42 U.S.C. § 6391 — Prohibited actions

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