128 



(h) Other necessary activities. 



The Administrator may perform such other activi- 

 ties as may be necessary for the effective fulfillment 

 of his administrative duties and functions. 



(i) Rules, reRulations, or orders; publication in Fed- 

 eral RcRister; comments; waiver of comment 

 period; public notice, publication; views, oral 

 presentation; transcript; adjustments; procedures 

 respecting application and operation; administra- 

 tive and judicial review; hearings: requests for 

 action; public information; written opinions; jur- 

 isdiction of courts of appeals and district courts; 

 defenses in any proceeding; removal of Federal 

 questions; concurrent jurisdiction; procedures for 

 State or local government agencies. 

 (1)(A) Subject to paragraphs (B), (C), and (D) 

 of this subsection, the provisions of subchapter II 

 of chapter 5 of Title 5 shall apply to any rule or reg- 

 ulation, or any order having the applicability and 

 effect of a rule as defined in section 551(4) of Title 

 5, issued pursuant to this chapter, including any such 

 rule, regulation, or order of a State or local govern- 

 ment agency, or officer thereof, issued pursuant to 

 authority delegated by the Administrator. 



(B) Notice of any proposed rule, regulation, or 

 order described in paragraph (A) shall be given by 

 publication of such proposed rule, regulation, or 

 order in the Federal Register. In each case, a min- 

 imum of ten days following such publication shall be 

 provided for opportunity to comment; except that 

 the requirements of this paragraph as to time of 

 notice and opportunity to comment may be waived 

 where strict compliance is found to cause serious 

 harm or injury to the public health, safety, or wel- 

 fare, and such finding is set out in detail in such rule, 

 regulation, or order. In addition, public notice of all 

 rules, regulations, or orders described in paragraph 

 (A) which are promulgated by officers of a State or 

 local government agency shall to the maximum ex- 

 tent practicable be achieved by publication of such 

 rules, regulations, or orders in a sufficient number 

 of newspapers of statewide circulation calculated 

 to receive widest possible notice. 



(C) In addition to the requirements of paragraph 

 (B), if any rule, regulation, or order described in 

 paragraph (A) is lilcely to have a substantial impact 

 on the Nation's economy or large numbers of indivi- 

 duals or businesses, an opportunity for oral presen- 

 tation of views, data, and arguments shall be af- 

 forded. To the maximum extent practicable, such 

 opportunity shall be afforded prior to the issuance 

 of such rule, regulation, or order, but in all cases 

 such opportunity shall be afforded no later than 

 forty-five days after the issuance of any such rule, 

 regulation, or order. A transcript shall be kept of any 

 oral presentation. 



CD) Any officer or agency authorized to issue the 

 rules, regulations, or orders described in paragraph 

 (A) shall provide for the mailing of such adjust- 

 ments, consistent with the other purposes of this 

 chapter, as may be necessary to prevent special hard- 

 ship, inequity, or unfair distribution of burdens and 

 shall, by rule, establish procedures which are avail- 

 able to any person for the purpose of seeking an in- 



terpretation, modification, rescission of, exception 

 to, or exemption from, such rules, regulations, and 

 orders. Such officer or agency shall, within ninety 

 days after the date of the enactment of the Fed- • 

 eral Energy Administration Act Amendments of 

 1976, establish criteria and guidelines by which 

 such special hardship, inequity, or imfair distribu- 

 tion of burdens shall be evaluated. Such officer or 

 agency shall additionally insure that each decision 

 on any application or petition requesting an ad- 

 justment shall specify the standards of hardship, 

 inequity, or unfair distribution of burden by which 

 any disposition was made, and the specific applica- 

 tion of such standards to the facts contained in 

 any such application or pietition. If any person is 

 aggrieved or adversely affected by a denial of a 

 request for adjustment under the preceding sent- 

 ences, he may request a review of such denial by 

 the agency and may obtain judicial review in ac- 

 cordance with paragraph (2) of this subsection 

 when such a denial becomes final. The agency 

 shall, by rule, establish appropriate procedures, In- 

 cluding a hearing when requested, for review of 

 a denial, and where deemed advisable by the agen- 

 cy, for considering other requests for action under 

 this paragraph, except that no review of a denial 

 under this subparagraph shall be controlled by 

 the same officer denying the adjustment pursuant 

 to this subparagraph. 



(E) In addition to the requirements of section 552 

 of Title 5, any agency authorized to issue the rules, 

 regulations, or orders described in paragraph (A) 

 shall make available to the public all internal rules 

 and guidelines which may form the basis, in whole 

 or in part, for any such rule, regulation, or order 

 with such modifications as are necessary to insure 

 confidentiality protected under such section 552. 

 Such agency shall, upon written request of a peti- 

 tioner filed after any grant or denial of a request for 

 exception or exemption from rules or orders, furnish 

 the petitioner with a written opinion setting forth 

 applicable facts and the legal basis in support of 

 such grant or denial. Such opinions shall be made 

 available to the petitioner and the public within 

 thirty days of such request, with such modifications 

 as are necessary to insure confidentiality of infor- 

 mation protected under such section 552. 



(F) (i) With respect to any rule or regulation 

 of the Administrator the effects of which, except 

 for indirect effects of an inconsequential nature, 

 are confined to — 



(I) a single unit of local government or the 

 residents thereof; 



(II) a single geographic area within a State 

 or the residents thereof; or 



(III) a single State or the residents thereof; 

 the Administrator shall, in any case where he is 

 required by law, or where he determines, to afford 

 an opportunity for a hearing or the oral presenta- 

 tion of views, provide procedures for the holding 

 of such hearing or oral presentation within the 

 boundaries of the unit of local government, geo- 



