344
(1) the number of vehicles that will need to be tested under the pro-
gram in a calendar year;
(2) facilities at which testing of those individuals could be conducted;
and
(3) additional resources (including personnel) that will be necessary
to conduct the testing.
§ 31313. Grants for issuing commercial drivers’ licenses and
complying with State participation requirements
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
a grant under this section to a State in a fiscal year if the State makes
an agreement with the Secretary to participate in that fiscal year in the
commercial driver’s license program established by this chapter and the in-
formation system required by section 31309 of this title and to comply with
the requirements of section 31311(a) of this title.
(b) AMOUNTS OF GRANTS.—The Secretary shall decide on the amount of
a grant in a fiscal year to be made under this section to a State eligible
to receive the grant in the fiscal year. However—
(1) a grant to a State under this section shall be at least $100,000
in a fiscal year; and
(2) to the extent each State grant under this section is more than
$100,000 in a fiscal year, the Secretary shall ensure that those States
are treated equitably.
(c) LIMITATION ON USE.—A State receiving a grant under this section
may use the amounts provided under the grant only for issuing commercial
drivers’ licenses and complying with the requirements of section 31311(a)
of this title.
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State
under this section remain available for obligation by the State for the fiscal
year for which the amounts are made available. Any of those amounts not
obligated before the last day of that fiscal year are no longer available for
obligation by the State and are available to the Secretary to carry out this
chapter.
(2) Amounts made available to the Secretary under this section remain
available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under this section is a contractual obligation of the
United States Government for payment of the amount of the grant.
(f) AUTHORIZATION.—There is available to the Secretary to carry out
this section $lllll from amounts made available under section 31104
of this title for the fiscal year ending September 30, 19l.
345
§ 31314. Withholding amounts for State noncompliance
(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall withhold
5 percent of the amount required to be apportioned to a State under section
104(b)(1), (2), (5), and (6) of title 23 on the first day of the fiscal year
after the first fiscal year beginning after September 30, 1992, throughout
which the State does not comply substantially with a requirement of section
31311(a) of this title.
(b) SECOND FISCAL YEAR.—The Secretary shall withhold 10 percent of
the amount required to be apportioned to a State under section 104(b)(1),
(2), (5), and (6) of title 23 on the first day of each fiscal year after the
2d fiscal year beginning after September 30, 1992, throughout which the
State does not comply substantially with a requirement of section 31311(a)
of this title.
(c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld under
this section from apportionment to a State before October 1, 1995, remain
available for apportionment to the State as follows:
(A) If the amounts would have been apportioned under section
104(b)(5)(B) of title 23 but for this section, the amounts remain avail-
able until the end of the 2d fiscal year following the fiscal year for
which the amounts are authorized to be appropriated.
(B) If the amounts would have been apportioned under section
104(b)(1), (2), or (6) of title 23 but for this section, the amounts re-
main available until the end of the 3d fiscal year following the fiscal
year for which the amounts are authorized to be appropriated.
(2) Amounts withheld under this section from apportionment to a State
after September 30, 1995, are not available for apportionment to the State.
(d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last day of
the period for which amounts withheld under this section from apportion-
ment are to remain available for apportionment to a State under subsection
(c)(1) of this section, the State substantially complies with all of the re-
quirements of section 31311(a) of this title for a period of 365 days, the
Secretary, on the day following the last day of that period, shall apportion
to the State the withheld amounts remaining available for apportionment to
that State.
(2) Amounts apportioned under paragraph (1) of this subsection remain
available for expenditure until the end of the 3d fiscal year following the
fiscal year in which the amounts are apportioned. Amounts not obligated
at the end of that period lapse or, for amounts apportioned under section
104(b)(5) of title 23, lapse and are available for projects under section
118(b) of title 23.
346
(e) LAPSE.—If, at the end of the period for which amounts withheld
under this section from apportionment are available for apportionment to
a State under subsection (c)(1) of this section, the State has not substan-
tially complied with all of the requirements of section 31311(a) of this title
for a 365-day period, the amounts lapse or, for amounts withheld from ap-
portionment under section 104(b)(5) of title 23, the amounts lapse and are
available for projects under section 118(b) of title 23.
§ 31315. Waiver authority
After notice and an opportunity for comment, the Secretary of Transpor-
tation may waive any part of this chapter or a regulation prescribed under
this chapter as it applies to a class of individuals or commercial motor vehi-
cles if the Secretary decides the waiver is not contrary to the public interest
and does not diminish the safe operation of commercial motor vehicles. A
waiver under this section shall be published in the Federal Register with
reasons for the waiver.
§ 31316. Limitation on statutory construction
This chapter does not affect the authority of the Secretary of Transpor-
tation to regulate commercial motor vehicle safety involving motor vehicles
with a gross vehicle weight rating of less than 26,001 pounds or a lesser
gross vehicle weight rating the Secretary decides is appropriate under sec-
tion 31301(4)(A) of this title.
§ 31317. Procedure for prescribing regulations
Regulations prescribed by the Secretary of Transportation to carry out
this chapter (except section 31307) shall be prescribed under section 553
of title 5 without regard to sections 556 and 557 of title 5.
CHAPTER 315—MOTOR CARRIER SAFETY
Sec.
31501.
Definitions.
31502.
Requirements for qualifications, hours of service, safety, and equipment standards.
31503.
Research, investigation, and testing.
31504.
Identification of motor vehicles.
§ 31501. Definitions
In this chapter—
(1) ‘‘migrant worker’’ means an individual going to or from employ-
ment in agriculture as provided under section 3121(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).
(2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private car-
rier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same meanings
given those terms in section 10102 of this title.
(3) ‘‘motor carrier of migrant workers’’—
(A) means a person (except a motor common carrier) providing
transportation referred to in section 10521(a) of this title by a
347
motor vehicle (except a passenger automobile or station wagon) for
at least 3 migrant workers at a time to or from their employment;
but
(B) does not include a migrant worker providing transportation
for migrant workers and their immediate families.
§ 31502. Requirements for qualifications, hours of service,
safety, and equipment standards
(a) APPLICATION.—This section applies to transportation—
(1) described in sections 10521 and 10522 of this title; and
(2) to the extent the transportation is in the United States and is
between places in a foreign country, or between a place in a foreign
country and a place in another foreign country.
(b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS.—
The Secretary of Transportation may prescribe requirements for—
(1) qualifications and maximum hours of service of employees of, and
safety of operation and equipment of, a motor carrier; and
(2) qualifications and maximum hours of service of employees of, and
standards of equipment of, a motor private carrier, when needed to
promote safety of operation.
(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The Secretary
may prescribe requirements for the comfort of passengers, qualifications and
maximum hours of service of operators, and safety of operation and equip-
ment of a motor carrier of migrant workers. The requirements only apply
to a carrier transporting a migrant worker—
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of the
United States.
(d) CONSIDERATIONS.—Before prescribing or revising any requirement
under this section, the Secretary shall consider the costs and benefits of the
requirement.
§ 31503. Research, investigation, and testing
(a) GENERAL AUTHORITY.—The Secretary of Transportation may inves-
tigate and report on the need for regulation by the United States Govern-
ment of sizes, weight, and combinations of motor vehicles and qualifications
and maximum hours of service of employees of a motor carrier subject to
subchapter II of chapter 105 of this title and a motor private carrier. The
Secretary shall use the services of each department, agency, or instrumen-
tality of the Government and each organization of motor carriers having
special knowledge of a matter being investigated.
(b) USE OF SERVICES.—In carrying out this chapter, the Secretary may
use the services of a department, agency, or instrumentality of the Govern-
348
ment having special knowledge about safety, to conduct scientific and tech-
nical research, investigation, and testing when necessary to promote safety
of operation and equipment of motor vehicles. The Secretary may reimburse
the department, agency, or instrumentality for the services provided.
§ 31504. Identification of motor vehicles
(a) GENERAL AUTHORITY.—The Secretary of Transportation may—
(1) issue and require the display of an identification plate on a motor
vehicle used in transportation provided by a motor private carrier and
a motor carrier of migrant workers subject to section 31502(c) of this
title, except a motor contract carrier; and
(2) require each of those motor private carriers and motor carriers
of migrant workers to pay the reasonable cost of the plate.
(b) LIMITATION.—A motor private carrier or a motor carrier of migrant
workers may use an identification plate only as authorized by the Secretary.
CHAPTER 
317—PARTICIPATION 
IN 
INTERNATIONAL
REGISTRATION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT
Sec.
31701.
Definitions.
31702.
Working group.
31703.
Grants.
31704.
Vehicle registration.
31705.
Fuel use tax.
31706.
Enforcement.
31707.
Limitations on statutory construction.
31708.
Authorization of appropriations.
§ 31701. Definitions
In this chapter—
(1) ‘‘commercial motor vehicle’’, with respect to—
(A) the International Registration Plan, has the same meaning
given the term ‘‘apportionable vehicle’’ under the Plan; and
(B) the International Fuel Tax Agreement, has the same mean-
ing given the term ‘‘qualified motor vehicle’’ under the Agreement.
(2) ‘‘fuel use tax’’ means a tax imposed on or measured by the con-
sumption of fuel in a motor vehicle.
(3) ‘‘International Fuel Tax Agreement’’ means the interstate agree-
ment on collecting and distributing fuel use taxes paid by motor car-
riers, developed under the auspices of the National Governors’ Associa-
tion.
(4) ‘‘International Registration Plan’’ means the interstate agree-
ment on apportioning vehicle registration fees paid by motor carriers,
developed by the American Association of Motor Vehicle Administra-
tors.
349
(5) ‘‘Regional Fuel Tax Agreement’’ means the interstate agreement
on collecting and distributing fuel use taxes paid by motor carriers in
the States of Maine, Vermont, and New Hampshire.
(6) ‘‘State’’ means the 48 contiguous States and the District of Co-
lumbia.
§ 31702. Working group
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a
working group of State and local government officials, including representa-
tives of the National Governors’ Association, the American Association of
Motor Vehicle Administrators, the National Conference of State Legisla-
tures, the Federation of Tax Administrators, and the Board of Directors for
the International Fuel Tax Agreement, and a representative of the Regional
Fuel Tax Agreement.
(b) PURPOSES.—The purposes of the working group are—
(1) to propose procedures to resolve disputes among States partici-
pating in the International Registration Plan and among States partici-
pating in the International Fuel Tax Agreement, including designating
the Secretary or any other person to resolve the disputes; and
(2) to provide technical assistance to States participating or seeking
to participate in the Plan or Agreement.
(c) CONSULTATION REQUIREMENT.—In carrying out subsection (b) of
this section, the working group shall consult with members of the motor car-
rier industry.
(d) REPORT.—(1) Not later than December 18, 1993, the working group
shall submit a report to—
(A) the Secretary;
(B) the Committee on Commerce, Science, and Transportation of the
Senate;
(C) the Committee on Public Works and Transportation of the
House of Representatives;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the States participating in the International Registration Plan;
and
(F) the States participating in the International Fuel Tax Agree-
ment.
(2) The report shall contain a detailed statement of the working group’s
findings and conclusions and its joint recommendations about the matters
referred to in subsection (b) of this section. After submitting the report, the
working group periodically may review and modify the findings and conclu-
sions and the joint recommendations as appropriate and submit a report
350
containing the modifications to the Secretary and the committees specified
in paragraph (1) of this subsection.
(e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee
Act (5 App. U.S.C.) does not apply to the working group.
§ 31703. Grants
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
grants to States and appropriate persons to facilitate participation in the
International Registration Plan and the International Fuel Tax Agreement
and to make administrative improvements in any other base State fuel use
tax agreement in existence as of January 1, 1991. A grant may include
amounts for technical assistance, personnel training, travel costs, and tech-
nology and equipment associated with the participation.
(b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of a grant
with amounts made available under this section is a contractual obligation
of the United States Government for payment of the Government’s share
of the grant.
§ 31704. Vehicle registration
After September 30, 1996, a State that is not participating in the Inter-
national Registration Plan may not establish, maintain, or enforce a com-
mercial motor vehicle registration law, regulation, or agreement that limits
the operation in that State of a commercial motor vehicle that is not reg-
istered under the laws of the State, if the vehicle is registered under the
laws of a State participating in the Plan.
§ 31705. Fuel use tax
(a) REPORTING REQUIREMENTS.—After September 30, 1996, a State
may establish, maintain, or enforce a law or regulation that has a fuel use
tax reporting requirement (including any tax reporting form) only if the re-
quirement conforms with the International Fuel Tax Agreement.
(b) PAYMENT.—After September 30, 1996, a State may establish, main-
tain, or enforce a law or regulation that provides for the payment of a fuel
use tax only if the law or regulation conforms with the International Fuel
Tax Agreement as it applies to collection of a fuel use tax by a single base
State and proportional sharing of fuel use taxes charged among the States
where a commercial motor vehicle is operated.
(c) LIMITATION.—If the International Fuel Tax Agreement is amended,
a State not participating in the Agreement when the amendment is made
is not subject to the conformity requirements of subsections (a) and (b) of
this section in regard to the amendment until after a reasonable time, but
not earlier than the expiration of—
351
(1) the 365-day period beginning on the first day that States partici-
pating in the Agreement are required to comply with the amendment;
or
(2) the 365-day period beginning on the day the relevant office of
the State receives written notice of the amendment from the Secretary
of Transportation.
(d) NONAPPLICATION.—This section does not apply to a State that was
participating in the Regional Fuel Tax Agreement on January 1, 1991, and
that continues to participate in that Agreement after that date.
§ 31706. Enforcement
(a) CIVIL ACTIONS.—On request of the Secretary of Transportation, the
Attorney General may bring a civil action in a court of competent jurisdic-
tion to enforce compliance with sections 31704 and 31705 of this title.
(b) VENUE.—An action under this section may be brought only in the
State in which an order is required to enforce compliance.
(c) RELIEF.—Subject to section 1341 of title 28, the court, on a proper
showing—
(1) shall issue a temporary restraining order or a preliminary or per-
manent injunction; and
(2) may require by the injunction that the State or any person com-
ply with sections 31704 and 31705 of this title.
§ 31707. Limitations on statutory construction
Sections 31704 and 31705 of this title do not limit the amount of money
a State may charge for registration of a commercial motor vehicle or the
amount of any fuel use tax a State may impose.
§ 31708. Authorization of appropriations
(a) GENERAL.—From amounts made available under section 31104 of
this title, the Secretary of Transportation shall provide the following
amounts for each of the fiscal years ending September 30, 1993-1997:
(1) $1,000,000 for activities of the working group under section
31702 of this title.
(2) $5,000,000 for grants under section 31703 of this title.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
PART C—INFORMATION, STANDARDS, AND
REQUIREMENTS
CHAPTER 321—GENERAL
Sec.
32101.
Definitions.
32102.
Authorization of appropriations.
§ 32101. Definitions
In this part (except section 32304 and chapter 329)—
352
(1) ‘‘bumper standard’’ means a minimum performance standard
that substantially reduces—
(A) the damage to the front or rear end of a passenger motor
vehicle from a low-speed collision (including a collision with a fixed
barrier) or from towing the vehicle; or
(B) the cost of repairing the damage.
(2) ‘‘insurer’’ means a person in the business of issuing, or reinsur-
ing any part of, a passenger motor vehicle insurance policy.
(3) ‘‘interstate commerce’’ means commerce between a place in a
State and—
(A) a place in another State; or
(B) another place in the same State through another State.
(4) ‘‘make’’, when describing a passenger motor vehicle, means the
trade name of the manufacturer of the vehicle.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling passenger motor vehicles or
passenger motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equipment for re-
sale.
(6) ‘‘model’’, when describing a passenger motor vehicle, means a
category of passenger motor vehicles based on the size, style, and type
of a make of vehicle.
(7) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public streets, roads, and
highways, but does not include a vehicle operated only on a rail line.
(8) ‘‘motor vehicle accident’’ means an accident resulting from the
maintenance or operation of a passenger motor vehicle or passenger
motor vehicle equipment.
(9) ‘‘multipurpose passenger vehicle’’ means a passenger motor vehi-
cle constructed on a truck chassis or with special features for occa-
sional off-road operation.
(10) ‘‘passenger motor vehicle’’ means a motor vehicle with motive
power designed to carry not more than 12 individuals, but does not in-
clude—
(A) a motorcycle; or
(B) a truck not designed primarily to carry its operator or pas-
sengers.
(11) ‘‘passenger motor vehicle equipment’’ means—
(A) a system, part, or component of a passenger motor vehicle
as originally made;
353
(B) a similar part or component made or sold for replacement
or improvement of a system, part, or component, or as an acces-
sory or addition to a passenger motor vehicle; or
(C) a device made or sold for use in towing a passenger motor
vehicle.
(12) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
(13) ‘‘United States district court’’ means a district court of the
United States, a United States court for Guam, the Virgin Islands, and
American Samoa, and the district court for the Northern Mariana Is-
lands.
§ 32102. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Transpor-
tation for the National Highway Traffic Safety Administration to carry out
this part:
(1) $6,731,430 for the fiscal year ending September 30, 1993.
(2) $6,987,224 for the fiscal year ending September 30, 1994.
(3) $7,252,739 for the fiscal year ending September 30, 1995.
CHAPTER 323—CONSUMER INFORMATION
Sec.
32301.
Definitions.
32302.
Passenger motor vehicle information.
32303.
Insurance information.
32304.
Passenger motor vehicle country of origin labeling.
32305.
Information and assistance from other departments, agencies, and instrumentalities.
32306.
Personnel.
32307.
Investigative powers.
32308.
General prohibitions, civil penalty, and enforcement.
32309.
Criminal penalty for labeling violations.
§ 32301. Definitions
In this chapter—
(1) ‘‘crashworthiness’’ means the protection a passenger motor vehi-
cle gives its passengers against personal injury or death from a motor
vehicle accident.
(2) ‘‘damage susceptibility’’ means the susceptibility of a passenger
motor vehicle to damage in a motor vehicle accident.
§ 32302. Passenger motor vehicle information
(a) INFORMATION PROGRAM.—The Secretary of Transportation shall
maintain a program for developing the following information on passenger
motor vehicles:
(1) damage susceptibility.
(2) crashworthiness.
(3) the degree of difficulty of diagnosis and repair of damage to, or
failure of, mechanical and electrical systems.
354
(4) vehicle operating costs dependent on the characteristics referred
to in clauses (1)–(3) of this subsection, including insurance information
obtained under section 32303 of this title.
(b) MOTOR VEHICLE INFORMATION.—To assist a consumer in buying a
passenger motor vehicle, the Secretary shall provide to the public informa-
tion developed under subsection (a) of this section. The information shall
be in a simple and understandable form that allows comparison of the char-
acteristics referred to in subsection (a)(1)–(3) of this section among the
makes and models of passenger motor vehicles. The Secretary may require
passenger motor vehicle dealers to distribute the information to prospective
buyers.
(c) INSURANCE COST INFORMATION.—The Secretary shall prescribe regu-
lations that require passenger motor vehicle dealers to distribute to prospec-
tive buyers information the Secretary develops and provides to the dealers
that compares insurance costs for different makes and models of passenger
motor vehicles based on damage susceptibility and crashworthiness.
§ 32303. Insurance information
(a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1) In car-
rying out this chapter, the Secretary of Transportation may require an in-
surer, or a designated agent of the insurer, to make reports and provide
the Secretary with information. The reports and information may include
accident claim information by make, model, and model year of passenger
motor vehicle about the kind and extent of—
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided under
this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports and in-
formation;
(B) consider the extent to which the reports and information will
contribute to carrying out this chapter; and
(C) consult with State authorities and public and private agencies
the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports and informa-
tion under this subsection on a voluntary basis.
(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE SUS-
CEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When requested
by the Secretary, an insurer shall give the Secretary information—
(1) about the extent to which the insurance premiums charged by
the insurer are affected by damage susceptibility, crashworthiness, and
355
the cost of repair and personal injury, for each make and model of pas-
senger motor vehicle; and
(2) available to the insurer about the effect of damage susceptibility,
crashworthiness, and the cost of repair and personal injury for each
make and model of passenger motor vehicle on the risk incurred by the
insurer in insuring that make and model.
(c) DISCLOSURE.—In distributing information received under this section,
the Secretary may disclose identifying information about a person that may
be an insured, a claimant, a passenger, an owner, a witness, or an individual
involved in a motor vehicle accident, only with the consent of the person.
§ 32304. Passenger motor vehicle country of origin labeling
(a) DEFINITIONS.—In this section—
(1) ‘‘allied supplier’’ means a supplier of passenger motor vehicle
equipment that is wholly owned by the manufacturer, or if a joint ven-
ture vehicle assembly arrangement, a supplier that is wholly owned by
one member of the joint venture arrangement.
(2)(A) ‘‘carline’’—
(i) means a name given a group of passenger motor vehicles
that has a degree of commonality in construction such as body and
chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished
by characteristics such as roof line, number of doors, seats, or
windows; and
(B) light duty trucks are different carlines than passenger motor ve-
hicles.
(3) ‘‘country of origin’’, when referring to the origin of an engine
or transmission, means the country from which the largest share of the
dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate
countries; and
(B) the estimate of the percentage of the dollar value shall be
based on the purchase price of direct materials, as received at in-
dividual engine or transmission plants, of engines of the same dis-
placement and transmissions of the same transmission type.
(4) ‘‘dealer’’ means a person residing or located in the United
States, including the District of Columbia or a territory or possession
of the United States, and engaged in selling or distributing new pas-
senger motor vehicles to the ultimate purchaser.
(5) ‘‘final assembly place’’ means the plant, factory, or other place
at which a new passenger motor vehicle is produced or assembled by
356
a manufacturer, and from which the vehicle is delivered to a dealer or
importer with all component parts necessary for the mechanical oper-
ation of the vehicle included with the vehicle, whether or not the com-
ponent parts are permanently installed in or on the vehicle.
(6) ‘‘foreign content’’ means passenger motor vehicle equipment that
is not of United States/Canadian origin.
(7) ‘‘manufacturer’’ means a person—
(A) engaged in manufacturing or assembling new passenger
motor vehicles;
(B) importing new passenger motor vehicles for resale; or
(C) acting for and under the control of such a manufacturer,
assembler, or importer in connection with the distribution of new
passenger motor vehicles.
(8) ‘‘new passenger motor vehicle’’ means a passenger motor vehicle
for which a manufacturer, distributor, or dealer has never transferred
the equitable or legal title to the vehicle to an ultimate purchaser.
(9) ‘‘of United States/Canadian origin’’, when referring to passenger
motor vehicle equipment, means—
(A) for an outside supplier, passenger motor vehicle equipment
whose purchase price contains at least 70 percent value added in
the United States and Canada; and
(B) for an allied supplier, that part of the individual passenger
motor vehicle equipment whose purchase price the manufacturer
determines remains after subtracting the total of the purchase
prices of all material of foreign content purchased from outside
suppliers, with the determination of the United States/Canadian
origin or of the foreign content from outside suppliers being con-
sistent with subclause (A) of this clause.
(10) ‘‘outside supplier’’ means a supplier of passenger motor vehicle
equipment to a manufacturer’s allied supplier, or a person other than
an allied supplier, who ships directly to the manufacturer’s final assem-
bly place.
(11) ‘‘passenger motor vehicle’’ means a motor vehicle with motive
power, manufactured primarily for use on public streets, roads, and
highways, and designed to carry not more than 12 individuals—
(A) including a multipurpose vehicle or light duty truck when
the vehicle or truck is rated at not more than 8,500 pounds gross
vehicle weight; but
(B) not including—
(i) a motorcycle;
357
(ii) a truck not designed primarily to carry its operator or
passengers; or
(iii) a vehicle operated only on a rail line.
(12) ‘‘passenger motor vehicle equipment’’—
(A) means a system, subassembly, or component received at the
final vehicle assembly place for installation on, or attachment to,
a passenger motor vehicle at the time of its first shipment by the
manufacturer to a dealer for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts, clips,
screws, pins, braces, and other attachment hardware) and other
similar items the Secretary of Transportation may prescribe by
regulation after consulting with manufacturers and labor.
(13) ‘‘percentage (by value)’’, when referring to passenger motor ve-
hicle equipment of United States/Canadian origin, means the percent-
age remaining after subtracting the percentage (by value) of passenger
motor vehicle equipment that is not of United States/Canadian origin
that will be installed or included on those vehicles produced in a car-
line, from 100 percent—
(A) with value being expressed in terms of the purchase price;
and
(B) for outside suppliers and allied suppliers, the value used is
the purchase price of the equipment paid at the final assembly
place.
(14) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, Guam, the Canal Zone, American Samoa, and the
Virgin Islands.
(15) ‘‘value added in the United States and Canada’’ means a per-
centage determined by subtracting the total purchase price of foreign
content from the total purchase price, and dividing the remainder by
the total purchase price, excluding costs incurred or profits made at
the final assembly place and beyond (including advertising, assembly,
labor, interest payments, and profits), with the following groupings
being used:
(A) engines of same displacement produced at the same plant.
(B) transmissions of the same type produced at the same plant.
(b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of a new
passenger motor vehicle manufactured after September 30, 1994, and dis-
tributed in commerce for sale in the United States, shall establish each year
for each model year and cause to be attached in a prominent place on each
of those vehicles, at least one label. The label shall contain the following
information:
358
(A) the percentage (by value) of passenger motor vehicle equipment
of United States/Canadian origin installed on vehicles in the carline to
which that vehicle belongs, identified by the words ‘‘U.S./Canadian con-
tent’’.
(B) the final assembly place for that vehicle by city, State (where
appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed on pas-
senger motor vehicles in a carline originated in any country other than
the United States and Canada, the names of at least the 2 countries
in which the greatest amount (by value) of that equipment originated
and the percentage (by value) of the equipment originating in each
country.
(D) the country of origin of the engine and the transmission for each
vehicle.
(2) At the beginning of each model year, each manufacturer shall estab-
lish the percentages required for each carline to be indicated on the label
under this subsection. Those percentages are applicable to that carline for
the entire model year. A manufacturer may round those percentages to the
nearest 5 percent.
(3) A manufacturer complying with the requirement of paragraph (1)(B)
of this subsection satisfies the disclosure requirement of section 3(b) of the
Automobile Information Disclosure Act (15 U.S.C. 1232(b)).
(c) DEALER REQUIREMENT.—Each dealer engaged in the sale or dis-
tribution of a new passenger motor vehicle manufactured after September
30, 1994, shall cause to be maintained on that vehicle the label required
to be attached to that vehicle under subsection (b) of this section.
(d) FORM AND CONTENT OF LABEL.—The Secretary of Transportation
shall prescribe by regulation the form and content of the label required
under subsection (b) of this section and the manner and location in which
the label is attached. The Secretary shall permit a manufacturer to comply
with this section by allowing the manufacturer to disclose the information
required under subsection (b)(1) on the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C. 1232), on the label re-
quired by section 32908 of this title, or on a separate label that is readily
visible.
(e) REGULATIONS.—In consultation with the Secretaries of Commerce
and the Treasury, the Secretary of Transportation shall prescribe regula-
tions necessary to carry out this section, including regulations establishing
a procedure to verify the label information required under subsection (b)(1)
of this section. Those regulations shall provide the ultimate purchaser of a
new passenger motor vehicle with the best and most understandable infor-
359
mation possible about the foreign content and United States/Canadian ori-
gin of the equipment of the vehicles without imposing costly and unneces-
sary burdens on the manufacturers. The Secretary of Transportation shall
prescribe the regulations promptly to provide adequate lead time for each
manufacturer to comply with this section. The regulations shall include pro-
visions applicable to outside suppliers and allied suppliers to require those
suppliers to certify whether passenger motor vehicle equipment provided by
those suppliers is of United States origin, of United States/Canadian origin,
or of foreign content and to provide other information the Secretary of
Transportation decides is necessary to allow each manufacturer to comply
reasonably with this section and to rely on that certification and informa-
tion.
(f) PREEMPTION.—(1) When a label content requirement prescribed
under this section is in effect, a State or a political subdivision of a State
may not adopt or enforce a law or regulation related to the content of vehi-
cles covered by a requirement under this section.
(2) A State or a political subdivision of a State may prescribe require-
ments related to the content of passenger motor vehicles obtained for its
own use.
§ 32305. Information and assistance from other depart-
ments, agencies, and instrumentalities
(a) AUTHORITY TO REQUEST.—The Secretary of Transportation may re-
quest information necessary to carry out this chapter from a department,
agency, or instrumentality of the United States Government. The head of
the department, agency, or instrumentality shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency, or in-
strumentality may detail, on a reimbursable basis, personnel to assist the
Secretary in carrying out this chapter.
§ 32306. Personnel
(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary
of Transportation may—
(1) appoint and fix the pay of employees without regard to the provi-
sions of title 5 governing appointment in the competitive service and
chapter 51 and subchapter III of chapter 53 of title 5; and
(2) make contracts with persons for research and preparation of re-
ports.
(b) STATUS OF ADVISORY COMMITTEE MEMBERS.—A member of an ad-
visory committee appointed under section 325 of this title to carry out this
chapter is a special United States Government employee under chapter 11
of title 18.
360
§ 32307. Investigative powers
(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary
of Transportation may—
(1) inspect and copy records of any person at reasonable times;
(2) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(3) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(b) WITNESS FEES AND MILEAGE.—A witness summoned under sub-
section (a) of this section is entitled to the same fee and mileage the witness
would have been paid in a court of the United States.
(c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or
order of the Secretary under subsection (a) of this section may be brought
in the United States district court for the judicial district in which the pro-
ceeding by the Secretary is conducted. The court may punish a failure to
obey an order of the court to comply with the subpena or order of the Sec-
retary as a contempt of court.
(d) CONFIDENTIALITY OF INFORMATION.—Information obtained by the
Secretary under this section related to a confidential matter referred to in
section 1905 of title 18 may be disclosed only to another officer or employee
of the United States Government for use in carrying out this chapter. This
subsection does not authorize information to be withheld from a committee
of Congress authorized to have the information.
§ 32308. General prohibitions, civil penalty, and enforce-
ment
(a) PROHIBITIONS.—A person may not—
(1) fail to provide the Secretary of Transportation with information
requested by the Secretary in carrying out this chapter; or
(2) fail to comply with applicable regulations prescribed by the Sec-
retary in carrying out this chapter.
(b) CIVIL PENALTY.—(1) A person that violates subsection (a) of this
section is liable to the United States Government for a civil penalty of not
more than $1,000 for each violation. Each failure to provide information or
comply with a regulation in violation of subsection (a) is a separate viola-
tion. The maximum penalty under this subsection for a related series of vio-
lations is $400,000.
(2) The Secretary may compromise the amount of a civil penalty imposed
under this section.
361
(3) In determining the amount of a penalty or compromise, the appro-
priateness of the penalty or compromise to the size of the business of the
person charged and the gravity of the violation shall be considered.
(4) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the person liable
for the penalty.
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring
a civil action in a United States district court to enjoin a violation of sub-
section (a) of this section.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection
is planned;
(B) give the person an opportunity to present that person’s views;
and
(C) give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this sub-
section does not prevent a court from granting appropriate relief.
(d) VENUE AND SERVICE.—A civil action under this section may be
brought in the judicial district in which the violation occurred or the defend-
ant is found, resides, or does business. Process in the action may be served
in any other judicial district in which the defendant resides or is found. A
subpena for a witness in the action may be served in any judicial district.
§ 32309. Criminal penalty for labeling violations
(a) DEFINITIONS.—The definitions in section 32304 of this title apply to
this section.
(b) PENALTIES.—A manufacturer of a passenger motor vehicle distrib-
uted in commerce for sale in the United States that willfully fails to attach
the label required under section 32304 of this title to a new passenger
motor vehicle that the manufacturer manufactures or imports, or a dealer
that fails to maintain that label as required under section 32304, is liable
to the United States Government for a civil penalty of not more than
$1,000 for each violation. Each failure to attach or maintain that label for
each vehicle is a separate violation.
CHAPTER 325—BUMPER STANDARDS
Sec.
32501.
Purpose.
32502.
Bumper standards.
32503.
Judicial review of bumper standards.
32504.
Certificates of compliance.
32505.
Information and compliance requirements.
32506.
Prohibited acts.
32507.
Penalties and enforcement.
32508.
Civil actions by owners of passenger motor vehicles.
32509.
Information and assistance from other departments, agencies, and instrumentalities.
32510.
Annual report.
362
32511.
Relationship to other motor vehicle standards.
§ 32501. Purpose
The purpose of this chapter is to reduce economic loss resulting from
damage to passenger motor vehicles involved in motor vehicle accidents by
providing for the maintenance and enforcement of bumper standards.
§ 32502. Bumper standards
(a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Secretary of
Transportation shall prescribe by regulation bumper standards for pas-
senger motor vehicles and may prescribe by regulation bumper standards for
passenger motor vehicle equipment manufactured in, or imported into, the
United States. A standard does not apply to a passenger motor vehicle or
passenger motor vehicle equipment—
(1) intended only for export;
(2) labeled for export on the vehicle or equipment and the outside
of any container of the vehicle or equipment; and
(3) exported.
(b) LIMITATIONS.—A standard under this section—
(1) may not conflict with a motor vehicle safety standard prescribed
under chapter 301 of this title;
(2) may not specify a dollar amount for the cost of repairing damage
to a passenger motor vehicle; and
(3) to the greatest practicable extent, may not preclude the attach-
ment of a detachable hitch.
(c) EXEMPTIONS.—For good cause, the Secretary may exempt from any
part of a standard—
(1) a multipurpose passenger vehicle; or
(2) a make, model, or class of a passenger motor vehicle manufac-
tured for a special use, if the standard would interfere unreasonably
with the special use of the vehicle.
(d) COST
REDUCTION
AND
CONSIDERATIONS.—When prescribing a
standard under this section, the Secretary shall design the standard to ob-
tain the maximum feasible reduction of costs to the public, considering—
(1) the costs and benefits of carrying out the standard;
(2) the effect of the standard on insurance costs and legal fees and
costs;
(3) savings in consumer time and inconvenience; and
(4) health and safety, including emission standards.
(e) PROCEDURES.—Section 553 of title 5 applies to a standard prescribed
under this section. However, the Secretary shall give an interested person
an opportunity to make oral and written presentations of information, views,
and arguments. A transcript of each oral presentation shall be kept. Under
363
conditions prescribed by the Secretary, the Secretary may conduct a hearing
to resolve an issue of fact material to a standard.
(f) EFFECTIVE DATE.—The Secretary shall prescribe an effective date for
a standard under this section. That date may not be earlier than the date
the standard is prescribed nor later than 18 months after the date the
standard is prescribed. However, the Secretary may prescribe a later date
when the Secretary submits to Congress and publishes the reasons for the
later date. A standard only applies to a passenger motor vehicle or pas-
senger motor vehicle equipment manufactured on or after the effective date.
(g) RESEARCH.—The Secretary shall conduct research necessary to carry
out this chapter.
§ 32503. Judicial review of bumper standards
(a) FILING AND VENUE.—A person that may be adversely affected by a
standard prescribed under section 32502 of this title may apply for review
of the standard by filing a petition for review in the United States Court
of Appeals for the District of Columbia Circuit or in the court of appeals
of the United States for the circuit in which the person resides or has its
principal place of business. The petition must be filed not later than 59 days
after the standard is prescribed.
(b) NOTIFYING SECRETARY.—The clerk of the court shall send imme-
diately a copy of the petition to the Secretary of Transportation. The Sec-
retary shall file with the court a record of the proceeding in which the
standard was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the
court may order the Secretary to receive additional evidence and evidence
in rebuttal if the court is satisfied the additional evidence is material and
there were reasonable grounds for not presenting the evidence in the pro-
ceeding before the Secretary.
(2) The Secretary may modify findings of fact or make new findings be-
cause of the additional evidence presented. The Secretary shall file a modi-
fied or new finding, a recommendation to modify or set aside a standard,
and the additional evidence with the court.
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg-
ment of a court under this section may be reviewed only by the Supreme
Court under section 1254 of title 28. A remedy under this section is in addi-
tion to any other remedies provided by law.
§ 32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transportation, a manu-
facturer or distributor of a passenger motor vehicle or passenger motor vehi-
cle equipment subject to a standard prescribed under section 32502 this
364
title shall give the distributor or dealer at the time of delivery a certificate
that the vehicle or equipment complies with the standard.
§ 32505. Information and compliance requirements
(a) GENERAL AUTHORITY.—(1) To enable the Secretary of Transpor-
tation to decide whether a manufacturer of passenger motor vehicles or pas-
senger motor vehicle equipment is complying with this chapter and stand-
ards prescribed under this chapter, the Secretary may require the manufac-
turer to—
(A) keep records;
(B) make reports;
(C) provide items and information, including vehicles and equipment
for testing at a negotiated price not more than the manufacturer’s cost;
and
(D) allow an officer or employee designated by the Secretary to in-
spect vehicles and relevant records of the manufacturer.
(2) To enforce this chapter, an officer or employee designated by the Sec-
retary, on presenting appropriate credentials and a written notice to the
owner, operator, or agent in charge, may inspect a facility in which pas-
senger motor vehicles or passenger motor vehicle equipment is manufac-
tured, held for introduction in interstate commerce, or held for sale after
introduction in interstate commerce. An inspection shall be conducted at a
reasonable time, in a reasonable way, and with reasonable promptness.
(b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—(1) In
carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee
and mileage the witness would have been paid in a court of the United
States.
(3) A civil action to enforce a subpena or order of the Secretary under
this subsection may be brought in the United States district court for the
judicial district in which the proceeding by the Secretary was conducted.
The court may punish a failure to obey an order of the court to comply
with the subpena or order of the Secretary as a contempt of court.
(c) CONFIDENTIALITY OF INFORMATION.—(1) Information obtained by
the Secretary under this chapter related to a confidential matter referred
to in section 1905 of title 18 may be disclosed only—
365
(A) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(B) in a proceeding under this chapter.
(2) This subsection does not authorize information to be withheld from
a committee of Congress authorized to have the information.
(3) Subject to paragraph (1) of this subsection, the Secretary, on request,
shall make available to the public at cost information the Secretary submits
or receives in carrying out this chapter.
§ 32506. Prohibited acts
(a) GENERAL.—Except as provided in this section, a person may not—
(1) manufacture for sale, sell, offer for sale, introduce or deliver for
introduction in interstate commerce, or import into the United States,
a passenger motor vehicle or passenger motor vehicle equipment manu-
factured on or after the date an applicable standard under section
32502 of this title takes effect, unless it conforms to the standard;
(2) fail to comply with an applicable regulation prescribed by the
Secretary of Transportation under this chapter;
(3) fail to keep records, refuse access to or copying of records, fail
to make reports or provide items or information, or fail or refuse to
allow entry or inspection, as required by this chapter or a regulation
prescribed under this chapter; or
(4) fail to provide the certificate required by section 32504 of this
title, or provide a certificate that the person knows, or in the exercise
of reasonable care has reason to know, is false or misleading in a mate-
rial respect.
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply
to—
(1) the sale, offer for sale, or introduction or delivery for introduc-
tion in interstate commerce of a passenger motor vehicle or passenger
motor vehicle equipment after the first purchase of the vehicle or equip-
ment in good faith other than for resale (but this clause does not pro-
hibit a standard from requiring that a vehicle or equipment be manu-
factured to comply with the standard over a specified period of oper-
ation or use); or
(2) a person—
(A) establishing that the person had no reason to know, by exer-
cising reasonable care, that the vehicle or equipment does not com-
ply with the standard; or
(B) holding, without knowing about a noncompliance and before
that first purchase, a certificate issued under section 32504 of this
366
title stating that the vehicle or equipment complies with the stand-
ard.
(c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1) The
Secretaries of Transportation and the Treasury may prescribe joint regula-
tions authorizing a passenger motor vehicle or passenger motor vehicle
equipment not complying with a standard prescribed under section 32502
of this title to be imported into the United States subject to conditions (in-
cluding providing a bond) the Secretaries consider appropriate to ensure
that the vehicle or equipment will—
(A) comply, after importation, with the standards prescribed under
section 32502 of this title;
(B) be exported; or
(C) be abandoned to the United States Government.
(2) The Secretaries may prescribe joint regulations that allow a passenger
motor vehicle or passenger motor vehicle equipment to be imported into the
United States after the first purchase in good faith other than for resale.
(d) LIABILITY UNDER OTHER LAW.—Compliance with a standard under
this chapter does not exempt a person from liability provided by law.
§ 32507. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates section 32506(a) of this
title is liable to the United States Government for a civil penalty of not
more than $1,000 for each violation. A separate violation occurs for each
passenger motor vehicle or item of passenger motor vehicle equipment in-
volved in a violation of section 32506(a)(1) or (4) of this title—
(A) that does not comply with a standard prescribed under section
32502 of this title; or
(B) for which a certificate is not provided, or for which a false or
misleading certificate is provided, under section 32504 of this title.
(2) The maximum civil penalty under this subsection for a related series
of violations is $800,000.
(3) The Secretary of Transportation imposes a civil penalty under this
subsection. The Attorney General or the Secretary, with the concurrence of
the Attorney General, shall bring a civil action in a United States district
court to collect the penalty.
(b) CRIMINAL PENALTY.—A person knowingly and willfully violating sec-
tion 32506(a)(1) of this title after receiving a notice of noncompliance from
the Secretary shall be fined under title 18, imprisoned for not more than
one year, or both. If the person is a corporation, the penalties of this sub-
section also apply to a director, officer, or individual agent of the corpora-
tion who, with knowledge of the Secretary’s notice, knowingly and willfully
authorizes, orders, or performs an act that is any part of the violation.
367
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attorney
General may bring a civil action in a United States district court to enjoin
a violation of this chapter or the sale, offer for sale, introduction or delivery
for introduction in interstate commerce, or importation into the United
States, of a passenger motor vehicle or passenger motor vehicle equipment
that is found, before the first purchase in good faith other than for resale,
not to comply with a standard prescribed under section 32502 of this title.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection
is planned;
(B) give the person an opportunity to present that person’s views;
and
(C) except for a knowing and willful violation, give the person a rea-
sonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this sub-
section does not prevent a court from granting appropriate relief.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction or restraining order issued under subsection (c) of this sec-
tion, the violation of which is also a violation of this chapter, the defendant
may demand a jury trial. The defendant shall be tried as provided in rule
42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(e) VENUE.—A civil action under subsection (a) or (c) of this section may
be brought in the judicial district in which the violation occurred or the de-
fendant is found, resides, or does business. Process in the action may be
served in any other judicial district in which the defendant resides or is
found. A subpena for a witness in the action may be served in any judicial
district.
§ 32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages as a result
of a motor vehicle accident because the vehicle did not comply with a stand-
ard prescribed under section 32502 of this title, the owner may bring a civil
action against the manufacturer to recover the damages. The action may
be brought in the United States District Court for the District of Columbia
or in the United States district court for the judicial district in which the
owner resides. The action must be brought not later than 3 years after the
date of the accident. The court shall award costs and a reasonable attor-
ney’s fee to the owner when a judgment is entered for the owner.
§ 32509. Information and assistance from other depart-
ments, agencies, and instrumentalities
(a) GENERAL AUTHORITY.—The Secretary of Transportation may re-
quest information necessary to carry out this chapter from a department,
368
agency, or instrumentality of the United States Government. The head of
the department, agency, or instrumentality shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency, or in-
strumentality may detail, on a reimbursable basis, personnel to assist the
Secretary in carrying out this chapter.
§ 32510. Annual report
Not later than March 31 of each year, the Secretary of Transportation
shall submit to Congress and the President a report on the progress in car-
rying out section 32501 of this title. The report shall include—
(1) a statement of the cost savings resulting from carrying out this
chapter; and
(2) recommendations for legislative or other action the Secretary de-
cides may be appropriate.
§ 32511. Relationship to other motor vehicle standards
(a) PREEMPTION.—Except as provided in this section, a State or a politi-
cal subdivision of a State may prescribe or enforce a bumper standard for
a passenger motor vehicle or passenger motor vehicle equipment only if the
standard is identical to a standard prescribed under section 32502 of this
title.
(b) ENFORCEMENT.—This chapter and chapter 301 of this title do not
affect the authority of a State to enforce a bumper standard about an as-
pect of performance of a passenger motor vehicle or passenger motor vehicle
equipment not covered by a standard prescribed under section 32502 of this
title if the State bumper standard—
(1) does not conflict with a standard prescribed under chapter 301
of this title; and
(2) was in effect or prescribed by the State on October 20, 1972.
(c) ADDITIONAL
AND HIGHER STANDARDS
OF PERFORMANCE.—The
United States Government, a State, or a political subdivision of a State may
prescribe a bumper standard for a passenger motor vehicle or passenger
motor vehicle equipment obtained for its own use that imposes additional
or higher standards of performance than a standard prescribed under sec-
tion 32502 of this title.
CHAPTER 327—ODOMETERS
Sec.
32701.
Findings and purposes.
32702.
Definitions.
32703.
Preventing tampering.
32704.
Service, repair, and replacement.
32705.
Disclosure requirements on transfer of motor vehicles.
32706.
Inspections, investigations, and records.
32707.
Administrative warrants.
32708.
Confidentiality of information.
32709.
Penalties and enforcement.
32710.
Civil actions by private persons.
369
32711.
Relationship to State law.
§ 32701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) buyers of motor vehicles rely heavily on the odometer reading as
an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading as an accu-
rate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer in deciding
on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign com-
merce.
(b) PURPOSES.—The purposes of this chapter are—
(1) to prohibit tampering with motor vehicle odometers; and
(2) to provide safeguards to protect purchasers in the sale of motor
vehicles with altered or reset odometers.
§ 32702. Definitions
In this chapter—
(1) ‘‘auction company’’ means a person taking possession of a motor
vehicle owned by another to sell at an auction.
(2) ‘‘dealer’’ means a person that sold at least 5 motor vehicles dur-
ing the prior 12 months to buyers that in good faith bought the vehi-
cles other than for resale.
(3) ‘‘distributor’’ means a person that sold at least 5 motor vehicles
during the prior 12 months for resale.
(4) ‘‘leased motor vehicle’’ means a motor vehicle leased to a person
for at least 4 months by a lessor that leased at least 5 vehicles during
the prior 12 months.
(5) ‘‘odometer’’ means an instrument for measuring and recording
the distance a motor vehicle is driven, but does not include an auxiliary
instrument designed to be reset by the operator of the vehicle to record
mileage of a trip.
(6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working con-
dition by replacing any part of an odometer or by correcting any inop-
erative part of an odometer.
(7) ‘‘title’’ means the certificate of title or other document issued by
the State indicating ownership.
(8) ‘‘transfer’’ means to change ownership by sale, gift, or other
means.
§ 32703. Preventing tampering
A person may not—
370
(1) advertise for sale, sell, use, install, or have installed, a device that
makes an odometer of a motor vehicle register a mileage different from
the mileage the vehicle was driven, as registered by the odometer within
the designed tolerance of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or altered,
an odometer of a motor vehicle intending to change the mileage reg-
istered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a public street,
road, or highway if the person knows that the odometer of the vehicle
is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705 of this
title.
§ 32704. Service, repair, and replacement
(a) ADJUSTING MILEAGE.—A person may service, repair, or replace an
odometer of a motor vehicle if the mileage registered by the odometer re-
mains the same as before the service, repair, or replacement. If the mileage
cannot remain the same—
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach a
written notice to the left door frame of the vehicle specifying the mile-
age before the service, repair, or replacement and the date of the serv-
ice, repair, or replacement.
(b) REMOVING OR ALTERING NOTICE.—A person may not, with intent to
defraud, remove or alter a notice attached to a motor vehicle as required
by this section.
§ 32705. Disclosure requirements on transfer of motor vehi-
cles
(a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regulations pre-
scribed by the Secretary of Transportation, a person transferring ownership
of a motor vehicle shall give the transferee a written disclosure—
(A) of the cumulative mileage registered by the odometer; or
(B) that the mileage is unknown if the transferor knows that the
mileage registered by the odometer is incorrect.
(2) A person making a written disclosure required by a regulation pre-
scribed under paragraph (1) of this subsection may not make a false state-
ment in the disclosure.
(3) A person acquiring a motor vehicle for resale may accept a disclosure
under this section only if it is complete.
(4) The regulations prescribed by the Secretary shall provide the way in
which information is disclosed and retained under this section.
371
(b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A motor
vehicle the ownership of which is transferred may not be licensed for use
in a State unless the transferee, in submitting an application to a State for
the title on which the license will be issued, includes with the application
the transferor’s title and, if that title contains the space referred to in para-
graph (3)(A)(iii) of this subsection, a statement, signed and dated by the
transferor, of the mileage disclosure required under subsection (a) of this
section. This paragraph does not apply to a transfer of ownership of a
motor vehicle that has not been licensed before the transfer.
(2)(A) Under regulations prescribed by the Secretary, if the title to a
motor vehicle issued to a transferor by a State is in the possession of a
lienholder when the transferor transfers ownership of the vehicle, the trans-
feror may use a written power of attorney (if allowed by State law) in mak-
ing the mileage disclosure required under subsection (a) of this section. Reg-
ulations prescribed under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a secure
printing process (or other secure process);
(iii) shall provide that the State issue the form to the transferee;
(iv) shall provide that the person exercising the power of attorney
retain a copy and submit the original to the State with a copy of the
title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and the
copy of the title for an appropriate period or that the State adopt alter-
native measures consistent with section 32701(b) of this title, after
considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be disclosed
on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the person
exercising the power of attorney in the space referred to in paragraph
(3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the State in
which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial trans-
actions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers appro-
priate.
(B) Section 32709(a) and (b) applies to a person granting or granted a
power of attorney under this paragraph.
372
(3)(A) A motor vehicle the ownership of which is transferred may be li-
censed for use in a State only if the title issued by the State to the trans-
feree—
(i) is produced by means of a secure printing process (or other se-
cure process);
(ii) indicates the mileage disclosure required to be made under sub-
section (a) of this section; and
(iii) contains a space for the transferee to disclose the mileage at the
time of a future transfer and to sign and date the disclosure.
(B) Subparagraph (A) of this paragraph does not require a State to ver-
ify, or preclude a State from verifying, the mileage information contained
in the title.
(c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle, the reg-
ulations prescribed under subsection (a) of this section shall require written
disclosure about mileage to be made by the lessee to the lessor when the
lessor transfers ownership of that vehicle.
(2) Under those regulations, the lessor shall provide written notice to the
lessee of—
(A) the mileage disclosure requirements of subsection (a) of this sec-
tion; and
(B) the penalties for failure to comply with those requirements.
(3) The lessor shall retain the disclosures made by a lessee under para-
graph (1) of this subsection for at least 4 years following the date the lessor
transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle without ob-
taining possession of the vehicle, the lessor, in making the disclosure re-
quired by subsection (a) of this section, may indicate on the title the mile-
age disclosed by the lessee under paragraph (1) of this subsection unless
the lessor has reason to believe that the disclosure by the lessee does not
reflect the actual mileage of the vehicle.
(d) STATE
ALTERNATE
VEHICLE
MILEAGE
DISCLOSURE
REQUIRE-
MENTS.—The requirements of subsections (b) and (c)(1) of this section on
the disclosure of motor vehicle mileage when motor vehicles are transferred
or leased apply in a State unless the State has in effect alternate motor
vehicle mileage disclosure requirements approved by the Secretary. The Sec-
retary shall approve alternate motor vehicle mileage disclosure requirements
submitted by a State unless the Secretary decides that the requirements are
not consistent with the purpose of the disclosure required by subsection (b)
or (c), as the case may be.
373
(e) AUCTION SALES.—If a motor vehicle is sold at an auction, the auction
company conducting the auction shall maintain the following records for at
least 4 years after the date of the sale:
(1) the name of the most recent owner of the motor vehicle (except
the auction company) and the name of the buyer of the motor vehicle.
(2) the vehicle identification number required under chapter 301 or
331 of this title.
(3) the odometer reading on the date the auction company took pos-
session of the motor vehicle.
(f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as provided
in paragraph (2) of this subsection, subsections (b)–(e) of this section apply
to the transfer of a motor vehicle after April 28, 1989.
(2) If a State requests, the Secretary shall assist the State in revising
its laws to comply with subsection (b) of this section. If a State requires
time beyond April 28, 1989, to revise its laws to achieve compliance, the
Secretary, on request of the State, may grant additional time that the Sec-
retary considers reasonable by publishing a notice in the Federal Register.
The notice shall include the reasons for granting the additional time. In
granting additional time, the Secretary shall ensure that the State is mak-
ing reasonable efforts to achieve compliance.
§ 32706. Inspections, investigations, and records
(a) AUTHORITY TO INSPECT
AND INVESTIGATE.—Subject to section
32707 of this title, the Secretary of Transportation may conduct an inspec-
tion or investigation necessary to carry out this chapter or a regulation pre-
scribed or order issued under this chapter. The Secretary shall cooperate
with State and local officials to the greatest extent possible in conducting
an inspection or investigation. The Secretary may give the Attorney General
information about a violation of this chapter or a regulation prescribed or
order issued under this chapter.
(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying out sub-
section (a) of this section, an officer or employee designated by the Sec-
retary, on display of proper credentials and written notice to the owner, op-
erator, or agent in charge, may—
(A) enter and inspect commercial premises in which a motor vehicle
or motor vehicle equipment is manufactured, held for shipment or sale,
maintained, or repaired;
(B) enter and inspect noncommercial premises in which the Sec-
retary reasonably believes there is a motor vehicle or motor vehicle
equipment that is an object of a violation of this chapter;
(C) inspect that motor vehicle or motor vehicle equipment; and
374
(D) impound for not more than 72 hours for inspection a motor ve-
hicle or motor vehicle equipment that the Secretary reasonably believes
is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall be con-
ducted at a reasonable time, in a reasonable way, and with reasonable
promptness. The written notice may consist of a warrant issued under sec-
tion 32707 of this title.
(c) REASONABLE COMPENSATION.—When the Secretary impounds for in-
spection a motor vehicle (except a vehicle subject to subchapter II of chapter
105 of this title) or motor vehicle equipment under subsection (b)(1)(D) of
this section, the Secretary shall pay reasonable compensation to the owner
of the vehicle or equipment if the inspection or impoundment results in de-
nial of use, or reduction in value, of the vehicle or equipment.
(d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable the
Secretary to decide whether a dealer or distributor is complying with this
chapter and regulations prescribed and orders issued under this chapter, the
Secretary may require the dealer or distributor—
(A) to keep records;
(B) to provide information from those records if the Secretary states
the purpose for requiring the information and identifies the information
to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Secretary to
inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do not au-
thorize the Secretary to require a dealer or distributor to provide informa-
tion on a regular periodic basis.
(e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO ENFORCE.—
(1) In carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee
and mileage the witness would have been paid in a court of the United
States.
(3) A civil action to enforce a subpena or order of the Secretary under
this subsection may be brought in the United States district court for the
judicial district in which the proceeding by the Secretary was conducted.
375
The court may punish a failure to obey an order of the court to comply
with the subpena or order of the Secretary as a contempt of court.
(f) PROHIBITIONS.—A person may not fail to keep records, refuse access
to or copying of records, fail to make reports or provide information, fail
to allow entry or inspection, or fail to permit impoundment, as required
under this section.
§ 32707. Administrative warrants
(a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid public
interest in the effective enforcement of this chapter or a regulation pre-
scribed under this chapter sufficient to justify the inspection or impound-
ment in the circumstances stated in an application for a warrant under this
section.
(b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as provided in
paragraph (4) of this subsection, an inspection or impoundment under sec-
tion 32706 of this title may be carried out only after a warrant is obtained.
(2) A judge of a court of the United States or a State court of record
or a United States magistrate may issue a warrant for an inspection or im-
poundment under section 32706 of this title within the territorial jurisdic-
tion of the court or magistrate. The warrant must be based on an affidavit
that—
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer or em-
ployee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when the judge or
magistrate decides there is a reasonable basis for believing that probable
cause exists to issue the warrant. The warrant must—
(A) identify the premises, property, or motor vehicle to be inspected
and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing the war-
rant, and the name of the affiant;
(C) direct an individual authorized under section 32706 of this title
to inspect the premises, property, or vehicle for the purpose stated in
the warrant and, when appropriate, to impound the property specified
in the warrant;
(D) direct that the warrant be served during the hours specified in
the warrant; and
(E) name the judge or magistrate with whom proof of service is to
be filed.
(4) A warrant under this section is not required when—
(A) the owner, operator, or agent in charge of the premises consents;
376
(B) it is reasonable to believe that the mobility of the motor vehicle
to be inspected makes it impractical to obtain a warrant;
(C) an application for a warrant cannot be made because of an emer-
gency;
(D) records are to be inspected and copied under section
32706(e)(1)(A) of this title; or
(E) a warrant is not constitutionally required.
(c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant issued
under this section must be served and proof of service filed not later than
10 days after its issuance date. The judge or magistrate may allow addi-
tional time in the warrant if the Secretary of Transportation demonstrates
a need for additional time. Proof of service must be filed promptly with a
written inventory of the property impounded under the warrant. The inven-
tory shall be made in the presence of the individual serving the warrant and
the individual from whose possession or premises the property was im-
pounded, or if that individual is not present, a credible individual except the
individual making the inventory. The individual serving the warrant shall
verify the inventory. On request, the judge or magistrate shall send a copy
of the inventory to the individual from whose possession or premises the
property was impounded and to the applicant for the warrant.
(2) When property is impounded under a warrant, the individual serving
the warrant shall—
(A) give the person from whose possession or premises the property
was impounded a copy of the warrant and a receipt for the property;
or
(B) leave the copy and receipt at the place from which the property
was impounded.
(3) The judge or magistrate shall file the warrant, proof of service, and
all documents filed about the warrant with the clerk of the United States
district court for the judicial district in which the inspection is made.
§ 32708. Confidentiality of information
(a) GENERAL.—Information obtained by the Secretary of Transportation
under this chapter related to a confidential matter referred to in section
1905 of title 18 may be disclosed only—
(1) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
377
§ 32709. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates this chapter or a regula-
tion prescribed or order issued under this chapter is liable to the United
States Government for a civil penalty of not more than $2,000 for each vio-
lation. A separate violation occurs for each motor vehicle or device involved
in the violation. The maximum penalty under this subsection for a related
series of violations is $100,000.
(2) The Secretary of Transportation shall impose a civil penalty under
this subsection. The Attorney General shall bring a civil action to collect the
penalty. Before referring a penalty claim to the Attorney General, the Sec-
retary may compromise the amount of the penalty. Before compromising the
amount of the penalty, the Secretary shall give the person charged with a
violation an opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this subsection,
the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(b) CRIMINAL PENALTY.—A person that knowingly and willfully violates
this chapter or a regulation prescribed or order issued under this chapter
shall be fined under title 18, imprisoned for not more than 3 years, or both.
If the person is a corporation, the penalties of this subsection also apply
to a director, officer, or individual agent of a corporation who knowingly
and willfully authorizes, orders, or performs an act in violation of this chap-
ter or a regulation prescribed or order issued under this chapter without
regard to penalties imposed on the corporation.
(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may
bring a civil action to enjoin a violation of this chapter or a regulation pre-
scribed or order issued under this chapter. The action may be brought in
the United States district court for the judicial district in which the viola-
tion occurred or the defendant is found, resides, or does business. Process
in the action may be served in any other judicial district in which the de-
fendant resides or is found. A subpena for a witness in the action may be
served in any judicial district.
(d) CIVIL ACTIONS BY STATES.—(1) When a person violates this chapter
or a regulation prescribed or order issued under this chapter, the chief law
enforcement officer of the State in which the violation occurs may bring a
civil action—
(A) to enjoin the violation; or
378
(B) to recover amounts for which the person is liable under section
32710 of this title for each person on whose behalf the action is
brought.
(2) An action under this subsection may be brought in an appropriate
United States district court or in a State court of competent jurisdiction.
The action must be brought not later than 2 years after the claim accrues.
§ 32710. Civil actions by private persons
(a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates this
chapter or a regulation prescribed or order issued under this chapter, with
intent to defraud, is liable for 3 times the actual damages or $1,500, which-
ever is greater.
(b) CIVIL ACTIONS.—A person may bring a civil action to enforce a claim
under this section in an appropriate United States district court or in an-
other court of competent jurisdiction. The action must be brought not later
than 2 years after the claim accrues. The court shall award costs and a rea-
sonable attorney’s fee to the person when a judgment is entered for that
person.
§ 32711. Relationship to State law
Except to the extent that State law is inconsistent with this chapter, this
chapter does not—
(1) affect a State law on disconnecting, altering, or tampering with
an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
CHAPTER 329—AUTOMOBILE FUEL ECONOMY
Sec.
32901.
Definitions.
32902.
Average fuel economy standards.
32903.
Credits for exceeding average fuel economy standards.
32904.
Calculation of average fuel economy.
32905.
Manufacturing incentives for alternative fuel automobiles.
32906.
Maximum fuel economy increase for alternative fuel automobiles.
32907.
Reports and tests of manufacturers.
32908.
Fuel economy information.
32909.
Judicial review of regulations.
32910.
Administrative.
32911.
Compliance.
32912.
Civil penalties.
32913.
Compromising and remitting civil penalties.
32914.
Collecting civil penalties.
32915.
Appealing civil penalties.
32916.
Reports to Congress.
32917.
Standards for executive agency automobiles.
32918.
Preemption.
§ 32901. Definitions
(a) GENERAL.—In this chapter—
(1) ‘‘alternative fuel’’ means—
(A) methanol;
(B) denatured ethanol;
379
(C) other alcohols;
(D) except as provided in subsection (b) of this section, a mix-
ture containing at least 85 percent of methanol, denatured etha-
nol, and other alcohols by volume with gasoline or other fuels;
(E) natural gas;
(F) liquefied petroleum gas;
(G) hydrogen;
(H) coal derived liquid fuels;
(I) fuels (except alcohol) derived from biological materials;
(J) electricity (including electricity from solar energy); and
(K) any other fuel the Secretary of Transportation prescribes by
regulation that is not substantially petroleum and that would yield
substantial energy security and environmental benefits.
(2) ‘‘alternative fueled automobile’’ means an automobile that is a—
(A) dedicated automobile; or
(B) dual fueled automobile.
(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, manufactured primarily for use on public streets, roads, and high-
ways (except a vehicle operated only on a rail line), and rated at—
(A) not more than 6,000 pounds gross vehicle weight; or
(B) more than 6,000, but less than 10,000, pounds gross vehicle
weight, if the Secretary decides by regulation that—
(i) an average fuel economy standard under this chapter
for the vehicle is feasible; and
(ii) an average fuel economy standard under this chapter
for the vehicle will result in significant energy conservation or
the vehicle is substantially used for the same purposes as a
vehicle rated at not more than 6,000 pounds gross vehicle
weight.
(4) ‘‘automobile manufactured by a manufacturer’’ includes every
automobile manufactured by a person that controls, is controlled by, or
is under common control with the manufacturer, but does not include
an automobile manufactured by the person that is exported not later
than 30 days after the end of the model year in which the automobile
is manufactured.
(5) ‘‘average fuel economy’’ means average fuel economy determined
under section 32904 of this title.
(6) ‘‘average fuel economy standard’’ means a performance standard
specifying a minimum level of average fuel economy applicable to a
manufacturer in a model year.
380
(7) ‘‘dedicated automobile’’ means an automobile that operates only
on alternative fuel.
(8) ‘‘dual fueled automobile’’ means an automobile that—
(A) is capable of operating on alternative fuel 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 op-
erating 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, pro-
vides equal or superior energy efficiency, as calculated for the ap-
plicable model year during fuel economy testing for the Govern-
ment, 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.
(9) ‘‘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.
(10) ‘‘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.
(11) ‘‘import’’ means to import into the customs territory of the
United States.
(12) ‘‘manufacture’’ (except under section 32902(d) of this title)
means to produce or assemble in the customs territory of the United
States or to import.
(13) ‘‘manufacturer’’ means—
(A) a person engaged in the business of manufacturing auto-
mobiles, including a predecessor or successor of the person to the
extent provided under regulations prescribed by the Secretary; and
381
(B) if more than one person is the manufacturer of an auto-
mobile, the person specified under regulations prescribed by the
Secretary.
(14) ‘‘model’’ means a class of automobiles as decided by regulation
by the Administrator after consulting and coordinating with the Sec-
retary.
(15) ‘‘model year’’, when referring to a specific calendar year,
means—
(A) the annual production period of a manufacturer, as decided
by the Administrator, that includes January 1 of that calendar
year; or
(B) that calendar year if the manufacturer does not have an an-
nual production period.
(16) ‘‘passenger automobile’’ means an automobile that the Sec-
retary decides by regulation is manufactured primarily for transporting
not more than 10 individuals, but does not include an automobile capa-
ble of off-highway operation that the Secretary decides by regulation—
(A) has a significant feature (except 4-wheel drive) designed for
off-highway operation; and
(B) is a 4-wheel drive automobile or is rated at more than 6,000
pounds gross vehicle weight.
(b) AUTHORITY TO CHANGE PERCENTAGE.—The Secretary may pre-
scribe regulations changing the percentage referred to in subsection
(a)(1)(D) of this section to not less than 70 percent because of requirements
relating to cold start, safety, or vehicle functions.
(c) MINIMUM DRIVING RANGES FOR DUAL FUELED PASSENGER AUTO-
MOBILES.—(1) The Secretary shall prescribe by regulation the minimum
driving range that dual fueled automobiles that are passenger automobiles
must meet when operating on alternative fuel to be dual fueled automobiles
under sections 32905 and 32906 of this title. A determination whether a
dual fueled automobile meets the minimum driving range requirement under
this paragraph shall be based on the combined Agency city/highway fuel
economy as determined for average fuel economy purposes for those auto-
mobiles.
(2)(A) The Secretary may prescribe a lower range for a specific model
than that prescribed under paragraph (1) of this subsection. A manufac-
turer may petition for a lower range than that prescribed under paragraph
(1) for a specific model.
382
(B) The minimum driving range prescribed for dual fueled automobiles
(except electric automobiles) under subparagraph (A) of this paragraph or
paragraph (1) of this subsection must be at least 200 miles.
(C) If the Secretary prescribes a minimum driving range of 200 miles for
dual fueled automobiles (except electric automobiles) under paragraph (1)
of this subsection, subparagraph (A) of this paragraph does not apply to
dual fueled automobiles (except electric automobiles).
(3) In prescribing a minimum driving range under paragraph (1) of this
subsection and in taking an action under paragraph (2) of this subsection,
the Secretary shall consider the purpose set forth in section 3 of the Alter-
native Motor Fuels Act of 1988 (Public Law 100–494, 102 Stat. 2442),
consumer acceptability, economic practicability, technology, environmental
impact, safety, drivability, performance, and other factors the Secretary con-
siders relevant.
§ 32902. Average fuel economy standards
(a) NON-PASSENGER AUTOMOBILES.—At least 18 months before the be-
ginning of each model year, the Secretary of Transportation shall prescribe
by regulation average fuel economy standards for automobiles (except pas-
senger automobiles) manufactured by a manufacturer in that model year.
Each standard shall be the maximum feasible average fuel economy level
that the Secretary decides the manufacturers can achieve in that model
year. The Secretary may prescribe separate standards for different classes
of automobiles.
(b) PASSENGER AUTOMOBILES.—Except as provided in this section, the
average fuel economy standard for passenger automobiles manufactured by
a manufacturer in a model year after model year 1984 shall be 27.5 miles
a gallon.
(c) AMENDING PASSENGER AUTOMOBILE STANDARDS.—(1) Subject to
paragraph (2) of this subsection, the Secretary of Transportation may pre-
scribe regulations amending the standard under subsection (b) of this sec-
tion for a model year to a level that the Secretary decides is the maximum
feasible average fuel economy level for that model year. Section 553 of title
5 applies to a proceeding to amend the standard. However, any interested
person may make an oral presentation and a transcript shall be taken of
that presentation.
(2) If an amendment increases the standard above 27.5 miles a gallon
or decreases the standard below 26.0 miles a gallon, the Secretary of Trans-
portation shall submit the amendment to Congress. The procedures of sec-
tion 551 of the Energy Policy and Conservation Act (42 U.S.C. 6421) apply
to an amendment, except that the 15 calendar days referred to in section
551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60
383
calendar days, and the 5 calendar days referred to in section 551(f)(4)(A)
of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days.
If either House of Congress disapproves the amendment under those proce-
dures, the amendment does not take effect.
(d) EXEMPTIONS.—(1) Except as provided in paragraph (3) of this sub-
section, on application of a manufacturer that manufactured (whether in the
United States or not) fewer than 10,000 passenger automobiles in the model
year 2 years before the model year for which the application is made, the
Secretary of Transportation may exempt by regulation the manufacturer
from a standard under subsection (b) or (c) of this section. An exemption
for a model year applies only if the manufacturer manufactures (whether
in the United States or not) fewer than 10,000 passenger automobiles in
the model year. The Secretary may exempt a manufacturer only if the Sec-
retary—
(A) finds that the applicable standard under those subsections is
more stringent than the maximum feasible average fuel economy level
that the manufacturer can achieve; and
(B) prescribes by regulation an alternative average fuel economy
standard for the passenger automobiles manufactured by the exempted
manufacturer that the Secretary decides is the maximum feasible aver-
age fuel economy level for the manufacturers to which the alternative
standard applies.
(2) An alternative average fuel economy standard the Secretary of Trans-
portation prescribes under paragraph (1)(B) of this subsection may apply
to an individually exempted manufacturer, to all automobiles to which this
subsection applies, or to classes of passenger automobiles, as defined under
regulations of the Secretary, manufactured by exempted manufacturers.
(3) Notwithstanding paragraph (1) of this subsection, an importer reg-
istered under section 30141(c) of this title may not be exempted as a manu-
facturer under paragraph (1) for a motor vehicle that the importer—
(A) imports; or
(B) brings into compliance with applicable motor vehicle safety
standards prescribed under chapter 301 of this title for an individual
under section 30142 of this title.
(4) The Secretary of Transportation may prescribe the contents of an ap-
plication for an exemption.
(e) EMERGENCY VEHICLES.—(1) In this subsection, ‘‘emergency vehicle’’
means an automobile manufactured primarily for use—
(A) as an ambulance or combination ambulance-hearse;
(B) by the United States Government or a State or local government
for law enforcement; or
384
(C) for other emergency uses prescribed by regulation by the Sec-
retary of Transportation.
(2) A manufacturer may elect to have the fuel economy of an emergency
vehicle excluded in applying a fuel economy standard under subsection (a),
(b), (c), or (d) of this section. The election is made by providing written
notice to the Secretary of Transportation and to the Administrator of the
Environmental Protection Agency.
(f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE AVERAGE
FUEL ECONOMY.—When deciding maximum feasible average fuel economy
under this section, the Secretary of Transportation shall consider techno-
logical feasibility, economic practicability, the effect of other motor vehicle
standards of the Government on fuel economy, and the need of the United
States to conserve energy.
(g) REQUIREMENTS FOR OTHER AMENDMENTS.—(1) The Secretary of
Transportation may prescribe regulations amending an average fuel econ-
omy standard prescribed under subsection (a) or (d) of this section if the
amended standard meets the requirements of subsection (a) or (d), as ap-
propriate.
(2) When the Secretary of Transportation prescribes an amendment
under this section that makes an average fuel economy standard more strin-
gent, the Secretary shall prescribe the amendment (and submit the amend-
ment to Congress when required under subsection (c)(2) of this section) at
least 18 months before the beginning of the model year to which the amend-
ment applies.
(h) LIMITATIONS.—In carrying out subsections (c), (f), and (g) of this
section, the Secretary of Transportation—
(1) may not consider the fuel economy of dedicated automobiles; and
(2) shall consider dual fueled automobiles to be operated only on gas-
oline or diesel fuel.
(i) CONSULTATION.—The Secretary of Transportation shall consult with
the Secretary of Energy in carrying out this section and section 32903 of
this title.
(j) SECRETARY OF ENERGY COMMENTS.—(1) Before issuing a notice pro-
posing to prescribe or amend an average fuel economy standard under sub-
section (a), (c), or (g) of this section, the Secretary of Transportation shall
give the Secretary of Energy at least 10 days from the receipt of the notice
during which the Secretary of Energy may, if the Secretary of Energy con-
cludes that the proposed standard would adversely affect the conservation
goals of the Secretary of Energy, provide written comments to the Secretary
of Transportation about the impact of the standard on those goals. To the
extent the Secretary of Transportation does not revise a proposed standard
385
to take into account comments of the Secretary of Energy on any adverse
impact of the standard, the Secretary of Transportation shall include those
comments in the notice.
(2) Before taking final action on a standard or an exemption from a
standard under this section, the Secretary of Transportation shall notify the
Secretary of Energy and provide the Secretary of Energy a reasonable time
to comment.
§ 32903. Credits for exceeding average fuel economy stand-
ards
(a) EARNING AND PERIOD FOR APPLYING CREDITS.—When the average
fuel economy of passenger automobiles manufactured by a manufacturer in
a particular model year exceeds an applicable average fuel economy stand-
ard under section 32902(b)–(d) of this title (determined by the Secretary
of Transportation without regard to credits under this section), the manu-
facturer earns credits. The credits may be applied to—
(1) any of the 3 consecutive model years immediately before the
model year for which the credits are earned; and
(2) to the extent not used under clause (1) of this subsection, any
of the 3 consecutive model years immediately after the model year for
which the credits are earned.
(b) PERIOD OF AVAILABILITY AND PLAN FOR FUTURE CREDITS.—(1)
Except as provided in paragraph (2) of this subsection, credits under this
section are available to a manufacturer at the end of the model year in
which earned.
(2)(A) Before the end of a model year, if a manufacturer has reason to
believe that its average fuel economy for passenger automobiles will be less
than the applicable standard for that model year, the manufacturer may
submit a plan to the Secretary of Transportation demonstrating that the
manufacturer will earn sufficient credits under this section within the next
3 model years to allow the manufacturer to meet that standard for the
model year involved. Unless the Secretary finds that the manufacturer is
unlikely to earn sufficient credits under the plan, the Secretary shall ap-
prove the plan. Those credits are available for the model year involved if—
(i) the Secretary approves the plan; and
(ii) the manufacturer earns those credits as provided by the plan.
(B) If the average fuel economy of a manufacturer is less than the appli-
cable standard under section 32902(b)–(d) of this title after applying credits
under subsection (a)(1) of this section, the Secretary of Transportation shall
notify the manufacturer and give the manufacturer a reasonable time (of
at least 60 days) to submit a plan.
386
(c) DETERMINING NUMBER OF CREDITS.—The number of credits a man-
ufacturer earns under this section equals the product of—
(1) the number of tenths of a mile a gallon by which the average
fuel economy of the passenger automobiles manufactured by the manu-
facturer in the model year in which the credits are earned exceeds the
applicable average fuel economy standard under section 32902(b)–(d)
of this title; times
(2) the number of passenger automobiles manufactured by the man-
ufacturer during that model year.
(d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Secretary
of Transportation shall apply credits to a model year on the basis of the
number of tenths of a mile a gallon by which the manufacturer involved was
below the applicable average fuel economy standard for that model year and
the number of passenger automobiles manufactured that model year by the
manufacturer. Credits applied to a model year are no longer available for
another model year. Before applying credits, the Secretary shall give the
manufacturer written notice and reasonable opportunity to comment.
(e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.—Credits
for a manufacturer of automobiles that are not passenger automobiles are
earned and applied to a model year in which the average fuel economy of
that class of automobiles is below the applicable average fuel economy
standard under section 32902(a) of this title, to the same extent and in the
same way as provided in this section for passenger automobiles.
(f) REFUND OF COLLECTED PENALTY.—When a civil penalty has been
collected under this chapter from a manufacturer that has earned credits
under this section, the Secretary of the Treasury shall refund to the manu-
facturer the amount of the penalty to the extent the penalty is attributable
to credits available under this section.
§ 32904. Calculation of average fuel economy
(a) METHOD OF CALCULATION.—(1) The Administrator of the Environ-
mental Protection Agency shall calculate the average fuel economy of a
manufacturer subject to—
(A) section 32902(a) of this title in a way prescribed by the Admin-
istrator; and
(B) section 32902(b)–(d) of this title by dividing—
(i) the number of passenger automobiles manufactured by the
manufacturer in a model year; by
(ii) the sum of the fractions obtained by dividing the number
of passenger automobiles of each model manufactured by the man-
ufacturer in that model year by the fuel economy measured for
that model.
387
(2)(A) In this paragraph, ‘‘electric vehicle’’ means a vehicle powered pri-
marily by an electric motor drawing electrical current from a portable
source.
(B) If a manufacturer manufactures an electric vehicle, the Administrator
shall include in the calculation of average fuel economy under paragraph (1)
of this subsection equivalent petroleum based fuel economy values deter-
mined by the Secretary of Energy for various classes of electric vehicles.
The Secretary shall review those values each year and determine and pro-
pose necessary revisions based on the following factors:
(i) the approximate electrical energy efficiency of the vehicle, consid-
ering the kind of vehicle and the mission and weight of the vehicle.
(ii) the national average electrical generation and transmission effi-
ciencies.
(iii) the need of the United States to conserve all forms of energy
and the relative scarcity and value to the United States of all fuel used
to generate electricity.
(iv) the specific patterns of use of electric vehicles compared to pe-
troleum-fueled vehicles.
(b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES MANU-
FACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1) In this sub-
section—
(A) a passenger automobile is deemed to be manufactured domesti-
cally in a model year if at least 75 percent of the cost to the manufac-
turer is attributable to value added in the United States or Canada,
unless the assembly of the automobile is completed in Canada and the
automobile is imported into the United States more than 30 days after
the end of the model year; and
(B) the fuel economy of a passenger automobile that is not manufac-
tured domestically is deemed to be equal to the average fuel economy
of all passenger automobiles manufactured by the same manufacturer
that are not manufactured domestically.
(2)(A) Except as provided in paragraphs (4) and (5) of this subsection,
the Administrator shall make separate calculations under subsection
(a)(1)(B) of this section for—
(i) passenger automobiles manufactured domestically by a manufac-
turer (or included in this category under paragraph (3) of this sub-
section); and
(ii) passenger automobiles not manufactured domestically by that
manufacturer (or excluded from this category under paragraph (3) of
this subsection).
388
(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of
this paragraph are deemed to be manufactured by separate manufacturers
under this chapter.
(3)(A) A manufacturer may submit to the Secretary of Transportation for
approval a plan, including supporting material, stating the actions and the
deadlines for taking the actions, that will ensure that the model or models
referred to in subparagraph (B) of this paragraph will be manufactured do-
mestically before the end of the 4th model year covered by the plan. The
Secretary promptly shall consider and act on the plan. The Secretary shall
approve the plan unless—
(i) the Secretary finds that the plan is inadequate to meet the re-
quirements of this paragraph; or
(ii) the manufacturer previously has submitted a plan approved by
the Secretary under this paragraph.
(B) If the plan is approved, the Administrator shall include under para-
graph (2)(A)(i) and exclude under paragraph (2)(A)(ii) of this subsection,
for each of the 4 model years covered by the plan, not more than 150,000
passenger automobiles manufactured by that manufacturer but not qualify-
ing as domestically manufactured if—
(i) the model or models involved previously have not been manufac-
tured domestically;
(ii) at least 50 percent of the cost to the manufacturer of each of
the automobiles is attributable to value added in the United States or
Canada;
(iii) the automobiles, if their assembly was completed in Canada, are
imported into the United States not later than 30 days after the end
of the model year; and
(iv) the model or models are manufactured domestically before the
end of the 4th model year covered by the plan.
(4)(A) A manufacturer may file with the Secretary of Transportation a
petition for an exemption from the requirement of separate calculations
under paragraph (2)(A) of this subsection if the manufacturer began auto-
mobile production or assembly in the United States—
(i) after December 22, 1975, and before May 1, 1980; or
(ii) after April 30, 1980, if the manufacturer has engaged in the pro-
duction or assembly in the United States for at least one model year
ending before January 1, 1986.
(B) The Secretary of Transportation shall grant the exemption unless the
Secretary finds that the exemption would result in reduced employment in
the United States related to motor vehicle manufacturing during the period
of the exemption. An exemption under this paragraph is effective for 5
389
model years or, if requested by the manufacturer, a longer period provided
by the Secretary in the order granting the exemption. The exemption applies
to passenger automobiles manufactured by that manufacturer during the pe-
riod of the exemption.
(C) Before granting an exemption, the Secretary of Transportation shall
provide notice of, and reasonable opportunity for, written or oral comment
about the petition. The period for comment shall end not later than 60 days
after the petition is filed, except that the Secretary may extend the period
for not more than another 30 days. The Secretary shall decide whether to
grant or deny the exemption, and publish notice of the decision in the Fed-
eral Register, not later than 90 days after the petition is filed, except that
the Secretary may extend the time for decision to a later date (not later
than 150 days after the petition is filed) if the Secretary publishes notice
of, and reasons for, the extension in the Federal Register. If the Secretary
does not make a decision within the time provided in this subparagraph, the
petition is deemed to have been granted. Not later than 30 days after the
end of the decision period, the Secretary shall submit a written statement
of the reasons for not making a decision to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives.
(5)(A) A person adversely affected by a decision of the Secretary of
Transportation granting or denying an exemption may file, not later than
30 days after publication of the notice of the decision, a petition for review
in the United States Court of Appeals for the District of Columbia Circuit.
That court has exclusive jurisdiction to review the decision and to affirm,
remand, or set aside the decision under section 706(2)(A)–(D) of title 5.
(B) A judgment of the court under this subparagraph may be reviewed
by the Supreme Court under section 1254 of title 28. Application for review
by the Supreme Court must be made not later than 30 days after entry
of the court’s judgment.
(C) A decision of the Secretary of Transportation on a petition for an
exemption under this paragraph may be reviewed administratively or judi-
cially only as provided in this paragraph.
(6) Notwithstanding section 32903 of this title, during a model year when
an exemption under this paragraph is effective for a manufacturer—
(A) credit may not be earned under section 32903(a) of this title by
the manufacturer; and
(B) credit may not be made available under section 32903(b)(2) of
this title for the manufacturer.
(c) TESTING AND CALCULATION PROCEDURES.—The Administrator shall
measure fuel economy for each model and calculate average fuel economy
390
for a manufacturer under testing and calculation procedures prescribed by
the Administrator. However, except under section 32908 of this title, the
Administrator shall use the same procedures for passenger automobiles the
Administrator used for model year 1975 (weighted 55 percent urban cycle
and 45 percent highway cycle), or procedures that give comparable results.
A measurement of fuel economy or a calculation of average fuel economy
(except under section 32908) shall be rounded off to the nearest .1 of a
mile a gallon. The Administrator shall decide on the quantity of other fuel
that is equivalent to one gallon of gasoline. To the extent practicable, fuel
economy tests shall be carried out with emissions tests under section 206
of the Clean Air Act (42 U.S.C. 7525).
(d) EFFECTIVE DATE OF PROCEDURE OR AMENDMENT.—The Adminis-
trator shall prescribe a procedure under this section, or an amendment (ex-
cept a technical or clerical amendment) in a procedure, at least 12 months
before the beginning of the model year to which the procedure or amend-
ment applies.
(e) REPORTS
AND CONSULTATION.—The Administrator shall report
measurements and calculations under this section to the Secretary of Trans-
portation and shall consult and coordinate with the Secretary in carrying
out this section.
§ 32905. Manufacturing incentives for alternative fuel auto-
mobiles
(a) DEDICATED AUTOMOBILES.—Except as provided in subsection (c) of
this section or section 32904(a)(2) of this title, for any model of dedicated
automobile manufactured by a manufacturer after model year 1992, the fuel
economy measured for that model shall be based on the fuel content of the
alternative fuel used to operate the automobile. A gallon of a liquid alter-
native fuel used to operate a dedicated automobile is deemed to contain .15
gallon of fuel.
(b) DUAL FUELED AUTOMOBILES.—Except as provided in subsection (d)
of this section or section 32904(a)(2) of this title, for any model of dual
fueled automobile manufactured by a manufacturer in model years 1993–
2004, the Administrator of the Environmental Protection Agency shall
measure the fuel economy for that model by dividing 1.0 by the sum of—
(1) .5 divided by the fuel economy measured under section 32904(c)
of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy measured under subsection (a)
of this section when operating the model on alternative fuel.
(c) GASEOUS FUEL DEDICATED AUTOMOBILES.—For any model of gase-
ous fuel dedicated automobile manufactured by a manufacturer after model
year 1992, the Administrator shall measure the fuel economy for that model
391
based on the fuel content of the gaseous fuel used to operate the auto-
mobile. One hundred cubic feet of natural gas is deemed to contain .823
gallon equivalent of natural gas. The Secretary of Transportation shall de-
termine the appropriate gallon equivalent of other gaseous fuels. A gallon
equivalent of gaseous fuel is deemed to have a fuel content of .15 gallon
of fuel.
(d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.—For any model of
gaseous fuel dual fueled automobile manufactured by a manufacturer in
model years 1993–2004, the Administrator shall measure the fuel economy
for that model by dividing 1.0 by the sum of—
(1) .5 divided by the fuel economy measured under section 32904(c)
of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy measured under subsection (c) of
this section when operating the model on gaseous fuel.
(e) FUEL ECONOMY CALCULATIONS.—The Administrator shall calculate
the manufacturer’s average fuel economy under section 32904(a)(1) of this
title for each model described under subsections (a)–(d) of this section by
using as the denominator the fuel economy measured for each model under
subsections (a)–(d).
(f) EXTENDING APPLICATION OF SUBSECTIONS (b) AND (d).—Not later
than December 31, 2001, the Secretary of Transportation shall—
(1) extend by regulation the application of subsections (b) and (d)
of this section for not more than 4 consecutive model years immediately
after model year 2004 and explain the basis on which the extension is
granted; or
(2) publish a notice explaining the reasons for not extending the ap-
plication of subsections (b) and (d) of this section.
(g) STUDY AND REPORT.—Not later than September 30, 2000, the Sec-
retary of Transportation, in consultation with the Secretary of Energy and
the Administrator, shall complete a study of the success of the policy of sub-
sections (b) and (d) of this title, and submit to the Committees on Com-
merce, Science, and Transportation and Governmental Affairs of the Senate
and the Committee on Energy and Commerce of the House of Representa-
tives a report on the results of the study, including preliminary conclusions
on whether the application of subsections (b) and (d) should be extended
for up to 4 more model years. The study and conclusions shall consider—
(1) the availability to the public of alternative fueled automobiles and
alternative fuel;
(2) energy conservation and security;
(3) environmental considerations; and
(4) other relevant factors.
392
§ 32906. Maximum fuel economy increase for alternative fuel
automobiles
(a) MAXIMUM INCREASES.—(1)(A) For each of the model years 1993–
2004 for each category of automobile (except an electric automobile), the
maximum increase in average fuel economy for a manufacturer attributable
to dual fueled automobiles is 1.2 miles a gallon.
(B) If the application of section 32905(b) and (d) of this title is extended
under section 32905(f) of this title, for each category of automobile (except
an electric automobile) the maximum increase in average fuel economy for
a manufacturer for each of the model years 2005–2008 attributable to dual
fueled automobiles is .9 mile a gallon.
(2) In applying paragraph (1) of this subsection, the Administrator of the
Environmental Protection Agency shall determine the increase in a manu-
facturer’s average fuel economy attributable to dual fueled automobiles by
subtracting from the manufacturer’s average fuel economy calculated under
section 32905(e) of this title the number equal to what the manufacturer’s
average fuel economy would be if it were calculated by the formula in sec-
tion 32904(a)(1) of this title by including as the denominator for each
model of dual fueled automobile the fuel economy when the automobiles are
operated on gasoline or diesel fuel. If the increase attributable to dual fueled
automobiles for any model year described—
(A) in paragraph (1)(A) of this subsection is more than 1.2 miles
a gallon, the limitation in paragraph (1)(A) applies; and
(B) in paragraph (1)(B) of this subsection is more than .9 mile a
gallon, the limitation in paragraph (1)(B) applies.
(b) OFFSETS.—Notwithstanding this section and sections 32901(c) and
32905 of this title, if the Secretary of Transportation reduces the average
fuel economy standard for passenger automobiles for any model year below
27.5 miles a gallon, an increase in average fuel economy for passenger auto-
mobiles of more than .7 mile a gallon to which a manufacturer of dual
fueled automobiles would otherwise be entitled is reduced by an amount
equal to the amount of the reduction in the standard. However, the increase
may not be reduced to less than .7 mile a gallon.
§ 32907. Reports and tests of manufacturers
(a) MANUFACTURER REPORTS.—(1) A manufacturer shall report to the
Secretary of Transportation on—
(A) whether the manufacturer will comply with an applicable average
fuel economy standard under section 32902 of this title for the model
year for which the report is made;
(B) the actions the manufacturer has taken or intends to take to
comply with the standard; and
393
(C) other information the Secretary requires by regulation.
(2) A manufacturer shall submit a report under paragraph (1) of this
subsection during the 30 days—
(A) before the beginning of each model year; and
(B) beginning on the 180th day of the model year.
(3) When a manufacturer decides that actions reported under paragraph
(1)(B) of this subsection are not sufficient to ensure compliance with that
standard, the manufacturer shall report to the Secretary additional actions
the manufacturer intends to take to comply with the standard and include
a statement about whether those actions are sufficient to ensure compliance.
(4) This subsection does not apply to a manufacturer for a model year
for which the manufacturer is subject to an alternative average fuel econ-
omy standard under section 32902(d) of this title.
(b) RECORDS, REPORTS, TESTS, INFORMATION, AND INSPECTION.—(1)
Under regulations prescribed by the Secretary or the Administrator of the
Environmental Protection Agency to carry out this chapter, a manufacturer
shall keep records, make reports, conduct tests, and provide items and infor-
mation. On request and display of proper credentials, an officer or employee
designated by the Secretary or Administrator may inspect automobiles and
records of the manufacturer. An inspection shall be made at a reasonable
time and in a reasonable way.
(2) The district courts of the United States may—
(A) issue an order enforcing a requirement or request under para-
graph (1) of this subsection; and
(B) punish a failure to obey the order as a contempt of court.
§ 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 sec-
tion 32901(a)(3)(B) of this title.
(2) ‘‘dealer’’ means a person residing or located in a State, the Dis-
trict of Columbia, or a territory or possession of the United States, and
engaged in the sale or distribution of new automobiles to the first per-
son (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 manufac-
turer of automobiles shall attach a label to a prominent place on each auto-
mobile manufactured in a model year. The dealer shall maintain the label.
The label shall contain the following information:
394
(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 man-
ufacturers.
(D) a statement that a booklet is available from the dealer to assist
in making a comparison of fuel economy of other automobiles manufac-
tured 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 sub-
section 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 cir-
cumstances or characteristics.
(3) For dedicated automobiles manufactured after model year 1992, the
fuel economy of those automobiles under paragraph (1)(A) of this sub-
section is the fuel economy for those automobiles when operated on alter-
native 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 oper-
ated; 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
395
(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 informa-
tion on—
(i) the energy efficiency and cost of operation of those automobiles
when operated on gasoline or diesel fuel as compared to those auto-
mobiles 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 alter-
native 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 oper-
ated 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.), ex-
cept 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.
§ 32909. Judicial review of regulations
(a) FILING AND VENUE.—(1) A person that may be adversely affected
by a regulation prescribed in carrying out section 32901–32904 or 32908
of this title may apply for review of the regulation by filing a petition for
review in the United States Court of Appeals for the District of Columbia
Circuit or in the court of appeals of the United States for the circuit in
which the person resides or has its principal place of business.
396
(2) A person adversely affected by a regulation prescribed under section
32912(c)(1) of this title may apply for review of the regulation by filing a
petition for review in the court of appeals of the United States for the cir-
cuit in which the person resides or has its principal place of business.
(b) TIME FOR FILING AND JUDICIAL PROCEDURES.—The petition must
be filed not later than 59 days after the regulation is prescribed, except that
a petition for review of a regulation prescribing an amendment of a stand-
ard submitted to Congress under section 32902(c)(2) of this title must be
filed not later than 59 days after the end of the 60-day period referred to
in section 32902(c)(2). The clerk of the court shall send immediately a copy
of the petition to the Secretary of Transportation or the Administrator of
the Environmental Protection Agency, whoever prescribed the regulation.
The Secretary or the Administrator shall file with the court a record of the
proceeding in which the regulation was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) When reviewing a regulation under
subsection (a)(1) of this section, the court, on request of the petitioner, may
order the Secretary or the Administrator to receive additional submissions
if the court is satisfied the additional submissions are material and there
were reasonable grounds for not presenting the submissions in the proceed-
ing before the Secretary or Administrator.
(2) The Secretary or the Administrator may amend or set aside the regu-
lation, or prescribe a new regulation because of the additional submissions
presented. The Secretary or Administrator shall file an amended or new reg-
ulation and the additional submissions with the court. The court shall re-
view a changed or new regulation.
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg-
ment of a court under this section may be reviewed only by the Supreme
Court under section 1254 of title 28. A remedy under subsections (a)(1)
and (c) of this section is in addition to any other remedies provided by law.
§ 32910. Administrative
(a) GENERAL POWERS.—(1) In carrying out this chapter, the Secretary
of Transportation or the Administrator of the Environmental Protection
Agency may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and subpena
witnesses and records the Secretary or Administrator considers advis-
able.
397
(2) A witness summoned under paragraph (1)(C) of this subsection is en-
titled to the same fee and mileage the witness would have been paid in a
court of the United States.
(b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena
or order of the Secretary or Administrator under subsection (a) of this sec-
tion may be brought in the district court of the United States for the judi-
cial district in which the proceeding by the Secretary or Administrator was
conducted. The court may punish a failure to obey an order of the court
to comply with the subpena or order of the Secretary or Administrator as
a contempt of court.
(c) DISCLOSURE OF INFORMATION.—The Secretary and the Adminis-
trator each shall disclose information obtained under this chapter (except
information obtained under section 32904(c) of this title) under section 552
of title 5. However, the Secretary or Administrator may withhold informa-
tion under section 552(b)(4) of title 5 only if the Secretary or Administrator
decides that disclosure of the information would cause significant competi-
tive damage. A matter referred to in section 552(b)(4) and relevant to an
administrative or judicial proceeding under this chapter may be disclosed in
that proceeding. A measurement or calculation under section 32904(c) of
this title shall be disclosed under section 552 of title 5 without regard to
section 552(b).
(d) REGULATIONS.—The Administrator may prescribe regulations to
carry out duties of the Administrator under this chapter.
§ 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 is-
sued under this chapter (except sections 32902, 32903, 32908(b), and
32917(b) 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 pro-
ceeding 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 sec-
tion 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 commit-
ted. The Secretary may not conduct the proceeding if further measurements
398
of fuel economy, further calculations of average fuel economy, or other in-
formation 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.
§ 32912. Civil penalties
(a) GENERAL PENALTY.—A person that violates section 32911(a) of this
title is liable to the United States Government for a civil penalty of not
more than $10,000 for each violation. A separate violation occurs for each
day the violation continues.
(b) PENALTY
FOR MANUFACTURER VIOLATIONS
OF FUEL ECONOMY
STANDARDS.—Except as provided in subsection (c) of this section, a manu-
facturer that violates a standard prescribed for a model year under section
32902 of this title is liable to the Government for a civil penalty of $5 mul-
tiplied by each .1 of a mile a gallon by which the applicable average fuel
economy standard under that section exceeds the average fuel economy—
(1) calculated under section 32904(a)(1)(A) or (B) of this title for
automobiles to which the standard applies manufactured by the manu-
facturer during the model year;
(2) multiplied by the number of those automobiles; and
(3) reduced by the credits available to the manufacturer under sec-
tion 32903 of this title for the model year.
(c) HIGHER PENALTY AMOUNTS.—(1)(A) The Secretary of Transpor-
tation shall prescribe by regulation a higher amount for each .1 of a mile
a gallon to be used in calculating a civil penalty under subsection (b) of this
section, if the Secretary decides that the increase in the penalty—
(i) will result in, or substantially further, substantial energy con-
servation for automobiles in model years in which the increased penalty
may be imposed; and
(ii) will not have a substantial deleterious impact on the economy of
the United States, a State, or a region of a State.
(B) The amount prescribed under subparagraph (A) of this paragraph
may not be more than $10 for each .1 of a mile a gallon.
(C) The Secretary may make a decision under subparagraph (A)(ii) of
this paragraph only when the Secretary decides that it is likely that the in-
crease in the penalty will not—
(i) cause a significant increase in unemployment in a State or a re-
gion of a State;
(ii) adversely affect competition; or
(iii) cause a significant increase in automobile imports.
399
(D) A higher amount prescribed under subparagraph (A) of this para-
graph is effective for the model year beginning at least 18 months after the
regulation stating the higher amount becomes final.
(2) The Secretary shall publish in the Federal Register a proposed regu-
lation under this subsection and a statement of the basis for the regulation
and provide each manufacturer of automobiles a copy of the proposed regu-
lation and the statement. The Secretary shall provide a period of at least
45 days for written public comments on the proposed regulation. The Sec-
retary shall submit a copy of the proposed regulation to the Federal Trade
Commission and request the Commission to comment on the proposed regu-
lation within that period. After that period, the Secretary shall give inter-
ested persons and the Commission an opportunity at a public hearing to
present oral information, views, and arguments and to direct questions
about disputed issues of material fact to—
(A) other interested persons making oral presentations;
(B) employees and contractors of the Government that made written
comments or an oral presentation or participated in the development
or consideration of the proposed regulation; and
(C) experts and consultants that provided information to a person
that the person includes, or refers to, in an oral presentation.
(3) The Secretary may restrict the questions of an interested person and
the Commission when the Secretary decides that the questions are duplica-
tive or not likely to result in a timely and effective resolution of the issues.
A transcript shall be kept of a public hearing under this subsection. A copy
of the transcript and written comments shall be available to the public at
the cost of reproduction.
(4) The Secretary shall publish a regulation prescribed under this sub-
section in the Federal Register with the decisions required under paragraph
(1) of this subsection.
(5) An officer or employee of a department, agency, or instrumentality
of the Government violates section 1905 of title 18 by disclosing, except in
an in camera proceeding by the Secretary or a court, information—
(A) provided to the Secretary or the court during consideration or
review of a regulation prescribed under this subsection; and
(B) decided by the Secretary to be confidential under section 11(d)
of the Energy Supply and Environmental Coordination Act of 1974 (15
U.S.C. 796(d)).
(d) WRITTEN NOTICE REQUIREMENT.—The Secretary shall impose a
penalty under this section by written notice.
400
§ 32913. Compromising and remitting civil penalties
(a) GENERAL AUTHORITY AND LIMITATIONS.—The Secretary of Trans-
portation may compromise or remit the amount of a civil penalty imposed
under section 32912(a) or (b) of this title. However, the amount of a pen-
alty imposed under section 32912(b) may be compromised or remitted only
to the extent—
(1) necessary to prevent the insolvency or bankruptcy of the manu-
facturer of automobiles;
(2) the manufacturer shows that the violation was caused by an act
of God, a strike, or a fire; or
(3) the Federal Trade Commission certifies under subsection (b)(1)
of this section that a reduction in the penalty is necessary to prevent
a substantial lessening of competition.
(b) PENALTY REDUCTION BY COMMISSION.—(1) A manufacturer liable
for a civil penalty under section 32912(b) of this title may apply to the
Commission for a certification that the penalty should be reduced to prevent
a substantial lessening of competition in the segment of the motor vehicle
industry subject to the standard that was violated. The Commission shall
make the certification when it finds that reduction is necessary to prevent
the lessening. The Commission shall state in the certification the maximum
amount by which the penalty may be reduced.
(2) An application under this subsection must be made not later than 30
days after the Secretary decides that the manufacturer has violated section
32911(b) of this title. To the maximum extent practicable, the Commission
shall make a decision on an application by the 90th day after the applica-
tion is filed. A proceeding under this subsection may not delay the manufac-
turer’s liability for the penalty for more than 90 days after the application
is filed.
(3) When a civil penalty is collected in a civil action under this chapter
before a decision of the Commission under this subsection is final, the pay-
ment shall be paid to the court in which the action was brought. The court
shall deposit the payment in the general fund of the Treasury on the 90th
day after the decision of the Commission becomes final. When the court is
holding payment of a penalty reduced under subsection (a)(3) of this sec-
tion, the Secretary shall direct the court to remit the appropriate amount
of the penalty to the manufacturer.
§ 32914. Collecting civil penalties
(a) CIVIL ACTIONS.—If a person does not pay a civil penalty after it be-
comes a final order of the Secretary of Transportation or a judgment of
a court of appeals of the United States for a circuit, the Attorney General
shall bring a civil action in an appropriate district court of the United
401
States to collect the penalty. The validity and appropriateness of the final
order imposing the penalty is not reviewable in the action.
(b) PRIORITY OF CLAIMS.—A claim of a creditor against a bankrupt or
insolvent manufacturer of automobiles has priority over a claim of the Unit-
ed States Government against the manufacturer for a civil penalty under
section 32912(b) of this title when the creditor’s claim is for credit extended
before a final judgment (without regard to section 32913(b)(1) and (2) of
this title) in an action to collect under subsection (a) of this section.
§ 32915. Appealing civil penalties
Any interested person may appeal a decision of the Secretary of Trans-
portation to impose a civil penalty under section 32912(a) or (b) of this
title, or of the Federal Trade Commission under section 32913(b)(1) of this
title, in the United States Court of Appeals for the District of Columbia
Circuit or in the court of appeals of the United States for the circuit in
which the person resides or has its principal place of business. A person ap-
pealing a decision must file a notice of appeal with the court not later than
30 days after the decision and, at the same time, send a copy of the notice
by certified mail to the Secretary or the Commission. The Secretary or the
Commission promptly shall file with the court a certified copy of the record
of the proceeding in which the decision was made.
§ 32916. Reports to Congress
(a) ANNUAL REPORT.—Not later than January 15 of each year, the Sec-
retary of Transportation shall submit to each House of Congress, and pub-
lish in the Federal Register, a report on the review by the Secretary of aver-
age fuel economy standards prescribed under this chapter.
(b) JOINT EXAMINATIONS AFTER GRANTING EXEMPTIONS.—(1) After an
exemption has been granted under section 32904(b)(4) of this title, the Sec-
retaries of Transportation and Labor shall conduct annually a joint exam-
ination of the extent to which section 32904(b)(4)—
(A) achieves the purposes of this chapter;
(B) improves fuel efficiency (thereby facilitating conservation of pe-
troleum and reducing petroleum imports);
(C) has promoted employment in the United States related to auto-
mobile manufacturing;
(D) has not caused unreasonable harm to the automobile manufac-
turing sector in the United States; and
(E) has permitted manufacturers that have assembled passenger
automobiles deemed to be manufactured domestically under section
32904(b)(1)(A) of this title thereafter to assemble in the United States
passenger automobiles of the same model that have less than 75 per-
402
cent of their value added in the United States or Canada, together with
the reasons.
(2) The Secretary of Transportation shall include the results of the exam-
ination under paragraph (1) of this subsection in each report submitted
under subsection (a) of this section more than 180 days after an exemption
has been granted under section 32904(b)(4) of this title, or submit the re-
sults of the examination directly to Congress before the report is submitted
when circumstances warrant.
§ 32917. Standards for executive agency automobiles
(a) DEFINITION.—In this section, ‘‘executive agency’’ has the same mean-
ing given that term in section 105 of title 5.
(b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall prescribe
regulations that require passenger automobiles leased for at least 60 con-
secutive days or bought by executive agencies in a fiscal year to achieve a
fleet average fuel economy (determined under paragraph (2) of this sub-
section) for that year of at least the greater of—
(A) 18 miles a gallon; or
(B) the applicable average fuel economy standard under section
32902(b) or (c) of this title for the model year that includes January
1 of that fiscal year.
(2) Fleet average fuel economy is—
(A) the total number of passenger automobiles leased for at least 60
consecutive days or bought by executive agencies in a fiscal year (ex-
cept automobiles designed for combat-related missions, law enforcement
work, or emergency rescue work); divided by
(B) the sum of the fractions obtained by dividing the number of
automobiles of each model leased or bought by the fuel economy of that
model.
§ 32918. Preemption
(a) GENERAL.—When an average fuel economy standard prescribed under
this chapter is in effect, a State or a political subdivision of a State may
not adopt or enforce a law or regulation related to fuel economy standards
or average fuel economy standards for automobiles covered by an average
fuel economy standard under this chapter.
(b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement under
section 32908 of this title is in effect, a State or a political subdivision of
a State may adopt or enforce a law or regulation on disclosure of fuel econ-
omy or fuel operating costs for an automobile covered by section 32908 only
if the law or regulation is identical to that requirement.
403
(c) STATE AND POLITICAL SUBDIVISION AUTOMOBILES.—A State or a
political subdivision of a State may prescribe requirements for fuel economy
for automobiles obtained for its own use.
CHAPTER 331—THEFT PREVENTION
Sec.
33101.
Definitions.
33102.
Theft prevention standard for high theft lines.
33103.
Theft prevention standard for other lines.
33104.
Designation of high theft vehicle lines and parts.
33105.
Cost limitations.
33106.
Exemption for passenger motor vehicles equipped with anti-theft devices.
33107.
Voluntary vehicle identification standards.
33108.
Monitoring compliance of manufacturers.
33109.
National Stolen Passenger Motor Vehicle Information System.
33110.
Verifications involving junk and salvage motor vehicles.
33111.
Verifications involving motor vehicle major parts.
33112.
Insurance reports and information.
33113.
Theft reports.
33114.
Prohibited acts.
33115.
Civil penalties and enforcement.
33116.
Confidentiality of information.
33117.
Judicial review.
33118.
Preemption of State and local law.
§ 33101. Definitions
In this chapter—
(1) ‘‘chop shop’’ means a building, lot, facility, or other structure or
premise at which at least one person engages in receiving, concealing,
destroying, disassembling, dismantling, reassembling, or storing a pas-
senger motor vehicle or passenger motor vehicle part that has been un-
lawfully obtained—
(A) to alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, or remove the identity of the vehicle or part, including
the vehicle identification number or a derivative of that number;
and
(B) to distribute, sell, or dispose of the vehicle or part in inter-
state or foreign commerce.
(2) ‘‘covered major part’’ means a major part selected under sections
33102(c)(1) and 33104 of this title for coverage by the vehicle theft
prevention standard prescribed under section 33102 or 33103.
(3) ‘‘existing line’’ means a line introduced into commerce before
January 1, 1990.
(4) ‘‘first purchaser’’ means the person making the first purchase
other than for resale.
(5) ‘‘line’’ means a name that a manufacturer of motor vehicles ap-
plies to a group of motor vehicle models of the same make that have
the same body or chassis, or otherwise are similar in construction or
design.
(6) ‘‘major part’’ means—
404
(A) the engine;
(B) the transmission;
(C) each door to the passenger compartment;
(D) the hood;
(E) the grille;
(F) each bumper;
(G) each front fender;
(H) the deck lid, tailgate, or hatchback;
(I) each rear quarter panel;
(J) the trunk floor pan;
(K) the frame or, for a unitized body, the supporting structure
serving as the frame; and
(L) any other part of a passenger motor vehicle that the Sec-
retary of Transportation by regulation specifies as comparable in
design or function to any of the parts listed in subclauses (A)–
(K) of this clause.
(7) ‘‘major replacement part’’ means a major part that is—
(A) an original major part in or on a completed motor vehicle
and customized or modified after manufacture of the vehicle but
before the time of its delivery to the first purchaser; or
(B) not installed in or on a motor vehicle at the time of its de-
livery to the first purchaser and the equitable or legal title to the
vehicle has not been transferred to a first purchaser.
(8) ‘‘model year’’ has the same meaning given that term in section
32901(a) of this title.
(9) ‘‘new line’’ means a line introduced into commerce after Decem-
ber 31, 1989.
(10) ‘‘passenger motor vehicle’’ includes a multipurpose passenger
vehicle or light duty truck when that vehicle or truck is rated at not
more than 6,000 pounds gross vehicle weight.
(11) ‘‘vehicle theft prevention standard’’ means a minimum perform-
ance standard for identifying major parts of new motor vehicles and
major replacement parts by inscribing or affixing numbers or symbols
on those parts.
§ 33102. Theft prevention standard for high theft lines
(a) GENERAL.—(1) The Secretary of Transportation by regulation shall
prescribe a vehicle theft prevention standard that conforms to the require-
ments of this chapter. The standard shall apply to—
(A) covered major parts that manufacturers install in passenger
motor vehicles in lines designated under section 33104 of this title as
high theft lines; and
405
(B) major replacement parts for the major parts described in clause
(A) of this paragraph.
(2) The standard may apply only to—
(A) major parts that manufacturers install in passenger motor vehi-
cles having a model year designation later than the calendar year in
which the standard takes effect; and
(B) major replacement parts manufactured after the standard takes
effect.
(b) STANDARD REQUIREMENTS.—The standard shall be practicable and
provide relevant objective criteria.
(c) LIMITATIONS ON MAJOR PART AND REPLACEMENT PART STAND-
ARDS.—(1) For a major part installed by the manufacturer of the motor
vehicle, the standard may not require a part to have more than one identi-
fication.
(2) For a major replacement part, the standard may not require—
(A) identification of a part not designed as a replacement for a
major part required to be identified under the standard; or
(B) the inscribing or affixing of identification except a symbol identi-
fying the manufacturer and a common symbol identifying the part as
a major replacement part.
(d) RECORDS AND REPORTS.—This chapter does not authorize the Sec-
retary to require a person to keep records or make reports, except as pro-
vided in sections 33104(c), 33106(c), 33108(a), and 33112 of this title.
§ 33103.
Theft prevention standard for other lines
(a) GENERAL.—Not later than October 25, 1994, the Secretary of Trans-
portation shall prescribe a vehicle theft standard that conforms to the re-
quirements of this chapter for covered major parts that manufacturers in-
stall in passenger motor vehicles (except light duty trucks) in not more than
50 percent of the lines not designated under section 33104 of this title as
high theft lines.
(b) EXTENSION OF APPLICATION.—(1) Not later than 3 years after the
standard is prescribed under subsection (a) of this section and based on the
finding of the Attorney General under subsection (c) of this section to apply
the standard, the Secretary shall apply that standard to covered major parts
and major replacement parts for covered parts that manufacturers install
in the lines of passenger motor vehicles (except light duty trucks)—
(A) not designated under section 33104 of this title as high theft
lines; and
(B) not covered by the standard prescribed under subsection (a) of
this section.
406
(2) The Secretary shall include as part of the regulatory proceeding under
this subsection the finding of, and the record developed by, the Attorney
General under subsection (c) of this section.
(c) INITIAL REVIEW OF EFFECTIVENESS.—Before the Secretary begins a
regulatory proceeding under subsection (b) of this section, the Attorney
General shall make a finding that the Secretary shall apply the standard
prescribed under subsection (a) of this section unless the Attorney General
finds, based on information collected and analyzed under section 33112 of
this title and other information the Attorney General develops after provid-
ing notice and an opportunity for a public hearing, that applying the stand-
ard prescribed in subsection (a) to the remaining lines of passenger motor
vehicles (except light duty trucks) not covered by that standard would not
substantially inhibit chop shop operations and motor vehicle thefts. The At-
torney General also shall consider and include in the record additional costs,
effectiveness, competition, and available alternative factors. The Attorney
General shall submit to the Secretary the finding and record on which the
finding is based.
(d) LONG RANGE REVIEW OF EFFECTIVENESS.—(1) Not later than De-
cember 31, 1999, the Attorney General shall make separate findings, after
notice and an opportunity for a public hearing, on the following:
(A) whether the application of the standard under subsection (a) or
(b) of this subsection, or both, have been effective in substantially in-
hibiting the operation of chop shops and motor vehicle theft.
(B) whether the anti-theft devices for which the Secretary has grant-
ed exemptions under section 33106 of this title are an effective sub-
stitute for parts marking in substantially inhibiting motor vehicle theft.
(2)(A) In making the finding under paragraph (1)(A) of this subsection,
the Attorney General shall—
(i) consider the additional cost, competition, and available alter-
natives;
(ii) base that finding on information collected and analyzed under
section 33112 of this title;
(iii) consider the effectiveness, the extent of use, and the extent to
which civil and criminal penalties under section 33115(b) of this title
and section 2322 of title 18 on chop shops have been effective in sub-
stantially inhibiting operation of chop shops and motor vehicle theft;
(iv) base that finding on the 3-year and 5-year reports issued by the
Secretary under section 33113 of this title; and
(v) base that finding on other information the Attorney General de-
velops and includes in the public record.
407
(B) The Attorney General shall submit a finding under paragraph (1)(A)
of this subsection promptly to the Secretary. If the Attorney General finds
that the application of the standard under subsection (a) or (b) of this sec-
tion, or both, has not been effective, the Secretary shall issue, not later than
180 days after receiving that finding, an order terminating the standard the
Attorney General found was ineffective. The termination is effective for the
model year beginning after the order is issued.
(3) In making a finding under paragraph (1)(B) of this subsection, the
Secretary shall consider the additional cost, competition, and available alter-
natives. If the Attorney General finds that the anti-theft devices are an ef-
fective substitute, the Secretary shall continue to grant exemptions under
section 33106 of this title for the model years after model year 2000 at one
of the following levels that the Attorney General decides: at the level author-
ized before October 25, 1992, or at the level provided in section
33106(b)(2)(C) of this title for model year 2000.
(e) EFFECTIVE DATE OF STANDARD.—A standard prescribed under this
section takes effect at least 6 months after the date the standard is pre-
scribed, except that the Secretary may prescribe an earlier effective date if
the Secretary—
(1) decides with good cause that the earlier date is in the public in-
terest; and
(2) publishes the reasons for the decision.
(f) NOTIFICATION OF CONGRESS.—The Secretary and the Attorney Gen-
eral shall inform the appropriate legislative committees of Congress with ju-
risdiction over this part and section 2322 of title 18 of actions taken or
planned under this section.
§ 33104. Designation of high theft vehicle lines and parts
(a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCEDURES.—
(1) For purposes of the standard under section 33102 of this title, the fol-
lowing are high theft lines:
(A) a passenger motor vehicle line determined under subsection (b)
of this section to have had a new passenger motor vehicle theft rate
in the 2-year period covering calendar years 1990 and 1991 greater
than the median theft rate for all new passenger motor vehicle thefts
in that 2-year period.
(B) a passenger motor vehicle line initially introduced into commerce
in the United States after December 31, 1989, that is selected under
paragraph (3) of this subsection as likely to have a theft rate greater
than the median theft rate referred to in clause (A) of this paragraph.
(C) subject to paragraph (2) of this subsection, a passenger motor
vehicle line having (for existing lines) or likely to have (for new lines)
408
a theft rate below the median theft rate referred to in clause (A) of
this paragraph, if the major parts in the vehicles are selected under
paragraph (3) of this subsection as interchangeable with the majority
of the major parts that are subject to the standard and are contained
in the motor vehicles of a line described in clause (A) or (B) of this
paragraph.
(2) The standard may not apply to any major part of a line described
in paragraph (1)(C) of this subsection if all the passenger motor vehicles
of lines that are, or are likely to be, below the median theft rate, and that
contain parts interchangeable with the major parts of the line involved, ac-
count (for existing lines), or the Secretary of Transportation determines
they are likely to account (for new lines), for more than 90 percent of the
total annual production of all lines of that manufacturer containing those
interchangeable parts.
(3) The lines, and the major parts of the passenger motor vehicles in
those lines, that are to be subject to the standard may be selected by agree-
ment between the manufacturer and the Secretary. If the manufacturer and
the Secretary disagree on the selection, the Secretary shall select the lines
and parts, after notice to the manufacturer and opportunity for written
comment, and subject to the confidentiality requirements of this chapter.
(4) To the maximum extent practicable, the Secretary shall prescribe rea-
sonable procedures designed to ensure that a selection under paragraph (3)
of this subsection is made at least 6 months before the first applicable
model year beginning after the selection.
(5) A manufacturer may not be required to comply with the standard
under a selection under paragraph (3) of this subsection for a model year
beginning earlier than 6 months after the date of the selection.
(6) A passenger motor vehicle line subject on October 25, 1992, to parts
marking requirements under sections 602 and 603 of the Motor Vehicle In-
formation and Cost Savings Act (Public Law 92–513, 86 Stat. 947), as
added by section 101(a) of the Motor Vehicle Theft Law Enforcement Act
of 1984 (Public Law 98–547, 98 Stat. 2756), continues to be subject to
the requirements of this section and section 33102 of this title unless the
line is exempted under section 33106 of this title.
(b) DETERMINING THEFT RATE FOR PASSENGER VEHICLES.—(1) In this
subsection, ‘‘new passenger motor vehicle thefts’’, when used in reference to
a calendar year, means thefts in the United States in that year of passenger
motor vehicles with the same model-year designation as that calendar year.
(2) Under subsection (a) of this section, the theft rate for passenger
motor vehicles of a line shall be determined by a fraction—
409
(A) the numerator of which is the number of new passenger motor
vehicle thefts for that line during the 2-year period referred to in sub-
section (a)(1)(A) of this section; and
(B) the denominator of which is the sum of the respective production
volumes of all passenger motor vehicles of that line (as reported to the
Administrator of the Environmental Protection Agency under chapter
329 of this title) that are of model years 1990 and 1991 and are dis-
tributed for sale in commerce in the United States.
(3) Under subsection (a) of this section, the median theft rate for all new
passenger motor vehicle thefts during that 2-year period is the theft rate
midway between the highest and the lowest theft rates determined under
paragraph (2) of this subsection. If there is an even number of theft rates
determined under paragraph (2), the median theft rate is the arithmetic av-
erage of the 2 adjoining theft rates midway between the highest and the
lowest of those theft rates.
(4) In consultation with the Director of the Federal Bureau of Investiga-
tion, the Secretary periodically shall obtain from the most reliable source
accurate and timely theft and recovery information and publish the informa-
tion for review and comment. To the greatest extent possible, the Secretary
shall use theft information reported by United States Government, State,
and local police. After publication and opportunity for comment, the Sec-
retary shall use the theft information to determine the median theft rate
under this subsection. The Secretary and the Director shall take any nec-
essary actions to improve the accuracy, reliability, and timeliness of the in-
formation, including ensuring that vehicles represented as stolen are really
stolen.
(5) The Secretary periodically (but not more often than once every 2
years) may redetermine and prescribe by regulation the median theft rate
under this subsection.
(c) PROVIDING INFORMATION.—The Secretary by regulation shall require
each manufacturer to provide information necessary to select under sub-
section (a)(3) of this section the high theft lines and the major parts to be
subject to the standard.
(d) APPLICATION.—Except as provided in section 33106 of this title, the
Secretary may not make the standard inapplicable to a line that has been
subject to the standard.
§ 33105. Cost limitations
(a) MAXIMUM MANUFACTURER COSTS.—A standard under section 33102
or 33103 of this title may not impose—
(1) on a manufacturer of motor vehicles, compliance costs of more
than $15 a motor vehicle; or
410
(2) on a manufacturer of major replacement parts, compliance costs
for each part of more than the reasonable amount (but less than $15)
that the Secretary of Transportation specifies in the standard.
(b) COSTS INVOLVED IN ENGINES AND TRANSMISSIONS.—For a manu-
facturer engaged in identifying engines or transmissions on October 25,
1984, in a way that substantially complies with the standard—
(1) the costs of identifying engines and transmissions may not be
considered in calculating the manufacturer’s costs under subsection (a)
of this section; and
(2) the manufacturer may not be required under the standard to
conform to any identification system for engines and transmissions that
imposes greater costs on the manufacturer than are incurred under the
identification system used by the manufacturer on October 25, 1984.
(c) COST ADJUSTMENTS.—(1) In this subsection—
(A) ‘‘base period’’ means calendar year 1984.
(B) ‘‘price index’’ means the average over a calendar year of the
Consumer Price Index (all items—United States city average) pub-
lished monthly by the Secretary of Labor.
(2) At the beginning of each calendar year, as necessary data become
available from the Bureau of Labor Statistics, the Secretary of Labor shall
certify to the Secretary of Transportation and publish in the Federal Reg-
ister the percentage difference between the price index for the 12 months
before the beginning of the calendar year and the price index for the base
period. For model years beginning in that calendar year, the amounts speci-
fied in subsection (a) of this section shall be adjusted by the percentage dif-
ference.
§ 33106. Exemption for passenger motor vehicles equipped
with anti-theft devices
(a) DEFINITIONS.—In this section—
(1) ‘‘anti-theft device’’ means a device to reduce or deter theft that—
(A) is in addition to the theft-deterrent devices required by
motor vehicle safety standard numbered 114 in section 571.114 of
title 49, Code of Federal Regulations;
(B) the manufacturer believes will be effective in reducing or de-
terring theft of motor vehicles; and
(C) does not use a signaling device reserved by State law for
use on police, emergency, or official vehicles, or on schoolbuses.
(2) ‘‘standard equipment’’ means equipment already installed in a
motor vehicle when it is delivered from the manufacturer and not an
accessory or other item that the first purchaser customarily has the op-
tion to have installed.
411
(b) GRANTING EXEMPTIONS
AND LIMITATIONS.—(1) A manufacturer
may petition the Secretary of Transportation for an exemption from a re-
quirement of a standard prescribed under section 33102 or 33103 of this
title for a line of passenger motor vehicles equipped as standard equipment
with an anti-theft device that the Secretary decides is likely to be as effec-
tive in reducing and deterring motor vehicle theft as compliance with the
standard.
(2) The Secretary may grant an exemption—
(A) for model year 1987, for not more than 2 lines of a manufac-
turer;
(B) for each of the model years 1988–1996, for not more than 2 ad-
ditional lines of a manufacturer;
(C) for each of the model years 1997–2000, for not more than one
additional line of a manufacturer; and
(D) for each of the model years after model year 2000, for the num-
ber of lines that the Attorney General decides under section
33103(d)(3) of this title.
(3) An additional exemption granted under subparagraph (2)(B) or (C)
of this paragraph does not affect an exemption previously granted.
(c) PETITIONING PROCEDURE.—A petition must be filed not later than
8 months before the start of production for the first model year covered by
the petition. The petition must include—
(1) a detailed description of the device;
(2) the reasons for the manufacturer’s conclusion that the device will
be effective in reducing and deterring theft of motor vehicles; and
(3) additional information the Secretary reasonably may require to
make the decision described in subsection (b)(1) of this section.
(d) DECISIONS AND APPROVALS.—The Secretary shall make a decision
about a petition filed under this section not later than 120 days after the
date the petition is filed. A decision approving a petition must be based on
substantial evidence. The Secretary may approve a petition in whole or in
part. If the Secretary does not make a decision within the 120-day period,
the petition shall be deemed to be approved and the manufacturer shall be
exempt from the standard for the line covered by the petition for the subse-
quent model year.
(e) RESCISSIONS.—The Secretary may rescind an exemption if the Sec-
retary decides that the anti-theft device has not been as effective in reducing
and deterring motor vehicle theft as compliance with the standard. A rescis-
sion may be effective only—
(1) for a model year after the model year in which the rescission oc-
curs; and
412
(2) at least 6 months after the manufacturer receives written notice
of the rescission from the Secretary.
§ 33107. Voluntary vehicle identification standards
(a) ELECTION TO INSCRIBE OR AFFIX IDENTIFYING MARKS.—The Sec-
retary of Transportation by regulation may prescribe a vehicle theft preven-
tion standard under which a person may elect to inscribe or affix an identi-
fying number or symbol on major parts of a motor vehicle manufactured
or owned by the person for purposes of section 511 of title 18 and related
provisions. The standard may include provisions for registration of the iden-
tification with the Secretary or a person designated by the Secretary.
(b) STANDARD REQUIREMENTS.—The standard under this section shall
be practicable and provide relevant objective criteria.
(c) VOLUNTARY COMPLIANCE.—Compliance with the standard under this
section is voluntary. Failure to comply does not subject a person to a pen-
alty or enforcement under this chapter.
(d) COMPLIANCE
WITH
OTHER
STANDARDS.—Compliance with the
standard under this section does not relieve a manufacturer from a require-
ment of a standard prescribed under section 33102 or 33103 of this title.
§ 33108. Monitoring compliance of manufacturers
(a) RECORDS, REPORTS, INFORMATION, AND INSPECTION.—To enable
the Secretary of Transportation to decide whether a manufacturer of motor
vehicles containing a part subject to a standard prescribed under section
33102 or 33103 of this title, or a manufacturer of major replacement parts
subject to the standard, is complying with this chapter and the standard,
the Secretary may require the manufacturer to—
(1) keep records;
(2) make reports;
(3) provide items and information; and
(4) allow an officer or employee designated by the Secretary to in-
spect the vehicles and parts and relevant records of the manufacturer.
(b) ENTRY AND INSPECTION.—To enforce this chapter, an officer or em-
ployee designated by the Secretary, on presenting appropriate credentials
and a written notice to the owner, operator, or agent in charge, may inspect
a facility in which motor vehicles containing major parts subject to the
standard, or major replacement parts subject to the standard, are manufac-
tured, held for introduction into interstate commerce, or held for sale after
introduction into interstate commerce. An inspection shall be conducted at
a reasonable time, in a reasonable way, and with reasonable promptness.
(c) CERTIFICATION OF COMPLIANCE.—(1) A manufacturer of a motor ve-
hicle subject to the standard, and a manufacturer of a major replacement
part subject to the standard, shall provide at the time of delivery of the ve-
413
hicle or part a certification that the vehicle or part conforms to the applica-
ble motor vehicle theft prevention standard. The certification shall accom-
pany the vehicle or part until its delivery to the first purchaser. The Sec-
retary by regulation may prescribe the type and form of the certification.
(2) This subsection does not apply to a motor vehicle or major replace-
ment part that is—
(A) intended only for export;
(B) labeled only for export on the vehicle or replacement part and
the outside of any container until exported; and
(C) exported.
(d) NOTIFICATION OF ERROR.—A manufacturer shall notify the Sec-
retary if the manufacturer discovers that—
(1) there is an error in the identification (required by the standard)
applied to a major part installed by the manufacturer in a motor vehi-
cle during its assembly, or to a major replacement part manufactured
by the manufacturer; and
(2) the motor vehicle or major replacement part has entered inter-
state commerce.
§ 33109.
National Stolen Passenger Motor Vehicle Informa-
tion System
(a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993, the
Attorney General shall establish, and thereafter maintain, a National Stolen
Passenger Motor Vehicle Information System containing the vehicle identi-
fication numbers of stolen passenger motor vehicles and stolen passenger
motor vehicle parts. The System shall be located in the National Crime In-
formation Center and shall include at least the following information on
each passenger motor vehicle reported to a law enforcement authority as
stolen and not recovered:
(A) the vehicle identification number.
(B) the make and model year.
(C) the date on which the vehicle was reported as stolen.
(D) the location of the law enforcement authority that received the
report of the theft of the vehicle.
(E) the identification numbers of the vehicle parts (or derivatives of
those numbers), at the time of the theft, if those numbers are different
from the vehicle identification number of the vehicle.
(2) In establishing the System, the Attorney General shall consult with—
(A) State and local law enforcement authorities; and
(B) the National Crime Information Center Policy Advisory Board
to ensure the security of the information in the System and that the
414
System will not compromise the security of stolen passenger motor ve-
hicle and passenger motor vehicle parts information in the System.
(3) If the Attorney General decides that the Center is not able to perform
the functions of the System, the Attorney General shall make an agreement
for the operation of the System separate from the Center.
(4) The Attorney General shall prescribe by regulation the effective date
of the System.
(b) REQUESTS FOR INFORMATION.—(1) The Attorney General shall pre-
scribe by regulation procedures under which an individual or entity intend-
ing to transfer a passenger motor vehicle or passenger motor vehicle part
may obtain information on whether the vehicle or part is listed in the Sys-
tem as stolen.
(2) On request of an insurance carrier, a person lawfully selling or dis-
tributing passenger motor vehicle parts in interstate commerce, or an indi-
vidual or enterprise engaged in the business of repairing passenger motor
vehicles, the Attorney General (or the entity the Attorney General des-
ignates) immediately shall inform the insurance carrier, person, individual,
or enterprise whether the System has a record of a vehicle or vehicle part
with a particular vehicle identification number (or derivative of that num-
ber) being reported as stolen. The Attorney General may require appro-
priate verification to ensure that the request is legitimate and will not com-
promise the security of the System.
(c) ADVISORY COMMITTEE.—(1) Not later than December 24, 1992, the
Attorney General shall establish in the Department of Justice an advisory
committee. The Attorney General shall develop the System with the advice
and recommendations of the committee.
(2)(A) The committee is composed of the following 10 members:
(i) the Attorney General.
(ii) the Secretary of Transportation.
(iii) one individual who is qualified to represent the interests of the
law enforcement community at the State level.
(iv) one individual who is qualified to represent the interests of the
law enforcement community at the local level.
(v) one individual who is qualified to represent the interests of the
automotive recycling industry.
(vi) one individual who is qualified to represent the interests of the
automotive repair industry.
(vii) one individual who is qualified to represent the interests of the
automotive rebuilders industry.
(viii) one individual who is qualified to represent the interests of the
automotive parts suppliers industry.
415
(ix) one individual who is qualified to represent the interests of the
insurance industry.
(x) one individual who is qualified to represent the interests of con-
sumers.
(B) The Attorney General shall appoint the individuals described in sub-
paragraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the
committee.
(3) The committee shall make recommendations on developing and carry-
ing out—
(A) the National Stolen Passenger Motor Vehicle Information Sys-
tem; and
(B) the verification system under section 33110 of this title.
(4) Not later than April 25, 1993, the committee shall submit to the At-
torney General, the Secretary, and Congress a report including the rec-
ommendations of the committee.
§ 33110. Verifications involving junk and salvage motor vehi-
cles
(a) DEFINITION.—In this section, ‘‘vehicle identification number’’ means
a unique identification number (or derivative of that number) assigned to
a passenger motor vehicle by a manufacturer in compliance with applicable
regulations.
(b) GENERAL REQUIREMENTS.—(1) If an insurance carrier selling com-
prehensive motor vehicle insurance coverage obtains possession of and trans-
fers a junk motor vehicle or a salvage motor vehicle, the carrier shall—
(A) under procedures the Attorney General prescribes by regulation
under section 33109 of this title in consultation with the Secretary of
Transportation, verify whether the vehicle is reported as stolen; and
(B) provide the purchaser or transferee of the vehicle from the insur-
ance carrier verification identifying the vehicle identification number
and verifying that the vehicle has not been reported as stolen or, if re-
ported as stolen, that the carrier has recovered the vehicle and has
proper legal title to the vehicle.
(2)(A) This subsection does not prohibit an insurance carrier from trans-
ferring a motor vehicle if, within a reasonable period of time during normal
business operations (as decided by the Attorney General under section
33109 of this title) using reasonable efforts, the carrier—
(i) has not been informed under the procedures prescribed in section
33109 of this title that the vehicle has not been reported as stolen; or
(ii) has not otherwise established whether the vehicle has been re-
ported as stolen.
416
(B) When a carrier transfers a motor vehicle for which the carrier has
not established whether the vehicle has been reported as stolen, the carrier
shall provide written certification to the transferee that the carrier has not
established whether the vehicle has been reported as stolen.
(c) REGULATIONS.—In consultation with the Secretary, the Attorney
General shall prescribe regulations necessary to ensure that verification per-
formed and provided by an insurance carrier under subsection (b)(1)(B) of
this section is uniform, effective, and resistant to fraudulent use.
§ 33111.
Verifications involving motor vehicle major parts
(a) GENERAL REQUIREMENTS.—A person engaged in the business of sal-
vaging, dismantling, recycling, or repairing passenger motor vehicles may
not knowingly sell in commerce or transfer or install a major part marked
with an identification number without—
(1) first establishing, through a procedure the Attorney General by
regulation prescribes in consultation with the Secretary of Transpor-
tation under section 33109 of this title, that the major part has not
been reported as stolen; and
(2) providing the purchaser or transferee with a verification—
(A) identifying the vehicle identification number (or derivative
of that number) of that major part; and
(B) verifying that the major part has not been reported as sto-
len.
(b) NONAPPLICATION.—(1) Subsection (a) of this section does not apply
to a person that—
(A) is the manufacturer of the major part;
(B) has purchased the major part directly from the manufacturer;
or
(C) has received a verification from an insurance carrier under sec-
tion 33110 of this title that the motor vehicle from which the major
part is derived has not been reported as stolen, or that the carrier has
not established whether that vehicle has been stolen.
(2) A person described under paragraph (1)(C) of this subsection that
subsequently transfers or sells in commerce the motor vehicle or a major
part of the vehicle shall provide the verification received from the carrier
to the person to whom the vehicle or part is transferred or sold.
(c) REGULATIONS.—The Attorney General shall prescribe regulations to
carry out this section. The regulations shall include regulations prescribed
in consultation with the Secretary that are necessary to ensure that a ver-
ification a person provides under subsection (a)(2) of this section is uni-
form, effective, and resistant to fraudulent use.
417
§ 33112. Insurance reports and information
(a) PURPOSES.—The purposes of this section are—
(1) to prevent or discourage the theft of motor vehicles, particularly
those stolen for the removal of certain parts;
(2) to prevent or discourage the sale and distribution in interstate
commerce of used parts that are removed from those vehicles; and
(3) to help reduce the cost to consumers of comprehensive insurance
coverage for motor vehicles.
(b) DEFINITIONS.—In this section—
(1) ‘‘insurer’’ includes a person (except a governmental authority)
having a fleet of at least 20 motor vehicles that are used primarily for
rental or lease and are not covered by a theft insurance policy issued
by an insurer of passenger motor vehicles.
(2) ‘‘motor vehicle’’ includes a truck, a multipurpose passenger vehi-
cle, and a motorcycle.
(c) ANNUAL INFORMATION REQUIREMENT.—(1) An insurer providing
comprehensive coverage for motor vehicles shall provide annually to the Sec-
retary of Transportation information on—
(A) the thefts and recoveries (in any part) of motor vehicles;
(B) the number of vehicles that have been recovered intact;
(C) the rating rules and plans, such as loss information and rating
characteristics, used by the insurer to establish premiums for com-
prehensive coverage, including the basis for the premiums, and pre-
mium penalties for motor vehicles considered by the insurer as more
likely to be stolen;
(D) the actions taken by the insurer to reduce the premiums, includ-
ing changing rate levels for comprehensive coverage because of a reduc-
tion in thefts of motor vehicles;
(E) the actions taken by the insurer to assist in deterring or reduc-
ing thefts of motor vehicles; and
(F) other information the Secretary requires to carry out this chap-
ter and to make the report and findings required by this chapter.
(2) The information on thefts and recoveries shall include an explanation
on how the information is obtained, the accuracy and timeliness of the infor-
mation, and the use made of the information, including the extent and fre-
quency of reporting the information to national, public, and private entities
such as the Federal Bureau of Investigation and State and local police.
(d) REPORTS ON REDUCED CLAIMS PAYMENTS.—An insurer shall report
promptly in writing to the Secretary if the insurer, in paying a claim under
an adjustment or negotiation between the insurer and the insured for a sto-
len motor vehicle—
418
(1) reduces the payment to the insured by the amount of the value,
salvage or otherwise, of a recovered part subject to a standard pre-
scribed under section 33102 or 33103 of this title; and
(2) the reduction is not made at the express election of the insured.
(e) GENERAL EXEMPTIONS.—The Secretary shall exempt from this sec-
tion, for one or more years, an insurer that the Secretary decides should
be exempted because—
(1) the cost of preparing and providing the information is excessive
in relation to the size of the insurer’s business; and
(2) the information from that insurer will not contribute significantly
to carrying out this chapter.
(f) SMALL INSURER EXEMPTIONS.—(1) In this subsection, ‘‘small in-
surer’’ means an insurer whose premiums for motor vehicle insurance issued
directly or through an affiliate, including a pooling arrangement established
under State law or regulation for the issuance of motor vehicle insurance,
account for—
(A) less than one percent of the total premiums for all forms of
motor vehicle insurance issued by insurers in the United States; and
(B) less than 10 percent of the total premiums for all forms of motor
vehicle insurance issued by insurers in any State.
(2) The Secretary shall exempt by regulation a small insurer from this
section if the Secretary finds that the exemption will not significantly affect
the validity or usefulness of the information collected and compiled under
this section, nationally or State-by-State. However, the Secretary may not
exempt an insurer under this paragraph that is considered an insurer only
because of subsection (b)(1) of this section.
(3) Regulations under this subsection shall provide that eligibility as a
small insurer shall be based on the most recent calendar year for which ade-
quate information is available, and that, once attained, the eligibility shall
continue without further demonstration of eligibility for one or more years,
as the Secretary considers appropriate.
(g) PRESCRIBED FORM.—Information required by this section shall be
provided in the form the Secretary prescribes.
(h) PERIODIC COMPILATIONS.—Subject to section 552 of title 5, the Sec-
retary periodically shall compile and publish information obtained by the
Secretary under this section, in a form that will be helpful to the public,
the police, and Congress.
(i) CONSULTATION.—In carrying out this section, the Secretary shall con-
sult with public and private agencies and associations the Secretary consid-
ers appropriate.
419
§ 33113. Theft reports
(a) TRUCK, MULTIPURPOSE PASSENGER VEHICLE, AND MOTORCYCLE
REPORT.—Not later than October 25, 1995, the Secretary of Transpor-
tation shall submit a report to Congress that includes—
(1) information on the number of trucks, multipurpose passenger ve-
hicles, and motorcycles distributed for sale in interstate commerce that
are stolen and recovered annually, compiled by model, make, and line;
(2) information on the extent to which trucks, multipurpose pas-
senger vehicles, and motorcycles stolen annually are dismantled to re-
cover parts or are exported;
(3) a description of the market for the stolen parts;
(4) information on the premiums charged by insurers of comprehen-
sive coverage of trucks, multipurpose passenger vehicles, or motor-
cycles, including any increase in the premiums charged because any of
those motor vehicles is a likely candidate for theft;
(5) an assessment of whether the identification of parts of trucks,
multipurpose passenger vehicles, and motorcycles is likely—
(A) to decrease the theft rate of those motor vehicles;
(B) to increase the recovery rate of those motor vehicles;
(C) to decrease the trafficking in stolen parts of those motor ve-
hicles;
(D) to stem the export and import of those stolen motor vehicles
or parts; or
(E) to have benefits greater than the costs of the identification;
and
(6) recommendations on whether, and to what extent, the identifica-
tion of trucks, multipurpose passenger vehicles, and motorcycles should
be required by law.
(b) MOTOR VEHICLE REPORT.—Not later than October 25, 1997, the
Secretary shall submit a report to Congress that includes—
(1) information on—
(A) the methods and procedures used by public and private enti-
ties to collect, compile, and disseminate information on the theft
and recovery of motor vehicles, including classes of motor vehicles;
and
(B) the reliability and timeliness of the information and how the
information can be improved;
(2) information on the number of motor vehicles distributed for sale
in interstate commerce that are stolen and recovered annually, com-
piled by class, model, make, and line;
420
(3) information on the extent to which motor vehicles stolen annually
are dismantled to recover parts or are exported;
(4) a description of the market for the stolen parts;
(5) information on—
(A) the costs to manufacturers and purchasers of passenger
motor vehicles of compliance with the standards prescribed under
this chapter;
(B) the beneficial impacts of the standards and the monetary
value of the impacts; and
(C) the extent to which the monetary value is greater than the
costs;
(6) information on the experience of officials of the United States
Government, States, and localities in—
(A) making arrests and successfully prosecuting persons for vio-
lating a law set forth in title II or III of the Motor Vehicle Theft
Law Enforcement Act of 1984;
(B) preventing or reducing the number and rate of thefts of
motor vehicles that are dismantled for parts subject to this chap-
ter; and
(C) preventing or reducing the availability of used parts that
are stolen from motor vehicles subject to this chapter;
(7) information on the premiums charged by insurers of comprehen-
sive coverage of motor vehicles subject to this chapter, including any
increase in the premiums charged because a motor vehicle is a likely
candidate for theft, and the extent to which the insurers have reduced
for the benefit of consumers the premiums, or foregone premium in-
creases, because of this chapter;
(8) information on the adequacy and effectiveness of laws of the
United States and the States aimed at preventing the distribution and
sale of used parts that have been removed from stolen motor vehicles
and the adequacy of systems available to enforcement personnel for
tracing parts to determine if they have been stolen from a motor vehi-
cle;
(9) an assessment of whether the identification of parts of other
classes of motor vehicles is likely—
(A) to decrease the theft rate of those vehicles;
(B) to increase the recovery rate of those vehicles;
(C) to decrease the trafficking in stolen parts of those vehicles;
(D) to stem the export and import of those stolen vehicles,
parts, or components; or
421
(E) to have benefits greater than the costs of the identification;
and
(10) other relevant and reliable information available to the Sec-
retary about the impact, including the beneficial impact, of the laws set
forth in titles II and III of the Motor Vehicle Theft Law Enforcement
Act of 1984 on law enforcement, consumers, and manufacturers; and
(11) recommendations (including, as appropriate, legislative and ad-
ministrative recommendations) for—
(A) continuing without change the standards prescribed under
this chapter;
(B) amending this chapter to cover more or fewer lines of pas-
senger motor vehicles;
(C) amending this chapter to cover other classes of motor vehi-
cles; or
(D) ending the standards for all future motor vehicles.
(c) BASES OF REPORTS.—(1) The reports under subsections (a) and (b)
of this section each shall be based on—
(A) information reported under this chapter by insurers of motor ve-
hicles and manufacturers of motor vehicles and major replacement
parts;
(B) information provided by the Federal Bureau of Investigation;
(C) experience obtained in carrying out this chapter;
(D) experience of the Government under the laws set forth in titles
II and III of the Motor Vehicle Theft Law Enforcement Act of 1984;
and
(E) other relevant and reliable information available to the Sec-
retary.
(2) In preparing each report, the Secretary shall consult with the Attor-
ney General and State and local law enforcement officials, as appropriate.
(3) The report under subsection (b) of this section shall—
(A) cover a period of at least 4 years after the standards required
by this chapter are prescribed; and
(B) reflect any information, as appropriate, from the report under
subsection (a) of this section, updated from the date of the report.
(4) At least 90 days before submitting each report to Congress, the Sec-
retary shall publish a proposed report for public review and an opportunity
of at least 45 days for written comment. The Secretary shall consider those
comments in preparing the report to be submitted and include a summary
of the comments with the submitted report.
§ 33114. Prohibited acts
(a) GENERAL.—A person may not—
422
(1) manufacture for sale, sell, offer for sale, introduce or deliver for
introduction in interstate commerce, or import into the United States,
a motor vehicle or major replacement part subject to a standard pre-
scribed under section 33102 or 33103 of this title, unless it conforms
to the standard;
(2) fail to comply with a regulation prescribed by the Secretary of
Transportation or Attorney General under this chapter;
(3) fail to keep specified records, refuse access to or copying of
records, fail to make reports or provide items or information, or fail
or refuse to allow entry or inspection, as required by this chapter;
(4) fail to provide the certification required by section 33108(c) of
this title, or provide a certification that the person knows, or in the
exercise of reasonable care has reason to know, is false or misleading
in a material respect; or
(5) knowingly—
(A) own, operate, maintain, or control a chop shop;
(B) conduct operations in a chop shop; or
(C) transport a passenger motor vehicle or passenger motor ve-
hicle part to or from a chop shop.
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply
to a person establishing that in the exercise of reasonable care the person
did not have reason to know that the motor vehicle or major replacement
part was not in conformity with the standard.
§ 33115. Civil penalties and enforcement
(a) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT.—(1) A person
that violates section 33114(a)(1)–(4) of this title is liable to the United
States Government for a civil penalty of not more than $1,000 for each vio-
lation. The failure of more than one part of a single motor vehicle to con-
form to an applicable standard under section 33102 or 33103 of this title
is only a single violation. The maximum penalty under this subsection for
a related series of violations is $250,000.
(2) The Secretary of Transportation imposes a civil penalty under this
subsection. The Secretary may compromise the amount of a penalty.
(3) In determining the amount of a civil penalty or compromise under
this subsection, the Secretary shall consider the size of the person’s business
and the gravity of the violation.
(4) The Attorney General shall bring a civil action in a United States dis-
trict court to collect a civil penalty imposed under this subsection.
(5) The Government may deduct the amount of a civil penalty imposed
or compromised under this subsection from amounts it owes the person lia-
ble for the penalty.
423
(b) CHOP SHOP PENALTY AND ENFORCEMENT.—(1) A person that vio-
lates section 33114(a)(5) of this title is liable to the Government for a civil
penalty of not more than $100,000 a day for each violation.
(2) As appropriate and in consultation with the Attorney General, the
Secretary shall—
(A) bring a civil action for a temporary or permanent injunction to
restrain a person violating section 33114(a)(5) of this section;
(B) impose and recover the penalty described in paragraph (1) of
this subsection; or
(C) take both the actions described in clauses (A) and (B) of this
paragraph.
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring
a civil action in a United States district court to enjoin a violation of this
chapter or the sale, offer for sale, introduction or delivery for introduction
in interstate commerce, or importation into the United States, of a pas-
senger motor vehicle containing a major part, or of a major replacement
part, that is subject to the standard and is determined before the sale of
the vehicle or part to a first purchaser not to conform to the standard.
(2)(A) When practicable, the Secretary—
(i) shall notify a person against whom an action under this sub-
section is planned;
(ii) shall give the person an opportunity to present that person’s
views; and
(iii) except for a knowing and willful violation, shall give the person
a reasonable opportunity to comply.
(B) The failure of the Secretary to comply with subparagraph (A) of this
paragraph does not prevent a court from granting appropriate relief.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction or restraining order issued under subsection (c) of this sec-
tion, the violation of which is also a violation of this chapter, the defendant
may demand a jury trial. The defendant shall be tried as provided in rule
42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(e) VENUE.—A civil action under subsection (a) or (c) of this section may
be brought in the judicial district in which the violation occurred or the de-
fendant resides, is found, or transacts business. Process in the action may
be served in any other judicial district in which the defendant resides or is
found. A subpena for a witness in the action may be served in any judicial
district.
424
§ 33116. Confidentiality of information
(a) GENERAL.—Information obtained by the Secretary of Transportation
under this chapter related to a confidential matter referred to in section
1905 of title 18 may be disclosed only—
(1) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(2) in a proceeding under this chapter (except a proceeding under
section 33104(a)(3)).
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
§ 33117. Judicial review
A person that may be adversely affected by a regulation prescribed under
this chapter may obtain judicial review of the regulation under section
32909 of this title. A remedy under this section is in addition to any other
remedies provided by law.
§ 33118. Preemption of State and local law
When a motor vehicle theft prevention standard prescribed under section
33102 or 33103 of this title is in effect, a State or political subdivision of
a State may not have a different motor vehicle theft prevention standard
for a motor vehicle or major replacement part.
SUBTITLE VII—AVIATION PROGRAMS
PART A—AIR COMMERCE AND SAFETY
SUBPART I—GENERAL
CHAPTER
Sec.
401.
GENERAL PROVISIONS ..............................................................................
40101
SUBPART II—ECONOMIC REGULATION
411.
AIR CARRIER CERTIFICATES ...................................................................
41101
413.
FOREIGN AIR TRANSPORTATION ...........................................................
41301
415.
PRICING ..........................................................................................................
41501
417.
OPERATIONS OF CARRIERS ......................................................................
41701
419.
TRANSPORTATION OF MAIL .....................................................................
41901
421.
LABOR-MANAGEMENT PROVISIONS .......................................................
42101
SUBPART III—SAFETY
441.
REGISTRATION AND RECORDATION OF AIRCRAFT ..........................
44101
443.
INSURANCE ...................................................................................................
44301
445.
FACILITIES, PERSONNEL, AND RESEARCH .........................................
44501
447.
SAFETY REGULATION ................................................................................
44701
449.
SECURITY ......................................................................................................
44901
451.
ALCOHOL AND CONTROLLED SUBSTANCES TESTING .....................
45101
453.
FEES ................................................................................................................
45301
SUBPART IV—ENFORCEMENT AND PENALTIES
461.
INVESTIGATIONS AND PROCEEDINGS ..................................................
46101
463.
PENALTIES ....................................................................................................
46301
465.
SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES ......
46501
PART B—AIRPORT DEVELOPMENT AND NOISE
471.
AIRPORT DEVELOPMENT ..........................................................................
47101
473.
INTERNATIONAL AIRPORT FACILITIES ................................................
47301
475.
NOISE ..............................................................................................................
47501
425
PART C—FINANCING
481.
AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS ................
48101
PART D—MISCELLANEOUS
491.
BUY-AMERICAN PREFERENCES ..............................................................
49101
PART A—AIR COMMERCE AND SAFETY
SUBPART I—GENERAL
CHAPTER 401—GENERAL PROVISIONS
Sec.
40101.
Policy.
40102.
Definitions.
40103.
Sovereignty and use of airspace.
40104.
Promotion of civil aeronautics and air commerce.
40105.
International negotiations, agreements, and obligations.
40106.
Emergency powers.
40107.
Presidential transfers.
40108.
Training schools.
40109.
Authority to exempt.
40110.
General procurement authority.
40111.
Multiyear procurement contracts for services and related items.
40112.
Multiyear procurement contracts for property.
40113.
Administrative.
40114.
Reports and records.
40115.
Withholding information.
40116.
State taxation.
40117.
Passenger facility fees.
40118.
Government-financed air transportation.
40119.
Security and research and development activities.
40120.
Relationship to other laws.
§ 40101. Policy
(a) ECONOMIC REGULATION.—In carrying out subpart II of this part and
those provisions of subpart IV applicable in carrying out subpart II, the
Secretary of Transportation shall consider the following matters, among
others, as being in the public interest and consistent with public convenience
and necessity:
(1) assigning and maintaining safety as the highest priority in air
commerce.
(2) before authorizing new air transportation services, evaluating the
safety implications of those services.
(3) preventing deterioration in established safety procedures, rec-
ognizing the clear intent, encouragement, and dedication of Congress
to further the highest degree of safety in air transportation and air
commerce, and to maintain the safety vigilance that has evolved in air
transportation and air commerce and has come to be expected by the
traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and
low-priced services without unreasonable discrimination or unfair or de-
ceptive practices.
(5) coordinating transportation by, and improving relations among,
air carriers, and encouraging fair wages and working conditions.