Page:United States Statutes at Large Volume 119.djvu/1212

 119 STAT. 1194

Deadline.

Regulations.

Guidelines.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

the facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways. ‘‘(B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section. ‘‘(C) Limiting or discontinuing the use of the facility by the vehicles if the presence of the vehicles has degraded the operation of the facility. ‘‘(2) DEGRADED FACILITY.— ‘‘(A) DEFINITION OF MINIMUM AVERAGE OPERATING SPEED.—In this paragraph, the term ‘minimum average operating speed’ means— ‘‘(i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and ‘‘(ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour. FOR DETERMINING DEGRADED ‘‘(B) STANDARD FACILITY.—For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both). ‘‘(C) MANAGEMENT OF LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—In managing the use of HOV lanes by low emission and energy-efficient vehicles that do not meet applicable occupancy requirements, a State agency may increase the percentages described in subsection (f)(3)(B)(i). ‘‘(e) CERTIFICATION OF LOW EMISSION AND ENERGY-EFFICIENT VEHICLES.—Not later than 180 days after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall— ‘‘(1) issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for purposes of this section and requirements for the labeling of the vehicles; and ‘‘(2) establish guidelines and procedures for making the vehicle comparisons and performance calculations described in subsection (f)(3)(B), in accordance with section 32908(b) of title 49. ‘‘(f) DEFINITIONS.—In this section, the following definitions apply: ‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term ‘alternative fuel vehicle’ means a vehicle that is operating on— ‘‘(A) methanol, denatured ethanol, or other alcohols; ‘‘(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; ‘‘(C) natural gas; ‘‘(D) liquefied petroleum gas; ‘‘(E) hydrogen; ‘‘(F) coal derived liquid fuels;

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