
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC32901]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 32901. Definitions

    (a) General.--In this chapter--
        (1) ``alternative fuel'' means--
            (A) methanol;
            (B) denatured ethanol;
            (C) other alcohols;
            (D) except as provided in subsection (b) of this section, a 
        mixture containing at least 85 percent of methanol, denatured 
        ethanol, and other alcohols by volume with gasoline or other 
        fuels;
            (E) natural gas;
            (F) liquefied petroleum gas;
            (G) hydrogen;
            (H) coal derived liquid fuels;
            (I) fuels (except alcohol) derived from biological 
        materials;
            (J) electricity (including electricity from solar energy); 
        and
            (K) any other fuel the Secretary of Transportation 
        prescribes by regulation that is not substantially petroleum and 
        that would yield substantial energy security and environmental 
        benefits.

        (2) ``alternative fueled automobile'' means an automobile that 
    is a--
            (A) dedicated automobile; or
            (B) dual fueled automobile.

        (3) except as provided in section 32908 of this title, 
    ``automobile'' means a 4-wheeled vehicle that is propelled by fuel, 
    or by alternative fuel, manufactured primarily for use on public 
    streets, roads, and highways (except a vehicle operated only on a 
    rail line), and rated at--
            (A) not more than 6,000 pounds gross vehicle weight; or
            (B) more than 6,000, but less than 10,000, pounds gross 
        vehicle weight, if the Secretary decides by regulation that--
                (i) an average fuel economy standard under this chapter 
            for the vehicle is feasible; and
                (ii) an average fuel economy standard under this chapter 
            for the vehicle will result in significant energy 
            conservation or the vehicle is substantially used for the 
            same purposes as a vehicle rated at not more than 6,000 
            pounds gross vehicle weight.

        (4) ``automobile manufactured by a manufacturer'' includes every 
    automobile manufactured by a person that controls, is controlled by, 
    or is under common control with the manufacturer, but does not 
    include an automobile manufactured by the person that is exported 
    not later than 30 days after the end of the model year in which the 
    automobile is manufactured.
        (5) ``average fuel economy'' means average fuel economy 
    determined under section 32904 of this title.
        (6) ``average fuel economy standard'' means a performance 
    standard specifying a minimum level of average fuel economy 
    applicable to a manufacturer in a model year.
        (7) ``dedicated automobile'' means an automobile that operates 
    only on alternative fuel.
        (8) ``dual fueled automobile'' means an automobile that--
            (A) is capable of operating on alternative fuel and on 
        gasoline or diesel fuel;
            (B) provides equal or superior energy efficiency, as 
        calculated for the applicable model year during fuel economy 
        testing for the United States Government, when operating on 
        alternative fuel as when operating on gasoline or diesel fuel;
            (C) for model years 1993-1995 for an automobile capable of 
        operating on a mixture of an alternative fuel and gasoline or 
        diesel fuel and if the Administrator of the Environmental 
        Protection Agency decides to extend the application of this 
        subclause, for an additional period ending not later than the 
        end of the last model year to which section 32905(b) and (d) of 
        this title applies, provides equal or superior energy 
        efficiency, as calculated for the applicable model year during 
        fuel economy testing for the Government, when operating on a 
        mixture of alternative fuel and gasoline or diesel fuel 
        containing exactly 50 percent gasoline or diesel fuel as when 
        operating on gasoline or diesel fuel; and
            (D) for a passenger automobile, meets or exceeds the minimum 
        driving range prescribed under subsection (c) of this section.

        (9) ``fuel'' means--
            (A) gasoline;
            (B) diesel oil; or
            (C) other liquid or gaseous fuel that the Secretary decides 
        by regulation to include in this definition as consistent with 
        the need of the United States to conserve energy.

        (10) ``fuel economy'' means the average number of miles traveled 
    by an automobile for each gallon of gasoline (or equivalent amount 
    of other fuel) used, as determined by the Administrator under 
    section 32904(c) of this title.
        (11) ``import'' means to import into the customs territory of 
    the United States.
        (12) ``manufacture'' (except under section 32902(d) of this 
    title) means to produce or assemble in the customs territory of the 
    United States or to import.
        (13) ``manufacturer'' means--
            (A) a person engaged in the business of manufacturing 
        automobiles, including a predecessor or successor of the person 
        to the extent provided under regulations prescribed by the 
        Secretary; and
            (B) if more than one person is the manufacturer of an 
        automobile, the person specified under regulations prescribed by 
        the Secretary.

        (14) ``model'' means a class of automobiles as decided by 
    regulation by the Administrator after consulting and coordinating 
    with the Secretary.
        (15) ``model year'', when referring to a specific calendar year, 
    means--
            (A) the annual production period of a manufacturer, as 
        decided by the Administrator, that includes January 1 of that 
        calendar year; or
            (B) that calendar year if the manufacturer does not have an 
        annual production period.

        (16) ``passenger automobile'' means an automobile that the 
    Secretary decides by regulation is manufactured primarily for 
    transporting not more than 10 individuals, but does not include an 
    automobile capable of off-highway operation that the Secretary 
    decides by regulation--
            (A) has a significant feature (except 4-wheel drive) 
        designed for off-highway operation; and
            (B) is a 4-wheel drive automobile or is rated at more than 
        6,000 pounds gross vehicle weight.

    (b) Authority To Change Percentage.--The Secretary may prescribe 
regulations changing the percentage referred to in subsection (a)(1)(D) 
of this section to not less than 70 percent because of requirements 
relating to cold start, safety, or vehicle functions.
    (c) Minimum Driving Ranges for Dual Fueled Passenger Automobiles.--
(1) The Secretary shall prescribe by regulation the minimum driving 
range that dual fueled automobiles that are passenger automobiles must 
meet when operating on alternative fuel to be dual fueled automobiles 
under sections 32905 and 32906 of this title. A determination whether a 
dual fueled automobile meets the minimum driving range requirement under 
this paragraph shall be based on the combined Agency city/highway fuel 
economy as determined for average fuel economy purposes for those 
automobiles.
    (2)(A) The Secretary may prescribe a lower range for a specific 
model than that prescribed under paragraph (1) of this subsection. A 
manufacturer may petition for a lower range than that prescribed under 
paragraph (1) for a specific model.
    (B) The minimum driving range prescribed for dual fueled automobiles 
(except electric automobiles) under subparagraph (A) of this paragraph 
or paragraph (1) of this subsection must be at least 200 miles.
    (C) If the Secretary prescribes a minimum driving range of 200 miles 
for dual fueled automobiles (except electric automobiles) under 
paragraph (1) of this subsection, subparagraph (A) of this paragraph 
does not apply to dual fueled automobiles (except electric automobiles).
    (3) In prescribing a minimum driving range under paragraph (1) of 
this subsection and in taking an action under paragraph (2) of this 
subsection, the Secretary shall consider the purpose set forth in 
section 3 of the Alternative Motor Fuels Act of 1988 (Public Law 100-
494, 102 Stat. 2442), consumer acceptability, economic practicability, 
technology, environmental impact, safety, drivability, performance, and 
other factors the Secretary considers relevant.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1056.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32901(a)(1)...........................  15:2013(h)(1)(A) (less words in  Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                         1st parentheses).                947, 
Sec.  513(h); added Oct. 14,
                                                                          1988,
 Pub. L. 100-494, Sec.  6(a), 102
                                                                          Stat.
 2450; Oct. 24, 1992, Pub. L. 102-
                                                                          486, 
Sec.  403(5)(H), (I), 106 Stat.
                                                                          2878.
32901(a)(2)...........................  15:2013(h)(1)(B).
32901(a)(3)...........................  15:2001(1).                      Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  501(1); added Dec. 22,
                                                                          1975,
 Pub. L. 94-163, Sec.  301, 89
                                                                          Stat.
 901; Oct. 14, 1988, Pub. L. 100-
                                                                          494, 
Sec.  6(b), 102 Stat. 2452; Oct.
                                                                          24, 1
992, Pub. L. 102-486, Sec.
                                                                          403(1
), 106 Stat. 2876.
                                        15:2001(13), (14).               Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Secs.  501(2)-(7), (10)-(14),
                                                                          503(c
); added Dec. 22, 1975, Pub. L.
                                                                          94-16
3, Sec.  301, 89 Stat. 901, 902,
                                                                          907.
32901(a)(4)...........................  15:2003(c).
32901(a)(5)...........................  15:2001(4).
32901(a)(6)...........................  15:2001(7).
32901(a)(7)...........................  15:2013(h)(1)(C).
32901(a)(8)...........................  15:2001(h)(1)(D).
32901(a)(9)...........................  15:2001(5).
32901(a)(10)..........................  15:2001(6).
32901(a)(11)..........................  15:2001(10).
32901(a)(12)..........................  15:2001(9).                      Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  501(8), (9); added Dec. 22,
                                                                          1975,
 Pub. L. 94-163, Sec.  301, 89
                                                                          Stat.
 902; Oct. 10, 1980, Pub. L. 96-
                                                                          425, 
Secs.  4(c)(1), 8(b), 94 Stat.
                                                                          1824,
 1828.
32901(a)(13)..........................  15:2001(8).
32901(a)(14)..........................  15:2001(11).
32901(a)(15)..........................  15:2001(12).
32901(a)(16)..........................  15:2001(2), (3).
32901(b)..............................  15:2013(h)(1)(A) (words in 1st
                                         parentheses).
32901(c)(1)...........................  15:2013(h)(2)(A).
32901(c)(2)...........................  15:2013(h)(2)(B), (C).
32901(c)(3)...........................  15:2013(h)(2)(D).
-------------------------------------------------------------------------------
---------------------------------

    In this chapter, the word ``model'' is substituted for ``model 
type'' for consistency in this part.
    In subsection (a)(3), before clause (A), the words ``except as 
provided in section 32908 of this title'' are added for clarity. The 
word ``line'' is added for consistency in the revised title and with 
other titles of the United States Code. The words ``or rails'' are 
omitted because of 1:1. The text of 15:2001(1) (last sentence) is 
omitted because of 49:322(a). The text of 15:2001(13) and (14) is 
omitted as surplus because the complete names of the Secretary of 
Transportation and Administrator of the Environmental Protection Agency 
are used the first time the terms appear in a section. The text of 
15:2001 (related to 15:2011) is omitted because 15:2011 is outside the 
scope of the restatement. See section 4(c) of the bill.
    In subsection (a)(4), the words `` `automobile manufactured by a 
manufacturer' includes'' are substituted for ``Any reference in this 
subchapter to automobiles manufactured by a manufacturer shall be 
deemed--(1) to include'' to eliminate unnecessary words. The word 
``every'' is substituted for ``all'' because of the restatement. The 
words ``but does not include'' are substituted for ``to exclude'' for 
consistency. The words ``manufactured by the person'' are substituted 
for ``manufactured (within the meaning of paragraph (1))'' to eliminate 
unnecessary words.
    In subsection (a)(10), the words ``in accordance with procedures 
established'' are omitted as surplus.
    In subsection (a)(14), the word ``particular'' is omitted as 
surplus.
    Subsection (a)(15)(B) is substituted for ``If a manufacturer has no 
annual production period, the term `model year' means the calendar 
year'' to eliminate unnecessary words.
    In subsection (a)(16), before clause (A), the words ``but does not 
include an automobile capable of off-highway operation that'' are 
substituted for ``(other than an automobile capable of off-highway 
operation)'' and ``The term `automobile capable of off-highway 
operation' means any automobile which'' to eliminate unnecessary words.
    In subsection (b), the words ``The Secretary may prescribe 
regulations changing the percentage . . . to not less than 70 percent 
because of'' are substituted for ``but not less than 70 percent, as 
determined by the Secretary, by rule, to provide for'' for clarity and 
because of the restatement.
    In subsection (c)(1), the words ``For purposes of the definitions in 
paragraph (1)(D)'' are omitted as unnecessary because of the 
restatement. The words ``within 18 months after October 14, 1988'' are 
omitted as obsolete. The words ``prescribe by regulation'' are 
substituted for ``establish by rule of general applicability'' for 
clarity and consistency in the revised title and with other titles of 
the United States Code and because ``rule'' is synonymous with 
``regulation''. The words ``that are passenger automobiles'' are 
substituted for ``The rule issued under this subparagraph shall apply 
only to dual fueled automobiles that are passenger automobiles'' to 
eliminate unnecessary words.

                       References in Text

    Section 3 of the Alternative Motor Fuels Act of 1988, referred to in 
subsec. (c)(3), is section 3 of Pub. L. 100-494, which is set out as a 
note under section 6374 of Title 42, The Public Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 30501, 32906, 32908, 32909, 
33101 of this title; title 15 section 2011; title 26 section 4064; title 
42 sections 6291, 6374, 13211.
