108 STAT. 1062 PUBLIC LAW 103-272—JULY 5, 1994 Notice. Notice. (i) the Secretary approves the plan; and (ii) the manufacturer earns those credits as provided by the plan. (B) If the average fuel economy of a manufacturer is less than the applicable standard under section 32902(b)-(d) of this title after applying credits under subsection (a)(1) of this section, the Secretary of Transportation shall notify the manufacturer and give the manufacturer a reasonable time (of at least 60 days) to submit a plan. (c) DETERMINING NUMBER OF CREDITS.— The number of credits a manufacturer earns under this section equals the product of^ (1) the number of tenths of a mile a gallon by which the average fuel economy of the passenger automobiles manufactured by the manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard under section 32902(b)-(d) of this title; times (2) the number of passenger automobiles manufactured by the manufacturer during that model year. (d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Secretary of Transportation shall apply credits to a model year on the basis of the number of tenths of a mile a gallon by which the manufacturer involved was below the applicable average fuel economy standard for that model year and the number of passenger automobiles manufactured that model year by the manufacturer. Credits applied to a model year are no longer available for another model year. Before applying credits, the Secretary shall give the manufacturer written notice and reasonable opportunity to comment. (e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.— Credits for a manufacturer of automobiles that are not passenger automobiles are earned and applied to a model year in which the average fuel economy of that class of automobiles is below the applicable average fuel economy standard under section 32902(a) of this title, to the same extent and in the same way as provided in this section for passenger automobiles. (f) REFUND OF COLLECTED PENALTY.— When a civil penalty has been collected under this chapter from a manufacturer that has earned credits under this section, the Secretary of the Treasury shall refund to the manufacturer the amount of the penalty to the extent the penalty is attributable to credits available under this section. §32904. Calculation of average fuel economy (a) METHOD OF CALCULATION.— (1) The Administrator of the Environmental Protection Agency shall calculate the average fuel economy of a manufacturer subject to— (A) section 32902(a) of this title in a way prescribed by the Administrator; and (B) section 32902(b)-(d) of this title by dividing— (i) the number of passenger automobiles manufactured by the manufacturer in a model year; by (ii) the sum of the fractions obtained by dividing the number of passenger automobiles of each model manufactured by the manufacturer in that model year by the fuel economy measured for that model.
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