Page:United States Statutes at Large Volume 91.djvu/620

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 586

PUBLIC LAW 95-91—AUG. 4, 1977 REFERRAL OF OTHER RULEMAKING PROCEEDINGS TO COMMISSION

42 USC 7174.

Public comment.

Recommendations, publication.

SEC. 404. (a) Except as provided in section 403, whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under section 301 or 306 of this Act, he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 402(a)(1), (b), and (c)(1), the Secretary shall immediately^ refer the matter to the Commission, which shall provide an opportunity for public comment. (b) Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either— (1) concur in adoption of this rule or statement as proposed by the Secretary; (2) concur in adoption of the rule or statement only with such changes as it may recommend; or (3) recommend that the rule or statement not be adopted. The Commission shall promptly publish its recommendations, adopted under this subsectioUj along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period. (c) Following publication of the Commission's recommendations the Secretary shall have the option of— (1) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1); (2) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or statement pursuant to subsection (b)(2); or (3) ordering that the rule shall not be issued. The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5, United States Code. RIGHT o r SECRETARY TO INTERVENE I N COMMISSION PROCEEDINGS

42 USC 7175.

SEC. 405. The Secretary may as a matter of right intervene or otherwise participate in any proceeding before the Commission. The Secretary shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceeding or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof. The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to assure procedure fairness to all participants. REORGANIZATION

42 USC 7176. SEC. 406. For the purposes of chapter 9 of title 5, United States 5 USC 901 et seq. Code, the Commission shall be deemed to be an independent regulatory agency.