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‘‘(C) the range of factors, including, with-
out limitation, design, functionality, use, duty 
cycle, infrastructure, and total overall energy 
consumption and operating costs that effect 
commercial medium- and heavy-duty on-high-
way vehicle fuel efficiency; and 
‘‘(D) such other factors and conditions 
that could have an impact on a program to im-
prove commercial medium- and heavy-duty on- 
highway vehicle fuel efficiency. 
‘‘(2) RULEMAKING.—No later than 24 months 
after completion of the study required by paragraph 
(1), the Secretary, in consultation with the Secretary 
of Energy and the Administrator of the Environ-
mental Protection Agency, by regulation, shall deter-
mine in a rulemaking procedure how to implement 
a commercial medium- and heavy-duty on-highway 
vehicle fuel efficiency improvement program de-
signed to achieve the maximum feasible improve-
ment, and shall adopt appropriate test methods, 
measurement metrics, fuel economy standards, and 
compliance and enforcement protocols that are ap-
propriate, cost-effective, and technologically feasible 
for commercial medium- and heavy-duty on-highway 
vehicles. 
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‘‘(3) LEAD-TIME; REGULATORY
STABILITY.— 
Any commercial medium- and heavy-duty on-high-
way vehicle fuel efficiency regulatory program adopt-
ed pursuant to this subsection shall provide no less 
than 4 full model years of regulatory lead-time and 
3 full model years of regulatory stability. 
‘‘(4) COMMERCIAL MEDIUM- AND HEAVY-DUTY 
ON-HIGHWAY
VEHICLE
DEFINED.—In this sub-
section, the term ‘commercial medium- and heavy- 
duty on-highway vehicle’ means an on-highway vehi-
cle with a gross vehicle weight rating of more than 
8,500 pounds, and that, in the case of a vehicle with 
a gross vehicle weight rating of less than 10,000 
pounds, is not an automobile.’’. 
(c) AUTHORITY OF SECRETARY.—Section 32902 of 
title 49, United States Code, as amended by subsection 
(b), is further amended by adding at the end thereof the 
following: 
‘‘(l) AUTHORITY OF THE SECRETARY.— 
‘‘(1) VEHICLE ATTRIBUTES; MODEL YEARS COV-
ERED.—The Secretary shall— 
‘‘(A) prescribe by regulation average fuel 
economy standards for automobiles based on ve-
hicle attributes related to fuel economy and to 
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express the standards in the form of a mathe-
matical function; and 
‘‘(B) issue regulations under this title pre-
scribing average fuel economy standards for 1 
or more model years. 
‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE 
INCREASE.—When the Secretary prescribes a stand-
ard, or prescribes an amendment under this section 
that changes a standard, the standard may not be 
expressed as a uniform percentage increase from the 
fuel-economy performance of attribute classes or cat-
egories already achieved in a model year by a manu-
facturer.’’. 
SEC. 503. AMENDING FUEL ECONOMY STANDARDS. 
(a) IN GENERAL.—Section 32902(c) of title 49, 
United States Code, is amended to read as follows: 
‘‘(c) AMENDING FUEL ECONOMY STANDARDS.—Not-
withstanding subsections (a) and (b), the Secretary of 
Transportation— 
‘‘(1) may prescribe a standard higher than that 
required under subsection (b); or 
‘‘(2) may prescribe an average fuel economy 
standard for automobiles that is the maximum fea-
sible level for the model year, despite being lower 
than the standard required under subsection (b), if 
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373 
the Secretary determines, based on clear and con-
vincing evidence, that the average fuel economy 
standard prescribed in accordance with subsections 
(a) and (b) for automobiles in that model year is 
shown not to be cost-effective.’’. 
(b) FEASIBILITY CRITERIA.—Section 32902(f) of 
title 49, United States Code, is amended to read as fol-
lows: 
‘‘(f) DECISIONS ON MAXIMUM FEASIBLE AVERAGE 
FUEL ECONOMY.— 
‘‘(1) IN GENERAL.—When deciding maximum 
feasible average fuel economy under this section, the 
Secretary shall consider— 
‘‘(A) economic practicability; 
‘‘(B) the effect of other motor vehicle 
standards of the Government on fuel economy; 
‘‘(C) environmental impacts; and 
‘‘(D) the need of the United States to con-
serve energy. 
‘‘(2) LIMITATIONS.—In setting any standard 
under subsection (b), (c), or (d), the Secretary shall 
ensure that each standard is the highest standard 
that— 
‘‘(A) is technologically achievable; 
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374 
‘‘(B) can be achieved without materially 
reducing the overall safety of automobiles man-
ufactured or sold in the United States; 
‘‘(C) is not less than the standard for that 
class of vehicles from any prior year; and 
‘‘(D) is cost-effective. 
‘‘(3) COST-EFFECTIVE DEFINED.—In this sub-
section, the term ‘cost-effective’ means that the 
value to the United States of reduced fuel use from 
a proposed fuel economy standard is greater than or 
equal to the cost to the United States of such stand-
ard. In determining cost-effectiveness, the Secretary 
shall give priority to those technologies and packages 
of technologies that offer the largest reduction in 
fuel use relative to their costs. 
‘‘(4) FACTORS
FOR
CONSIDERATION
BY
SEC-
RETARY IN DETERMINING COST-EFFECTIVENESS.— 
The Secretary shall consult with the Administrator 
of the Environmental Protection Agency, and may 
consult with such other departments and agencies as 
the Secretary deems appropriate, and shall consider 
in the analysis the following factors: 
‘‘(A) Economic security. 
‘‘(B) The impact of the oil or energy inten-
sity of the United States economy on the sensi-
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tivity of the economy to oil and other fuel price 
changes, including the magnitude of gross do-
mestic product losses in response to short term 
price shocks or long term price increases. 
‘‘(C) National security, including the im-
pact of United States payments for oil and 
other fuel imports on political, economic, and 
military developments in unstable or unfriendly 
oil-exporting countries. 
‘‘(D) The uninternalized costs of pipeline 
and storage oil seepage, and for risk of oil spills 
from production, handling, and transport, and 
related landscape damage. 
‘‘(E) The emissions of pollutants including 
greenhouse gases over the lifecycle of the fuel 
and the resulting costs to human health, the 
economy, and the environment. 
‘‘(F) Such additional factors as the Sec-
retary deems relevant. 
‘‘(5) MINIMUM VALUATION.—When considering 
the value to consumers of a gallon of gasoline saved, 
the Secretary of Transportation shall use as a min-
imum value the greater of— 
‘‘(A) the average value of gasoline prices 
projected by the Energy Information Adminis-
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111TH CONGRESS 
1ST SESSION H. R. 2571 
AN ACT 
To streamline the regulation of nonadmitted insurance and 
reinsurance, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
376 
tration over the period covered by the standard; 
or 
‘‘(B) the average value of gasoline prices 
for the 5-year period immediately preceding the 
year in which the standard is established.’’. 
(c) 
CONSULTATION
REQUIREMENT.—Section 
32902(i) of title 49, United States Code, is amended by 
inserting ‘‘and the Administrator of the Environmental 
Protection Agency’’ after ‘‘Energy’’. 
(d) COMMENTS.—Section 32902(j) of title 49, United 
States Code, is amended— 
(1) by striking paragraph (1) and inserting 
‘‘(1) Before issuing a notice proposing to prescribe 
or amend an average fuel economy standard under 
subsection (b), (c), or (g) of this section, the Sec-
retary of Transportation shall give the Secretary of 
Energy and Administrator of the Environmental 
Protection Agency at least 30 days after the receipt 
of the notice during which the Secretary of Energy 
and Administrator may, if the Secretary of Energy 
or Administrator concludes that the proposed stand-
ard would adversely affect the conservation goals of 
the Secretary of Energy or environmental protection 
goals of the Administrator, provide written com-
ments to the Secretary of Transportation about the 
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377 
impact of the standard on those goals. To the extent 
the Secretary of Transportation does not revise a 
proposed standard to take into account comments of 
the Secretary of Energy or Administrator on any ad-
verse impact of the standard, the Secretary of 
Transportation shall include those comments in the 
notice.’’; and 
(2) by inserting ‘‘and the Administrator’’ after 
‘‘Energy’’ each place it appears in paragraph (2). 
(e) ALTERNATIVE FUEL ECONOMY STANDARDS FOR 
LOW VOLUME MANUFACTURERS AND NEW ENTRANTS.— 
Section 32902(d) of title 49, United States Code, is 
amended to read as follows: 
‘‘(d) ALTERNATIVE
AVERAGE
FUEL
ECONOMY 
STANDARD.— 
‘‘(1) IN GENERAL.—Upon the application of an 
eligible manufacturer, the Secretary of Transpor-
tation may prescribe an alternative average fuel 
economy standard for automobiles manufactured by 
that manufacturer if the Secretary determines 
that— 
‘‘(A) the applicable standard prescribed 
under subsection (a), (b), or (c) is more strin-
gent than the maximum feasible average fuel 
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378 
economy level that manufacturer can achieve; 
and 
‘‘(B) the alternative average fuel economy 
standard prescribed under this subsection is the 
maximum feasible average fuel economy level 
that manufacturer can achieve. 
‘‘(2) APPLICATION
OF
ALTERNATIVE
STAND-
ARD.—The Secretary may provide for the applica-
tion of an alternative average fuel economy standard 
prescribed under paragraph (1) to— 
‘‘(A) the manufacturer that applied for the 
alternative average fuel economy standard; 
‘‘(B) all automobiles to which this sub-
section applies; or 
‘‘(C) classes of automobiles manufactured 
by eligible manufacturers. 
‘‘(3) IMPORTERS.—Notwithstanding paragraph 
(1), an importer registered under section 30141(c) 
may not be exempted as a manufacturer under para-
graph (1) for an automobile that the importer— 
‘‘(A) imports; or 
‘‘(B) brings into compliance with applica-
ble motor vehicle safety standards prescribed 
under chapter 301 for an individual described 
in section 30142. 
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H. Res. 1145 
In the House of Representatives, U. S., 
March 15, 2010. 
Whereas the University of Arizona was authorized by Arizo-
na’s 13th Territorial Assembly on March 12, 1885; 
Whereas the University of Arizona is the flagship university 
of the State of Arizona and, true to its land-grant herit-
age, is dedicated to building a better Arizona through ac-
cess, quality, and discovery; 
Whereas classes at the University of Arizona first met in 
1891 with 32 students in Old Main, the first building 
constructed on campus; 
Whereas the University of Arizona is Arizona’s only member 
of the prestigious 62-member Association of American 
Universities; 
Whereas the University of Arizona is committed to an acces-
sible, quality education for all, maintaining the third low-
est tuition rate of any public university among the Asso-
ciation of American Universities; 
Whereas the University of Arizona is ranked No. 15 among 
public universities by the National Science Foundation 
for research and development; 
Whereas the University of Arizona offers 122 undergraduate 
degrees, 217 graduate programs, and 3 professional 
schools including pharmacy, medicine, and law;
379 
‘‘(4) APPLICATION.—The Secretary of Trans-
portation may prescribe the contents of an applica-
tion for an alternative average fuel economy stand-
ard. 
‘‘(5) ELIGIBLE MANUFACTURER DEFINED.—In 
this section, the term ‘eligible manufacturer’ means 
a manufacturer that— 
‘‘(A) is not owned in whole or in part by 
another manufacturer that sold greater than 
0.5 percent of the number of automobiles sold 
in the United States in the model year prior to 
the model year to which the application relates; 
‘‘(B) sold in the United States fewer than 
0.4 percent of the number of automobiles sold 
in the United States in the model year that is 
2 years before the model year to which the ap-
plication relates; and 
‘‘(C) will sell in the United States fewer 
than 0.4 percent of the automobiles sold in the 
United States for the model year for which the 
alternative average fuel economy standard will 
apply. 
‘‘(6) LIMITATION.—For purposes of this sub-
section, notwithstanding section 32901(a)(4), the 
term ‘automobile manufactured by a manufacturer’ 
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includes every automobile manufactuered by a per-
son that controls, is controlled by, or is under com-
mon control with the manufacturer.’’ 
(f) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 32902(d) of title 49, United States 
Code, is amended by striking ‘‘passenger’’ each place 
it appears. 
(2) Section 32902(g) of title 49, United States 
Code, is amended— 
(A) by striking ‘‘subsection (a) or (d)’’ 
each place it appears in paragraph (1) and in-
serting ‘‘subsection (b), (c), or (d)’’; and 
(B) striking ‘‘(and submit the amendment 
to Congress when required under subsection 
(c)(2) of this section)’’ in paragraph (2). 
SEC. 504. DEFINITIONS. 
(a) IN GENERAL.—Section 32901(a) of title 49, 
United States Code, is amended— 
(1) by striking paragraph (3) and inserting the 
following: 
‘‘(3) except as provided in section 32908 of this 
title, ‘automobile’ means a 4-wheeled vehicle that is 
propelled by fuel, or by alternative fuel, manufac-
tured primarily for use on public streets, roads, and 
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highways and rated at not more than 10,000 pounds 
gross vehicle weight, except— 
‘‘(A) a vehicle operated only on a rail line; 
‘‘(B) a vehicle manufactured by 2 or more 
manufacturers in different stages and less than 
10,000 of which are manufactured per year; or 
‘‘(C) a work truck.’’; and 
(2) by adding at the end the following: 
‘‘(17) ‘work truck’ means an automobile that 
the Secretary determines by regulation— 
‘‘(A) is rated at between 8,500 and 10,000 
pounds gross vehicle weight; and 
‘‘(B) is not a medium-duty passenger vehi-
cle (as defined in section 86.1803–01 of title 
40, Code of Federal Regulations).’’. 
(b) DEADLINE FOR REGULATIONS.—The Secretary 
of Transportation— 
(1) shall issue proposed regulations imple-
menting the amendments made by subsection (a) not 
later than 1 year after the date of enactment of this 
Act; and 
(2) shall issue final regulations implementing 
the amendments not later than 18 months after the 
date of the enactment of this Act. 
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(c) 
EFFECTIVE
DATE.—Regulations 
prescribed 
under subsection (b) shall apply beginning with model year 
2010. 
SEC. 505. ENSURING SAFETY OF AUTOMOBILES. 
(a) IN GENERAL.—Subchapter II of chapter 301 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 30129. Vehicle compatibility standard 
‘‘(a) STANDARDS.—The Secretary of Transportation 
shall issue a motor vehicle safety standard to reduce auto-
mobile incompatibility. The standard shall address charac-
teristics necessary to ensure better management of crash 
forces in multiple vehicle frontal and side impact crashes 
between different types, sizes, and weights of automobiles 
with a gross vehicle weight of 10,000 pounds or less in 
order to decrease occupant deaths and injuries. 
‘‘(b) CONSUMER INFORMATION.—The Secretary shall 
develop and implement a public information side and fron-
tal compatibility crash test program with vehicle ratings 
based on risks to occupants, risks to other motorists, and 
combined risks by vehicle make and model.’’. 
(b) RULEMAKING DEADLINES.— 
(1) RULEMAKING.—The Secretary of Transpor-
tation shall issue— 
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(A) a notice of a proposed rulemaking 
under section 30129 of title 49, United States 
Code, not later than January 1, 2012; and 
(B) a final rule under such section not 
later than December 31, 2014. 
(2) EFFECTIVE
DATE
OF
REQUIREMENTS.— 
Any requirement imposed under the final rule issued 
under paragraph (1) shall become fully effective not 
later than September 1, 2018. 
(c) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 301 is amended by inserting after the item 
relating to section 30128 the following: 
‘‘30129. Vehicle compatibility standard.’’. 
SEC. 506. CREDIT TRADING PROGRAM. 
Section 32903 of title 49, United States Code, is 
amended— 
(1) by striking ‘‘passenger’’ each place it ap-
pears; 
(2) by striking ‘‘section 32902(b)–(d) of this 
title’’ each place it appears and inserting ‘‘sub-
section (a), (c), or (d) of section 32902’’; 
(3) by striking ‘‘3 consecutive model years’’ in 
subsection (a)(2) and inserting ‘‘5 consecutive model 
years’’; 
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(4) in subsection (a)(2), by striking ‘‘clause (1) 
of this subsection,’’ and inserting ‘‘paragraph (1)’’; 
and 
(5) by striking subsection (e) and inserting the 
following: 
‘‘(e) CREDIT TRADING AMONG MANUFACTURERS.— 
The Secretary of Transportation may establish, by regula-
tion, a corporate average fuel economy credit trading pro-
gram to allow manufacturers whose automobiles exceed 
the average fuel economy standards prescribed under sec-
tion 32902 to earn credits to be sold to manufacturers 
whose automobiles fail to achieve the prescribed standards 
such that the total oil savings associated with manufactur-
ers that exceed the prescribed standards are preserved 
when transferring credits to manufacturers that fail to 
achieve the prescribed standards.’’. 
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE 
GAS EMISSIONS. 
Section 32908 of title 49, United States Code, is 
amended— 
(1) by redesignating subparagraph (F) of sub-
section (b)(1) as subparagraph (H) and inserting 
after subparagraph (E) the following: 
‘‘(F) a label (or a logo imprinted on a label re-
quired by this paragraph) that— 
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‘‘(i) reflects an automobile’s performance 
on the basis of criteria developed by the Admin-
istrator to reflect the fuel economy and green-
house gas and other emissions consequences of 
operating the automobile over its likely useful 
life; 
‘‘(ii) permits consumers to compare per-
formance results under clause (i) among all 
automobiles; and 
‘‘(iii) is designed to encourage the manu-
facture and sale of automobiles that meet or ex-
ceed applicable fuel economy standards under 
section 32902. 
‘‘(G) a fuelstar under paragraph (5).’’; and 
(2) by adding at the end of subsection (b) the 
following: 
‘‘(4) GREEN LABEL PROGRAM.— 
‘‘(A) MARKETING ANALYSIS.—Not later than 2 
years after the date of the enactment of the Ten-in- 
Ten Fuel Economy Act, the Administrator shall im-
plement a consumer education program and execute 
marketing strategies to improve consumer under-
standing of automobile performance described in 
paragraph (1)(F). 
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‘‘(B) ELIGIBILITY.—Not later than 3 years 
after the date described in subparagraph (A), the 
Administrator shall issue requirements for the label 
or logo required under paragraph (1)(F) to ensure 
that an automobile is not eligible for the label or 
logo unless it— 
‘‘(i) meets or exceeds the applicable fuel 
economy standard; or 
‘‘(ii) will have the lowest greenhouse gas 
emissions over the useful life of the vehicle of 
all vehicles in the vehicle attribute class to 
which it belongs in that model year. 
‘‘(5) FUELSTAR PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall estab-
lish a program, to be known as the ‘Fuelstar Pro-
gram’, under which stars shall be imprinted on or 
attached to the label required by paragraph (1). 
‘‘(B) GREEN STARS.—Under the Fuelstar Pro-
gram, a manufacturer may include on the label 
maintained on an automobile under paragraph (1)— 
‘‘(i) 1 green star for any automobile that 
meets the average fuel economy standard for 
the model year under section 32902; and 
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‘‘(ii) 1 additional green star for each 2 
miles per gallon by which the automobile ex-
ceeds such standard. 
‘‘(C) GOLD STARS.—Under the Fuelstar Pro-
gram, a manufacturer may include a gold star on 
the label maintained on an automobile under para-
graph (1) if the automobile attains a fuel economy 
of at least 50 miles per gallon.’’. 
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STAND-
ARDS. 
Nothing in this title, or the amendments made by this 
title, shall be construed to affect the application of section 
32902 of title 49, United States Code, to passenger auto-
mobiles or non-passenger automobiles manufactured be-
fore model year 2011. 
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall execute an agreement with the National Acad-
emy of Sciences to develop a report evaluating vehicle fuel 
economy standards, including— 
(1) an assessment of automotive technologies 
and costs to reflect developments since the Acad-
emy’s 2002 report evaluating the corporate average 
fuel economy standards was conducted; 
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(2) an analysis of existing and potential tech-
nologies that may be used practically to improve 
automobile and medium-duty and heavy-duty truck 
fuel economy; 
(3) an analysis of how such technologies may be 
practically integrated into the automotive and me-
dium-duty and heavy-duty truck manufacturing 
process; and 
(4) an assessment of how such technologies may 
be used to meet the new fuel economy standards 
under chapter 329 of title 49, United States Code, 
as amended by this title. 
(b) QUINQUENNIAL UPDATES.—After submitting the 
initial report, the Academy shall update the report at 5 
year intervals thereafter through 2025. 
(c) REPORT.—The Academy shall submit the report 
to the Secretary, the Senate Committee on Commerce, 
Science, and Transportation and the House of Represent-
atives Committee on Energy and Commerce, with its find-
ings and recommendations no later than 18 months after 
the date on which the Secretary executes the agreement 
with the Academy. 
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