Page:United States Statutes at Large Volume 89.djvu/975

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 915

" U S E OF F U E L E F F I C I E N T PASSENGER AUTOMOBILES BY THE FEDERAL GOVERNMENT

"SEC. 510. (a) The President shall, within 120 days after the date Rules, of enactment of this title, promulgate rules which shall require that 15 USC 2010. all passenger automobiles acquired by all executive agencies in each fiscal year which begins after such date of enactment achieve a fleet average fuel economy for such year not less than— " (1^ 18 miles per gallon, or "(2) the average fuel economy standard applicable under section 502(a) for the model year which includes January 1 of such fiscal year, whichever is greater. "(b) As used in this section: Definitions. "(1) The term 'fleet average fuel economy' means (A) the total number of passenger automobiles acquired in a fiscal year to which this section applies by all executive agencies (excluding passenger automobiles designed to perform combat related missions for the Armed Forces or designed to be used in law enforcement work or emergency rescue work), divided by (B) a sum of terms, each term of which is a fraction created by dividing— "(i) the number of passenger automobiles so acquired of a given model type, by " (ii) the fuel economy of such model type. " (2) The term 'executive agency' has the same meaning as such term has for purposes of section 105 of title 5, United States Code. "(3) The term 'acquired' means leased for a period of 60 continuous days or more, or purchased. "RETROFIT DEVICES

"SEC. 511. (a) The Federal Trade Commission shall establish a program for systematically examining fuel economy representations made with respect to retrofit devices. Whenever the Commission has reason to believe that any such representation may be inaccurate, it shall request the E P A Administrator to evaluate, in accordance with subsection (b), the retrofit device with respect to which such representation was made. "(b)(1) Upon application of any manufacturer of a retrofit device (or prototype thereof), upon the request of the Federal Trade Commission pursuant to subsection (a), or upon his own motion, the E P A Administrator shall evaluate, in accordance with rules prescribed under subsection (d), any retrofit device to determine whether the retrofit device increases fuel economy and to determine whether the representations (if any) made with respect to such retrofit device are accurate. " (2) If under paragraph (1) the E P A Administrator tests, or causes to be tested, any retrofit device upon the application of a manufacturer of such device, such manufacturer shall supply, at his own expense, one or more samples of such device to the Administrator and shall be liable for the costs of testing which are incurred by the Administrator. The procedures for testing retrofit devices so supplied may include a requirement for preliminary testing by a qualified independent testing laboratory, at the expense of the manufacturer of such device. "(c) The E P A Administrator shall publish in the Federal Register a summary of the results of all tests conducted under this section. together with the E P A Administrator's conclusions as to—

Examination program. 15 USC 2011.

Publication in Federal Register,