49 U.S.C. § 32908 : US Code - Section 32908: Fuel economy information

Search 49 U.S.C. § 32908 : US Code - Section 32908: Fuel economy information

(a) Definitions. - In this section -
(1) "automobile" includes an automobile rated at not more than
8,500 pounds gross vehicle 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 located 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 dealer buying as a
dealer) that buys the automobile in good faith other than for
resale.
(b) Labeling Requirements and Contents. - (1) Under regulations
of the Administrator of the Environmental Protection Agency, a
manufacturer of automobiles shall attach a label to a prominent
place on each automobile manufactured in a model year. The dealer
shall maintain the label on the automobile. The label shall contain
the following information:
(A) the fuel economy of the automobile.
(B) the estimated annual fuel cost of operating 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 comparison of fuel economy of other
automobiles manufactured by all manufacturers in that model year.
(E) the amount of the automobile fuel efficiency tax imposed on
the sale of the automobile under section 4064 of the Internal
Revenue Code of 1986 (26 U.S.C. 4064).
(F) other information required or authorized by the
Administrator that is related to the information required by
clauses (A)-(D) of this paragraph.
(2) The Administrator may allow a manufacturer to comply with
this subsection by -
(A) disclosing the information on the label required under
section 3 of the Automobile Information 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 subsection is the fuel economy for those automobiles 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 automobile 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 consumer that the
additional information required 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 referred to in subsection (b)(1)(D) of
this section. The booklet -
(A) shall be simple and readily understandable;
(B) shall contain information on fuel economy and estimated
annual fuel costs of operating automobiles manufactured in each
model year; and
(C) may contain information on geographical or other
differences in estimated annual fuel costs.
(2)(A) For dual fueled automobiles manufactured after model year
1992, the booklet published under paragraph (1) shall contain
additional information on -
(i) the energy efficiency and cost of operation of those
automobiles when operated on gasoline or diesel fuel as compared
to those automobiles when operated on alternative fuel; and
(ii) the driving range of those automobiles when operated on
gasoline or diesel fuel as compared to those automobiles when
operated on alternative fuel.
(B) For dual fueled automobiles, the booklet published under
paragraph (1) also shall contain -
(i) information on the miles a gallon achieved by the
automobiles when operated on alternative fuel; and
(ii) a statement explaining how the information made available
under this paragraph can be expected to change when the
automobile is operated on mixtures of alternative fuel and
gasoline or diesel fuel.
(3) The Secretary of Energy shall publish and distribute the
booklet. The Administrator shall prescribe regulations requiring
dealers to make the booklet available to prospective buyers.
(d) Disclosure. - A disclosure about fuel economy or estimated
annual fuel costs under this section does not establish a warranty
under a law of the United States or a State.
(e) Violations. - A violation of subsection (b) of this section
is -
(1) a violation of section 3 of the Automobile Information
Disclosure Act (15 U.S.C. 1232); and
(2) an unfair or deceptive act or practice in or affecting
commerce under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), except sections 5(m) and 18 (15 U.S.C. 45(m), 57a).
(f) Consultation. - The Administrator shall consult with the
Federal Trade Commission and the Secretaries of Transportation and
Energy in carrying out this section.