49 U.S.C. § 32919 — Preemption

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.