§6393 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Apply the procedural parts of the Administrative Procedure Act (subchapter II of chapter 5 of title 5) to rules made under Title I (except section 103), Title II, and this title, except for parts that only change other laws. For important rules that apply to many people, agencies must publish them in the Federal Register and give at least 30 days for public comment before the rule starts. The President can shorten that to at least 10 days if waiting would seriously hurt the program, or skip the comment period entirely for a national-security emergency with a written finding. When State or local officers make such rules, they should, when possible, publish notice in enough newspapers to reach the most people. People must also be given a chance to speak in person about the rule. That should happen before the rule starts if possible, but must happen no later than 45 days after the rule starts (or within 10 days if the comment period was fully waived). A transcript must be kept of any oral presentation. Agencies must allow adjustments to avoid special hardship, unfairness, or uneven burdens. They must set up procedures for asking for an interpretation, change, cancellation, exception, or exemption, and provide hearings when helpful. If a request is denied, the person can ask the agency to review the denial and can seek court review under subsection (b). Court review follows the procedures in section 211 of the Economic Stabilization Act of 1970, and those procedures apply even though that Act later expired. After any grant or denial of an exception or exemption, an agency must give a written opinion stating the facts and legal reasons if a person asks in writing, and must do so within 30 days of the request.

Title 42, §6393

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

(a)(1)Subject to paragraphs (2), (3), and (4) of this subsection, the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule, regulation, or order having the applicability and effect of a rule as defined in section 551(4) of title 5 issued under title I (other than section 103 11 See References in Text note below. thereof) and title II of this Act, or this title 1 (other than any provision of such titles which amends another law).

(2)(A)Notice of any proposed rule, regulation, or order described in paragraph (1) which is substantive and of general applicability shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum of 30 days following the date of such publication and prior to the effective date of the rule shall be provided for opportunity to comment; except that the 30-day period for opportunity to comment prior to the effective date of the rule may be—

(i)reduced to no less than 10 days if the President finds that strict compliance would seriously impair the operation of the program to which such rule, regulation, or order relates and such findings are set out in such rule, regulation, or order, or

(ii)waived entirely, if the President finds that such waiver is necessary to act expeditiously during an emergency affecting the national security of the United States.

(B)Public notice of any rule, regulation, or order which is substantive and of general applicability which is promulgated by officers of a State or political subdivision thereof or to State or local boards which have been delegated authority pursuant to title I or II of this Act or this title (other than any provision of such title) 22 So in original. The closing parenthesis probably should follow “another law”. which amend 33 So in original. Probably should be “amends”. another law shall, to the maximum extent practicable, be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of general circulation calculated to receive widest practicable notice.

(3)In addition to the requirements of paragraph (2) and to the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation.

(4)Any officer or agency authorized to issue rules, regulations, or orders described in paragraph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, or an exception to or exemption from, such rules, regulations and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with subsection (b) or other applicable law when such denial becomes final. The officer or agency shall, by rule, establish appropriate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph.

(b)The procedures for judicial review established by section 211 of the Economic Stabilization Act of 1970 shall apply to proceedings to which subsection (a) applies, as if such proceedings took place under such Act. Such procedures for judicial review shall apply notwithstanding the expiration of the Economic Stabilization Act of 1970.

(c)Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) shall, upon written request of any person, which request is filed after any grant or denial of a request for exception or exemption from any such rule, regulation, or order, furnish such person, within 30 days after the date on which such request is filed, with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(1), (2)(B), (4), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. Title I of the Act is classified principally to subchapter I (§ 6211 et seq.) of this chapter. section 103 of the Act was classified to section 6212 of this title, prior to repeal by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. Title II of the Act is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 6201 of this title and Tables. This title, referred to in subsec. (a)(1), (2)(B), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables. The Economic Stabilization Act of 1970, referred to in subsec. (b), is title II of Pub. L. 91–379, Aug. 15, 1970, 84 Stat. 799, formerly set out as an Economic Stabilization Provisions note under section 1904 of Title 12, Banks and Banking.

§6393 Administrative procedure and judicial review