Page:United States Statutes at Large Volume 102 Part 3.djvu/497

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-494—OCT. 14, 1988

102 STAT. 2449

"(e) FUEL ECONOMY CALCULATION.—The EPA Administrator shall * calculate, subject to the provisions of this section, the manufacturer's average fuel economy under section 503(a)(1) and (2) by including as the denominator of the term for each model type of alcohol powered automobile, dual energy automobile, natural gas powered automobile, or natural gas dual energy automobile, the fuel economv measured pursuant to subsections (a) through (d) of this section. (f) APPLICABILITY.—

"(1) Except as otherwise provided in this subsection, subsections (b) and (d) shall apply only to automobiles manufactured in model year 1993 through model year 2004. Subsections (a) and (c) shall apply only to automobiles manufactured after model year 1992. "(2)(A) Not later than September 30, 2000, the Secretary, in Reports, consultation with the Secretary of Energy and the EPA Administrator, shall complete and submit to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report containing the results of a study of the success of the policy contained in subsections (b) and (d), along with preliminary conclusions as to whether the application of such subsections should be extended for up to four additional model years. Such study and conclusions shall be prepared taking into consideration— "(i) the availability to the public of alcohol powered automobiles, natural gas powered automobiles, and alternative fuels; "(ii) energy conservation and security; "(iii) environmental considerations; and "(iv) other relevant factors. "(B) The Secretary shall— "(i) promulgate a rule to extend the applicability of subsections (b) and (d) for 4 or fewer consecutive model years immediately after model year 2004; or "(ii) publish a notice explaining the reasons for not promulgating such rule. Such rule or notice shall be promulgated before January 1, 2002. Any such promulgated rule shall explain the basis on which any such extension has been granted. "(g) MAXIMUM INCREASE.—

"(I)(A) For each of the model years 1993 through 2004, for each category of automobiles the maximum increase in average fuel economy for a manufacturer attributable to dued energy automobiles and natural gas dual energy automobiles shall be 1.2 miles per gallon. "(B) If the application of subsections (b) and (d) is extended under subsection (fK2), for each category of automobiles the maximum increase in average fuel economy for a manufacturer for each of the model years 2005 through 2008 attributable to dual energy automobiles and natural gas dual energy automobiles shall be 0.9 miles per gallon. "(C) For purposes of applying subparagraph (A) or (B), the EPA Administrator shall compute the increeise in a manufacturer's average fuel economy attributable to dual energy automobiles and natural gas dual energy automobiles by subtracting from the manufacturer's average fuel economy calculated under subsection (e) the number equal to what the manufacturer's