49 U.S.C. § 32902 : US Code - Section 32902: Average fuel economy standards

Search 49 U.S.C. § 32902 : US Code - Section 32902: Average fuel economy standards

(a) Non-Passenger Automobiles. - At least 18 months before the
beginning of each model year, the Secretary of Transportation shall
prescribe by regulation average fuel economy standards for
automobiles (except passenger automobiles) manufactured 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. The Secretary may
prescribe separate standards for different classes of automobiles.
(b) Passenger Automobiles. - 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.
(c) Amending Passenger Automobile Standards. - (1) Subject to
paragraph (2) of this subsection, 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. However, any interested person may make an oral
presentation and a transcript shall be taken of that presentation.
(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) 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 section. 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 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) Emergency Vehicles. - (1) In this subsection, "emergency
vehicle" means an automobile manufactured primarily for use -
(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) Considerations on Decisions on Maximum Feasible Average Fuel
Economy. - When deciding maximum feasible average fuel economy
under this section, the Secretary of Transportation 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 prescribe 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 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) 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;
and
(2) shall consider dual fueled automobiles to be operated only
on gasoline or diesel fuel.
(i) Consultation. - The Secretary of Transportation shall consult
with the Secretary of Energy in carrying out this section and
section 32903 of this title.
(j) Secretary of Energy Comments. - (1) Before issuing a notice
proposing to prescribe or amend an average fuel economy standard
under subsection (a), (c), or (g) of this section, the Secretary of
Transportation shall give the Secretary of Energy at least 10 days
from the receipt of the notice during which the Secretary of Energy
may, if the Secretary of Energy concludes that the proposed
standard would adversely affect the conservation goals of the
Secretary of Energy, provide written comments to the Secretary of
Transportation about the impact of the standard on those goals. To
the extent the Secretary of Transportation does not revise a
proposed standard to take into account comments of the Secretary of
Energy on any adverse 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 section, the Secretary of Transportation
shall notify the Secretary of Energy and provide the Secretary of
Energy a reasonable time to comment.