42 U.S.C. § 13256 — Technical and policy analysis

Page 8536 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13254 visions of law protecting the confidentiality of trade secrets and business and financial infor- mation, including section 1905 of title 18. (Pub. L. 102–486, title V, § 503, Oct. 24, 1992, 106 Stat. 2889.) § 13254. Modification of goals; additional rule- making authority (a) Examination of goals Within 3 years after October 24, 1992, and peri- odically thereafter, the Secretary shall examine the goals established under section 13252(b)(2) of this title, in the context of the program goals stated under section 13252(a) of this title, to de- termine if the goals under section 13252(b)(2) of this title, including the applicable percentage requirements and dates, should be modified under this section. The Secretary shall publish in the Federal Register the results of each ex- amination under this subsection and provide an opportunity for public comment. (b) Modification of goals If, after analysis of information obtained in connection with carrying out subsection (a) or section 13252 of this title, or other information, and taking into account the determination of technical and economic feasibility made under section 13252(b)(2) of this title, the Secretary de- termines that goals described in section 13252(b)(2) of this title, including the percentage requirements or dates, are not achievable, the Secretary, in consultation with appropriate Fed- eral agencies, shall, by rule, establish goals that are achievable, for purposes of this subchapter. The modification of goals under this section may include changing the target dates specified in section 13252(b)(2) of this title. (c) Additional rulemaking authority If the Secretary determines that the achieve- ment of goals described in section 13252(b)(2) of this title would result in a significant and cor- rectable failure to meet the program goals de- scribed in section 13252(a) of this title, the Sec- retary shall issue such additional regulations as are necessary to remedy such failure. The Sec- retary shall have no authority under this Act to mandate the production of alternative fueled ve- hicles or to specify, as applicable, the models, lines, or types of, or marketing or pricing prac- tices, policies, or strategies for, vehicles subject to this Act. Nothing in this Act shall be con- strued to give the Secretary authority to man- date marketing or pricing practices, policies, or strategies for alternative fuels or to mandate the production or delivery of such fuels. (Pub. L. 102–486, title V, § 504, Oct. 24, 1992, 106 Stat. 2890.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. § 13255. Voluntary supply commitments The Secretary shall, by January 1, 1994, and thereafter, undertake to obtain voluntary com- mitments in geographically diverse regions of the United States— (1) from fuel suppliers to make available to the public replacement fuels, including pro- viding for the construction or availability of related fuel delivery systems; (2) from owners of 10 or more motor vehicles to acquire and use alternative fueled vehicles and alternative fuels; and (3) from suppliers of alternative fueled vehi- cles to make available to the public alter- native fueled vehicles and to ensure the avail- ability of necessary related services, in sufficient volume to achieve the goals de- scribed in section 13252(b)(2) of this title or as modified under section 13254 of this title, and in order to meet any fleet requirement program es- tablished by rule under this subchapter. The Secretary shall periodically report to the Con- gress on the results of efforts under this section. All voluntary commitments obtained pursuant to this section shall be available to the public, except to the extent provided in applicable pro- visions of law protecting the confidentiality of trade secrets and business and financial infor- mation, including section 1905 of title 18. (Pub. L. 102–486, title V, § 505, Oct. 24, 1992, 106 Stat. 2890.) § 13256. Technical and policy analysis (a) Requirement Not later than March 1, 1995, and March 1, 1997, the Secretary shall prepare and transmit to the President and the Congress a technical and pol- icy analysis under this section. The Secretary shall utilize the analytical capability and au- thorities of the Energy Information Administra- tion and such other offices of the Department of Energy as the Secretary considers appropriate. (b) Purposes The technical and policy analysis prepared under this section shall be based on the best available data and information obtainable by the Secretary under section 13253 of this title, or otherwise, and on experience under this sub- chapter and other provisions of law in the devel- opment and use of replacement fuels and alter- native fueled vehicles, and shall evaluate— (1) progress made in achieving the goals de- scribed in section 13252(b)(2) of this title, as modified under section 13254 of this title; (2) the actual and potential role of replace- ment fuels and alternative fueled vehicles in significantly reducing United States reliance on imported oil to the extent of the goals re- ferred to in paragraph (1); and (3) the actual and potential availability of various domestic replacement fuels and dedi- cated vehicles and dual fueled vehicles. (c) Publication The Secretary shall publish a proposed version of each analysis under this section in the Fed- eral Register for public comment before trans- mittal to the President and the Congress. Public comment received in response to such publica- tion shall be preserved for use in rulemaking proceedings under section 13257 of this title. (Pub. L. 102–486, title V, § 506, Oct. 24, 1992, 106 Stat. 2891.) Page 8537 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13257 § 13257. Fleet requirement program (a) Fleet program purchase goals (1) Except as provided in paragraph (2), the fol- lowing percentages of new light duty motor ve- hicles acquired in each model year for a fleet, other than a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person subject to section 13251 of this title, shall be alternative fueled vehicles: (A) 20 percent of the motor vehicles acquired in model years 1999, 2000, and 2001; (B) 30 percent of the motor vehicles acquired in model year 2002; (C) 40 percent of the motor vehicles acquired in model year 2003; (D) 50 percent of the motor vehicles acquired in model year 2004; (E) 60 percent of the motor vehicles acquired in model year 2005; and (F) 70 percent of the motor vehicles acquired in model year 2006 and thereafter. (2) The Secretary may not establish percent- age requirements higher than those described in paragraph (1). The Secretary may, if appro- priate, and pursuant to a rule under subsection (b), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 1998 (or model year 1999) for initiating the fleet requirements under paragraph (1). (3) The Secretary shall publish an advance no- tice of proposed rulemaking for the purpose of— (A) evaluating the progress toward achieving the goals of replacement fuel use described in section 13252(b)(2) of this title, as modified under section 13254 of this title; (B) identifying the problems associated with achieving those goals; (C) assessing the adequacy and practica- bility of those goals; and (D) considering all actions needed to achieve those goals. The Secretary shall provide for at least 3 re- gional hearings on the advance notice of pro- posed rulemaking, with respect to which official transcripts shall be maintained. The comment period in connection with such advance notice of proposed rulemaking shall be completed within 7 months after publication of the advance no- tice. (4) After the completion of such advance no- tice of proposed rulemaking, the Secretary shall publish in the Federal Register a proposed rule for the rule required under subsection (b), and shall provide for a public comment period, with hearings, of not less than 90 days. (b) Early rulemaking (1) Not earlier than 1 year after October 24, 1992, and after carrying out the requirements of subsection (a), the Secretary shall initiate a rulemaking to determine whether a fleet re- quirement program to begin in calendar year 1998 (when model year 1999 begins), or such other later date as he may select pursuant to sub- section (a), is necessary under this section. Such rule, consistent with subsection (a)(1), shall es- tablish the annual applicable model year per- centage. No rule under this subsection may be promulgated after December 15, 1996, and be en- forceable. A fleet requirement program shall be considered necessary and a rule therefor shall be promulgated if the Secretary finds that— (A) the goal of replacement fuel use de- scribed in section 13252(b)(2)(B) of this title, as modified under section 13254 of this title, is not expected to be actually achieved by 2010, or such other date as is established under sec- tion 13254 of this title, by voluntary means or pursuant to this subchapter or any other law without such a fleet requirement program, taking into consideration the status of the achievement of the interim goal described in section 13252(b)(2)(A) of this title, as modified under section 13254 of this title; (B) such goal is practicable and actually achievable within periods specified in section 13252(b)(2) of this title, as modified under sec- tion 13254 of this title, through implementa- tion of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals; and (C) by 1998 (when model year 1999 begins) or the date specified by the Secretary in such rule for initiating a fleet requirement pro- gram— (i) there exists sufficient evidence to en- sure that the fuel and the needed infrastruc- ture, including the supply and deliverability systems, will be installed and located at con- venient places in the fleet areas subject to the rule and will be fully operational when the rule is effective to offer a reliable and timely supply of the applicable alternative fuel at reasonable costs (as compared to con- ventional fuels) to meet the fleet require- ment program, as demonstrated through use of the provisions of section 13255(1) of this title regarding voluntary commitments or other adequate, reliable, and convincing forms of agreements, arrangements, or rep- resentations that such fuels and infrastruc- ture are in existence or will exist when the rule is effective and will be expanded as the percentages increase annually; (ii) there will be a sufficient number of new alternative fueled vehicles from original equipment manufacturers that comply with all applicable requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] and chapter 301 of title 49; (iii) such new vehicles will meet the appli- cable non-Federal and non-State fleet per- formance requirements of such fleets (in- cluding range, passenger or cargo-carrying capacity, reliability, refueling capability, vehicle mix, and economical operation and maintenance); and (iv) establishment of a fleet requirement program by rule under this subsection will not result in unfair competitive advantages or disadvantages, or result in undue eco- nomic hardship, to the affected fleets. (2) The Secretary shall not promulgate a rule under this subsection if he is unable to make af- firmative findings in the case of each of the sub- paragraphs under paragraph (1), and each of the clauses under subparagraph (C) of paragraph (1). (3) If the Secretary does not determine that such program is necessary under this subsection,