49 U.S.C. § 32908

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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.

(g) CONSUMER INFORMATION.-

(1) PROGRAM.-The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and implement by rule a program to require manufacturers-

(A) to label new automobiles sold in the United States with-

(i) information reflecting an automobile's performance on the basis of criteria that the Administrator shall develop, not later than 18 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act, to reflect fuel economy and greenhouse gas and other emissions over the useful life of the automobile;

(ii) a rating system that would make it easy for consumers to compare the fuel economy and greenhouse gas and other emissions of automobiles at the point of purchase, including a designation of automobiles-

(I) with the lowest greenhouse gas emissions over the useful life of the vehicles; and

(II) the highest fuel economy; and

(iii) a permanent and prominent display that an automobile is capable of operating on an alternative fuel; and

(B) to include in the owner's manual for vehicles capable of operating on alternative fuels information that describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels.

(2) CONSUMER EDUCATION.-

(A) IN GENERAL.-The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and implement by rule a consumer education program to improve consumer understanding of automobile performance described in paragraph (1)(A)(i) and to inform consumers of the benefits of using alternative fuel in automobiles and the location of stations with alternative fuel capacity.

(B) FUEL SAVINGS EDUCATION CAMPAIGN.-The Secretary of Transportation shall establish a consumer education campaign on the fuel savings that would be recognized from the purchase of vehicles equipped with thermal management technologies, including energy efficient air conditioning systems and glass.

(3) FUEL TANK LABELS FOR ALTERNATIVE FUEL AUTOMOBILES.-The Secretary of Transportation shall by rule require a label to be attached to the fuel compartment of vehicles capable of operating on alternative fuels, with the form of alternative fuel stated on the label. A label attached in compliance with the requirements of section 32905(h) ¹ is deemed to meet the requirements of this paragraph.

(4) RULEMAKING DEADLINE.-The Secretary of Transportation shall issue a final rule under this subsection not later than 42 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act.

¹ See References in Text note below.

49 U.S.C. § 32908

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1068; Pub. L. 103-429, §6(37), Oct. 31, 1994, 108 Stat. 4382; Pub. L. 110-140, title I, §105, Dec. 19, 2007, 121 Stat. 1503.

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. 20, 1972, Pub. L. 92-513, 86 Stat. 947, §506(a)(1)-(3), (b)(1), (2), (c)(1), (2), (d), (e); added Dec. 22, 1975, Pub. L. 94-163, §301, 89 Stat . 910; Nov. 9, 1978, Pub. L. 95-619, §§401(a)(2), 403 (a), (b), 92 Stat. 3254, 3256.
	15:2006(c)(3).	Oct. 20, 1972, Pub. L. 92-513, 86 Stat. 947, §506(c)(3); added Nov. 9, 1978, Pub. L. 95-619, §401(a)(1), 92 Stat . 3254.
32908(b)(1), (2)	15:2006(a)(1)-(3).
32908(b)(3)	15:2006(a)(4).	Oct. 20, 1972, Pub. L. 92-516, 86 Stat. 947, §506(a)(4), (b)(3); added Oct. 14, 1988, Pub. L. 100-494, §8(a), 102 Stat . 2452; Oct. 24, 1992, Pub. L. 102-486, §403(3), (4), 106 Stat. 2876.
	15:2006 (note).	Oct. 14, 1988, Pub. L. 100-494, §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. 103-429This 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).

EDITORIAL NOTES

REFERENCES IN TEXTThe Federal Trade Commission Act, referred to in subsec. (e)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§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. The date of the enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (g)(1)(A)(i), (4), is the date of enactment of subtitle A (§§101-113) of title I of Pub. L. 110-140 which was approved Dec. 19, 2007.Subsection (h) of section 32905 of this title, referred to in subsec. (g)(3), was redesignated subsec. (f) by Pub. L. 110-140, title I, §109(b)(4), Dec. 19, 2007, 121 Stat. 1506, and subsequently was redesignated subsec. (g) by Pub. L. 113-291, div. A, title III, §318(c)(1), Dec. 19, 2014, 128 Stat. 3341.

AMENDMENTS2007-Subsec. (g). Pub. L. 110-140 added subsec. (g).1994-Subsec. (b)(1). Pub. L. 103-429 inserted "on the automobile" after "maintain the label" in introductory provisions.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140 set out as an Effective Date note under section 1824 of Title 2, The Congress.

PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY LABELING PROCEDURES Pub. L. 110-140, title I, §110, Dec. 19, 2007, 121 Stat. 1506, provided that: "Beginning in December 2009, and not less often than every 5 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall-"(1) reevaluate the fuel economy labeling procedures described in the final rule published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts 86 and 600) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; and"(2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the results of the reevaluation process."

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.

dual fueled automobile

"dual fueled automobile" means an automobile that-(A) is capable of operating on alternative fuel or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as "B20") 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.

fuel economy

"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.

fuel

"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.

manufacturer

"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.

model

"model" means a class of automobiles as decided by regulation by the Administrator after consulting and coordinating with the Secretary.