89 STAT. 904
Definitions.
PUBLIC LAW 94-163—DEC. 22, 1975 f acturers which receive exemptions under this subsection. Such standards may be established for an individual manufacturer, for all automobiles to which this subsection applies, or for such classes of such automobiles as the Secretary may define by rule. Each such standard shall be set at a level which the Secretary determines is the maximum feasible average fuel economy level for the manufacturers to which the standard applies. An exemption under this subsection shall apply to a model year only if the manufacturer manfactures (whether or not in the United States) fewer than 10,000 passenger automobiles in such model year. "(d)(1) Any manufacturer may apply to the Secretary for modification of an average fuel economy standard applicable under subsection (a) to such manufacturer for model year 1978, 1979, or 1980. Such application shall contain such information as the Secretary may require by rule, and shall be submitted to the Secretary within 24 months before the beginning of the model year for which such modification is requested. "(2)(A) If a manufacturer demonstrates and the Secretary finds that— "(i) a Federal standards fuel economy reduction is likely to exist for such manufacturer for the model year to which the application relates, and "(ii) such manufacturer applied a reasonably selected technology, the Secretary shall, by rule, reduce the average fuel economy standard applicable under subsection (a) to such manufacturer by the amount of such manufacturer's Federal standards fuel economy reduction, rounded off to the nearest one-tenth mile per gallon (in accordance with rules of the Secretary). To the maximum extent practicable, prior to making a finding under this paragraph with respect to an application, the Secretary shall request, and the E P A Administrator shall supply, test results collected pursuant to section 503(d) of this Act for all automobiles covered by such application. "(B)(i) If the Secretary does not find that a Federal standards fuel economy reduction is likely to exist for a manufacturer who filed an application under paragraph (1), he shall deny the application of such manufacturer. " (ii) If the Secretary— " (I) finds that a Federal standards fuel economy reduction is likely to exist for a manufacturer who filed an application under paragraph (1),and " ( II) does not find that svich manufacturer applied a reasonably selected technology, the average fuel economy standard applicable under subsection (a) to such manufacturer shall, by rule, be reduced by an amount equal to the Federal standards fuel economy reduction which the Secretary finds would have resulted from the application of a reasonably selected technology. "(3) For purposes of this subsection: "(A) The term 'reasonably selected technology' means a technology which the Secretary determines it was reasonable for a manufacturer to select, considering (i) the Nation's need to improve the fuel economy of its automobiles, and (ii) the energy savings, economic costs, and lead-time requirements associated with alternative technologies practicably available to such manufacturer.
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