
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13254]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
 SUBCHAPTER III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE 
             FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES
 
Sec. 13254. Modification of goals; additional rulemaking 
        authority
        

(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) of this section 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.

(Pub. L. 102-486, title V, Sec. 504, Oct. 24, 1992, 106 Stat. 2890.)

                       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.

                  Section Referred to in Other Sections

    This section is referred to in sections 13255, 13256, 13257 of this 
title.
