I 

110TH CONGRESS 

1ST SESSION H. R. 2492 

To protect the welfare of consumers by prohibiting price gouging with respect 

to road transportation fuel or domestic heating fuel during certain abnormal market disruptions. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2007 

Mr. UPTON (for himself, Mr. BLUNT, Mr. ADERHOLT, Mr. SHIMKUS, Mr. 

ROSKAM, Mr. CAMP of Michigan, Mr. ENGLISH of Pennsylvania, Mr. 

PICKERING, Mr. HALL of Texas, Mr. KIRK, Mr. TERRY, and Mr. WALDEN of Oregon) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Armed Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To protect the welfare of consumers by prohibiting price 

gouging with respect to road transportation fuel or domestic heating fuel during certain abnormal market disruptions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘The Motorist’s Bill 

3 of Rights: Increasing Gas Supply, Reducing Demand, and 

4 Protecting Consumers from Gouging’’. 

5 TITLE I—PROTECTION OF CON6 SUMERS AGAINST PRICE 

7 GOUGING 

8 SEC. 101. PROTECTION OF CONSUMERS AGAINST PRICE 

9 GOUGING. 

10 (a) CONDUCT PROHIBITED.—It shall be unlawful for 

11 any supplier to increase the price at which that supplier 

12 sells, or offers to sell, road transportation fuel or domestic 

13 heating fuel in an area covered by a Presidential procla14 mation issued under section 102 by an unconscionable 

15 amount during the period beginning on the date the proc16 lamation is issued and ending on the date specified in the 

17 proclamation. 

18 (b) JUSTIFIABLE PRICE INCREASES.— 

19 (1) IN GENERAL.—The prohibition in sub20 section (a) shall not apply to the extent that the in21 crease in the price of the road transportation fuel or 

22 domestic heating fuel is substantially attributable 

23 to— 

24 (A) an increase in the wholesale cost of 

25 road transportation fuel or domestic heating 

26 fuel to a retail seller or reseller; 

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1 (B) an increase in the replacement costs 

2 for road transportation fuel or domestic heating 

3 fuel sold; 

4 (C) an increase in operational costs; or 

5 (D) local, regional, national, or inter6 national market conditions. 

7 (2) OTHER MITIGATING FACTORS.—In deter8 mining whether a violation of this section has oc9 curred, there also shall be taken into account, 

10 among other factors, the price that would reasonably 

11 equate supply and demand in a competitive and free12 ly functioning market and whether the price at 

13 which the road transportation fuel or domestic heat14 ing fuel was sold reasonably reflects other additional 

15 costs or risks, not within the control of the seller, 

16 that were paid or incurred by the seller. 

17 SEC. 102. ENERGY EMERGENCY PROCLAMATIONS AND OR18 DERS. 

19 (a) SCOPE AND DURATION.—The President may 

20 issue an energy emergency proclamation when an abnor21 mal market disruption has occurred or is reasonably ex22 pected to occur. The emergency proclamation shall specify 

23 with particularity— 

24 (1) the period for which the proclamation ap25 plies; 

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1 (2) the area or region to which it applies; and 

2 (3) the event, circumstance, or condition that is 

3 the reason such a proclamation is determined to be 

4 necessary. 

5 (b) LIMITATIONS.—An emergency proclamation 

6 issued under subsection (a)— 

7 (1) may not apply for a period of more than 30 

8 consecutive days, but may be renewed for a consecu9 tive 30-day period; and 

10 (2) may be issued not more than 7 days pre11 ceding the reasonably expected occurrence of the 

12 event, circumstance, or condition that is the reason 

13 such a proclamation is determined to be necessary. 

14 SEC. 103. ENFORCEMENT BY FEDERAL TRADE COMMIS15 SION. 

16 (a) VIOLATION IS UNFAIR OR DECEPTIVE ACT OR

17 PRACTICE.—A violation of section 101 shall be treated as 

18 a violation of a rule defining an unfair or deceptive act 

19 or practice prescribed under section 18(a)(1)(B) of the 

20 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

21 (b) ACTIONS BY THE COMMISSION.—The Commis22 sion shall prevent any supplier from violating section 101 

23 in the same manner, by the same means, and with the 

24 same jurisdiction, powers, and duties as though all appli25 cable terms and provisions of the Federal Trade Commismstockstill on PROD1PC66 with BILLS

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1 sion Act (15 U.S.C. 41 et seq.) were incorporated into and 

2 made a part of this Act. Any entity that violates section 

3 101 is subject to the penalties and entitled to the privi4 leges and immunities provided in the Federal Trade Com5 mission Act in the same manner, by the same means, and 

6 with the same jurisdiction, power, and duties as though 

7 all applicable terms and provisions of the Federal Trade 

8 Commission Act were incorporated into and made a part 

9 of this title. 

10 (c) REGULATIONS.—Not later than 180 days after 

11 the date of enactment of this title, the Federal Trade 

12 Commission shall prescribe such regulations as may be 

13 necessary or appropriate to implement this title. 

14 SEC. 104. PENALTIES. 

15 (a) CIVIL PENALTY.— 

16 (1) IN GENERAL.—In addition to any penalty 

17 applicable under the Federal Trade Commission Act 

18 any supplier who violates this title is punishable by 

19 a civil penalty of— 

20 (A) not more than $500,000, in the case of 

21 an independent small business marketer of gas22 oline (within the meaning of section 324(c) of 

23 the Clean Air Act (42 U.S.C. 7625(c))); and 

24 (B) not more than $5,000,000 in the case 

25 of any other supplier. 

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1 (2) METHOD OF ASSESSMENT.—The penalty 

2 provided by paragraph (1) shall be obtained in the 

3 same manner as civil penalties obtained under sec4 tion 5 of the Federal Trade Commission Act (15 

5 U.S.C. 45). 

6 (3) MULTIPLE OFFENSES; MITIGATING FAC7 TORS.—In assessing the penalty provided by sub8 section (a)— 

9 (A) a court shall take into consideration 

10 the seriousness of the violation and the efforts 

11 of the supplier committing the violation to rem12 edy the harm caused by the violation in a time13 ly manner; and 

14 (B) each determination that road transpor15 tation fuel or domestic heating fuel have been 

16 sold or offered for sale in the area and during 

17 the period covered by a proclamation issued 

18 under section 102 by an unconscionable amount 

19 shall be considered a single violation. 

20 (b) CRIMINAL PENALTY.— 

21 (1) IN GENERAL.—In addition to any penalty 

22 applicable under the Federal Trade Commission Act, 

23 the violation of section 101 is punishable by a fine 

24 of not more than $1,000,000, imprisonment for not 

25 more than 2 years, or both. 

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1 (2) ENFORCEMENT.—The criminal penalty pro2 vided by paragraph (1) may be imposed only pursu3 ant to a criminal action brought by the Attorney 

4 General or other officer of the Department of Jus5 tice. 

6 SEC. 105. DEFINITIONS. 

7 In this Act the following definitions apply: 

8 (1) ABNORMAL MARKET DISRUPTION.—The 

9 term ‘‘abnormal market disruption’’ means there is 

10 a reasonable likelihood that there will be an increase 

11 in the average price of road transportation fuel or 

12 domestic heating fuel as a result of a change in the 

13 market, whether actual or imminently threatened, 

14 resulting from extreme weather, a natural disaster, 

15 strike, civil disorder, war, military action, a national 

16 or local emergency, or other similar cause, that ad17 versely affects the availability or delivery road trans18 portation fuel or domestic heating fuel. 

19 (2) ROAD TRANSPORTATION FUEL OR DOMES20 TIC HEATING FUEL.—The term ‘‘road transportation 

21 fuel or domestic heating fuel’’ means those products 

22 used as transportation fuel or for home heating but 

23 does not include jet fuel. 

24 (3) REPLACEMENT COSTS.—The term ‘‘replace25 ment costs’’ means, with respect to a supplier to 

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1 whom section 101 applies, costs to that supplier de2 termined by referencing either— 

3 (A) the actual or anticipated replacement 

4 cost as evidenced by bills of sale, invoices, or 

5 other appropriate documentation; or 

6 (B) the cost for road transportation fuel or 

7 domestic heating fuel in the relevant market at 

8 the time of the sale or offer for sale that is the 

9 subject of a violation of section 101, plus actual 

10 storage, transportation, and delivery costs. 

11 (4) SUPPLIER.—The term ‘‘supplier’’ means 

12 any person engaged in the trade or business of sell13 ing, reselling, at retail or wholesale, or distributing 

14 road transportation fuel or domestic heating fuel. 

15 (5) UNCONSCIONABLE AMOUNT.—The term 

16 ‘‘unconscionable amount’’ means, with respect to 

17 any supplier to whom section 101 applies, a signifi18 cant increase in the price at which road transpor19 tation fuel or domestic heating fuel are sold or of20 fered for sale by that supplier that increases the 

21 price, for the same grade of gasoline or petroleum 

22 distillate, to an amount that— 

23 (A) substantially exceeds the average price 

24 at which road transportation fuel or domestic 

25 heating fuel were sold or offered for sale by 

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1 that supplier during the 30-day period imme2 diately preceding the sale or offer; 

3 (B) substantially exceeds the average price 

4 at which road transportation fuel or domestic 

5 heating fuel were sold or offered for sale by 

6 that supplier’s competitors during the period 

7 for which the emergency proclamation applies; 

8 and 

9 (C) cannot be justified by taking into ac10 count the factors described in section 101(b). 

11 SEC. 106. EFFECTIVE DATE. 

12 This title shall take effect on the date on which a 

13 final rule issued by the Federal Trade Commission under 

14 section 5(c) of the Federal Trade Commission Act is pub15 lished in the Federal Register. 

16 TITLE II—SCHEDULES FOR THE 

17 CONSIDERATION OF PERMITS 

18 FOR REFINERIES 

19 SEC. 201. DEFINITIONS. 

20 For purposes of this Act— 

21 (1) the term ‘‘Administrator’’ means the Ad22 ministrator of the Environmental Protection Agency; 

23 (2) the term ‘‘applicant’’ means a person who 

24 is seeking a Federal refinery authorization; 

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1 (3) the term ‘‘biomass’’ has the meaning given 

2 that term in section 932(a)(1) of the Energy Policy 

3 Act of 2005; 

4 (4) the term ‘‘Federal refinery authorization’’— 

5 (A) means any authorization required 

6 under Federal law, whether administered by a 

7 Federal or State administrative agency or offi8 cial, with respect to siting, construction, expan9 sion, or operation of a refinery; and 

10 (B) includes any permits, licenses, special 

11 use authorizations, certifications, opinions, or 

12 other approvals required under Federal law 

13 with respect to siting, construction, expansion, 

14 or operation of a refinery; 

15 (5) the term ‘‘Indian lands’’ means lands held 

16 in trust for the benefit of an Indian tribe or indi17 vidual or held by an Indian tribe or individual sub18 ject to a restriction by the United States against 

19 alienation; 

20 (6) the term ‘‘Indian tribe’’ has the meaning 

21 given the term in section 4 of the Indian Self-Deter22 mination and Education Assistance Act (25 U.S.C. 

23 450b); 

24 (7) the term ‘‘refinery’’ means— 

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1 (A) a facility designed and operated to re2 ceive, load, unload, store, transport, process, 

3 and refine crude oil or oil originally derived 

4 from crude oil by any chemical or physical proc5 ess, including distillation, fluid catalytic crack6 ing, hydrocracking, coking, alkylation, 

7 etherification, polymerization, catalytic reform8 ing, isomerization, hydrotreating, blending, and 

9 any combination thereof, in order to produce 

10 gasoline, distillate, or lubricating base oil; 

11 (B) a facility designed and operated to re12 ceive, load, unload, store, transport, process, 

13 and refine coal by any chemical or physical 

14 process, including liquefaction, in order to 

15 produce gasoline or diesel as its primary out16 put; or 

17 (C) a facility designed and operated to re18 ceive, load, unload, store, transport, process (in19 cluding biochemical, photochemical, and bio20 technology processes), and refine biomass in 

21 order to produce biofuel; 

22 (8) the term ‘‘State’’ means a State, the Dis23 trict of Columbia, the Commonwealth of Puerto 

24 Rico, and any other territory or possession of the 

25 United States; and 

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1 (9) the term ‘‘tribal organization’’ has the 

2 meaning given the term in section 4 of the Indian 

3 Self-Determination and Education Assistance Act 

4 (25 U.S.C. 450b). 

5 SEC. 202. STATE AND TRIBAL ORGANIZATION ASSISTANCE. 

6 (a) FINANCIAL ASSISTANCE.—At the request of a 

7 governor of a State, or at the request of a tribal organiza8 tion, the Administrator is authorized to provide financial 

9 assistance to that State or Indian tribe to facilitate the 

10 hiring of additional personnel to assist the State or Indian 

11 tribe with expertise in fields relevant to consideration of 

12 Federal refinery authorizations. 

13 (b) OTHER ASSISTANCE.—At the request of a gov14 ernor of a State, or at the request of a tribal organization, 

15 a Federal agency responsible for a Federal refinery au16 thorization shall provide technical, legal, or other non17 financial assistance to that State or Indian tribe to facili18 tate its consideration of Federal refinery authorizations. 

19 SEC. 203. REFINERY PROCESS COORDINATION AND PROCE20 DURES. 

21 (a) APPOINTMENT OF FEDERAL COORDINATOR.— 

22 (1) IN GENERAL.—The President shall appoint 

23 a Federal coordinator to perform the responsibilities 

24 assigned to the Federal coordinator under this Act. 

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1 (2) OTHER AGENCIES.—Each Federal and 

2 State agency or official required to provide a Fed3 eral refinery authorization shall cooperate with the 

4 Federal coordinator. 

5 (b) FEDERAL REFINERY AUTHORIZATIONS.— 

6 (1) MEETING PARTICIPANTS.—Not later than 

7 30 days after receiving a notification from an appli8 cant that the applicant is seeking a Federal refinery 

9 authorization pursuant to Federal law, the Federal 

10 coordinator appointed under subsection (a) shall 

11 convene a meeting of representatives from all Fed12 eral and State agencies responsible for a Federal re13 finery authorization with respect to the refinery. The 

14 governor of a State shall identify each agency of 

15 that State that is responsible for a Federal refinery 

16 authorization with respect to that refinery. 

17 (2) MEMORANDUM OF AGREEMENT.—(A) Not 

18 later than 90 days after receipt of a notification de19 scribed in paragraph (1), the Federal coordinator 

20 and the other participants at a meeting convened 

21 under paragraph (1) shall establish a memorandum 

22 of agreement setting forth the most expeditious co23 ordinated schedule possible for completion of all 

24 Federal refinery authorizations with respect to the 

25 refinery, consistent with the full substantive and 

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1 procedural review required by Federal law. If a Fed2 eral or State agency responsible for a Federal refin3 ery authorization with respect to the refinery is not 

4 represented at such meeting, the Federal coordinator 

5 shall ensure that the schedule accommodates those 

6 Federal refinery authorizations, consistent with Fed7 eral law. In the event of conflict among Federal re8 finery authorization scheduling requirements, the re9 quirements of the Environmental Protection Agency 

10 shall be given priority. 

11 (B) Not later than 15 days after completing the 

12 memorandum of agreement, the Federal coordinator 

13 shall publish the memorandum of agreement in the 

14 Federal Register. 

15 (C) The Federal coordinator shall ensure that 

16 all parties to the memorandum of agreement are 

17 working in good faith to carry out the memorandum 

18 of agreement, and shall facilitate the maintenance of 

19 the schedule established therein. 

20 (c) CONSOLIDATED RECORD.—The Federal coordi21 nator shall, with the cooperation of Federal and State ad22 ministrative agencies and officials, maintain a complete 

23 consolidated record of all decisions made or actions taken 

24 by the Federal coordinator or by a Federal administrative 

25 agency or officer (or State administrative agency or officer 

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1 acting under delegated Federal authority) with respect to 

2 any Federal refinery authorization. Such record shall be 

3 the record for judicial review under subsection (d) of deci4 sions made or actions taken by Federal and State adminis5 trative agencies and officials, except that, if the Court de6 termines that the record does not contain sufficient infor7 mation, the Court may remand the proceeding to the Fed8 eral coordinator for further development of the consoli9 dated record. 

10 (d) REMEDIES.— 

11 (1) IN GENERAL.—The United States District 

12 Court for the district in which the proposed refinery 

13 is located shall have exclusive jurisdiction over any 

14 civil action for the review of the failure of an agency 

15 or official to act on a Federal refinery authorization 

16 in accordance with the schedule established pursuant 

17 to the memorandum of agreement. 

18 (2) STANDING.—If an applicant or a party to 

19 a memorandum of agreement alleges that a failure 

20 to act described in paragraph (1) has occurred and 

21 that such failure to act would jeopardize timely com22 pletion of the entire schedule as established in the 

23 memorandum of agreement, such applicant or other 

24 party may bring a cause of action under this sub25 section. 

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1 (3) COURT ACTION.—If an action is brought 

2 under paragraph (2), the Court shall review whether 

3 the parties to the memorandum of agreement have 

4 been acting in good faith, whether the applicant has 

5 been cooperating fully with the agencies that are re6 sponsible for issuing a Federal refinery authoriza7 tion, and any other relevant materials in the consoli8 dated record. Taking into consideration those fac9 tors, if the Court finds that a failure to act de10 scribed in paragraph (1) has occurred, and that such 

11 failure to act would jeopardize timely completion of 

12 the entire schedule as established in the memo13 randum of agreement, the Court shall establish a 

14 new schedule that is the most expeditious coordi15 nated schedule possible for completion of pro16 ceedings, consistent with the full substantive and 

17 procedural review required by Federal law. The 

18 court may issue orders to enforce any schedule it es19 tablishes under this paragraph. 

20 (4) FEDERAL COORDINATOR’S ACTION.—When 

21 any civil action is brought under this subsection, the 

22 Federal coordinator shall immediately file with the 

23 Court the consolidated record compiled by the Fed24 eral coordinator pursuant to subsection (c). 

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1 (5) EXPEDITED REVIEW.—The Court shall set 

2 any civil action brought under this subsection for ex3 pedited consideration. 

4 (e) APPLICABILITY.—This section shall only apply to 

5 a refinery sited or proposed to be sited or expanded or 

6 proposed to be expanded— 

7 (1) in a State whose governor has submitted a 

8 request to the President for the application of the 

9 process coordination and rules of procedure under 

10 this section to the siting, construction, expansion, or 

11 operation of any refinery in that State; 

12 (2) on a closed military installation, or portion 

13 thereof, made available for the siting of a refinery in 

14 the manner provided by the base closure law applica15 ble to the installation; or 

16 (3) on Indian lands if the relevant tribal organi17 zation has submitted a request to the President for 

18 the application of the process coordination and rules 

19 of procedure under this section to the siting, con20 struction, expansion, or operation of any refinery on 

21 that Indian land. 

22 SEC. 204. DESIGNATION OF CLOSED MILITARY BASES. 

23 (a) DESIGNATION REQUIREMENT.—Not later than 

24 90 days after the date of enactment of this Act, the Presi25 dent shall designate no less than 3 closed military installamstockstill on PROD1PC66 with BILLS

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1 tions, or portions thereof, as potentially suitable for the 

2 construction of a refinery. At least 1 such site shall be 

3 designated as potentially suitable for construction of a re4 finery to refine biomass in order to produce biofuel. 

5 (b) REDEVELOPMENT AUTHORITY.—The redevelop6 ment authority for each installation designated under sub7 section (a), in preparing or revising the redevelopment 

8 plan for the installation, shall consider the feasibility and 

9 practicability of siting a refinery on the installation. 

10 (c) MANAGEMENT AND DISPOSAL OF REAL PROP11 ERTY.—The Secretary of Defense, in managing and dis12 posing of real property at an installation designated under 

13 subsection (a) pursuant to the base closure law applicable 

14 to the installation, shall give substantial deference to the 

15 recommendations of the redevelopment authority, as con16 tained in the redevelopment plan for the installation, re17 garding the siting of a refinery on the installation. The 

18 management and disposal of real property at a closed mili19 tary installation or portion thereof found to be suitable 

20 for the siting of a refinery under subsection (a) shall be 

21 carried out in the manner provided by the base closure 

22 law applicable to the installation. 

23 (d) DEFINITIONS.—For purposes of this section— 

24 (1) the term ‘‘base closure law’’ means the De25 fense Base Closure and Realignment Act of 1990 

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1 (part A of title XXIX of Public Law 101–510; 10 

2 U.S.C. 2687 note) and title II of the Defense Au3 thorization Amendments and Base Closure and Re4 alignment Act (Public Law 100–526; 10 U.S.C. 

5 2687 note); and 

6 (2) the term ‘‘closed military installation’’ 

7 means a military installation closed or approved for 

8 closure pursuant to a base closure law. 

9 SEC. 205. SAVINGS CLAUSE. 

10 Nothing in this Act shall be construed to affect the 

11 application of any environmental or other law, or to pre12 vent any party from bringing a cause of action under any 

13 environmental or other law, including citizen suits. 

14 SEC. 206. REFINERY REVITALIZATION REPEAL. 

15 Subtitle H of title III of the Energy Policy Act of 

16 2005 and the items relating thereto in the table of con17 tents of such Act are repealed. 

18 TITLE III—FUEL CONSUMPTION 

19 EDUCATION 

20 SEC. 301. PARTNERSHIP FOR PUBLIC EDUCATION CAM21 PAIGN. 

22 (a) ESTABLISHMENT.—The Secretary of Energy 

23 shall enter into a partnership with interested industry 

24 groups, including groups from the automotive, gasoline re25 fining, and oil industries, to create a public education cammstockstill on PROD1PC66 with BILLS

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1 paign that provides information to United States drivers 

2 about immediate measures that may be taken to conserve 

3 transportation fuel. This public-private partnership shall 

4 include a five member advisory board, to be chaired by 

5 the Secretary or his designee, which shall include rep6 resentatives from the Department of Energy, the oil in7 dustry, the automotive industry, and the Congress, to be 

8 appointed by the Secretary. The Secretary shall appoint 

9 the advisory board not later than 30 days after the date 

10 of enactment of this Act. 

11 (b) ACCESSIBILITY.—The public information cam12 paign under this section shall be targeted to reach the 

13 widest audience possible. The education campaign shall in14 clude television, print, Internet website, or any other 

15 method designed to maximize the dissemination of trans16 portation fuel savings information to drivers. 

17 (c) COST SHARING.—The Secretary shall provide no 

18 more than 50 percent of the cost of the campaign created 

19 under this section. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary 

22 $10,000,000 for carrying out this section. 

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1 TITLE IV—BOUTIQUE FUEL 

2 REDUCTION 

3 SEC. 401. TEMPORARY WAIVERS. 

4 Section 211(c)(4)(C)(ii)(II) of the Clean Air Act (42 

5 U.S.C.7545(c)(4)(C)(ii)(II)) is amended by inserting after 

6 ‘‘equipment failure’’ the following: ‘‘, unexpected problems 

7 with distribution or delivery equipment that is necessary 

8 for transportation and delivery of fuel or fuel additives’’. 

9 SEC. 402. REDUCTION IN NUMBER OF BOUTIQUE FUELS. 

10 Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 

11 7545(c)(4)(C)) is amended as follows: 

12 (1) By redesignating the clause (v) added by 

13 section 1541(b) of the Energy Policy Act of 2005 

14 (Public Law 109–58; 119 Stat. 1106) as clause (vi). 

15 (2) In clause (vi) (as so redesignated)— 

16 (A) in subclause (I) by striking ‘‘approved 

17 under this paragraph as of September 1, 2004, 

18 in all State implementation plans’’ and by in19 serting in lieu there of ‘‘set forth on the list 

20 published under subclause (II), or if the list has 

21 been revised under subclause (III), on the re22 vised list’’; 

23 (B) by amending subclause (III) to read as 

24 follows: 

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1 ‘‘(III) The Administrator shall, after notice 

2 and opportunity for comment, remove a fuel 

3 from the list published under subclause (II) if 

4 the Administrator determines that such fuel has 

5 ceased to be included in any State implementa6 tion plan or is identical to a Federal fuel con7 trol or prohibition promulgated and imple8 mented by the Administrator. The Adminis9 trator shall publish a revised list reflecting the 

10 reduction in the number of fuels.’’; 

11 (C) in subclause (IV) by striking ‘‘Sub12 clause (I)’’ and inserting ‘‘Neither subclause (I) 

13 nor subclause (V)’’ and by striking ‘‘not’’ and 

14 by striking ‘‘if such new fuel’’; 

15 (D) in item (aa) of subclause (IV) by in16 serting ‘‘if such new fuel’’ after ‘‘(aa)’’ and by 

17 striking ‘‘; or’’ and inserting ‘‘, or if the list has 

18 been revised under subclause (III), on the re19 vised list’’; 

20 (E) in item (bb) of subclause (IV) by in21 serting ‘‘if such new fuel’’ and by striking ‘‘as 

22 of September 1, 2004.’’ and inserting ‘‘, or if 

23 the list has been revised under subclause (III), 

24 on the revised list, and’’; and 

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1 (F) by striking so much of the last sen2 tence of subclause (IV) as precedes the phrase 

3 ‘‘if the Administrator’’, by striking ‘‘a new 

4 fuel’’ in such last sentence and inserting ‘‘such 

5 new fuel’’, and by designating the remaining 

6 language in such last sentence as item (cc) and 

7 adjusting the left margin accordingly. 

Æ 

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