1、329 Office of the Secretary, DOT 313.2 judge denying a motion to quash a sub-pena. In such cases, the DOT decision-maker may order that the return date of a subpena which he or she has elect-ed to review be stayed pending DOT ac-tion thereon. Docket No. 82, 50 FR 2421, Jan. 16, 1985, as amended at 6
2、5 FR 6457, Feb. 9, 2000 PART 313IMPLEMENTATION OF THE ENERGY POLICY AND CON-SERVATION ACT Sec. 313.1 Purpose, scope, and authority. 313.2 Policy. 313.3 Definitions. 313.4 Major regulatory actions. 313.5 Energy information. 313.6 Energy statements. 313.7 Integration with environmental proce-dures. AU
3、THORITY: 42 U.S.C. 6362(b), 49 U.S.C. Chapter 401. SOURCE: Docket No. 82, 50 FR 2425, Jan. 16, 1985, unless otherwise noted. 313.1 Purpose, scope, and authority. (a) Chapter 77 (Energy Conservation) of Title 42 (The Public Health and Wel-fare), authorizes and directs certain ac-tions to conserve ene
4、rgy supplies through energy conservation programs and where necessary, the regulation of certain energy uses, and to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products. In further-ance of these purposes, 42 U.S.C. 6362 requires several tra
5、nsportation regu-latory agencies, including DOT, to sub-mit a number of reports to the Con-gress with respect to energy conserva-tion and efficiency, and where prac-ticable and consistent with the exer-cise of DOTs authority under other law, to include in any major regulatory action a statement of i
6、ts probable im-pact on energy efficiency and energy conservation. 42 U.S.C. 6362(b) directs DOT to define the term major regu-latory action by rule. (b) Section 40113 of Subtitle VII of Title 49 of the United States Code (Transportation)(the Statute), au-thorizes DOT to establish such rules, regulat
7、ions, and procedures as are nec-essary to the exercise of its functions and are consistent with the purposes of the Statute. (c) The purpose of these regulations is to establish procedures and guide-lines for the implementation of DOTs responsibility under 42 U.S.C. 6362 to include in any major regu
8、latory action taken by DOT a statement of the prob-able impact on energy efficiency and energy conservation. (d) These regulations apply to all proceedings before DOT, as provided herein. Docket No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43528, 43529, Aug. 22, 1995 313.2 Policy. (a) Gene
9、ral. It is the policy of DOT to view the conservation of energy and the energy efficiency improvement goals of Chapter 77 of Title 42 as part of DOTs overall mandate, to be consid-ered along with the several public in-terest and public convenience and ne-cessity factors enumerated in section 40101 o
10、f the Statute. To the extent practicable and consistent with DOTs authority under the Statute and other law, energy conservation and efficiency are to be weighed in the decision-making process just as are DOTs tradi-tional policies and missions. (b) Implementation. Implementation of this policy is t
11、hrough the integration of energy findings and conclusions into decisions, opinions, or orders in pro-ceedings involving a major regulatory action, as defined in this part. (c) Proceedings in progress. The provi-sions of this part are intended pri-marily for prospective application. Proceedings in pr
12、ogress on the effec-tive date of this part, in which an ap-plication has been docketed but no final decision made public, shall adhere to 313.6(a) of this part, provided that the fair, efficient, and timely adminis-tration of DOTs regulatory activities is not compromised thereby. Nothing herein shal
13、l imply a requirement for new or additional hearings, a reopening of the record, or any other procedures which would tend to delay a timely de-cision in proceedings in progress. (d) Hearings. Public hearings will not normally be held for the purpose of im-plementing 42 U.S.C. 6362, particularly in c
14、onnection with proposed actions VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-330 14 CFR Ch. II (1111
15、 Edition) 313.3 which do not require notice and hear-ing as a prerequisite to decision under the Statute. Hearings may be ordered in exceptional circumstances where the proposed action is of great magnitude or widespread public interest and, in addition, presents complex issues pecu-liarly subject t
16、o resolution through evidentiary hearings and the process of cross-examination. Docket No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43528, 43529, Aug. 22, 1995 313.3 Definitions. As used in this part: (a) Energy efficiency means the ratio of the useful output of services in air transportat
17、ion to the energy consump-tion of such services. (b) Energy statement is a statement of the probable impact of a major regu-latory action on energy efficiency and energy conservation, contained in a de-cision, opinion, order, or rule. (c) Major regulatory action is any deci-sion by the DOT decisionm
18、aker or ad-ministrative law judge requiring an en-ergy statement pursuant to 313.4 of this part. (d) NEPA means the National Envi-ronmental Policy Act of 1969. (e) Statute means Subtitle VII of Title 49 of the United States Code (Transportation). Docket No. 82, 50 FR 2425, Jan. 16, 1985, as amended
19、at 60 FR 43529, Aug. 22, 1995 313.4 Major regulatory actions. (a) Any initial, recommended, ten-tative or final decision, opinion, order, or final rule is a major regulatory ac-tion requiring an energy statement, if it: (1) May cause a near-term net annual change in aircraft fuel consumption of 10 m
20、illion (10,000,000) gallons or more, compared to the probable consumption of fuel were the action not to be taken; or (2) Is specifically so designated by DOT because of its precedential value, substantial controversy with respect to energy conservation and efficiency, or other unusual circumstances
21、. (b) Notwithstanding paragraph (a)(1) of this section, the following types of actions shall not be deemed as major regulatory actions requiring an energy statement: (1) Tariff suspension orders under section 41509 of the Statute, emergency exemptions or temporary exemptions not exceeding 24 months
22、under section 40109 of the Statute and other pro-ceedings in which timely action is of the essence; (2) Orders instituting or declining to institute investigations or rulemaking, setting or declining to set applications for hearing, on reconsideration, or on requests for stay; (3) Other procedural o
23、r interlocutory orders; (4) Actions taken under delegated au-thority; and (5) Issuance of a certificate where no determination of public convenience and necessity is required. (c) Notwithstanding paragraph (a)(1) of this section, DOT may provide that an energy statement shall not be pre-pared in a p
24、roceeding which may result in a major regulatory action, if it finds that: (1) The inclusion of an energy state-ment is not consistent with the exer-cise of DOTs authority under the Stat-ute or other law; (2) The inclusion of an energy state-ment is not practicable because of time constraints, lack
25、of information, or other unusual circumstances; or (3) The action is taken under laws de-signed to protect the public health or safety. Docket No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43529, Aug. 22, 1995 313.5 Energy information. (a) It shall be the responsibility of applicants and ot
26、her parties or partici-pants to a proceeding which may in-volve a major regulatory action to sub-mit sufficient information about the energy consumption and energy effi-ciency consequences of their proposals or positions in the proceeding to enable the administrative law judge or the DOT decisionmak
27、er, as the case may be, to determine whether the pro-ceeding will in fact involve a major regulatory action for purposes of this part, and if so, to consider the relevant energy factors in the decision and pre-pare the energy statement. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 0034
28、0 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-331 Office of the Secretary, DOT Pt. 323 (b) In proceedings involving evi-dentiary hearings, the energy informa-tion s
29、hall be submitted at such hear-ings pursuant to DOTs usual proce-dural regulations and practices, under control of the administrative law judge or other hearing officer. (c) In proceedings not involving evi-dentiary hearings, the energy informa-tion shall be submitted at such time as other materials
30、 in justification of an application are submitted. Where an application itself is intended as jus-tification for DOT action, the energy information shall be submitted with the application. In rulemakings not in-volving hearings, the energy informa-tion shall normally be submitted along with comments
31、 on the notice of pro-posed rulemaking, or as directed in any such notice or any advance notice. 313.6 Energy statements. (a) Each major regulatory action shall include, to the extent practicable, consideration of the probable impact of the action taken or to be taken upon energy efficiency and cons
32、ervation. The administrative law judge or the DOT decisionmaker, as the case may be, shall normally make findings and conclusions about: (1) The net change in energy con-sumption; (2) The net change in energy effi-ciency; and (3) The balance struck between en-ergy factors and other public interest a
33、nd public convenience and necessity factors in the decision. (b) Energy findings and conclusions contained in any initial or rec-ommended decision are a part of that decision and thus subject to discre-tionary review by DOT. (c) In the case of orders to show cause initiated by DOT, energy find-ings
34、and conclusions may be omitted if adequate information is not available. In such instances, the energy state-ment shall be integrated into the final decision. 313.7 Integration with environmental procedures. (a) In proceedings in which an envi-ronmental impact statement or a find-ing of no significa
35、nt impact is prepared by a responsible official pursuant to DOTs procedures implementing the National Environmental Policy Act of 1969 (NEPA), the energy information called for by this part may be included in that statement or declaration in order to yield a single, comprehensive document. In such i
36、nstances, the DOTs NEPA procedures shall govern the sub-mission of the energy information. However, it shall remain the responsi-bility of the administrative law judge or the DOT decisionmaker, as the case may be, to make the findings and con-clusions required by 313.6(a) of this part. (b) A determi
37、nation that a major reg-ulatory action within the meaning of 42 U.S.C. 6362 and this part may be in-volved in a proceeding is independent from any determination that the pro-ceeding is a major Federal action sig-nificantly affecting the quality of the human environment within the mean-ing of NEPA, a
38、nd vice versa. Docket No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43528, 43529, Aug. 22, 1995 PART 314 RESERVED PART 323TERMINATIONS, SUS-PENSIONS, AND REDUCTIONS OF SERVICE Sec. 323.1 Applicability. 323.2 Definitions. 323.3 Who shall file notices. 323.4 Contents of notices. 323.5 Time fo
39、r filing notices. 323.6 General requirements for notices. 323.7 Service of notices. 323.8 Exemptions. 323.9 Objections to notices. 323.10 Time for filing objections. 323.11 Answers to objections. 323.12 General requirements for objections and answers. 323.13 DOT actions. 323.14 Temporary suspension
40、authority for involuntary interruption of service. 323.15 Report to be filed after strikes. 323.16 Listings in schedule publications. 323.17 Delays in discontinuing service. 323.18 Carriers obligations when termi-nating, suspending, or reducing air serv-ice. 323.19 Withdrawal notice by exemption car
41、-riers in certain limited-entry markets. AUTHORITY: 49 U.S.C. Chapters 401, 411, 417. SOURCE: Docket No. 82, 50 FR 2430, Jan. 16, 1985, unless otherwise noted. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
