
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(4)[122]]
[CITE: 42USC13211]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                SUBCHAPTER I--ALTERNATIVE FUELS--GENERAL
 
Sec. 13211. Definitions

    For purposes of this subchapter, subchapter II of this chapter, and 
subchapter III of this chapter (unless otherwise specified)--
        (1) the term ``Administrator'' means the Administrator of the 
    Environmental Protection Agency;
        (2) the term ``alternative fuel'' means methanol, denatured 
    ethanol, and other alcohols; mixtures containing 85 percent or more 
    (or such other percentage, but not less than 70 percent, as 
    determined by the Secretary, by rule, to provide for requirements 
    relating to cold start, safety, or vehicle functions) by volume of 
    methanol, denatured ethanol, and other alcohols with gasoline or 
    other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-
    derived liquid fuels; fuels (other than alcohol) derived from 
    biological materials; electricity (including electricity from solar 
    energy); and any other fuel the Secretary determines, by rule, is 
    substantially not petroleum and would yield substantial energy 
    security benefits and substantial environmental benefits;
        (3) the term ``alternative fueled vehicle'' means a dedicated 
    vehicle or a dual fueled vehicle;
        (4) the term ``comparable conventionally fueled motor vehicle'' 
    means a motor vehicle which is, as determined by the Secretary--
            (A) commercially available at the time the comparability of 
        the vehicle is being assessed;
            (B) powered by an internal combustion engine that utilizes 
        gasoline or diesel fuel as its fuel source; and
            (C) provides passenger capacity or payload capacity the same 
        or similar to the alternative fueled vehicle to which it is 
        being compared;

        (5) ``covered person'' means a person that owns, operates, 
    leases, or otherwise controls--
            (A) a fleet that contains at least 20 motor vehicles that 
        are centrally fueled or capable of being centrally fueled, and 
        are used primarily within a metropolitan statistical area or a 
        consolidated metropolitan statistical area, as established by 
        the Bureau of the Census, with a 1980 population of 250,000 or 
        more; and
            (B) at least 50 motor vehicles within the United States;

        (6) the term ``dedicated vehicle'' means--
            (A) a dedicated automobile, as such term is defined in 
        section 32901(a)(7) of title 49; or
            (B) a motor vehicle, other than an automobile, that operates 
        solely on alternative fuel;

        (7) the term ``domestic'' means derived from resources within 
    the several States, the District of Columbia, the Commonwealth of 
    Puerto Rico, the United States Virgin Islands, Guam, American Samoa, 
    the Commonwealth of the Northern Mariana Islands, or any other 
    Commonwealth, territory, or possession of the United States, 
    including the outer Continental Shelf, as such term is defined in 
    the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], or 
    from resources within a Nation with which there is in effect a free 
    trade agreement requiring national treatment for trade;
        (8) the term ``dual fueled vehicle'' means--
            (A) dual fueled automobile, as such term is defined in 
        section 32901(a)(8) of title 49; or
            (B) a motor vehicle, other than an automobile, that is 
        capable of operating on alternative fuel and is capable of 
        operating on gasoline or diesel fuel;

        (9) the term ``fleet'' means a group of 20 or more light duty 
    motor vehicles, used primarily in a metropolitan statistical area or 
    consolidated metropolitan statistical area, as established by the 
    Bureau of the Census, with a 1980 population of more than 250,000, 
    that are centrally fueled or capable of being centrally fueled and 
    are owned, operated, leased, or otherwise controlled by a 
    governmental entity or other person who owns, operates, leases, or 
    otherwise controls 50 or more such vehicles, by any person who 
    controls such person, by any person controlled by such person, and 
    by any person under common control with such person, except that 
    such term does not include--
            (A) motor vehicles held for lease or rental to the general 
        public;
            (B) motor vehicles held for sale by motor vehicle dealers, 
        including demonstration motor vehicles;
            (C) motor vehicles used for motor vehicle manufacturer 
        product evaluations or tests;
            (D) law enforcement motor vehicles;
            (E) emergency motor vehicles;
            (F) motor vehicles acquired and used for military purposes 
        that the Secretary of Defense has certified to the Secretary 
        must be exempt for national security reasons;
            (G) nonroad vehicles, including farm and construction motor 
        vehicles; or
            (H) motor vehicles which under normal operations are garaged 
        at personal residences at night;

        (10) the term ``fuel supplier'' means--
            (A) any person engaged in the importing, refining, or 
        processing of crude oil to produce motor fuel;
            (B) any person engaged in the importation, production, 
        storage, transportation, distribution, or sale of motor fuel; 
        and
            (C) any person engaged in generating, transmitting, 
        importing, or selling at wholesale or retail electricity;

        (11) the term ``light duty motor vehicle'' means a light duty 
    truck or light duty vehicle, as such terms are defined under section 
    7550(7) of this title, of less than or equal to 8,500 pounds gross 
    vehicle weight rating;
        (12) the term ``motor fuel'' means any substance suitable as a 
    fuel for a motor vehicle;
        (13) the term ``motor vehicle'' has the meaning given such term 
    under section 7550(2) of this title; and
        (14) the term ``replacement fuel'' means the portion of any 
    motor fuel that is methanol, ethanol, or other alcohols, natural 
    gas, liquefied petroleum gas, hydrogen, coal derived liquid fuels, 
    fuels (other than alcohol) derived from biological materials, 
    electricity (including electricity from solar energy), ethers, or 
    any other fuel the Secretary determines, by rule, is substantially 
    not petroleum and would yield substantial energy security benefits 
    and substantial environmental benefits.

(Pub. L. 102-486, title III, Sec. 301, Oct. 24, 1992, 106 Stat. 2866.)

                       References in Text

    This subchapter, referred to in text, was in the original ``this 
title'' meaning title III of Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 
2866, which enacted this subchapter, amended section 6374 of this title, 
and repealed provisions set out as a note under section 6374 of this 
title.
    Subchapter II of this chapter, referred to in text, was in the 
original ``title IV'' meaning title IV of Pub. L. 102-486, Oct. 24, 
1992, 106 Stat. 2875, which enacted subchapter II of this chapter, 
amended sections 6374a to 6374c of this title and sections 717, 717a, 
2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade, enacted 
provisions set out as notes under sections 79b and 717 of Title 15, and 
repealed provisions set out as a note under section 717c of Title 15.
    The Outer Continental Shelf Lands Act, referred to in par. (7), is 
act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified 
generally to subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 
43, Public Lands. For complete classification of this Act to the Code, 
see Short Title note set out under section 1331 of Title 43 and Tables.

                          Codification

    In pars. (6)(A) and (8)(A), ``section 32901(a)(7) of title 49'' 
substituted for ``section 513(h)(1)(C) of the Motor Vehicle Information 
and Cost Savings Act'' and ``section 32901(a)(8) of title 49'' 
substituted for ``section 513(h)(1)(D) of the Motor Vehicle Information 
and Cost Savings Act'' on authority of Pub. L. 103-272, Sec. 6(b), July 
5, 1994, 108 Stat. 1378, the first section of which enacted subtitles 
II, III, and V to X of Title 49, Transportation.

                  Section Referred to in Other Sections

    This section is referred to in section 6374 of this title.
