§32907 — Title 49 Transportation | U.S. Code

Summary

Manufacturers must tell the Secretary of Transportation whether they will meet the fuel‑economy standard for a model year, what steps they have taken or plan to take, and any other information the Secretary asks for. They must send that report during the 30 days before the model year starts and again in the 30‑day period that begins on the 180th day of the model year. If earlier steps are not enough, manufacturers must report extra steps and say whether those will ensure compliance. The reporting rule does not apply to a manufacturer covered by the alternative standard in section 32902(d). Under rules from the Secretary or the EPA Administrator, manufacturers must keep records, run tests, make reports, and provide requested items or information. A designated official may inspect vehicles and records if they show ID, and inspections must be at a reasonable time. U.S. district courts can order compliance and punish failure to obey as contempt.

Title 49, §32907

Transportation — Source: USLM XML via OLRC

(a)(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

(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 economy standard under section 32902(d) of this title.

(b)(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 information. 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 paragraph (1) of this subsection; and

(B)punish a failure to obey the order as a contempt of court.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32907(a)15:2005(a)(1)–(3).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 505(a)(1)–(3), (c); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 908, 909. 15:2005(a)(4).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 505(a)(4); added Oct. 10, 1980, Pub. L. 96–425, § 3(b), 94 Stat. 1822. 32907(b)15:2005(c). In subsection (a)(1), before clause (A), the words “shall report to the Secretary of Transportation on” are substituted for “shall submit a report to the Secretary . . . Each such report shall contain (A) a statement as to” to eliminate unnecessary words. In clause (B), the words “the actions” are substituted for “a plan which describes the steps” to eliminate unnecessary words. In subsection (a)(2)(A), the words “after model year 1977” are omitted as obsolete. In subsection (a)(3), the words “actions reported . . . are not sufficient to ensure compliance with that standard” are substituted for “a plan submitted . . . which he stated was sufficient to insure compliance with applicable average fuel economy standards is not sufficient to insure such compliance” to eliminate unnecessary words and for consistency in the section. The words “additional actions” are substituted for “a revised plan which specifies any additional measures” for consistency in the section. The text of 15:2005(a)(3) is omitted as surplus because of 49:322(a). In subsection (b)(1), the words “Under

Regulations

prescribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter” are substituted for “as the Secretary or the EPA Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this subchapter and under any rules prescribed pursuant to this subchapter” to eliminate unnecessary words, for consistency in the revised title, and because “rules” and “

Regulations

” are synonymous. The words “establish and” are omitted as surplus. The 2d sentence is substituted for 15:2005(c) (2d sentence) to eliminate unnecessary words and for consistency. The text of 15:2005(c)(1) (last sentence) is omitted as surplus because of section 32910(d) of the revised title and 49:322(a). Subsection (b)(2)(A) is substituted for “if a manufacturer refuses to accede to any rule or reasonable request made under paragraph (1), issue an order requiring compliance with such requirement or request” to eliminate unnecessary words. Subsection (b)(2)(B) is substituted for 15:2005(c) (last sentence) to eliminate unnecessary words.

§32907 Reports and tests of manufacturers

Summary

Title 49, §32907

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

Citations & Metadata