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 to supply goods or services of an essential convenience nature dur- ing times of day other than conventional day- time 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.1 (3) the Emergency Petroleum Allocation Act of 1973.1 (Pub. L. 94–163, title V, § 521, Dec. 22, 1975, 89 Stat. 960.) Editorial Notes REFERENCES IN TEXT Title I of this Act, referred to in subsec. (c)(1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to subchapter I (§ 6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables. Title II of this Act, referred to in subsec. (c)(1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables. This title, referred to in subsec. (c)(2), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classi- fied principally to this subchapter. For complete classi- fication of title V to the Code, see Tables. The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (c)(3), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, Commerce and Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the Presi- dent’s authority under that chapter on Sept. 30, 1981. § 6392. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(8), Feb. 10, 1996, 110 Stat. 664 Section, Pub. L. 94–163, title V, § 522, Dec. 22, 1975, 89 Stat. 961; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to conflicts of interest. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see sec- tion 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces. § 6393. Administrative procedure and judicial re- view (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 title I (other than section 103 1 thereof) and title II of this Act, or this title 1 (other than any provision of such titles which amends another law). (2)(A) Notice of any proposed rule, regulation, or order described in paragraph (1) which is sub- stantive and of general applicability shall be given by publication of such proposed rule, regu- lation, 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 op- portunity 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, reg- ulation, or order, or (ii) waived entirely, if the President finds that such waiver is necessary to act expedi- tiously during an emergency affecting the na- tional security of the United States. (B) Public notice of any rule, regulation, or order which is substantive and of general appli- cability which is promulgated by officers of a State or political subdivision thereof or to State or local boards which have been delegated au- thority pursuant to title I or II of this Act or this title (other than any provision of such title) 2 which amend 3 another law shall, to the maximum extent practicable, be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of general Page 6826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6394 1 See References in Text note below. 2 So in original. Probably should be ‘‘amends’’. circulation calculated to receive widest prac- ticable notice. (3) In addition to the requirements of para- graph (2) and to the maximum extent prac- ticable, 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 af- forded 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 para- graph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent spe- cial hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it es- tablish procedures which are available to any person for the purpose of seeking an interpreta- tion, modification, or rescission of, or an excep- tion to or exemption from, such rules, regula- tions 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 offi- cer or agency and may obtain judicial review in accordance with subsection (b) or other applica- ble law when such denial becomes final. The offi- cer or agency shall, by rule, establish appro- priate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph. (b) The procedures for judicial review estab- lished by section 211 of the Economic Stabiliza- tion Act of 1970 shall apply to proceedings to which subsection (a) applies, as if such pro- ceedings took place under such Act. Such proce- dures for judicial review shall apply notwith- standing the expiration of the Economic Sta- bilization Act of 1970. (c) Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) 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 set- ting forth applicable facts and the legal basis in support of such grant or denial. (Pub. L. 94–163, title V, § 523, Dec. 22, 1975, 89 Stat. 962.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), (2)(B), (4), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. Title I of the Act is classified principally to subchapter I (§ 6211 et seq.) of this chapter. Section 103 of the Act was classified to section 6212 of this title, prior to repeal by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. Title II of the Act is classified generally to sub- chapter II (§ 6271 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. This title, referred to in subsec. (a)(1), (2)(B), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see 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, formerly set out as an Economic Stabiliza- tion Provisions note under section 1904 of Title 12, Banks and Banking. § 6394. Prohibited acts It shall be unlawful for any person— (1) to violate any provision of title I or title II of this Act or this title 1 (other than any provision of such titles which amend 2 another law), (2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act [42 U.S.C. 6363]; or (3) to fail to comply with any provision pre- scribed in, or pursuant to, an energy conserva- tion contingency plan which is in effect. (Pub. L. 94–163, title V, § 524, Dec. 22, 1975, 89 Stat. 963.) Editorial Notes REFERENCES IN TEXT Title I of this Act, referred to in par. (1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classi- fied principally to subchapter I (§ 6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables. Title II of this Act, referred to in par. (1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables. This title, referred to in par. (1), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classifica- tion of title V to the Code, see Tables. § 6395. Enforcement (a) Civil penalty Whoever violates section 6394 of this title shall be subject to a civil penalty of not more than $5,000 for each violation. (b) Penalty for willful violation Whoever willfully violates section 6394 of this title shall be fined not more than $10,000 for each violation. (c) Penalty for violation after having been sub- jected to civil penalty for prior violation Any person who knowingly and willfully vio- lates section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been sub- jected to a civil penalty for a prior violation of section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both. (d) Injunction action by Attorney General Whenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this chapter