§ 766. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC766]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16B--FEDERAL ENERGY ADMINISTRATION
SUBCHAPTER I--FEDERAL ENERGY ADMINISTRATION
Sec. 766. Administrative provisions
(a) Rules, regulations, and procedures; Environmental Protection Agency,
notification; quality of environment, publication of comments;
emergency preclusion of review by Environmental Protection
Agency
The Administrator may promulgate such rules, regulations, and
procedures as may be necessary to carry out the functions vested in him:
Provided, That:
(1) The Administrator shall, before promulgating proposed rules,
regulations, or policies affecting the quality of the environment,
provide a period of not less than five working days during which the
Administrator of the Environmental Protection Agency may provide
written comments concerning the impact of such rules, regulations,
or policies on the quality of the environment. Such comments shall
be published together with publication of notice of the proposed
action.
(2) The review required by paragraph (1) of this subsection may
be waived for a period of fourteen days if there is an emergency
situation which, in the judgment of the Administrator, requires
making effective the action proposed to be taken at a date earlier
than would permit the Administrator of the Environmental Protection
Agency the five working days opportunity for prior comment required
by paragraph (1). Notice of any such waiver shall be given to the
Administrator of the Environmental Protection Agency and filed with
the Federal Register with the publication of notice of proposed or
final agency action and shall include an explanation of the reasons
for such waiver, together with supporting data and a description of
the factual situation in such detail as the Administrator determines
will apprise such agency and the public of the reasons for such
waiver.
The review required by paragraphs (1) and (2) of this subsection may be
waived for a period of fourteen days if there is an emergency situation
which, in the judgment of the Administrator, requires immediate action.
(b) Adjustments; procedures respecting application and operation;
judicial review
Any officer or agency authorized to issue any rule or regulation, or
any order having the applicability and effect of a rule as defined in
section 551(4) of title 5, pursuant to this chapter 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 unfair distribution of burdens and shall, by rule, establish
procedures which are available to any person for the purpose of seeking
an interpretation, modification, rescission of, exception to, or
exemption from, such rules, regulations, and orders. Such officer or
agency shall, within ninety days after August 14, 1976, establish
criteria and guidelines by which such special hardship, inequity, or
unfair distribution of burdens shall be evaluated. Such officer or
agency shall additionally insure that each decision on any application
or petition requesting an adjustment shall specify the standards of
hardship, inequity, or unfair distribution of burden by which any
disposition was made, and the specific application of such standards to
the facts contained in any such application or petition. If any person
is aggrieved or adversely affected by a denial of a request for
adjustment under the preceding sentences, he may request a review of
such denial by the agency and may obtain judicial review in accordance
with subsection (c) of this section when such a denial becomes final.
The agency shall, by rule, establish appropriate procedures, including a
hearing when requested, for review of a denial, and where deemed
advisable by the agency, for considering other requests for action under
this paragraph, except that no review of a denial under this
subparagraph shall be controlled by the same officer denying the
adjustment pursuant to this subparagraph.
(c) Judicial review of administrative rulemaking; filing of petition in
United States Court of Appeals
Judicial review of administrative rulemaking of general and national
applicability done under this chapter, except that done pursuant to the
Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],\1\
may be obtained only by filing a petition for review in the United
States Court of Appeals for the District of Columbia within thirty days
from the date of promulgation of any such rule, regulation, or order,
and judicial review of administrative rulemaking of general, but less
than national, applicability done under this chapter, except that done
pursuant to the Emergency Petroleum Allocation Act of 1973,\1\ may be
obtained only by filing a petition for review in the United States Court
of Appeals for the appropriate circuit within thirty days from the date
of promulgation of any such rule, regulation, or order, the appropriate
circuit being defined as the circuit which contains the area or the
greater part of the area within which the rule, regulation, or order is
to have effect.
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\1\ See References in Text note below.
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(d) to (k) Repealed or Redesignated. Pub. L. 95-91, title VII,
Sec. 709(a)(2)(B), (C), (F), (G), Aug. 4, 1977, 91 Stat. 608
(l) Authority and responsibility of General Counsel
Effective beginning July 1, 1977, amounts authorized to be
appropriated under this chapter or any other Act shall not be available
for the payment of salaries and other expenses with respect to any
office of regional counsel of the Administration unless such office is
under the direct supervision and control of the General Counsel of the
Administration.
(Pub. L. 93-275, Sec. 7, May 7, 1974, 88 Stat. 100; Pub. L. 94-385,
title I, Secs. 103-106, Aug. 14, 1976, 90 Stat. 1127-1129; Pub. L. 95-
70, Sec. 8, July 21, 1977, 91 Stat. 277; Pub. L. 95-91, title VII,
Sec. 709(a)(2), Aug. 4, 1977, 91 Stat. 607.)
References in Text
The Emergency Petroleum Allocation Act of 1973, referred to in
subsec. (c), 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 this
title, was omitted from the Code pursuant to section 760g of this title,
which provided for the expiration of the President's authority under
that chapter on Sept. 30, 1981.
Amendments
1977--Subsec. (a). Pub. L. 95-91, Sec. 709(a)(2)(A), struck out
subsec. (a) provisions: for appointment, employment, and compensation of
officers and employees; for prescription of their authority and duties;
for placement of specified number of positions in GS-16, 17, and 18 and
making competitive service provisions inapplicable to a limited number
of such positions; and making classification standards and procedures
applicable to the authority provided for in this section and for
duration of such authority; and redesignated subsec. (c) as (a).
Subsec. (b). Pub. L. 95-91, Sec. 709(a)(2)(A), (C)-(E), struck out
subsec. (b) provisions respecting employment and compensation of experts
and consultants, redesignated subsec. (i)(1)(D) as (b), and substituted
therein ``any rule or regulation, or any order having the applicability
and effect of a rule as defined in section 551(4) of title 5 pursuant to
this chapter'' for ``the rules, regulations, or orders described in
paragraph (A)'' and ``subsection (c) of this section'' for ``paragraph
(2) of this subsection''.
Subsec. (c). Pub. L. 95-91, Sec. 709(a)(2)(F), redesignated subsec.
(i)(2)(A) as (c). Former subsec. (c) redesignated (a).
Subsecs. (d) to (h). Pub. L. 95-91, Sec. 709(a)(2)(B), struck out
subsecs. (d) to (h) relating to: interagency cooperation and
reimbursement; seal and judicial notice; acceptance of gifts; contract
authority; and performance of other necessary activities.
Subsec. (i)(1)(A) to (C). Pub. L. 95-91, Sec. 709(a)(2)(C), struck
out subpar. (A) to (C) provisions relating to: application of subch. II
of ch. 5 of title 5 to rules, regulations, or orders issued under this
chapter; publication of notice of proposed rules, regulations, or orders
in the Federal Register and opportunity for comment and waiver of the
requirements when warranted by considerations of public health, safety,
or welfare; and opportunity for oral presentation of views, data, and
arguments where rules, regulations, or orders are likely to have a
substantial impact on the Nation's economy or large numbers of
individuals or businesses.
Subsec. (i)(1)(D). Pub. L. 95-91, Sec. 709(a)(2)(C), redesignated
subpar. (D) as subsec. (b).
Subsec. (i)(E), (F). Pub. L. 95-91, Sec. 709(a)(2)(C), struck out
provisions of subpars. (E) and (F) providing for public availability of
internal rules and guidelines of the agency forming a basis for rules,
regulations, or orders and agency opinions respecting determinations of
requests for exception or exemption from rules or orders; and procedures
for holding hearings or oral presentation of views with respect to rules
or regulations the effects of which are confined to a single unit of
local government or the residents thereof, a single geographic area
within a State or the residents thereof, or a single State or the
residents thereof.
Subsec. (i)(2)(A). Pub. L. 95-91, Sec. 709(a)(2)(F), redesignated
subpar. (A) as subsec. (c).
Subsec. (i)(2)(B), (3). Pub. L. 95-91, Sec. 709(a)(2)(F), (G),
struck out par. (2)(B) provisions relating to jurisdiction of federal
district courts, power of courts of competent jurisdiction to consider
defenses, removal of cases raising constitutional defenses, and
concurrent jurisdiction of cases or controversies arising under rules,
regulations, or orders of State or local government agencies; and par.
(3) provisions relating to procedures for State or local government
agencies.
Subsecs. (j), (k). Pub. L. 95-91, Sec. 709(a)(2)(G), struck out
subsecs. (j) and (k) relating to information for independent regulatory
agencies and limitation on enforcement authority of the Administrator.
Subsec. (l). Pub. L. 95-70 added subsec. (l).
1976--Subsec. (c). Pub. L. 94-385, Sec. 103, struck out provisions
relating to review of rules, regulations and procedures by the Cost of
Living Council and redistributed remaining provisions as pars. (1) and
(2).
Subsec. (i)(1)(D). Pub. L. 94-385, Sec. 104, inserted provisions
which require any officer or agency authorized to issue rules,
regulations or orders to establish criteria and guidelines for
evaluation of special hardship situations, to include in every decision
the standards applied in the disposition of such situations, and
requiring the hearing upon request of the aggrieved party to be heard by
an officer other than the one denying the adjustment.
Subsec. (i)(1)(F). Pub. L. 94-385, Sec. 105, added subpar. (F).
Subsec. (k). Pub. L. 94-385, Sec. 106, added subsec. (k).
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in sections 767, 771, 780, 790b of this
title.
