§ 7191. Procedures for issuance of rules, regulations, or orders

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Department of Energy Organization Act

   Pub. L. 95–91 title V § 501 · 91 Stat. 565

   Enacted · 42 U.S.C. § 7191

   Pub. L. 95–91, title V, § 501, Aug. 4, 1977, 91 Stat. 587

   Source evidence

   Code source credit
   Pub. L. 95–91, title V, § 501, Aug. 4, 1977, 91 Stat. 587

   Enacted provision · exact public law section
   Sec. 501. procedures (a) (1) Subject to the other requirements of this title, the 42 USC 7191. 5 USC 551. provisions of subchapter II of chapter 5 of title 5, United States Code, shall apply in accordance with its terms to any rule or regulation, or any order having the applicability and effect of a rule (as defined in section 551(4) of title 5, United States Code), issued pursuant to authority vested by law in, or transferred or delegated to, the Secretary, or required by this Act or any other Act to be carried out by any other officer, employee, or component of the Department, other than the Commission, including any such rule, regulation, or order of a State, or local government agency or officer thereof, issued pursuant to authority delegated by the Secretary in accordance with this title. If any provision of any Act, the functions of which are transferred, vested, or delegated pursuant to this Act, provides administrative procedure requirements in addition to the requirements provided in this title, such additional requirements shall also apply to actions under that provision. (2) Notwithstanding paragraph (1), this title shall apply to the Commission to the same extent this title applies to the Secretary in the exercise of any of the Commission’s functions under section 402 (c)(1) or which the Secretary has assigned under section 402(e). (b) (1) In addition to the requirements of subsection (a) of this Publication in Federal Register. section, notice of any proposed rule, regulation, or order described in. subsection (a) shall be given by publication of such proposed rule, regulation, or order in the Federal Register. Such publication shall be Statement. accompanied by a statement of the research, analysis, and other available information in support of, the need for, and the probable effect of. any such proposed rule, regulation, or order. Other effective means of publicity shall be utilized as may be reasonably calculated to notify concerned or affected persons of the nature and probable effect of any such proposed rule, regulation, or order. In each case, a minimum of Minimum comment period. thirty days following such publication shall be provided for an opportunity to comment prior to promulgation of any such rule, regulation, or order. (2) Public notice of all rules, regulations, or orders described in Notice. subsection (a) which are promulgated by officers of a State or local government agency pursuant to a delegation under this Act shall be provided by publication of such proposed rules, regulations, or orders in at least two newspapers of statewide circulation. If such publication is not practicable, notice of any such rule, regulation, or order shall be given by such other means as the officer promulgating such rule, regulation. or order determines will reasonably assure wide public notice. (3) For the purposes of this title, the exception from the requirements of section 553 of title 5. United States Code, provided by subsection (a)(2) of such section with respect to public property, loans, grants, or contracts shall not be available. (c) (1) If the Secretary determines, on his own initiative or in response to any showing made pursuant to paragraph (2) (with respect to a proposed rule, regulation, or order described in subsection (a)) that no substantial issue of fact or law exists and that such rule, regulation, or order is unlikely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses, such proposed rule, regulation, or order may be promulgated in accordance Oral presentations. with section 553 of title 5. United States Code. If the Secretary determines that a substantial issue of fact or law exists or that such rule, regulation, or order is likely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be provided. (2) Any person, who would be adversely affected by the implementation of any proposed rule, regulation, or order who desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of such substantial issues or such impact. (3) A transcript shall be kept of any oral presentation with respect to a rule, regulation, or order described in subsection (a). (d) Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promulgate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period. (e) The requirements of subsections (b), (c), and (d) of this section may be waived where strict compliance is found by the Secretary to be likely to cause serious harm or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. In the event the requirements of this section are waived, the requirements shall be satisfied within a reasonable period of time subsequent to the promulgation of such rule, regulation, or order. (f) (1) With respect to any rule, regulation, or order described in subsection (a), the effects of which, except for indirect effects of an inconsequential nature, are confined to— (A) a single unit of local government or the residents thereof; (B) a single geographic area within a State or the residents thereof; or (C) a single State or the residents thereof; the Secretary shall, in any case where appropriate, afford an opportunity for a hearing or the oral presentation of views, and provide procedures for the holding of such hearing or oral presentation within the boundaries of the unit of local government, geographic area, or State described in paragraphs (A) through (C) of this paragraph as the case may be. (2) For the purposes of this subsection— Definitions. (A) the term “unit of local government” means a county, municipality, town, township, village, or other unit of general government below the State level; and (B) the term “geographic area within a State” means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government. (3) Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this section or other provision of law. (g) Where authorized by any law vested, transferred, or delegated pursuant to this Act, the Secretary may, by rule, prescribe procedures tor State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law. Such Notice. procedures shall apply to such agencies in lieu of this section, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) within a reasonable time before taking the action.

2. 1997

   Department of Energy Standardization Act of 1997

   Pub. L. 105–28 § 2(a)(1) · 111 Stat. 245

   1. Redesignated · 42 U.S.C. § 7191(b)

      Pub. L. 105–28, § 2(a)(1), (2), redesignated subsec. (c) as (b)

   2. Struck · 42 U.S.C. § 7191(b)

      Pub. L. 105–28, § 2(a)(1), (2), struck out former subsec. (b) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–28, § 2(a)(1), (2), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

   “(1) In addition to the requirements of subsection (a) of this section, notice of any proposed rule, regulation, or order described in subsection (a) of this section shall be given by publication of such proposed rule, regulation, or order in the Federal Register. Such publication shall be accompanied by a statement of the research, analysis, and other available information in support of, the need for, and the probable effect of, any such proposed rule, regulation, or order. Other effective means of publicity shall be utilized as may be reasonably calculated to notify concerned or affected persons of the nature and probable effect of any such proposed rule, regulation, or order. In each case, a minimum of thirty days following such publication shall be provided for an opportunity to comment prior to promulgation of any such rule, regulation, or order. “(2) Public notice of all rules, regulations, or orders described in subsection (a) of this section which are promulgated by officers of a State or local government agency pursuant to a delegation under this chapter shall be provided by publication of such proposed rules, regulations, or orders in at least two newspapers of statewide circulation. If such publication is not practicable, notice of any such rule, regulation, or order shall be given by such other means as the officer promulgating such rule, regulation, or order determines will reasonably assure wide public notice. “(3) For the purposes of this subchapter, the exception from the requirements of section 553 of title 5 provided by subsection (a)(2) of such section with respect to public property, loans, grants, or contracts shall not be available.”

   Enacted provision · exact public law section
   (1) by striking subsections (b) and (d),

3. 1997

   Department of Energy Standardization Act of 1997

   Pub. L. 105–28 § 2(a)(2) · 111 Stat. 245

   1. Redesignated · 42 U.S.C. § 7191(c)

      Pub. L. 105–28, § 2(a)(2), (3), redesignated subsec. (e) as (c)

   2. Redesignated · 42 U.S.C. § 7191(c)

      Pub. L. 105–28, § 2(a)(2), (3), substituted “subsection (b)” for “subsections (b), (c), and (d)”. Former subsec. (c) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–28, § 2(a)(2), (3), redesignated subsec. (e) as (c) and substituted “subsection (b)” for “subsections (b), (c), and (d)”. Former subsec. (c) redesignated (b).

   Enacted provision · exact public law section
   (2) by redesignating subsection (c) as subsection (b) and by redesignating subsections (e), (f), and (g) as subsections (c), (d), and (e), respectively, and

4. 1997

   Department of Energy Standardization Act of 1997

   Pub. L. 105–28 § 2(a)(1) · 111 Stat. 245

   1. Redesignated · 42 U.S.C. § 7191(d)

      Pub. L. 105–28, § 2(a)(1), (2), redesignated subsec. (f) as (d)

   2. Struck · 42 U.S.C. § 7191(d)

      Pub. L. 105–28, § 2(a)(1), (2), struck out former subsec. (d) which read as follows: “Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promulgate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–28, § 2(a)(1), (2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: “Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promulgate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period.”

   Enacted provision · exact public law section
   (1) by striking subsections (b) and (d),

5. 1997

   Department of Energy Standardization Act of 1997

   Pub. L. 105–28 § 2(a)(2) · 111 Stat. 245

   Redesignated · 42 U.S.C. § 7191(e)(g)

   Pub. L. 105–28, § 2(a)(2), redesignated subsecs. (e) to (g) as (c) to (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 105–28, § 2(a)(2), redesignated subsecs. (e) to (g) as (c) to (e), respectively.

   Enacted provision · exact public law section
   (2) by redesignating subsection (c) as subsection (b) and by redesignating subsections (e), (f), and (g) as subsections (c), (d), and (e), respectively, and

8 of 8 references resolved to an enrolled provision