Page:United States Statutes at Large Volume 106 Part 4.djvu/156

 106 STAT. 2892 PUBLIC LAW 102-486—OCT. 24, 1992 Regulations. Federal Register, publication. ' (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 percentage requirements higher than those described in paragraph (1). The Secretary may, if appropriate, 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) ror initiating the fleet requirements under paragraph (1). (3) The Secretary shall publish an advance notice of proposed rulemaking for the purpose of— (A) evaluating the progress toward achieving the goals of replacement fuel use described in section 502(b)(2), as modified under section 504; (B) identifying the problems associated with achieving thosegoals; (C) assessing the adequacy and practicability of those goals; and (D) considering all actions needed to achieve those goals. The Secretary shall provide for at least 3 regional hearings on the advance notice of^ proposed rulemaking, with respect to which official transcripts shall be maintained. 'The comment period in connection with such advance notice of proposed rulemeiking shall be completed within 7 months after publication of the advance notice. (4) After the completion of such advance notice of proposed rulemaking, the Secretary shall publish in the Federal Register a proposea 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 the date of the enactment of this Act, and after carrying out the requirements of subsection (a), the Secretary shall initiate a rulemaking to determine whether a fleet requirement program to begin in calendar year 1998 (when model year 1999 be^ns), or such other later date as he may select pursuant to subsection (a), is necessary under this section. Such nile, consistent with subsection (a)(l), shall establish the annual applicable model year percentage. No rule under this subsection may be promulgated after December 15, 1996, and be enforceable. 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 described in section 502(b)(2)(B), as modified under section 504, is not expected to be actually achieved by 2010, or such other date as is established under section 504, by voluntary means or pursuant to this title or any other law without such a fleet requirement program, taking mto consideration the status of the achievement of the interim goal described in section 502(b)(2)(A), as modified under section 504; (B) such goal is practicable and actually achievable within periods specified in section 502(b)(2), as modified under section

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