---
kind: "section"
citation: "15 U.S.C. § 3412"
title: "15"
title_heading: "Commerce and Trade"
number: "3412"
heading: "Administrative procedure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3412"
units:
  - "Chapter 60 — Natural Gas Policy"
  - "Subchapter V — Administration, Enforcement, and Review"
---

# §3412. Administrative procedure

- (a) **Administrative Procedure Act—** Subject to [subsection (b)](#b), the provisions of subchapter II of [chapter 5](/usc/5/chptI/ch5.md) 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](/usc/5/551.md?p=4); except that sections [554](/usc/5/554.md), [556](/usc/5/556.md), and [557](/usc/5/557.md) of such [title 5](/usc/5.md) shall not apply to any order under such section [3361](/usc/15/3361.md), [3362](/usc/15/3362.md), or [3363](/usc/15/3363.md) 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)](#a) (other than an order under section [3361](/usc/15/3361.md), [3362](/usc/15/3362.md), or [3363](/usc/15/3363.md) 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](/usc/5/553.md?p=d-3), 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](/usc/15/3301.md?p=24) or any other Federal officer or agency authorized to issue rules or orders described in [subsection (a)](#a) (other than an order under section [3361](/usc/15/3361.md), [3362](/usc/15/3362.md), or [3363](/usc/15/3363.md) 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](/usc/15/3301.md?p=26) for the purpose of seeking an interpretation, modification, or rescission of, exception to, or exemption from, such applicable rules or orders. If any [person](/usc/15/3301.md?p=26) is aggrieved or adversely affected by the denial of a request for adjustment under the preceding sentence, such [person](/usc/15/3301.md?p=26) 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](/usc/15/3416.md) 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.

## Source credit

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

## Notes

### Editorial Notes

### 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).