---
kind: "section"
citation: "14 C.F.R. § 313.4"
title: "14"
number: "313.4"
heading: "Major regulatory actions."
url: "https://uscodex.org/cfr/14/313.4"
---

# §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)](#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](/cfr/14/41509.md) of 49 U.S.C. Subtitle VII, emergency exemptions or temporary exemptions not exceeding 24 months under [section 40109](/cfr/14/40109.md) of 49 U.S.C. Subtitle VII 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)](#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.**

## Notes

### Amendments

[Doc. No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43529, Aug. 22, 1995; Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]

### Authority

Authority: 42 U.S.C. 6362(b), 49 U.S.C. Chapter 401.

### Source

Source: Docket No. 82, 50 FR 2425, Jan. 16, 1985, unless otherwise noted.

### Amendments

[Doc. No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43529, Aug. 22, 1995; Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]