Page:United States Statutes at Large Volume 84 Part 2.djvu/372

 1702

Substitute specifications.

Criteria.

Effective period. Application.

P u b l i c a t i o n in Federal R e g i s t e r.

Investigation and inspection.

Comments, evaluation.

P u b l i c a t i o n in Federal Register.

Acquisition by Federal government.

Premium r a i s e.

PUBLIC LAW 91-604-DEC. 31, 1970

[84

STAT.

" (C) which it determines is suitable for use as a substitute for a class or model of vehicles at that time in use by agencies of the Federal Government. The Board shall specify with particularity the class or model of vehicles for which the class or model of vehicles described in the application is a suitable substitute. In making the determination under this subsection the Board shall consider the following criteria: "(i) the safety of the vehicle; "(ii) its performance characteristics; "(iii) its reliability potential; " (iv) its serviceability; "(v) its fuel availability; "(vi) its noise level; and " (vii) its maintenance costs as compared with the class or model of motor vehicle for which it may be a suitable substitute. "(2) Certification under this section shall be effective for a period of one year from the date of issuance. "(3)(A) Any party seeking to have a class or model of vehicle certified under this section shall file a certification application in accordance with regulations prescribed by the Board. " (B) The Board shall publish a notice of each application received in the Federal Register. " (C) The Administrator and the Board shall make determinations for the purpose of this section in accordance with procedures prescribed by regulation by the Administrator and the Board, respectively. " (D) The Administrator and the Board shall conduct whatever investigation is necessary, including actual inspection of the vehicle at a place designated in regulations prescribed under subparagraph " (E) The Board shall receive and evaluate written comments and documents from interested parties in support of, or in opposition to, certification of the class or model of vehicle under consideration. " (F) Within 90 days after the receipt of a properly filed certification application, the Administrator shall determine whether such class or model of vehicle is a low-emission vehicle, and within 180 days of such determination, the Board shall reach a decision by majority vote as to whether such class or model of vehicle, having been determined to be a low-emission vehicle, is a suitable substitute for any class or classes of vehicles presently being purchased by the Federal Government for use by its agencies. " (G) Immediately upon making any determination or decision under subparagraph (F), the Administrator and the Board shall each publish in the Federal Register notice of such determination or decision, including reasons therefor and in the case of the Board any dissenting views. " (e)(1) Certified low-emission vehicles shall be acquired by purchase or lease by the Federal Government for use by the Federal Government in lieu of other vehicles if the Administrator of General Services determines that such certified vehicles have procurement costs which are no more than 150 per centum of the retail price of the least expensive class or model of motor vehicle for which they are certified substitutes. " (2) I n order to encourage development of inherently low-polluting propulsion technology, the Board may, at its discretion, raise the premium set forth in paragraph (1) of this subsection to 200 per centum of the retail price of any class or model of motor vehicle for which a certified low-emission vehicle is a certified substitute, if the Board determines that the certified low-emission vehicle is powered by an inherently low-polluting propulsion system.

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