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Page:United States Statutes at Large Volume 89.djvu/938

 89 STAT. 878

50 USC app. 2401 note. 50 USC app. 2402.

Waiver. 5 USC 551.

Quarterly report to Congress.

PUBLIC LAW 94-163—DEC. 22, 1975 (2) Exemptions from any rule prohibiting crude oil or natural gas exports shall be included in such rule or provided for in an amendment thereto and may be based on the purpose for export, class of seller or purchaser, country of destination, or any other reasonable classification or basis as the President determines to be appropriate and consistent with the national interest and the purposes of this Act. (c) In order to implement any rule promulgated under subsection (a) of this section, the President may request and, if so, the Secretary of Commerce shall, pursuant to the procedures established by the Export Administration Act of 1969 (but without regard to the phrase "and to reduce the serious inflationary impact of foreign demand" in section 3(2)(A) of such Act), impose such restrictions as specified in any rule under subsection (a) on exports of coal, petroleum products, natural gas, or petrochemical feedstocks, and such supplies of materials and equipment. (d) Any finding by the President pursuant to subsection (a) or (b) and any action taken by the Secretary of Commerce pursuant thereto shall take into account the national interest as related to the need to leave uninterrupted or unimpaired— (1) exchanges in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state, (2) temporary exports for convenience or increased efficiency of transportation across parts of an adjacent foreign state which exports reenter the United States, and (3) the historical trading relations of the United States with Canada and Mexico. (e)(1) The provisions of subchapter II of chapter 5 of title 5, United States Code, shall apply with respect to the promulgation of any rule pursuant to this section, except that the President may waive the requirement pertaining to the notice of proposed rulemaking or period for comment only if he finds that compliance with such requirements may seriously impair his ability to impose effective and timely prohibitions on exports. (2) In the event such notice and comment period are waived with respect to a rule promulgated under this section, the President shall afford interested persons an opportunity to comment on any such rule at the earliest practicable date thereafter. (3) If the President determines to request the Secretary of Commerce to impose specified restrictions as provided for in subsection (c), the enforcement and penalty provisions of the Export Administration Act of 1969 shall apply, in lieu of this Act, to any violation of such restrictions. (f) The President shall submit quarterly reports to the Congress concerning the administration of this section and any findings made pursuant to subsection (a) or (b). MATERIALS ALLOCATION

50 USC app. 2071.

SEC. 104. (a) Section 101 of the Defense Production Act of 1950 is amended by adding at the end thereof the following new subsection: "(c)(1) Notwithstanding any other provision of this Act, the President may, by rule or order, require the allocation of, or the priority performance under contracts or orders (other than contracts of employment) relating to, supplies of materials and equipment in order to maximize domestic e n e r ^ supplies if he makes the findings required by paragraph (3) of this subsection.

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Page:United States Statutes at Large Volume 89.djvu/939

 PUBLIC LAW 94-163—DEC. 22, 1975 " (2) The President shall report to the Congress within sixty days after the date of enactment of this subsection on the manner in which the authority contained in paragraph (1) will be administered. This report shall include the manner in which allocations will be made, the procedure for requests and appeals, the criteria for determining priorities as between competing requests, and the office or agency which will administer such authorities. " (3) The authority granted in this subsection may not be used to require priority performance of contracts or orders, or to control the distribution of any supplies of materials and equipment in the marketplace, unless the President finds that— " (A) such supplies are scarce, critical, and essential to maintain or further (i) exploration, production, refining, transportation, or (ii) the conservation of energy supplies, or (iii) for the construction and maintenance of energy facilities; and " (B) maintenance or furtherance of exploration, production, refining, transportation, or conservation of energy supplies or the construction and maintenance of energy facilities cannot reasonably be accomplished without exercising the authority specified in paragraph (1) of this subsection, " (4) During any period when the authority conferred by this subsection is being exercised, the President shall take such action as may be appropriate to assure that such authority is being exercised in a manner which assures the coordinated administration of such authority with any priorities or allocations established under subsection (a) of this section and in effect during the same period.". (b)(1) The authority to issue any rules or orders under section 101 (c) of the Defense Production Act of 1950, as amended by this Act, shall expire at midnight December 31, 1984, but such expiration shall not affect any action or pending proceedings, civil or criminal, not finally determined on such date, nor any action or proceeding based upon any act committed prior to such date. (2) The expiration of the Defense Production Act of 1950 or any amendment of such Act after the date of enactment of this Act shall not affect the authority of the President under section 101(c) of such Act, as amended by subsection (a) of this section and in effect on the date of enactment of this Act, unless Congress by law expressly provides to the contrary.

89 STAT. 879 Report to Congress,

50 USC app. 2071 note. 50 USC app. 2071.

50 USC app. 2061. Ante, p. 878,

PROHIBITION OF CERTAIN LEASE BIDDING ARRANGEMENTS

SEC. 105. (a) The Secretary of the Interior shall, not later than 30 days after the date of enactment of this Act, prescribe and make effective a rule which prohibits the bidding for any r i g h t to develop crude oil, natural gas, and natural gas liquids on any lands located on the Outer Continental Shelf by any person if more than one major oil company, more than one affiliate of a major oil company, or a major oil company and any affiliate of a major oil company, has or have a significant ownership interest in such person. Such rule shall define affiliate relationships and significant ownership interests, (b) A s used in this section: (1) The term "major oil company" means any person who, individually or together with any other person with respect to which such person has an affiliate relationship or significant ownership interest, produced during a prior 6-month period specified by the Secretary, an average daily volume of 1,600,000

Rule.

42 USC 6213.

"Major oil company."

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Page:United States Statutes at Large Volume 89.djvu/940

 89 STAT. 880

Exemption.

Report to Congress.

PUBLIC LAW 94-163—DEC. 22, 1975 barrels of crude oil, natural gas liquids equivalents, and natural gas equivalents. (2) One barrel of natural gas equivalent equals 5,626 cubic feet of natural gas measured at 14.73 pounds per square inch (MSL) and 60 degrees Fahrenheit. (3) One barrel of natural gas liquids equivalent e<juals 1.454 barrels of natural gas liquids at 60 degrees Fahrenheit. (c) The Secretary may, by amendment to the rule, exempt bidding for leases for lands located in frontier or other areas determined by the Secretary to be extremely high risk lands or to present unusually high cost exploration, or development, problems. (d) This section shall not be construed to prohibit the unitization of producing fields to increase production or maximize ultimate recovery of oil or natural gas, or both. (e) The Secretary shall study and report to the Congress, not later than 6 months after the date of enactment of this Act, with respect to the feasibility and desirability of extending the prohibition on joint bidding to— (1) bidding for any right to develop crude oil, natural gas, and natural gas liquids on Federal lands other than those located on the Outer Continental Shelf; and (2) bidding for any right to develop coal and oil shale on such lands. PRODUCTION OF OIL OK GAS AT THE MAXIMUM E F F I C I E N T RATE AND TEMPORARY EMERGENCY PRODUCTION RATE

42 USC 6214.

SEC. 106. (a)(1) The Secretary of the Interior, by rule on the record after an opportunity for a hearing, shall, to the greatest extent practicable, determine the maximum efficient rate of production and, if any, the temporary emergency production rate for each field on Federal lands which produces, or is determined to be capable of producing, significant volumes of crude oil or natural gas, or both. (2) Except as provided in subsection (f), the President may, by rule or order, require crude oil or natural gas, or both, to be produced from fields on Federal lands designated by him— (A) at the maximum efficient rate of production, and (B) during a severe energy supply interruption, at the temporary emergency production rate as determined pursuant to paragraph (1) for such field. (b)(1) Each State or the appropriate agency thereof may, for the purposes of this section, pursuant to procedures and standards established by the State, determine the maximum efficient rate of production and, if any, the temporary emergency production rate, for each field (other than a field on Federal lands) within such State which produces, or is determined to be capable of producing, significant volumes of crude oil or natural gas, or Both. (2) If a State or the appropriate agency thereof has determined the maximum efficient rate of production and, if any, the temporary emergency production rate, or both, or their equivalents (however characterized), for any field (other than a field on Federal lands) within such State, the President may, by rule or order, during a severe energy supply interruption, require the production of such fields at the rates of production established by the State. (c) With respect to any field, which produces, or is determined to be capable of producing, significant volumes of crude oil, or natural gas, or both, which field is unitized and is composed of both Federal lands and lands other than Federal lands and there has been no determina-

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Page:United States Statutes at Large Volume 89.djvu/941

 PUBLIC LAW 94-163—DEC. 22, 1975 tion of the maximum efficient rate of production or the temporary emergency production rate or both, the Secretary of the Interior may, pursuant to subsection (a)(1), determine a maximum efficient rate of production and a temporary emergency production rate, if any, for such field. The President may, during a severe energy supply interruption by rule or order, require production at the maximum efficient rate of production and the temporary emergency production rate, if any, determined for such field. (d) If loss of ultimate recovery of crude oil or natural gas, or both, occurs or will occur as the result of a rule or order under the authority of this section to produce at the temporary emergency production rate, the owner of any property right who considers himself damaged by such order may bring an action in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution. (e) As used in this section: (1) The term "maximum efficient rate of production" means the maximum rate of production of crude oil or natural gas, or both, which may be sustained without loss of ultimate recovery of crude oil or natural gas, or both, under sound engineering and economic principles. (2) The term "temporary emergency production rate" means the maximum rate of production for a field— (A) which rate is above the maximum efficient rate of production established for such field; and (B) which may be maintained for a temporary period of less than 90 days without reservoir damage and without significant loss of ultimate recovery of crude oil or natural gas, or both, from such field. (f) Nothing in this section shall be construed to authorize the production of crude oil, or natural gas, or both, from any Naval Petroleum Reserve subject to the provisions of chapter 641 of title 10, United States Code. PART B—STRATEGIC PETROLEUM RESERVE

89 STAT. 881

"Maximum efficient rate of production."

"Temporary emergency production rate.'

10 USC 7421 et seq.

DECLARATIOlSr OF POLICY

SEC. 151. (a) The Congress finds that the storage of substantial 42 USC 6231. quantities of petroleum products will diminish the vulnerability of the United States to the effects of a severe energy supply interruption, and provide limited protection from the short-term, consequences of interruptions in supplies of petroleum products. (b) It is hereby declared to be the policy of the United States to provide for the creation of a Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products, but not less than 150 million barrels of petroleum products by the end of the 3-year period which begins on the date of enactment of this Act, for the purpose of reducing the impact of disruptions in supplies of petroleum products or to carry out obligations of the United States under the international energy program. I t is further declared to be the policy of the United States to provide for the creation of an Early Storage Reserve, as part of the Reserve, for the purpose of providing limited protection from the impact of near-term disruptions in supplies of petroleum products or to carry out obligations of the United States under the international energy program.

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Page:United States Statutes at Large Volume 89.djvu/942

 89 STAT. 882

PUBLIC LAW 94-163—DEC. 22, 1975 DEFINITIONS

42 USC 6232.

SEC. 152. As used in this part: (1) The term "Early Storage Reserve" means that portion of the Strategic Petroleum Reserve which consists of petroleum products stored pursuant to section 155. (2) The term "importer" means any person who owns, at the first place of storage, any petroleum product imported into the United States. (3) The term "Industrial Petroleum Reserve" means that portion of the Strategic Petroleum Reserve which consists of petroleum products owned by importers or refiners and acquired, stored, or maintained pursuant to section 156. (4) The term "interest in land" means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights. (5) The term "readily available inventories" means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks. (6) The term "refiner" means any person who owns, operates, or controls the operation of any refinery. (7) The term "Regional Petroleum Reserve" means that portion of the Strategic Petroleum Reserve which consists of petroleum products stored pursuant to section 157. (8) The term "related facility" means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines. (9) The term "Reserve" means the Strategic Petroleum Reserve. (10) The term "storage facility" means any facility or geological formation which is capable of storing significant quantities of petroleum products. (11) The term "Strategic Petroleum Reserve" means petroleum products stored in storage facilities pursuant to this part; such term includes the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve. STRATEGIC PETROLEUM RESERVE OFFICE

Establishment.

42 USC 6233.

SEC. 153. There is established, in the Federal Energy Administration, a Strategic Petroleum Reserve Office. The Administrator, acting through such Office and in accordance with this part, shall exercise authority over the establishment, management, and maintenance of the Reserve. STRATEGIC PETROLEUM RESERVE

42 USC 6234.

Plan, transmittal to Congress. Post, p. 965.

SEC. 154. (a) A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part. By the end of the 3-year period which begins on the date of enactment of this Act, the Strategic Petroleum Reserve (or the Early Storage Reserve authorized by section 155, if no Strategic Petroleum Reserve Plan has become effective pursuant to the provisions of section 159(a)) shall contain not less than 150 million barrels of petroleum products. (b) The Administrator, not later than December 15, 1976, shall prepare and transmit to the Congress, in accordance with section 551, a

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Page:United States Statutes at Large Volume 89.djvu/943

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 883

Strategic Petroleum Eeserve Plan. Such Plan shall comply with the provisions of this section and shall detail the Administrator's proposals for designing, constructing, and filling the storage and related facilities of the Reserve. (c)(1) To the maximum extent practicable and except to the extent that any change in the storage schedule is justified pursuant to subsection (e)(6), the Strategic Petroleum Reserve Plan shall provide that: (A) within 7 years after the date of enactment of this Act, the volume of crude oil stored in the Reserve shall equal the total volume of crude oil which was imported into the United States during the base period specified in paragraph (2); (B) within 18 months after the date of enactment of this Act, the volume of crude oil stored in the Reserve shall equal not less than 10 percent of the goal specified in subparagraph (A); (C) within 3 years after the date of enactment of this Act, the volume of crude oil stored in the Reserve shall equal not less than 25 percent of the goal specified in subparagraph (A); and (D) within 5 years after the date of enactment of this Act, the volume of crude oil stored in the Reserve shall equal not less than 65 percent of the goal specified in subparagraph (A). Volumes of crude oil initially stored in the Early Storage Reserve and volumes of crude oil stored in the Industrial Petroleum Reserve, and the Regional Petroleum Reserve shall be credited toward attainment of the storage goals specified in this subsection. (2) The base period shall be the period of the 3 consecutive months, Base period, during the 24-month period preceding the date of enactment of this Act, in which average monthly import levels were the highest. (d) The Strategic Petroleum Reserve Plan shall be designed to assure, to the maximum extent practicable, that the Reserve will minimize the impact of any interruption or reduction in imports of refined petroleum products and residual fuel oil in any region which the Administrator determines is, or is likely to become, dependent upon such imports for a substantial portion of the total energy requirements of such region. The Strategic Petroleum Reserve Plan shall be designed to assure, to the maximum extent practicable, that each noncontiguous area of the United States which does not have overland access to domestic crude oil production has its component of the Strategic Petroleum Reserve within its respective territory. (e) The Strategic Petroleum Reserve Plan shall include: Contents. (1) a comprehensive environmental assessment; (2) a description of the type and proposed location of each storage facility (other than storage facilities of the Industrial Petroleum Reserve) proposed to be included in the Reserve; (3) a statement as to the proximity of each such storage facility to related facilities; (4) an estimate of the volumes and types of petroleum products proposed to be stored in each such storage facility; (5) a projection as to the aggregate size of the Reserve, including a statement as to the most economically-efficient storage levels for each such storage facility; (6) a justification for any changes, with respect to volumes or dates, proposed in the storage schedule specified in subsection (c), and a program schedule for overall development and completion of the Reserve (taking into account all relevant factors, including cost effectiveness, the need to construct related facilities, and the ability to obtain sufficient quantities of petroleum products to fill the storage facilities to the proposed storage levels);

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Page:United States Statutes at Large Volume 89.djvu/944

 89 STAT. 884

PUBLIC LAW 94-163—DEC. 22, 1975 (7) an estimate of the direct cost of the Reserve, including— (A) the cost of storage facilities; (B) the cost of the petroleum products to be stored; (C) the cost of related facilities; and (D) management and operation costs; (8) an evaluation of the impact of developing the Reserve, taking into account— (A) the availability and the price of supplies and equipment and the effect, if any, upon domestic production of acquiring such supplies and equipment for the Reserve; (B) any fluctuations in world, and domestic, market prices for petroleum products which may result from the acquisition of substantial quantities of petroleum products for the Reserve; (C) the extent to which such acquisition may support otherwise declining market prices for such products; and (D) the extent to which such acquisition will affect competition in the petroleum industry; (9) an identification of the ownership of each storage and related facility proposed to be included in the Reserve (other than storage and related facilities of the Industrial Petroleum Reserve); (10) an identification of the ownership of the petroleum products to be stored in the Reserve in any case where such products are not owned by the United States; (11) a statement of the manner in which the provisions of this part relating to the establishment of the Industrial Petroleum Reserve and the Regional Petroleum Reserve will be implemented; and (12) a Distribution Plan setting forth the method of drawdown and distribution of the Reserve. EARLY STORAGE RESERVE

Establishment.

42 USC 6235.

Plan, transmittal to Congress.

SEC. 155. (a)(1) The Administrator shall establish an Early Storage Reserve as part of the Strategic Petroleum Reserve. The Early Storage Reserve shall be designed to store petroleum products, to the maximum extent practicable, in existing storage capacity. Petroleum products stored in the Early Storage Reserve may be owned by the United States or may be owned by others and stored pursuant to section 156(b). (2) If the Strategic Petroleum Reserve Plan has not become effective under section 159(a), the Early Storage Reserve shall contain not less than 150 million barrels of petroleum products by the end of the 3-year period which begins on the date of enactment of this Act. (b) The Early Storage Reserve shall provide for meeting regional needs for residual fuel oil and refined petroleum products in any region which the Administrator determines is, or is likely to become, dependent upon imports of such oil or products for a substantial portion of the total energy requirements of such region. (c) Within 90 days after the date of enactment of this Act, the Administrator shall prepare and transmit to the Congress an Early Storage Reserve Plan which shall provide for the storage of not less than 150 million barrels of petroleum products by the end of 3 years from the date of enactment of this Act. Such plan shall detail the Administrator's proposals for implementing the Early Storage Reserve requirements of this section. The Early Storage Reserve Plan shall, to the maximum extent practicable, provide for, and set forth

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Page:United States Statutes at Large Volume 89.djvu/945

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 885

the manner in which, Early Storage Reserve facilities will be incorporated into the Strategic Petroleum Reserve after the Strategic Petroleum Reserve Plan has become effective under section 159(a). The Early Storage Reserve Plan shall include, with respect to the Early Storage Reserve, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan, including a Distribution Plan for the Early Storage Reserve. INDUSTRIAL, PETROLEUM RESERVE

SEC. 156. (a) The Administrator may establish an Industrial Petro- Establishment. 42 USC 6236. leum Reserve as part of the Strategic Petroleum Reserve. (b) To implement the Early Storage Reserve Plan or the Strategic Petroleum Reserve Plan which has taken effect pursuant to section 159(a), the Administrator may require each importer of petroleum products and each refiner to (1) acquire, and (2) store and maintain in readily available inventories, petroleum products in amounts determined by the Administrator, except that the Administrator may not require any such importer or refiner to store such petroleum products in an amount greater than 3 percent of the amount imported or refined by such person, as the case may be, during the previous calendar year. Petroleum products imported and stored in the Industrial Petroleum Reserve shall be exempt from any tariff or import license fee. (c) The Administrator shall implement this section in a manner which is appropriate to the maintenance of an economically sound and competitive petroleum industry. The Administrator shall take Relief. such steps as are necessary to avoid inequitable economic impacts on refiners and importers, and he may grant relief to any refiner or importer who would otherwise incur special hardship, inequity, or unfair distribution of burdens as the result of any rule, regulation, or order promulgated under this section. Such relief may include full or partial exemption from any such rule, regulation, or order and the issuance of an order permitting such an importer or refiner to store petroleum products owned by such importer or refiner in surplus storage capacity owned by the iQnited States. REGIOXAL PETROLEUM RESERVE

SEC. 157. (a) The Strategic Petroleum Reserve Plan shall provide 42 USC 6237. for the establishment and maintenance of a Regional Petroleum Reserve in, or readilv accessible to, each Federal Energy Administration Region, as defined in title 10, Code of Federal Regulations in effect on November 1, 1975, in which imports of residual fuel oil or any refined petroleum product, during the 24-month period preceding the date of computation, equal more than 20 percent of demand for such oil or product in such regions during such period, as determined by the Administrator. Such volume shall be computed annually. (b) To implement the Strategic Petroleum Reserve Plan, the Administrator shall accumulate and maintain in or near any such Federal Energy Administration Region described in subsection (a), a Regional Petroleum Reserve containing volumes of such oil or product, described in subsection (a), at a level adequate to provide substantial protection against an interruption or reduction in imports of such oil or product to such region, except that the level of any such Regional Petroleum Reserve shall not exceed the aggregate volume of imports of such oil or product into such region during the period of the 3 consecutive months, during the 24-month period specified in subsection

1QA r* _ '77 _ «n

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Page:United States Statutes at Large Volume 89.djvu/946

 89 STAT. 886

PUBLIC LAW 94-163—DEC. 22, 1975 (a), in which average monthly import levels were the highest, as determined by the Administrator. Such volume shall be computed annually, (c) The Administrator may place in storage crude oil, residual fuel oil, or any refined petroleum product in substitution for all or part of the volume of residual fuel oil or any refined petroleum product stored in any Eegional Petroleum Reserve pursuant to the provisions of this section if he finds that such substitution (1) is necessary or desirable for purposes of economy, efficiency, or for other reasons, and (2) may be made without delaying or otherwise adversely affecting the fulfillment of the purpose of the Regional Petroleum Reserve. OTHER STORAGE RESERVES

Report to Congress.

42 USC 6238.

SEC. 158. Within 6 months after the Strategic Petroleum Reserve Plan is transmitted to the Congress, pursuant to the requirements of section 154(b), the Administrator shall prepare and transmit to the Congress a report setting forth his recommendations concerning the necessity for, and feasibility of, establishing— (1) Utility Reserves containing coal, residual fuel oil, and refined petroleum products, to be established and maintained by major fossil-fuel-fired baseload electric power generating stations; (2) Coal Reserves to consist of (A) federally-owned coal which is mined by or for the United States from Federal lands, and (B) Federal lands from which coal could be produced with minimum delay; and (3) Remote Crude Oil and Natural Gas Reserves consisting of crude oil and natural gas to be acquired and stored by the United States, in place, pursuant to a contract or other agreement or arrangement entered into between the United States and persons who discovered such oil or gas in remote areas. REVIEW BY CONGRESS AND IMPLEMENTATION

42 USC 6239.

Post, p. 965.

Proposals, transmittal to Congress.

Amendments to plans and explanatory statement, transmittal to

SEC. 159. (a) The Strategic Petroleum Reserve Plan shall not become effective and may not be implemented, unless— (1) the Administrator has transmitted such Plan to the Congress pursuant to section 154(b); and (2) neither House of Congress has disapproved (or both Houses have approved) such Plan, in accordance with the procedures specified in section 551. (b) For purposes of congressional review of the Strategic Petroleum Reserve Plan under subsection (a), the 5 calendar days described in section 551(f)(4)(A) shall be lengthened to 15 calendar days, and the 15 calendar days described in section 551(c) and (d) shall be lengthened to 45 calendar days. (c) The Administrator may, prior to transmittal of the Strategic Petroleum Reserve Plan, prepare and transmit to the Congress proposals for designing, constructing, and filling storage or related facilities. Any such proposal shall be accompanied by a statement explaining (1) the need for action on such proposals prior to completion of such Plan, (2) the anticipated role of the proposed storage or related facilities in such Plan, and (3) to the maximum extent practicable, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan. (d) The Administrator may prepare amendments to the Strategic Petroleum Reserve Plan or to the Early Storage Reserve Plan. He shall transmit any such amendment to the Congress together with a

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Page:United States Statutes at Large Volume 89.djvu/947

 PUBLIC LAW 94-163—DEC. 22, 1975 statement explaining the need for such amendment and, to the maximum extent practicable, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan. (e) Any proposal transmitted under subsection (c) and any amendment transmitted under subsection (d), other than a technical or clerical amendment or an amendment to the Early Storage Reserve Plan, shall not become effective and may not be implemented unless— (1) the Administrator has transmitted such proposal or amendment to the Congress in accordance with subsection (c) or (d) (as the case may be), and (2) neither House of Congress has disapproved (or both Houses of Congress have approved) such proposal or amendment, in accordance with the procedures specified in section 551. (f) To the extent necessary or appropriate to implement— (1) the Strategic Petroleum Reserve Plan which has taken effect pursuant to subsection (a); (2) the Early Storage Reserve Plan; (3) any proposal described in subsection (c), or any amendment described in subsection (d), which such proposal or amendment has taken effect pursuant to subsection (e); and (4) any technical or clerical amendment or any amendment to the Early Storage Reserve Plan, the Administrator may: (A) promulgate rules, regulations, or orders; (B) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities; (C) construct, purchase, lease, or otherwise acquire storage and related facilities; (D) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired pursuant to this part; (E) acquire, subject to the provisions of section 160, by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve, including the Early Storage Reserve and the Regional Petroleum Reserve; (F) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if such facilities are subject to audit by the United States; (G) execute any contracts necessary to carry out the provisions of such Strategic Petroleum Reserve Plan, Early Storage Reserve Plan, proposal or amendment; (H) require any importer of petroleum products or any refiner to (A) acquire, and (B) store and maintain in readily available inventories, petroleum products in the Industrial Petroleum Reserve, pursuant to section 156; (I) require the storage of petroleum products in the Industrial Petroleum Reserve, pursuant to section 156, on such reasonable terms as the Administrator may specify in storage facilities owned and controlled by the United States or in storage facilities other than those owned by the United States if such facilities are subject to audit by the United States; (J) require the maintenance of the Industrial Petroleum Reserve; (K) maintain the Reserve; and (L) bring an action, whenever he deems it necessary to implement the Strategic Petroleum Reserve Plan, in any court having

89 STAT. 887

Rules and regulations,

Condemnation proceeding.

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Page:A book of the Pyrenees.djvu/155

Rh are eruptive dykes of ophite, a rock somewhat abundant in this valley.

Bedous is now the most considerable place in the valley, much more busy and fuller of inhabitants than the cantonal capital Accous. At Accous is an obelisk erected to the memory of the Béarnais poet, Despourrins (1690-1759), who was a native of the place.

One day an English general, crossing from Spain and descending the Val d'Aspe, encountered a little shepherd boy with quick eye and intelligent face, whom he questioned about objects of interest in the neighbourhood. Pleased with the lad, he invited him to enter his service as valet, and the youth, who had a rough time at home, without more ado clambered on to the box to travel to distant and unknown regions. This little shepherd was called Loustaunau, and he followed the officer to India. When his master died he sought to make his fortune by starting a house of commerce in the territory of the Mogul. Then war broke out between the Emperor of Delhi and the Nabob of Lahore.

Chancing to witness a battle between them from an eminence, Loustaunau remarked to a Banian that the disposition of the Mogul army was faulty. "If," said he, "I had the command of 1200 horsemen, and had a couple of cannon, I would soon determine the battle." What he had said was reported to the Great Mogul, who at once gave him what he desired. The Béarnais jumped on the back of a horse, took the command of a troop, and ranged it behind a bit of rising ground, placed his guns where he could rake the enemy, and charged the centre of the enemy, and broke it, whilst his cannon pounded the troops of the Nabob. The victory was complete.

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Page:United States Statutes at Large Volume 89.djvu/948

 89 STAT. 888

PUBLIC LAW 94-163—DEC. 22, 1975 jurisdiction of such proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located thereon or used therewith, (g) Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgment of the Administrator be futile or so time-consuming as to unreasonably delay the implementation of the Strategic Petroleum Reserve Plan, because of (1) reasonaible doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons. PETROLEUM PRODUCTS FOR STORAGE I N THE RESERVE

42 USC 6240.

SEC. 160. (a) The Administrator is authorized, for purposes of implementing the Strategic Petroleum Reserve Plan or the Early Storage Reserve Plan, to place in storage, transport, or exchange— (1) crude oil produced from Federal lands, including crude oil produced from the Naval Petroleum Reserves to the extent that such production is authorized by law; (2) cnide oil which the United States is entitled to receive in kind as royalties from production on Federal lands; and (3) petroleum products acquired by purchase, exchange, or otherwise. (b) The Administrator shall, to the greatest extent practicable, acquire petroleum products for the Reserve, including the Early Storage Reserve and the Regional Petroleum Reserve in a manner consonant with the following objectives: (1) minimization of the cost of the Reserve; (2) orderly development of the Naval Petrolevim Reserves to the extent authorized by law; (3) minimization of the Nation's vulnerability to a severe energy supply interruption; (4) minimization of the impact of such acquisition upon supply levels and market forces; and (5) encouragement of competition in the petroleum industry. DRAWDOWN AND DISTRIBUTION OF THE RESERVE

42 USC 6241.

SEC. 161. (a) The Administrator may drawdown and distribute the Reserve only in accordance with the provisions of this section. (b) Except as provided in subsections (c) and (f), no drawdown and distribution of the Reserve may be made except in accordance with the provisions of the Distribution Plan contained in the Strategic Petroleum Reserve Plan which has taken effect pursuant to section 159(a). (c) Drawdown and distribution of the Early Storage Reserve may be made in accordance with the provisions of the Distribution Plan contained in the Early Storage Reserve Plan until the Strategic Petroleum Reserve Plan has taken effect pursuant to section 159(a). (d) Neither the Distribution Plan contained in the Strategic Petroleum Reserve Plan nor the Distribution Plan contained in the Early Storage Reserve Plan may be implemented, and no drawdown and distribution of the Reserve or the Early Storage Reserve may be made, unless the President has found that implementation of either such Distribution Plan is required by a severe energy supply interruption or by obligations of the United States under the international energy program.

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Page:United States Statutes at Large Volume 89.djvu/949

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT.. 889

(e) The Administrator may, by rule, provide for the allocation of Rules, any petroleum product withdrawn from the Strategic Petroleum Reserve in amounts specified in (or determined in a manner prescribed by) and at prices specified in (or determined in a manner prescribed by) such rules. Such price levels and allocation procedures shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973. 15 USC 753. (f) The Administrator may permit any importer or refiner who owns any petroleum products stored in the Industrial Petroleum Reserve pursuant to section 156 to remove or otherwise dispose of such products upon such terms and conditions as the Administrator may prescribe. COORDINATION W I T H IMPORT QUOTA SYSTEM

SEC. 162. Xo quantitative restriction on the importation of any petroleum pi"oduct into the United States imposed by law shall apply to volumes of any such petroleum product imported into the United States for storage in the Reserve.

42 USC 6242.

DISCLOSURE, INSPECTION, INVESTIGATION

SEC. 163. (a) The Administrator may require any person to prepare and maintain such records or accounts as the Administrator, by rule, determines necessary to carry out the purposes of this part. (b) The Administrator may audit the operations of any storage facility in which any petroleum product is stored or required to be stored pursuant to the provisions of this part. (c) The Administrator may require access to, and the right to inspect and examine, at reasonable times, (1) any records or accounts required to be prepared or maintained pursuant to subsection (a) and (2) any storage facilities subject to audit by the United States under the authority of this part.

Recordkeeping. 42 USC 6243. Audit.

Access.

NAVAL PETROLEUM RESERVES STUDY

SEC. 164. The Administrator shall, in cooperation and consultation with the Secretary of the Navy and the Secretary of the Interior, develop and submit to the Congress within 180 days after the date of enactment of this Act, a written report recommending procedures for the exploration, development, and production of Naval Petroleum Reserve Number 4. Such report shall include recommendations for protecting the economic, social, and environmental interests of Alaska Natives residing within the Naval Petroleum Reserve Number 4 and analyses of arrangements which provide for (1) participation by private industry and private capital, and (2) leasing to private industry. The Secretary of the Navy and the Secretary of the Interior shall cooperate fully with one another and with the Administrator; the Secretary of the Navy shall provide to the Administrator and Secretary of the Interior all relevant data on Naval Petroleum Reserve Number 4 in order to assist the Administrator in the preparation of such report.

Report to Congress. 42 USC 6244.

A N N U A L REPORTS

SEC. 165. The Administrator shall report to the President and the Congress, not later than one year after the transmittal of the Strategic Petroleum Reserve Plan to the Congress and each year thereafter, on all actions taken to implement this part. Such report shall include—

Report to Congress and President. 42 USC 6245.

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Page:United States Statutes at Large Volume 89.djvu/950

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 890

(1) a detailed statement of the status of the Strategic Petroleum Reserve; (2) a summary of the actions taken to develop and implement the Strategic Petroleum Reserve Plan and the Early Storage Reserve Plan; (3) an analysis of the impact and effectiveness of such actions on the vulnerability of the United States to interruption in supplies of petroleum products; (4) a summary of existing problems with respect to further implementation of the Early Storage Reserve Plan and the Strategic Petroleum Reserve Plan; and (5) any recommendations for supplemental legislation deemed necessary or appropriate by the Administrator to implement the provisions of this part. AUTHORIZATION' OP APPROPRIATIONS

42 USC 6246.

SEC. 166. There are authorized to be appropriated—• (1) such funds as are necessary to develop and implement the Early Storage Reserve Plan (including planning, administration, acquisition, and construction of storage and related facilities) and as are necessary to permit the acquisition of petroleum products for storage in the Early Storage Reserve or, if the Strategic Petroleum Reserve Plan has become effective under section 159(a), for storage in the Strategic Petroleum Reserve in the minimum volume specified in section 154(a) or 155(a)(2), whichever is applicable; and (2) $1,100,000,000 to remain available until expended to carry out the provisions of this part to develop the Strategic Petroleum Reserve Plan and to implement such plan which has taken effect pursuant to section 159(a), including planning, administration, and acquisition and construction of storage and related facilities, but no funds are authorized to be appropriated under this pararaph for the purchase of petroleum products for storage m the trategic Petroleum Reserve.

§

TITLE II—STANDBY ENERGY A U T H O R I T I E S PART A—GENERAL EMERGENCY AUTHORITIES CONDITIONS OF EXERCISE OF ENERGY CONSERVATION AND RATIONING AUTHORITIES

Plans, transmittal to Congress.

42 USC 6261.

"Contingency plan."

SEC. 201. (a)(1) Within 180 days after the date of enactment of this Act, the President shall transmit to the Congress pursuant to subsection (b)(1) one or more energy conservation contingency plans and a rationing contingency plan. The President may at any time submit additional contingency plans. A contingency plan may become effective only as provided in this section. Such plan may remain in effect for a period specified in the plan but not more than 9 months, unless earlier rescinded by the President. (2) For purposes of this section, the term "contingency plan" means— (A) an energy conservation contingency plan prescribed under section 202; or (B) a rationing contingency plan prescribed under section 203.

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Page:United States Statutes at Large Volume 89.djvu/951

 PUBLIC LAW 94-163—DEC. 22, 1975 (b) Except as otherwise provided in subsection (d) or (e) and subject to the requirements of subsection (c), no contingency plan may become effective, unless— (1) the President has transmitted such contingency plan to the Congress in accordance with section 552(a); (2) such contingency plan has been approved by a resolution by each House of Congress in accordance with the procedures specified in section 552; and (3) after approval of such contingency plan the President— (A) has found that putting such contingency plan into effect is required by a severe energy supply interruption or in order to fulfill obligations of the United States under the international energy program, and (B) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such plan. (c) In addition to the requirements of subsection (b), a rationing contingency plan approved under subsection (b)(2) may not become effective unless— (1) the President has transmitted to the Congress in accordance with section 551(b) a request to put such rationing contingency plan into effect, and (2) neither house of Congress has disapprov^ed (or both Houses have approved) such request in accordance wath the procedures specified in section 551. (d)(1) Except as provided in paragraph (2) or (3), a contingency plan may not be amended unless the Pi'esident has transmitted such amendment to the Congress in accordance with section 552 and each House of Congress has approved such amendment in accordance with the procedures specified in section 552. (2) An amendment to a contingency plan which is transmitted to the Congress during any period in which such plan is in effect may take effect if the President has transmitted such amendment to the Congress in accordance with section 551(b) and neither House of Congress has disapproved (or both Houses have approved) such amendment in accordance with the procedures specified in section 551. (3) The President may prescribe technical or clerical amendments to a contingency plan in accordance with section 523. (e) Beginning at any time during the 90-day period which begins on the date of enactment of this Act, the President may put a contingency plan into effect for a period of not more than 60 days if— (1) the President— (A) has found that putting such contingency plan into effect is required by a severe energy supply interruption or is necessary to comply with obligations of the United States under the international energy program; and (B) has transmitted such contingency plan to the Congress in accordance with section 551(b), together with a request to put such plan into effect; and (2) neither House of Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551. (f) Any contingency plan which the President transmits to the Congress pursuant to subsection (b)(1) or (e)(1)(B) shall contain a specific statement explaining the need for and the rationale and operation of such plan and shall be based upon a consideration of, and to the extent practicable, be accompanied by an evaluation of, the potential economic impacts of such plan, including an analysis of—

89 STAT. 891

Post, p. 967.

Post, p. 965.

Plan amendments, transmittal to ong^'^^*-

Post, p. 962.

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Page:United States Statutes at Large Volume 89.djvu/952

 89 STAT. 892

PUBLIC LAW 94-163—DEC. 22, 1975 (1) any effects of such plan on— (A) vital industrial sectors of the economy; (B) employment (on a national and regional basis); (C) the economic vitality of States and regional areas; (D) the availability and price of consumer goods and services; and (E) the gross national product; and (2) any potential anticompetitive effects. E N E R G r CONSERVATION C O N II N G E N C Y

42 USC 6262. Post, p. 962. "Energy conservation contingency plan."

PLANS

SEC. 202. (a)(1) The President shall prescribe, in accordance with section 523(a), one or more energy conservation contingency plans. As used in this section, the term "energy conservation contingency plan" means a plan which imposes reasonable restrictions on the public or private use of energy which are necessary to reduce energy consumption. In prescribing energy conservation contingency plans, the President shall take into consideration the mobility needs of the handicapped, as defined in section 203(a)(2)(B). (2) An energy conservation contingency plan prescribed under this section may not— (A) impose rationing or any tax, tariff, or user fee; (B) contain any provision respecting the price of petroleum products; or (C) provide for a credit or deduction in computing any tax. (b) An energy conservation contingency plan shall apply in each State or political subdivision thereof, except such plan may provide for procedures for exempting any State or political subdivision thereof from such plan, in whole or part, during a period for which (1) the President determines a comparable program of such State or political subdivision is in effect, or (2, the President finds special circumstances exist in such State or political subdivision. (c) Any energy conservation contingency plan shall not deal with more than one logically consistent subject matter. RATIONING CONTINGENCY PLAN

Rules. 42 USC 6263. 15 USC 754. 15 USC 753.

SEC 203. (a)(1) The President shall prescribe, by rule in accordance with section 523(a) of this Act, a rationing contingency plan which shall, for purposes of enforcement under section 5 of the Emergency Petroleum Allocation Act of 1973, be deemed a part of the regulation under section 4(a) of the Emergency Petroleum Allocation Act of 1973 and which shall provide, consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of such Act— (A) for the establishment of a program for the rationing and ordering of priorities among classes of end-users of gasoline and diesel fuel used in motor vehicles, and (B) for the assignment of rights, and evidence of such rights, to end-users of gasoline and such diesel fuel, entitling such endusers to obtain gasoline or such diesel fuel in precedence to other classes of end-users not similarly entitled. (2)(A) For purposes of paragraph (1), the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 shall be deemed to include consideration of the mobility needs of handicapped persons and their convenience in obtaining the enduser's rights specified in paragraph (1).

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Page:United States Statutes at Large Volume 89.djvu/953

 PUBLIC LAW 94-163—DEC. 22, 1975 (B) For purposes of this part, the term "handicapped person" means any individual who, by reason of disease, injury, age, congenital malfunction, or other permanent incapacity or disability, is unable without special facilities, planning or design to utilize mass transportation vehicles, facilities, and services and who has a substantial, permanent impediment to mobility. (b) Any finding required to be made by the President pursuant to section 201(b)(3) and any request to put a rationing contingency plan into effect pursuant to section 201(e) shall be accompanied by a finding of the President that such plan is necessary to attain, to the maximum extent practicable, the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 and the purposes of this Act. (c) The President shall, by order under section 4 of the Emergency Petroleum Allocation Act of 1973, for the purpose of carrying out a rationing contingency plan which is in effect, cause such adjustments to be made in the allocations made pursuant to the regulation under section 4(a) of such Act as the President determines to be necessary to carry out the purposes of this section and to be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of such Act and the purposes of this Act. (d)(1) The President shall, to the extent practicable, provide for the use of local boards described in paragraph (2) with authority to— (A) receive petitions from any end-user of gasoline and diesel fuel used in motor vehicles with respect to the priority and entitlement of such user under a rationing contingency plan, and (B) order a reclassification or modification of any determination made under a rationing contingency plan with respect to such end-user's rationing priority or rights specified in paragraph (1). Such boards shall operate under the procedures prescribed by the President by rule. (2) Not later than 30 days after the date of the approval of a rationing contingency plan pursuant to section 201(b)(2), the President shall, by rule, prescribe— (A) criteria for delegation of his functions, in whole or part, under this Act with respect to such rationing contingency plan to officers or local boards (of balanced composition reflecting the community as a whole) of States or political subdivisions thereof; and (B) procedures for petitioning for the receipt of such delegation. (3)(A) Officers or local boards of States or political subdivisions thereof, following the establishment of criteria and procedures under paragraph (2), may petition the President to receive delegation under such paragraph. (B) The President shall, within 30 days after the date of the receipt of any such petition which is properly submitted, grant or deny such petition. (e) No rationing contingency plan under this section may— (1) impose any tax, (2) provide for a credit or deduction in computing any tax, or (3) impose any user fee, except to the extent necessary to defray the cost of administering the rationing contingency plan or to provide for initial distribution of end-user rights specified in paragraph (1). (f) Notwithstanding section 531, all authority to carry out any rationing contingency plan shall expire on the same date as authority

89 STAT. 893 "Handicapped person."

15 USC 753.

Petition,

Post, p. 965.

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Page:United States Statutes at Large Volume 89.djvu/954

 89 STAT. 894

PUBLIC LAW 94-163—DEC. 22, 1975

to issue and enforce rules and orders under the Emergency Petroleum 15 USC 751 note. Allocation Act of 1973. P A R T B—^AUTHORITIES W I T H RESPECT TO INTERNATIONAL E N E R G Y PROGRAM INTERNATIONAL

42 USC 6271.

Rule, transmittal to Congress.

15 USC 753.

30 USC 185.

OIL ALLOCATION

SEC. 251. (a) The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President. (b)(1) No rule under subsection (a) may take effect unless the President— (A) has transmitted such rule to the Congress; (B) has found that p u t t i n g such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and (C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule. (2) No rule under subsection (b) may be p u t into effect or remain in effect after the expiration of 12 months after the date such rule was transmitted to Congress under paragraph (1)(A). (c)(1) Any rule under this section shall be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973. (2) No officer or agency of the United States shall have any authority, other than authority under this section, to require that petroleum products be allocated to other countries for the purpose of implementation of the obligations of the United States under the international energy program. (d) Neither section 103 of t h i s Act nor section 28(u) of the Mineral Leasing Act of 1920 shall preclude the allocation and export, to other countries in accordance with this section, of petroleum products produced in the United States. INTERNATIONAL VOLUNTARY AGREEMENTS

Effective date.

42 USC 6272.

SEC. 252. (a) Effective 90 days after the date of enactment of this Act, the requirements of this section shall be the sole procedures applicable to— (1) the development or carrying out of voluntary agreements and plans of action to implement the allocation and information provisions of the international energy program, and

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Page:United States Statutes at Large Volume 89.djvu/955

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 895

(2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action. (b) The Administrator, with the approval of the Attorney General, Standards and after each of them has consulted with the Federal Trade Commission procedures. and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the allocation and information provisions of the international energy program. (c) The standards and procedures prescribed under subsection (b) shall include the following requirements: (l)(A)(i) Except as provided in clause (ii) or (iii) of this Meetings, notice, subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full-time Federal employee. (ii) Meetings of bodies created by the International Energy Agency established by the international energy program need not be open to interested persons and need not be initiated and chaired by a regular full-time Federal employee. (iii) The President, in consultation with the Administrator, the Secretary of State, and the Attorney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attendance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy interests of the United States. (B) No meetings may be held to develop or carry out a voluntary agreement or plan of action under this section unless a regular full-time Federal employee is present. (2) Interested persons permitted to attend such a meeting shall Comments. be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings, subject to any reasonable limitations with respect to the manner of presentation of data, views, and arguments as the Administrator may impose. (3) A full and complete record, and where practicable a Record and verbatim transcript, shall be kept of any meeting held, and a full transcript. and complete record shall be kept of any communication (other than in a meeting) made, between or among participants or potential participants, to develop, or carry out a voluntary agreement or a plan of action under this section. Such record or transcript Availability, shall be deposited, together with any agreement resulting therefrom, with the Administrator, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspection and copying in accordance with section 552 of title 5, United States Code; except that (A) matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified

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Page:United States Statutes at Large Volume 89.djvu/956

 89 STAT. 896 5 USC 552.

Publication in Federal Register.

Rules.

PUBLIC LAW 94-163—DEC. 22, 1975 in section 552(b)(1), (b)(3), or so much, of (b)(4) as relates to trade secrets; and (B) in the exercise of authority under section 552 (b)(1), the President shall consult with the Secretary of State, the Administrator, and the Attorney General with respect to questions relating to the foreign policy interests of the United States. (4) No provision of this section may be exercised so as to prevent representatives of committees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agreements kept or made under this section. (d)(1) The Attorney General and the Federal Trade Commission shall participate from the beginning in the development, and when practicable, in the carrying out of voluntary agreements and plans of action authorized under this section. Each may propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of this part. A voluntary agreement or plan of action under this section may not be carried out unless approved by the Attorney General, after consultation with the Federal Trade Commission. Prior to the expiration of the period determined under paragraph (2), the Federal Trade Commission shall transmit to the Attorney General its views as to whether such an agreement or plan of action should be approved, and shall publish such views in the Federal Register. The Attorney General, in consultation with the Federal Trade Commission, the Secretary of State, and the Administrator, shall have the right to review, amend, modify, disapprove, or revoke, on his own motion or upon the request of the Federal Trade Commission or any interested person, any voluntary agreement or plan of action at any time, and, if revoked, thereby withdraw prospectively any immunity which may be conferred by subsection (f) or (k). (2) Any voluntary agreement or plan of action entered into pursuant to this section shall be submitted in writing to the Attorney General and the Federal Trade Commission 20 days before being implemented; except that during an international energy supply emergency, the Administrator, subject to approval of the Attorney General, may reduce such 20-day period. Any such agreement or plan of action shall be available for public inspection and copying, except that a plan of action shall be so available only to the extent to which records or transcripts are so available as provided in the last sentence of subsection (c)(3). Any action taken pursuant to such voluntary agreement or plan of action shall be reported to the Attomev General and the Federal Trade Commission pursuant to such regulations as shall be prescribed under paragraphs (3) and (4) of subsection (e). (3) A plan of action may not be approved by the Attorney General under this subsection unless such plan (A) describes the types of substantive actions which may be taken under the plan, and (B) is as specific in its description of proposed substantive actions as is reasonable in light of known circumstances. (e)(1) The Attorney General and the Federal Trade Commission shall monitor the development and carrying out of voluntary agreements and plans of action authorized under this section in order to promote competition and to prevent anticompetitive practices and effects, while achieving substantially the purposes of this part. (2) In addition to any requirement specified under subsections (b) and (c) of this section and in order to carry out the purposes of this section, the Attorney General, in consultation with the Federal Trade Commission and the Administrator, shall promulgate rules

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Page:United States Statutes at Large Volume 89.djvu/957

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 897

concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section. (3) Persons developing or carrying out voluntary agreements and Recordkeeping. plans of action authorized pursuant to this section shall maintain such records as are required by rules promulgated under paragraph (2). The Attorney General and the Federal Trade Commission shall have Accessibility. access to and the right to copy such records at reasonable times and upon reasonable notice. (4) The Attorney General and the Federal Trade Commission may Rules. each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such purposes and for purposes of enforcement any powers conferred upon the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act; and wherever any such law refers to "the purposes of this Act" 15 USC 1311 or like terms, the reference shall be understood to include this section. note. (f)(1) There shall be available as a defense to any civil or criminal Defenses. action brought under the antitrust laws (or any similar State law) in respect to actions taken to develop or carry out a voluntary agreement or plan of action by persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products (provided that such actions were not taken for the purpose of injuring competition) that— (A) such actions were taken— (i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or (ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and (B) such persons complied with the requirements of this section and the rules promulgated hereunder. (2) Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the defense demonstrates that the actions were specified in, or within the reasonable contemplation of, an approved plan of action. (3) Persons interposing the defense provided by this subsection Burden of proof. shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition. (g) No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any act or practice which occurred prior to the date of enactment of this Act or subsequent to its expiration or repeal. (h) Upon the expiration of the 90-day period which begins on the date of enactment of this Act, the provisions of sections 708 and 708A (other than 708A(o)) of the Defense Production Act of 1950 shall Ante, pp. 810, not apply to any agreement or action undertaken for the purpose of 815. developing or carrying out (1) the international energy program, or 50 USC app. (2) any allocation, price control, or similar program with respect to 2158, 2158a. petroleum products under this Act or under the Emer.orency Petroleum Allocation Act of 1973. For purposes of section 708(A)(o) of the 42 USC 751 note. Defense Production Act of 1950, the effective date of the provisions of this Act which relate to international voluntary agreements to carry out the International Energy Program shall be deemed to be 90 days after the date of enactment of this Act.

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Page:United States Statutes at Large Volume 89.djvu/958

 89 STAT. 898 Report to President and Congress. Termination date. Defense.

"International energy supply emergency."

Publication in Federal Register "Allocation and information provisions of the international energy program."

PUBLIC LAW 94-163—DEC. 22, 1975 (i) The Attorney General and the Federal Trade Commission shall each submit to the Congress and to the President, at least once every 6 months, a report on the impact on competition and on small business of actions authorized by this section. (i) The authority granted by this section shall terminate June 30, 1979. (k) In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an international energy supply emergency to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section. (1) As used in this section and section 254: (1) The term "international energy supply emergency" means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required. Such a period may not exceed 90 days, but the President may establish one or more additional 90-day periods by making anew the determination under subparagraph (A) of the preceding sentence. Any determination respecting the beginning or end of any such period shall be published in the Federal Register. (2) The term "allocation and information provisions of the international energy program" means the provisions of the international energy program which relate to international allocation of petroleum products and to the information system provided in such program. ADVISORY COMMITTEES

Establishment. 42 USC 6273.

15 USC 776.

Notice of meetings.

Meetings, verbatim transcript. Availability.

Suspension.

SEC. 253. (a) To achieve the purposes of the international energy program with respect to international allocation of petroleum products and the information system provided in such program, the Administrator may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 (whether or not such Act or any of its provisions expire or terminate before June 30, 1985); shall be chaired by a regular full-time Federal employee; and shall include representatives of the public. The meetings of such committees shall be open to the public^ The Attorney General and the Federal Trade Commission shall have adequate advance notice of any meeting and may have an official representative attend and participate in any such meeting. (b) A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with section 552 of title 5, United States Code, except that matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified in section 552(b)(1), (b)(3), and so much of (b)(4) as relates to trade secrets, or pursuant to a determination under subsection (c). (c) The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Administrator, may suspend the application of—

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Page:United States Statutes at Large Volume 89.djvu/959

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 899

(1) sections 10 and 11 of the Federal Advisory Committee Act, 5 USC app. I (2) subsections (b) and (c) of section 17 of the Federal Energy Administration Act of 1974, 15 USC 776. (3) the requirement under subsection (a) of this section that meetings be open to the public, and (4) the second sentence of subsection (b); if the President determines with respect to a particular meeting, (A) that such suspension is essential to the developing or carrying out of the international energy program, (B) that such suspension relates solely to the purpose of international allocation of petroleum products and the information system provided in such program, and (C) that the meeting deals with matters described in section 552(b)(1) of title 5, United States Code. Such determination by the President shall be Publication in in writing, shall set forth a detailed explanation of reasons justifying Federal Register. the granting of such suspension, and shall be published in the Federal Register at a reasonable time prior to the effective date of any such suspension. EXCHANGE OF INFORMATIGN

SEC. 254. (a)(1) Except as provided in subsections (b) and (c), the 42 USC 6274. Administrator, after consultation with the Attorney General, may provide to the Secretary of State, and the Secretary of State may transmit to the International Energy Agency established by the international energy program, the information and data related to the energy industry certified by the Secretary of State as required to be submitted under the international energy program. (2)(A) Except as provided in subparagraph (B) of this paragraph, any such information or data which is geological or geophysical information or a trade secret or commercial or financial information to which section 552(b)(9) or (b)(4) of title 5, United States Code, applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise reported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information or data, and in the case of geological or geophysical information, a competitive disadvantage to such person. (B)(i) Notwithstanding subparagraph (A) of this paragraph, during an international energy supply emergency, any such information or data with respect to the international allocation of petroleum products may be made available to the International Energy Agency if otherwise authorized to be made available to such Agency by paragraph (1) of this subsection. (ii) Subparagraph (A) shall not apply to information described in subparagraph (A) (other than geological or geophysical information) if the President certifies, after opportunity for presentation of views by interested persons, that the International Energy Agency has adopted and is implementing security measures which assure that such information will not be disclosed by such Agency or its employees to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data. (3)(A) Within 90 days after the date of enactment of this Act, Review, and periodically thereafter, the President shall review the operation of this section and shall determine whether other signatory nations to the international energy program are transmitting information and data to the International Energy Agency in substantial compliance with such program. If the President determines that other nations

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PUBLICXAW 94-163—DEC. 22, 1975

are not so complying, paragraph (2)(B)(ii) shall not apply until he determines other nations are so complying. (B) Any person who believes he has been or will be damaged by the transmittal of information or data pursuant to this section shall have the right to petition the President and to request changes in procedures which will protect such person from any competitive damage. (b) If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or be inconsistent with United States national security interests, he may require that such data or information not be transmitted. (c) Information and data the confidentiality of which is protected by statute shall not be provided by the Administrator to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Administrator has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any depaitment or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the confidentiality provisions of such statutory authority, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international organization or foreign country. (d) For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by sections 11 and 13 of the Energy Supply and Environ15 USC 796. mental Coordination Act and the Federal Energy Administration 88 Stat. 265. Act of 1974, respectively, shall continue in full force and effect without 15 USC 761 note, regard to the provisions of such Acts relating to their expiration. (e) The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to— (1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974; (2) section 14(b) of the Federal Energy Administration Act 15 USC 773. of 1974; 50 USC app. (3) section 7 of the Export Administration Act of 1969; 2406. (4) section 9 of title 13, United States Code; (5) section 1 of the Act of January 27, 1938 (15 U.S.C. 176(a)); and (6) section 1905 of title 18, United States Code. RELATIONSHIP OF T H I S TITLE TO THE INTERNATIONAL ENERGY AGREEMENT

42 USC 6275.

SEC. 255. The purpose of the Congress in enacting this title is to provide standby energy emergency authority to deal with energy shortage conditions and to minimize economic dislocations and adverse impacts on employment. While the authorities contained in this title may, to the extent authorized by this title, be used to carry out obligations incurred by the United States in connection with the International Energy Program, this title shall not be construed in any way

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89 STAT. 901

as advice and consent, ratification, endorsement, or other form of congressional approval of the specific terms of such program. TITLE III—IMPKOVING ENEKGY E F F I C I E N C Y PART A—^AUTOMOTIVE FUEL ECONOMY AMENDMENT TO MOTOR VEHICLE INFORMATION AND COST SAVINGS ACT

SEC. 301. The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.) is amended by inserting "(except part A of title V) " after " S E C 2. For the purpose of this Act" in section 2 thereof and by adding at the end of such Act the following new title: "TITLE V—IMPROVING AUTOMOTIVE E F F I C I E N C Y "PART A—AUTOMOTIVE FUEL ECONOMY "DEFINITIONS

"SEC. 50L For purposes of this part: 15 USC 2001. "(1) The term 'automobile' means any 4-wheeled vehicle propelled by fuel which is manufactured primarily for use on public streets, roads, and highways (except any vehicle operated exclusively on a rail or rails), and "(A) which is rated at 6,000 lbs. gross vehicle weight or less, or "(B) which— "(i) is rated at more than 6,000 lbs. gross vehicle weight but less than 10,000 lbs. gross vehicle weight, "(ii) is a type of vehicle for which the Secretary determines, by rule, average fuel economy standards under this part are feasible, and "(iii) is a type of vehicle for which the Secretary determines, by rule, average fuel economy standards will result in significant energy conservation, or is a type of vehicle which the Secretary determines is substantially used for the same purposes as vehicles described in subparagraph (A) of this paragraph. The Secretary may prescribe such rules as may be necessary to Rules, implement this paragraph. "(2) The term 'passenger automobile' means any automobile (other than an automobile capable of off-highway operation) which the Secretary determines by rule is manufactured primarily for use in the transportation of not more than 10 individuals. "(3) The term 'automobile capable of off-highway operation' means any automobile which the Secretary determines by rule— "(A) has a significant feature (other than 4-wheel drive) which is designed to equip such automobile for off-highway operation, and "(B) either— " (i) is a 4-wheel drive automobile, or ''(ii) is rated at more than 6,000 pounds gross vehicle weight. " (4) The term 'average fuel economy' means average fuel economy, as determined under section 503. "(5) The term 'fuel' means gasoline and diesel oil. The Secretary may, by rule, include any other liquid fuel or any gaseous

67-194 O - 77 - 61

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 89 STAT. 902

PUBLIC LAW 94-163—DEC. 22, 1975 fuel within the meaning of the term 'fuel' if he determines that such inclusion is consistent with the need of the Nation to conserve energy. "(6) The term 'fuel economy' means the average number of miles traveled by an automobile per gallon of gasoline (or equivalent amount of other fuel) consumed, as determined by the E P A Administator in accordance with procedures established under section 503(d). "(7) The term 'average fuel economy standard' means a performance standard which specifies a minimum level of average fuel economy which is applicable to a manufacturer in a model year. " (8) The term 'manufacturer' means any person engaged in the business of manufacturing automobiles. The Secretary shall prescribe rules for determining, in cases where more than one person is the manufacturer of an automobile, which person is to be treated as the manufacturer of such automobile for purposes of this part. "(9) The term 'manufacturer' (except for purposes of section 502(c)) means to produce or assemble in the customs territory of the United States, or to import. "(10) The term 'import' means to import into the customs territory of the United States. "(11) The term 'model type' means a particular class of automobile as determined, by rule, by the E P A Administrator, after consultation and coordination with the Secretary. "(12) The term 'model year', with reference to any specific calendar year, means a manufacturer's annual production period (as determined by the E P A Administrator) which includes January 1 of such calendar year. If a manufacturer has no annual production period, the term 'model year' means the calendar year. "(13) The term 'Secretary' means the Secretary of Transportation. " (14) The term 'EPA Administrator' means the Administrator of the Environmental Protection Agency. "AVERAGE FUEL ECONOMY STANDARDS APPLICABLE TO EACH MANUFACTURER

15 USC 2002.

"SEC. 502. (a)(1) Except as otherwise provided in paragraph (4) or in subsection (c) or (d), the average fuel economy for passenger automobiles manufactured by any manufacturer in any model year after model year 1977 shall not be less than the number of miles per gallon established for such model year under the following table: Average fuel economy standard (in "Modelyear: miles per gallon) 1978 1979 1980 1981 1982 1983 1984 1985 and thereafter

Transmittal to Congress, publication in Federal Register.

18.0. 19.0. 20.0. Determined graph (3) Determined graph (3) Determined graph (3) Determined graph (3) 27.5.

by of by of by of by of

Secretary under this subsection. Secretary under this subsection. Secretary under this subsection. Secretary under this subsection.

paraparaparapara-

" (2) Not later than January 15 of each year, beginning in 1977, the Secretary shall transmit to each House of Congress, and publish in the

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89 STAT. 903

Federal Register, a review of average fuel economy standards under this part. The review required to be transmitted not later than January 15, 1979, shall include a comprehensive analysis of the program, required by this part. Such analysis shall include an assessment of the ability of manufacturers to meet the average fuel economy standard for model year 1985 as specified in paragraph (1) of this subsection, and any legislative recommendations the Secretary or the E P A Administrator may have for improving the program required by this part. "(3) Not later than July 1, 1977, the Secretary shall prescribe, by rule, average fuel economy standards for passenger automobiles manufactured in each of the model years 1981 through 1984. Any such standard shall apply to each manufacturer (except as provided in subsection (c)), and shall be set for each such model year at a level which the /Secretary determines (A) is the maximum feasible average fuel economy level, and (B) will result in steady progress toward meeting the average fuel economy standard established by or pursuant to this subsection for model year 1985. "(4) The Secretary may, by rule, amend the average fuel economy standard specified in paragraph (1) for model year 1985, or for any subsequent model year, to a level which he determines is the maximum feasible average fuel economy level for such model year, except that any amendment which has the effect of increasing an average fuel economy standard to a level in excess of 27.5 miles per gallon, or of decreasing any such standard to a level below 26.0 miles per gallon, shall be submitted to the Congress in accordance with section 551 of the Energy Policy and Conservation Act, and shall not take effect if either Post, p. 965. House of the Congress disapproves such amendment in accordance with the procedures specified in such section. "(5) For purposes of considering any modification which is submitted to the Congress under paragraph (4), the 5 calendar days specified in section 551(f)(4)(A) of the Energy Policy and Conservation Act shall be lengthened to 20 calendar days, and the 15 calendar days specified in section 551(c) and (d) of such Act shall be lengthened to 60 calendar days. "(b) The Secretary shall, by rule, prescribe average fuel economy standards for automobiles which are not passenger automobiles and which are manufactured by any manufacturer in each model year which begins more than 30 months after the date of enactment of this title. Such rules may proxdde for separate standards for different classes of such automobiles (as determined by the Secretary''), and shall be set at a level which the Secretary determines is the maximum feasible average fuel economy level which such manufacturers are able to achieve in each model year to which this subsection applies. Any standard applicable to a model year under this subsection shall be prescribed at least 18 months prior to the beginning of such model year. "(c) On application of a manufacturer who manufactured (whether Exemption, or not in the United States) fewer than 10,000 passenger automobiles in the second model year preceding the model year for which the application is made, the Secretary may, by rule, exempt such manufacturer from subsection (a). An application for such an exemption shall be submitted to the Secretary, and shall contain such information as the Secretary may require by rule. Such exemption may only be granted if the Secretary determines that the average fuel economy standard otherwise applicable under subsection (a) is more stringent than the maximum feasible average fuel economy level which such manufacturer can attain. The Secretary may not issue exemptions with respect to a model year unless he establishes, by rule, alternative average fuel economy standards for passenger automobiles manufactured by manu-

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 89 STAT. 904

Definitions.

PUBLIC LAW 94-163—DEC. 22, 1975 f acturers which receive exemptions under this subsection. Such standards may be established for an individual manufacturer, for all automobiles to which this subsection applies, or for such classes of such automobiles as the Secretary may define by rule. Each such standard shall be set at a level which the Secretary determines is the maximum feasible average fuel economy level for the manufacturers to which the standard applies. An exemption under this subsection shall apply to a model year only if the manufacturer manfactures (whether or not in the United States) fewer than 10,000 passenger automobiles in such model year. "(d)(1) Any manufacturer may apply to the Secretary for modification of an average fuel economy standard applicable under subsection (a) to such manufacturer for model year 1978, 1979, or 1980. Such application shall contain such information as the Secretary may require by rule, and shall be submitted to the Secretary within 24 months before the beginning of the model year for which such modification is requested. "(2)(A) If a manufacturer demonstrates and the Secretary finds that— "(i) a Federal standards fuel economy reduction is likely to exist for such manufacturer for the model year to which the application relates, and "(ii) such manufacturer applied a reasonably selected technology, the Secretary shall, by rule, reduce the average fuel economy standard applicable under subsection (a) to such manufacturer by the amount of such manufacturer's Federal standards fuel economy reduction, rounded off to the nearest one-tenth mile per gallon (in accordance with rules of the Secretary). To the maximum extent practicable, prior to making a finding under this paragraph with respect to an application, the Secretary shall request, and the E P A Administrator shall supply, test results collected pursuant to section 503(d) of this Act for all automobiles covered by such application. "(B)(i) If the Secretary does not find that a Federal standards fuel economy reduction is likely to exist for a manufacturer who filed an application under paragraph (1), he shall deny the application of such manufacturer. " (ii) If the Secretary— " (I) finds that a Federal standards fuel economy reduction is likely to exist for a manufacturer who filed an application under paragraph (1),and " ( II) does not find that svich manufacturer applied a reasonably selected technology, the average fuel economy standard applicable under subsection (a) to such manufacturer shall, by rule, be reduced by an amount equal to the Federal standards fuel economy reduction which the Secretary finds would have resulted from the application of a reasonably selected technology. "(3) For purposes of this subsection: "(A) The term 'reasonably selected technology' means a technology which the Secretary determines it was reasonable for a manufacturer to select, considering (i) the Nation's need to improve the fuel economy of its automobiles, and (ii) the energy savings, economic costs, and lead-time requirements associated with alternative technologies practicably available to such manufacturer.

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 PUBLIC LAW 94-163—DEC. 22, 1975 "(B) The term 'Federal standards fuel economy reduction' means the sum of the applicable fuel economy reductions determined under subparagraph (C). "(C) The term 'applicable fuel economy reduction' means a number of miles per gallon equal to— "(i) the reduction in a manufacturer's average fuel economy in a model year which results from the application of a category of Federal standards applicable to such model year, and which would not have occurred had Federal standards of such category applicable to model year 1975 remained the only standards of such category in effect, minus " (ii) 0.5 mile per gallon. "(D) Each of the following is a category of Federal standards; "(i) Emissions standards under section 202 of the Clean Air Act, and emissions standards applicable by reason of section 209(b) of such Act. "(ii) Motor vehicle safety standards under the National Traffic and Motor Vehicle Safety Act of 1966. "(iii) Noise emission standards under section 6 of the Noise Control Act of 1972. "(iv) Property loss reduction standards under title I of this Act. " (E) In making the determination under this subparagraph, the Secretary (in accordance with such methods as he shall prescribe by rule) shall assume a production mix for such manufacturer which would have achieved the average fuel economy standard for such model year had standards described in subparagraph (D) applicable to model year 1975 remained the only standards in effect. " (4) The Secretary may, for the purposes of conducting a proceeding under this subsection, consolidate one or more applications filed under this subsection. " (e) For purposes of this section, in determining maximum feasible average fuel economy, the Secretary shall consider— "(1) technological feasibility; "(2) economic practicability; "(3) the effect of other Federal motor vehicle standards on fuel economy; and " (4) the need of the Nation to conserve energy. "(f)(1) The Secretary may, by rule, from time to time, amend any average fuel economy standard prescribed under subsection (a) (3), (b), or (c), so long as such standard, as amended, meets the requirements of subsection (a)(3), (b), or (c), as the case may be. '*(2) Any amendment prescribed under this section which has the effect of making any average fuel economy standard more stringent shall be— "^A^ promulgated, and "(B) if required by paragraph (4) of subsection (a), submitted to the Congress, at least 18 months prior to the beginning of the model year to which such amendment will apply. "(g) Proceedings under subsection (a)(4) or (d) shall be conducted in accordance with section 553 of title 5, United States Code, except that interested persons shall be entitled to make oral as well as written presentations. A transcript shall be taken of any oral presentations.

89 STAT. 905

42 USC 1857f-l. 42 USC 1857f-6a. 15 USC 1381 note. 42 USC 4905. 15 USC 1911.

Amendments).

Submittal to Congress.

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