
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6391]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                       Part B--General Provisions
 
Sec. 6391. Prohibited actions


(a) Unreasonable classifications and differentiations

    Action taken under the authorities to which this section applies, 
resulting in the allocation of petroleum products or electrical energy 
among classes of users or resulting in restrictions on use of petroleum 
products and electrical energy shall not be based upon unreasonable 
classifications of, or unreasonable differentiations between, classes of 
users. In making any such allocation the President, or any agency of the 
United States to which such authority is delegated, shall give 
consideration to the need to foster reciprocal and nondiscriminatory 
treatment by foreign countries of United States citizens engaged in 
commerce in those countries.

(b) Unreasonably disproportionate share of burdens between segments of 
        business community

    To the maximum extent practicable, any restriction under authorities 
to which this section applies on the use of energy shall be designed to 
be carried out in such manner so as to be fair and to create a 
reasonable distribution of the burden of such restriction on all sectors 
of the economy, without imposing an unreasonably disproportionate share 
of such burden on any specific class of industry, business, or 
commercial enterprise, or on any individual segment thereof. In 
prescribing any such restriction, due consideration shall be given to 
the needs of commercial, retail, and service establishments whose normal 
function is to supply goods or services of an essential convenience 
nature during times of day other than conventional daytime working 
hours.

(c) Authorities to which section applies

    This section applies to actions under any of the following 
authorities:
        (1) subchapters I and II of this chapter.
        (2) this subchapter.
        (3) the Emergency Petroleum Allocation Act of 1973 \1\ [15 
    U.S.C. 751 et seq.].
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    \1\ See References in Text note below.
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(Pub. L. 94-163, title V, Sec. 521, Dec. 22, 1975, 89 Stat. 960.)

                       References in Text

    The Emergency Petroleum Allocation Act of 1973, referred to in 
subsec. (c)(3), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as 
amended, which was classified generally to chapter 16A (Sec. 751 et 
seq.) of Title 15, Commerce and Trade, and was omitted from the Code 
pursuant to section 760g of Title 15, which provided for the expiration 
of the President's authority under that chapter on Sept. 30, 1981.

                  Section Referred to in Other Sections

    This section is referred to in section 6395 of this title.
