42 U.S.C. § 6250f — Limit on amount of petroleum distillate

Page 6683 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6250f 1 So in original. Probably should be ‘‘result’’. 1 So in original. Probably should be capitalized. price data for the Northeast, increases by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average), and continues for 7 consecutive days; and (2) The price differential continues to in- crease during the most recent week for which price information is available. (c) Continuing evaluation The Secretary shall conduct a continuing evaluation of the residential price data supplied by the Energy Information Administration for the Northeast and data on crude oil prices from published sources. (d) Release of petroleum distillate After consultation with the heating oil indus- try, the Secretary shall determine procedures governing the release of petroleum distillate from the Reserve. The procedures shall provide that— (1) the Secretary may— (A) sell petroleum distillate from the Re- serve through a competitive process, or (B) enter into exchange agreements for the petroleum distillate that results 1 in the Sec- retary receiving a greater volume of petro- leum distillate as repayment than the vol- ume provided to the acquirer; (2) in all such sales or exchanges, the Sec- retary shall receive revenue or its equivalent in petroleum distillate that provides the De- partment with fair market value. At no time may the oil be sold or exchanged resulting in a loss of revenue or value to the United States; and (3) the Secretary shall only sell or dispose of the oil in the Reserve to entities customarily engaged in the sale and distribution of petro- leum distillate. (e) Plan Within 45 days of November 9, 2000, the Sec- retary shall transmit to the President and, if the President approves, to the Congress a plan describing— (1) the acquisition of storage and related fa- cilities or storage services for the Reserve, in- cluding the potential use of storage facilities not currently in use; (2) the acquisition of petroleum distillate for storage in the Reserve; (3) the anticipated methods of disposition of petroleum distillate from the Reserve; (4) the estimated costs of establishment, maintenance, and operation of the Reserve; (5) efforts the Department will take to mini- mize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increas- ing supplies to the Northeast; and (6) actions to ensure quality of the petro- leum distillate in the Reserve. (Pub. L. 94–163, title I, § 183, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2035; amended Pub. L. 109–58, title III, § 301(d), Aug. 8, 2005, 119 Stat. 684.) Editorial Notes AMENDMENTS 2005—Subsec. (b)(1). Pub. L. 109–58 substituted ‘‘by more than 60 percent over its 5-year rolling average for the months of mid-October through March (considered as a heating season average)’’ for ‘‘by more tan 60 per- cent over its 5 year rolling average for the months of mid-October through March’’. § 6250c. Northeast Home Heating Oil Reserve Ac- count (a) Establishment Upon a decision of the Secretary of Energy to establish a Reserve under this part, the Sec- retary of the Treasury shall establish in the Treasury of the United States an account known as the ‘‘Northeast Home Heating Oil Reserve Ac- count’’ (referred to in this section as the ‘‘Ac- count’’). (b) Deposits the 1 Secretary of the Treasury shall deposit in the Account any amounts appropriated to the Account and any receipts from the sale, ex- change, or other disposition of petroleum dis- tillate from the Reserve. (c) Obligation of amounts The Secretary of Energy may obligate amounts in the Account to carry out activities under this part without the need for further ap- propriation, and amounts available to the Sec- retary of Energy for obligation under this sec- tion shall remain available without fiscal year limitation. (Pub. L. 94–163, title I, § 184, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.) § 6250d. Exemptions An action taken under this part is not subject to the rulemaking requirements of section 6393 of this title, section 7191 of this title, or section 553 of title 5. (Pub. L. 94–163, title I, § 185, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036.) § 6250e. Repealed. Pub. L. 109–58, title III, § 301(a)(2), Aug. 8, 2005, 119 Stat. 683 Section, Pub. L. 94–163, title I, § 186, as added Pub. L. 106–469, title II, § 201(a)(3), Nov. 9, 2000, 114 Stat. 2036; amended Pub. L. 108–7, div. F, title III, § 339(a)(2), Feb. 20, 2003, 117 Stat. 278, authorized appropriations for this part. § 6250f. Limit on amount of petroleum distillate Notwithstanding section 6250 of this title, for fiscal year 2012 and hereafter, the [Northeast Home Heating Oil] Reserve shall contain no more than 1 million barrels of petroleum dis- tillate. (Pub. L. 112–74, div. B, title III, Dec. 23, 2011, 125 Stat. 869.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, Page 6684 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6251 1 See References in Text note below. 2012, and also as part of the Consolidated Appropria- tions Act, 2012, and not as part of the Energy Policy and Conservation Act which comprises this chapter. PART E—EXPIRATION § 6251. Repealed. Pub. L. 109–58, title III, § 301(a)(3), Aug. 8, 2005, 119 Stat. 683 Section, Pub. L. 94–163, title I, § 191, formerly § 171, as added Pub. L. 99–58, title I, § 101(a), July 2, 1985, 99 Stat. 102; amended Pub. L. 101–46, § 1(1), June 30, 1989, 103 Stat. 132; Pub. L. 101–262, § 2(b), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101–360, § 2(b), Aug. 10, 1990, 104 Stat. 421; re- numbered § 181 and amended Pub. L. 101–383, §§ 2(2), 6(a)(3), Sept. 15, 1990, 104 Stat. 727, 729; Pub. L. 103–406, title I, § 102, Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104–306, § 1(2), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105–177, § 1(2), June 1, 1998, 112 Stat. 105; Pub. L. 106–64, § 1(2), Oct. 5, 1999, 113 Stat. 511; renumbered § 191 and amended Pub. L. 106–469, title I, § 103(23), title II, § 201(a)(2), Nov. 9, 2000, 114 Stat. 2033, 2034; Pub. L. 108–7, div. F, title III, § 339(a)(3), Feb. 20, 2003, 117 Stat. 278, provided for the expiration of all authority under this subchapter at midnight Sept. 30, 2008. SUBCHAPTER II—STANDBY ENERGY AUTHORITIES PART A—GENERAL EMERGENCY AUTHORITIES §§ 6261 to 6264. Repealed. Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033 Section 6261, Pub. L. 94–163, title II, § 201, Dec. 22, 1975, 89 Stat. 890; Pub. L. 96–102, title I, §§ 103(b)(1), (c)(1), 105(a)(1)–(3), (5), Nov. 5, 1979, 93 Stat. 751, 755, 756; H. Res. 549, Mar. 25, 1980, required the President to trans- mit to Congress energy conservation contingency plans and rationing contingency plans and provided require- ments for plans to become effective and for amend- ment, approval, and implementation of plans. Section 6262, Pub. L. 94–163, title II, § 202, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96–102, title II, § 231, Nov. 5, 1979, 93 Stat. 767, provided requirements for energy conserva- tion contingency plans. Section 6263, Pub. L. 94–163, title II, § 203, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96–102, title I, §§ 103(a), (c)(2), 104, 105(b)(1)–(5), Nov. 5, 1979, 93 Stat. 751, 755, 756, provided requirements for rationing contingency plan, and in subsec. (f) provided that all authority to carry out a plan would expire on same date as authority to issue and enforce rules and orders under the Emergency Pe- troleum Allocation Act of 1973, 15 U.S.C. 751 et seq. Section 6264, Pub. L. 94–163, title II, § 204, as added Pub. L. 99–58, title I, § 104(b), July 2, 1985, 99 Stat. 104, provided that except as provided in section 6263(f) of this title, authority to carry out the provisions of sec- tions 6261 to 6264 of this title and any rule, regulation, or order issued pursuant to such sections expired at midnight, June 30, 1985. PART B—AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM § 6271. International oil allocations (a) Authority of President to prescribe rules for implementation of obligations of United States relating to international allocation of petroleum products; amounts of allocation and prices; petroleum products subject to rule; term of rule The President may, by rule, require that per- sons engaged in producing, transporting, refin- ing, distributing, or storing petroleum products, take such action as he determines to be nec- essary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allo- cation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or con- trolled by any person described in the first sen- tence of this subsection who is subject to the ju- risdiction of the United States, including any petroleum product destined, directly or indi- rectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or re- scinded by the President. (b) Prerequisites to rule taking effect; time rule may be put into effect or remain in effect (1) No rule under subsection (a) may take ef- fect unless the President— (A) has transmitted such rule to the Con- gress; (B) has found that putting such rule into ef- fect is required in order to fulfill obligations of the United States under the international energy program; and (C) has transmitted such finding to the Con- gress, together with a statement of the effec- tive date and manner for exercise of such rule. (2) No rule under subsection (b) may be put into effect or remain in effect after the expira- tion of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A). (c) Consistency of rule with attainment of objec- tives specified in section 753(b)(1) 1 of title 15; limitation on authority of officers or agencies of United States (1) Any rule under this section shall be con- sistent with the attainment, to the maximum extent practicable, of the objectives specified in section 753(b)(1) 1 of title 15. (2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international en- ergy program. (d) Nonapplicability of export restrictions under other laws Neither section 6212 1 of this title nor section 185(u) of title 30 shall preclude the allocation and export, to other countries in accordance with this section, of petroleum products pro- duced in the United States. (e) Prerequisites for effectiveness of rule No rule under this section may be put into ef- fect unless— (1) an international energy supply emer- gency, as defined in the first sentence of sec- tion 6272(k)(1) of this title, is in effect; and (2) the allocation of available oil referred to in chapter III of the international energy pro- gram has been activated pursuant to chapter IV of such program.