[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR313.2]



[Page 336-337]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 313_IMPLEMENTATION OF THE ENERGY POLICY AND CONSERVATION ACT

--Table of Contents

 

Sec. 313.2  Policy.



    (a) General. 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 DOT's overall mandate, to be considered along with 

the several public interest and public convenience and necessity factors 

enumerated in section 40101 of the Statute. To the extent practicable 

and consistent with DOT's authority under the Statute and other law, 

energy conservation and efficiency are to be weighed in the 

decisionmaking process just as are DOT's traditional policies and 

missions.

    (b) Implementation. Implementation of this policy is through the 

integration of energy findings and conclusions into decisions, opinions, 

or orders in proceedings involving a major regulatory action, as defined 

in this part.

    (c) Proceedings in progress. The provisions of this part are 

intended primarily for prospective application. Proceedings in progress 

on the effective date of this part, in which an application has been 

docketed but no final decision made public, shall adhere to Sec. 

313.6(a) of this part, provided that the fair, efficient, and timely 

administration of DOT's regulatory activities is not compromised 

thereby. Nothing herein shall imply a requirement for new or additional 

hearings, a reopening of the record, or any other procedures which would 

tend to delay a timely decision in proceedings in progress.

    (d) Hearings. Public hearings will not normally be held for the 

purpose of implementing 42 U.S.C. 6362, particularly in connection with 

proposed actions



[[Page 337]]



which do not require notice and hearing 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 peculiarly subject to 

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]