by the Secretary of Transportation. (2) A manufacturer may elect to have the fuel economy of an emergency vehicle excluded in applying a fuel economy standard under sub- section (a), (b), (c), or (d) of this section. The election is made by providing written notice to the Secretary of Transportation and to the Ad- ministrator of the Environmental Protection Agency. (f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE AVERAGE FUEL ECONOMY.—When decid- ing maximum feasible average fuel economy under this section, the Secretary of Transpor- tation shall consider technological feasibility, economic practicability, the effect of other motor vehicle standards of the Government on fuel economy, and the need of the United States to conserve energy. (g) REQUIREMENTS FOR OTHER AMENDMENTS.— (1) The Secretary of Transportation may pre- scribe regulations amending an average fuel economy standard prescribed under subsection (a) or (d) of this section if the amended standard meets the requirements of subsection (a) or (d), as appropriate. (2) When the Secretary of Transportation pre- scribes an amendment under this section that Page 961 TITLE 49—TRANSPORTATION § 32902 makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment (and submit the amendment to Con- gress when required under subsection (c)(2) of this section) at least 18 months before the begin- ning of the model year to which the amendment applies. (h) LIMITATIONS.—In carrying out subsections (c), (f), and (g) of this section, the Secretary of Transportation— (1) may not consider the fuel economy of dedicated automobiles; (2) shall consider dual fueled automobiles to be operated only on gasoline or diesel fuel; and (3) may not consider, when prescribing a fuel economy standard, the trading, transferring, or availability of credits under section 32903. (i) CONSULTATION.—The Secretary of Transpor- tation shall consult with the Secretary of En- ergy in carrying out this section and section 32903 of this title. (j) SECRETARY OF ENERGY COMMENTS.—(1) Be- fore issuing a notice proposing to prescribe or amend an average fuel economy standard under subsection (a), (c), or (g) of this section, the Sec- retary of Transportation shall give the Sec- retary of Energy at least 10 days from the re- ceipt of the notice during which the Secretary of Energy may, if the Secretary of Energy con- cludes that the proposed standard would ad- versely affect the conservation goals of the Sec- retary of Energy, provide written comments to the Secretary of Transportation about the im- pact of the standard on those goals. To the ex- tent the Secretary of Transportation does not revise a proposed standard to take into account comments of the Secretary of Energy on any ad- verse impact of the standard, the Secretary of Transportation shall include those comments in the notice. (2) Before taking final action on a standard or an exemption from a standard under this sec- tion, the Secretary of Transportation shall no- tify the Secretary of Energy and provide the Secretary of Energy a reasonable time to com- ment. (k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON- HIGHWAY VEHICLES AND WORK TRUCKS.— (1) STUDY.—Not later than 1 year after the National Academy of Sciences publishes the results of its study under section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and work trucks and determine— (A) the appropriate test procedures and methodologies for measuring the fuel effi- ciency of such vehicles and work trucks; (B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used; (C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall en- ergy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel effi- ciency; and (D) such other factors and conditions that could have an impact on a program to im- prove commercial medium- and heavy-duty on-highway vehicle and work truck fuel effi- ciency. (2) RULEMAKING.—Not later than 24 months after completion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Adminis- trator of the Environmental Protection Agen- cy, by regulation, shall determine in a rule- making proceeding how to implement a com- mercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency im- provement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test meth- ods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty on-highway vehicles and work trucks. The Secretary may prescribe separate standards for different classes of ve- hicles under this subsection. (3) LEAD-TIME; REGULATORY STABILITY.—The commercial medium- and heavy-duty on-high- way vehicle and work truck fuel economy standard adopted pursuant to this subsection shall provide not less than— (A) 4 full model years of regulatory lead- time; and (B) 3 full model years of regulatory sta- bility. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1059; Pub. L. 110–140, title I, §§ 102, 104(b)(1), Dec. 19, 2007, 121 Stat. 1498, 1503.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32902(a) ...... 15:2002(b). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 502(a)(1), (3)–(c), (e) (1st sentence), (f), (h); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 902, 903, 905; Oct. 10, 1980, Pub. L. 96–425, §§ 3(a)(1), 7, 8(c), 94 Stat. 1821, 1828. 32902(b) ...... 15:2002(a)(1), (3). 32902(c)(1) .. 15:2002(a)(4) (words before 5th comma), (h). 32902(c)(2) .. 15:2002(a)(4) (words after 5th comma), (5). 32902(d) ...... 15:1397 (note). Oct. 31, 1988, Pub. L. 100–562, § 2(f), 102 Stat. 2825. 15:2002(c). 32902(e) ...... 15:2002(g). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 502(g); added Oct. 10, 1980, Pub. L. 96–425, § 7, 94 Stat. 1828. 32902(f) ....... 15:2002(e) (1st sen- tence). 32902(g) ...... 15:2002(f). 32902(h) ...... 15:2002(e) (last sen- tence). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§ 502(e) (last sentence), 513(g)(2)(B); added Oct. 14, 1988, Pub. L. 100–494, § 6(a), (c), 102 Stat. 2450, 2452; Oct. 24, 1992, Pub. L. 102–486, § 403(2), (5)(G)(ii)(II), (III), 106 Stat. 2876, 2878. Page 962 TITLE 49—TRANSPORTATION § 32902 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 15:2013(g)(2)(B). 32902(i) ....... 15:2002(i) (1st sen- tence). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 502(i), (j); added Aug. 4, 1977, Pub. L. 95–91, § 305, 91 Stat. 580; Oct. 10, 1980, Pub. L. 96–425, § 7, 94 Stat. 1828. 32902(j) ....... 15:2002(i) (2d, last sentences), (j). In subsection (a), the words ‘‘Any standard applicable to a model year under this subsection shall be pre- scribed’’ are omitted as surplus. The words ‘‘which be- gins more than 30 months after December 22, 1975’’ are omitted as executed. In subsection (b), the text of 15:2002(a)(1) (related to model years before 1985) and (3) is omitted as expired. The words ‘‘at least’’ are omitted as unnecessary be- cause of the source provisions restated in subsection (c) of this section. In subsection (c)(1), the words ‘‘Subject to paragraph (2) of this subsection’’ are added for clarity. The words ‘‘may prescribe regulations amending’’ are substituted for ‘‘may, by rule, amend’’ for clarity and consistency in the revised title and because ‘‘rule’’ is synonymous with ‘‘regulation’’. The words ‘‘for a model year’’ are substituted for ‘‘for model year 1985, or for any subse- quent model year’’ to eliminate the expired limitation. The reference in 15:2002(h) to 15:2002(d) is omitted be- cause 15:2002(d) is omitted from the revised title as exe- cuted. The words ‘‘as well as written’’ are omitted as surplus. In subsection (c)(2), the words ‘‘If an amendment in- creases the standard . . . or decreases the standard’’ are substituted for ‘‘except that any amendment that has the effect of increasing . . . a standard . . ., or of decreasing . . . a standard’’ to eliminate unnecessary words. The words ‘‘For purposes of considering any modification which is submitted to the Congress under paragraph (4)’’ are omitted as surplus. The words ‘‘are deemed to be’’ are substituted for ‘‘shall be lengthened to’’ for clarity and consistency. In subsection (d)(1), before clause (A), the words ‘‘Ex- cept as provided in paragraph (3) of this subsection’’ are added because of the restatement. The words ‘‘in the model year 2 years before’’ are substituted for ‘‘in the second model year preceding’’ for clarity. The words ‘‘The Secretary may exempt a manufacturer only if the Secretary’’ are substituted for ‘‘Such exemption may only be granted if the Secretary’’ and ‘‘The Secretary may not issue exemptions with respect to a model year unless he’’ to eliminate unnecessary words. The words ‘‘each such standard shall be set at a level which’’ are omitted as surplus. In subsection (d)(3), before clause (A), the words ‘‘Notwithstanding paragraph (1) of this subsection’’ are substituted for ‘‘Notwithstanding any provision of law authorizing exemptions from energy conservation re- quirements for manufacturers of fewer than 10,000 motor vehicles’’ to eliminate unnecessary words. In clause (B), the word ‘‘compliance’’ is substituted for ‘‘conformity’’ for consistency with chapter 301 of the revised title. The words ‘‘prescribed under chapter 301 of this title’’ are substituted for ‘‘Federal’’ for consist- ency in the revised title. Subsection (d)(4) is substituted for 15:2002(c)(1) (2d sentence) to eliminate unnecessary words. The text of 15:2002(c)(2) is omitted as expired. In subsection (e)(1)(B), the words ‘‘police or other’’ are omitted as unnecessary because the authority to prescribe standards includes the authority to amend those standards. In subsection (g)(1), the words ‘‘from time to time’’ are omitted as unnecessary. The cross-reference to 15:2002(a)(3) is omitted as executed because 15:2002(a)(3) applied to model years 1981–1984. In subsection (g)(2), the words ‘‘that makes’’ are sub- stituted for ‘‘has the effect of making’’ to eliminate un- necessary words. In subsection (i), the words ‘‘his responsibilities under’’ are omitted as surplus. In subsection (j), the reference to 15:2002(d) and the words ‘‘or any modification of’’ are omitted because 15:2002(d) is omitted from the revised title as executed. In subsection (j)(1), the words ‘‘to prescribe or amend’’ are substituted for ‘‘to establish, reduce, or amend’’ to eliminate unnecessary words. The words ‘‘adverse impact’’ are substituted for ‘‘level’’ for clarity and consistency. The words ‘‘those comments’’ are sub- stituted for ‘‘unaccommodated comments’’ for clarity. Editorial Notes REFERENCES IN TEXT Section 108 of the Ten-in-Ten Fuel Economy Act, re- ferred to in subsec. (k)(1), is section 108 of Pub. L. 110–140, title I, Dec. 19, 2007, 121 Stat. 1505, which is not classified to the Code. AMENDMENTS 2007—Subsec. (a). Pub. L. 110–140, § 102(a)(1), in head- ing, substituted ‘‘Prescription of Standards by Regula- tion’’ for ‘‘Non-Passenger Automobiles’’, and, in text, struck out ‘‘(except passenger automobiles)’’ after ‘‘for automobiles’’ and ‘‘The Secretary may prescribe sepa- rate standards for different classes of automobiles.’’ at end. Subsec. (b). Pub. L. 110–140, § 102(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text of subsec. (b) read as follows: ‘‘Except as provided in this section, the average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year after model year 1984 shall be 27.5 miles a gallon.’’ Subsec. (c). Pub. L. 110–140, § 102(a)(3), substituted ‘‘The Secretary’’ for ‘‘(1) Subject to paragraph (2) of this subsection, the Secretary’’ and struck out par. (2) which read as follows: ‘‘If an amendment increases the standard above 27.5 miles a gallon or decreases the standard below 26.0 miles a gallon, the Secretary of Transportation shall submit the amendment to Con- gress. The procedures of section 551 of the Energy Pol- icy and Conservation Act (42 U.S.C. 6421) apply to an amendment, except that the 15 calendar days referred to in section 551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60 calendar days, and the 5 cal- endar days referred to in section 551(f)(4)(A) of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days. If either House of Congress disapproves the amendment under those procedures, the amendment does not take effect.’’ Subsec. (h)(3). Pub. L. 110–140, § 104(b)(1), added par. (3). Subsec. (k). Pub. L. 110–140, § 102(b), added subsec. (k). 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. CONTINUED APPLICABILITY OF EXISTING STANDARDS Pub. L. 110–140, title I, § 106, Dec. 19, 2007, 121 Stat. 1504, provided that: ‘‘Nothing in this subtitle [subtitle A (§§ 101–113) of title I of Pub. L. 110–140, see Short Title of 2007 Amendment note set out under section 30101 of this title], or the amendments made by this subtitle, shall be construed to affect the application of section 32902 of title 49, United States Code, to passenger auto- mobiles or non-passenger automobiles manufactured before model year 2011.’’ NATIONAL ACADEMY OF SCIENCES STUDIES Pub. L. 110–140, title I, § 107, Dec. 19, 2007, 121 Stat. 1504, provided that: Page 963 TITLE 49—TRANSPORTATION § 32902 ‘‘(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act [Dec. 19, 2007], the Sec- retary of Transportation shall execute an agreement with the National Academy of Sciences to develop a re- port evaluating vehicle fuel economy standards, includ- ing— ‘‘(1) an assessment of automotive technologies and costs to reflect developments since the Academy’s 2002 report evaluating the corporate average fuel economy standards was conducted; ‘‘(2) an analysis of existing and potential tech- nologies that may be used practically to improve automobile and medium-duty and heavy-duty truck fuel economy; ‘‘(3) an analysis of how such technologies may be practically integrated into the automotive and me- dium-duty and heavy-duty truck manufacturing proc- ess; and ‘‘(4) an assessment of how such technologies may be used to meet the new fuel economy standards under chapter 329 of title 49, United States Code, as amend- ed by this subtitle [subtitle A (§§ 101–113) of title I of Pub. L. 110–140, see Short Title of 2007 Amendment note set out under section 30101 of this title]. ‘‘(b) REPORT.—The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with its findings and recommenda- tions not later than 5 years after the date on which the Secretary executes the agreement with the Academy. ‘‘(c) QUINQUENNIAL UPDATES.—After submitting the initial report, the Academy shall update the report at 5 year intervals thereafter through 2025.’’ Executive Documents THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 Memorandum of President of the United States, Jan. 26, 2009, 74 F.R. 4907, provided: Memorandum for the Secretary of Transportation [and] the Administrator of the National Highway Traf- fic Safety Administration In 2007, the Congress passed the Energy Independence and Security Act (EISA). This law mandates that, as part of the Nation’s efforts to achieve energy independ- ence, the Secretary of Transportation prescribe annual fuel economy increases for automobiles, beginning with model year 2011, resulting in a combined fuel economy fleet average of at least 35 miles per gallon by model year 2020. On May 2, 2008, the National Highway Traffic Safety Administration (NHTSA) published a Notice of Proposed Rulemaking entitled Average Fuel Economy Standards, Passenger Cars and Light Trucks; Model Years 2011–2015, 73 Fed. Reg. 24352. In the notice and comment period, the NHTSA received numerous comments, some of them contending that certain aspects of the proposed rule, including appendices providing for preemption of State laws, were inconsistent with provisions of EISA and the Supreme Court’s decision in Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007). Federal law requires that the final rule regarding fuel economy standards be adopted at least 18 months be- fore the beginning of the model year (49 U.S.C. 32902(g)(2)). In order for the model year 2011 standards to meet this requirement, the NHTSA must publish the final rule in the Federal Register by March 30, 2009. To date, the NHTSA has not published a final rule. Therefore, I request that: (a) in order to comply with the EISA requirement that fuel economy increases begin with model year 2011, you take all measures consistent with law, and in coordination with the Environmental Protection Agen- cy, to publish in the Federal Register by March 30, 2009, a final rule prescribing increased fuel economy for model year 2011; (b) before promulgating a final rule concerning model years after model year 2011, you consider the appro- priate legal factors under the EISA, the comments filed in response to the Notice of Proposed Rulemaking, the relevant technological and scientific considerations, and to the extent feasible, the forthcoming report by the National Academy of Sciences mandated under sec- tion 107 of EISA; and (c) in adopting the final rules in paragraphs (a) and (b) above, you consider whether any provisions regard- ing preemption are consistent with the EISA, the Su- preme Court’s decision in Massachusetts v. EPA and other relevant provisions of law and the policies under- lying them. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. The Secretary of Transportation is hereby authorized and directed to publish this memorandum in the Fed- eral Register. BARACK OBAMA. IMPROVING ENERGY SECURITY, AMERICAN COMPETITIVE- NESS AND JOB CREATION, AND ENVIRONMENTAL PROTEC- TION THROUGH A TRANSFORMATION OF OUR NATION’S FLEET OF CARS AND TRUCKS Memorandum of President of the United States, May 21, 2010, 75 F.R. 29399, provided: Memorandum for the Secretary of Transportation[,] the Secretary of Energy[,] the Administrator of the En- vironmental Protection Agency[, and] the Adminis- trator of the National Highway Traffic Safety Adminis- tration America has the opportunity to lead the world in the development of a new generation of clean cars and trucks through innovative technologies and manufac- turing that will spur economic growth and create high- quality domestic jobs, enhance our energy security, and improve our environment. We already have made significant strides toward reducing greenhouse gas pol- lution and enhancing fuel efficiency from motor vehi- cles with the joint rulemaking issued by the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) on April 1, 2010, which regulates these attributes of passenger cars and light-duty trucks for model years 2012–2016. In this memorandum, I request that additional coordi- nated steps be taken to produce a new generation of clean vehicles. SECTION 1. Medium- and Heavy-Duty Trucks. While the Federal Government and many States have now created a harmonized framework for addressing the fuel economy of and greenhouse gas emissions from cars and light-duty trucks, medium- and heavy-duty trucks and buses continue to be a major source of fossil fuel consumption and greenhouse gas pollution. I there- fore request that the Administrators of the EPA and the NHTSA immediately begin work on a joint rule- making under the Clean Air Act (CAA) and the Energy Independence and Security Act of 2007 (EISA) to estab- lish fuel efficiency and greenhouse gas emissions stand- ards for commercial medium- and heavy-duty vehicles beginning with model year 2014, with the aim of issuing a final rule by July 30, 2011. As part of this rule devel- opment process, I request that the Administrators of the EPA and the NHTSA: (a) Propose and take comment on strategies, includ- ing those designed to increase the use of existing tech- nologies, to achieve substantial annual progress in re- ducing transportation sector emissions and fossil fuel consumption consistent with my Administration’s overall energy and climate security goals. These strat- egies should consider whether particular segments of the diverse heavy-duty vehicle sector present special opportunities to reduce greenhouse gas emissions and increase fuel economy. For example, preliminary esti- mates indicate that large tractor trailers, representing half of all greenhouse gas emissions from this sector, can reduce greenhouse gas emissions by as much as 20 Page 964 TITLE 49—TRANSPORTATION § 32903 1 So in original. Probably should be followed by a comma. percent and increase their fuel efficiency by as much as 25 percent with the use of existing technologies; (b) Include fuel efficiency and greenhouse gas emis- sions standards that take into account the market structure of the trucking industry and the unique de- mands of heavy-duty vehicle applications; seek harmo- nization with applicable State standards; consider the findings and recommendations published in the Na- tional Academy of Science report on medium- and heavy-duty truck regulation; strengthen the industry and enhance job creation in the United States; and (c) Seek input from all stakeholders, while recog- nizing the continued leadership role of California and other States. SEC. 2. Passenger Cars and Light-Duty Trucks. Building on the earlier joint rulemaking, and in order to provide greater certainty and incentives for long- term innovation by automobile and light-duty vehicle manufacturers, I request that the Administrators of the EPA and the NHTSA develop, through notice and comment rulemaking, a coordinated national program under the CAA and the EISA to improve fuel efficiency and to reduce greenhouse gas emissions of passenger cars and light-duty trucks of model years 2017–2025. The national program should seek to produce joint Federal standards that are harmonized with applicable State standards, with the goal of ensuring that automobile manufacturers will be able to build a single, light-duty national fleet. The program should also seek to achieve substantial annual progress in reducing transportation sector greenhouse gas emissions and fossil fuel con- sumption, consistent with my Administration’s overall energy and climate security goals, through the in- creased domestic production and use of existing, ad- vanced, and emerging technologies, and should strengthen the industry and enhance job creation in the United States. As part of implementing the na- tional program, I request that the Administrators of the EPA and the NHTSA: (a) Work with the State of California to develop by September 1, 2010, a technical assessment to inform the rulemaking process, reflecting input from an array of stakeholders on relevant factors, including viable tech- nologies, costs, benefits, lead time to develop and de- ploy new and emerging technologies, incentives and other flexibilities to encourage development and de- ployment of new and emerging technologies, impacts on jobs and the automotive manufacturing base in the United States, and infrastructure for advanced vehicle technologies; and (b) Take all measures consistent with law to issue by September 30, 2010, a Notice of Intent to Issue a Pro- posed Rule that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles of model year 2017 and beyond, including plans for initiating joint rulemaking and gathering any additional information needed to support regulatory action. The Notice should describe the key elements of the program that the EPA and the NHTSA intend jointly to propose, under their respective statu- tory authorities, including potential standards that could be practicably implemented nationally for the 2017–2025 model years and a schedule for setting those standards as expeditiously as possible, consistent with providing sufficient lead time to vehicle manufactur- ers. SEC. 3. Cleaner Vehicles and Fuels and Necessary Infra- structure. The success of our efforts to achieve enhanced energy security and to protect the environment also depends upon the development of infrastructure and promotion of fuels, including biofuels, which will enable the devel- opment and widespread deployment of advanced tech- nologies. Therefore, I further request that: (a) The Administrator of the EPA review for ade- quacy the current nongreenhouse gas emissions regula- tions for new motor vehicles, new motor vehicle en- gines, and motor vehicle fuels, including tailpipe emis- sions standards for nitrogen oxides and air toxics, and sulfur standards for gasoline. If the Administrator of the EPA finds that new emissions regulations are re- quired, then I request that the Administrator of the EPA promulgate such regulations as part of a com- prehensive approach toward regulating motor vehicles; and [sic] (b) The Secretary of Energy promote the deployment of advanced technology vehicles by providing technical assistance to cities preparing for deployment of elec- tric vehicles, including plug-in hybrids and all-electric vehicles; and (c) The Department of Energy work with stake- holders on the development of voluntary standards to facilitate the robust deployment of advanced vehicle technologies and coordinate its efforts with the Depart- ment of Transportation, the NHTSA, and the EPA. SEC. 4. General Provisions. (a) This memorandum shall be implemented con- sistent with applicable law, including international trade obligations, and subject to the availability of ap- propriations. (b) 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. (c) Nothing in this memorandum shall be construed to impair or otherwise affect: (1) authority granted by law to a department, agency, or the head thereof; or (2) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. SEC. 5. Publication. The Secretary of Transportation is hereby authorized and directed to publish this memorandum in the Fed- eral Register. BARACK OBAMA. § 32903. Credits for exceeding average fuel econ- omy standards (a) EARNING AND PERIOD FOR APPLYING CRED- ITS.—When the average fuel economy of pas- senger automobiles manufactured by a manufac- turer in a particular model year exceeds an ap- plicable average fuel economy standard under subsections (a) through (d) of section 32902 (de- termined by the Secretary of Transportation without regard to credits under this section), the manufacturer earns credits. The credits may be applied to— (1) any of the 3 consecutive model years im- mediately before the model year for which the credits are earned; and (2) to the extent not used under paragraph (1) 1 any of the 5 consecutive model years im- mediately after the model year for which the credits are earned. (b) PERIOD OF AVAILABILITY AND PLAN FOR FU- TURE CREDITS.—(1) Except as provided in para- graph (2) of this subsection, credits under this section are available to a manufacturer at the end of the model year in which earned. (2)(A) Before the end of a model year, if a man- ufacturer has reason to believe that its average fuel economy for passenger automobiles will be less than the applicable standard for that model year, the manufacturer may submit a plan to the Secretary of Transportation demonstrating that the manufacturer will earn sufficient cred- its under this section within the next 3 model years to allow the manufacturer to meet that