Page:United States Statutes at Large Volume 89.djvu/971

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 911

purchasers information compiled by the E P A Administrator under paragraph (1). "(c)(1) A violation of subsection (a) shall be treated as a violation of section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). For purposes of the Federal Trade Commission Act (other 15 USC 58. than sections 5(m) and (18), a violation of subsection (a) shall be treated as an unfair or deceptive act or practice in or affecting commerce. "(2) As used in this section, the term 'dealer' has the same meaning "Dealer." as such term has in section 2(e) of the Automobile Information Disclosure Act (15 U.S.C. 1231(e)) except that in applying such term to this section, the term 'automobile' has the same meaning as such term has in section 501(1) of this part. "(d) Any disclosure with respect to fuel economy or estimated annual fuel cost which is required to be made under the provisions of this section shall not create an express or implied warranty under State or Federal law that such fuel economy will be achieved, or that such cost will not be exceeded, under conditions of actual use. "(e) In carrying out his duties under this section, the E P A Admin- Consultation. istrator shall consult with the Federal Trade Commission, the Secretary, and the Federal Energy Administrator. " U N L A W F U L CONDUCT

"SEC. 507. The following conduct is unlawful: 15 USC 2007. "(1) the failure of any manufacturer to comply with any average fuel economy standard applicable to such manufacturer under section 502 (other than section 502(b)), "(2) the failure of any manufacturer to comply with any average fuel economy standard applicable to such manufacturer under section 502(b), or "(3) the failure of any person (A) to comply with any provision of this part applicable to such person (other than section 502, 506(a), 510, or 511), or (B) to comply with any standard, rule, or order applicable to such person which is issued pursuant to such a provision. "CIVIL PENALTY

"SEC. 508. (a)(1) If average fuel economy calculations reported 15 USC 2008. under section 503(d) indicate that any manufacturer has violated section 507(1) or (2), then (unless further measurements of fuel economy, further calculations of average fuel economy, or other information indicates there is no violation of section 507(1) or (2)) the Secretary shall commence a proceeding under paragraph (2) of this subsection. The results of such further measurements, further cal- Publication in culations, and any such other information, shall be published in the Federal Register. Federal Register. "(2) If, on the record after opportunity for agency hearing, the Secretary determines that such manufacturer has violated section 507 (1) or (2), or that any person has violated section 507(3), the Secretary shall assess the penalties provided for under subsection (b). Any interested person may participate in any proceeding under this paragraph. "(3)(A)(i) Whenever the average fuel economy of the passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable average fuel economy standard established under section 502(a) or (c) (determined without regard to any adjust-

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