; (ii) during the second calendar year after the effective date, for more than 225 days; and (iii) during the third calendar year, for more than 180 calendar days. (B) Implementation When the authority is activated, the Secretary shall implement the authority within 24 hours of such activation. (5) Suspensions of authority The Secretary shall suspend activation of the border emergency authority, and the procedures under subsections (a), (b), (c), and (d), not later than 14 calendar days after the date on which the following occurs, as applicable: (A) In the case of an activation under subparagraph (A) of paragraph (3), there is during a period of 7 consecutive calendar days an average of less than 75 percent of the encounter level used for activation. (B) In the case of an activation under clause (i) or (ii) of paragraph (3)(B), there is during a period of 7 consecutive calendar days an average of less than 75 percent of the encounter level described in such clause (i). (6) Waivers of activation of authority (A) First calendar year Notwithstanding paragraph (3), beginning the first calendar year after the effective date, the Secretary shall only have the authority to activate the border emergency authority for 270 calendar days during the calendar year, provided that— (i) for the first 90 calendar days in which any of the requirements of paragraph (3) have been satisfied, the Secretary shall be required to activate such authority; (ii) for the remaining 180 days that the authority is available in the calendar year, the Secretary may, in the sole, unreviewable, and exclusive discretion of the Secretary, determine whether to activate the requirements of the border emergency authority under paragraph (3)(B) until the number of days that the authority has not been activated is equal to the number of days left in the calendar year