Page:United States Statutes at Large Volume 106 Part 4.djvu/158

 106 STAT. 2894 PUBLIC LAW 102-486—OCT. 24, 1992 (4) 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, witii 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 notice. Federal (d) PROPOSED RuLE.—Before May 1, 1999, the Secretary shall wubli^tion publish in the Federal Register a proposed rule for the rule reqmred under subsection (g), and shall provide for a public comment period, with hearings, of not less than 90 days. (e) DETERMINATION. —(1) Not later than January 1, 2000, the Secretary shall, through the rule required under subsection (g), determine whether a fleet requirement program is necessary under this section. Such a 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; and (B) such goal is practicable and actually achievable within periods specified in section 502(b)(2), as modified under section 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. (2) The rule under subsection (b) or (g) shall also modify the goal described in section 502(b)(2)(B) and establish a revised goal piu^uant to section 504 if the Secretary determines, based on the proceeding required under subsection (a) or (c), that the goal in effect at the time of that proceeding is inadequate or impracticable, and not expected to be achievable. Such goal as modified and established shall be applicable in making the findings described in paragraph (1). If the Secretary modifies the goal under this paragraph, he may also modify the percentages stated in subsection (a)(1) or (g)(1) and the minimum percentage stated in subsection (a)(2) or (g)(2) shall be not less than 10 percent. (1) EXPLANATION OF DETERMINATION THAT FLEET REQUIREMENT PROGRAM IS NOT NECESSARY.— If the Secretary determines, based on findings under subsection (b) or (e), that a fleet requirement program under this section is not necessary, the Secretary shall— (1) by December 15, 1996, with respect to a rulemaking under subsection (b); and (2) by January 1, 2000, with respect to a rulemaking under subsection (e), publish such determination in the Federal Register as a final agency action, including an explanation of the findings on which such determination is made and the basis for the determination. (g) FLEET REQUIREMENT PROGRAM.—(1) If the Secretary determines under subsection (e) that a fleet requirement program is necessary, the Secretary shall, by January 1, 2000, by rule require that, except as provided in paragraph (2), of the total number of new light duty motor vehicles acquired for a fleet, other than

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