
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: 49USC32908]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 32908. Fuel economy information

    (a) Definitions.--In this section--
        (1) ``automobile'' includes an automobile rated at not more than 
    8,500 pounds gross vehicle weight regardless of whether the 
    Secretary of Transportation has applied this chapter to the 
    automobile under section 32901(a)(3)(B) of this title.
        (2) ``dealer'' means a person residing or located in a State, 
    the District of Columbia, or a territory or possession of the United 
    States, and engaged in the sale or distribution of new automobiles 
    to the first person (except a dealer buying as a dealer) that buys 
    the automobile in good faith other than for resale.

    (b) Labeling Requirements and Contents.--(1) Under regulations of 
the Administrator of the Environmental Protection Agency, a manufacturer 
of automobiles shall attach a label to a prominent place on each 
automobile manufactured in a model year. The dealer shall maintain the 
label on the automobile. The label shall contain the following 
information:
        (A) the fuel economy of the automobile.
        (B) the estimated annual fuel cost of operating the automobile.
        (C) the range of fuel economy of comparable automobiles of all 
    manufacturers.
        (D) a statement that a booklet is available from the dealer to 
    assist in making a comparison of fuel economy of other automobiles 
    manufactured by all manufacturers in that model year.
        (E) the amount of the automobile fuel efficiency tax imposed on 
    the sale of the automobile under section 4064 of the Internal 
    Revenue Code of 1986 (26 U.S.C. 4064).
        (F) other information required or authorized by the 
    Administrator that is related to the information required by clauses 
    (A)-(D) of this paragraph.

    (2) The Administrator may allow a manufacturer to comply with this 
subsection by--
        (A) disclosing the information on the label required under 
    section 3 of the Automobile Information Disclosure Act (15 U.S.C. 
    1232); and
        (B) including the statement required by paragraph (1)(E) of this 
    subsection at a time and in a way that takes into account special 
    circumstances or characteristics.

    (3) For dedicated automobiles manufactured after model year 1992, 
the fuel economy of those automobiles under paragraph (1)(A) of this 
subsection is the fuel economy for those automobiles when operated on 
alternative fuel, measured under section 32905(a) or (c) of this title, 
multiplied by .15. Each label required under paragraph (1) of this 
subsection for dual fueled automobiles shall--
        (A) indicate the fuel economy of the automobile when operated on 
    gasoline or diesel fuel;
        (B) clearly identify the automobile as a dual fueled automobile;
        (C) clearly identify the fuels on which the automobile may be 
    operated; and
        (D) contain a statement informing the consumer that the 
    additional information required by subsection (c)(2) of this section 
    is published and distributed by the Secretary of Energy.

    (c) Fuel Economy Information Booklet.--(1) The Administrator shall 
prepare the booklet referred to in subsection (b)(1)(D) of this section. 
The booklet--
        (A) shall be simple and readily understandable;
        (B) shall contain information on fuel economy and estimated 
    annual fuel costs of operating automobiles manufactured in each 
    model year; and
        (C) may contain information on geographical or other differences 
    in estimated annual fuel costs.

    (2)(A) For dual fueled automobiles manufactured after model year 
1992, the booklet published under paragraph (1) shall contain additional 
information on--
        (i) the energy efficiency and cost of operation of those 
    automobiles when operated on gasoline or diesel fuel as compared to 
    those automobiles when operated on alternative fuel; and
        (ii) the driving range of those automobiles when operated on 
    gasoline or diesel fuel as compared to those automobiles when 
    operated on alternative fuel.

    (B) For dual fueled automobiles, the booklet published under 
paragraph (1) also shall contain--
        (i) information on the miles a gallon achieved by the 
    automobiles when operated on alternative fuel; and
        (ii) a statement explaining how the information made available 
    under this paragraph can be expected to change when the automobile 
    is operated on mixtures of alternative fuel and gasoline or diesel 
    fuel.

    (3) The Secretary of Energy shall publish and distribute the 
booklet. The Administrator shall prescribe regulations requiring dealers 
to make the booklet available to prospective buyers.
    (d) Disclosure.--A disclosure about fuel economy or estimated annual 
fuel costs under this section does not establish a warranty under a law 
of the United States or a State.
    (e) Violations.--A violation of subsection (b) of this section is--
        (1) a violation of section 3 of the Automobile Information 
    Disclosure Act (15 U.S.C. 1232); and
        (2) an unfair or deceptive act or practice in or affecting 
    commerce under the Federal Trade Commission Act (15 U.S.C. 41 et 
    seq.), except sections 5(m) and 18 (15 U.S.C. 45(m), 57a).

    (f) Consultation.--The Administrator shall consult with the Federal 
Trade Commission and the Secretaries of Transportation and Energy in 
carrying out this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1068; Pub. L. 103-
429, Sec. 6(37), Oct. 31, 1994, 108 Stat. 4382.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32908(a)..............................  15:2006(c)(2).                   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  506(a)(1)-(3), (b)(1), (2),
                                                                          (c)(1
), (2), (d), (e); added Dec. 22,
                                                                          1975,
 Pub. L. 94-163, Sec.  301, 89
                                                                          Stat.
 910; Nov. 9, 1978, Pub. L. 95-
                                                                          619, 
Secs.  401(a)(2), 403(a), (b), 92
                                                                          Stat.
 3254, 3256.
                                        15:2006(c)(3).                   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  506(c)(3); added Nov. 9,
                                                                          1978,
 Pub. L. 95-619, Sec.  401(a)(1),
                                                                          92 St
at. 3254.
32908(b)(1), (2)......................  15:2006(a)(1)-(3).
32908(b)(3)...........................  15:2006(a)(4).                   Oct. 2
0, 1972, Pub. L. 92-516, 86 Stat.
                                                                          947, 
Sec.  506(a)(4), (b)(3); added
                                                                          Oct. 
14, 1988, Pub. L. 100-494, Sec.
                                                                          8(a),
 102 Stat. 2452; Oct. 24, 1992,
                                                                          Pub. 
L. 102-486, Sec.  403(3), (4),
                                                                          106 S
tat. 2876.
                                        15:2006 (note).                  Oct. 1
4, 1988, Pub. L. 100-494, Sec.
                                                                          8(b),
 102 Stat. 2453.
32908(c)(1)...........................  15:2006(b)(1) (1st sentence).
32908(c)(2)...........................  15:2006(b)(3).
                                        15:2006 (note).
32908(c)(3)...........................  15:2006(b)(1) (last sentence),
                                         (2).
32908(d)..............................  15:2006(d).
32908(e)..............................  15:2006(c)(1).
32908(f)..............................  15:2006(e).
-------------------------------------------------------------------------------
---------------------------------

    In this section, references to the Secretary of Energy are 
substituted for references to the Administrator of the Federal Energy 
Administration because of 42:7151.
    In subsection (a)(1), the words ``regardless of whether the 
Secretary of Transportation has applied this chapter to the automobile'' 
are substituted for ``notwithstanding any lack of determination required 
of the Secretary'' for consistency with section 32901(b) of the revised 
title.
    In subsection (a)(2), the words ``means a person residing or located 
in a State, the District of Columbia, or a territory or possession of 
the United States, and engaged in the sale or distribution of new 
automobiles to the first person (except a dealer buying as a dealer) 
that buys the automobile in good faith other than for resale'' are 
substituted for ``has the same meaning as such term has in section 2(e) 
of the Automobile Information Disclosure Act (15 U.S.C. 1231(e))'' to 
include the words of 15:1231(e) and (g) in the subsection for clarity. 
The words ``territory or possession'' are substituted for ``Territory'' 
for consistency in the revised title and with other titles of the United 
States Code. The words ``except that in applying such term to this 
section, the term `automobile' has the same meaning as such term has in 
section 2001(1) of this title (taking into account paragraph (3) of this 
subsection)'' are omitted as surplus.
    In subsection (b)(1), before clause (A), the text of 15:2006(a)(2) 
is omitted as executed. The words ``Except as otherwise provided in 
paragraph (2)'' are omitted as surplus because 15:2006(a)(2) is executed 
and is not part of the revised title. The words ``Under regulations of 
the Administrator of the Environmental Protection Agency'' are 
substituted for ``as determined in accordance with rules of the EPA 
Administrator'' and the text of 15:2006(a)(3) (1st, 2d sentences) to 
eliminate unnecessary words, for consistency in the revised title, and 
because ``rules'' is synonymous with ``regulations''. The word 
``attach'' is substituted for ``cause to be affixed'', to eliminate 
unnecessary words. The words ``after model year 1976'' are omitted as 
executed. The words ``The label shall contain the following 
information'' are substituted for ``indicating'' and ``containing'' for 
clarity. In clause (C), the words ``of all manufacturers'' are 
substituted for ``(whether or not manufactured by such manufacturer)'' 
to eliminate unnecessary words. In clause (D), the words ``a booklet is 
available from the dealer to assist in making a comparison of fuel 
economy of other automobiles manufactured by all manufacturers in that 
model year'' are substituted for ``written information (as described in 
subsection (b)(1) of this section) with respect to the fuel economy of 
other automobiles manufactured in such model year (whether or not 
manufactured by such manufacturer) is available from the dealer in order 
to facilitate comparison among the various model types'' to eliminate 
unnecessary words. In clause (E), the words ``automobile fuel efficiency 
tax imposed on the sale of the automobile under section 4064 of the 
Internal Revenue Code of 1986 (26 U.S.C. 4064)'' are substituted for 
``in the case of any automobile, the sale of which is subject to any 
Federal tax imposed with respect to automobile fuel efficiency, a 
statement indicating the amount of such tax'' for clarity.
    In subsection (b)(3)(D), the words ``Secretary of Energy'' are 
substituted for ``Department of Energy'' because of 42:7131.
    In subsection (c)(1), before clause (A), the words ``compile and'' 
are omitted as surplus.
    In subsection (c)(3), the words ``not later than July 31, 1976'' are 
omitted as executed. The words ``make the booklet available to 
prospective buyers'' are substituted for ``make available to prospective 
purchasers information compiled by the EPA Administrator under paragraph 
(1)'' to eliminate unnecessary words.
    In subsection (d), the words ``which is required to be made'', ``an 
express or implied'', and ``that such fuel economy will be achieved, or 
that such cost will not be exceeded, under conditions of actual use'' 
are omitted as surplus.
    In subsection (f), the words ``his duties under'' are omitted as 
surplus.


                             Pub. L. 103-429

    This amends 49:32908(b)(1) to clarify the restatement of 
15:2006(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103-
272, 108 Stat. 1068).

                       References in Text

    The Federal Trade Commission Act, referred to in subsec. (e)(2), is 
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is 
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of 
Title 15, Commerce and Trade. For complete classification of this Act to 
the Code, see section 58 of Title 15 and Tables.


                               Amendments

    1994--Subsec. (b)(1). Pub. L. 103-429 inserted ``on the automobile'' 
after ``maintain the label'' in introductory provisions.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 32304, 32901, 32904, 32909, 
32911, 32918 of this title.
