Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "49 U.S.C. § 32903"
description: "Credits for exceeding average fuel economy standards"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "329"
chapter_name: "AUTOMOBILE FUEL ECONOMY"
section: "32903"
citation: "49 U.S.C. § 32903"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s32903"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 32903 - Credits for exceeding average fuel economy standards
## Text
(a) Earning and Period for Applying Credits.— When the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable average fuel economy standard under subsections (a) through (d) of section 32902 (determined by the Secretary of Transportation without regard to credits under this section), the manufacturer earns credits. The credits may be applied to—
(1) any of the 3 consecutive model years immediately before the model year for which the credits are earned; and
(2) to the extent not used under paragraph (1) 11 So in original. Probably should be followed by a comma. any of the 5 consecutive model years immediately after the model year for which the credits are earned.
(b) Period of Availability and Plan for Future Credits.— (1) Except as provided in paragraph (2) of this subsection, credits under this section are available to a manufacturer at the end of the model year in which earned.
(2) (A) Before the end of a model year, if a manufacturer has reason to believe that its average fuel economy for passenger automobiles will be less than the applicable standard for that model year, the manufacturer may submit a plan to the Secretary of Transportation demonstrating that the manufacturer will earn sufficient credits under this section within the next 3 model years to allow the manufacturer to meet that standard for the model year involved. Unless the Secretary finds that the manufacturer is unlikely to earn sufficient credits under the plan, the Secretary shall approve the plan. Those credits are available for the model year involved if—
(i) the Secretary approves the plan; and
(ii) the manufacturer earns those credits as provided by the plan.
(B) If the average fuel economy of a manufacturer is less than the applicable standard under subsections (a) through (d) of section 32902 after applying credits under subsection (a)(1) of this section, the Secretary of Transportation shall notify the manufacturer and give the manufacturer a reasonable time (of at least 60 days) to submit a plan.
(c) Determining Number of Credits.— The number of credits a manufacturer earns under this section equals the product of—
(1) the number of tenths of a mile a gallon by which the average fuel economy of the passenger automobiles manufactured by the manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard under subsections (a) through (d) of section 32902; times
(2) the number of passenger automobiles manufactured by the manufacturer during that model year.
(d) Applying Credits for Passenger Automobiles.— The Secretary of Transportation shall apply credits to a model year on the basis of the number of tenths of a mile a gallon by which the manufacturer involved was below the applicable average fuel economy standard for that model year and the number of passenger automobiles manufactured that model year by the manufacturer. Credits applied to a model year are no longer available for another model year. Before applying credits, the Secretary shall give the manufacturer written notice and reasonable opportunity to comment.
(e) Applying Credits for Non-Passenger Automobiles.— Credits for a manufacturer of automobiles that are not passenger automobiles are earned and applied to a model year in which the average fuel economy of that class of automobiles is below the applicable average fuel economy standard under section 32902(a) of this title, to the same extent and in the same way as provided in this section for passenger automobiles.
(f) Credit Trading Among Manufacturers.— (1) In general.— The Secretary of Transportation may establish, by regulation, a fuel economy credit trading program to allow manufacturers whose automobiles exceed the average fuel economy standards prescribed under section 32902 to earn credits to be sold to manufacturers whose automobiles fail to achieve the prescribed standards such that the total oil savings associated with manufacturers that exceed the prescribed standards are preserved when trading credits to manufacturers that fail to achieve the prescribed standards.
(2) Limitation.— The trading of credits by a manufacturer to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of such automobiles shall comply with the requirements of section 32902(b)(4), without regard to any trading of credits from other manufacturers.
(g) Credit Transferring Within a Manufacturers Fleet.— (1) In general.— The Secretary of Transportation shall establish by regulation a fuel economy credit transferring program to allow any manufacturer whose automobiles exceed any of the average fuel economy standards prescribed under section 32902 to transfer the credits earned under this section and to apply such credits within that manufacturers fleet to a compliance category of automobiles that fails to achieve the prescribed standards.
(2) Years for which used.— Credits transferred under this subsection are available to be used in the same model years that the manufacturer could have applied such credits under subsections (a), (b), (d), and (e), as well as for the model year in which the manufacturer earned such credits.
(3) Maximum increase.— The maximum increase in any compliance category attributable to transferred credits is—
(A) for model years 2011 through 2013, 1.0 mile per gallon;
(B) for model years 2014 through 2017, 1.5 miles per gallon; and
(C) for model year 2018 and subsequent model years, 2.0 miles per gallon.
(4) Limitation.— The transfer of credits by a manufacturer to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of such automobiles shall comply with the requirements under section 32904(b)(4), without regard to any transfer of credits from other categories of automobiles described in paragraph (6)(B).
(5) Years available.— A credit may be transferred under this subsection only if it is earned after model year 2010.
(6) Definitions.— In this subsection:
(A) Fleet.— The term “fleet” means all automobiles manufactured by a manufacturer in a particular model year.
(B) Compliance category of automobiles.— The term “compliance category of automobiles” means any of the following 3 categories of automobiles for which compliance is separately calculated under this chapter:
(i) Passenger automobiles manufactured domestically.
(ii) Passenger automobiles not manufactured domestically.
(iii) Non-passenger automobiles.
(h) Refund of Collected Penalty.— When a civil penalty has been collected under this chapter from a manufacturer that has earned credits under this section, the Secretary of the Treasury shall refund to the manufacturer the amount of the penalty to the extent the penalty is attributable to credits available under this section.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1061; Pub. L. 110140, title I, § 104(a), Dec. 19, 2007, 121 Stat. 1501.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32903(a)15:2002(l)(1)(B), (4).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 502(l); added Oct. 10, 1980, Pub. L. 96425, § 6(b), 94 Stat. 1826. 32903(b)(1)15:2002(l)(1)(A). 32903(b)(2)15:2002(l)(1)(C). 32903(c)15:2002(l)(1)(D). 32903(d)15:2002(l)(1)(E). 32903(e)15:2002(l)(2). 32903(f)15:2002(l)(3). In this section, various forms of the words “apply credits” are substituted for various forms of “credits are available to be taken into account” to be more concise and to make more clear the distinction between when credits are available and to what years they may be applied. In subsection (a), before clause (1), the text of 15:2002(l)(4) is omitted as surplus because of 49:322(a). The words “any adjustment under subsection (d) of this section” are omitted because 15:2002(d) is omitted from the revised title as executed. The words “calculated under subparagraph (C)” (which apparently should be “calculated under subparagraph (D)”) are omitted as surplus. In clauses (1) and (2), the words “with respect to the average fuel economy of that manufacturer” are omitted as surplus. The words “year for which the credits are earned” are substituted for “year in which such manufacturer exceeds such applicable average fuel economy standard” to eliminate unnecessary words. Subsection (b)(1) is substituted for 15:2002(l)(1)(A) to eliminate unnecessary words. In subsection (b)(2)(A) is substituted for 15:2002(l)(1)(C)(i)(iii) to eliminate unnecessary words. In subsection (e), the words “as provided in this section for passenger automobiles” are substituted for “as provided for under paragraph (1)” for clarity. The text of 15:2002(l)(2) (last sentence) is omitted as expired.
Editorial Notes
Amendments2007—Subsec. (a). Pub. L. 110140, § 104(a)(1), substituted “subsections (a) through (d) of section 32902” for “section 32902(b)(d) of this title” in introductory provisions. Subsec. (a)(2). Pub. L. 110140, § 104(a)(2), substituted “paragraph (1)” for “clause (1) of this subsection,” and “5 consecutive” for “3 consecutive”. Subsecs. (b)(2)(B), (c)(1). Pub. L. 110140, § 104(a)(1), substituted “subsections (a) through (d) of section 32902” for “section 32902(b)(d) of this title”. Subsecs. (f) to (h). Pub. L. 110140, § 104(a)(3), (4), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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---
type: "LegalText"
title: "49 U.S.C. § 32905"
description: "Manufacturing incentives for alternative fuel automobiles"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "329"
chapter_name: "AUTOMOBILE FUEL ECONOMY"
section: "32905"
citation: "49 U.S.C. § 32905"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 32905 - Manufacturing incentives for alternative fuel automobiles
## Text
(a) Dedicated Automobiles.— Except as provided in subsection (c) of this section or section 32904(a)(2) of this title, for any model of dedicated automobile manufactured by a manufacturer after model year 1992, the fuel economy measured for that model shall be based on the fuel content of the alternative fuel used to operate the automobile. A gallon of a liquid alternative fuel used to operate a dedicated automobile is deemed to contain .15 gallon of fuel.
(b) Dual Fueled Automobiles.— Except as provided in subsection (d) of this section or section 32904(a)(2) of this title, for any model of dual fueled automobile manufactured by a manufacturer in model years 1993 through 2019, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum of—
(1) .5 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy—
(A) measured under subsection (a) when operating the model on alternative fuel; or
(B) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel.
(c) Gaseous Fuel Dedicated Automobiles.— For any model of gaseous fuel dedicated automobile manufactured by a manufacturer after model year 1992, the Administrator shall measure the fuel economy for that model based on the fuel content of the gaseous fuel used to operate the automobile. One hundred cubic feet of natural gas is deemed to contain .823 gallon equivalent of natural gas. The Secretary of Transportation shall determine the appropriate gallon equivalent of other gaseous fuels. A gallon equivalent of gaseous fuel is deemed to have a fuel content of .15 gallon of fuel.
(d) Gaseous Fuel Dual Fueled Automobiles.— For any model of gaseous fuel dual fueled automobile manufactured by a manufacturer in model years 1993 through 2019, the Administrator shall measure the fuel economy for that model by dividing 1.0 by the sum of—
(1) .5 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy measured under subsection (c) of this section when operating the model on gaseous fuel.
(e) Electric Dual Fueled Automobiles.— (1) In general.— At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of—
(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the models alternative fuel range, divided by the fuel economy measured under section 32904(c); and
(B) the percentage utilization of the model on electricity, as determined by a formula based on the models alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).
(2) Alternative calculation.— If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).
(f) Fuel Economy Calculations.— The Administrator shall calculate the manufacturers average fuel economy under section 32904(a)(1) of this title for each model described under subsections (a)(d) of this section by using as the denominator the fuel economy measured for each model under subsections (a)(d).
(g) Fuel Economy Incentive Requirements.— In order for any model of dual fueled automobile to be eligible to receive the fuel economy incentives included in section 32906(a) and (b), a label shall be attached to the fuel compartment of each dual fueled automobile of that model, notifying that the vehicle can be operated on an alternative fuel and on gasoline or diesel, with the form of alternative fuel stated on the notice. This requirement applies to dual fueled automobiles manufactured on or after September 1, 2006.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1065; Pub. L. 104287, § 5(63), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 10958, title VII, §§ 759, 772(a), Aug. 8, 2005, 119 Stat. 833, 834; Pub. L. 110140, title I, § 109(b), (c), Dec. 19, 2007, 121 Stat. 1506; Pub. L. 113291, div. A, title III, § 318(c), Dec. 19, 2014, 128 Stat. 3341.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32905(a)15:2013(a), (f)(1).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 513(a)(f); added Oct. 14, 1988, Pub. L. 100494, § 6(a), 102 Stat. 2448; Oct. 24, 1992, Pub. L. 102486, § 403(5)(A)(F), 106 Stat. 2876. 32905(b)15:2013(b), (f)(1). 32905(c)15:2013(c), (f)(1). 32905(d)15:2013(d), (f)(1). 32905(e)15:2013(e). 32905(f)15:2013(f)(2)(B). 32905(g)15:2013(f)(2)(A). In subsections (a) and (c), the words “after model year 1992” are substituted for “Subsections (a) and (c) shall apply only to automobiles manufactured after model year 1992” because of the restatement. In subsections (b) and (d), before each clause (1), the words “in model years 19932004” are substituted for “Except as otherwise provided in this subsection, subsections (b) and (d) shall apply only to automobiles manufactured in model year 1993 through model year 2004” to eliminate unnecessary words and because of the restatement. In subsection (c), the words “For purposes of this section” and “than natural gas” are omitted as unnecessary because of the restatement. The words “a gallon equivalent of natural gas” are omitted as being included in “A gallon equivalent of any gaseous fuel”. In subsection (e), the words “subject to the provisions of this section” are omitted as unnecessary because of the restatement. The words “for each model described under subsections (a)(d) of this section” are substituted for “for each model type of dedicated automobile or dual fueled automobile” to eliminate unnecessary words. The words “by using as the denominator” are substituted for “by including as the denominator of the term” for clarity.
Editorial Notes
Amendments2014—Subsecs. (e) to (g). Pub. L. 113291 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2007—Subsec. (b). Pub. L. 110140, § 109(b)(1), substituted “1993 through 2019” for “19932010” in introductory provisions. Subsec. (b)(2). Pub. L. 110140, § 109(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “.5 divided by the fuel economy measured under subsection (a) of this section when operating the model on alternative fuel.” Subsec. (d). Pub. L. 110140, § 109(b)(2), substituted “1993 through 2019” for “19932010” in introductory provisions. Subsecs. (f) to (h). Pub. L. 110140, § 109(b)(3), (4), redesignated subsec. (h) as (f) and struck out former subsecs. (f) and (g) which related to temporary extension of application of subsecs. (b) and (d) and study and report on success of the policy of subsecs. (b) and (d), respectively. 2005—Subsecs. (b), (d). Pub. L. 10958, § 772(a)(1), substituted “19932010” for “19932004” in introductory provisions. Subsec. (f). Pub. L. 10958, § 772(a)(2), substituted “2007” for “2001” in introductory provisions. Subsec. (f)(1). Pub. L. 10958, § 772(a)(3), substituted “2010” for “2004”. Subsec. (h). Pub. L. 10958, § 759, added subsec. (h). 1996—Subsec. (g). Pub. L. 104287 substituted “Committee on Commerce” for “Committee on Energy and Commerce”.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
@@ -0,0 +1,63 @@
---
type: "LegalText"
title: "49 U.S.C. § 32906"
description: "Maximum fuel economy increase for alternative fuel automobiles"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "329"
chapter_name: "AUTOMOBILE FUEL ECONOMY"
section: "32906"
citation: "49 U.S.C. § 32906"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 32906 - Maximum fuel economy increase for alternative fuel automobiles
## Text
(a) In General.— For each of model years 1993 through 2019 for each category of automobile (except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that uses a fuel described in subparagraph (E) of section 32901(a)(1)), the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles is—
(1) 1.2 miles a gallon for each of model years 1993 through 2014;
(2) 1.0 miles per gallon for model year 2015;
(3) 0.8 miles per gallon for model year 2016;
(4) 0.6 miles per gallon for model year 2017;
(5) 0.4 miles per gallon for model year 2018;
(6) 0.2 miles per gallon for model year 2019; and
(7) 0 miles per gallon for model years after 2019.
(b) Calculation.— In applying subsection (a), the Administrator of the Environmental Protection Agency shall determine the increase in a manufacturers average fuel economy attributable to dual fueled automobiles by subtracting from the manufacturers average fuel economy calculated under section 32905(f) the number equal to what the manufacturers average fuel economy would be if it were calculated by the formula under section 32904(a)(1) by including as the denominator for each model of dual fueled automobiles the fuel economy when the automobiles are operated on gasoline or diesel fuel.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1067; Pub. L. 10958, title VII, § 772(b), Aug. 8, 2005, 119 Stat. 834; Pub. L. 110140, title I, § 109(a), Dec. 19, 2007, 121 Stat. 1505; Pub. L. 113291, div. A, title III, § 318(a), (d), Dec. 19, 2014, 128 Stat. 3341, 3342.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32906(a)15:2013(g)(1).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 513(g)(1), (2)(A); added Oct. 14, 1988, Pub. L. 100494, § 6(a), 102 Stat. 2449; Oct. 24, 1992, Pub. L. 102486, § 403(5) (G)(i), (ii)(I), 106 Stat. 2877. 32906(b)15:2013(g)(2)(A).
Editorial Notes
Amendments2014—Subsec. (a). Pub. L. 113291, § 318(a), substituted “(except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that uses a fuel described in subparagraph (E) of section 32901(a)(1))” for “(except an electric automobile)” in introductory provisions. Subsec. (b). Pub. L. 113291, § 318(d), substituted “section 32905(f)” for “section 32905(e)”. 2007—Pub. L. 110140 amended section generally, substituting provisions relating to maximum increase in average fuel economy for each of model years 1993 through 2019 and calculation of each such increase for provisions relating to maximum increase for each of model years 1993 through 2010 and authorizing offsets if the Secretary of Transportation reduced the average fuel economy standard for passenger automobiles for any model year below 27.5 miles per gallon. 2005—Subsec. (a)(1)(A). Pub. L. 10958, § 772(b)(1), substituted “model years 19932010” for “the model years 19932004”. Subsec. (a)(1)(B). Pub. L. 10958, § 772(b)(2), substituted “model years 20112014” for “the model years 20052008”.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
@@ -0,0 +1,63 @@
---
type: "LegalText"
title: "49 U.S.C. § 32907"
description: "Reports and tests of manufacturers"
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corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "329"
chapter_name: "AUTOMOBILE FUEL ECONOMY"
section: "32907"
citation: "49 U.S.C. § 32907"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 32907 - Reports and tests of manufacturers
## Text
(a) Manufacturer Reports.— (1) A manufacturer shall report to the Secretary of Transportation on—
(A) whether the manufacturer will comply with an applicable average fuel economy standard under section 32902 of this title for the model year for which the report is made;
(B) the actions the manufacturer has taken or intends to take to comply with the standard; and
(C) other information the Secretary requires by regulation.
(2) A manufacturer shall submit a report under paragraph (1) of this subsection during the 30 days—
(A) before the beginning of each model year; and
(B) beginning on the 180th day of the model year.
(3) When a manufacturer decides that actions reported under paragraph (1)(B) of this subsection are not sufficient to ensure compliance with that standard, the manufacturer shall report to the Secretary additional actions the manufacturer intends to take to comply with the standard and include a statement about whether those actions are sufficient to ensure compliance.
(4) This subsection does not apply to a manufacturer for a model year for which the manufacturer is subject to an alternative average fuel economy standard under section 32902(d) of this title.
(b) Records, Reports, Tests, Information, and Inspection.— (1) Under regulations prescribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter, a manufacturer shall keep records, make reports, conduct tests, and provide items and information. On request and display of proper credentials, an officer or employee designated by the Secretary or Administrator may inspect automobiles and records of the manufacturer. An inspection shall be made at a reasonable time and in a reasonable way.
(2) The district courts of the United States may—
(A) issue an order enforcing a requirement or request under paragraph (1) of this subsection; and
(B) punish a failure to obey the order as a contempt of court.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1067.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32907(a)15:2005(a)(1)(3).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 505(a)(1)(3), (c); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 908, 909. 15:2005(a)(4).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 505(a)(4); added Oct. 10, 1980, Pub. L. 96425, § 3(b), 94 Stat. 1822. 32907(b)15:2005(c). In subsection (a)(1), before clause (A), the words “shall report to the Secretary of Transportation on” are substituted for “shall submit a report to the Secretary . . . Each such report shall contain (A) a statement as to” to eliminate unnecessary words. In clause (B), the words “the actions” are substituted for “a plan which describes the steps” to eliminate unnecessary words. In subsection (a)(2)(A), the words “after model year 1977” are omitted as obsolete. In subsection (a)(3), the words “actions reported . . . are not sufficient to ensure compliance with that standard” are substituted for “a plan submitted . . . which he stated was sufficient to insure compliance with applicable average fuel economy standards is not sufficient to insure such compliance” to eliminate unnecessary words and for consistency in the section. The words “additional actions” are substituted for “a revised plan which specifies any additional measures” for consistency in the section. The text of 15:2005(a)(3) is omitted as surplus because of 49:322(a). In subsection (b)(1), the words “Under regulations prescribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter” are substituted for “as the Secretary or the EPA Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this subchapter and under any rules prescribed pursuant to this subchapter” to eliminate unnecessary words, for consistency in the revised title, and because “rules” and “regulations” are synonymous. The words “establish and” are omitted as surplus. The 2d sentence is substituted for 15:2005(c) (2d sentence) to eliminate unnecessary words and for consistency. The text of 15:2005(c)(1) (last sentence) is omitted as surplus because of section 32910(d) of the revised title and 49:322(a). Subsection (b)(2)(A) is substituted for “if a manufacturer refuses to accede to any rule or reasonable request made under paragraph (1), issue an order requiring compliance with such requirement or request” to eliminate unnecessary words. Subsection (b)(2)(B) is substituted for 15:2005(c) (last sentence) to eliminate unnecessary words.
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# 49 U.S.C. § 32909 - Judicial review of regulations
## Text
(a) Filing and Venue.— (1) A person that may be adversely affected by a regulation prescribed in carrying out any of sections 3290132904 or 32908 of this title may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(2) A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(b) Time for Filing and Judicial Procedures.— The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard submitted to Congress under section 32902(c)(2) of this title must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed.
(c) Additional Proceedings.— (1) When reviewing a regulation under subsection (a)(1) of this section, the court, on request of the petitioner, may order the Secretary or the Administrator to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the proceeding before the Secretary or Administrator.
(2) The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional submissions presented. The Secretary or Administrator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regulation.
(d) Supreme Court Review and Additional Remedies.— A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under subsections (a)(1) and (c) of this section is in addition to any other remedies provided by law.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103429, § 6(38), Oct. 31, 1994, 108 Stat. 4382.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32909(a)(1)15:2004(a) (1st sentence words before 4th and after 6th commas, last sentence).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 504; added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 908. 32909(a)(2)15:2004(a) (4th sentence). 15:2008(e)(3)(A) (1st sentence less 15th31st words), (B).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 508(e)(3); added Nov. 9, 1978, Pub. L. 95619, § 402, 92 Stat. 3256. 32909(b)15:2004(a) (1st sentence words between 4th and 6th commas, 2d, 3d sentences). 15:2008(e)(3)(A) (1st sentence 15th31st words, 2d, last sentences). 32909(c)15:2004(b). 32909(d)15:2004(c), (d). 15:2008(e)(3)(C). In this section, the word “regulation” is substituted for “rule” for consistency in the revised title and because the terms are synonymous. In subsection (a)(1) and (2), the words “apply for review” are added for clarity. In subsection (a)(1), the text of 15:2004(a) (last sentence) is omitted because 15:2002(d) is executed and is not a part of the revised title. In subsection (a)(2), the words “adversely affected” are substituted for “aggrieved”, and the words “regulation prescribed” are substituted for “final rule”, for consistency in the revised title and with other titles of the United States Code. The text of 15:2004(a) (4th sentence) and 2008(e)(3)(B) is omitted because 5:ch. 7 applies unless otherwise stated. In subsection (b), the words “a regulation prescribing an amendment of a standard submitted to Congress” are substituted for “or in the case of an amendment submitted to each House of Congress” in 15:2004(a), and the words “the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation” are substituted for “the officer who prescribed the rule”, for clarity. The words “a record of the proceeding in which the regulation was prescribed” are substituted for “the written submissions and other materials in the proceeding upon which such rule was based” in 15:2004(a) and “the written submissions to, and transcript of, the written and oral proceedings on which the rule was based, as provided in section 2112 of title 28, United States Code” in 15:2008(e)(3) for consistency and to eliminate unnecessary words. In subsection (c)(1), the words “on request of the petitioner” are substituted for “If the petitioner applies to the court in a proceeding under subsection (a) of this section for leave to make additional submissions”, and the words “to receive additional submissions” are substituted for “to provide additional opportunity to make such submissions”, for clarity. In subsection (c)(2), the words “amend . . . the regulation” and “amended . . . regulation” are substituted for “modify . . . the rule” and “modified . . . rule”, respectively, for consistency in the chapter and because “regulation” is synonymous with “rule”. In subsection (d), the words “affirming or setting aside, in whole or in part” are omitted as surplus. The words “and not in lieu of” in 15:2004(d) are omitted as surplus.
Pub. L. 103429This amends 49:32909(a)(1) to correct an erroneous cross-reference.
Editorial Notes
Amendments1994—Subsec. (a)(1). Pub. L. 103429 substituted “any of sections 3290132904” for “section 3290132904”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
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# 49 U.S.C. § 32910 - Administrative
## Text
(a) General Powers.— (1) In carrying out this chapter, the Secretary of Transportation or the Administrator of the Environmental Protection Agency may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and subpena witnesses and records the Secretary or Administrator considers advisable.
(2) A witness summoned under paragraph (1)(C) of this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(b) Civil Actions To Enforce.— A civil action to enforce a subpena or order of the Secretary or Administrator under subsection (a) of this section may be brought in the district court of the United States for any judicial district in which the proceeding by the Secretary or Administrator is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary or Administrator as a contempt of court.
(c) Disclosure of Information.— The Secretary and the Administrator each shall disclose information obtained under this chapter (except information obtained under section 32904(c) of this title) under section 552 of title 5. However, the Secretary or Administrator may withhold information under section 552(b)(4) of title 5 only if the Secretary or Administrator decides that disclosure of the information would cause significant competitive damage. A matter referred to in section 552(b)(4) and relevant to an administrative or judicial proceeding under this chapter may be disclosed in that proceeding. A measurement or calculation under section 32904(c) of this title shall be disclosed under section 552 of title 5 without regard to section 552(b).
(d) Regulations.— The Administrator may prescribe regulations to carry out duties of the Administrator under this chapter.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103429, § 6(39), Oct. 31, 1994, 108 Stat. 4382.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32910(a)15:2005(b)(1), (3).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 505(b), (d); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 909. 32910(b)15:2005(b)(2). 32910(c)15:2005(d). 32910(d)(no source). In subsection (a)(1), before clause (A), the words “or their duly designated agents” are omitted as surplus because of 49:322(b) and section 3 of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970, 84 Stat. 2089). In clause (A), the words “inspect and copy records of any person” are substituted for “require, by general or special orders, that any person . . . (B) provide . . . access to (and for the purpose of examination, the right to copy) any documentary evidence of such person” to eliminate unnecessary words. The words “which is relevant to any functions of the Secretary or the EPA Administrator under this subchapter” are omitted as covered by “In carrying out this chapter”. In clause (B), the word “order” is substituted for “require, by general or special orders”, and the words “including reports or answers under oath” are substituted for “Such reports and answers shall be made under oath or otherwise”, to eliminate unnecessary words. The words “in such form as the Secretary or EPA Administrator may prescribe” and “shall be filed with the Secretary or the EPA Administrator within such reasonable period as either may prescribe” are omitted as surplus because of subsection (d) of this section and 49:322(a). The words “relating to any function of the Secretary or the EPA Administrator under this subchapter” are omitted as surplus. In clause (C), the words “sit and act at such times and places” are omitted as being included in “conduct hearings”. The words “subpena witnesses” are substituted for “require, by subpena, the attendance and testimony of such witnesses” to eliminate unnecessary words. In subsection (b), the words “A civil action to enforce a subpena or order of the Secretary or Administrator under subsection (a) of this section may be brought in the district court of the United States for the judicial district in which the proceeding by the Secretary or Administrator was conducted” are substituted for 15:2005(b)(2) (1st sentence) for consistency and to eliminate unnecessary words. In subsection (c), the words “to the public” are omitted as surplus. The words “However, the Secretary or the Administrator may withhold information” are substituted for “except that information may be withheld from disclosure” for clarity. Subsection (d) is added for convenience because throughout the chapter the Administrator is given authority to prescribe regulations to carry out duties of the Administrator.
Pub. L. 103429This amends 49:32910(b) to clarify the restatement of 15:2005(b)(2) by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 1071).
Editorial Notes
Amendments1994—Subsec. (b). Pub. L. 103429 substituted “any judicial district in which the proceeding by the Secretary or Administrator is conducted” for “the judicial district in which the proceeding by the Secretary or Administrator was conducted”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
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# 49 U.S.C. § 32911 - Compliance
## Text
(a) General.— A person commits a violation if the person fails to comply with this chapter and regulations and standards prescribed and orders issued under this chapter (except sections 32902, 32903, 32908(b), 32917(b), and 32918 and regulations and standards prescribed and orders issued under those sections). The Secretary of Transportation shall conduct a proceeding, with an opportunity for a hearing on the record, to decide whether a person has committed a violation. Any interested person may participate in a proceeding under this subsection.
(b) Automobile Manufacturers.— A manufacturer of automobiles commits a violation if the manufacturer fails to comply with an applicable average fuel economy standard under section 32902 of this title. Compliance is determined after considering credits available to the manufacturer under section 32903 of this title. If average fuel economy calculations under section 32904(c) of this title indicate that a manufacturer has violated this subsection, the Secretary shall conduct a proceeding, with an opportunity for a hearing on the record, to decide whether a violation has been committed. The Secretary may not conduct the proceeding if further measurements of fuel economy, further calculations of average fuel economy, or other information indicates a violation has not been committed. The results of the measurements and calculations and the information shall be published in the Federal Register. Any interested person may participate in a proceeding under this subsection.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1071; Pub. L. 103429, § 6(40), Oct. 31, 1994, 108 Stat. 4382.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32911(a)15:2007(a)(3).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, §§ 507(a), 508(a); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 911; Oct. 10, 1980, Pub. L. 96425, § 6(a)(1), (c)(1), (2), 94 Stat. 1826, 1827. 15:2008(a)(2). 32911(b)15:2007(a)(1), (2). 15:2007(b).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 507(b); added Oct. 10, 1980, Pub. L. 96425, § 6(a)(2), 94 Stat. 1826. 15:2008(a). In this section, the words “commits a violation if the . . . fails” are substituted for “the following conduct is unlawful . . . the failure of any person” for clarity and consistency in the revised title. In subsection (a), the reference to 15:2011 is omitted because that provision is not restated in this chapter. The words “The Secretary of Transportation shall conduct a proceeding, with an opportunity for a hearing on the record, to decide” are substituted for “If, on the record after opportunity for agency hearing, the Secretary determines” in 15:2008 for clarity. The words “the Secretary shall assess the penalties provided for under subsection (b) of this section” are omitted as surplus. In subsection (b), the words “Compliance is determined after considering credits available to the manufacturer under section 32903 of this title” are substituted for 15:2007(b) to eliminate unnecessary words. The words “the Secretary shall conduct a proceeding, with an opportunity for a hearing on the record, to decide” are substituted for “the Secretary shall commence a proceeding under paragraph (2) of this subsection” in 15:2008(a)(1) and “If, on the record after opportunity for agency hearing, the Secretary determines” in 15:2008(a)(2) for clarity. The words “may not conduct” are substituted for “(unless” in 15:2008(a)(1) for clarity.
Pub. L. 103429This makes a conforming amendment necessary because of the restatement of 15:2011 as 49:32918 by section 6(43)(A) of the bill.
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103429 substituted “, 32917(b), and 32918” for “, and 32917(b)”.
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# 49 U.S.C. § 32912 - Civil penalties
## Text
(a) General Penalty.— A person that violates section 32911(a) of this title is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues.
(b) Penalty for Manufacturer Violations of Fuel Economy Standards.— Except as provided in subsection (c) of this section, a manufacturer that violates a standard prescribed for a model year under section 32902 of this title is liable to the Government for a civil penalty of $0.00 multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy—
(1) calculated under section 32904(a)(1)(A) or (B) of this title for automobiles to which the standard applies manufactured by the manufacturer during the model year;
(2) multiplied by the number of those automobiles; and
(3) reduced by the credits available to the manufacturer under section 32903 of this title for the model year.
(c) Higher Penalty Amounts.— (1) (A) The Secretary of Transportation shall prescribe by regulation a higher amount for each .1 of a mile a gallon to be used in calculating a civil penalty under subsection (b) of this section, if the Secretary decides that the increase in the penalty—
(i) will result in, or substantially further, substantial energy conservation for automobiles in model years in which the increased penalty may be imposed; and
(ii) will not have a substantial deleterious impact on the economy of the United States, a State, or a region of a State.
(B) The amount prescribed under subparagraph (A) of this paragraph may not be more than $0.00 for each .1 of a mile a gallon.
(C) The Secretary may make a decision under subparagraph (A)(ii) of this paragraph only when the Secretary decides that it is likely that the increase in the penalty will not—
(i) cause a significant increase in unemployment in a State or a region of a State;
(ii) adversely affect competition; or
(iii) cause a significant increase in automobile imports.
(D) A higher amount prescribed under subparagraph (A) of this paragraph is effective for the model year beginning at least 18 months after the regulation stating the higher amount becomes final.
(2) The Secretary shall publish in the Federal Register a proposed regulation under this subsection and a statement of the basis for the regulation and provide each manufacturer of automobiles a copy of the proposed regulation and the statement. The Secretary shall provide a period of at least 45 days for written public comments on the proposed regulation. The Secretary shall submit a copy of the proposed regulation to the Federal Trade Commission and request the Commission to comment on the proposed regulation within that period. After that period, the Secretary shall give interested persons and the Commission an opportunity at a public hearing to present oral information, views, and arguments and to direct questions about disputed issues of material fact to—
(A) other interested persons making oral presentations;
(B) employees and contractors of the Government that made written comments or an oral presentation or participated in the development or consideration of the proposed regulation; and
(C) experts and consultants that provided information to a person that the person includes, or refers to, in an oral presentation.
(3) The Secretary may restrict the questions of an interested person and the Commission when the Secretary decides that the questions are duplicative or not likely to result in a timely and effective resolution of the issues. A transcript shall be kept of a public hearing under this subsection. A copy of the transcript and written comments shall be available to the public at the cost of reproduction.
(4) The Secretary shall publish a regulation prescribed under this subsection in the Federal Register with the decisions required under paragraph (1) of this subsection.
(5) An officer or employee of a department, agency, or instrumentality of the Government violates section 1905 of title 18 by disclosing, except in an in camera proceeding by the Secretary or a court, information—
(A) provided to the Secretary or the court during consideration or review of a regulation prescribed under this subsection; and
(B) decided by the Secretary to be confidential under section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d)).
(d) Written Notice Requirement.— The Secretary shall impose a penalty under this section by written notice.
(e) Use of Civil Penalties.— For fiscal year 2008 and each fiscal year thereafter, from the total amount deposited in the general fund of the Treasury during the preceding fiscal year from fines, penalties, and other funds obtained through enforcement actions conducted pursuant to this section (including funds obtained under consent decrees), the Secretary of the Treasury, subject to the availability of appropriations, shall—
(1) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to support rulemaking under this chapter; and
(2) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to carry out a program to make grants to manufacturers for retooling, reequipping, or expanding existing manufacturing facilities in the United States to produce advanced technology vehicles and components.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1072; Pub. L. 110140, title I, § 112, Dec. 19, 2007, 121 Stat. 1508; Pub. L. 11921, title IV, § 40006(a), July 4, 2025, 139 Stat. 136.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32912(a)15:2008(b)(2).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 508(b)(1)(3) (1st sentence); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 913; Oct. 10, 1980, Pub. L. 96425, §§ 6(c)(1), (3), 8(f), 94 Stat. 1827, 1828, 1829. 32912(b)15:2008(b)(1). 32912(c)(1)15:2008(d).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 508(d), (e)(1), (2), (4); added Nov. 9, 1978, Pub. L. 95619, § 402, 92 Stat. 3255, 3256. 32912(c)(2), (3)15:2008(e)(1). 32912(c)(4)15:2008(e)(2). 32912(c)(5)15:2008(e)(4). 32912(d)15:2008(b)(3) (1st sentence). In this section, the words “whom the Secretary determines under subsection (a) of this section” are omitted as surplus. In subsection (b), before clause (1)(A), the words “Except as provided in subsection (c) of this section” are added for clarity. The words “that violates a standard prescribed for a model year under section 32902 of this title” are substituted for “to have violated a provision of section 2007(a)(1) of this title with respect to any model year” and “to have violated section 2007(a)(2) of this title” to avoid referring, as in the source, to one provision that in turn refers to another provision. In clause (1), the words “calculated under” are substituted for “established under” for clarity. The reference to section 32904(a)(1)(A), which is a reference to the provision under which average fuel economy for nonpassenger automobiles is calculated, is added for clarity. The reference to section 32904(a)(1)(B), which is a reference to the provision under which average fuel economy for passenger automobiles is calculated, is substituted for the reference in the source to 15:2002(a) and (c), which is a reference to the provision under which the average fuel economy standard for those automobiles is established, for clarity. The words “in which the violation occurs” are omitted as surplus. In subsection (c)(1)(A), before clause (i), the words “shall prescribe by regulation” are substituted for “shall, by rule . . . substitute” for consistency in the revised title and because “rule” and “regulation” are synonymous. The words “in accordance with the provisions of this subsection and subsection (e)” are omitted as surplus. The words “be less than $5.00” are omitted as surplus because under the subsection the Secretary may only raise the amount imposed to $10, or a $5 increase. The words “in the absence of such rule” are omitted as surplus. The words “increase in the penalty” are substituted for “additional amount of the civil penalty” for clarity. In clause (ii), the words “subject to subparagraph (B)” are omitted as surplus. In subsection (c)(1)(C), the words “the later of” and the text of 15:2008(d)(3)(A) are omitted as obsolete. In subsection (c)(2), before clause (A), the words “After the Secretary of Transportation develops a proposed rule pursuant to subsection (d) of this section” are omitted as surplus. In clause (B), the words “written comments or an oral presentation” are substituted for “written or oral presentations” for consistency in the section. The text of 15:2008(e)(1)(B) (last sentence) and (C) is omitted as surplus because of 5:556(d). In subsection (c)(5), before clause (A), the words “department, agency, or instrumentality” are substituted for “department or agency” for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments2025—Subsec. (b). Pub. L. 11921, § 40006(a)(1), substituted “$0.00” for “$5” in introductory provisions. Subsec. (c)(1)(B). Pub. L. 11921, § 40006(a)(2), substituted “$0.00” for “$10”. 2007—Subsec. (e). Pub. L. 110140 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentPub. L. 11921, title IV, § 40006(b), July 4, 2025, 139 Stat. 136, provided that: “The amendments made by subsection (a) [amending this section] shall— “(1) take effect on the date of enactment of this section [July 4, 2025]; and “(2) apply to all model years of a manufacturer for which the Secretary of Transportation has not provided a notification pursuant to section 32903(b)(2)(B) of title 49, United States Code, specifying the penalty due for the average fuel economy of that manufacturer being less than the applicable standard prescribed under section 32902 of that title.”
Effective Date of 2007 AmendmentAmendment by Pub. L. 110140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
@@ -0,0 +1,63 @@
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# 49 U.S.C. § 32913 - Compromising and remitting civil penalties
## Text
(a) General Authority and Limitations.— The Secretary of Transportation may compromise or remit the amount of a civil penalty imposed under section 32912(a) or (b) of this title. However, the amount of a penalty imposed under section 32912(b) may be compromised or remitted only to the extent—
(1) necessary to prevent the insolvency or bankruptcy of the manufacturer of automobiles;
(2) the manufacturer shows that the violation was caused by an act of God, a strike, or a fire; or
(3) the Federal Trade Commission certifies under subsection (b)(1) of this section that a reduction in the penalty is necessary to prevent a substantial lessening of competition.
(b) Certification by Commission.— (1) A manufacturer liable for a civil penalty under section 32912(b) of this title may apply to the Commission for a certification that a reduction in the penalty is necessary to prevent a substantial lessening of competition in the segment of the motor vehicle industry subject to the standard that was violated. The Commission shall make the certification when it finds that reduction is necessary to prevent the lessening. The Commission shall state in the certification the maximum amount by which the penalty may be reduced.
(2) An application under this subsection must be made not later than 30 days after the Secretary decides that the manufacturer has violated section 32911(b) of this title. To the maximum extent practicable, the Commission shall make a decision on an application by the 90th day after the application is filed. A proceeding under this subsection may not delay the manufacturers liability for the penalty for more than 90 days after the application is filed.
(3) When a civil penalty is collected in a civil action under this chapter before a decision of the Commission under this subsection is final, the payment shall be paid to the court in which the action was brought. The court shall deposit the payment in the general fund of the Treasury on the 90th day after the decision of the Commission becomes final. When the court is holding payment of a penalty reduced under subsection (a)(3) of this section, the Secretary shall direct the court to remit the appropriate amount of the penalty to the manufacturer.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1073; Pub. L. 103429, § 6(41), Oct. 31, 1994, 108 Stat. 4382; Pub. L. 104287, § 6(d)(1)(A), Oct. 11, 1996, 110 Stat. 3399.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32913(a)15:2008(b)(3) (2d sentence).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 508(b)(3) (2d sentence), (4), (5); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 913; Oct. 10, 1980, Pub. L. 96425, § 6(c)(1), 94 Stat. 1827. 32913(b)15:2008(b)(4), (5). In subsection (a), before clause (1), the words “compromise or remit” are substituted for “compromise, modify, or remit, with or without conditions” for consistency in the revised title. The words “against any person” are omitted as surplus. The reference to section 32912(b) (a restatement of 15:2008(b)(1)) is used rather than a reference to 32911(b) (a restatement of 15:2007(a)(1) or (2)) to avoid referring, as in the source, to one provision that in turn refers to another provision. In clause (3), the word “reduction” is substituted for “modification” for clarity. The words “as determined under paragraph (4)” are omitted as surplus. In subsection (b)(1), the words “the standard that was violated” are substituted for “the standard with respect to which such penalty was assessed”, and the words “The Commission shall make the certification when it finds that reduction” are substituted for “If the manufacturer shows and the Federal Trade Commission determines that modification of the civil penalty for which such manufacturer is otherwise liable . . . the Commission shall so certify”, to eliminate unnecessary words. In subsection (b)(3), the words “When a civil penalty is collected in a civil action under this chapter” are substituted for “but any payment made” for clarity. The words “action was brought” are substituted for “the penalty is collected” for consistency. The words “and shall (except as otherwise provided in paragraph (5)), be held by such court” are omitted as surplus. The words “When the court is holding payment of a penalty reduced under subsection (a)(3) of this section” are substituted for “Whenever a civil penalty has been assessed and collected from a manufacturer under this section, and is being held by a court in accordance with paragraph (4), and the Secretary subsequently determines to modify such civil penalty pursuant to paragraph (3)(C)” to eliminate unnecessary words.
Pub. L. 103429This amends 49:32913(b)(1) to clarify the restatement of 15:2008(b)(4) and (5) by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 1073).
Editorial Notes
Amendments1996—Subsec. (b). Pub. L. 104287 made technical amendment to directory language of Pub. L. 103429, § 6(41). See 1994 Amendment notes below. 1994—Subsec. (b). Pub. L. 103429, § 6(41)(A), as amended by Pub. L. 104287, substituted “Certification” for “Penalty Reduction” in heading. Subsec. (b)(1). Pub. L. 103429, § 6(41)(B), as amended by Pub. L. 104287, substituted “a reduction in the penalty is necessary” for “the penalty should be reduced”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104287, § 6(d), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by section 6(d)(1)(A) is effective Oct. 31, 1994.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
@@ -0,0 +1,41 @@
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# 49 U.S.C. § 32914 - Collecting civil penalties
## Text
(a) Civil Actions.— If a person does not pay a civil penalty after it becomes a final order of the Secretary of Transportation or a judgment of a court of appeals of the United States for a circuit, the Attorney General shall bring a civil action in an appropriate district court of the United States to collect the penalty. The validity and appropriateness of the final order imposing the penalty is not reviewable in the action.
(b) Priority of Claims.— A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer for a civil penalty under section 32912(b) of this title when the creditors claim is for credit extended before a final judgment (without regard to section 32913(b)(1) and (2) of this title) in an action to collect under subsection (a) of this section.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1074.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32914(a)15:2008(b)(3) (last sentence), (c)(2).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 508(b)(3) (last sentence), (6), (c)(2); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 913, 914. 32914(b)15:2008(b)(6). In subsection (a), the text of 15:2008(b)(3) (last sentence) is omitted as surplus because of 28:516 and 2461(a). The words “an assessment of” and “and unappealable” are omitted as surplus. The words “of the Secretary of Transportation” are added for clarity. The words “for a circuit” are added for consistency. The words “in favor of the Secretary” are omitted as surplus. The words “shall bring a civil action . . . to collect the penalty” are substituted for “shall recover the amount for which the manufacturer is liable” for consistency. In subsection (b), the words “A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer” are substituted for “A claim of the United States . . . against a manufacturer . . . shall, in the case of the bankruptcy or insolvency of such manufacturer, be subordinate to any claim of a creditor of such manufacturer” for clarity and to eliminate unnecessary words. The words “the date on which” are omitted as surplus.
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# 49 U.S.C. § 32915 - Appealing civil penalties
## Text
Any interested person may appeal a decision of the Secretary of Transportation to impose a civil penalty under section 32912(a) or (b) of this title, or of the Federal Trade Commission under section 32913(b)(1) of this title, in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. A person appealing a decision must file a notice of appeal with the court not later than 30 days after the decision and, at the same time, send a copy of the notice by certified mail to the Secretary or the Commission. The Secretary or the Commission promptly shall file with the court a certified copy of the record of the proceeding in which the decision was made.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1074.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3291515:2008(c)(1).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 508(c)(1); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 914. The words “as the case may be” are omitted as surplus. The text of 15:2008(c)(1) (last sentence) is omitted as surplus because 5:ch. 7 applies unless otherwise stated.
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# 49 U.S.C. § 32916 - Reports to Congress
## Text
(a) Annual Report.— Not later than January 15 of each year, the Secretary of Transportation shall submit to each House of Congress, and publish in the Federal Register, a report on the review by the Secretary of average fuel economy standards prescribed under this chapter.
(b) Joint Examinations After Granting Exemptions.— (1) After an exemption has been granted under section 32904(b)(6) 11 See References in Text note below. of this title, the Secretaries of Transportation and Labor shall conduct annually a joint examination of the extent to which section 32904(b)(6)—1
(A) achieves the purposes of this chapter;
(B) improves fuel efficiency (thereby facilitating conservation of petroleum and reducing petroleum imports);
(C) has promoted employment in the United States related to automobile manufacturing;
(D) has not caused unreasonable harm to the automobile manufacturing sector in the United States; and
(E) has permitted manufacturers that have assembled passenger automobiles deemed to be manufactured domestically under section 32904(b)(2) of this title thereafter to assemble in the United States passenger automobiles of the same model that have less than 75 percent of their value added in the United States or Canada, together with the reasons.
(2) The Secretary of Transportation shall include the results of the examination under paragraph (1) of this subsection in each report submitted under subsection (a) of this section more than 180 days after an exemption has been granted under section 32904(b)(6) of this title, or submit the results of the examination directly to Congress before the report is submitted when circumstances warrant.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1074; Pub. L. 103429, § 6(42), Oct. 31, 1994, 108 Stat. 4382.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32916(a)15:2002(a)(2).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 502(a)(2); added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 902. 32916(b)(1)15:2012(c)(1).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 512(c); added Oct. 10, 1980, Pub. L. 96425, § 4(a)(2), 94 Stat. 1823. 32916(b)(2)15:2012(c)(2). In subsection (a), the words “a report on the review by the Secretary” are substituted for “a review” for clarity. The words “beginning in 1977” and the text of 15:2002(a) (2d, last sentences) are omitted as executed. In subsection (b)(1), before clause (A), reference to section 32904(b)(4) the 2d time it appears is substituted for “the amendment made to section 2003(b) of this title by section 4(a)(1) of the Automobile Fuel Efficiency Act of 1980” for clarity and to eliminate unnecessary words. Clause (B) is substituted for “achieves the purposes of that Act” for clarity. In subsection (b)(2), the reference to “subsection (a) of this section” is restated to refer to 15:2002(a) rather than 15:2012(a) to reflect the apparent intent of Congress. Although 15:2012(c)(2) refers to an annual report under 15:2012(a), that provision does not provide for an annual report.
Pub. L. 103429This makes conforming amendments necessary because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill.
Editorial Notes
References in TextParagraph (6) of section 32904(b) of this title, referred to in subsec. (b), was repealed by Pub. L. 110140, title I, § 113(a), Dec. 19, 2007, 121 Stat. 1508.
Amendments1994—Subsec. (b). Pub. L. 103429, in par. (1), introductory provisions, substituted “32904(b)(6)” for “32904(b)(4)” in two places, in par. (1)(E), substituted “32904(b)(2)” for “32904(b)(1)(A)”, and in par. (2), substituted “32904(b)(6)” for “32904(b)(4)”.
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# 49 U.S.C. § 32917 - Standards for executive agency automobiles
## Text
(a) Definition.— In this section, “executive agency” has the same meaning given that term in section 105 of title 5.
(b) Fleet Average Fuel Economy.— (1) The President shall prescribe regulations that require passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year to achieve a fleet average fuel economy (determined under paragraph (2) of this subsection) for that year of at least the greater of—
(A) 18 miles a gallon; or
(B) the applicable average fuel economy standard under section 32902(b) or (c) of this title for the model year that includes January 1 of that fiscal year.
(2) Fleet average fuel economy is—
(A) the total number of passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year (except automobiles designed for combat-related missions, law enforcement work, or emergency rescue work); divided by
(B) the sum of the fractions obtained by dividing the number of automobiles of each model leased or bought by the fuel economy of that model.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1075.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 32917(a)15:2010(b)(2).Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 510; added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 915. 32917(b)15:2010(a), (b)(1), (3). In subsection (b)(1), before clause (A), the words “within 120 days after December 22, 1975” and “which begins after December 22, 1975” are omitted as executed. The words “(determined under paragraph (2) of this subsection)” are added for clarity. In subsection (b)(2), before clause (A), the words “As used in this section: (1) The term” are omitted as surplus. In clause (A), the words “to which this section applies” and “for the Armed Forces” are omitted as surplus. In clause (B), the words “the sum of the fractions obtained” are substituted for “a sum of terms, each term of which is a fraction created” to eliminate unnecessary words.
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# 49 U.S.C. § 32918 - Retrofit devices
## Text
(a) Definition.— In this section, the term “retrofit device” means any component, equipment, or other device—
(1) that is designed to be installed in or on an automobile (as an addition to, as a replacement for, or through alteration or modification of, any original component, equipment, or other device); and
(2) that any manufacturer, dealer, or distributor of the device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped,
as determined under regulations of the Administrator of the Environmental Protection Agency. The term also includes a fuel additive for use in an automobile.
(b) Examination of Fuel Economy Representations.— The Federal Trade Commission shall establish a program for systematically examining fuel economy representations made with respect to retrofit devices. Whenever the Commission has reason to believe that any representation may be inaccurate, the Commission shall request the Administrator to evaluate, in accordance with subsection (c) of this section, the retrofit device with respect to which the representation was made.
(c) Evaluation of Retrofit Devices.— (1) On application of any manufacturer of a retrofit device (or prototype of a retrofit device), on request of the Commission under subsection (b) of this section, or on the motion of the Administrator, the Administrator shall evaluate, in accordance with regulations prescribed under subsection (e) of this section, any retrofit device to determine whether the retrofit device increases fuel economy and to determine whether the representations, if any, made with respect to the retrofit device are accurate.
(2) If under paragraph (1) of this subsection, the Administrator tests, or causes to be tested, any retrofit device on the application of a manufacturer of the device, the manufacturer shall supply, at the manufacturers expense, one or more samples of the device to the Administrator and shall be liable for the costs of testing incurred by the Administrator. The procedures for testing retrofit devices so supplied may include a requirement for preliminary testing by a qualified independent testing laboratory, at the expense of the manufacturer of the device.
(d) Results of Tests and Publication in Federal Register.— (1) The Administrator shall publish in the Federal Register a summary of the results of all tests conducted under this section, together with the Administrators conclusions as to—
(A) the effect of any retrofit device on fuel economy;
(B) the effect of the device on emissions of air pollutants; and
(C) any other information the Administrator determines to be relevant in evaluating the device.
(2) The summary and conclusions shall also be submitted to the Secretary of Transportation and the Commission.
(e) Regulations Establishing Tests and Procedures for Evaluation of Retrofit Devices.— The Administrator shall prescribe regulations establishing—
(1) testing and other procedures for evaluating the extent to which retrofit devices affect fuel economy and emissions of air pollutants; and
(2) criteria for evaluating the accuracy of fuel economy representations made with respect to retrofit devices.
(Pub. L. 103429, § 6(43)(B), Oct. 31, 1994, 108 Stat. 4382.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3291815:2011.Oct. 20, 1972, Pub. L. 92513, § 511, as added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 915, and amended July 5, 1994, Pub. L. 103272, § 4(c), 108 Stat. 1361. This restates 15:2011 to include 15:2011 in the scope of the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 745). In subsection (a), the words “Administrator of the Environmental Protection Agency” are substituted for “Administrator” for clarity and to conform to the style of the codification which is to state the complete title the first time a descriptive title is used, and thereafter, to use a shorter title unless the context requires the complete title to be used. In subsections (c) and (e), the word “regulations” is substituted for “rules” and “by rule” for consistency with the restatement of title 49. In subsection (e)(1), the words “The Administrator shall prescribe regulations establishing” are substituted for “Within 180 days after December 22, 1975, the Administrator shall, by rule, establish” to eliminate executed words.
Editorial Notes
Prior ProvisionsA prior section 32918 was renumbered section 32919 of this title.
@@ -0,0 +1,47 @@
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title: "49 U.S.C. § 32919"
description: "Preemption"
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title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "329"
chapter_name: "AUTOMOBILE FUEL ECONOMY"
section: "32919"
citation: "49 U.S.C. § 32919"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s32919"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 32919 - Preemption
## Text
(a) General.— When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter.
(b) Requirements Must Be Identical.— When a requirement under section 32908 of this title is in effect, a State or a political subdivision of a State may adopt or enforce a law or regulation on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is identical to that requirement.
(c) State and Political Subdivision Automobiles.— A State or a political subdivision of a State may prescribe requirements for fuel economy for automobiles obtained for its own use.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1075, § 32918; renumbered § 32919, Pub. L. 103429, § 6(43)(A), Oct. 31, 1994, 108 Stat. 4382.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3291815:2009.Oct. 20, 1972, Pub. L. 92513, 86 Stat. 947, § 509; added Dec. 22, 1975, Pub. L. 94163, § 301, 89 Stat. 914. In subsection (a), the word “prescribed” is substituted for “established” for consistency.
Editorial Notes
Amendments1994—Pub. L. 103429 renumbered section 32918 of this title as this section.