129 



graphic area, or State described in subclauses (I) 

 through (III), as the case may be. 



(ii) For purposes of this subparagraph — 



(I) the term "unit of local government" 

 means a county, municipality, town, township, 

 village, or other unit of general government 

 below the State level; and 



(II) the term "geographic area within a State" 

 means a special purpose district or other region 

 recognized for governmental purposes within 

 such State which is not a unit of local govern- 

 ment. 



(iii) Nothing in this subparagraph shall be con- 

 strued as requiring a hearing or an oral presenta- 

 tion of views where none is required by law or, in 

 the absence of such a requirement, where the Ad- 

 ministrator determines a hearing or oral presenta- 

 tion is not appropriate. 



(2) (A) Judicial review of administrative rule- 

 making of general and national applicability done 

 under this chapter, except that done pursuant to the 

 Emergency Petroleum Allocation Act of 1973, may 

 be obtained only by filing a petition for review in the 

 United States Court of Appeals for the District of Co- 

 lumbia within thirty days from the date of promul- 

 gation of any such rule, regulation, or order, and 

 judicial review of administrative rulemaking of gen- 

 eral, but less than national, applicability done under 

 this chapter, except that done pursuant to the Emer- 

 gency Petroleum Allocation Act of 1973, may be 

 obtained only by filing a petition for review in the 

 United States Court of Appeals for the appropriate 

 circuit within thirty days from the date of promul- 

 gation of any such rule, regulation, or order, the 

 appropriate circuit being defined as the circuit which 

 contains the area or the greater part of the area 

 within which the rule, regulation, or order is to 

 have effect. 



(B) Notwithstanding the amount in controversy, 

 the district courts of the United States shall have 

 exclusive original jurisdiction of all other cases or 

 controversies arising under this chapter, or under 

 rules, regulations, or orders issued thereunder, ex- 

 cept any actions taken to implement or enforce any 

 rule, regulation, or order by any officer of a State 

 or local government agency under this chapter: 

 Provided, That nothing in this section affects the 

 power of any court of competent jurisdiction to con- 

 sider, hear, and determine in any proceeding before 

 it any issue raised by way of defense (other than a 

 defense based on the unconstitutionality of this 

 chapter or the validity of action taken by any agency 

 under this chapter). If in any such proceeding an 

 issue by way of defense is raised based on the uncon- 

 stitutionality of this chapter or the validity of agency 

 action under this chapter, the case shall be subject 

 to removal by either party to a district court of the 

 United States in accordance with the applicable pro- 

 visions of chapter 89 of Title 28. Cases or contro- 

 versies arising under any rule, regulation, or order 

 of any officer of a State or local government agency 

 may be heard in either (1) any appropriate State 



court, or (2) without regard to the amount in contro- 

 versy, the district courts of the United States. 



(3) The Administrator may by rule prescribe pro- 

 cedures for State or local government agencies au- 

 thorized by the Administrator to carry out functions 

 under this chapter. Such procedures shall apply to 

 such agencies in lieu of paragraph (1) of this sub- 

 section, and shall require that prior to taking any 

 action, such agencies shall take steps reasonably 

 calculated to provide notice to persons who may be 

 affected by the action, and shall afford an oppor- 

 tunity for presentation of views (including oral 

 presentation of views where practicable) at least 

 ten days before taking the action. 



(j) Information for independent regulatory agencies. 



The Administration, in connection with the exer- 

 cise of the authority under this chapter, shall be 

 considered an independent Federal regulatory agency 

 for the purposes of sections 3502 and 3512 of Title 

 44. 



(k) The Administrator or his delegate may not 

 exercise discretion to maintain a civil action (other 

 than an action for injunctive relief) or issue a 

 remedial order against any person whose sole 

 petroleum industry operation relates to the market- 

 ing of petroleum products, for any violation of any 

 rule or regulation if — 



(1) such civil action or order Is based upon a 

 letroactive application of such rule or regulation 

 or is based upon a retroactive interpretation of 

 such rule or regulation; and 



(2) such person relied in good faith upon rules, 

 regulations, or rulings interpreting such rules or 

 regulations, in effect on the date of the violation. 



(Pub. L. 93-275. § 7, May 7, 1974, 88 Stat. 100; 

 amended Pub. L. 94-385; title I, l§ 103, 104, 105, 

 Aug. 14, 1976, 90 Stat. 1127.) 



Amendments 



1976 — Subsec. (c)(1) and (2). Pub. L. 94-385, § 103. 

 substantially revised these paragraohs. 



Subsec. (1) (1) (D). Pub. L. 94-385, § 104, substantially 

 revised this subparagraph. 



Subsec. (k). Pub. L. 94-385, § 105, added subsection. 



§ 767. Transitional and savings provisions, 

 (a) Continuance of effective status. 



All orders, determinations, rules, regulations, per- 

 mits, contracts, certificates, licenses, and privileges — 



(1) which have been issued, made, granted, or 

 allowed to become effective by the President, by 

 any Federal department or agency or official 

 thereof, or by a court of competent jurisdiction, 

 in the performance of functions which are trans- 

 ferred under this chapter, and 



(2) which are in effect at the time this chapter 

 takes effect, 



shall continue in effect according to their terms until 

 modified, terminated, superseded, set aside, or re- 

 voked by the President, the Administrator, other au- 

 thorized officials, a court of competent jurisdiction, 

 or by operation of law. 



