49 U.S.C. § 32907 — Reports and tests of manufacturers

Page 971 TITLE 49—TRANSPORTATION § 32907 Subsec. (h). Pub. L. 109–58, § 759, added subsec. (h). 1996—Subsec. (g). Pub. L. 104–287 substituted ‘‘Com- mittee on Commerce’’ for ‘‘Committee on Energy and Commerce’’. 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. § 32906. Maximum fuel economy increase for al- ternative fuel automobiles (a) IN GENERAL.—For each of model years 1993 through 2019 for each category of automobile (except an electric automobile or, beginning with model year 2016, an alternative fueled auto- mobile that uses a fuel described in subpara- graph (E) of section 32901(a)(1)), the maximum increase in average fuel economy for a manufac- turer attributable to dual fueled automobiles is— (1) 1.2 miles a gallon for each of model years 1993 through 2014; (2) 1.0 miles per gallon for model year 2015; (3) 0.8 miles per gallon for model year 2016; (4) 0.6 miles per gallon for model year 2017; (5) 0.4 miles per gallon for model year 2018; (6) 0.2 miles per gallon for model year 2019; and (7) 0 miles per gallon for model years after 2019. (b) CALCULATION.—In applying subsection (a), the Administrator of the Environmental Protec- tion Agency shall determine the increase in a manufacturer’s average fuel economy attrib- utable to dual fueled automobiles by subtracting from the manufacturer’s average fuel economy calculated under section 32905(f) the number equal to what the manufacturer’s average fuel economy would be if it were calculated by the formula under section 32904(a)(1) by including as the denominator for each model of dual fueled automobiles the fuel economy when the auto- mobiles are operated on gasoline or diesel fuel. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1067; Pub. L. 109–58, title VII, § 772(b), Aug. 8, 2005, 119 Stat. 834; Pub. L. 110–140, title I, § 109(a), Dec. 19, 2007, 121 Stat. 1505; Pub. L. 113–291, div. A, title III, § 318(a), (d), Dec. 19, 2014, 128 Stat. 3341, 3342.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32906(a) ...... 15:2013(g)(1). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 513(g)(1), (2)(A); added Oct. 14, 1988, Pub. L. 100–494, § 6(a), 102 Stat. 2449; Oct. 24, 1992, Pub. L. 102–486, § 403(5) (G)(i), (ii)(I), 106 Stat. 2877. 32906(b) ...... 15:2013(g)(2)(A). Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–291, § 318(a), substituted ‘‘(except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that uses a fuel described in subparagraph (E) of section 32901(a)(1))’’ for ‘‘(except an electric automobile)’’ in in- troductory provisions. Subsec. (b). Pub. L. 113–291, § 318(d), substituted ‘‘sec- tion 32905(f)’’ for ‘‘section 32905(e)’’. 2007—Pub. L. 110–140 amended section generally, sub- stituting provisions relating to maximum increase in average fuel economy for each of model years 1993 through 2019 and calculation of each such increase for provisions relating to maximum increase for each of model years 1993 through 2010 and authorizing offsets if the Secretary of Transportation reduced the average fuel economy standard for passenger automobiles for any model year below 27.5 miles per gallon. 2005—Subsec. (a)(1)(A). Pub. L. 109–58, § 772(b)(1), sub- stituted ‘‘model years 1993–2010’’ for ‘‘the model years 1993–2004’’. Subsec. (a)(1)(B). Pub. L. 109–58, § 772(b)(2), substituted ‘‘model years 2011–2014’’ for ‘‘the model years 2005–2008’’. 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. § 32907. Reports and tests of manufacturers (a) MANUFACTURER REPORTS.—(1) A manufac- turer shall report to the Secretary of Transpor- tation on— (A) whether the manufacturer will comply with an applicable average fuel economy standard under section 32902 of this title for the model year for which the report is made; (B) the actions the manufacturer has taken or intends to take to comply with the stand- ard; and (C) other information the Secretary requires by regulation. (2) A manufacturer shall submit a report under paragraph (1) of this subsection during the 30 days— (A) before the beginning of each model year; and (B) beginning on the 180th day of the model year. (3) When a manufacturer decides that actions reported under paragraph (1)(B) of this sub- section are not sufficient to ensure compliance with that standard, the manufacturer shall re- port to the Secretary additional actions the manufacturer intends to take to comply with the standard and include a statement about whether those actions are sufficient to ensure compliance. (4) This subsection does not apply to a manu- facturer for a model year for which the manu- facturer is subject to an alternative average fuel economy standard under section 32902(d) of this title. (b) RECORDS, REPORTS, TESTS, INFORMATION, AND INSPECTION.—(1) Under regulations pre- scribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter, a manufacturer shall keep records, make reports, conduct tests, and pro- vide items and information. On request and dis- play of proper credentials, an officer or em- ployee designated by the Secretary or Adminis- trator may inspect automobiles and records of Page 972 TITLE 49—TRANSPORTATION § 32908 the manufacturer. An inspection shall be made at a reasonable time and in a reasonable way. (2) The district courts of the United States may— (A) issue an order enforcing a requirement or request under paragraph (1) of this sub- section; and (B) punish a failure to obey the order as a contempt of court. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1067.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32907(a) ...... 15:2005(a)(1)–(3). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 505(a)(1)–(3), (c); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 908, 909. 15:2005(a)(4). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 505(a)(4); added Oct. 10, 1980, Pub. L. 96–425, § 3(b), 94 Stat. 1822. 32907(b) ...... 15:2005(c). In subsection (a)(1), before clause (A), the words ‘‘shall report to the Secretary of Transportation on’’ are substituted for ‘‘shall submit a report to the Sec- retary . . . Each such report shall contain (A) a state- ment as to’’ to eliminate unnecessary words. In clause (B), the words ‘‘the actions’’ are substituted for ‘‘a plan which describes the steps’’ to eliminate unnecessary words. In subsection (a)(2)(A), the words ‘‘after model year 1977’’ are omitted as obsolete. In subsection (a)(3), the words ‘‘actions reported . . . are not sufficient to ensure compliance with that standard’’ are substituted for ‘‘a plan submitted . . . which he stated was sufficient to insure compliance with applicable average fuel economy standards is not sufficient to insure such compliance’’ to eliminate un- necessary words and for consistency in the section. The words ‘‘additional actions’’ are substituted for ‘‘a re- vised plan which specifies any additional measures’’ for consistency in the section. The text of 15:2005(a)(3) is omitted as surplus because of 49:322(a). In subsection (b)(1), the words ‘‘Under regulations prescribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter’’ are substituted for ‘‘as the Secretary or the EPA Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this subchapter and under any rules prescribed pursuant to this subchapter’’ to eliminate unnecessary words, for consistency in the re- vised title, and because ‘‘rules’’ and ‘‘regulations’’ are synonymous. The words ‘‘establish and’’ are omitted as surplus. The 2d sentence is substituted for 15:2005(c) (2d sentence) to eliminate unnecessary words and for con- sistency. The text of 15:2005(c)(1) (last sentence) is omitted as surplus because of section 32910(d) of the re- vised title and 49:322(a). Subsection (b)(2)(A) is substituted for ‘‘if a manufac- turer refuses to accede to any rule or reasonable re- quest made under paragraph (1), issue an order requir- ing compliance with such requirement or request’’ to eliminate unnecessary words. Subsection (b)(2)(B) is substituted for 15:2005(c) (last sentence) to eliminate unnecessary words. § 32908. Fuel economy information (a) DEFINITIONS.—In this section— (1) ‘‘automobile’’ includes an automobile rated at not more than 8,500 pounds gross vehi- cle weight regardless of whether the Secretary of Transportation has applied this chapter to the automobile under section 32901(a)(3)(B) of this title. (2) ‘‘dealer’’ means a person residing or lo- cated in a State, the District of Columbia, or a territory or possession of the United States, and engaged in the sale or distribution of new automobiles to the first person (except a deal- er buying as a dealer) that buys the auto- mobile in good faith other than for resale. (b) LABELING REQUIREMENTS AND CONTENTS.— (1) Under regulations of the Administrator of the Environmental Protection Agency, a manu- facturer of automobiles shall attach a label to a prominent place on each automobile manufac- tured in a model year. The dealer shall maintain the label on the automobile. The label shall con- tain the following information: (A) the fuel economy of the automobile. (B) the estimated annual fuel cost of oper- ating the automobile. (C) the range of fuel economy of comparable automobiles of all manufacturers. (D) a statement that a booklet is available from the dealer to assist in making a compari- son of fuel economy of other automobiles man- ufactured by all manufacturers in that model year. (E) the amount of the automobile fuel effi- ciency tax imposed on the sale of the auto- mobile under section 4064 of the Internal Rev- enue Code of 1986 (26 U.S.C. 4064). (F) other information required or authorized by the Administrator that is related to the in- formation required by clauses (A)–(D) of this paragraph. (2) The Administrator may allow a manufac- turer to comply with this subsection by— (A) disclosing the information on the label required under section 3 of the Automobile In- formation Disclosure Act (15 U.S.C. 1232); and (B) including the statement required by paragraph (1)(E) of this subsection at a time and in a way that takes into account special circumstances or characteristics. (3) For dedicated automobiles manufactured after model year 1992, the fuel economy of those automobiles under paragraph (1)(A) of this sub- section is the fuel economy for those auto- mobiles when operated on alternative fuel, measured under section 32905(a) or (c) of this title, multiplied by .15. Each label required under paragraph (1) of this subsection for dual fueled automobiles shall— (A) indicate the fuel economy of the auto- mobile when operated on gasoline or diesel fuel; (B) clearly identify the automobile as a dual fueled automobile; (C) clearly identify the fuels on which the automobile may be operated; and (D) contain a statement informing the con- sumer that the additional information re- quired by subsection (c)(2) of this section is published and distributed by the Secretary of Energy. (c) FUEL ECONOMY INFORMATION BOOKLET.—(1) The Administrator shall prepare the booklet re- ferred to in subsection (b)(1)(D) of this section. The booklet— (A) shall be simple and readily understand- able;