[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1687 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1687

 To amend chapter 329 of title 49, United States Code, to ensure that 
  new vehicles enable fuel competition so as to reduce the strategic 
                importance of oil to the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2011

  Mr. Shimkus (for himself, Mr. Engel, Mr. Bartlett, and Mr. Israel) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 329 of title 49, United States Code, to ensure that 
  new vehicles enable fuel competition so as to reduce the strategic 
                importance of oil to the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Fuel Standard Act of 2011''.

SEC. 2. OPEN FUEL STANDARD FOR MOTOR VEHICLES.

    Chapter 329 of title 49, United States Code, is amended by 
inserting after section 32905 the following new section:
``Sec. 32905A. Open fuel standard for motor vehicles.
    ``(a) Requirements.--Except as provided in subsection (c), each 
manufacturer's fleet of covered vehicles for a particular model year 
shall be comprised of--
            ``(1) not less than 50 percent qualified vehicles beginning 
        in model year 2014;
            ``(2) not less than 80 percent qualified vehicles beginning 
        in model year 2016; and
            ``(3) not less than 95 percent qualified vehicles beginning 
        in model year 2017 and each subsequent year.
    ``(b) Additional Definitions.--As used in this section--
            ``(1) the term `covered vehicle' means a passenger 
        automobile, and includes a light-duty motor vehicle;
            ``(2) the term `qualified vehicle ' means covered vehicle 
        that--
                    ``(A) has been warranted by its manufacturer to 
                operate solely on natural gas, hydrogen, or biodiesel;
                    ``(B) is a flexible fuel vehicle;
                    ``(C) is a plug-in electric drive vehicle;
                    ``(D) is propelled solely by fuel cell that 
                produces power without the use of petroleum or a 
                petroleum-based fuel; or
                    ``(E) is propelled solely by something other than 
                an internal combustion engine, and produces power 
                without the use of petroleum or a petroleum-based fuel;
            ``(3) the term `flexible fuel vehicle' means a vehicle that 
        has been warranted by its manufacturer to operate on gasoline, 
        E85, and M85;
            ``(4) the term `E85' means a fuel mixture containing 85 
        percent ethanol and 15 percent gasoline by volume;
            ``(5) the term `M85' means a fuel mixture containing 85 
        percent methanol and 15 percent gasoline by volume;
            ``(6) the term `biodiesel' means diesel fuel which has been 
        produced from a non-petroleum feedstock and which meets the 
        standards of ASTM D6751-03;
            ``(7) the term `plug-in electric drive vehicle' has the 
        meaning given such term in section 508(a)(5) of the Energy 
        Policy Act of 1992 (42 U.S.C. 13258(a)(5)); and
            ``(8) the term `light-duty motor vehicle' means a light-
        duty truck or light-duty vehicle as such terms are defined in 
        section 216(7) of the Clean Air Act (42 U.S.C. 7550(7)) of less 
        than or equal to 8,500 pounds gross vehicle weight rating.
    ``(c) Temporary Exemption From Requirements.--
            ``(1) Application.--A manufacturer may request an exemption 
        from the requirement described in subsection (a) by submitting 
        an application to the Secretary, at such time, in such manner, 
        and containing such information as the Secretary may require by 
        regulation. Each such application shall specify the models, 
        lines, and types of automobiles affected.
            ``(2) Evaluation.--After evaluating an application received 
        from a manufacturer, the Secretary may at any time, under such 
        terms and conditions, and to such extent as the Secretary 
        considers appropriate, temporarily exempt, or renew the 
        exemption of, a light-duty motor-vehicle from the requirement 
        described in subsection (a) if the Secretary determines that 
        unavoidable events not under the control of the manufacturer 
        prevent the manufacturer of such automobile from meeting its 
        required production volume of qualified automobiles, 
        including--
                    ``(A) a disruption in the supply of any component 
                required for compliance with the regulations; or
                    ``(B) a disruption in the use and installation by 
                the manufacturer of such component.
            ``(3) Consolidation.--The Secretary may consolidate 
        applications received from multiple manufacturers under 
        subparagraph (A) if they are of a similar nature.
            ``(4) Conditions.--Any exemption granted under paragraph 
        (2) shall be conditioned upon the manufacturer's commitment to 
        recall the exempted automobiles for installation of the omitted 
        components within a reasonable time proposed by the 
        manufacturer and approved by the Secretary after such 
        components become available in sufficient quantities to satisfy 
        both anticipated production and recall volume requirements.
            ``(5) Notice.--The Secretary shall publish in the Federal 
        Register--
                    ``(A) notice of each application received from a 
                manufacturer;
                    ``(B) notice of each decision to grant or deny a 
                temporary exemption; and
                    ``(C) the reasons for granting or denying such 
                exemptions.
    ``(d) Rulemaking.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall promulgate regulations as 
necessary to carry out this section.''.
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