§ 3412. — Administrative procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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).
