[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: 14CFR313.4]



[Page 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. 313.4  Major regulatory actions.



    (a) Any initial, recommended, tentative or final decision, opinion, 

order, or final rule is a major regulatory action requiring an energy 

statement, if it:

    (1) May cause a near-term net annual change in aircraft fuel 

consumption of 10 million (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.

    (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 

under section 40109 of the Statute and other proceedings 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 or interlocutory orders;

    (4) Actions taken under delegated authority; 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 prepared in a proceeding 

which may result in a major regulatory action, if it finds that:

    (1) The inclusion of an energy statement is not consistent with the 

exercise of DOT's authority under the Statute or other law;

    (2) The inclusion of an energy statement is not practicable because 

of time constraints, lack of information, or other unusual 

circumstances; or

    (3) The action is taken under laws designed 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]