Collapse to view only § 6392. Repealed.
- § 6391. Prohibited actions
- § 6392. Repealed.
- § 6393. Administrative procedure and judicial review
- § 6394. Prohibited acts
- § 6395. Enforcement
- § 6396. State laws or programs
- § 6397. Repealed.
- § 6398. Authorization of appropriations
- § 6399. Intrastate natural gas
- § 6400. Limitation on loan guarantees
- § 6401. Repealed.
§ 6391. Prohibited actions
(a) Unreasonable classifications and differentiations
(b) Unreasonably disproportionate share of burdens between segments of business community
(c) Authorities to which section applies
This section applies to actions under any of the following authorities:
(1) titles I and II of this Act (other than any provision of such titles which amends another law).
(2) this title.1
1 See References in Text note below.
(3) the Emergency Petroleum Allocation Act of 1973.1
(Pub. L. 94–163, title V, § 521, Dec. 22, 1975, 89 Stat. 960.)
§ 6392. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(8), Feb. 10, 1996, 110 Stat. 664
§ 6393. Administrative procedure and judicial review
(a)
(1) Subject to paragraphs (2), (3), and (4) of this subsection, the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule, regulation, or order having the applicability and effect of a rule as defined in section 551(4) of title 5 issued under title I (other than section 103 1
1 See References in Text note below.
thereof) and title II of this Act, or this title 1 (other than any provision of such titles which amends another law).(2)
(A) Notice of any proposed rule, regulation, or order described in paragraph (1) which is substantive and of general applicability shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum of 30 days following the date of such publication and prior to the effective date of the rule shall be provided for opportunity to comment; except that the 30-day period for opportunity to comment prior to the effective date of the rule may be—
(i) reduced to no less than 10 days if the President finds that strict compliance would seriously impair the operation of the program to which such rule, regulation, or order relates and such findings are set out in such rule, regulation, or order, or
(ii) waived entirely, if the President finds that such waiver is necessary to act expeditiously during an emergency affecting the national security of the United States.
(B) Public notice of any rule, regulation, or order which is substantive and of general applicability which is promulgated by officers of a State or political subdivision thereof or to State or local boards which have been delegated authority pursuant to title I or II of this Act or this title (other than any provision of such title) 2
2 So in original. The closing parenthesis probably should follow “another law”.
which amend 33 So in original. Probably should be “amends”.
another law shall, to the maximum extent practicable, be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of general circulation calculated to receive widest practicable notice.(3) In addition to the requirements of paragraph (2) and to the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation.
(4) Any officer or agency authorized to issue rules, regulations, or orders described in paragraph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, or an exception to or exemption from, such rules, regulations and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with subsection (b) or other applicable law when such denial becomes final. The officer or agency shall, by rule, establish appropriate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph.
(b) The procedures for judicial review established by section 211 of the Economic Stabilization Act of 1970 shall apply to proceedings to which subsection (a) applies, as if such proceedings took place under such Act. Such procedures for judicial review shall apply notwithstanding the expiration of the Economic Stabilization Act of 1970.
(c) Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) shall, upon written request of any person, which request is filed after any grant or denial of a request for exception or exemption from any such rule, regulation, or order, furnish such person, within 30 days after the date on which such request is filed, with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial.
(Pub. L. 94–163, title V, § 523, Dec. 22, 1975, 89 Stat. 962.)
§ 6394. Prohibited acts
It shall be unlawful for any person—
(1) to violate any provision of title I or title II of this Act or this title 1
1 See References in Text note below.
(other than any provision of such titles which amend 22 So in original. Probably should be “amends”.
another law),(2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act [42 U.S.C. 6363]; or
(3) to fail to comply with any provision prescribed in, or pursuant to, an energy conservation contingency plan which is in effect.
(Pub. L. 94–163, title V, § 524, Dec. 22, 1975, 89 Stat. 963.)
§ 6395. Enforcement
(a) Civil penalty
(b) Penalty for willful violation
(c) Penalty for violation after having been subjected to civil penalty for prior violation
(d) Injunction action by Attorney General
(e) Private right of action
(1) Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this chapter described in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages.
(2) The provisions of this chapter referred to in paragraph (1) are as follows:
(A) Section 6262 1
1 See References in Text note below.
of this title (relating to energy conservation plans).(B)Section 6271 of this title (relating to international oil allocation).
(C)Section 6272 of this title (relating to international voluntary agreements).
(D)Section 6273 of this title (relating to advisory committees).
(E)Section 6274 of this title (relating to international exchange of information).
(F)Section 6391 of this title (relating to prohibition on certain actions).
(Pub. L. 94–163, title V, § 525, Dec. 22, 1975, 89 Stat. 963.)
§ 6396. State laws or programs
No State law or State program in effect on December 22, 1975, or which may become effective thereafter, shall be superseded by any provision of title I or II of this Act (other than any provision of such title which amends another law) or any rule, regulation, or order thereunder, except insofar as such State law or State program is in conflict with such provision, rule, regulation, or order.
(Pub. L. 94–163, title V, § 526, Dec. 22, 1975, 89 Stat. 964.)
§ 6397. Repealed. Pub. L. 95–619, title VI, § 691(b)(1), Nov. 9, 1978, 92 Stat. 3288
§ 6398. Authorization of appropriations
Any authorization of appropriations in this Act, or in any amendment to any other law made by this Act, for the fiscal year 1976 shall be deemed to include an additional authorization of appropriations for the period beginning July 1, 1976, and ending September 30, 1976, in amounts which equal one-fourth of any amount authorized for fiscal year 1976, unless appropriations for the same purpose are specifically authorized in a law hereinafter enacted.
(Pub. L. 94–163, title V, § 528, Dec. 22, 1975, 89 Stat. 964.)
§ 6399. Intrastate natural gas
No provision of this chapter shall permit the imposition of any price controls on, or require any allocation of, natural gas not subject to the jurisdiction of the Secretary or the Federal Energy Regulatory Commission.
(Pub. L. 94–163, title V, § 529, Dec. 22, 1975, 89 Stat. 964; Pub. L. 95–91, title III, § 301(a), title IV, § 402, title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 583, 606, 607.)
§ 6400. Limitation on loan guarantees
Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.
(Pub. L. 94–163, title V, § 530, Dec. 22, 1975, 89 Stat. 964.)
§ 6401. Repealed. Pub. L. 99–58, title I, § 104(c)(3), July 2, 1985, 99 Stat. 105