42 U.S.C. § 13254: Modification of goals…

Summary

The Secretary must review the specific program goals within 3 years after October 24, 1992, and then on a regular basis. The review must compare those goals to the overall program aims, be published in the Federal Register, and allow the public to comment. If the Secretary finds the goals, percentage targets, or dates are not achievable after looking at the facts and technical and economic feasibility, the Secretary must work with other federal agencies and make new achievable goals by rule, including changing target dates. If meeting the goals would cause a big but fixable problem for the program, the Secretary must issue extra rules to fix it. The Secretary cannot force makers to build specific alternative-fuel vehicles, set which models or types to sell, or require marketing, pricing, production, or delivery practices for vehicles or fuels.

Title 42, §13254

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(a)Examination of goals

Within 3 years after October 24, 1992, and periodically thereafter, the Secretary shall examine the goals established under section 13252(b)(2) of this title, in the context of the program goals stated under section 13252(a) of this title, to determine if the goals under section 13252(b)(2) of this title, including the applicable percentage requirements and dates, should be modified under this section. The Secretary shall publish in the Federal Register the results of each examination under this subsection and provide an opportunity for public comment.

(b)Modification of goals

If, after analysis of information obtained in connection with carrying out subsection (a) or section 13252 of this title, or other information, and taking into account the determination of technical and economic feasibility made under section 13252(b)(2) of this title, the Secretary determines that goals described in section 13252(b)(2) of this title, including the percentage requirements or dates, are not achievable, the Secretary, in consultation with appropriate Federal agencies, shall, by rule, establish goals that are achievable, for purposes of this subchapter. The modification of goals under this section may include changing the target dates specified in section 13252(b)(2) of this title.

(c)Additional rulemaking authority

If the Secretary determines that the achievement of goals described in section 13252(b)(2) of this title would result in a significant and correctable failure to meet the program goals described in section 13252(a) of this title, the Secretary shall issue such additional regulations as are necessary to remedy such failure. The Secretary shall have no authority under this Act to mandate the production of alternative fueled vehicles or to specify, as applicable, the models, lines, or types of, or marketing or pricing practices, policies, or strategies for, vehicles subject to this Act. Nothing in this Act shall be construed to give the Secretary authority to mandate marketing or pricing practices, policies, or strategies for alternative fuels or to mandate the production or delivery of such fuels.

Editorial Notes

References in Text

This Act, referred to in subsec. (c), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see

Short Title

note set out under section 13201 of this title and Tables.

§13254 Modification of Goals; Additional Rulemaking Authority

Summary

Title 42, §13254

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

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