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49 U.S.C. § 32904

Calculation of average fuel economy

United States · Title 49 — TRANSPORTATION · Status: effective

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49 U.S.C. § 32904, Calculation of average fuel economy, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/490756
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The Administrator of the Environmental Protection Agency shall calculate the average fuel economy of a manufacturer subject to— section 32902(b)–(d) of this title by dividing— 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 determined by the Secretary of Energy for various classes of electric vehicles. The Secretary shall review those values each year and determine and propose necessary revisions based on the following factors: Except as provided in paragraphs (6) and (7) of this subsection, the Administrator shall make separate calculations under subsection (a)(1)(B) of this section for— Subparagraph (A) of this paragraph applies to automobiles manufactured by a manufacturer and sold in the United States, regardless of the place of assembly, as follows: 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 domestically 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— If the plan is approved, the Administrator shall include under paragraph (1)(A)(i) and exclude under paragraph (1)(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 qualifying as domestically manufactured if—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 103-272(H.R. 1758)1994-07-05
    To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-429(H.R. 4778)1994-10-31
    To codify without substantive change recent laws related to transportation and to improve the United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-287(H.R. 2297)1996-10-11
    To codify without substantive change laws related to transportation and to improve the United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 110-140(H.R. 6)2007-12-19
    Energy Independence and Security Act of 2007