US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC32902]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1059.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
32902(a)..............................  15:2002(b).                      Oct. 20, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, Sec.  502(a)(1), (3)-(c), (e)
                                                                          (1st sentence), (f), (h); added Dec.
                                                                          22, 1975, Pub. L. 94-163, Sec.  301,
                                                                          89 Stat. 902, 903, 905; Oct. 10, 1980,
                                                                          Pub. L. 96-425, Secs.  3(a)(1), 7,
                                                                          8(c), 94 Stat. 1821, 1828.
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, Pub. L. 100-562, Sec.
                                                                          2(f), 102 Stat. 2825.
                                        15:2002(c).
32902(e)..............................  15:2002(g).                      Oct. 20, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, Sec.  502(g); added Oct. 10,
                                                                          1980, Pub. L. 96-425, Sec.  7, 94
                                                                          Stat. 1828.
32902(f)..............................  15:2002(e) (1st sentence).
32902(g)..............................  15:2002(f).
32902(h)..............................  15:2002(e) (last sentence).      Oct. 20, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, Secs.  502(e) (last sentence),
                                                                          513(g)(2)(B); added Oct. 14, 1988,
                                                                          Pub. L. 100-494, Sec.  6(a), (c), 102
                                                                          Stat. 2450, 2452; Oct. 24, 1992, Pub.
                                                                          L. 102-486, Sec.  403(2),
                                                                          (5)(G)(ii)(II), (III), 106 Stat. 2876,
                                                                          2878.
                                        15:2013(g)(2)(B).
32902(i)..............................  15:2002(i) (1st sentence).       Oct. 20, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, Sec.  502(i), (j); added Aug. 4,
                                                                          1977, Pub. L. 95-91, Sec.  305, 91
                                                                          Stat. 580; Oct. 10, 1980, Pub. L. 96-
                                                                          425, Sec.  7, 94 Stat. 1828.
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.