Page:United States Statutes at Large Volume 106 Part 4.djvu/159

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PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2895 a Federal fleet, State fleet, or fleet owned, operated, leased, or otherwise controlled by a covered person under section 501— (A) 20 percent of the motor vehicles acquired in model year 2002; (B) 40 percent of the motor vehicles acquired in model year 2003; (C) 60 percent of the motor vehicles acquired in model year 2004; and (D) 70 percent of the motor vehicles acquired in model year 2005 and thereafter, shall be alternative fueled vehicles. (2) The Secretary may not establish percentage reqmrements higher than those described in paragraph (1). The Secretary may, if appropriate, and pursuant to a rule under subsection (g), establish a lesser percentage requirement for any model year. The Secretary may, by rule, establish a date later than 2002 (when model year 2003 begins) for initiating the fleet requirements under paragraph (1). (3) Nothing in this title shall be construed as requiring any fleet to acquire alternative ftieled vehicles or alternative fuels Hiat do not meet the normal business requirements and practices and needs of that fleet. (4) A vehicle operating only on gasoline that complies with applicable requirements of the Clean Air Act shall not be considered an alternative fueled vehicle under subsection (b) or this subsection, except that the Secretary, as part of the rule under subsection (b) or this subsection, may determine that such vehicle should be treated as an alternative fueled vehicle for purposes of this section, for fleets subject to part C of title II of the Clean Air Act, taking into consideration the impact on energy security and the goals stated in section 502(a). (h) EXTENSION OF DEADLINES.— The Secretary may, by notice published in the Federal Register, extend the deadlines established under subsections (e), (f)(2), and (g) for an additional 90 days if the Secretary is imable to meet such deadlines. Such extension shall not be reviewable. (i) EXEMPTIONS.—(1) A rule issued under subsection (b), (g), or (o) shall provide for the prompt exemption by the Secretary, through a simple and reasonable process, of any fleet from the requirements of subsection (b), (g), or (o), in whole or in part, if it is demonstrated to the satisfaction of the Secretary that— (A) alternative fueled vehicles that meet the normal requirements and practices of the principal business of the fleet owner are not reasonably available for acquisition; (B) alternative fuels that meet the normal requirements and practices of the principal business of the fleet owner are not available in the area in which the vehicles are to be operated; or (C) in the case of State and local government entities, the application of such requirements would pose an unreasonablefinancialhardship. (2) In the case of private fleets, if the motor vehicles, when under normal operations, are garaged at personal residences at night, such motor vehicles shall be exempt from the requirements of subsections (b) and (g).