Page:United States Statutes at Large Volume 90 Part 1.djvu/1177

 PUBLIC LAW 94-385—AUG. 14, 1976 TITLE I—FEDERAL ENERGY ADMINISTRATION AMENDMENTS AND RELATED MATTERS

90 STAT. 1127 ACT Federal Energy A?Wdme"nts of 1976.

PART A—FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS SHORT

TITLE

SEC. 101. This title may be cited as the "Federal Energy Adminis- 15 USC 761 note, tration Act Amendments of 1976". L I M I T A T I O N O N DISCRETION OF ADMINISTRATOR W I T H 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: "(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 as one energy action any amendment to the regulation under section 4(a) of such Act, pursuant to section 12 of such Act, which amendment exempts any oil, refined petroleum product, or refined product 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.".

15 USC 764. 15 USC 754. 15 USC 753, Oa.

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 environment. 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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