42 U.S.C. § 6298 — Rules

Page 6747 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6300 and substituted ‘‘, energy efficiency, or water use’’ for ‘‘or energy efficiency’’. Subsec. (d)(1)(B). Pub. L. 102–486, § 123(h)(4)(B), sub- stituted ‘‘State or river basin commission has’’ for ‘‘State has’’ and inserted ‘‘or water’’ after ‘‘energy’’. Subsec. (d)(1)(C). Pub. L. 102–486, § 123(h)(4)(C), in in- troductory provisions and cl. (ii) inserted ‘‘or water’’ after ‘‘energy’’ wherever appearing and in closing pro- visions inserted before period at end ‘‘, and, with re- spect to a State regulation for which a petition has been submitted to the Secretary which provides for any energy conservation standard or requirement with re- spect to water use of a covered product, within the con- text of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the State or river basin commission for im- proving, developing, or conserving a waterway affected by water supply development’’. Subsec. (d)(5)(B)(i). Pub. L. 102–486, § 123(h)(5), added cl. (i) and struck out former cl. (i) which read as fol- lows: ‘‘an energy emergency condition exists within the State which— ‘‘(I) imperils the health, safety, and welfare of its residents because of the inability of the State or util- ities within the State to provide adequate quantities of gas or electric energy to its residents at less than prohibitive costs; and ‘‘(II) cannot be substantially alleviated by the im- portation of energy or the use of interconnection agreements; and’’. 1988—Subsec. (b)(1). Pub. L. 100–357, § 2(f)(1), inserted before semicolon ‘‘, or in the case of any portion of any regulation which establishes requirements for fluores- cent lamp ballasts, was prescribed or enacted before June 28, 1988’’. Subsec. (b)(4). Pub. L. 100–357, § 2(f)(2), inserted before semicolon ‘‘, or is a regulation (or portion thereof) reg- ulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is ap- plicable’’. Subsec. (c)(1). Pub. L. 100–357, § 2(f)(3), inserted before semicolon ‘‘, except that a State regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary under paragraph (7) of such section and is ap- plicable to such ballasts’’. 1987—Pub. L. 100–12 amended section generally, revis- ing and restating as subsecs. (a) to (g) provisions for- merly contained in subsecs. (a) to (e). 1978—Subsec. (a)(2). Pub. L. 95–619, § 424(b), sub- stituted ‘‘other requirement’’ for ‘‘similar require- ment’’. Subsec. (b). Pub. L. 95–619, § 424(a), in par. (1) sub- stituted provisions vesting power to prescribe rules su- perseding State energy efficiency regulations in the Secretary for provisions vesting such power in the Ad- ministrator of the Federal Energy Administration and provided that persons subject to such State regulations were to petition the Secretary for relief therefrom rather than the Administrator, in par. (2) inserted pro- visions authorizing the supersedure of any State regu- lation prescribed after Jan. 1, 1978 respecting energy use of any type of covered product and authorizing the filing of a petition by the State for exemption from any such supersedure, and struck out provision that a State regulation containing a more stringent energy effi- ciency standard than the corresponding Federal stand- ard would not be superseded, and added pars. (3) to (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 6298. Rules The Commission and the Secretary may each issue such rules as each deems necessary to carry out the provisions of this part. (Pub. L. 94–163, title III, § 328, Dec. 22, 1975, 89 Stat. 928; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration. § 6299. Authority to obtain information (a) In general For purposes of carrying out this part, the Commission and the Secretary may each sign and issue subpenas for the attendance and testi- mony of witnesses and the production of rel- evant books, records, papers, and other docu- ments, and may each administer oaths. Wit- nesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or re- fusal to obey a subpena served, upon any persons subject to this part, the Commission and the Secretary may each seek an order from the dis- trict court of the United States for any district in which such person is found or resides or transacts business requiring such person to ap- pear and give testimony, or to appear and produce documents. Failure to obey any such order is punishable by such court as a contempt thereof. (b) Confidentiality Any information submitted by any person to the Secretary or the Commission under this part shall not be considered energy information as defined by section 796(e)(1) of title 15 for pur- poses of any verification examination author- ized to be conducted by the Comptroller General under section 6381 of this title. (Pub. L. 94–163, title III, § 329, Dec. 22, 1975, 89 Stat. 928; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 100–12, § 11(b)(4), Mar. 17, 1987, 101 Stat. 125.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–12 inserted headings for subsecs. (a) and (b). 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. § 6300. Exports This part shall not apply to any covered prod- uct if (1) such covered product is manufactured, sold, or held for sale for export from the United States (or such product was imported for ex- port), unless such product is in fact distributed in commerce for use in the United States, and