Page:United States Statutes at Large Volume 92 Part 3.djvu/685

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3317

(B) such exemption is necessary to permit the installation of substitute lighting where no adequate outdoor lighting (other than that using natural gas) exists on the date of the enactment of this

Act;

(C) compliance with such rule would entail substantial expense and would not be cost justified; or (D) the issuance of the exemption is in the public interest and is consistent with the purposes of this Act. (4) Determinations on any petition for an exemption under this section shall be made under criteria which the Secretary shall establish by rule, which rule shall be prescribed not later than 180 days after the effective date of this Act. (d) PROCEDURES.—Eules and orders under this section shall be made in accordance with the provisions of section 553 of title 5, United States Code, except that determinations on any petition for exemption under this section shall be made only after interested persons have been afforded an opportunity for a public hearing. Under rules prescribed by the Secretary, the Secretary may stay the application of any prohibition under subsection (b) applicable to any person pending the resolution of any petition for an exemption for such person. (e) AUTHORITY MAY B E DELEGATED TO STATES.—(1) Under regulations prescribed by the Secretary, the responsibility and authority of the Secretary with regard to outdoor lighting under this section may be delegated to the appropriate regulatory authority of a State if he determines that such delegation would be consistent with the purposes of this section. (2) Any delegation under paragraph (1) shall be on terms and conditions prescribed by the Secretary and may be rescinded by the Secretary at any time by notifying the State authority of such rescission. (3) Any State authority to which the Secretary has delegated authority under this subsection shall prepare and transmit reports to the Secretary on a periodic basis (as determined by the Secretary) on actions taken to carry out the purposes of this section. (f) DEFINITIONS.— As used in this section— (1) The term "outdoor lighting" means lighting by any stationary source which is not located inside any building. (2) The term "pipeline company" means any person engaged in the business of transporting natural gas by pipeline other than as a local distribution company. (3) The term "local distribution company" means any person engaged in the business of transportation and local distribution of natural gas and the sale of natural gas for ultimate consumption. (4) The term "residence" means any single or multiple family dwelling unit, including commonly held areas associated with any such unit. SEC. 403. CONSERVATION IN FEDERAL FACILITIES, CONTRACTS, AND FINANCIAL ASSISTANCE PROGRAMS. (a) FEDERAL FACILITIES.—(1) Each Federal agency owning or operating any electric powerplant, major fuel-burning installation, or other unit shall comply with any prohibition, term, condition, or other substantial or procedural requirement under this Act, to the same extent as would be the case if such powerplant, installation, or unit were owned or operated by a nongovernmental person.

Determinations,

Hearing,

Reports, transmittal to Secretary.

42 USC 8373,

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