
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: 42USC6306]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6306. Administrative procedure and judicial review


(a) Procedure for prescription of rules

    (1) In addition to the requirements of section 553 of title 5, rules 
prescribed under section 6293, 6294, 6295, 6297, or 6298 of this title 
shall afford interested persons an opportunity to present written and 
oral data, views, and arguments with respect to any proposed rule.
    (2) In the case of a rule prescribed under section 6295 of this 
title, the Secretary shall, by means of conferences or other informal 
procedures, afford any interested person an opportunity to question--
        (A) other interested persons who have made oral presentations; 
    and
        (B) employees of the United States who have made written or oral 
    presentations with respect to disputed issues of material fact.

Such opportunity shall be afforded to the extent the Secretary 
determines that questioning pursuant to such procedures is likely to 
result in a more timely and effective resolution of such issues.
    (3) A transcript shall be kept of any oral presentations made under 
this subsection.

(b) Petition by persons adversely affected by rules; effect on other 
        laws

    (1) Any person who will be adversely affected by a rule prescribed 
under section 6293, 6294, or 6295 of this title may, at any time within 
60 days after the date on which such rule is prescribed, file a petition 
with the United States court of appeals for the circuit in which such 
person resides or has his principal place of business, for judicial 
review of such rule. A copy of the petition shall be transmitted by the 
clerk of the court to the agency which prescribed the rule. Such agency 
shall file in the court the written submissions to, and transcript of, 
the proceedings on which the rule was based, as provided in section 2112 
of title 28.
    (2) Upon the filing of the petition referred to in paragraph (1), 
the court shall have jurisdiction to review the rule in accordance with 
chapter 7 of title 5 and to grant appropriate relief as provided in such 
chapter. No rule under section 6293, 6294, or 6295 of this title may be 
affirmed unless supported by substantial evidence.
    (3) The judgment of the court affirming or setting aside, in whole 
or in part, any such rule shall be final, subject to review by the 
Supreme Court of the United States upon certiorari or certification as 
provided in section 1254 of title 28.
    (4) The remedies provided for in this subsection shall be in 
addition to, and not in substitution for, any other remedies provided by 
law.
    (5) The procedures applicable under this part shall not--
        (A) be considered to be modified or affected by any other 
    provision of law unless such other provision specifically amends 
    this part (or provisions of law cited herein); or
        (B) be considered to be superseded by any other provision of law 
    unless such other provision does so in specific terms by referring 
    to this part and declaring that such provision supersedes, in whole 
    or in part, the procedures of this part.

(c) Jurisdiction

    Jurisdiction is vested in the Federal district courts of the United 
States over actions brought by--
        (1) any adversely affected person to determine whether a State 
    or local government is complying with the requirements of this part; 
    and
        (2) any person who files a petition under section 6295(n) of 
    this title which is denied by the Secretary.

(Pub. L. 94-163, title III, Sec. 336, Dec. 22, 1975, 89 Stat. 930; Pub. 
L. 95-619, title IV, Secs. 425(g), 427, title VI, Sec. 691(b)(2), Nov. 
9, 1978, 92 Stat. 3266, 3267, 3288; Pub. L. 100-12, Sec. 9, Mar. 17, 
1987, 101 Stat. 123; Pub. L. 105-388, Sec. 5(a)(6), Nov. 13, 1998, 112 
Stat. 3478.)


                               Amendments

    1998--Subsec. (c)(2). Pub. L. 105-388 substituted ``section 
6295(n)'' for ``section 6295(k)''.
    1987--Subsec. (a). Pub. L. 100-12 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``Rules under sections 
6293, 6294, 6295(a), 6297(b), or 6298 of this title shall be prescribed 
in accordance with section 553 of title 5, except that--
        ``(1) interested persons shall be afforded an opportunity to 
    present written and oral data, views, and arguments with respect to 
    any proposed rule, and
        ``(2) in the case of a rule under section 6295(a) of this title, 
    the Secretary shall, by means of conferences or other informal 
    procedures, afford any interested person an opportunity to 
    question--
            ``(A) other interested persons who have made oral 
        presentations under paragraph (1), and
            ``(B) employees of the United States who have made written 
        or oral presentations,
    with respect to disputed issues of material fact. Such opportunity 
    shall be afforded to the extent the Secretary determines that 
    questioning pursuant to such procedures is likely to result in a 
    more timely and effective resolution of such issues.
A transcript shall be kept of any oral presentations made under this 
subsection.''
    Subsec. (b). Pub. L. 100-12 amended subsec. (b) generally. Prior to 
amendment, subsec. (b) read as follows:
    ``(1) Any person who will be adversely affected by a rule prescribed 
under section 6293, 6294, or 6295 of this title when it is effective 
may, at any time prior to the sixtieth day after the date such rule is 
prescribed, file a petition with the United States court of appeals for 
the circuit wherein such person resides or has his principal place of 
business, for a judicial review thereof. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the agency which 
prescribed the rule. Such agency thereupon shall file in the court the 
written submissions to, and transcript of, the proceedings on which the 
rule was based as provided in section 2112 of title 28.
    ``(2) Upon the filing of the petition referred to in paragraph (1), 
the court shall have jurisdiction to review the rule in accordance with 
chapter 7 of title 5 and to grant appropriate relief as provided in such 
chapter. No rule under section 6293, 6294, or 6295 of this title may be 
affirmed unless supported by substantial evidence.
    ``(3) The judgment of the court affirming or setting aside, in whole 
or in part, any such rule shall be final, subject to review by the 
Supreme Court of the United States upon certiorari or certification as 
provided in section 1254 of title 28.
    ``(4) The remedies provided for in this subsection shall be in 
addition to, and not in substitution for, any other remedies provided by 
law.''
    Subsec. (c). Pub. L. 100-12 amended subsec. (c) generally. Prior to 
amendment, subsec. (c) read as follows:
    ``(1) Titles IV and V of the Department of Energy Organization Act 
shall not apply with respect to the procedures under this part.
    ``(2) The procedures applicable under this part shall not--
        ``(A) be considered to be modified or affected by any other 
    provision of law unless such other provision specifically amends 
    this part (or provisions of law cited herein), or
        ``(B) be considered to be superseded by any other provision of 
    law unless such other provision does so in specific terms, referring 
    to this part, and declaring that such provision supersedes, in whole 
    or in part, the procedures of this part.''
    1978--Subsec. (a). Pub. L. 95-619, Secs. 425(g)(1)-(3), 691(b)(2), 
struck out par. designation ``(1)'' before ``Rules'' and substituted 
reference to section ``6295(a)'' for ``6295(a)(1), (2), or (3)'' in 
first sentence; redesignated subpars. (A) and (B) and cls. (i) and (ii) 
of subpar. (B) as pars. (1) and (2) and subpars. (A) and (B) of par. 
(2), respectively; struck out ``paragraph (1), (2), or (3) of'' before 
``section 6295(a)'' in par. (2) as so redesignated; directed the 
substitution of ``paragraph (1)'' for ``subparagraph (A)'' in par. 
(2)(B) as so redesignated, which was executed to par. (2)(A) as so 
redesignated to reflect the probable intent of Congress; substituted 
``subsection'' for ``paragraph'' in last sentence; and substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration, wherever appearing.
    Par. (2), which provided that subsecs. (c) and (d) of section 57a of 
title 15 shall apply to rules under section 6295 of this title (other 
than subsecs. (a)(1), (2), and (3)) to the same extent that such 
subsecs. apply to rules under section 57a(a)(1)(B) of title 15, was 
struck out to reflect the probable intent of Congress in view of the 
amendment by Pub. L. 95-619, Sec. 425(g)(1), which struck out 
designation ``(1)'' after subsection (a) designation, and in view of the 
amendment by Pub. L. 95-619, Sec. 422, to section 6295(a) of this title, 
which struck out pars. (3) to (5) therefrom.
    Subsec. (b). Pub. L. 95-619, Sec. 425(g)(4), (5), substituted 
``section 6293, 6294, or 6295'' for ``section 6293 or 6294'' in pars. 
(1) and (2) and struck out former par. (5) which related to the 
application of section 57a(e) of title 15 to rules under section 6295 of 
this title.
    Subsec. (c). Pub. L. 95-619, Sec. 427, added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in sections 6295, 6316 of this title.
