
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: 42USC6393]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                       Part B--General Provisions
 
Sec. 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 subchapter I 
of this chapter (other than section 6212 of this title) and subchapter 
II of this chapter, or this subchapter.
    (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 subchapter 
I or II of this chapter or this subchapter 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 chapter 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) of this section 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) of this section 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) of this section 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, Sec. 523, Dec. 22, 1975, 89 Stat. 962.)

                       References in Text

    This chapter, referred to in subsec. (a)(4), was in the original 
``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as 
amended, known as the Energy Policy and Conservation Act. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6201 of this title and Tables.
    The Economic Stabilization Act of 1970, referred to in subsec. (b), 
is title II of Pub. L. 91-379, Aug. 15, 1970, 84 Stat. 799, as amended, 
formerly set out as an Economic Stabilization Provisions note under 
section 1904 of Title 12, Banks and Banking.

                          Codification

    Words ``(other than any provision of such titles which amends 
another law)'', appearing in the original at the end of subsec. (a), 
have been omitted as unnecessary. Such titles meant titles I, II, and V 
of Pub. L. 94-163, which titles are classified to subchapters I, II, and 
V of this chapter. The provisions of such titles that amended other laws 
were not classified to subchapters I, II, and V of this chapter.

                  Section Referred to in Other Sections

    This section is referred to in sections 6239, 6241 of this title; 
title 15 section 2841; title 28 section 1295.
