Page:United States Statutes at Large Volume 106 Part 4.djvu/157

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2893 504, through implementation of such a fleet requirement program in combination with voluntary means and the application of other programs relevant to achieving such goals; ana (C) by 1998 (when model year 1999 begins) or the date specified by the Searetary in such rule for initiating a fleet requirement program— (i) there exists sufficient evidence to ensure that the fuel and the needed infpastructure, including the supply and deliverability systems, will be installed and located at convenient places in the fleet areas subject to the rule and vdll 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 conventional fuels) to meet the fleet requirement program, as demonstrated through use of the provisions of section 505(1) of this title regarding voluntary commitments or other adequate, reliable, and convincing forms of agreements, arrangements, or representations that such fuels and infrastructure 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 and the National Traffic and Motor Vehicle Safety Act of 1966; (iii) such new vehicles will meet the applicable non- Federal and non-State fleet performance requirements of such fleets (including range, passenger or cargo-carrying capacity, reliability, refuehng capability, vehicle mix, and economical operation and maintenance); and (iv) establishment of a fleet requirement program b^ rule under this subsection will not result in unfair competitive advantages or disadvantages, or result in undue economic hardship, to the affected fleets. (2) The Secretary shall not promulgate a rule under this subsection if he is unable to make affirmative findings in the case of each of the subparagraphs under paragraph (1), and each of the clauses under siibparagraph (C) of paragraph (1). (3) If the Secretary does not determine that such program is necessary under this subsection, the provisions of subsection (e) shall apply to the consideration in the future of any fleet requirement program. The record of this rulemaking, including the Secretary findings, shall be incorporated into a rulemaking under that subsection. If the Secretary determines under this subsection that such program is necessary, the Secretary shall not initiate the later rulemaking under subsection (e). (c) ADVANCE NOTICE OF PROPOSED RULEMAKING.— Not later than April 1, 1998, the Secretary shall publish an advance notice of proposed rulemaking for the purpose of— (1) evaluating the progress toward achieving the goals of replacement fuel use described in section 502(b)(2), as modified under section 504; (2) identifying the problems associated with achieving those goals; (3) assessing the adequacy and practicability of those goals; and

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