petition or other documents in accordance with the provisions set forth in these regulations.

(2) If a petitioner's representative files any petition or other document, he must certify in the document that he is a duly authorized representative.

(c) Number of documents. A petitioner must file an executed original and fifteen (15) copies of all documents submitted to ERA.

(d) Labeling. A petition or other document filed with ERA must be clearly labeled, both on the document and on the outside of the envelope, according to the nature of the action involved (e.g., "Fuel Use Act: Petition for Exemption").

(e) Obligation to supply information. In any ERA proceeding, the petitioner and all parties to the proceeding are under a continuing obligation to provide ERA or the presiding officer with any new or newly discovered information believed to be relevant and material to that proceeding.

(f) The same or related matters. In filing a petition or other document requesting ERA action, the person must state whether, to the best of his knowledge, the same or a related issue, act or transaction has been or presently is being considered or investigated by a DOE office, other Federal agency, department or instrumentality, or a State or municipal agency.

(g) Request for confidential treatment. (1) If any person wishes to file a document with ERA claiming that some or all of the information contained in the document is exempt from the mandatory public disclosure requirements of the Freedom of Information Act (5 U.S.C. 552 as amended) or is otherwise exempt by law from public disclosure, and if the person wishes to request ERA not to disclose such information, the person must file, together with the document, a second copy of the document from which the information claimed to be confidential has been deleted, except as provided in paragraph (g)(5) of this section. The person must indicate what information is claimed to be confidential in the original document and must file a statement specifying the justification for nondisclosure. If the petitioner asserts that the information

comes within the exception in 5 U.S.C. 552(b)(4) for trade secrets and commercial or financial information, he must include a statement specifying why the information is confidential. (For additional guidance see 10 CFR 1004.)

(2) ERA retains the right to make its own determination with regard to any claim of confidentiality. Notice of the decision by ERA to deny the claim, in whole or in part, will be given to the person claiming the information is confidential no less than seven (7) days prior to the public disclosure of the information including an opportunity to respond or take other appropriate action to avoid such release.

(3) This subsection does not apply when information is being submitted on an ERA form that contains its own instructions as to requests for confidential treatment of information provided.

(4) A separate request for confidential treatment must be made with respect to each identified document and must be made at the time that document is first submitted to ERA.

(5) In the case of petitions for exemption, the petitioner must file an original and twelve (12) copies of the confidential document and three (3) copies of the document with confidential material deleted.

§ 501.8 [Reserved]

§ 501.9 Effective date of orders or rules.

When ERA issues a rule or order imposing a prohibition or granting an exemption (or permit) under FUA, the rule or order will be effective sixty (60) calendar days after publication in the FEDERAL REGISTER, unless it is stayed, modified, suspended or rescinded.

§ 501.10 Order of precedence.

If there is any conflict or inconsistency between the provisions of this part and any other provisions or parts of this chapter, except for general procedures which are unique to Parts 508 and 515, the provisions of this part will control with respect to procedure.

§ 501.11 Address of filing documents.

(a)(1) Send all petitions, forms, written communications, or other documents not included in paragraph (a)(2) of this section to the following address:

Economic Regulatory Administration, Case Control Unit (Fuel Use Act), Box 4629, Room 3214, 2000 M Street NW., Washington, D.C. 20461.

(2) Send all requests for interpretations and interpretive rulings to the following address:

Assistant General Counsel for Interpretations and Rulings, 1000 Independence Avenue SW., Forrestal Building, Washington, DC 20545.

(b) The DOE National Office has facilities for the receipt of transmission via TWX and FAX to its offices at 1000 Independence Avenue SW. (Forrestal) and 2000 M Street NW., (the FAX machines are 3M full duplex 4 or 6 minute (automatic)). For purposes of these regulations, all your transmissions should be to the facilities at 2000 M Street NW., except those to be sent to the Office of General Counsel, which should be transImitted to the facilities located at Forrestal.

FAX Numbers:

(202) 252-5100 (3M) (Forrestal). (202) 653-3613 (3M) (2000 M St.). TWX Numbers:

(710) 822–0176 (Forrestal).
(710) 822-9454 (2000 M St.).

§ 501.12 ERA public information office.

DOE will make available at Room B110, 2000 M Street, NW., Washington, D.C., for public inspection and copying:

(a) Each rule, order or other administrative determination that is issued as a final agency action on a matter before ERA;

(b) Any written comments received from interested persons in connection with issuance of a rule, order or other determination, modifications or rescissions or stays of rules, or determinations, and verbatim transcripts of any oral comments made at public hearings, or at prepetition conferences where a transcript was made;

(c) Any comments received during each rulemaking proceeding and a ver

batim transcript of any public hearings that may have been held in any rulemaking proceeding; and

(d) Any other information required by statute to be made available for public inspection and copying, and any information that ERA determines should be made available to the public.

§ 501.13 Appeal.

There is no administrative appeal of any final administrative action to which this part applies.

§ 501.14

Notice to Environmental Protection Agency and the Federal Trade Commission.

(a) A copy of any proposed rule or order that imposes a prohibition, or a petition for an exemption or permit, shall be transmitted for comments, if any, to the Administrator and the appropriate Regional Administrator of the Environmental Protection Agency. The Administrator of EPA shall be given the same opportunity within the comment period provided to the public to comment and question as is given to other interested persons.

(b) A copy of any proposed rule or order which imposes a prohibition with respect to an MFBI, or a petition by an MFBI for an exemption or permit, shall be transmitted for comments, if any, to the Federal Trade Commission. The Federal Trade Commission shall be given the same opportunity within the comment period provided to the public to comment and question as is given to other interested persons.

Subpart B-[Reserved]

Subpart C-Written Comments, Public Hearings and Conferences During Administrative Proceedings

§ 501.30 Purpose and scope.

This subpart establishes the procedures for requests for and the conduct of public hearings; for submitting written comments; and requests for and conduct of conferences pursuant to an administrative proceeding before ERA. Hearings shall be convened at the re

quest of any interested person, in accordance with section 701(d) of FUA, and shall be held at a time and place to be decided by the presiding officer.

§ 501.31 Written comments.

(a) New facilities. Except as may be provided elsewhere in these regulations, ERA shall provide a period of at least forty-five (45) days for submission of written comments concerning a proposed prohibition rule or order or a petition for an exemption or permit. This period shall commence in the case of a petition for an exemption on the day after publication of the notice of acceptance in the FEDERAL REGISTER in accordance with § 501.63(a). ERA shall also provide for a period of at least fourteen (14) days for submission of written comments concerning a tentative staff analysis. This period shall commence on the day after publication of the notice of availability of the tentative staff analysis in the FEDERAL REGISTER. The period may be extended by ERA in accordance with § 501.5. Written comments shall be filed in accordance with § 501.7.

(b) Existing facilities. Except as may be provided elsewhere in these regulations, ERA shall provide a period of at least 45 days for submission of written comments concerning a proposed prohibition rule or order or a petition for an exemption or permit. This period shall commence in the case of a petition for an exemption on the day after publication of the notice of acceptance in the FEDERAL REGISTER in accordance with § 501.63(a). In the case of a proposed prohibition rule or order, ERA shall also provide for a period of at least 45 days for submission of written comments concerning a tentative staff analysis. This period shall commence on the day after publication of the notice of availability of the tentative staff analysis in the FEDERAL REGISTER. The period may be extended by ERA in accordance with § 501.5. See § 501.51(b) of this part with respect to the comment periods applicable to prohibitions by order to existing facilities and the extension of such comment periods. Written comments shall be filed in accordance with § 501.7.

[45 FR 38286, June 6, 1980, and 45 FR 53693, Aug. 12, 1980]

§ 501.32 Conferences (other than prepetition conferences).

(a) At any time following commencement of a proceeding before ERA, an interested person may request a conference with the staff of ERA to discuss a petition, permit or any other issue pending before ERA. The request for a conference should generally be in writing and should indicate the subjects to be covered and should describe his interest in the proceeding. Conferences held after the commencement of an administrative proceeding before ERA shall be convened at the discretion of ERA or the presiding officer.

(b) When ERA convenes a conference in accordance with this section, any person invited may present views as to the issue or issues involved. Documentary evidence may be submitted at the conference and such evidence will be included in the administrative record. ERA will not normally have a transcript of the conference prepared but may do so at its discretion.

(c) Because a conference is solely for the exchange of views incident to a proceeding, there will be no formal reports or findings by ERA unless ERA in its discretion determines that it would be advisable. ERA will, however, place in the public file a record of any conference.

§ 501.33 Requests for a public hearing.

(a) New facilities. No later than fourteen (14) days after the publication of a notice of availability of a tentative staff analysis, any interested person may submit a written request that ERA convene a public hearing in accordance with section 701 of FUA. This time limit may be extended at the discretion of ERA. The request for a public hearing must include a description of the requesting party's interest in the issue or issues involved, and an outline of the anticipated content of the presentation proposed to be made. The request should, to the extent possible, indentify any witnesses that are intended to be called at the hearing and include, if possible, a summary of their anticipated testimony and/or questions expected to be asked.

(b) Existing facilities. In the case of a petition for an exemption from a prohibition imposed either by the Act or by a final rule or order issued by ERA to an existing facility under Title III of FUA, or a petition for an exemption or permit, if applicable, any interested person may submit a written request that ERA convene a public hearing in accordance with section 701 of FUA within 45 days after the notice of the filing of a petition is published in the FEDERAL REGISTER. In the case of a proposed prohibition rule or order, the 45-day period in which to request a public hearing shall commence upon the publication of the notice of availability of the tentative staff analysis. This time limit may be extended at the discretion of ERA. Any request for a public hearing must include a description of the requesting party's interest in the issue or issues involved, and an outline of the anticipated content of the proposal to be made. The request should, to the extent possible, identify any witnesses that are intended to be called at the hearing and include, if possible, a summary of their anticipated testimony, and questions to be posed.

[45 FR 38286, June 6, 1980, and 45 FR 53693, Aug. 12, 1980]

§ 501.34 Public hearing.

(a) A public hearing under this subsection is for the purposes of insuring that all issues are fully and properly developed, but is not an adjudicatory hearing, and the provisions of sections 554 and 556 of the Administrative Procedure Act (5 U.S.C. 554, 556) do not apply.

(b) Opportunity to be heard at a public hearing. (1) Any interested person, may request, and ERA will provide, an opportunity for him to present oral or written data, views and arguments at a public hearing on any proposed prohibition rule or order, hearing on a tentative staff analysis or on any petition for exemption or permit. An interested person may file a request to be listed as a party to a hearing on the service list prepared by the presiding officer pursuant to § 501.34(d). An interested person must submit a signed written request for a hearing or to participate in a hearing,

or to be included on the service list. It must include a description of the interest in the issue or issues involved and an outline of the anticipated content of the presentation.

(2) Participants at the public hearing will have an opportunity to present oral or written data, views and arguments.

(3) A person who has requested a public hearing may withdraw his request at any time. If other persons have requested to participate as parties in the public hearing by requesting that they be included in the presiding officer's service list, ERA may cancel the hearing only if these parties agree to cancellation. ERA will give notice, whenever possible, in the FEDERAL REGISTER of the cancellation of any hearings for which there has been prior notice.

(c) Presiding officer. ERA will appoint a presiding officer to conduct the public hearing.

(d) Powers of the presiding officer. The presiding officer is responsible for orderly conduct of the hearing and for certification of the record of the public hearing. The presiding officer will not prepare any recomended findings, conclusions, or any other recommendations for disposition of a particular case. The presiding officer has, but is not limited to the following powers:

(1) Administer oaths, affirmations and protective orders;

(2) Issue administrative subpoenas and rule on motions to modify or withdraw subpoenas that he has issued;

(3) Rule on questions as to relevance and materiality of evidence;

(4) Regulate the course of the public hearing;

(5) Hold conferences for the simplification of issues by consent of the parties;

(6) Require submission of evidence in writing where appropriate;

(7) Establish service lists; (8) Dispose of procedural requests and similar matters;

(9) Take other actions authorized by these rules.

The presiding officer may also limit the number of witnesses to be presented by any party and may impose rea

sonable time limits for testimony. The presiding officer shall establish and maintain a service list that contains the names and addresses of all parties to the ERA proceeding. At the time the presiding officer certifies the record, he will provide the staff of ERA which an index of the issues addressed in the record.

(e) Notice. ERA will convene a public hearing only after publishing a notice in the FEDERAL REGISTER that states the time, place and nature of the public hearing.

(f) Opportunity to question at the public hearing. At any public hearing requested pursuant to paragraph (b) of this section, with respect to disputed issues of material fact, ERA will provide any interested person an opportunity to question:

(1) Other interested persons who make oral presentations;

(2) Employees and contractors of the United States who have made written or oral presentations or who have participated in the development of the proposed rule or order or in the consideration of the petition for an exemption or permit; and

(3) Experts and consultants who have provided information to any person who makes an oral presentation and which is contained in or referred to in such presentation.

(g) ERA encourages persons who wish to question Government witnesses to submit their questions at least ten (10) days in advance of the hearing.

(h) The presiding officer will allow questions by any interested person to be asked of those making presentations or submitting information, data, analyses or views at the hearing. The presiding officer may restrict questioning if he determines that such questioning is duplicative or is not likely to result in a timely and effective resolution of issues pending in the administrative proceeding for which the hearing is being conducted.

(i) The presiding officer or ERA may exercise discretion to control a hearing by denying, temporarily or permanently, the privilege of participating in a particular ERA hearing if ERA finds for example that a person:

(1) Has knowingly made false or misleading statements, either orally or in writing;

(2) Has knowingly filed false affidavits or other writings;

(3) Lacks the specific authority to represent the person seeking an ERA action; or

(4) Has disrupted or is disrupting a hearing.

(j) Evidence. (1) The presiding officer is responsible for orderly submission of information, data, materials, views or other evidence into the record of the public hearing. The presiding officer may exclude any evidence that is irrelevant, immaterial or unduly repetitious. Judicial rules of evidence do not apply.

(2) Documentary material must be of a size consistent with ease of handling, transportation and filing, and a reasonable number of copies should be made available at the public hearing for the use of interested persons. An original and fourteen (14) copies shall be furnished to the presiding officer and one copy of each party listed on the service list. Large exhibits that are used during the hearing must be provided on no larger than 111⁄2" x 14" legal size paper if they are to be submitted into the hearing record.

(k) Hearing record. ERA will have a verbatim transcript made of the public hearing. The hearing record shall remain open for fourteen (14) days following the public hearing, during which time the participants at the hearing may submit additional written statements which will be made part of the administrative record and will be served by the presiding officer upon those parties listed on the service list. ERA may extend the period during which the hearing record remains open. The transcript, together with any written comments submitted in the course of the proceeding, will be made part of the record available for public inspection and copying at the ERA Public Information Office, as provided in § 501.12.

(1) ERA's record and decision. ERA's administrative record will consist of all relevant evidence presented at the public hearing, the written comments, and any other relevant information in the possession of ERA and made part