Page:United States Statutes at Large Volume 92 Part 3.djvu/765

 PUBLIC LAW 95-621—NOV. 9, 1978 (b) AUTHORITY

TO DEFINE

TERMS.—Except

92 STAT. 3397

where

otherwise

expressly provided, the Commission is authorized to define, by rule, accounting, technical, and trade terms used in this Act. Any such definition shall be consistent w i t h the definitions set forth i n this Act. (c) DELEGATION o r CERTAIN DETERMINATIONS.—The

Commission

may delegate to any State agency (with the consent of such agency) any of its functions with respect to sections 105, 106(b), and 109(a) (l)and(3). SEC. 502. ADMINISTRATIVE PROCEDURE. (a) ADMINISTRATIVE PROCEDURE ACT. — S u b j e c t to subsection

(b),

Ante, pp. 3363, 3365, 3368. 15 USC 3412.

the provisions of subchapter II of chapter 5 of title 5, United States Code, shall apply to any rule o r order issued under this Act having the 5 USC 551. applicability and effect of a rule as defined i n section 551(4) of title 5, United States Code; except that sections 554, 556, and 557 of such title 5 shall not apply to any order under such section 301, 302, or 303. (b) OPPORTUNITY FOR ORAL PRESENTATIONS.—To the

maximum

extent practicable, a n opportunity for oral presentation of data, views, and arguments shall be afforded with respect to any proposed rule o r order described in subsection (a) (other than an order under section 301, 302, or 303). To the maximum extent practica'ble, such opportunity shall be afforded before the effective date of such rule or order. Such opportunity shall be afforded n o 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, United States Code, and n o later than 45 days after such date i n all other cases. A transcript shall be m a d e of any such oral Transcript. presentation. (c) ADJUSTMENTS.—The Commission o r any other Federal officer or agency authorized to issue rules or orders described i n subsection (a) (other than an order under section 301, 302, or 303) shall, by rule, provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, o r an unfair distribution of burdens. Such rule shall establish procedures which are available to any person for the purpose of seeki n g an interpretation, modification, or rescission of, exception to, o r exemption from, such applicable rules or orders. I f any person is Review. 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 506 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. (d) PROCEDURES APPLICABLE FOR INCREMENTAL P R I C I N G DETERMINATIONS RESPECTING IMPORTS.—Notwithstanding the preceding provi-

sions of this section, any determination made under section 207(c) shall be made i n accordance w i t h the procedures applicable to the g r a n t i n g of any authority under the N a t u r a l G a s Act to import n a t u r a l gas or liquefied n a t u r a l gas (as the case may b e). SEC. 503. DETERMINATIONS FOR QUALIFYING UNDER CERTAIN CATEGORIES OF NATURAL GAS. (a) GENERAL RULE. —

15 USC 717w.

15 USC 3413.

(1) DETERMINATION.—If any State or Federal agency makes any final determination which i t is authorized to make under subsection (c) for purposes of— (A) a p p l y i n g the definition of new n a t u r a l g a s under secAnte, p. 3358. tion 1 0 2 (c);

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