49 U.S.C. § 32904 : US Code - Section 32904: Calculation of average fuel economy

Search 49 U.S.C. § 32904 : US Code - Section 32904: Calculation of average fuel economy

(a) Method of Calculation. - (1) The Administrator of the
Environmental Protection Agency shall calculate the average fuel
economy of a manufacturer subject to -
(A) section 32902(a) of this title in a way prescribed by the
Administrator; and
(B) section 32902(b)-(d) of this title by dividing -
(i) the number of passenger automobiles manufactured by the
manufacturer in a model year; by
(ii) the sum of the fractions obtained by dividing the number
of passenger automobiles of each model manufactured by the
manufacturer in that model year by the fuel economy measured
for that model.
(2)(A) In this paragraph, "electric vehicle" means a vehicle
powered primarily by an electric motor drawing electrical current
from a portable source.
(B) If a manufacturer manufactures an electric vehicle, the
Administrator shall include in the calculation of average fuel
economy under paragraph (1) of this subsection equivalent petroleum
based fuel economy values determined by the Secretary of Energy for
various classes of electric vehicles. The Secretary shall review
those values each year and determine and propose necessary
revisions based on the following factors:
(i) the approximate electrical energy efficiency of the
vehicle, considering the kind of vehicle and the mission and
weight of the vehicle.
(ii) the national average electrical generation and
transmission efficiencies.
(iii) the need of the United States to conserve all forms of
energy and the relative scarcity and value to the United States
of all fuel used to generate electricity.
(iv) the specific patterns of use of electric vehicles compared
to petroleum-fueled vehicles.
(b) Separate Calculations for Passenger Automobiles Manufactured
Domestically and Not Domestically. - (1)(A) Except as provided in
paragraphs (6) and (7) of this subsection, the Administrator shall
make separate calculations under subsection (a)(1)(B) of this
section for -
(i) passenger automobiles manufactured domestically by a
manufacturer (or included in this category under paragraph (5) of
this subsection); and
(ii) passenger automobiles not manufactured domestically by
that manufacturer (or excluded from this category under paragraph
(5) of this subsection).
(B) Passenger automobiles described in subparagraph (A)(i) and
(ii) of this paragraph are deemed to be manufactured by separate
manufacturers under this chapter.
(2) In this subsection (except as provided in paragraph (3)), a
passenger automobile is deemed to be manufactured domestically in a
model year if at least 75 percent of the cost to the manufacturer
is attributable to value added in the United States or Canada,
unless the assembly of the automobile is completed in Canada and
the automobile is imported into the United States more than 30 days
after the end of the model year.
(3)(A) In this subsection, a passenger automobile is deemed to be
manufactured domestically in a model year, as provided in
subparagraph (B) of this paragraph, if at least 75 percent of the
cost to the manufacturer is attributable to value added in the
United States, Canada, or Mexico, unless the assembly of the
automobile is completed in Canada or Mexico and the automobile is
imported into the United States more than 30 days after the end of
the model year.
(B) Subparagraph (A) of this paragraph applies to automobiles
manufactured by a manufacturer and sold in the United States,
regardless of the place of assembly, as follows:
(i) A manufacturer that began assembling automobiles in Mexico
before model year 1992 may elect, during the period from January
1, 1997, through January 1, 2004, to have subparagraph (A) of
this paragraph apply to all automobiles manufactured by that
manufacturer beginning with the model year that begins after the
date of the election.
(ii) For a manufacturer that began assembling automobiles in
Mexico after model year 1991, subparagraph (A) of this paragraph
applies to all automobiles manufactured by that manufacturer
beginning with the model year that begins after January 1, 1994,
or the model year beginning after the date the manufacturer
begins assembling automobiles in Mexico, whichever is later.
(iii) A manufacturer not described in clause (i) or (ii) of
this subparagraph that assembles automobiles in the United States
or Canada, but not in Mexico, may elect, during the period from
January 1, 1997, through January 1, 2004, to have subparagraph
(A) of this paragraph apply to all automobiles manufactured by
that manufacturer beginning with the model year that begins after
the date of the election. However, if the manufacturer begins
assembling automobiles in Mexico before making an election under
this subparagraph, this clause does not apply, and the
manufacturer is subject to clause (ii) of this subparagraph.
(iv) For a manufacturer that does not assemble automobiles in
the United States, Canada, or Mexico, subparagraph (A) of this
paragraph applies to all automobiles manufactured by that
manufacturer beginning with the model year that begins after
January 1, 1994.
(v) For a manufacturer described in clause (i) or (iii) of this
subparagraph that does not make an election within the specified
period, subparagraph (A) of this paragraph applies to all
automobiles manufactured by that manufacturer beginning with the
model year that begins after January 1, 2004.
(C) The Secretary of Transportation shall prescribe reasonable
procedures for elections under subparagraph (B) of this paragraph.
(4) In this subsection, the fuel economy of a passenger
automobile that is not manufactured domestically is deemed to be
equal to the average fuel economy of all passenger automobiles
manufactured by the same manufacturer that are not manufactured
domestically.
(5)(A) A manufacturer may submit to the Secretary of
Transportation for approval a plan, including supporting material,
stating the actions and the deadlines for taking the actions, that
will ensure that the model or models referred to in subparagraph
(B) of this paragraph will be manufactured domestically before the
end of the 4th model year covered by the plan. The Secretary
promptly shall consider and act on the plan. The Secretary shall
approve the plan unless -
(i) the Secretary finds that the plan is inadequate to meet the
requirements of this paragraph; or
(ii) the manufacturer previously has submitted a plan approved
by the Secretary under this paragraph.
(B) If the plan is approved, the Administrator shall include
under paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii) of
this subsection, for each of the 4 model years covered by the plan,
not more than 150,000 passenger automobiles manufactured by that
manufacturer but not qualifying as domestically manufactured if -
(i) the model or models involved previously have not been
manufactured domestically;
(ii) at least 50 percent of the cost to the manufacturer of
each of the automobiles is attributable to value added in the
United States or Canada;
(iii) the automobiles, if their assembly was completed in
Canada, are imported into the United States not later than 30
days after the end of the model year; and
(iv) the model or models are manufactured domestically before
the end of the 4th model year covered by the plan.
(6)(A) A manufacturer may file with the Secretary of
Transportation a petition for an exemption from the requirement of
separate calculations under paragraph (1)(A) of this subsection if
the manufacturer began automobile production or assembly in the
United States -
(i) after December 22, 1975, and before May 1, 1980; or
(ii) after April 30, 1980, if the manufacturer has engaged in
the production or assembly in the United States for at least one
model year ending before January 1, 1986.
(B) The Secretary of Transportation shall grant the exemption
unless the Secretary finds that the exemption would result in
reduced employment in the United States related to motor vehicle
manufacturing during the period of the exemption. An exemption
under this paragraph is effective for 5 model years or, if
requested by the manufacturer, a longer period provided by the
Secretary in the order granting the exemption. The exemption
applies to passenger automobiles manufactured by that manufacturer
during the period of the exemption.
(C) Before granting an exemption, the Secretary of Transportation
shall provide notice of, and reasonable opportunity for, written or
oral comment about the petition. The period for comment shall end
not later than 60 days after the petition is filed, except that the
Secretary may extend the period for not more than another 30 days.
The Secretary shall decide whether to grant or deny the exemption,
and publish notice of the decision in the Federal Register, not
later than 90 days after the petition is filed, except that the
Secretary may extend the time for decision to a later date (not
later than 150 days after the petition is filed) if the Secretary
publishes notice of, and reasons for, the extension in the Federal
Register. If the Secretary does not make a decision within the time
provided in this subparagraph, the petition is deemed to have been
granted. Not later than 30 days after the end of the decision
period, the Secretary shall submit a written statement of the
reasons for not making a decision to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Commerce of the House of Representatives.
(7)(A) A person adversely affected by a decision of the Secretary
of Transportation granting or denying an exemption may file, not
later than 30 days after publication of the notice of the decision,
a petition for review in the United States Court of Appeals for the
District of Columbia Circuit. That court has exclusive jurisdiction
to review the decision and to affirm, remand, or set aside the
decision under section 706(2)(A)-(D) of title 5.
(B) A judgment of the court under this subparagraph may be
reviewed by the Supreme Court under section 1254 of title 28.
Application for review by the Supreme Court must be made not later
than 30 days after entry of the court's judgment.
(C) A decision of the Secretary of Transportation on a petition
for an exemption under this paragraph may be reviewed
administratively or judicially only as provided in this paragraph.
(8) Notwithstanding section 32903 of this title, during a model
year when an exemption under this paragraph is effective for a
manufacturer -
(A) credit may not be earned under section 32903(a) of this
title by the manufacturer; and
(B) credit may not be made available under section 32903(b)(2)
of this title for the manufacturer.
(c) Testing and Calculation Procedures. - The Administrator shall
measure fuel economy for each model and calculate average fuel
economy for a manufacturer under testing and calculation procedures
prescribed by the Administrator. However, except under section
32908 of this title, the Administrator shall use the same
procedures for passenger automobiles the Administrator used for
model year 1975 (weighted 55 percent urban cycle and 45 percent
highway cycle), or procedures that give comparable results. A
measurement of fuel economy or a calculation of average fuel
economy (except under section 32908) shall be rounded off to the
nearest .1 of a mile a gallon. The Administrator shall decide on
the quantity of other fuel that is equivalent to one gallon of
gasoline. To the extent practicable, fuel economy tests shall be
carried out with emissions tests under section 206 of the Clean Air
Act (42 U.S.C. 7525).
(d) Effective Date of Procedure or Amendment. - The Administrator
shall prescribe a procedure under this section, or an amendment
(except a technical or clerical amendment) in a procedure, at least
12 months before the beginning of the model year to which the
procedure or amendment applies.
(e) Reports and Consultation. - The Administrator shall report
measurements and calculations under this section to the Secretary
of Transportation and shall consult and coordinate with the
Secretary in carrying out this section.