Page:United States Statutes at Large Volume 121.djvu/1521

 121 STAT. 1500

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07:12 Jan 26, 2009

PUBLIC LAW 110–140—DEC. 19, 2007

Register when the standard for that model year is promulgated in accordance with this section.’’; and (3) in subsection (c)— (A) by striking ‘‘(1) Subject to paragraph (2) of this subsection, the’’ and inserting ‘‘The’’; and (B) by striking paragraph (2). (b) FUEL ECONOMY STANDARD FOR COMMERCIAL MEDIUM-DUTY AND HEAVY-DUTY ON-HIGHWAY VEHICLES AND WORK TRUCKS.— Section 32902 of title 49, United States Code, is amended by adding at the end the following: ‘‘(k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON-HIGHWAY VEHICLES AND WORK TRUCKS.— ‘‘(1) STUDY.—Not later than 1 year after the National Academy of Sciences publishes the results of its study under section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and work trucks and determine— ‘‘(A) the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles and work trucks; ‘‘(B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used; ‘‘(C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency; and ‘‘(D) such other factors and conditions that could have an impact on a program to improve commercial mediumand heavy-duty on-highway vehicle and work truck fuel efficiency. ‘‘(2) RULEMAKING.—Not later than 24 months after completion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation, shall determine in a rulemaking proceeding how to implement a commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test methods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty onhighway vehicles and work trucks. The Secretary may prescribe separate standards for different classes of vehicles under this subsection. ‘‘(3) LEAD-TIME; REGULATORY STABILITY.—The commercial medium- and heavy-duty on-highway vehicle and work truck fuel economy standard adopted pursuant to this subsection shall provide not less than—

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