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TITLE I-FEDERAL ENERGY ADMINISTRATION ACT Federal Energy
AMENDMENTS AND RELATED MATTERS

Admin istration

Act AmendPART A-FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS

ments of 1976.

SHORT TITLE

Sec. 101. This title may be cited as the "Federal Energy Adminis- 15 USC 761 tration Act Amendments of 1976”.

note.

LIMITATION ON DISCRETION OF ADMINISTRATOR WITH RESPECT TO

ENERGY ACTIONS

Sec. 102. Section 5 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following:

15 USC 764. "(c)(1) The Administrator shall not exercise the discretion delegated to him by the President, pursuant to section 5(b) of the Emergency Petroleum Allocation Act of 1973, to submit to the Congress 15 USC 754. as one energy action any amendment to the regulation under section 4(a) of such Act, pursuant to section 12 of such Act, which amend- 15 USC 753, ment exempts any oil, refined petroleum product, or refined product 760a. category from both the allocation and pricing provisions of the regulation under section 4 of such Act.

“(2) Nothing in this subsection shall prevent the Administrator from concurrently submitting an energy action relating to price together with an energy action relating to allocation of the same oil, refined petroleum product, or refined product category.”.

ENVIRONMENTAL PROTECTION AGENCY COMMENT PERIOD AND

NOTICE OF WAIVER

Sec. 103. Paragraphs (1) and (2) of section 7(c) of the Federal
Energy Administration Act of 1974 are amended to read as follows: 15 USC 766.

“(1) The Administrator shall, before promulgating proposed Rules and
rules, regulations, or policies affecting the quality of the environ- regulations.
ment, 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 environ-
ment. 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 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..

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29

GUIDELINES FOR HARDSHIP AND INEQUITY AND HEARING AT APPEALS

Rules,
15 USC 766.

15 USC 761 note.

Sec. 104. Section 7(i) (1) (D) of the Federal Energy Administration Act of 1974 is amended to read as follows:

“(D) Any officer or agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, 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 the date of the enactment of the Federal Energy Administration Act Amendments of 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 paragraph (2) of this subsection 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 ontrolled by the same officer denying the adjustment pursuant to this subparagraph.".

Review.

REQUIREMENTS FOR HEARING IN THE GEOGRAPHIC AREA AFFECTED BY

RULES AND REGULATIONS OF THE ADMINISTRATOR

15 USC 766.

Sec. 105. Section 7(i)(1) is amended by adding after subparagraph (E) the following new subparagraph :

"(F) (i) With respect to any rule or regulation of the Administrator the effects of which, except for indirect effects of an inconsequential nature, are confined to

"(I) a single unit of local government or the residents thereof;

“(II) a single geographic area within a State or the residents thereof; or

“(III) a single State or the residents thereof; the Administrator shall, in any case where he is required by law, or where he determines, to afford an opportunity for a hearing or the oral presentation of views, 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 subclauses (I) through (III), as the case may be. “(ii) For purposes of this subparagraph,

“(I) the term 'unit of local government' means a county, municipality, town, township, village, or other unit of general government below the State level; and

“(II) 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.

Definitions.

“(iii) Nothing in this subparagraph shall be construed as requiring a hearing or an oral presentation of views where none is required by law or, in the absence of such a requirement, where the Administrator determines a hearing or oral presentation is not appropriate.”.

LIMITATION ON THE ADMINISTRATOR'S AUTHORITY WITH RESPECT TO

ENFORCEMENT OF REGULATIONS AND RULINGS

15 USC 766.

Sec. 106. Section 7 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following:

“(k) The Administrator or his delegate may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against any person whose sole petroleum industry operation relates to the marketing of petroleum products, for any violation of any rule or regulation if

“(1) such civil action or order is based upon a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and

“(2) such person relied in good faith upon rules, regulations, or rulings interpreting such rules or regulations, in effect on the date of the violation.”.

MAINTAINING ACCOUNTS OR RECORDS FOR COMPLIANCE PURPOSES; AND

ALLEVIATION OF SMALL BUSINESS REPORTING BURDENS

15 USC 772.

Sec. 107. Section 13 of the Federal Energy Administration Act of 1974 is amended by adding at the end thereof the following:

(g) With respect to any person who is subject to any rule, regulation, or order promulgated by the Administrator or to any provision of law the administration of which is vested in or transferred or delegated to the Administrator, the Administrator may require, by rule, the keeping of such accounts or records as he determines are necessary or appropriate for determining compliance with such rule, regulation, order, or any applicable provision of law. “(h) In

exercising his authority under this Act and any other provision of law relating to the collection of energy information, the Administrator shall take into account the size of businesses required to submit reports with the Administrator so as to avoid, to the greatest extent practicable, overly burdensome reporting requirements on small marketers and distributors of petroleum products and other small business concerns required to submit reports to the Administrator.”.

PENALTIES FOR FAILURE TO FILE INFORMATION

Sec. 108. Section 13 of the Federal Energy Administration Act of 1974 as amended by this Act is further amended by adding at the end thereof the following new subsection:

"(i) Any failure to make information available to the Administrator under subsection (b), any failure to comply with any general or special order under subsection (c), or any failure to allow the Administrator to act under subsection (d) shall be subject to the same penalties as any violation of section 11 of the Energy Supply and Environmental Coordination Act of 1974 or any rule, regulation, or order issued under 15 USC 796. such section.”.

REPORTS

15 USC 774.

Energy analysis.

Sec. 109. (a) Section 15 of the Federal Energy Administration Act of 1974 is amended

(1) by striking out subsection (a) thereof; and

(2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d), respectively. (b) Section 15(b) of such Act (as redesignated by subsection (a) of this section) is amended

(1) by striking out "and" in paragraph (4) after “period;";

(2) in paragraph (5) by striking out the period at the end thereof and inserting in lieu thereof; and”; and

(3) by inserting at the end of such subsection the following:

“(6) an analysis of the energy needs of the United States and the methods by which such needs can be met, including both tax

and nontax proposals and energy conservation strategies. In the first annual report submitted after the date of enactment of the Energy Conservation and Production Act, the Administrator shall include in such report with respect to the analysis referred to in paragraph (6) a specific discussion of the utility and relative benefits of employing a Btu tax as a means for obtaining national energy goals.".

(c) Section 15 of such Act (as amended by this section) is further amended by adding at the end thereof the following:

"(e) The analysis referred to in subsection (b) (6) shall include, for each of the next five fiscal years following the year in which the annual report is submitted and for the tenth fiscal year following such year

“(1) the effect of various conservation programs on such energy needs;

"(2) the alternate methods of meeting the energy needs identified in such annual report and of

“(A) the relative capital and other economic costs of each such method;

“(B) the relative environmental, national security, and balance-of-trade risks of each such method;

"(C) the other relevant advantages and disadvantages of each such method; and “(3) recommendations for the best method or methods of meeting the energy needs identified in such annual report and for legis

lation needed to meet those needs. Notwithstanding the termination of this Act, the President shall designate an appropriate Federal agency to conduct the analysis specified in subsection (b) (6).”.

(d) Section 18 (d) of the Federal Energy Administration Act of 1974 is amended by striking out "a report every six months” and inserting in lieu thereof "an annual report".

15 USC 777.

AUTHORIZATIONS OF APPROPRIATIONS

15 USC 761 note.

Sec. 110. Section 29 of the Federal Energy Administration Act of 1974 is amended to read as follows:

“Sec. 29. (a) There are authorized to be appropriated to the Federal Energy Administration the following sums:

“(1) subject to the restrictions specified in subsection (b), to carry out the functions identified as assigned to Executive Direction and Administration of the Federal Energy Administration as of January 1, 1976

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