Page:United States Statutes at Large Volume 89.djvu/1006

 89 STAT. 946

Post, p. 965.

PUBLIC LAW 94-163—DEC. 22, 1975 "(h) In any judicial review of an amendment required by this section to be submitted to the Congress in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, the reviewing court may not hold unlawful or set aside any such amendment on the ground that any findings made by the President were not adequate to meet the requirements of this section or of subparagraph (A), (E), or (F) of section 706(2) of title 5, United States Code. "PASSTHROUGHS OF PRICE DECREASES

15 USC 758.

"SEC. 9. Not later than the first day of the second full calendar month following the date of enactment of this section, the regulation under section 4(a) shall provide for a dollar-for-dollar passthrough in prices at all levels of distribution from the producer through the retail level of decreases in the costs of crude oil, residual fuel oil, and refined petroleum products (including decreases in costs which result from a reduction in the price of crude oil produced in the United States because of the amendment to such regulation required Ante, p. 942. under section 8(a)).". Repeal. (b)(1) Subsections (d), (e) and (g) of section 4 of the Emergency 15 USC 753. Petroleum Allocation Act of 1973 are repealed, and subsection (f) of such section 4 is redesignated as subsection " (d) " of such section 4. (2) Section 4(a) of such Act is amended by (A) striking out "Subject to subsection (f)" and inserting in lieu thereof "Subject to subsection (d) "; and (B) striking out "Except as provided m subsection (e) such" and inserting in lieu thereof "Such". (3) Section 4(c) of such Act is amended in paragraphs (1), (4), and (5) thereof by striking out "subsections (b) and (d) " wherever it appears and by inserting in lieu thereof in each case "subsection (b)". Repeal. (4) Section 406 of Public Law 93-153 is repealed. 12 USC 1904 (5) The amendments made by paragraphs (1), (2), (3), and (4) °^te. of this subsection, to the Emergency Petroleum Allocation Act of 15 lJSr^75^*^ 1973, shall take effect on the effective date of the amendment to the °^*' regulation under section 4(a), required by section 8(a) of such Act. LIMITATIONS ON PRICING POLICY

15 USC 753.

SEC. 402. (a) Paragraph (2) of section 4(b) of the Emergency Petroleum Allocation Act of 1973 is amended to read as follows: "(2) In specifying prices (or prescribing the manner for determining them), the regulation under subsection (a)— "(A) shall provide for a dollar-for-dollar passthrough of net increases in the cost of crude oil, residual fuel oil, and refined petroleum products at all levels of distribution from the producer through the retail level; "(B)(i) shall not permit any net crude oil cost increases— " (I) which are incurred by a refiner during the calendar month immediately preceding the effective date of this paragraph, or in any month thereafter, and " ( II) which are not passed through in prices charged pursuant to such regulation in the 2 calendar months following the calendar month in which such crude oil cost increases were incurred, to be passed through by such refiner in any month subsequent to the 2 calendar months following the calendar month in which such crude oil cost increases were incurred, unless the President makes the findings specified in clause (ii) (II) (aa), and such passthrough

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