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42 U.S.C. § 6393 — Prohibited actions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6393 — 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) titles I and II of this Act (other than any provision of such titles which amends another law). (2) this title

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Source location: Title 42, Chapter 77, § 6393; chapter-077-energy-conservation.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1295 — Jurisdiction of the United States Court of Appeals for the Federal Circuit

**(a)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction— (1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection; (2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on [section 1346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346&num=0&edition=prelim), except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title; (3) of an appeal from a final decision of the United States Court of Federal Claims; (4) of an appeal from a decision of— (A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6241 — Development, operation, and maintenance of the Reserve

**(a) to (e) Repealed. Pub. L. 106–469, title I, § 103(13)(A), Nov. 9, 2000, 114 Stat. 2030** **(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve** In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may— (1) issue rules, regulations, or orders; (2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities; (3) construct, purchase, lease, or otherwise acquire storage and related facilities; (4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate; (5) acquire, subject to the provisions of [section 6240 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6240&num=0&edition=prelim), by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve; (6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States; (7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve; (8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land. **(g) Acquisition of property by negotiation as prerequisite to condemnation** Before any condemnation proceedings are institute

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6243 — Drawdown and sale of petroleum products

**(a) Power of Secretary** The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section. **(b) , (c) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031** **(d) Presidential finding prerequisite to drawdown and sale** (1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program. (2) For purposes of this section, in addition to the circumstances set forth in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), a severe energy supply interruption shall be deemed to exist if the President determines that— (A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration; (B) a severe increase in the price of petroleum products has resulted from such emergency situation; and (C) such price increase is likely to cause a major adverse impact on the national economy. **(e) Sales procedures** (1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products. (2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section. **(f) Repealed. Pub. L. 106–469, title I, § 103(15)(C), N

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6250f — Exemptions

An action taken under this part is not subject to the rulemaking requirements of [section 6393 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6393&num=0&edition=prelim), [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim), or [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6393 — Administrative procedure and judicial re-

Page 6825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6393 1 See References in Text note below. 1 See References in Text note below. 2 So in original. The closing parenthesis probably should follow ‘‘another law’’. 3 So in original. Probably should be ‘‘amends’’. PART B—GENERAL PROVISIONS § 6391. Prohibited actions (a) Unreasonable classifications and differentia- tions 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 restric- tions on use of petroleum products and elec- trical energy shall not be based upon unreason- able classifications of, or unreasonable differen- tiations between, classes of users. In making any such allocation the President, or any agen- cy 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 coun- tries. (b) Unreasonably disproportionate share of bur- dens between segments of business commu- nity To the maximum extent practicable, any re- striction 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 commer- cial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of com- mercial, retail, and service establishments whose normal function is

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