Elimination of CAFE standards

(a)

Repeal

(1)

In general

Chapter 329 of subtitle VI of title 49, United States Code, is repealed. (2)

Clerical amendment

The analysis for part C of subtitle VI of title 49, United States Code, is amended by striking the items relating to chapter 329. (b)

Applicability

The amendment made by subsection (a)(1) shall apply to model year 2029, and each model year thereafter, of a manufacturer.(c)

Conforming amendments

(1)Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended—(A)in paragraph (1)—(i)in the matter preceding subparagraph (A), by striking , as defined in section 32901(a)(3) of title 49, United States Code;(ii)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; and(iii)in the matter preceding clause (i) (as so redesignated), by striking (1) The term and inserting the following:

(1)

Consumer product

(A)

In general

The term

; and

(B)by adding at the end the following:

(B)

Related definition

For purposes of subparagraph (A), the term automobile means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, except—(i)a vehicle operated only on a rail line;(ii)a vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or(iii)a work truck.

(2)Section 400AA(g) of the Energy Policy and Conservation Act (42 U.S.C. 6374(g)) is amended—(A)by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (7), and (8), respectively;(B)by inserting after paragraph (3) the following:

(4)the term dedicated automobile means an automobile that operates only on alternative fuel;

;

(C)in subparagraph (A) of paragraph (5) (as so redesignated), by striking , as such term is defined in section 513(h)(1)(C) of the Motor Vehicle Information and Cost Savings Act;(D)by inserting after paragraph (5) (as so redesignated) the following:

(6)the term dual fueled automobile means an automobile that—(A)is capable of operating on alternative fuel or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as B20) and on gasoline or diesel fuel; and(B)provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the United States Government, when operating on alternative fuel as when operating on gasoline or diesel fuel;

; and

(E)in subparagraph (A) of paragraph (7) (as so redesignated), by striking , as such term is defined in section 513(h)(1)(D) of the Motor Vehicle Information and Cost Savings Act.(3)Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is amended—(A)by redesignating paragraphs (6), (7), (8), and (9) through (14) as paragraphs (7), (8), (10), and (11) through (16), respectively;(B)by inserting after paragraph (5) the following:

(6)the term dedicated automobile means an automobile that operates only on alternative fuel;

;

(C)in subparagraph (A) of paragraph (7) (as so redesignated), by striking , as such term is defined in section 513(h)(1)(C) of the Motor Vehicle Information and Cost Savings Act;(D)by inserting after paragraph (8) (as so redesignated) the following:

(9)the term dual fueled automobile means an automobile that—(A)is capable of operating on alternative fuel or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as B20) and on gasoline or diesel fuel; and(B)provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the United States Government, when operating on alternative fuel as when operating on gasoline or diesel fuel;

; and

(E)in subparagraph (A) of paragraph (10) (as so redesignated), by striking , as such term is defined in section 513(h)(1)(D) of the Motor Vehicle Information and Cost Savings Act. (4) Section 30501(1) of title 49, United States Code, is amended by striking has the same meaning given that term in section 32901(a) of this title and inserting the following: “means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, except—

(A) a vehicle operated only on a rail line; (B) a vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or (C) a work truck.

(5) Section 33101(8) of title 49, United States Code, is amended by striking has the same meaning given that term in section 32901(a) of this title and inserting the following: “, with respect to a specific calendar year, means—

(A) the annual production period of a manufacturer, as determined by the Administrator of the Environmental Protection Agency, that includes January 1 of that calendar year; or (B) that calendar year if the manufacturer does not have an annual production period.

(6) Section 30114(b)(4) of title 49, United States Code, is amended by striking sections 32304, 32502, and 32902 and inserting sections 32304 and 32502. (7)Section 166(e)(2) of title 23, United States Code, is amended by striking , in accordance with section 32908(b) of title 49.(8)Section 32304(g) of title 49, United States Code, is amended, in the second sentence, by striking , on the label required by section 32908 of this title,.(9)Section 33117 of title 49, United States Code, is amended to read as follows:

33117.

Judicial review

(a)

Filing and venue

A person that may be adversely affected by a regulation promulgated under this chapter may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. (b)

Time for filing and judicial procedures

(1)

In general

A petition filed under subsection (a) shall be filed not later than 59 days after the regulation is promulgated. (2)

Clerk of court

The clerk of the court shall send immediately a copy of a petition filed under subsection (a) to the Secretary of Transportation. (3)

Record of proceeding

The Secretary of Transportation shall file with the court a record of the proceeding in which the applicable regulation was promulgated. (c)

Additional proceedings

(1)

In general

When reviewing a regulation under subsection (a), the court, on request of the petitioner, may order the Secretary of Transportation to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the proceeding before the Secretary of Transportation.(2)

Amend or set aside

The Secretary of Transportation may amend or set aside the regulation, or promulgate a new regulation, based on the additional submissions presented under paragraph (1), which shall be filed with and reviewed by the court.(d)

Supreme court review and additional remedies

A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28.(e)

Clarification

A remedy under subsections (a) and (c) is in addition to any other remedies provided by law.

(10) Section 513 of the Energy Policy Act of 1992 (42 U.S.C. 13263) is amended by striking under section 505(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1)) and inserting under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).