§6362 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Some federal agencies must add a short statement to any major rule that explains how the rule will likely affect energy efficiency and energy conservation, when practical and when it does not conflict with other legal duties. "Agency" here means the Department of Transportation (for rules under part A of subtitle VII of Title 49), the Interstate Commerce Commission, the Federal Maritime Commission, and the Federal Power Commission. The rule does not apply to actions taken under laws meant to protect public health or safety.

Title 42, §6362

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section, “agency” means—

(1)the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code;

(2)the Interstate Commerce Commission;

(3)the Federal Maritime Commission; and

(4)the Federal Power Commission.

(b)Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation.

(c)Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–272, § 4(h)(1), added subsec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and administration of laws permitting inefficient use of energy. Subsec. (b). Pub. L. 103–272, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”.

Statutory Notes and Related Subsidiaries

Abolition of Interstate Commerce Commission and

Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

§6362 Energy conservation policies and practices