§32902. Average fuel economy standards
(a)
(b)
(c)
(2) 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 Congress. The procedures of section 551 of the Energy Policy 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 calendar 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.
(d)
(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 passenger automobiles manufactured by the exempted manufacturer that the Secretary decides is the maximum feasible average fuel economy level for the manufacturers to which the alternative standard applies.
(2) An alternative average fuel economy standard the Secretary of Transportation prescribes under paragraph (1)(B) of this subsection may apply to an individually exempted manufacturer, to all automobiles to which this subsection applies, or to classes of passenger automobiles, as defined under regulations of the Secretary, manufactured by exempted manufacturers.
(3) Notwithstanding paragraph (1) of this subsection, 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 prescribe the contents of an application for an exemption.
(e)
(A) as an ambulance or combination ambulance-hearse;
(B) by the United States Government or a State or local government for law enforcement; 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 subsection (a), (b), (c), or (d) of this section. The election is made by providing written notice to the Secretary of Transportation and to the Administrator of the Environmental Protection Agency.
(f)
(g)
(2) When the Secretary of Transportation prescribes an amendment under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment (and submit the amendment to Congress when required under subsection (c)(2) of this section) at least 18 months before the beginning of the model year to which the amendment applies.
(h)
(1) may not consider the fuel economy of dedicated automobiles; and
(2) shall consider dual fueled automobiles to be operated only on gasoline or diesel fuel.
(i)
(j)
(2) Before taking final action on a standard or an exemption from a standard under this section, the Secretary of Transportation shall notify the Secretary of Energy and provide the Secretary of Energy a reasonable time to comment.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32902(a) | 15:2002(b). | Oct. 20, 1972,
|
| 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,
|
| 15:2002(c). | ||
| 32902(e) | 15:2002(g). | Oct. 20, 1972,
|
| 32902(f) | 15:2002(e) (1st sentence). | |
| 32902(g) | 15:2002(f). | |
| 32902(h) | 15:2002(e) (last sentence). | Oct. 20, 1972,
|
| 15:2013(g)(2)(B). | ||
| 32902(i) | 15:2002(i) (1st sentence). | Oct. 20, 1972,
|
| 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 prescribed" are omitted as surplus. The words "which begins 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 because 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 subsequent model year" to eliminate the expired limitation. The reference in 15:2002(h) to 15:2002(d) is omitted because 15:2002(d) is omitted from the revised title as executed. The words "as well as written" are omitted as surplus.
In subsection (c)(2), the words "If an amendment increases 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 "Except 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 requirements 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 consistency 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 substituted for "has the effect of making" to eliminate unnecessary 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 substituted for "unaccommodated comments" for clarity.
Section Referred to in Other Sections
This section is referred to in sections 32901, 32903, 32904, 32907, 32909, 32911, 32912, 32917 of this title.