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U.S. Code as of:
01/19/04
Section 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.
(b) Examination of Fuel Economy Representations. - 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 representation may be inaccurate, the Commission shall
request the Administrator to evaluate, in accordance with
subsection (c) of this section, the retrofit device with respect to
which the representation was made.
(c) Evaluation of Retrofit Devices. - (1) On application of any
manufacturer of a retrofit device (or prototype of a retrofit
device), on request of the Commission under subsection (b) of this
section, or on the motion of the Administrator, the Administrator
shall evaluate, in accordance with regulations prescribed under
subsection (e) of this section, any retrofit device to determine
whether the retrofit device increases fuel economy and to determine
whether the representations, if any, made with respect to the
retrofit device are accurate.
(2) If under paragraph (1) of this subsection, the Administrator
tests, or causes to be tested, any retrofit device on the
application of a manufacturer of the device, the manufacturer shall
supply, at the manufacturer's expense, one or more samples of the
device to the Administrator and shall be liable for the costs of
testing 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 the device.
(d) Results of Tests and Publication in Federal Register. - (1)
The Administrator shall publish in the Federal Register a summary
of the results of all tests conducted under this section, together
with the Administrator's conclusions as to -
(A) the effect of any retrofit device on fuel economy;
(B) the effect of the device on emissions of air pollutants;
and
(C) any other information the Administrator determines to be
relevant in evaluating the device.
(2) The summary and conclusions shall also be submitted to the
Secretary of Transportation and the Commission.
(e) Regulations Establishing Tests and Procedures for Evaluation
of Retrofit Devices. - The Administrator shall prescribe
regulations establishing -
(1) testing and other procedures for evaluating the extent to
which retrofit devices affect fuel economy and emissions of air
pollutants; and
(2) criteria for evaluating the accuracy of fuel economy
representations made with respect to retrofit devices.
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