42 U.S.C. § 9127: Periodic review and revision…

Summary

Must review regulations that affect ocean thermal energy conversion technology at least once every 3 years. The Administrator and the Secretary who runs the Coast Guard must do the review with the Secretary of Energy. They must put the results in the next required annual report. They must change any rules that slow or block development or commercialization. The Secretary of Energy can suggest changes, but the Administrator or Coast Guard Secretary has the sole authority to act and must decide quickly, including holding at least one informal hearing under federal administrative hearing rules.

Title 42, §9127

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

The Administrator and the Secretary of the department in which the Coast Guard is operating shall periodically, at intervals of not more than every 3 years, and in consultation with the Secretary of Energy, review any regulations promulgated pursuant to the provisions of this subchapter to determine the status and impact of such regulations on the continued development, evolution, and commercialization of ocean thermal energy conversion technology. The results of each such review shall be included in the next annual report required by section 9165 of this title. The Administrator and such Secretary are authorized and directed to promulgate any revisions to the then effective regulations as are deemed necessary and appropriate based on such review, to ensure that any regulations promulgated pursuant to the provisions of this subchapter do not impede such development, evolution, and commercialization of such technology. Additionally, the Secretary of Energy is authorized to propose, based on such review, such revisions for the same purpose. The Administrator or such Secretary, as appropriate, shall have exclusive jurisdiction with respect to any such proposal by the Secretary of Energy and, pursuant to applicable procedures, shall consider and take final action on any such proposal in an expeditious manner. Such consideration shall include at least one informal hearing pursuant to the procedures in section 553 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 9165 of this title, referred to in text, was omitted from the Code.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§9127 Periodic Review and Revision of Regulations