Page:United States Statutes at Large Volume 91.djvu/807

 PUBLIC LAW 9 5 - 9 5 — A U G. 7, 1977 " (C) the promulgation or revision of any standard of performance under section 111 or emission standard under section 112, " (D) the promulgation or revision of any regulation pertaining to any fuel or fuel additive under section 211, " (E) the promulgation or revision of any aircraft emission standard under section 231, " (F) promulgation or revision of regulations pertaining to orders for coal conversion under section 1 1 3 (d)(5) (but not including orders g r a n t i n g or denying any such orders), " (G) promulgation or revision of regulations pertaining to p r i m a r y nonferrous smelter orders under section 119 (but not including the g r a n t i n g or denying of any such o r d e r), " (H) promulgation or revision of regulations under subtitle B of title I (relating to stratosphere and ozone protection), " (I) promulgation or revision of regulations under subtitle C of title I (relating to prevention of significant deterioration of air quality and protection of visibility), " (J) promulgation or revision of regulations under section 202 and test procedures for new motor vehicles or engines under section 206, and the revision of a standard under section 202 (a)(3), . . . " (K) promulgation or revision of regulations for noncompliance penalties under section 120, " (L) promulgation or revision of any regulations promulgated under section 207 (relating to warranties and compliance by vehicles in actual use), " (M) action of the Administrator under section 126 (relating to interstate pollution abatement), and " (N) such other actions as the Administrator may determine. The provisions of section 553 through 557 and section 706 of title 5 of the United States Code shall not, except as expressly provided in this subsection, apply to actions to which this subsection applies. This subsection shall not apply in the case of any rule or circumstance referred to in subparagraphs (A) or (B) of subsection 553(b) of title 5 of the United States Code. " (2) Not later than the date of proposal of any action to which this subsection applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a ' r u l e '). Whenever a rule applies only within a particular State, a second (identical) docket shall be simultaneously established in the appropriate regional office of the Environmental Protection Agency. " (3) I n the case of any rule to which this subsection applies, notice of proposed rulemaking shall be published in the Federal Register, as provided under section 553(b) of title 5, United States Code, shall be accompanied by a statement of its basis and purpose and shall specify the period available for public comment (hereinafter referred to as the 'comment period '). The notice of proposed rulemaking shall also state the doclcet number, the location or locations of the docket, and the times it will be open to public inspection. The statement of basis and T»urpose shall include a summary of— " (A) the factual data on which the proposed rule is based; " (B) the methodology used in obtaining the data and in analvzinfir the d a t a; and " (C) the major legal interpretations and policy considerations underlyinar the proposed rule. The statement shall also set forth or summarize and provide a refer-

91 STAT. 773

Ante, pp. 697, 699-701, 703; Post, p. 791. Ante, pp. 701, 703; Post, p. 796. Ante, pp. 762, 764; Post, p. 791. Ante, p. 769; j^iue, p. <ov Post, p. 791. Ante, p. 705. Ante, pp.. 709, 712. Ante, p. 726. Ante, p. 731. Ante, p. 702. Ante, p. 762. Ante, p. 765. Ante, p. 714. Ante, pp. 754-758. Ante, p. 724.

Rulemaking docket, establishment.

Publication in Federal Register.

Purpose statement, contents.

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