Page:United States Statutes at Large Volume 92 Part 3.djvu/699

 PUBLIC LAW 95-620—NOV. 9, 1978

92 STAT. 3331

tunity to comment and question as is provided other interested persons under subsection (d). (g) FEDERAL TRADE COMMISSION COMMENT.—A copy of any proposed rule or order to be prescribed or issued by the Secretary which imposes a prohibition under this Act (other than under section 402 or 404) with respect to a major fuel-burning installation or a boiler subject to section 401 or a petition by such installation or boiler for an exemption (or permit) under this Act (other than under section 402 or 404), shall be transmitted by the Secretary to the Federal Trade Commission and the Secretary shall request such Commission to comment thereon within the period provided to the public. In any such case, the Federal Trade Commission shall be afforded the same opportunity to comment and question as is provided other interested persons under subsection (d). (h) COORDINATION W I T H OTHER PROVISIONS OF LAW.—(1) Except as

provided in sections 702(c)(4), 723 (d)(5), and 724 of this Act, title V of the Department of Energy Organization Act (42 TJ.S.C. 7191, et seq.) shall not apply with respect to this Act. (2) The preceding provisions of this section shall not apply with respect to any exercise of authority under section 404. (3) The procedures applicable under this Act shall not— (A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this Act (or provisions of law cited herein), or (B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms, referring to this Act, and declaring that such provision supersedes, in whole or in part, the procedures of this Act. SEC. 702. JUDICIAL REVIEW. (a) PUBLICATION AND DELAY OF PROHIBITION OR EXEMPTION TO 42 USC 8412. ALLOW FOR REVIEW.—Any final rule or order prescribed by the Secre- Publication in tary imposing a prohibition or granting an exemption (or permit) Federal Register.

under this Act shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published. (b) PUBLICATION OF DENIAL OF EXEMPTION OR PERMIT.—Any final order issued by the Secretary denying any petition for an exemption or a permit under this Act shall be published in the Federal Register, together with the reasons for such action. (c) JUDICIAL REVIEW.—(1) Any person aggrieved by any final rule or order referred to in subsection (a) or in section 404, or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in section 2112 of title 28, United States Code. (2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, United States Code, and to

Publication in Federal Register.

Transmittal to Secretary. Written submissions and transcript.

5 USC 701 et seq.

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