108 STAT. 4382 PUBLIC LAW 103-429—OCT. 31, 1994 "(v) For a manufacturer described in clause (i) or (iii) of this subparagraph that does not make an election within the specified period, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 2004. "(C) The Secretary of Transportation shall prescribe reasonable procedures for elections under subparagraph (B) of this paragraph. "(4) In this subsection, the fuel economy of a passenger automobile that is not manufactured 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.". (C) In paragraph (5)(B), as redesignated by subparagraph (A) of this paragraph, strike "paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii)" and substitute "paragraph (l)(A)(i) and exclude under paragraph (l)(A)(ii)". (D) In paragraph (6)(A), as redesignated by subparagraph (A) of this paragraph, strike "paragraph (2)(A)" and substitute "paragraph (1)(A)". (37) In section 32908(b)(1), insert "on the automobile" after "maintain the label". (38) In section 32909(a)(1), strike "section 32901-32904" and substitute "any of sections 32901-32904". (39) In section 32910(b), strike "the judicial" and "was conducted" and substitute "any judicial" and "is conducted", respectively. (40) In section 32911(a), strike ", and 32917(b)" and substitute ", 32917(b), and 32918". (41) Section 32913(b)(1) is amended as follows: (A) In the catchline, strike "PENALTY REDUCTION" and substitute "CERTIFICATION". (B) Strike "the penalty should be reduced" and substitute "a reduction in the penalty is necessary". (42) Section 32916(b) is amended as follows: (A) In paragraph (1), in the matter before clause (A), strike "section 32904(b)(4)" each place it appears and substitute "section 32904(b)(6)". (B) In paragraph (1)(E), strike "section 32904(b)(1)(A)" and substitute "section 32904(b)(2)". (C) In paragraph (2), strike "section 32904(b)(4)" and substitute "section 32904(b)(6)". (43)(A) Section 32918 is redesignated as section 32919. (B) Insert after section 32917 the following: "§ 32918. Retrofit devices "(a) DEFINITION.—In this section, the term 'retrofit device' means any component, equipment, or other device— "(1) that is designed to be installed in or on an automobile (as an addition to, as a replacement for, or through alteration or modification of, any original component, equipment, or other device); and "(2) that any manufacturer, dealer, or distributor of the device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped, "as determined under regulations of the Administrator of the Environmental Protection Agency. The term also includes a fuel additive for use in an automobile.
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