Page:United States Statutes at Large Volume 94 Part 2.djvu/548

 94 STAT. 1826

15 USC 2004. 15 USC 2001, 2003, 2006.

15 USC 2002.

PUBLIC LAW 96-425—OCT. 10, 1980

person is located. The United States court of appeals involved shall have jurisdiction to review such decision in accordance with section 706(2)(A) through (D) of title 5, United States Code, and to affirm, remand, or set aside the decision of the Secretary. Except as otherwise provided in this subparagraph, section 504(c) and (d) shall apply to such review to the same extent and manner as it applies with respect to review of any rule prescribed under this section or section 501,503, or 506. "(g) rjij^g availability of any adjustment or other relief under this subsection shall not be taken into account in prescribing standards under subsection QD).". SEC. 6 DETERMINATIONS OF UNLAWFUL CONDUCT; 3-YEAR CARRYFOR. WARD AND CARRYBACK. (a) UNLAWFUL CONDUCT.—Section 507 of such Act (15 U.S.C. 2007) is amended— (1) by striking out "The" and inserting in lieu thereof "(a) Subject to subsection (b), the"; and (2) by adding at the end thereof the following new subsection: "(b) A manufacturer shall not be considered to have engaged in unlawful conduct, or to have failed to comply with any fuel economy standard applicable to such manufacturer under section 502, if the average fuel economy of such manufacturer, after taking into account the credits then available to the manufacturer under section 502(1), would result in the applicable standard being met or exceeded.". Ob) 3-YEAR CARRYFORWARD AND CARRYBACK OF CREDITS.—Section

502 of such Act (15 U.S.C. 2002), as amended by this Act, is further amended by adding at the end thereof the following new subsection: "(1)(1)(A) For purposes of this part, credits under this subsection shall be considered to be available to any manufacturer upon the completion of the model year in which such credits are earned under subparagraph (B) unless under subparagraph (C) the credits are made available for use at a time prior to the model year in which earned. "(B) Whenever the average fuel economy of the passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable average fuel economy standard established under subsection (a) or (c) (determined by the Secretary without regard to any adjustment under subsection (d) or any credit under this subsection), such manufacturer shall be entitled to a credit, calculated under subparagraph (C), which— "(i) shall be available to be taken into account with respect to the average fuel economy of that manufacturer for any of the three consecutive model years immediately prior to the model year in which such manufacturer exceeds such applicable average fuel economy standard, and "(ii) to the extent that such credit is not so taken into account pursuant to clause (i), shall be available to be taken into account with respect to the average fuel economy of that manufacturer for any of the three consecutive model years immediately following the model year in which such manufacturer exceeds such applicable average fuel economy standard. Manufacturer's "(C)(i) At any time prior to the end of any model year, a manufacplan, submittal, turer which has reason to believe that its average fuel economy for passenger automobiles will be below such applicable standard for that model year may submit a plan demonstrating that such manufacturer will earn sufficient credits under subparagraph (B) within

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