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42 U.S.C. § 6308 — Administrative procedure and judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedure for prescription of rules**
(1) In addition to the requirements of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6295&num=0&edition=prelim), 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
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Source file: Laws/federal/codes/united-states-code/title-42/section-6308-administrative-procedure-and-judicial-review--1f97421daa.md
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Source location: Title 42, Chapter 77, § 6308; chapter-077-energy-conservation.md
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**(a) Procedure for prescription of rules**
(1) In addition to the requirements of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6295&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6295/n&num=0&edition=prelim) which is denied by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There is established within the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of, or other forms of communication about, products and buildings that meet the highest energy conservation standards.
**(b) Division of responsibilities** Responsibilities under the program shall be divided between the Department of Energy and the Environmental Protection Agency in accordance with the terms of applicable agreements between those agencies.
**(c) Duties** The Administrator and the Secretary shall—
(1) promote Energy Star compliant technologies as the preferred technologies in the marketplace for—
(A) achieving energy efficiency; and
(B) reducing pollution;
(2) work to enhance public awareness of the Energy Star label, including by providing special outreach to small businesses;
(3) preserve the integrity of the Energy Star label;
(4) regularly update Energy Star product criteria for product categories;
(5) solicit comments from interested parties prior to establishing or revising an Energy Star product category, specification, or criterion (or prior to effective dates for any such product category, specification, or criterion);
(6) on adoption of a new or revised product category, specification, or criterion, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, specifications, or criteria, along with—
(A) an explanation of the changes; and
(B) as appropriate, responses to comments submitted by interested parties; and
(7) provide appropriate lead time (which shall be 270 d
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6295
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Commission to prescribe rules and general statements of policy**
(1) Except as provided in subsection (h), the Commission may prescribe—
(A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), and
(B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), except that the Commission shall not develop or promulgate any trade rule or regulation with regard to the regulation of the development and utilization of the standards and certification activities pursuant to this section. Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices.
(2) The Commission shall have no authority under this subchapter, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce.
**(b) Procedures applicable**
(1) When prescribing a rule under subsection (a)(1)(B) of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 57a
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (1), (2), (4), (6), and (8) through (12) of [section 6292(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6292/a&num=0&edition=prelim), except to the extent that, with respect to any such type (or class thereof), the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible.
(2)
(A) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (3), (5), and (7) of [section 6292(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6292/a&num=0&edition=prelim), except to the extent that with respect to any such type (or class thereof), the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions.
(B) The Commission shall prescribe labeling rules under this section applicable to the covered product specified in paragraph (13) of [section 6292(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6292/a&num=0&edition=prelim) and to which standards are applicable under [section 6295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6295&num=0&edition=prelim). Such rules shall provide that the labeling of any fluorescent lamp ballast manufactured on or after January 1, 1990, will ind
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6294b
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Federal law — U.S. Code and appendices · legal_authorities
Page 6753
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6308
1 So in original. Probably should be capitalized.
consumer products by model or manufacturer’s
name.
(b) State and local incentive programs
(1) The Secretary shall, not later than one
year after October 24, 1992, issue recommenda-
tions to the States for establishing State and
local incentive programs designed to encourage
the acceleration of voluntary replacement, by
consumers, of existing showerheads, faucets,
water closets, and urinals with those products
that meet the standards established for such
products pursuant to subsections (j) and (k) of
section 6295 of this title.
(2) In developing such recommendations, the
Secretary shall consult with the heads of other
federal 1 agencies, including the Administrator
of the Environmental Protection Agency; State
officials; manufacturers, suppliers, and install-
ers of plumbing products; and other interested
parties.
(c) HVAC maintenance
(1) To ensure that installed air conditioning
and heating systems operate at maximum rated
efficiency levels, the Secretary shall, not later
than 180 days after August 8, 2005, carry out a
program to educate homeowners and small busi-
ness owners concerning the energy savings from
properly conducted maintenance of air condi-
tioning, heating, and ventilating systems.
(2) The Secretary shall carry out the program
under paragraph (1), on a cost-shared basis, in
cooperation with the Administrator of the Envi-
ronmental Protection Agency and any other en-
tities that the Secretary determines to be ap-
propriate, including industry trade associations,
industry members, and energy efficiency organi-
zations.
(d) Small business education and assistance
(1) The Administrator of the Small Business
Administration,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6308
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