
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC3412]

 
                      TITLE 15--COMMERCE AND TRADE
 
                     CHAPTER 60--NATURAL GAS POLICY
 
          SUBCHAPTER V--ADMINISTRATION, ENFORCEMENT, AND REVIEW
 
Sec. 3412. Administrative procedure


(a) Administrative Procedure Act

    Subject to subsection (b) of this section, the provisions of 
subchapter II of chapter 5 of title 5 shall apply to any rule or order 
issued under this chapter having the applicability and effect of a rule 
as defined in section 551(4) of title 5; except that sections 554, 556, 
and 557 of such title 5 shall not apply to any order under such section 
3361, 3362, or 3363 of this title.

(b) Opportunity for oral presentations

    To the maximum extent practicable, an opportunity for oral 
presentation of data, views, and arguments shall be afforded with 
respect to any proposed rule or order described in subsection (a) of 
this section (other than an order under section 3361, 3362, or 3363 of 
this title). To the maximum extent practicable, such opportunity shall 
be afforded before the effective date of such rule or order. Such 
opportunity shall be afforded no later than 30 days after such date in 
the case of a waiver of the entire comment period under section 
553(d)(3) of title 5, and no later than 45 days after such date in all 
other cases. A transcript shall be made of any such oral presentation.

(c) Adjustments

    The Commission or any other Federal officer or agency authorized to 
issue rules or orders described in subsection (a) of this section (other 
than an order under section 3361, 3362, or 3363 of this title) shall, by 
rule, provide for the making of such adjustments, consistent with the 
other purposes of this chapter, as may be necessary to prevent special 
hardship, inequity, or an unfair distribution of burdens. Such rule 
shall establish procedures which are available to any person for the 
purpose of seeking an interpretation, modification, or rescission of, 
exception to, or exemption from, such applicable rules or orders. If any 
person is aggrieved or adversely affected by the denial of a request for 
adjustment under the preceding sentence, such person may request a 
review of such denial by the officer or agency and may obtain judicial 
review in accordance with section 3416 of this title when such denial 
becomes final. The officer or agency shall, by rule, establish 
procedures, including an opportunity for oral presentation of data, 
views, and arguments, for considering requests for adjustment under this 
subsection.

(Pub. L. 95-621, title V, Sec. 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 
101-60, Sec. 3(a)(3), July 26, 1989, 103 Stat. 158.)


                               Amendments

    1989--Subsec. (d). Pub. L. 101-60 struck out subsec. (d) which 
directed that any determination made under section 3347(c) of this title 
be made in accordance with procedures applicable to the granting of any 
authority under the Natural Gas Act to import natural gas or liquefied 
natural gas (as the case might be).
