42 U.S.C. § 6306 — Administrative procedure and judicial re-

Page 6751 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6306 quire compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right. (2) under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Secretary and Commission. Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule. (c) Right to intervene In such action under this section, the Sec- retary or the Commission (or both), if not a party, may intervene as a matter of right. (d) Award of costs of litigation The court, in issuing any final order in any ac- tion brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (e) Preservation of other relief Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek en- forcement of this part or any rule thereunder, or to seek any other relief (including relief against the Secretary or the Commission). (f) Compliance in good faith For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule. (Pub. L. 94–163, title III, § 335, Dec. 22, 1975, 89 Stat. 930; Pub. L. 95–619, title IV, § 425(f), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 100–12, §§ 8, 11(b)(7), Mar. 17, 1987, 101 Stat. 122, 126.) Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–12, § 8, added par. (3) and inserted at end ‘‘The courts shall advance on the dock- et, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.’’ Subsecs. (b) to (f). Pub. L. 100–12, § 11(b)(7), inserted headings for subsecs. (b) to (f). 1978—Subsec. (a). Pub. L. 95–619, § 425(f), struck out provision in par. (1) which excluded sections 6295 and 6302(a)(5) of this title and rules thereunder, struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title, and inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part. Subsecs. (b), (c), (e). Pub. L. 95–619, § 691(b)(2), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. § 6306. Administrative procedure and judicial re- view (a) Procedure for prescription of rules (1) In addition to the requirements of section 553 of title 5, 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 sec- tion 6295 of this title, the Secretary shall, by means of conferences or other informal proce- dures, afford any interested person an oppor- tunity 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 re- spect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Secretary determines that questioning pur- suant 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 pres- entations 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 re- sides or has his principal place of business, for judicial review of such rule. A copy of the peti- tion 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 pro- ceedings on which the rule was based, as pro- vided in section 2112 of title 28. (2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdic- tion to review the rule in accordance with chap- ter 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 set- ting 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. (4) The remedies provided for in this sub- section shall be in addition to, and not in substi- tution 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 provi- sion does so in specific terms by referring to this part and declaring that such provision su- persedes, in whole or in part, the procedures of this part. Page 6752 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6307 (c) Jurisdiction Jurisdiction is vested in the Federal district courts of the United States over actions brought by— (1) any adversely affected person to deter- mine whether a State or local government is complying with the requirements of this part; and (2) any person who files a petition under sec- tion 6295(n) of this title which is denied by the Secretary. (Pub. L. 94–163, title III, § 336, Dec. 22, 1975, 89 Stat. 930; Pub. L. 95–619, title IV, §§ 425(g), 427, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3267, 3288; Pub. L. 100–12, § 9, Mar. 17, 1987, 101 Stat. 123; Pub. L. 105–388, § 5(a)(6), Nov. 13, 1998, 112 Stat. 3478.) Editorial Notes AMENDMENTS 1998—Subsec. (c)(2). Pub. L. 105–388 substituted ‘‘sec- tion 6295(n)’’ for ‘‘section 6295(k)’’. 1987—Subsec. (a). Pub. L. 100–12 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Rules under sections 6293, 6294, 6295(a), 6297(b), or 6298 of this title shall be prescribed in accordance with section 553 of title 5, except that— ‘‘(1) interested persons shall be afforded an oppor- tunity to present written and oral data, views, and arguments with respect to any proposed rule, and ‘‘(2) in the case of a rule under section 6295(a) of this title, the Secretary shall, by means of con- ferences or other informal procedures, afford any in- terested person an opportunity to question— ‘‘(A) other interested persons who have made oral presentations under paragraph (1), 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 Sec- retary determines that questioning pursuant to such procedures is likely to result in a more timely and ef- fective resolution of such issues. A transcript shall be kept of any oral presentations made under this subsection.’’ Subsec. (b). Pub. L. 100–12 amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) Any person who will be adversely affected by a rule prescribed under section 6293, 6294, or 6295 of this title when it is effective may, at any time prior to the sixtieth day after the date such rule is prescribed, file a petition with the United States court of appeals for the circuit wherein such person resides or has his prin- cipal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the agency which prescribed the rule. Such agency thereupon shall file in the court the written submissions to, and transcript of, the pro- ceedings on which the rule was based as provided in section 2112 of title 28. ‘‘(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to re- view 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. ‘‘(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law.’’ Subsec. (c). Pub. L. 100–12 amended subsec. (c) gen- erally. Prior to amendment, subsec. (c) read as follows: ‘‘(1) Titles IV and V of the Department of Energy Or- ganization Act shall not apply with respect to the pro- cedures under this part. ‘‘(2) 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, referring to this part, and declaring that such provision supersedes, in whole or in part, the procedures of this part.’’ 1978—Subsec. (a). Pub. L. 95–619, §§ 425(g)(1)–(3), 691(b)(2), struck out par. designation ‘‘(1)’’ before ‘‘Rules’’ and substituted reference to section ‘‘6295(a)’’ for ‘‘6295(a)(1), (2), or (3)’’ in first sentence; redesignated subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B) as pars. (1) and (2) and subpars. (A) and (B) of par. (2), respectively; struck out ‘‘paragraph (1), (2), or (3) of’’ before ‘‘section 6295(a)’’ in par. (2) as so redesignated; directed the substitution of ‘‘paragraph (1)’’ for ‘‘sub- paragraph (A)’’ in par. (2)(B) as so redesignated, which was executed to par. (2)(A) as so redesignated to reflect the probable intent of Congress; substituted ‘‘sub- section’’ for ‘‘paragraph’’ in last sentence; and sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Par. (2), which provided that subsecs. (c) and (d) of section 57a of title 15 shall apply to rules under section 6295 of this title (other than subsecs. (a)(1), (2), and (3)) to the same extent that such subsecs. apply to rules under section 57a(a)(1)(B) of title 15, was struck out to reflect the probable intent of Congress in view of the amendment by Pub. L. 95–619, § 425(g)(1), which struck out designation ‘‘(1)’’ after subsection (a) designation, and in view of the amendment by Pub. L. 95–619, § 422, to section 6295(a) of this title, which struck out pars. (3) to (5) therefrom. Subsec. (b). Pub. L. 95–619, § 425(g)(4), (5), substituted ‘‘section 6293, 6294, or 6295’’ for ‘‘section 6293 or 6294’’ in pars. (1) and (2) and struck out former par. (5) which re- lated to the application of section 57a(e) of title 15 to rules under section 6295 of this title. Subsec. (c). Pub. L. 95–619, § 427, added subsec. (c). § 6307. Consumer education (a) In general The Secretary shall, in close cooperation and coordination with the Commission and appro- priate industry trade associations and industry members, including retailers, and interested consumer and environmental organizations, carry out a program to educate consumers and other persons with respect to— (1) the significance of estimated annual op- erating costs; (2) the way in which comparative shopping, including comparisons of estimated annual op- erating costs, can save energy for the Nation and money for consumers; and (3) such other matters as the Secretary de- termines may encourage the conservation of energy in the use of consumer products. Such steps to educate consumers may include publications, audiovisual presentations, dem- onstrations, and the sponsorship of national and regional conferences involving manufacturers, distributors, retailers, and consumers, and State, local, and Federal Government represent- atives. Nothing in this section may be construed to require the compilation of lists which com- pare the estimated annual operating costs of