9 2 STAT. 3182
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PUBLIC LAW 95-618—NOV. 9, 1978 " ( i i i) for other emergency uses prescribed by the Secretary by regulations. " (2) F U E L ECONOMY.—The term 'fuel economy' means the average number of miles traveled by a n automobile p e r gallon of gasoline ( o r equivalent amount of other fuel) consumed, as determined by the E P A A d m i n i s t r a to r i n accordance with procedures established under subsection (c). " (3) MODEL TYPE.—The term 'model t y p e ' means a particular class of automobile as determined by regulation by the E P A Administrator. " (4) MODEL YEAR.—The term 'model year', with reference to any specific calendar year, means a manufacturer's annual production period (as determined by the E P A A d m i n i s t r a to r) which includes January 1 of such calendar year. I f a manufacturer has no annual production period, the term 'model year' means the calendar year. " (5) MANUFACTURER.—The term 'manufacturer' includes a producer or importer. " (6) E P A ADMINISTRATOR.—The term ' E P A Administrator' means the A d m i n i s t r a to r of the Environmental Protection Agency. " (7) FUEL.—The term 'fuel' means gasoline and diesel fuel. The Secretary (after consultation with the Secretary of Transportation) may, by regulation, include any product of petroleum or n a t u r a l g a s within the meaning of such term if he determines that such inclusion is consistent with the need of the Nation to conserve energy. "(c)
42 USC 7540.
DETERMINATION o r F U E L E C O N O M Y. — For purposes of
this
section— " (1) IN GENERAL.—Fuel economy for any model t y p e shall be measured in accordance with testing and calculation procedures established by the E P A A d m i n i s t r a to r by regulation. Procedures so established shall be the procedures utilized by the E P A A d m i n i s t r a to r for model year 1975 (weighted 55 percent urban cycle, and 45 percent highway cycle), or procedures which yield comparable results. Procedures under this subsection, to the extent practicable, shall require that fuel economy tests be conducted i n conjunction with emissions tests conducted under section 206 of the Clean A i r Act. The E P A A d m i n i s t r a to r shall report any measurements of fuel economy to the Secretary. " (2) SPECIAL RULE FOR FUELS OTHER T H A N GASOLINE.—The E P A
A d m i n i s t r a to r shall by regulation determine that quantity of any other fuel which is the equivalent of one gallon of gasoline. " (3) T I M E BY W H I C H REGULATIONS MUST BE ISSUED.—Testing and
calculation procedures applicable to a model year, and any amendment to such procedures (other than a technical or clerical amendment), shall be pronmlgated not less than 12 months before the model year to which such procedures apply. " (d) SPECIAL RULES FOR SMALL MANUFACTURERS.—
" (1) IN GENERAL,—If, on the application of a small manufacturer, the Secretary determines that it is not feasible for such manufacturer to meet the tax-free fuel economy level for the model year with respect to all automobiles produced by such manufacturer or with respect to a model type produced by such manufacturer, the Secretary may by regulation prescribe an alternate rate schedule for such model year for all automobiles produced by such manufacturer or for such model type, as the
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