Page:United States Statutes at Large Volume 90 Part 2.djvu/572

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PUBLIC LAW 94-000—MMMM. DD, 1976

9 0 STAT. 2040

Publication in Federal Register.

PUBLIC LAW 94-469—OCT. 11, 1976 (C) any transcript reouired to be made of oral presentations made in proceedings f'^r the promulgation of such r u l e; (D) any written submission of interested parties respecting the promulgation of such rule; and (E) any other information which the Administrator considers to be relevant to such rule and which the Administrator identified, on or before the date of the promulgation of such rule, in a notice published in the Federal Ecgister. (b) ADDITIONAL SUBMISSIONS AND PRESENTATIONS; MODIFICATIONS.—

Review.

If in a n action under this section to review a rule the petitioner or the Administrator applies to the court for leave to make additional oral submissions or written presentations respecting such rule and shows to the satisfaction of the court that such submissions and presentations would be material and that there were reasonable grounds for the submissions and failure to make such submissions and presentations in the proceeding before the Administrator, the court may order the Administrator to provide additional opportunity to make such submissions and presentations. The Administrator may modify or set aside the rule being reviewed or make a new rule by reason of the additional submissions and presentations and shall file such modified or new rule with the return of such submissions and presentations. The court shall thereafter review such new or modified rule. (c) STANDARD OF R E VI E W. — (1)(A) Upon the filing of a petition

under subsection (a)(1) for judicial revicAV of a rule, the court shall have jurisdiction (i) to g r a n t a p p r o p r i a t e relief, including interim relief, as provided in chapter 7 of title 5, United States Code, and (ii) except as otherwise provided in subparagraph (B), to review such rule in accordance with chapter 7 of title 5, United States Code. (B) Section 706 of title 5, United States Code, shall apply to review of a rule under this section, except that— (i) in the case of review of a rule under section 4(a), 5 (b)(4), 6 (a), or 6 (e), the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence i n the rulemaking record (as defined in subsection (a)(3)) taken as a whole; (ii) i n the case of review of a rule under section 6(a), the court shall hold unlawful and set aside such rule if it finds that— (I) a determination by the Administrator under section 6(c)(3) that the petitioner seeking review of such rule is not entitled to conduct (or have conducted) cross-examination or to present rebuttal submissions, or ( II) a rule of, or ruling by, the Administrator under section 6(c)(3) limiting such petitioner's cross-examination or oral presentations, has precluded disclosure of disputed material facts which w a s necessary to a fair determination by the Administrator of the rulemaking proceeding taken as a whole; and section 706(2)(D) shall not apply with respect to a determination, rule, or ruling referred to in subclause (I) or ( II); and (iii) the court may not review the contents and adequacy of— (I) any statement required to be made pursuant to section 6(c)(1),or ( II) any statement of basis and purpose required by section 553(c) of title 5, United States Code, to be incorporated in the rule except as part of a review of the rulemaking record taken as a whole.