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PUBLIC LAW 93-311-JUNE 8, 1974

[88 STAT.

Public Law 93-311 June 8, 1974 rs 17521

—

.

National c^omductivity and*^ Work Quality. 15 USC 1026.

Objectives. Functions.

Publicity and promotion.

Areas of c o n centration.

AN

ACT

Prescribing the objectives and functions of the National Productivity and Work Quality.

Commission

on

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) it is the pollcy of the United States to promote increased productivity and to improvc the morale and quality of work of the American worker, for ^j^^ purpose of providing goods and services at low cost to American consumers, improving the competitive position of the United States in the international economy, and facilitating a more satisfying work experience for American workers. (b) The President's National Commission on Productivity shall hereafter be referred to as the National Commission on Productivity and Work Quality (hereinafter referred to as the "Commission"). The Commission shall carry out the objectives and exercise the functions hereinafter prescribed. ^^^ 'Y\\& objcctlves of the Commission shall be to help increase the productivity of the American economy and to help improve the morale and quality of work of the American worker. ^(j^ 'J^Q achicve the objectives of subsection (c), the Commission shall have the following primary functions: (1) To encourage and assist in the organization and work of labor-management committees which may also include public members, on a plant, community, regional, and industry basis. Such committees may be specifically designed to facilitate labormanagement cooperation to increase productivity or to help improve the morale and quality of work of the American worker. (2) To conduct such research as is directly necessary to achieve each of the objectives set forth in subsection (c) when such research cannot appropriately be accomplished by other Government agencies or private organizations. ^3^ '^Q publicizc, disscminate, and otherwise promote material and ideas relating to its objectives. (e) In addition to its functions under subsection (d) the Commission shall— (1) advise the President and the Congress with respect to Government policy affecting productivity and the quality of work; (2) coordinate and promote Government research and technical assistance efforts relating to productivity; and (3) provide technical and consulting assistance. (f) In pursuing its objectives under subsection (c), and in carrying out its functions under subsections (d) and (e), the Commission shall concentrate its efforts on those areas where such efforts are likely to make the most substantial impact on— (A) the morale and quality of work of the American worker; (B) the international competitive position of the United States; (C) the efficiency of government; or (D) the cost of those goods and services which are generally considered to fulfill the most basic needs of Americans. (g)(1) The Executive Director of the Commission shall be the principal executive officer of the Commission in carrying out the objectives and functions of the Commission under this section.

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PUBLIC LAW 93-312-JUNE 8, 1974

(2) The Executive Director of the Commission, with the approval of the Chairman of the Commission, is authorized (A) to appoint and fix the compensation of such officers and employees, and prescribe their functions and duties, as may be necessary to carry out the t and provisions of this section, and (B) to obtain the services of experts c oE x p etra s t s. nsul n and consultants in accordance with the provisions of section 3109 of title 5, United States Code. (3) The Commission may accept gifts or bequests, either for Gifts, a c c e p t carrying out specific programs which it deems desirable or for its general activities. (h) In carrying out its activities under this section, the Commission shall consult with the Council of Economic Advisers. (i) The Commission shall transmit to the President and to the P report t toand esiden Congress, not later than July 1, 1974, a report covering its activities c'onVrTsT. during Fiscal Year 1974 and describing in detail the program to be carried out by the Commission under this section during Fiscal Year 1975. Such report shall include an explanation of how the Commission's program has complied or will comply, as the case may be, with the provisions of subsection (f). (j) There is hereby authorized to be appropriated such sums, not to Appropriation. exceed $2,500,000, as may be necessary to carry out the purposes of this section during the period from July 1, 1974, through June 30, 1975. Approved June 8, 1974. Public Law 93-312 AN ACT To amend the Department of State Appropriations Authorization Act of 1973 to authorize additional appropriations for the fiscal year 1974, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, AUTHORIZATION

OF

of the

APPROPRIATIONS

1. Section 2(a)(1) of the Department of State Appropriations Authorization Act of 1973 (87 Stat. 451), providing authorization of appropriations for the Administration of Foreign Affairs, is amended by striking out "$282,565,000" and inserting in lieu thereof "$304,568,000". SEC. 2. Section 2(a)(2) of such Act (87 Stat. 451), providing authorization of appropriations for International Organizations and Conferences, is amended by striking out "$211,279,000" and inserting in lieu thereof "$212,777,000". SEC. 3. Section 2(a)(3) of such Act (87 Stat. 451), providing authorization of appropriations for International Commissions, is amended by striking out "$15,568,000" and inserting in lieu thereof "$12,528,000". SEC. 4. Section 2(a)(4) of such Act (87 Stat. 451), providing authorization of appropriations for Educational Exchange, is amended by striking out "$59,800,000" and inserting in lieu thereof "$57,170,000". SEC. 5. Section 2(b)(1) of such Act (87 Stat. 451), providing authorization of appropriations for increases in salary, pay, retirement, or other employee benefits authorized by law, is amended by striking out "$9,328,000" and inserting in lieu thereof "$16,711,000". SECTION

June 8, 1974 [H. R. 12466]

Department of State Appropriations Authorization Act of 1973, amendments.

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PUBLIC LAW 93-313-JUNE 8, 1974

[88 STAT.

SEC. 6. Section 2(b)(2) of such Act (87 Stat. 451), providing authorization of appropriations for additional overseas costs resulting from the devaluation of the dollar, is amended by striking out ''$12,807,000" and inserting in lieu thereof "$9,905,000". SEC. 7. Section 2(c) of such Act (87 Stat. 451), providing authorization of appropriations for protection of personnel and facilities from threats or acts of terrorism, is amended by striking out "$40,000,000" and inserting in lieu thereof "$20,000,000". INTERNATIONAL COMMITTEE OF THE RED CROSS

SEC. 8. (a) The Act entitled "An Act to authorize a contribution by the United States to the International Committee of the Ked Cross", approved October 1, 1965 (79 Stat. 901), is amended by striking out "$50,000" and inserting in lieu thereof "$500,000". (b) The amendment made by subsection (a) shall apply with respect to contributions to be made commencing in 1974. BUREAU o r OCEANS AND INTERNATIONAL ENVIRONMENTAL A N D S C I E N T I F I C AFFAIRS 22 USC 2655a.

Repeal.

SEC. 9. Section 9 of such Act (87 Stat. 453), providing for an additional Assistant Secretary to head the Bureau of Oceans and International Environmental and Scientific Affairs, is amended by inserting " (a) " immediately after "SEC. 9." and by adding at the end thereof the following new subsections: "(b) Section 5815 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: " ' ( 9 9) Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.' "(c) Paragraph (109) of section 5816 of title 5, United S;ates Code, relating to the Director of International Scientific Affairs, Department of State, is repealed.". Approved June 8, 1974a Public Law 93-313

June 8, 1974 [H. R. 1 0 9 7 2 ]

Wildlife r e s toration p r o j e c t s. Funds, extension. 16 USC 669b note, 669c note. 26 USC 4161 note.

AN ACT To delay for six months the taking effect of certain measures to provide additional funds for certain wildlife restoration projects. Be it enacted by the Senate and Housv of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide additional funds for certain wildlife restoration projects, and for other purposes", approved October 25, 1972 (Public Law 92-558, 86 Stat. 1172-1173), is amended by striking out "July 1, 1974" in sections 101(c) and 201 (b) thereof and inserting in lieu thereof "January 1, 1975". Approved June 8, 1974«

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PUBLIC LAW 93-315-JUNE 22, 1974

239

Public Law 93-314 AN ACT Relating to the sale and distribution of the Congressional Record. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 910 of title 44, United States Code, is amended to read as follows: " (a) Under the direction of the Joint Committee, the Public Printer may sell— "(1) subscriptions to the daily Record; and "(2) current, individual numbers, and bound sets of the Congressional Record. " (b) The price of a subscription to the daily Record and of current, individual numbers, and bound sets shall be determined by the Public Printer based upon the cost of printing and distribution. Any such price shall be paid in advance. The money from any such sale shall be paid into the Treasury and accounted for in the Public Printer's annual report to Congress. "(c) The Congressional Record shall be entitled to be mailed at the same rates of postage at which any newspaper or other periodical publication, with a legitimate list of paid subscribers, is entitled to be mailed.". (b) Section 906 of such title 44 is amended— (1) by striking out of the section caption the last semicolon and "SUBSCRIPTIONS";
 * § 910. Congressional Record: subscriptions; sale of current, individual numbers, and bound sets; postage rate

June 8, 1974 [S.3373]

Congressional Record. Sale and d i s tribution.

Postage rates.

and

(2) by striking out the last full paragraph thereof. (c) The analysis of chapter 9 of such title 44, immediately preceding section 901, is amended— (1) by striking out of item 906 the last semicolon and "subscription"; and (2) by striking out item 910 and inserting in lieu thereof the following: "910. Congressional Record: subscriptions; sale of current, individual numbers, and bound sets; postage rate.". Approved June 8, 1974. Public Law 93-315 AN ACT To authorize appropriations for carrying out the provisions of the International Economic Policy Act of 1972, as amended. Be it enacted by the Seimte and House of Representatives of the United States of America in Congress assembled, That the International Economic Policy Act of 1972, as amended, is further amended by striking out section 210 and inserting in lieu thereof the following: "SEC. 210. For the purpose of carrying out the provisions of this title, there is authorized to be appropriated $1,800,000 for the fiscal year ending June 30, 1975.". Approved June 22, 1974.

June 22, 1974 [H. R. 1 3 8 3 9 ]

International Economic Policy Act of 1972, amendment. 22 USC 2849.

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PUBLIC LAW 93-316-JUNE 22, 1974 Public Law 93-316

June 22, 1974 [H. R. 1 3 9 9 8 ]

[88 STAT.

-

AN ACT To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Represe7itatives of the United States of America in Congress assembled, That there is hereby Administration authorizecl to be appropriated to the National Aeronautics and Space Authorization Act, Administration: Research and (a) For "Research and development," for the following programs: development. (1) Space Shuttlc, $805,000,000 j (2) Space flight operations, $313,300,000; (3) Advanced missions, $1,500,000; (4) Physics and astronomy, $140,515,000; (5) Lunar and planetary exploration, $266,000,000; (6) Launch vehicle procurement, $143,500,000; (7) Space applications, $196,300,000, of which $2,000,000 is designated for research on Short Term Weather Phenomena; and $1,000,000 is designated for research on ground propulsion systems; (8) Aeronautical research and technology, $171,500,000; (9) Space and nuclear research and technology, $79,700,000, of which $1,000,000 is designated for research on hydrogen production and utilization systems; (10) Tracking and data acquisition, $250,000,000; (11) Technology utilization, $5,500,000; faci°ullT''*'°" °^ ('^) ^®^" "Construction of facilities," including land acquisition, as follows: (1) Addition to flight and guidance simulation laboratory, Ames Research Center, $;3,660,000; (2) Rehabilitation and modification of science and applications laboratories, Goddard Space Flight Center, $890,000; (3) Modifications for fire protection and safety, Goddard Space Flight Center, $1,220,000; (4) Acquisition of land. Jet Propulsion Laboratory, $150,000; (5) Addition to systems development laboratorv. J e t Propulsion Laboratory, $4,880,000; (6) Addition for integrated systems testing facility. Jet Propulsion Laboratory, $3,790,000; (7) Modification of water supply system, Lyndon B. Johnson Space Center, $935,000; (8) Modification of 6,000 pounds per square inch air storage system, Langley Research Center, $515,000; (9) Rehabilitation of 16-foot transonic wind tunnel, Langley Research Center, $2,990,000; (10) Modification of propulsion systems laboratory, Lewis Research Center, $2,580,000; (11) Modification of rocket engine test facility, Lewis Research Center, $660,000; (12) Construction of X-ray telescope facility, Marshall Space Flight Center, $4,060,000; (13) Modification of beach protection system. Wallops Station, $1,370,000; (14) Construction of infrared telescope facility, Mauna Kea, Hawaii, $6,040,000; (15) Modifications for fire protection and safety at various tracking and data stations, $1,430,000; National Aeron a u t i c s and Space

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PUBLIC LAW 93-316-JUNE 22, 1974

(16) Space Shuttle facilities at various locations as follows: (A) Construction of Orbiter landing facilities, John F. Kennedy Space Center, $15,880,000; (B) Construction of Orbiter processing facility, John F. Kennedy Space Center, $13,380,000; (C) Modifications to launch complex 39, John F. Kennedy Space Center, $37,690,000; (D) Modifications for dynamic test facilities, Marshall Space Flight Center, and National Aeronautics and Space Administration Industrial Plant, Downey, California, $3,920,000; (E) Construction of Orbiter horizontal flight test facilities. Flight Kesearch Center, $3,940,000; (F) Modifications for crew training facilities, Lyndon B. Johnson Space Center, $420,000; (G) Modification of the vibration and acoustic test facility, Lyndon B. Johnson Space Center, $410,000; (H) Construction of materials test facility, White Sands Test Facility, $790,000; (I) Modifications for solid rocket booster structural test facilities, Marshall Space Flight Center, $2,590,000; (17) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $14,900,000; (18) Minor construction of new facilities and additions to existing facilities at various locations not in excess of $250,000 per project, $4,500,000; (19) Facility planning and design not otherwise provided for, $10,900,000. (c) For "Research and program management," $749,624,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection 1(g), appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities, and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility.

241

R e s e a r c h and program manage-

meiu.

Program s p e c i * fications.

Notice to HousePrelident °^ ^^^ senate and commmee°sT^

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Scientific consultations or extraordinary expenses.

Limitations.

87 Stat. 1 7 1. Unappropriated 1974 funds, expiration date. Cost v a r i a t i o n s, authority of Administrator.

Unforeseen program c h a n g e s, transfer of r e search funds to construction.

Report to Speaker of the House, President of the Senate and congressional committees.

PUBLIC LAW 93-316-JUNE 22, 1974

[88

STAT.

(e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and 1(c), not in excess of $10,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $25,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. (h) The authorization for the appropriation to the National Aeronautics and Space Administration of $10,900,000, which amount represents that part of the authorization provided for in section 1(b) (12) (I) of the National Aeronautics and Space Administration Authorization Act, 1974, for which appropriations have not been made, shall expire on the date of the enactment of this Act. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (18), inclusive, of subsection 1(b) may, in the discretion of the Administrator or his designee, be varied upward 10 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (19) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next Authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost

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PUBLIC LAW 93-316-JUNE 22, 1974

thereof including the cost of any real estate action pertaining thereto, and. (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 5. It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. Section 203(b)(9) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473(b)(9)), is amended to read as follows: "(9) to obtain services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18;". SEC. 7. The National Aeronautics and Space Administration is authorized, when so provided in an appropriation Act, to enter into a contract for tracking and data relay satellite services. Such services shall be furnished to the National Aeronautics and Space Administration in accordance with applicable authorization and appropriation Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Title to any facilities which may be required in the performance of the contract and constructed on Government-owned land shall vest in the United States upon the termination of the contract. The Administrator shall in January of each year report to the Committee on Science and Astronautics and the Committee on Appropriations of the House of Representatives and the Committee on Aeronautical and Space Sciences and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Government under

243

Use of funds, restriction.

Notice to Speaker of the House, President of the Senate and congressional committees.

R e s e a r c h funds, geographical distribution. 42 USC 2459 note.

5 USC 5332 note. S a t e l l i t e services, contract authorization. 42 USC 2463.

Report to cong r e s s i o n a l committees.

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Short title.

PUBLIC LAW 93-317-JUNE 22, 1974

[88 STAT.

termination provisions of any contract authorized in this section through the next fiscal year. The authority of the National Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder shall remain in effect as long as provision therefor is included in Acts authorizing appropriations to the National Aeronautics and Space Administration for subsequent fiscal years. SEC. 8. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, 1975". Approved June 22, 1974. Public Law 93-317

June 22, 1974 [S. J. R e s. 206]

U.S. Military Academy. Laotian c i t i z e n, attendance.

JOINT RESOLUTION Authorizing the Secretary of the Army to receive for instruction at the United States Military Academy one citizen of the Kingdom of Laos.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army is authorized to permit within 18 months after the date of enactment of this joint resolution, one person, who is a citizen of the Kingdom of Laos, to receive instruction at the United States Military Academy, but the United States shall not be subject to any expense on account of such instruction. SEC. 2. Except as may be otherwise determined by the Secretary of the Army, the said person shall, as a condition to receiving instruction under the provisions of this joint resolution, agree to be subject to the same rules and regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as cadets at the United States Military Academy appointed from the United States, but he shall not be entitled to appointment to any office or position in the Armed Forces of the United States by reason of his graduation from the United States Military Academy, or subject to an oath of allegiance to the United States of America. Approved June 22, 1974. Public Law 93-318

June 22, 1974 [S.1585]

"Woodsy O w l " and "Smokey Bear." Unauthorized u s e, prevention. Definitions. 31 USC 488b-3.

AN ACT To prevent the unauthorized manufacture and use of the character "Woodsy Owl", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. As used in this Act— (1) the term "Woodsy Owl" means the name and representation of a fanciful owl, who wears slacks (forest green when colored), a belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when colored), and who furthers the slogan, "Give a Hoot, Don't Pollute'', originated by the Forest Service of the United States Department of Agriculture; (2) the term "Smokey Bear" means the name and character "Smokey Bear" originated by the Forest Service of the United States Department of Agriculture in cooperation with the Association of State Foresters and the Advertising Council.

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PUBLIC LAW 93-318-JUNE 22, 1974

(3) the term "Secretary" means the Secretary of Agriculture. SEC. 2. The following are hereby declared the property of the United States: (1) The name and character "Smokey Bear". (2) The name and character "Woodsy Owl" and the associated slogan, "Give a Hoot, Don't Pollute". SEC. 3. (a) The Secretary may establish and collect use or royalty fees for the manufacture, reproduction, or use of the name or character "Woodsy Owl" and the associated slogan, "Give a Hoot, Don't Pollute", as a symbol for a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality. (b) The Secretary shall deposit into a special account all fees collected pursuant to this Act. Such fees are hereby made available for obligation and expenditure for- the purpose of furthering the "Woodsy Owl" campaign. SEC. 4. (a) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character "Smokey Bear" or the name "Smokey Bear", or a facsimile or simulation of such character or name in such a manner as suggests "Smokey Bear" may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. (b) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character "Woodsy Owl", the name "Woodsy Owl", or the slogan "Give a Hoot, Don't Pollute", or a facsimile or simulation of such character, name, or slogan in such a manner as suggests "Woodsy Owl" may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. SEC. 5. Section 711 of title 18 of the United States Code is amended— (1) by inserting "and for profit" immediately after "knowingly", and (2) by deleting "as a trade name or in such manner as suggests the character 'Smokey Bear' ". SEC. 6. Chapter 33 of title 18 of the United States Code is amended by adding after section 711 a new section, as follows: "§ 711a. *Woodsy Owl' character, name, or slogan "Whoever, except as authorized under rules and regulations issued by the Secretary, knowingly and for profit manufactures, reproduces, or uses the character 'Woodsy Owl', the name 'Woodsy Owl', or the associated slogan, 'Give a Hoot, Don't Pollute' shall be fined not more than $250 or imprisoned not more than six months, or both.". SEC. 7. Section 3 of the Act entitled "An Act prohibiting the manufacture or use of the character 'Smokey Bear' by unauthorized persons" (31 U.S.C. 488a) is amended by striking out "under the provisions of section 711 of title 18". SEC. 8. The table of sections of chapter 33 of title 18, United States Code, is amended by inserting immediately after the item relating to section 711 the following: "711a. 'Woodsy Owl' character, name, or slogan.". Approved June 22, 1974.

38-194 O - 76 - 19 Pt. 1

245 ^^ "^'^ 488b-4.

M°^sc^488b-5.

special account.

jert"to^s'uit! ^"''' 3i use 488b-6.

18 USC 711a. Penalties.

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PUBLIC LAW 93-319-JUNE 22, 1974

[88

STAT.

P u b l i c Law 9 3 - 3 1 9 June 22, 1974 [H. R. 1 4 3 6 8 ]

Energy Supply and Environmental Coordination Act of 1974. 15 USC 791 note.

15 USC 7 9 1.

15 USC 792. Powerplant and fuel burning installations.

AN ACT To provide for means of dealing witti energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., SECTION 1. SHORT TITLE; PURPOSE. (a) T h i s Act, i n c l u d i n g the following t a b l e of contents, may be cited as the " Energy S u p p l y and Environmental C o o r d i n a t i o n Act of 1974". TITLE OF CONTENTS Sec. 1. Short title; purpose. Sec. 2. Coal conversion and allocation. Sec. 3. Suspension authority. Sec. 4. Implementation plan revisions. Sec. 5. Motor vehicle emissions. Sec. 6. Conforming amendments. Sec. 7. Protection of public health and environment. Sec. 8. Energy conservation study. Sec. 9. Report. Sec. 10. Fuel economy study. Sec. 11. Reporting of energy information. Sec. 12. Enforcement. Sec. 13. Extension of Clean Air Act authorization. Sec. 14. Definitions. (b) The purposes of t h i s Act a r e (1) to p r o v i d e for a means to assist in m e e t i n g the essential needs of the United States for fuels, i n a m a n n e r which is consistent, to the fullest e x t e n t practicable, w i t h e x i s t i n g national c o m m i t m e n t s to p r o t e c t and i m p r o v e the environment, and (2) to p r o v i d e requirements for report s respecting energy resources. SEC. 2. COAL CONVERSION AND ALLOCATION. (a) The Federal Energy Administrator— (1) shall, by order, p r o h i b i t any p o w e r p l a n t, and (2) may, by order, p r o h i b i t any m a j o r fuel b u r n i n g installation, other tlian a p o w e r p l a n t, from b u r n i n g n a t u r a l g a s or p e t r o l e u m p r o d u c t s as i t s p r i m a r y energy source, if the Federal Energy A d m i n i s t r a to r determines such powerp l a n t or i n s t a l l a t i o n on the date of e n a c t m e n t of t h i s Act has the c a p a bility and necessary p l a n t equipment to b u r n coal, and if the requirements of subsection (b) a r e met. (b) The requirements r e f e r r e d to in subsection (a) a r e as follows: (1) A n o r d e r under subsection (a) may not be issued w i t h respect to a p o w e r p l a n t or i n s t a l l a t i o n unless the Federal Energy A d m i n i s t r a to r finds (A) that the b u r n i n g of coal by such p l a n t or installation, in lieu of p e t r o l e u m p r o d u c t s or n a t u r a l gas, is p r a c t i c a b l e and consistent w i t h the purposes of t h i s Act, (B) that coal and coal transportation facilities will be available during the period the o r d e r is in effect, and (C) in the case of a p o w e r p l a n t, that the p r o h i b i t i o n under subsection (a) will not i m p a i r the reliability of service in the area served by such p l a n t. S u c h a n o r d e r shall be rescinded or modified to the e x t e n t the Federal Energy A d m i n i s t r a to r determines that any requirement described i n subparagraph (A), (B), o r (C) of t h i s paragraph is n o longer m e t; and such a n o r d e r may a t any t i m e be modified if the Federal Energy A d m i n i s t r a to r determine s that such order, as modified, complies w i t h the requirements of t h i s section.

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(2)(A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Administrator (i) shall give notice to the public and afford interested persons an opportunity for written presentations of data, views, and arguments, (ii) shall consult with the Administrator of the Environmental Protection Agency, and (iii) shall take into account the likelihood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119(d)(1)(A) of such Act is the earliest date that such plant or installation will be able to comply with the air pollution requirements which will be applicable to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursuant to section 119(d)(3) (B) of such Act. (3)(A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation after June 30, 1975 (or modifying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal Energy Administrator shall give notice to the public and afford interested persons an opportunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) described in subparagraph (A) of this paragraph shall not become effective until (i) the Administrator of the Environmental Protection Agency notifies the Federal Energy Administrator under section 119(d)(1) (B) of the Clean Air Act that such plant or installation will be able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under section 119(c) of such Act, or (ii) if such notification is not given, the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119 (d)(1)(B) of such Act is the earliest date that such plant or installation will be able to comply with all applicable requirements of such section 119. Such order (or modification) shall not be effective during any period certified by the Administrator of the Environmental Protection Agency under section 119(d)(3) (B) of such Act. (c) The Federal Energy Administrator may require that any powerplant in the early planning process (other than a combustion gas turbine or combined cycle unit) be designed and constructed so as to be capable of using coal as its primary energy source. No powerplant may be required under this subsection to be so designed and constructed, if the Administrator determines that (1) to do so is likely to result in an impairment of reliability or adequacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and construction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual commitment for the construction of such facilities and the capability of the owner to recover any

Public notice.

Post, p. 248.

Powerplant, construction design.

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[88 STAT.

capital investment made as a result of any requirement imposed under this subsection. (d) The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuel-burning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this Act. (e) For purposes of this section: "Powerplant." (1) Xhc tcrm "powcrplant" means a fossil-fuel fired electric generating unit which produces electric power for purposes of sale or exchange. "c°a^-" (2) The term "coal" includes coal derivatives. Expiration and (f)(1) Authority to Issuc ordcrs or rules under subsections (a) through (d) of this section shall expire at midnight, June 30, 1975. Such a rule or order may take effect at any time before January 1, 1979. (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1978; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1979. SEC. 3. SUSPENSION AUTHORITY. 42 USC 1857. Title I of the Clean Air Act is amended by adding at the end thereof the following new sectio' • a ENERGY-RELATED

?2^ usc'°iT5*7c. 10. 42 USC 1857c 6, 1857C-7,

1857"h-i. '

42 USC 1857c-

AUTHORITY

"SEC. 119. (a) For purposes of this section: "(1) The term 'stationary source fuel or emission limitation' means any emission limitation, schedule or timetable of compliance, or other requirement, which is prescribed under this Act (other than this section, or section 111(b), 112, or 303) or contained in an applicable implementation plan (other than a requirement imposed under authority described in section 110(a) ^2)(F)(v)), aud which limits, or is designed to limit, stationary source emissions resulting from combustion of fuels, including a prohibition on, or specification of, the use of any fuel of any type, grade, or pollution characteristic. "(2) The term 'air pollution requirement' means any emission limitation, schedule or timetable for compliance, or other requirement, which is prescribed under any Federal, State, or local law or regulation, including this Act (except for any requirement prescribed under subsection (c) or (d) of this section, section 1 1 0 (a)(2)(F)(v), or section 303), and which limits stationary source emissions resulting from combustion of fuels (including a prohibition on, or specfication of, the use of any fuel of any type, grade, or pollution characteristic). "(3) The terms 'stationary source' and 'source' have the same meaning as the term 'stationary source' has under section 111(a) (3); except that such terms include any owner or operator (as defined in section 111(a)(5)) of such source. " (4) The term 'coal' includes coal derivatives.

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" (5) The term 'primary standard condition' means a limitation, requirement, or other measure, prescribed by the Administrator under subsection (d)(2)(A) of this section. "(6) The term 'regional limitation' means the requirement of subsection (c)(2)(D) of this section. "(b)(1)(A) The Administrator may, for any period beginning on or after the date of enactment of this section and ending on or before June 30, 1975, temporarily suspend any stationary source fuel or emission limitation as it applies to any person— " (i) if the Administrator finds that such person will be unable to comply with any such limitation during such period solely because of unavailability of types or amounts of fuels (unless such unavailability results from an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974), or "(ii) if such person is a source which is described in subsection (c)(1)(A) or (B) of this section and which has converted to coal, and the Administrator finds that the source will be able to comply during the period of the suspension with all primary standard conditions which will be applicable to such source. Any suspension under this paragraph, the imposition of any interim requirement on which such suspension is conditioned under paragraph (3) of this subsection, and the imposition of any primary standard condition which relates to such suspension, shall be exempted from any procedural requirements set forth in this Act or in any other provision of Federal, State, or local law; except as provided in subparagraph (B) of this paragraph. " (B) The Administrator shall give notice to the public and afford interested persons an opportunity for written and oral presentations of data, views, and arguments prior to issuing a suspension under subparagraph (A), or denying an application for such a suspension, unless otherwise provided by the Administrator for good cause found and published in the Federal Register. In any case, before issuing such a suspension, he shall give actual notice to the Governor of the State in which the affected source or sources are located, and to appropriate local governmental officials (as determined by the Administrator). The issuing or denial of such a suspension, the imposition of an interim requirement, and the imposition of any primary standard condition shall be subject to judicial review only on the grounds specified in paragraph (2)(B), (2)(C), o r (2)(D), o f section 706 of title 5, United States Code, and shall not be subject to any proceeding under section 304(a)(2) or 307 (b) and (c) of this Act. "(2) I n issuing any suspension under paragraph (1), the Administrator is authorized to act on his own motion or upon application by any person (including a public officer or public agency). "(3) Any suspension under paragraph (1) shall be conditioned upon compliance with such interim requirements as the Administrator determines are reasonable and practicable. Such interim requirements shall include, but need not be limited to, (A) a requirement that the persons receiving the suspension comply with such reporting requirements as the Administrator determines may be necessary, (B) such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons, and

249

Temporary sus; pens ion.

Public notice.

Publication in Federal Register. Notice to State Governor and local officials. J u d i c i a l review.

42 USC 18S7h-2, 1857h-5.

Interim requirements, compli-

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 are, as a rule, furnished with serrations, which become more prominent in posterior direction.

The articulation of the telson is quite like that of Limulus, consisting of a broad transverse lower and a small upper segment and is mainly adapted to movement in a vertical plane.

The mode of life of the eurypterids has thus far been touched upon incidentally in the description of the "swimming feet"; the earlier writers have generally assumed that the eurypterids were active swimmers on account of the structure of these legs which Hall very properly compared with the quite similar swimming organs of the common "lady crab" of our eastern Atlantic coast. Woodward pointed out that the position of the eyes of Pterygotus, half above and half below the margin, indicates that it can not have been a mud grubber and he has also said of  that its large eyes, its powerful natatory appendages and the general form of its body suggest that it was a very active animal. Laurie [1893, p. 511; 1893, p. 124], on the other hand, has repeatedly advanced the view that the eurypterids were bottom crawlers and diggers in the mud. He says of the swimming leg of Slimonia [op. cit. p. 511]:

This appendage is always described as a swimming organ, but I am inclined to doubt the correctness of this interpretation of its function. The Eurypteridae appear to me, from their general build, more fitted for crawling than swimming, and I am inclined to explain this appendage as having been used by the animal to get a firm hold on the bottom, and probably also for digging out sand and covering itself, in much the same way that Portunus uses its very similar pair of appendages.

Holm concluded from his study of  that the last pair of legs of that species was principally adapted to swimming. He says:

Die Hauptbewegung des achten Gliedes im Verhältniss zum siebenten scheint von vorn nach hinten gewesen zu sein, indem sich, wie schon von Fr. Schmidt hervorgehoben ist, das achte Glied bei der Bewegung über die dreieckige Platte wie ein Scheerenblatt über das andere schiebt. Die beiden Glieder müssen daher beim Schwimmen wie ein einziges


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[88 STAT.

(C) in the case of a suspension under paragraph (1)(A)(i), requirements that the suspension shall be inapplicable during any period during which fuels which would enable compliance with the suspended stationary source fuel or emission limitations are in fact reasonably available (as determined by the Administrator) to such person. Compliance " (c)(1) Except as provided in paragraph (2) of this subsection, a e, ex ension. ^^^ Admluistrator shall issue a compliance date extension to any fuelburning stationary source— " (A) which is prohibited from using petroleum products or natural gas by reason of an order which is in effect under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or " (B) which the Administrator determines began conversion to the use of coal as its primary energy source during the period beginning on September 15, 1973, and ending on March 15, 1974, and which, on or after September 15, 1973, converts to the use of coal as its primary energy source. If a compliance date extension is issued to a source, such source shall not, until January 1, 1979, be prohibited, by reason of the application of any air pollution requirement, from burning coal which is available to such source, except as provided in sioi^"^^" conver- y^iJ3gection (d)(3). For purposes of this paragraph, the term 'began conversion' means action by the source during the period beginning on September 15, 1973, and ending on March 15, 1974 (such as entering into a contract binding on such source for obtaining coal, or equipment or facilities to burn coal; expanding substantial sums to permit such source to burn coal; or applying for an air pollution variance to enable such source to burn coal) which the Administrator finds evidences a decision (made prior to March 15, 1974) to convert to burning coal as a result of the unavailability of an adequate supply of fuels required for compliance with the applicable implementation plan, and a good faith effort to expeditiously carry out such decision. Conditions. a^2)(A) A compliance date extension under paragraph (1) of this subsection may be issued to a source only if— (i) the Administrator finds that such source will not be able to burn coal which is available to such source in compliance with all applicable air pollution requirements without a compliance date extension, (ii) the Administrator finds that the source will be able during the period of the compliance date extension to comply with all the primary standard conditions which are required under subsection (d)(2) to be applicable to such source, and with the regional limitation if applicable to such source, and (iii) the source has submitted to the Administrator a plan for compliance for such source which the Administrator has approved. A plan submitted under clause (iii) of the preceding sentence shall be approved only if it meets the requirements of regulations prescribed under subparagraph (B). The Administrator shall approve or disapprove any such plan within 60 days after such plan is submitted. Regulations. u (^g-^ "J^QJ. j^tcr than 90 days after the date of enactment of this section, the Administrator shall prescribe regulations requiring that any schedule'!"''^ source to which a compliance date extension applies submit and obtain approval of its means for and schedule of compliance with the require-

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ments of subparagraph (C) of this paragraph. Such regulations shall include requirements that such schedules shall include dates by which any such source must— Contra "(i) enter into contracts (or other obligations enforceable approval.c t s, against such source) which the Administrator has approved as being adequate to provide for obtaining a long-term supply of coal which enables such source to achieve the emission reduction required by subparagraph (C), or "(ii) if coal which enables such source to achieve such emission reduction is not available to such source, enter into contracts (or other obligations enforceable against such source) which the Administrator has approved as being adequate to provide for obtaining (I) a long-term supply of other coal, and ( II) continuous emission reduction systems necessary to permit such source to burn such coal, and to achieve the degree of emission reduction required by subparagraph (C). Regulations under this subparagraph shall provide that contracts or other obligations required to be approved under this subparagraph must be approved before they are entered into (except that a contract or obligation which was entered into before the date of enactment of this section may be approved after such date). Emiss n r " (C) Regulations under subparagraph (B) shall require that the duction,i oreqi source achieve the most stringent degree of emission reduction that m e n t s. such source would have been required to achieve under the applicable implementation plan which was in effect on the date of submittal (under subparagraph (B) of this paragraph) of the means for and schedule of compliance (or if no applicable implementation plan was in effect on such date, under the first applicable implementation plan which takes effect after such date). Such degree of emission reduction shall be achieved as soon as practicable, but not later than December 31, 1978; except that, in the case of a source for which a continuous emission reduction system is required for sulfur-related emissions, reduction of such emissions shall be achieved on a date designated by the Administrator (but not later than January 1, 1979). Such regulations shall also include such interim requirements as the Administrator determines are reasonable and practicable, including requirements described in subparagraphs (A) and (B) of Progress subsection (b)(3) and requirements to file progress reports. " (D) A source which is issued a compliance date extension under report s. this subsection, and which is located in an air quality control region in which a national primary ambient air quality standard for an air pollutant is not being met, may not emit such pollutant in amounts which exceed any emission limitation (and may not violate any other requirement) which applies to such source, under the applicable implementation plan for such polhitant. For purposes of this subparagraph, applicability of any such limitation or requirement to a source shall be determined without regard to this subsection or subsection (b). "(3) A source to which this subsection applies may, upon the expiration of a compliance date extension, receive a one-year postponement of the application of any requirement of an applicable implementation plan under the conditions and in the manner provided 42 USC 1857C-5. in section 110(f).

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 252 Public notice.

E m i s s i o n limitations.

PUBLIC LAW 93-319-JUNE 22, 1974

[88 STAT.

"(4) The Administrator shall give notice to the public and afford an opportunity for oral and written presentations of data, views, and arguments before issuing any compliance date extension, prescribing any regulation under paragraph (2) of this subsection, making any finding under paragraph (2)(A) of this subsection, imposing any requirement on a source pursuant to paragraph (2) or any regulation thereunder, prescribing a primary standard condition under subsection (d)(2) which applies to a source to which an extension is issued under this subsection, or acting on any petition under subsection (d)(2)(C). " (d)(1)(A) Whenever the Federal Energy Administrator issues an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 which will not apply after June 30, 1975, the Administrator of the Environmental Protection Agency shall certify to him— " (i) in the case of a source to which no suspension will be issued under subsection (b), the earliest date on which such source will be able to burn coal and to comply with all applicable air pollution requirements, or " (ii) in the case of a source to which a suspension will be issued under subsection (b) of this section, the date determined under paragraph (2)(B) of this subsection. " (B) Whenever the Federal Energy Administrator issues an order under section 2(a) of such Act which will apply after June 30, 1975, the Administrator of the Environmental Protection Agency shall notify him if such source will be able, on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under subsection (c). If such notification is not given— " (i) in the case of a source which is eligible for a compliance date extension under subsection (c), the Administrator of the Environmental Protection Agency shall certify to the Federal Energy Administrator the date determined under paragraph (2) (B) of this subsection, and "(ii) in the case of a source which is not eligible for such an extension, the Administrator of the Environmental Protection Agency shall certify to the Federal Energy Administrator the earliest date on which the source will be able to burn coal and to comply with all applicable air pollution requirements. "(2)(A) The xYdministrator of the Environmental Protection Agency, after consultation with appropriate States, shall prescribe (and may from time to time, after such consultation, modify) emission limitations, requirements respecting pollution characteristics of coal, or other enforceable measures for control of emissions, for each source to which a suspension under subsection (b)(l)(A) ( i i) will apply, and for each source to which a compliance date extension under subsection (c)(1) will apply. Such limitations, requirements, and measures shall be those which he determines must be complied with by the source in order to assure (throughout the period that the suspension or extension will be in effect) that the burning of coal by such source will not result in emissions which cause or contribute to concentrations of any air pollutant in excess of any national primary ambient air quality standard for such pollutant.

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" (B) Whenever the Administrator prescribes a limitation, requirement, or measure under subparagraph (A) of this paragraph with respect to a source, he shall determine the earliest date on which such source will be able to comply with such limitation, requirement, or measure, and with any regional limitation applicable to such source. " (C) An air pollution control agency may petition the Administra- ti.fn'T'^^it'itii^for" tor (A) to modify any limitation, requirement, or other measure under modi/ication. this paragraph so as to assure compliance with the requirements of this paragraph, or (B) to issue to the Federal Energy Administration the certification described in paragraph (3)(B) on the grounds describ3d in clause (iii) thereof. The Administrator shall take the action requested in the petition, or deny the petition, within 90 days after the date of receipt of the petition. "(3)(A) If the Administrator determines that a source to which compliance. a suspension under subsection (b)(1)(A) (ii) or to which a compliance date extension under subsection (c)(1) applies is not in compliance with any primary standard condition, or that a source to which a compliance date extension applies is not in compliance with a regional limitation applicable to it, he shall (except as provided in subparagraph (B)) either— " (i) enforce compliance with such condition or limitation under section 113, or "(ii) (after notice to the public and affording an opportunity ^"t'li'^ notice. for interested persons to present data, views, and arguments, including oral presentations, to the extent practicable) revoke such suspension or compliance date extension. " (B) If the Administrator finds that for any period— " (i) a source, to which an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 applies, will be unable to comply with a primary standard condition or regional limitation, "(ii) such a source will not be in compliance with such a condition or limitation, but such condition or limitation cannot be enforced because of a court order restraining its enforcement, or "(iii) the burning of coal by such a source will result in an increase in emissions of any air pollutant for which national ambient air quality standards have not been promulgated (or an air pollutant which is transformed in the atmosphere into an air pollutant for which such a standard has not been promulgated), and that such increase may cause (or materially contribute to) a significant risk to public health, he shall notify the Federal Energy Administrator of his finding and certify the period for which such order under such section 2(a) shall not be in effect with respect to such source. Subject to the conditions of the preceding sentence, such certification may be modified from time to time. For purposes of this subsection, subsection (c), and section 2 (a) or (b) of the Energy Supply and Environmental Coordination Act of 1974, a source shall be considered unable to comply with an air pollution requirement (including a primary standard condition or regional limitation) only if necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time.

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42 USC 1857C-6. Continuous emission reduction s y s t e m s, manufacturing priorities, rules.

Unlawful a c t s.

42 USC 1 8 5 7 h - l. Electric generating p o w e r p l a n t s, c e s s a t i o n of operation, p o s t ponement.

PUBLIC LAW 93-319-JUNE 22, 1974

[88 STAT.

" (4) Nothing in this Act shall prohibit a State, political subdivision of a State, or agency or instrumentality of either, from enforcing any primary standard condition or regional limitation. "(5) A conversion to coal (A) to which a suspension under subsection (b) or a compliance date extension under subsection (c) applies or (B) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 shall not be deemed to be a modification for purposes of section 111(a)(2) and (4) of this Act. "(e) The Administrator may, by rule, establish priorities under which manufacturers of continuous emission reduction systems necessary to carry out subsection (c) shall provide such systems to users thereof, if he finds that priorities must be imposed in order to assure that such systems are first provided to sources in air quality control regions in which national primary ambient air quality standards have not been achieved. No rule under this subsection may impair the obligation of any contract entered into before the date of enactment of this section. To the extent necessary to carry out this section, the Administrator may prohibit any State or political subdivision of a State, or an agency or instrumentality of either, from requiring any person to use a continuous emission reduction system for which priorities have been established under this subsection, except in accordance with such priorities. "(f) No State, political subdivision of a State, or agency or instrumentality of either, may require any person to whom a suspension has been issued under subsection (b)(1) to use any fuel the unavailability of which is the basis of such person's suspension (except that this subsection shall not apply to requirements identical to Federal requirements under subsection (b)(3) or subsection (d)(2)). " (g)(1) I t shall be unlawful for any person to whom a suspension has been issued under subsection (b)(1) to violate any requirement on which the suspension is conditioned pursuant to subsection (b)(3) or any primary standard condition applicable to him. "(2) I t shall be unlawful for any person to fail to comply with any requirement under subsection (c), or any regulation, plan, or schedule thereunder (includinjrr a primary standard condition or regional limitation), which is applicable to such person. "(3) I t shall be unlawful for any person to violate any rule under subsection (e). "(4) I t shall be unlawful for Ifhy person to fail to comply with an interim requirement under subsection (i)(3). " (h) Nothing in this section shall affect the power of the Administrator to deal with air pollution presenting an imminent and substantial endangerment to the health of persons under section S03 of this Act. " (i)(l) I n order to reduce the likelihood of early phaseout of existing electric generating powerplants, any electric generating powerplant (A) which, because of the age and condition of the plant, is to be taken out of service permanently no later than January 1, 1980, according to the power supply plan (in existence on January 1, 1974) of the owner or operator of such plant, (B) for which a certification to that effect has been filed by the owner or operator of the plant with the Environmental Protection Agency and the Federal Power Commission, and (C) for which such Commission has determined that

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the certification has been made in good faith and that the plan to cease operations no later than January 1, 1980, will be carried out as planned in light of existing and prospective power supply requirements, shall be eligible for a single one-year postponement as provided in paragraph (2). " (2) Prior to the date on which any powerplant eligible under paragraph (1) is required to comply with any requirement of an applicable implementation plan, such plant may apply (with the concurrence of the Governor of the State in which such plant is located) to the Administrator to postpone the applicability of such requirement to such plant for not more than one year. If the Administrator determines, after considering the risk to public health and welfare which may be associated with a postponement, that compliance with any such requirement is not reasonable in light of the projected useful life of the plant, the availability of rate base increases to pay for the costs of such compliance, and other appropriate factors, then the Administrator shall grant a postponement of any such requirement. "(3) The Administrator shall, as a condition of any postponement under paragraph (2), prescribe such interim requirements as are practicable and reasonable in light of the criteria in paragraph (2). " (j)(l) The Administrator may, after public notice and opportunity for presentation of data, views, and arguments in accordance with section 553 of title 5, United States Code, and after consultation with the Federal Energy Administrator, designate persons with respect to whom fuel exchange requirements should be imposed under paragraph (2) of this subsection. The purpose of such designation shall be to avoid or minimize the adverse impact on public health and welfare of any suspension under subsection (b) of this section or conversion to coal to which subsection (c^l applies or of any allocation under section 2(d) of the Energy Supply and Environmental Coordination Act of 1974 or under the Emergency Petroleum Allocation Act of 19^3.

_

^

^

Public notice.

n o i " ' ' ' " '

"(2) The Federal Energy Administrator shall exercise his authority under section 2(d) of the Energy Supply and Environmental Coordination Act of 1974 and under the Emergency Petroleum Allocation Act of 1973 with respect to persons designated by the Administrator of the Environmental Protection Agency under paragraph (1) in order to require the exchange of any fuel subject to allocation under such Acts effective no later than forty-five days after the date of such designation, unless the Federal Energy Administrator determines, after consultation with the Administrator of the Environmental Protection Agency, that the costs or consumption of fuel, resulting from requiring such exchange, will be excessive. " (k)(1) The Administrator shall study, and report to Congress C o n g r e s s. cfn"?Js/^^°'*'° not later than six months after the date of enactment of this section, with respect to— " (A) the present and projected impact of fuel shortages and fuel allocation programs on the program under this Act; " (B) availability of continuous emission reduction technology (including projections respecting the time, cost, and number of units available) and the effects that continuous emission reduc-

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P u b l i c a t i o n in Federal Register.

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[88 STAT.

tion systems would have on the total environment and on supplies of fuel and electricity; " (C) the number of sources and locations which must use such technology based on projected fuel availability data; " (D) a priority schedule for installation of continuous emission reduction technology, based on public health or air quality; " (E) evaluation of availability of technology to burn municipal solid waste in electric powerplants or other major fuel burning installations, including time schedules, priorities, analysis of pollutants which may be emitted (including those for which national ambient air quality standards have not been promulgated), and a comparison of health benefits and detriments from burning solid waste and of economic costs; " (F) evaluation of alternative control strategies for the attainment and maintenance of national ambient air quality standards for sulfur oxides within the time for attainment prescribed in this Act, including associated considerations of cost, time for attainment, feasibility, and effectiveness of such alternative control strategies as compared to stationary source fuel and emission regulations; " (G) proposed priorities, for continuous emission reduction systems which do not produce solid waste, for sources which are least able to handle solid waste byproducts of such systems; " (H) plans for monitoring or requiring sources to which this section applies to monitor the impact of actions under this section on concentrations of sulfur dioxide in the ambient air; and " (I) steps taken pursuant to authority of section 110(a)(3)(B) of this Act. "(2) Beginning January 1, 1975, the Administrator shall publish in the Federal Kegister, at no less than one-hundred-and-eighty-day intervals, the following: " (A) A concise summary of progress reports which are required to be filed by any person or source owner or operator to which subsection (c) applies. Such progress reports shall report on the status of compliance with all requirements which have been imposed by the Administrator under such subsection. " (B) Up-to-date findings on the impact of this section upon— " (i) applicable implementation plans, and "(ii) ambient air quality." SEC. 4. IMPLEMENTATION PLAN REVISIONS.

42 USC 1857C-5,

Report to State.

Revised plans, submittal.

(a) Section 110(a) of the Clean Air Act is amended in paragraph (3) by inserting " (A) " after " (3) " and by adding at the end thereof the following new subparagraph: " (B) As soon as practicable, the Administrator shall, consistent with the purposes of this Act and the Energy Supply and Environmental Coordination Act of 1974, review each State's applicable implementation plans and report to the State on whether such plans can be revised in relation to fuel burning stationary sources (or persons supplying fuel to such sources) without interfering with the attainment and maintenance of any national ambient air quality standard within the period permitted in this section. If the Administrator determines that any such plan can be revised, he shall notify the State that a plan revision may be submitted by the State. Any plan revision

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which is submitted by the State shall, after public notice and opportunity for public hearing, be approved by the Administrator if the revision relates only to fuel burning stationary sources (or persons supplying fuel to such sources), and the plan as revised complies with paragraph (2) of this subsection. The Administrator shall approve or disapprove any revision no later than three months after its submission." (b) Subsection (c) of section 110 of the Clean Air Act is amended by inserting " (1) " after " (c) "; by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by adding at the end thereof the following new paragraph: " (2)(A) The Administrator shall conduct a study and shall submit a report to the Committee on Interstate and Foreign Commerce of the United States House of Representatives and the Committee on Public Works of the United States Senate not later than three months after date of enactment of this paragraph on the necessity of parking surcharge, management of parking supply, and preferential bus/carpool lane regulations as part of the applicable implementation plans required under this section to achieve and maintain national primary ambient air quality standards. The study shall include an assessment of the economic impact of such regulations, consideration of alternative means of reducing total vehicle miles traveled, and an assessment of the impact of such regulations on other Federal and State programs dealing with energy or transportation. I n the course of such study, the Administrator shall consult with other Federal officials including, but not limited to, the Secretary of Transportation, the Federal Energy Administrator, and the Chairman of the Council on Environmental Quality. " (B) No parking surcharge regulation may be required by the Administrator under paragraph (1) of this subsection as a part of an applicable implementation plan. All parking surcharge regulations previously required by the Administrator shall be void upon the date of enactment of this subparagraph. This subparagraph shall not prevent the Administrator from approving parking surcharges if they are adopted and submitted by a State as part of an applicable implementation plan. The Administrator may not condition approval of any implementation plan submitted by a State on such plan's including a parking surcharge regulation. " (C) The Administrator is authorized to suspend until January 1, 1975, the effective date or applicability of any regulations for the management of parking supply or any requirement that such regulations be a part of an applicable implementation plan approved or promulgated under this section. The exercise of the authority under this subparagraph shall not prevent the Administrator from approving such regulations if they are adopted and submitted by a State as part of an applicable implementation plan. If the Administrator exercises the authority under this subparagraph, regulations requiring a review or analysis of the impact of proposed parking facilities before construction which take effect on or after January 1, 1975, shall not apply to parking facilities on which construction has been initiated before January 1, 1975.

257 P u b l i c notice and hearing opportunity.

42 USC 1857C-5.

Transportation regulations study. Report, s u b mittal to c o n g r e s s i o n a l committees.

Parking surcharge.

Regulations, suspension authority.

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[88 STAT.

" (D) For purposes of this paragraph— "(i) The term 'parking surcharge regulation' means a regulation imposing or requiring the imposition of any tax, surcharge, fee, or other charge on parking spaces, or any other area used for the temporary storage of motor vehicles. " (ii) The term 'management of parking supply' shall include any requirement providing that any new facility containing a given number of parking spaces shall receive a permit or other prior approval, issuance of which is to be conditioned on air quality considerations. "(iii) The term 'preferential bus/carpool lane' shall include any requirement for the setting aside of one or more lanes of a street or highway on a permanent or temporary basis for the exclusive use of buses or carpools, or both. Promulgation. " (E) No Standard, plan, or requirement, relating to management of parking supply or preferential bus/carpool lanes shall be promulgated after the date of enactment of this paragraph by the Administrator pursuant to this section, unless such promulgation Public hearing, j^^^g bceu subjcctcd to at least one public hearing which has been held notice in the area affected and for which reasonable notice has been given in such area. If substantial changes are made following public hearings, one or more additional hearings shall be held in such area after such notice." SEC. 5. MOTOR VEHICLE EMISSIONS. 42 USC 1857f-l, (a) Section 2 0 2 (b)(1)(A) of the Clean Air Act is amended by striking out "1975" and inserting in lieu thereof "1977"; and by inserting after " (A) " the following: "The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light-duty vehicles and engines manufactured during loys'^rn/igye, model years 1975 and 1976 shall contain standards which are identical standards. to the interim standards which were prescribed (as of December 1, 1973) under paragraph (5)(A) of this subsection for light-duty vehicles and engines manufactured during model year 1975." (b) Section 202(b)(1)(B) of such Act is amended by striking out "1976" and inserting in lieu thereof "1978"; and by inserting after " (B) " the following: "The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model years 1975 and 1976 shall contain standards which are identical to the standards which were prescribed (as of December 1, 1973) under subsection (a) for light-duty vehicles and engines manufactured during model year 1975. The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model year 1977 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 2.0 grams per vehicle mile." (c) Section 2 0 2 (b)(5)(A) of such Act is amended to read as follows: 1977rs"spension " (5)(A) At any time after January 1, 1975, any manufacturer may reque'st. file with the Admiuistrator an application requesting the suspension for one year only of the effective date of any emission standard required by paragraph (1)(A) with respect to such manufacturer for light-duty vehicles and engines manufactured in model year 1977. The Administrator shall make his determination with respect to any such application within sixty days. If he determines, in accordance

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with the provisions of this subsection, that such suspension should be granted, he shall simultaneously with such determination prescribe by regulation interim emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1)(A) of this subsection) to emissions of carbon monoxide or hydrocarbons (or both) from such vehicles and engines manufactured during model year 1977." (d) Section 202(b)(5)(B) of the Clean Air Act is repealed and the following subparagraphs redesignated accordingly. SEC. 6. CONFORMING AMENDMENTS. (a)(1) Section 113(a)(3) of the Clean Air Act is amended by striking out "or" before "112(c)", by inserting a comma in lieu thereof, and by inserting after "hazardous emissions)" the following: ", or 119 (g) (relating to energy-related authorities)". (2) Section 113(b)(3) of such Act is amended by striking out "or 112(c)" and inserting in lieu thereof ", 112(c), or 119(g)". (3) Section 113(c)(1)(C) of such Act is amended by striking out "or section 112(cV' and inserting in lieu thereof ", section 112(c), or section 119(g)". (4) Section 114(a) of such Act is amended by inserting "119 or" before "303". (b) Section 116 of the Clean Air Act is amended by inserting "119 (c), (e), and (f)," before "209". (c)(1) The second sentence of subsection (b) of section 307 of such Act is amended by inserting ", or his action under section 119(c)(2) (A), (B), or (C) or under regulations thereunder," after "111(d)". (2) The third sentence of such subsection is amended by striking out "or approval" and inserting in lieu thereof ", approval, or action".

SEC. 7 PROTECTION OF PUBLIC HEALTH AND ENVIRONMENT. . (a) Any allocation program provided for in section 2 of this Act or in the Emergency Petroleum Allocation Act of 1973, shall, to the maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health. (b) In order to determine the health effects of emissions of sulfur oxides to the air resulting from any conversions to burning coal to which section 119 of the Clean Air Act applies, the Department of Health, Education, and Welfare shall, through the National Institute of Environmental Health Sciences and in cooperation with the Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended. (c)(1) No action taken under the Clean Air Act shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 856). (2) No action under section 2 of this Act for a period of one year after initiation of such action shall be deemed a major Federal action significantly affecting the quality of the human environment within

Repeal. 42 USC 1857f-l. 42 USC 1857C-8.

42 USC 1857C-9. 42 USC 18S7d-l. 42 USC 1857h-5.

15 USC 793. 15 USC 751 note.

study. Ante, p., 2 4 8.

Appropriation.

42

use

1857.

42 lote-

use

4321

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 260 42 USC 4321 note.

Environment evaluation, availability. 42 USC 4332.

Hearing.

Hydroelectric energy f a c i l i t i e s, construction.

16 USC 824a note.

42 USC 4 3 3 2.

15 USC 794.

Report to Congress.

Emergency Mass Transportation Assistance Plan, submittal to Congress.

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[88 STAT.

the meaning of the National Environmental Policy Act of 1969. However, before any action under section 2 of this Act that has a significant impact on the environment is taken, if practicable, or in any event within sixty days after such action is taken, an environmental evaluation with analysis equivalent to that required under section 102(2)(C) of the National Environmental Policy Act, to the greatest extent practicable within this time constraint, shall be prepared and circulated to appropriate Federal, State, and local government agencies and to the public for a thirty-day comment period after which a public hearing shall be held upon request to review outstanding environmental issues. Such an evaluation shall not be required where the action in question has been preceded by compliance with the National Environmental Policy Act by the appropriate Federal agency. Any action taken under section 2 of this Act which will be in effect for more than a one-year period or any action to extend an action taken under section 2 of this Act to a total period of more than one year shall be subject to the full provisions of the National Environmental Policy Act, notwithstanding any other provision of this Act. (d) In order to expedite the prompt construction of facilities for the importation of hydroelectric energy thereby helping to reduce the shortage of petroleum products in the United States, the Federal Power Commission is hereby authorized and directed to issue a Presidential permit pursuant to Executive Order 10485 of September 3, 1953, for the construction, operation, maintenance, and connection of facilities for the transmission of electric energy at the borders of the United States without preparing an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (83 Stat. 856) for facilities for the transmission of electric energy between Canada and the United States in the vicinity of Fort Covington, New York. SEC. 8. ENERGY CONSERVATION STUDY.

(a) The Federal Energy Administrator shall conduct a study on potential methods of energy conservation and, not later than six months after the date of enactment of this Act, shall submit to Congress a report on the results of such study. The study shall include, but not be limited to, the following: (1) the energy conservation potential of restricting exports of fuels or energy-intensive products or goods, including an analysis of balance-of-payments and foreign relations implications of any such restrictions; (2) alternative requirements, incentives, or disincentives for increasing industrial recycling and resource recovery in order to reduce energy demand, including the economic costs and fuel consumption tradeoff which may be associated with such recycling and resource recovery in lieu of transportation and use of virgin materials; and (3) means for incentives or disincentives to increase efficiency of industrial use of energy. (b) Within ninety days of the date of enactment of this Act, the Secretary of Transportation, after consultation with the Federal Energy Administrator, shall submit to the Congress for appropriate action an "Emergency Mass Transportation Assistance Plan" for the purpose of conserving energy by expanding and improving public

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PUBLIC LAW 93-319-JUNE 22, 1974

mass transportation systems and encouraging increased ridership as alternatives to automobile travel. (c) Such plan shall include, but shall not be limited to— (1) recommendations for emergency temporary grants to assist States and local public bodies and agencies thereof in the payment of operating expenses incurred in connection with the provision of expanded mass transportation service in urban areas; (2) recommendations for additional emergency assistance for the purchase of buses and rolling stock for fixed rail, including the feasibility of accelerating the timetable for such assistance under section 142(a)(2) of title 23, United States Code (the "Federal Aid Highway Act of 1973"), for the purpose of providing additional capacity for and encouraging increased use of public mass transportation systems; (3) recommendations for a program of demonstration projects to determine the feasibility of fare-free and low-fare urban mass transportation systems, including reduced rates for elderly and handicapped persons during nonpeak hours of transportation; (4) recommendations far additional emergency assistance for the construction of fringe and transportation corridor parking facilities to serve bus and other mass transportation passengers; (5) recommendations on the feasibility of providing tax incentives for persons who use public mass transportation systems. SEC. 9. REPORT.

The Administrator of the Environmental Protection Agency shall report to Congress not later than January 31, 1975, on the implementation of sections 3 through 7 of this Act.

Grants.

Fringe parking.

Tax incentives. 15 USC 795. Report to Congress.

SEC. 10. FUEL ECONOMY STUDY.

Title II of the Clean Air Act is amended by redesignating section 213 as section 214 and by adding the following new section:

42 USC 1857f.l.

FUEL ECONOMY IMPROVEMENT FROM NEW MOTOR VEHICLES

"SEC. 213. (a)(1) The Administrator and the Secretary of Transportation shall conduct a joint study, and shall report to the Committee on Interstate and Foreign Commerce of the United States House of Representatives and the Committees on Public Works and Commerce of the United States Senate within one hundred and twenty days following the date of enactment of this section, concerning the practicability of establishing a fuel economy improvement standard of 20 per centum for new motor vehicles manufactured during and after model year 1980. Such study and report shall include, but not be limited to, the technological problems of meeting any such standard, including the leadtime involved; the test procedures required to determine compliance; the economic costs associated with such standard, including any beneficial economic impact; the various means of enforcing such standard; the effect on consumption of natural resources, including energy consumed; and the impact of applicable safety and emission standards. I n the course of performing such study, the Administrator and the Secretary of Transportation shall utilize the research previously performed in the Department of Transportation, and the Administrator and the Secretary shall consult with the Federal Energy

42 USC 1 6f. Report to cori" gressional committees.

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[88 STAT.

co°'::>ent:r^"^"'Administrator the Chairman of the Council on Environmental Quality, and the Secretary of the Treasury. The Office of Management and Budget may review such report before its submission to such committees of the Congress, but such Office may not revise the report or delay its submission beyond the date prescribed for its submission, and may submit to Congress its comments respecting such report. In connection with such study, the Administrator may utilize 42 USC 1857h-5. the authority provided in section 307(a) of this Act to obtain necessary information. " F u e l economy " (2) For the purpose of this section, the term 'fuel economy improveimprovement ment standard' means a requirement of a percentage increase in the standard." number of miles of transportation provided by a manufacturer's entire annual production of new motor vehicles per unit of fuel consumed, as determined for each manufacturer in accordance with test procedures established by the Administrator pursuant to this Act. Such term shall not include any requirement for any design standard or any other requirement specifying or otherwise limiting the manufacturer's discretion in deciding how to comply with the fuel economy improvement standard by any lawful means." 15 USC 796.

15 USC 751 note. Rules.

Accuracy, verification.

SEC. 11. REPORTING OF ENERGY INFORMATION.

(a) For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this Act or the Emergency Petroleum Allocation Act of 1973. The Federal Energy Administrator shall promptly promulgate rules pursuant to subsection (b)(1)(A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days. (b)(1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized— (A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports; (B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Federal Energy Administrator may determine; and (D) to administer oaths. (2) For the purpose of verifying the accuracy of any energy information requested, acquired, or collected by the Federal Energy Administrator, the Federal Energy Administrator, or any officer or

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employer duly designated by him, upon presenting appropriate credentials and a written notice from the Federal Energy Administrator to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any business premise or facility; and (B) inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any such energy information. (3) Any United States district court within the jurisdiction of which any inquiry is carried on may, upon petition by the Attorney General at the request of the Federal Energy Administrator, in the case of refusal to obey a subpena or order of the Federal Energy Administrator issued under this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c)(1) The Federal Energy Administrator shall exercise the authorities granted to him under subsection (b)(1)(A) to develop, within thirty days after the date of enactment of this Act, as full and accurate a measure as is reasonably practicable of— (A) domestic reserves and production; (B) imports; and (C) inventories; of crude oil, residual fuel oil, refined petroleum products, natural gas, and coal. (2) For each calendar quarter beginning with the first complete calendar quarter following the date of enactment of this Act, the Federal Energy Administrator shall develop and publish a report containing the following energy information: (A) Imports of crude oil, residual fuel oil, refined petroleum products (by product), natural gas, and coal, identifying (with respect to each such oil, product, gas, or coal) country of origin, arrival point, quantity received, and the geographic distribution within the United States. (B) Domestic reserves and production of crude oil, natural gas, and coal. (C) Refinery activities, showing for each refinery within the United States (i) the amounts of crude oil run by such refinery, (ii) amounts of crude oil allocated to such refinery pursuant to regulations and orders of the Federal Energy Administrator, his delegate pursuant to the Emergency Petroleum Allocation Act of 1973, or any other person authorized by law to issue regulations and orders with respect to the allocation of crude oil, (iii) percentage of refinery capacity utilized, and (iv) amounts of products refined from such crude oil. (D) Report of inventories, on a national, regional, and Stateby-State basis— (i) of various refined petroleum products, relating refiners, refineries, suppliers to refiners, share of market, and allocation fractions; (ii) of various refined petroleum products, previous quarter deliveries and anticipated three-month available supplies;

263

Compliance order.

Energy information, quarterly report.

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