
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: 49USC32918]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 32918. Retrofit devices

    (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 
manufacturer's 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 
Administrator's 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. 103-429, Sec. 6(43)(B), Oct. 31, 1994, 108 Stat. 4382.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
32918.................................  15:2011.                         Oct. 2
0, 1972, Pub. L. 92-513, Sec.
                                                                          511, 
as added Dec. 22, 1975, Pub. L.
                                                                          94-16
3, Sec.  301, 89 Stat. 915, and
                                                                          amend
ed July 5, 1994, Pub. L. 103-272,
                                                                          Sec. 
 4(c), 108 Stat. 1361.
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---------------------------------

    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 
103-272, 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.


                            Prior Provisions

    A prior section 32918 was renumbered section 32919 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 32911 of this title.
