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1 this Act shall to the maximum extent practicable be achieved 2 by publication of such rules or orders in a sufficient number

3 of newspapers of statewide circulation calculated to receive widest possible notice.

4

5 (3) In addition to the requirements of paragraph (2), 6 unless the President determines that a rule or order described

8

7 in paragraph (1) is not likely to have a substantial impact on the Nation's economy or upon a significant segment 9 thereof, an opportunity for oral presentation of views, data, 10 and argument shall be afforded. To the maximum extent 11 practicable, such cpportunity shall be afforded prior to the 12 implementation of such rule or order, but in all cases such 13 opportunity shall be afforded no later than 45 days after 14 the implementation of any such rule or order. A transcript 15 shall be kept of any oral presentation.

16

(4) Any officer or agency authorized to issue rules or 17 orders described in paragraph (1) shall provide for the mak18 ing of such adjustments, consistent with the other purposes 19 of this Act or the Emergency Petroleum Allocation Act of 20 1973 (as the case may be), as may be necessary to prevent 21 special hardships, inequity, or an unfair distribution of bur22 dens and shall in rules prescribed by it establish procedures 23 which are available to any person for the purpose of seek24 ing an interpretation, modification, or rescission of, or an 25 exception to or exemption from, such rules and orders. If

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1 such person is aggrieved or adversely affected by the denial

2

of a request for such action under the preceding sentence, he 3 may request a review of such denial by the officer or agency. 4 and may obtain judicial review in accordance with subsec5 tion (b) or other applicable law when such denial becomes 6 final. The officer or agency shall, in rules prescribed by it, 7 establish appropriate procedures, including a hearing where 8 deemed advisable, for considering such requests for action 9 under this paragraph.

(b) (1) Judicial review of administrative rulemaking 11 of general and national applicability done under this title 12 may be obtained only by filing a petition for review in the 13 United States Court of Appeals for the District of Columbia 14 within thirty days from the date of promulgation of any 15 such rule or regulation, and judicial review of administra16 tive rulemaking of general, but less than national, applica17 bility done under this title may be obtained only by filing a 18 petition for review in the United States Court of Appeals 19 for the appropriate circuit within thirty days from the date 20 of promulgation of any such rule or regulation, the appro21 priate circuit being defined as the circuit which contains the area or the greater part of the area within which the rule or regulation is to have effect.

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23

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(2) Notwithstanding the amount in controversy, the

25 district courts of the United States shall have exclusive orig

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1 inal jurisdiction of all other cases or controversies arising un2 der this title, or under regulations or orders issued thereunder, 3 except any actions taken by the Civil Aeronautics Board, the 4 Interstate Commerce Commission, the Federal Power Com5 mission, or the Federal Maritime Commission, or any actions 6 taken to implement or enforce any rule or order by any officer 7 of a State or political subdivision thereof or State or local 8 board which has been delegated authority under section 9 120 of this Act except that nothing in this section affects the 10 power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the consti13 tutionality of this title or the validity of action taken by any 14 agency under this title). If in any such proceeding an issue by way of defense is raised based on the constitutionality of this Act or the validity of agency action under this title, the

11

12

15

16

17

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case shall be subject to removal by either party to a district 18 court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. (3) This subsection shall not apply to any rule, regula21 tion, or order issued under the Emergency Petroleum Allo22 cation Act of 1973 or to any rule under section 111 of this title.

23

24 (4) The finding required by section 4 (h) (2) of the 25 Emergency Petroleum Allocation Act of 1973 shall not be

49

1 judicially reviewable under this subsection or under any 2 other provision of law.

3 (c) The Administrator may by rule prescribe proce

4 dures for State or local boards which carry out functions

5

under this Act or the Emergency Petroleum Allocation Act 6 of 1973. Such procedures shall apply to such boards in lieu 7 of subsection (a), and shall require that prior to taking any 8 action, such boards shall take steps reasonably calculated to 9 provide notice to persons who may be affected by the action, 10 and shall afford an opportunity for presentation of views 11 (including oral presentation of views where practicable) at 12 least 10 days before taking the action. Such boards shall be 13 of balanced composition reflecting the makeup of the com14 munity as a whole.

15

(d) In addition to the requirements of section 552 of 16 title 5, United States Code, any agency authorized by this 17 title of the Emergency Petroleum Allocation Act of 1973 to 18 issue rules or orders shall make available to the public all 19 internal rules and guidelines which may form the basis, in 20 whole or in part, for any rule or order with such modifica21 tions as are necessary to insure confidentiality protected 22 under such section 552. Such agency shall, upon written 23 request of a petitioner filed after any grant or denial of a 24 request for exception or exemption from rules or orders, 25 furnish the petitioner with a written opinion setting forth

50

1 applicable facts and the legal basis in support of such grant

2

or denial. Such opinions shall be made available to the peti

3 tioner and the public within thirty days of such request and

4 with such modifications as are necessary to insure confiden5 tiality of information protected under such section 552. 6 SEC. 117. PROHIBITED ACTS.

7 It shall be unlawful for any person to violate any provi8 sion of title I of this Act (other than provisions of this Act 9 which make amendments to the Emergency Petroleum Allo10 cation Act of 1973 and section 111) or to violate any 11 rule, regulation (including an energy conservation plan), or 12 order issued pursuant to any such provision.

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14

SEC. 118. ENFORCEMENT.

(a) Whoever violates any provision of section 117 15 shall be subject to a civil penalty of not more than $2,500 16 for each violation.

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(b) Whoever willfully violates any provision of section 18 117 shall be fined not more than $5,000 for each violation. (c) It shall be unlawful for any person to offer for sale or distribute in commerce any product or commodity in 21 violation of an applicable order or regulation issued pursuant

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22

to this Act. Any person who knowingly and willfully violates 23 this subsection after having been subjected to a civil penalty 24 for a prior violation of the same provision of any order or 25 regulation issued pursuant to this Act shall be fined not more