
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: 49USC32911]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 32911. Compliance

    (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. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1071; Pub. L. 103-
429, Sec. 6(40), Oct. 31, 1994, 108 Stat. 4382.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32911(a)..............................  15:2007(a)(3).                   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Secs.  507(a), 508(a); added Dec.
                                                                          22, 1
975, Pub. L. 94-163, Sec.  301,
                                                                          89 St
at. 911; Oct. 10, 1980, Pub. L.
                                                                          96-42
5, Sec.  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. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  507(b); added Oct. 10,
                                                                          1980,
 Pub. L. 96-425, Sec.  6(a)(2),
                                                                          94 St
at. 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. 103-429

    This makes a conforming amendment necessary because of the 
restatement of 15:2011 as 49:32918 by section 6(43)(A) of the bill.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-429 substituted ``, 32917(b), and 
32918'' for ``, and 32917(b)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 32912, 32913 of this title.
