
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: 42USC7191]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
       SUBCHAPTER V--ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
 
Sec. 7191. Procedures for issuance of rules, regulations, or 
        orders
        

(a) Applicability of subchapter II of chapter 5 of title 5

    (1) Subject to the other requirements of this subchapter, the 
provisions of subchapter II of chapter 5 of title 5 shall apply in 
accordance with its terms to any rule or regulation, or any order having 
the applicability and effect of a rule (as defined in section 551(4) of 
title 5), issued pursuant to authority vested by law in, or transferred 
or delegated to, the Secretary, or required by this chapter or any other 
Act to be carried out by any other officer, employee, or component of 
the Department, other than the Commission, including any such rule, 
regulation, or order of a State, or local government agency or officer 
thereof, issued pursuant to authority delegated by the Secretary in 
accordance with this subchapter. If any provision of any Act, the 
functions of which are transferred, vested, or delegated pursuant to 
this chapter, provides administrative procedure requirements in addition 
to the requirements provided in this subchapter, such additional 
requirements shall also apply to actions under that provision.
    (2) Notwithstanding paragraph (1), this subchapter shall apply to 
the Commission to the same extent this subchapter applies to the 
Secretary in the exercise of any of the Commission's functions under 
section 7172(c)(1) of this title or which the Secretary has assigned 
under section 7172(e) of this title.

(b) Substantial issue of fact or law or likelihood of substantial impact 
        on Nation's economy, etc.; oral presentation

    (1) If the Secretary determines, on his own initiative or in 
response to any showing made pursuant to paragraph (2) (with respect to 
a proposed rule, regulation, or order described in subsection (a) of 
this section) that no substantial issue of fact or law exists and that 
such rule, regulation, or order is unlikely to have a substantial impact 
on the Nation's economy or large numbers of individuals or businesses, 
such proposed rule, regulation, or order may be promulgated in 
accordance with section 553 of title 5. If the Secretary determines that 
a substantial issue of fact or law exists or that such rule, regulation, 
or order is likely to have a substantial impact on the Nation's economy 
or large numbers of individuals or businesses, an opportunity for oral 
presentation of views, data, and arguments shall be provided.
    (2) Any person, who would be adversely affected by the 
implementation of any proposed rule, regulation, or order who desires an 
opportunity for oral presentation of views, data, and arguments, may 
submit material supporting the existence of such substantial issues or 
such impact.
    (3) A transcript shall be kept of any oral presentation with respect 
to a rule, regulation, or order described in subsection (a) of this 
section.

(c) Waiver of requirements

    The requirements of subsection (b) of this section may be waived 
where strict compliance is found by the Secretary to be likely to cause 
serious harm or injury to the public health, safety, or welfare, and 
such finding is set out in detail in such rule, regulation, or order. In 
the event the requirements of this section are waived, the requirements 
shall be satisfied within a reasonable period of time subsequent to the 
promulgation of such rule, regulation, or order.

(d) Effects confined to single unit of local government, geographic area 
        within State, or State; hearing or oral presentation

    (1) With respect to any rule, regulation, or order described in 
subsection (a) of this section, the effects of which, except for 
indirect effects of an inconsequential nature, are confined to--
        (A) a single unit of local government or the residents thereof;
        (B) a single geographic area within a State or the residents 
    thereof; or
        (C) a single State or the residents thereof;

the Secretary shall, in any case where appropriate, afford an 
opportunity for a hearing or the oral presentation of views, and provide 
procedures for the holding of such hearing or oral presentation within 
the boundaries of the unit of local government, geographic area, or 
State described in paragraphs (A) through (C) of this paragraph as the 
case may be.
    (2) For the purposes of this subsection--
        (A) the term ``unit of local government'' means a county, 
    municipality, town, township, village, or other unit of general 
    government below the State level; and
        (B) the term ``geographic area within a State'' means a special 
    purpose district or other region recognized for governmental 
    purposes within such State which is not a unit of local government.

    (3) Nothing in this subsection shall be construed as requiring a 
hearing or an oral presentation of views where none is required by this 
section or other provision of law.

(e) Prescription of procedures for State and local government agencies

    Where authorized by any law vested, transferred, or delegated 
pursuant to this chapter, the Secretary may, by rule, prescribe 
procedures for State or local government agencies authorized by the 
Secretary to carry out such functions as may be permitted under 
applicable law. Such procedures shall apply to such agencies in lieu of 
this section, and shall require that prior to taking any action, such 
agencies shall take steps reasonably calculated to provide notice to 
persons who may be affected by the action, and shall afford an 
opportunity for presentation of views (including oral presentation of 
views where practicable) within a reasonable time before taking the 
action.

(Pub. L. 95-91, title V, Sec. 501, Aug. 4, 1977, 91 Stat. 587; Pub. L. 
105-28, Sec. 2(a), July 18, 1997, 111 Stat. 245.)


                               Amendments

    1997--Subsec. (b). Pub. L. 105-28, Sec. 2(a)(1), (2), redesignated 
subsec. (c) as (b) and struck out former subsec. (b) which read as 
follows:
    ``(1) In addition to the requirements of subsection (a) of this 
section, notice of any proposed rule, regulation, or order described in 
subsection (a) of this section shall be given by publication of such 
proposed rule, regulation, or order in the Federal Register. Such 
publication shall be accompanied by a statement of the research, 
analysis, and other available information in support of, the need for, 
and the probable effect of, any such proposed rule, regulation, or 
order. Other effective means of publicity shall be utilized as may be 
reasonably calculated to notify concerned or affected persons of the 
nature and probable effect of any such proposed rule, regulation, or 
order. In each case, a minimum of thirty days following such publication 
shall be provided for an opportunity to comment prior to promulgation of 
any such rule, regulation, or order.
    ``(2) Public notice of all rules, regulations, or orders described 
in subsection (a) of this section which are promulgated by officers of a 
State or local government agency pursuant to a delegation under this 
chapter shall be provided by publication of such proposed rules, 
regulations, or orders in at least two newspapers of statewide 
circulation. If such publication is not practicable, notice of any such 
rule, regulation, or order shall be given by such other means as the 
officer promulgating such rule, regulation, or order determines will 
reasonably assure wide public notice.
    ``(3) For the purposes of this subchapter, the exception from the 
requirements of section 553 of title 5 provided by subsection (a)(2) of 
such section with respect to public property, loans, grants, or 
contracts shall not be available.''
    Subsec. (c). Pub. L. 105-28, Sec. 2(a)(2), (3), redesignated subsec. 
(e) as (c) and substituted ``subsection (b)'' for ``subsections (b), 
(c), and (d)''. Former subsec. (c) redesignated (b).
    Subsec. (d). Pub. L. 105-28, Sec. 2(a)(1), (2), redesignated subsec. 
(f) as (d) and struck out former subsec. (d) which read as follows: 
``Following the notice and comment period, including any oral 
presentation required by this subsection, the Secretary may promulgate a 
rule if the rule is accompanied by an explanation responding to the 
major comments, criticisms, and alternatives offered during the comment 
period.''
    Subsecs. (e) to (g). Pub. L. 105-28, Sec. 2(a)(2), redesignated 
subsecs. (e) to (g) as (c) to (e), respectively.

                  Section Referred to in Other Sections

    This section is referred to in sections 6239, 7193, 7194, 8513, 9204 
of this title.
