15 U.S.C. § 766 — Administrative provisions
submitted 52 years ago by Pub. L. 93-275 to r/title-15-COMMERCE-AND-TRADE · 859 words · no verdicts yet
This section authorizes necessary administrative rules, provides environmental-comment and emergency procedures, and requires hardship adjustments. It also sets deadlines and courts for judicial review and gives the General Counsel control over regional-counsel expenses.
(a) The Administrator* may issue the rules, regulations, and procedures needed to carry out the Administrator’s functions. Before issuing a proposed rule, regulation, or policy affecting environmental quality, the Administrator must give the Environmental Protection Agency Administrator at least five working days to submit written comments about the environmental impact. Those comments must be published with notice of the proposed action.
The five-day review may be waived for up to 14 days when the Administrator judges that an emergency requires the action to take effect before the EPA Administrator could use the five-day comment period. Notice of the waiver must be given to the EPA Administrator and filed with the Federal Register when notice of the proposed or final agency action is published. The notice must explain the waiver’s reasons, include supporting data, and describe the facts in enough detail to inform the agency and public. The review under paragraph (1), and the review under this paragraph, may also be waived for up to 14 days when the Administrator judges that an emergency requires immediate action.
(b) An officer or agency authorized under this chapter to issue a rule, regulation, or order that has the applicability and effect of a rule as defined in section 551(4) of title 5 must allow adjustments needed to prevent special hardship, inequity, or an unfair distribution of burdens, consistent with this chapter’s other purposes. The officer or agency must create procedures, by rule, allowing anyone to seek an interpretation, change, cancellation, exception, or exemption from those rules, regulations, and orders. Within 90 days after August 14, 1976, it must set criteria and guidelines for evaluating special hardship, inequity, and unfair distribution of burdens. Each decision on an adjustment request must state the standards used and how those standards apply to the facts in the request. A person harmed or adversely affected by a denial may ask the agency to review it and may obtain judicial review under subsection (c) when the denial becomes final. The agency must establish review procedures by rule, including a hearing when requested, and may establish procedures for other requests. The same officer who denied the adjustment may not control review of that denial.
(c) Judicial review of general and nationally applicable administrative rulemaking under this chapter, except rulemaking under the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.], is available only by filing a petition in the United States Court of Appeals for the District of Columbia within 30 days after the rule, regulation, or order is issued. Review of general administrative rulemaking that applies to less than the entire nation, except rulemaking under that Act, is available only by filing within 30 days in the appropriate United States Court of Appeals. The appropriate circuit is the one containing the area, or the larger part of the area, where the rule, regulation, or order will apply.
(d) through (k) Repealed or redesignated by the cited 1977 law.
(l) Beginning July 1, 1977, money authorized for appropriation under this chapter or another Act may not pay salaries or other expenses for an Administration* regional counsel office unless that office is directly supervised and controlled by the Administration’s General Counsel.
The Administrator* may promulgate such rules, regulations, and procedures as may be necessary to carry out the functions vested in him: Provided, That:
The Administrator shall, before promulgating proposed rules, regulations, or policies affecting the quality of the environment, provide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may provide 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.
The review required by paragraph (1) 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, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Environmental 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 Environmental 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, requires immediate action.
Any officer or agency authorized to issue any rule or regulation, or any order having the applicability and effect of a rule as defined in section 551(4) of title 5, pursuant to this chapter shall provide for the making of such adjustments, 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 procedures which are available to any person for the purpose of seeking an interpretation, modification, 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 unfair distribution of burdens shall be evaluated. Such officer or agency shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application 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 agency and may obtain judicial review in accordance with subsection (c) when such a denial becomes final. The agency shall, by rule, establish appropriate procedures, including a hearing when requested, 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 subparagraph shall be controlled by the same officer denying the adjustment pursuant to this subparagraph.
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 filing a petition for review in the United States Court of Appeals for the District of Columbia within thirty days from the date of promulgation 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 pursuant to the Emergency Petroleum Allocation Act of 1973,1 may be obtained only by filing a petition for review in the United States Court of Appeals for the appropriate circuit within thirty days from the date of promulgation of any such rule, regulation, or order, the appropriate circuit 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.
Effective beginning July 1, 1977, amounts authorized to be appropriated under this chapter or any other Act shall not be available for the payment of salaries and other expenses with respect to any office of regional counsel of the Administration* unless such office is under the direct supervision and control of the General Counsel of the Administration.
Source credit: (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.)
- 1974Enacted · Pub. L. 93-275 · 88 Stat. 100
- 1976Amended · Pub. L. 94-385 · 90 Stat. 1127
- 1977Amended · Pub. L. 95-70 · 91 Stat. 277
- 1977Amended · Pub. L. 95-91 · 91 Stat. 607
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-275 on 1974-05-07.
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