15 U.S.C. § 766 — Administrative provisions

Page 1235 TITLE 15—COMMERCE AND TRADE § 766 with an energy action relating to allocation of the same oil, refined petroleum product, or re- fined product category. (Pub. L. 93–275, § 5, May 7, 1974, 88 Stat. 98; Pub. L. 94–385, title I, § 102, Aug. 14, 1976, 90 Stat. 1127.) Editorial Notes REFERENCES IN TEXT Sections 753, 754, and 760a of this title, referred to in subsec. (c)(1), were omitted from the Code pursuant to section 760g of this title, which provided for the expira- tion of the President’s authority under those sections on Sept. 30, 1981. AMENDMENTS 1976—Subsec. (c). Pub. L. 94–385 added subsec. (c). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. § 765. Transfer of functions (a) Functions of Secretary and Department of the Interior There are hereby transferred to and vested in the Administrator all functions of the Secretary of the Interior, the Department of the Interior, and officers and components of that Depart- ment— (1) as relate to or are utilized by the Office of Petroleum Allocation; (2) as relate to or are utilized by the Office of Energy Conservation; (3) as relate to or are utilized by the Office of Energy Data and Analysis; and (4) as relate to or are utilized by the Office of Oil and Gas. (b) Functions of Chairman and Executive Direc- tor of Cost of Living Council There are hereby transferred to and vested in the Administrator all functions of the Chairman of the Cost of Living Council, the Executive Di- rector of the Cost of Living Council, and the Cost of Living Council, and officers and compo- nents thereof, as relate to or are utilized by the Energy Division of the Cost of Living Council. (Pub. L. 93–275, § 6, May 7, 1974, 88 Stat. 100.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. Executive Documents ABOLITION OF COST OF LIVING COUNCIL Cost of Living Council abolished July 1, 1974, by Ex. Ord. No. 11788, § 1, June 18, 1974, 39 F.R. 22113. § 766. Administrative provisions (a) Rules, regulations, and procedures; Environ- mental Protection Agency, notification; qual- ity of environment, publication of comments; emergency preclusion of review by Environ- mental Protection Agency The Administrator may promulgate such rules, regulations, and procedures as may be necessary to carry out the functions vested in him: Provided, That: (1) The Administrator shall, before promul- gating proposed rules, regulations, or policies affecting the quality of the environment, pro- vide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may pro- vide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be published together with publication of notice of the proposed action. (2) The review required by paragraph (1) of this subsection may be waived for a period of fourteen days if there is an emergency situa- tion which, in the judgment of the Adminis- trator, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Envi- ronmental Protection Agency the five working days opportunity for prior comment required by paragraph (1). Notice of any such waiver shall be given to the Administrator of the En- vironmental Protection Agency and filed with the Federal Register with the publication of notice of proposed or final agency action and shall include an explanation of the reasons for such waiver, together with supporting data and a description of the factual situation in such detail as the Administrator determines will apprise such agency and the public of the reasons for such waiver. The review required by paragraphs (1) and (2) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, re- quires immediate action. (b) Adjustments; procedures respecting applica- tion and operation; judicial review Any officer or agency authorized to issue any rule or regulation, or any order having the ap- plicability and effect of a rule as defined in sec- tion 551(4) of title 5, pursuant to this chapter shall provide for the making of such adjust- ments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish proce- dures which are available to any person for the purpose of seeking an interpretation, modifica- tion, rescission of, exception to, or exemption from, such rules, regulations, and orders. Such officer or agency shall, within ninety days after August 14, 1976, establish criteria and guidelines by which such special hardship, inequity, or un- fair distribution of burdens shall be evaluated. Such officer or agency shall additionally insure that each decision on any application or peti- tion requesting an adjustment shall specify the standards of hardship, inequity, or unfair dis- Page 1236 TITLE 15—COMMERCE AND TRADE § 766 1 See References in Text note below. tribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such ap- plication or petition. If any person is aggrieved or adversely affected by a denial of a request for adjustment under the preceding sentences, he may request a review of such denial by the agen- cy and may obtain judicial review in accordance with subsection (c) when such a denial becomes final. The agency shall, by rule, establish appro- priate procedures, including a hearing when re- quested, for review of a denial, and where deemed advisable by the agency, for considering other requests for action under this paragraph, except that no review of a denial under this sub- paragraph shall be controlled by the same offi- cer denying the adjustment pursuant to this subparagraph. (c) Judicial review of administrative rulemaking; filing of petition in United States Court of Appeals Judicial review of administrative rulemaking of general and national applicability done under this chapter, except that done pursuant to the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 may be obtained only by fil- ing a petition for review in the United States Court of Appeals for the District of Columbia within thirty days from the date of promulga- tion of any such rule, regulation, or order, and judicial review of administrative rulemaking of general, but less than national, applicability done under this chapter, except that done pursu- ant to the Emergency Petroleum Allocation Act of 1973,1 may be obtained only by filing a peti- tion for review in the United States Court of Ap- peals for the appropriate circuit within thirty days from the date of promulgation of any such rule, regulation, or order, the appropriate cir- cuit being defined as the circuit which contains the area or the greater part of the area within which the rule, regulation, or order is to have effect. (d) to (k) Repealed or Redesignated. Pub. L. 95–91, title VII, § 709(a)(2)(B), (C), (F), (G), Aug. 4, 1977, 91 Stat. 608 (l) Authority and responsibility of General Coun- sel Effective beginning July 1, 1977, amounts au- thorized to be appropriated under this chapter or any other Act shall not be available for the payment of salaries and other expenses with re- spect to any office of regional counsel of the Ad- ministration unless such office is under the di- rect supervision and control of the General Counsel of the Administration. (Pub. L. 93–275, § 7, May 7, 1974, 88 Stat. 100; Pub. L. 94–385, title I, §§ 103–106, Aug. 14, 1976, 90 Stat. 1127–1129; Pub. L. 95–70, § 8, July 21, 1977, 91 Stat. 277; Pub. L. 95–91, title VII, § 709(a)(2), Aug. 4, 1977, 91 Stat. 607.) Editorial Notes REFERENCES IN TEXT The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (c), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which pro- vided for the expiration of the President’s authority under that chapter on Sept. 30, 1981. AMENDMENTS 1977—Subsec. (a). Pub. L. 95–91, § 709(a)(2)(A), struck out subsec. (a) provisions: for appointment, employ- ment, and compensation of officers and employees; for prescription of their authority and duties; for place- ment of specified number of positions in GS–16, 17, and 18 and making competitive service provisions inappli- cable to a limited number of such positions; and mak- ing classification standards and procedures applicable to the authority provided for in this section and for du- ration of such authority; and redesignated subsec. (c) as (a). Subsec. (b). Pub. L. 95–91, § 709(a)(2)(A), (C)–(E), struck out subsec. (b) provisions respecting employment and compensation of experts and consultants, redesignated subsec. (i)(1)(D) as (b), and substituted therein ‘‘any rule or regulation, or any order having the applica- bility and effect of a rule as defined in section 551(4) of title 5 pursuant to this chapter’’ for ‘‘the rules, regula- tions, or orders described in paragraph (A)’’ and ‘‘sub- section (c)’’ for ‘‘paragraph (2) of this subsection’’. Subsec. (c). Pub. L. 95–91, § 709(a)(2)(F), redesignated subsec. (i)(2)(A) as (c). Former subsec. (c) redesignated (a). Subsecs. (d) to (h). Pub. L. 95–91, § 709(a)(2)(B), struck out subsecs. (d) to (h) relating to: interagency coopera- tion and reimbursement; seal and judicial notice; ac- ceptance of gifts; contract authority; and performance of other necessary activities. Subsec. (i)(1)(A) to (C). Pub. L. 95–91, § 709(a)(2)(C), struck out subpar. (A) to (C) provisions relating to: ap- plication of subch. II of ch. 5 of title 5 to rules, regula- tions, or orders issued under this chapter; publication of notice of proposed rules, regulations, or orders in the Federal Register and opportunity for comment and waiver of the requirements when warranted by consid- erations of public health, safety, or welfare; and oppor- tunity for oral presentation of views, data, and argu- ments where rules, regulations, or orders are likely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses. Subsec. (i)(1)(D). Pub. L. 95–91, § 709(a)(2)(C), redesig- nated subpar. (D) as subsec. (b). Subsec. (i)(E), (F). Pub. L. 95–91, § 709(a)(2)(C), struck out provisions of subpars. (E) and (F) providing for pub- lic availability of internal rules and guidelines of the agency forming a basis for rules, regulations, or orders and agency opinions respecting determinations of re- quests for exception or exemption from rules or orders; and procedures for holding hearings or oral presen- tation of views with respect to rules or regulations the effects of which are confined to a single unit of local government or the residents thereof, a single geo- graphic area within a State or the residents thereof, or a single State or the residents thereof. Subsec. (i)(2)(A). Pub. L. 95–91, § 709(a)(2)(F), redesig- nated subpar. (A) as subsec. (c). Subsec. (i)(2)(B), (3). Pub. L. 95–91, § 709(a)(2)(F), (G), struck out par. (2)(B) provisions relating to jurisdiction of federal district courts, power of courts of competent jurisdiction to consider defenses, removal of cases rais- ing constitutional defenses, and concurrent jurisdiction of cases or controversies arising under rules, regula- tions, or orders of State or local government agencies; and par. (3) provisions relating to procedures for State or local government agencies. Subsecs. (j), (k). Pub. L. 95–91, § 709(a)(2)(G), struck out subsecs. (j) and (k) relating to information for inde- pendent regulatory agencies and limitation on enforce- ment authority of the Administrator. Subsec. (l). Pub. L. 95–70 added subsec. (l). 1976—Subsec. (c). Pub. L. 94–385, § 103, struck out pro- visions relating to review of rules, regulations and pro- cedures by the Cost of Living Council and redistributed remaining provisions as pars. (1) and (2). Page 1237 TITLE 15—COMMERCE AND TRADE § 767 Subsec. (i)(1)(D). Pub. L. 94–385, § 104, inserted provi- sions which require any officer or agency authorized to issue rules, regulations or orders to establish criteria and guidelines for evaluation of special hardship situa- tions, to include in every decision the standards applied in the disposition of such situations, and requiring the hearing upon request of the aggrieved party to be heard by an officer other than the one denying the adjust- ment. Subsec. (i)(1)(F). Pub. L. 94–385, § 105, added subpar. (F). Subsec. (k). Pub. L. 94–385, § 106, added subsec. (k). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. § 767. Transitional and savings provisions (a) Continuance of effective status All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, by any Federal department or agency or offi- cial thereof, or by a court of competent juris- diction, in the performance of functions which are transferred under this chapter, and (2) which are in effect at the time this chap- ter takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Adminis- trator, other authorized officials, a court of competent jurisdiction, or by operation of law. (b) Pending proceedings; orders, appeals, pay- ments This chapter shall not affect any proceeding pending, at the time this chapter takes effect, before any department or agency (or component thereof) regarding functions which are trans- ferred by this chapter; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals (except as provided in section 766(i)(2) of this title) shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modi- fied, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such pro- ceeding under the same terms and conditions, and to the same extent, that such proceeding could have been discontinued if this chapter had not been enacted. (c) Commencement of suits before effective date Except as provided in subsection (e)— (1) the provisions of this chapter shall not affect suits commenced prior to the date this chapter takes effect, and (2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this chapter had not been enacted. (d) Litigation; abatement prohibition; Federal parties No suit, action, or other proceeding com- menced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this chapter, shall abate by reason of the enact- ment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in his official capac- ity shall abate by reason of the enactment of this chapter. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be ap- propriate and, in any litigation pending when this chapter takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the pro- visions of this section. (e) Substitution of parties If, before the date on which this chapter takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this chapter any function of such department, agency, or officer is transferred to the Administrator, or any other official, then such suit shall be continued as if this chapter had not been enacted, with the Administrator, or other official as the case may be, substituted. (f) Judicial review; other requirements respect- ing notices, hearings, action upon record, and administrative review; conflicting provi- sions Final orders and actions of any official or component in the performance of functions transferred by this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the ef- fective date of this chapter. Any statutory re- quirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred or delegated by this chapter shall apply to the performance of those functions by the Administrator, or any officer or component of the Administration. In the event of any inconsistency between the pro- visions of this subsection and section 766 of this title, the provisions of section 766 of this title shall govern. (g) References in other laws deemed references to transferee offices or officers With respect to any function transferred by this chapter and performed after the effective date of this chapter, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred, shall be deemed to refer to the Administration, Administrator, or other office or officers in which this chapter vests such functions. (h) Presidential functions, authorities, and dele- gations unaffected Nothing contained in this chapter shall be construed to limit, curtail, abolish, or terminate