Browse Arkansas Code titles and sections

26 U.S.C. § 45K — Credit for producing fuel from a nonconventional source

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 45K — Credit for producing fuel from a nonconventional source

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 45K

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 4d579f035027f4730128cfc29d44b153f872d66367dd69919a8f0f6cb0142c0d. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_55f91f766322b64eda77ffc5
Source file: Laws/federal/codes/united-states-code/title-26/section-45k-credit-for-producing-fuel-from-a-nonconventional-source--fc146df730.md
Pages: Not recorded – Not recorded
Passage SHA-256: 42a89263dfa9bba0ec623b90c66dd44a8c2bdb579d89c2b2642dc27bdcdcb303

Source location: Title 26, Chapter 1, § 45K; chapter-001-normal-taxes-and-surtaxes.md

Stored source content

**(a) Allowance of credit** For purposes of section 38, the nonconventional source production credit determined under this section for the taxable year is an amount equal to— (1) $3, multiplied by (2) the barrel-of-oil equivalent of qualified fuels— (A) sold by the taxpayer to an unrelated person during the taxable year, and (B) the production of which is attributable to the taxpayer. **(b) Limitations and adjustments** (1) **Phaseout of credit** — The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as— (A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50, bears to (B) $6. (2) **Credit and phaseout adjustment based on inflation** — The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted. (3) **Credit reduced for grants, tax-exempt bonds, and subsidized energy financing** (A) *In general* — The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction— (i) the numerator of which is the sum, for the taxable year and all prior taxable years, of— (I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project, (II) proceeds of any issue of State or local government obligations used to provide financing for the project the interest on which is exempt from tax under section 103, and (III) the aggregate amount of subsidized energy financing (within the meaning of section 48(a)(4)(C)) provided in connection with the project, and (ii) the denominator of which is the aggregate amount of additions to the capital account for the project for the taxable year and all prior taxable years. (B) *Amounts determined at close of year* — The amounts under subparagraph (A) for any taxable year shall be determined as of the close of the taxable year. (4) **Credit reduced for energy credit** — The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1), (2), and (3)) shall be reduced by the excess of— (A) the aggregate amount allowed under section 38 for the taxable year or any prior taxable year by reason of the energy percentage with respect to property used in the project, over (B) the aggregate amount recaptured with respect to the amount described in subparagraph (A)— (i) under section 49(b) or 50(a) for the taxable year or any prior taxable year, or (ii) under this paragraph for any prior taxable year. The amount recaptured under section 49(b) or 50(a) with respect to any property shall be appropriately reduced to take into account any reduction in the credit allowed by this section by reason of the preceding sentence. (5) **Credit reduced for enhanced oil recovery credit** — The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after application of paragraphs (1), (2), (3), and (4)) shall be reduced by the excess (if any) of— (A) the aggregate amount allowed under section 38 for the taxable year and any prior taxable year by reason of any enhanced oil recovery credit determined under section 43 with respect to such project, over (B) the aggregate amount recaptured with respect to the amount described in subparagraph (A) under this paragraph for any prior taxable year. **(c) Definition of qualified fuels** For purposes of this section— (1) **In general** — The term “qualified fuels” means— (A) oil produced from shale and tar sands, (B) gas produced from— (i) geopressured brine, Devonian shale, coal seams, or a tight formation, or (ii) biomass, and (C) liquid, gaseous, or solid synthetic fuels produced from coal (including lignite), including such fuels when used as feedstocks. (2) **Gas from geopressured brine, etc.** (A) *In general* — Except as provided in subparagraph (B), the determination of whether any gas is produced from geopressured brine, Devonian shale, coal seams, or a tight formation shall be made in accordance with section 503 of the Natural Gas Policy Act of 1978 (as in effect before the repeal of such section). (B) *Special rules for gas from tight formations* — The term “gas produced from a tight formation” shall only include gas from a tight formation— (i) which, as of April 20, 1977, was committed or dedicated to interstate commerce (as defined in section 2(18) of the Natural Gas Policy Act of 1978, as in effect on the date of the enactment of this clause), or (ii) which is produced from a well drilled after such date of enactment. (3) **Biomass** — The term “biomass” means any organic material other than— (A) oil and natural gas (or any product thereof), and (B) coal (including lignite) or any product thereof. **(d) Other definitions and special rules** For purposes of this section— (1) **Only production within the United States taken into account** — Sales shall be taken into account under this section only with respect to qualified fuels the production of which is within— (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (2) **Computation of inflation adjustment factor and reference price** (A) *In general* — The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor and the reference price for the preceding calendar year in accordance with this paragraph. (B) *Inflation adjustment factor* — The term “inflation adjustment factor” means, with respect to a calendar year, a fraction the numerator of which is the GNP implicit price deflator for the calendar year and the denominator of which is the GNP implicit price deflator for calendar year 1979. The term “GNP implicit price deflator” means the first revision of the implicit price deflator for the gross national product as computed and published by the Department of Commerce. (C) *Reference price* — The term “reference price” means with respect to a calendar year the Secretary’s estimate of the annual average wellhead price per barrel for all domestic crude oil the price of which is not subject to regulation by the United States. (3) **Production attributable to the taxpayer** — In the case of a property or facility in which more than 1 person has an interest, except to the extent provided in regulations prescribed by the Secretary, production from the property or facility (as the case may be) shall be allocated among such persons in proportion to their respective interests in the gross sales from such property or facility. (4) **Gas from geopressured brine, Devonian shale, coal seams, or a tight formation** — The amount of the credit allowable under subsection (a) shall be determined without regard to any production attributable to a property from which gas from Devonian shale, coal seams, geopressured brine, or a tight formation was produced in marketable quantities before January 1, 1980. (5) **Barrel-of-oil equivalent** — The term “barrel-of-oil equivalent” with respect to any fuel means that amount of such fuel which has a Btu content of 5.8 million; except that in the case of qualified fuels described in subparagraph (C) of subsection (c)(1), the Btu content shall be determined without regard to any material from a source not described in such subparagraph. (6) **Barrel defined** — The term “barrel” means 42 United States gallons. (7) **Related persons** — Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling qualified fuels to an unrelated person if such fuels are sold to such a person by another member of such group. (8) **Pass-thru in the case of estates and trusts** — Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. **(e) Application of section** This section shall apply with respect to qualified fuels— (1) which are— (A) produced from a well drilled after December 31, 1979, and before January 1, 1993, or (B) produced in a facility placed in service after December 31, 1979, and before January 1, 1993, and (2) which are sold before January 1, 2003. **(f) Extension for certain facilities** (1) **In general** — In the case of a facility for producing qualified fuels described in subparagraph (B)(ii) or (C) of subsection (c)(1)— (A) for purposes of subsection (e)(1)(B), such facility shall be treated as being placed in service before January 1, 1993, if such facility is placed in service before July 1, 1998, pursuant to a binding written contract in effect before January 1, 1997, and (B) if such facility is originally placed in service after December 31, 1992, paragraph (2) of subsection (e) shall be applied with respect to such facility by substituting “January 1, 2008” for “January 1, 2003”. (2) **Special rule** — Paragraph (1) shall not apply to any facility which produces coke or coke gas unless the original use of the facility commences with the taxpayer. **(g) Extension for facilities producing coke or coke gas** Notwithstanding subsection (e)— (1) **In general** — In the case of a facility for producing coke or coke gas (other than from petroleum based products) which was placed in service before January 1, 1993, or after June 30, 1998, and before January 1, 2010, this section shall apply with respect to coke and coke gas produced in such facility and sold during the period— (A) beginning on the later of January 1, 2006, or the date that such facility is placed in service, and (B) ending on the date which is 4 years after the date such period began. (2) **Special rules** — In determining the amount of credit allowable under this section solely by reason of this subsection— (A) *Daily limit* — The amount of qualified fuels sold during any taxable year which may be taken into account by reason of this subsection with respect to any facility shall not exceed an average barrel-of-oil equivalent of 4,000 barrels per day. Days before the date the facility is placed in service shall not be taken into account in determining such average. (B) *Extension period to commence with unadjusted credit amount* — For purposes of applying subsection (b)(2) to the $3 amount in subsection (a), in the case of fuels sold after 2005, subsection (d)(2)(B) shall be applied by substituting “2004” for “1979”. (C) *Denial of double benefit* — This subsection shall not apply to any facility producing qualified fuels for which a credit was allowed under this section for the taxable year or any preceding taxable year by reason of subsection (f). (D) *Nonapplication of phaseout* — Subsection (b)(1) shall not apply. (E) *Coordination with section 45* — No credit shall be allowed with respect to any coke or coke gas which is produced using steel industry fuel (as defined in section 45(c)(7)) as feedstock if a credit is allowed to any taxpayer under section 45 with respect to the production of such steel industry fuel.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 29 — Renumbered § 45K]

Source: U.S. Code supplied Markdown snapshot · 26 U.S.C. § 29

Stored review status: release_metadata_unconfirmed; partially_verified. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6096 — Designation by individuals

**(a) In general** Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Presidential Election Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund. **(b) Income tax liability** For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof). **(c) Manner and time of designation** A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6096

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6652 — Failure to file certain information returns, registration statements, etc.

**(a) Returns with respect to certain payments aggregating less than $10** In the case of each failure to file a statement of a payment to another person required under the authority of— (1) section 6042(a)(2) (relating to payments of dividends aggregating less than $10), or (2) section 6044(a)(2) (relating to payments of patronage dividends aggregating less than $10), on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to so file the statement, $1 for each such statement not so filed, but the total amount imposed on the delinquent person for all such failures during the calendar year shall not exceed $1,000. **(b) Failure to report tips** In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips required to be so reported by section 6053(a) which are wages (as defined in section 3121(a)) or which are compensation (as defined in section 3231(e)), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be paid by the employee, in addition to the tax imposed by section 3101 or section 3201 (as the case may be) with respect to the amount of tips which he so failed to report, an amount equal to 50 percent of such tax. **(c) Returns by exempt organizations and by certain trusts** (1) **Annual returns under section 6033(a)(1) or 6012(a)(6)** (A) *Penalty on organization* — In the case of— (i) a failure to file a return required under section 6033(a)(1) (relating to returns by exempt organization

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6652

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 23 — Adoption expenses

**(a) Allowance of credit** (1) **In general** — In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter the amount of the qualified adoption expenses paid or incurred by the taxpayer. (2) **Year credit allowed** — The credit under paragraph (1) with respect to any expense shall be allowed— (A) in the case of any expense paid or incurred before the taxable year in which such adoption becomes final, for the taxable year following the taxable year during which such expense is paid or incurred, and (B) in the case of an expense paid or incurred during or after the taxable year in which such adoption becomes final, for the taxable year in which such expense is paid or incurred. (3) **$10,000 credit for adoption of child with special needs regardless of expenses** — In the case of an adoption of a child with special needs which becomes final during a taxable year, the taxpayer shall be treated as having paid during such year qualified adoption expenses with respect to such adoption in an amount equal to the excess (if any) of $10,000 over the aggregate qualified adoption expenses actually paid or incurred by the taxpayer with respect to such adoption during such taxable year and all prior taxable years. (4) **Portion of credit refundable** — So much of the credit allowed under paragraph (1) as does not exceed $5,000 shall be treated as a credit allowed under subpart C and not as a credit allowed under this subpart. **(b) Limitations** (1) **Dollar limitation** — The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) for all taxable years with respect to the adoption of a child by the taxpayer shall not exceed $10,000. (2) **Income limitation** (A) *In general* —

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 23

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 861 — Income from sources within the United States

**(a) Gross income from sources within United States** The following items of gross income shall be treated as income from sources within the United States: (1) **Interest** — Interest from the United States or the District of Columbia, and interest on bonds, notes, or other interest-bearing obligations of noncorporate residents or domestic corporations not including— (A) interest— (i) on deposits with a foreign branch of a domestic corporation or a domestic partnership if such branch is engaged in the commercial banking business, and (ii) on amounts satisfying the requirements of subparagraph (B) of section 871(i)(3) which are paid by a foreign branch of a domestic corporation or a domestic partnership, and (B) in the case of a foreign partnership, which is predominantly engaged in the active conduct of a trade or business outside the United States, any interest not paid by a trade or business engaged in by the partnership in the United States and not allocable to income which is effectively connected (or treated as effectively connected) with the conduct of a trade or business in the United States. (2) **Dividends** — The amount received as dividends— (A) from a domestic corporation, or (B) from a foreign corporation unless less than 25 percent of the gross income from all sources of such foreign corporation for the 3-year period ending with the close of its taxable year preceding the declaration of such dividends (or for such part of such period as the corporation has been in existence) was effectively connected (or treated as effectively connected other than income described in section 884(d)(2)) with the conduct of a trade or business within the United States; but only in an amount which bears the same ratio to such dividends as the gross in

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 861

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 21 — Expenses for household and dependent care services necessary for gainful employment

**(a) Allowance of credit** (1) **In general** — In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. (2) **Applicable percentage defined** — For purposes of paragraph (1), the term “applicable percentage” means 50 percent— (A) reduced (but not below 35 percent) by 1 percentage point for each $2,000 or fraction thereof by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000, and (B) further reduced (but not below 20 percent) by 1 percentage point for each $2,000 ($4,000 in the case of a joint return) or fraction thereof by which the taxpayer’s adjusted gross income for the taxable year exceeds $75,000 ($150,000 in the case of a joint return). **(b) Definitions of qualifying individual and employment-related expenses** For purposes of this section— (1) **Qualifying individual** — The term “qualifying individual” means— (A) a dependent of the taxpayer (as defined in section 152(a)(1)) who has not attained age 13, (B) a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, or (C) the spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for himself or herself and who has the same principal place of abod

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 21

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 25 — Interest on certain home mortgages

**(a) Allowance of credit** (1) **In general** — There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the product of— (A) the certificate credit rate, and (B) the interest paid or accrued by the taxpayer during the taxable year on the remaining principal of the certified indebtedness amount. (2) **Limitation where credit rate exceeds 20 percent** (A) *In general* — If the certificate credit rate exceeds 20 percent, the amount of the credit allowed to the taxpayer under paragraph (1) for any taxable year shall not exceed $2,000. (B) *Special rule where 2 or more persons hold interests in residence* — If 2 or more persons hold interests in any residence, the limitation of subparagraph (A) shall be allocated among such persons in proportion to their respective interests in the residence. **(b) Certificate credit rate; certified indebtedness amount** For purposes of this section— (1) **Certificate credit rate** — The term “certificate credit rate” means the rate of the credit allowable by this section which is specified in the mortgage credit certificate. (2) **Certified indebtedness amount** — The term “certified indebtedness amount” means the amount of indebtedness which is— (A) incurred by the taxpayer— (i) to acquire the principal residence of the taxpayer, (ii) as a qualified home improvement loan (as defined in section 143(k)(4)) with respect to such residence, or (iii) as a qualified rehabilitation loan (as defined in section 143(k)(5)) with respect to such residence, and (B) specified in the mortgage credit certificate. **(c) Mortgage credit certificate; qualified mortgage credit certificate program** For purposes of this section— (1) **Mortgage credit certificate**

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 25

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 55 — Alternative minimum tax imposed

**(a) General rule** There is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to the excess (if any) of— (1) the tentative minimum tax for the taxable year, over (2) the regular tax for the taxable year plus, in the case of an applicable corporation, the tax imposed by section 59A. **(b) Tentative minimum tax** For purposes of this part— (1) **Noncorporate taxpayers** — In the case of a taxpayer other than a corporation— (A) *In general* — The tentative minimum tax for the taxable year is the sum of— (i) 26 percent of so much of the taxable excess as does not exceed $175,000, plus (ii) 28 percent of so much of the taxable excess as exceeds $175,000. The amount determined under the preceding sentence shall be reduced by the alternative minimum tax foreign tax credit for the taxable year. (B) *Taxable excess* — For purposes of this subsection, the term “taxable excess” means so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount. (C) *Married individual filing separate return* — In the case of a married individual filing a separate return, subparagraph (A) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under clause (i) and clause (ii) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. (D) *Alternative minimum taxable income* — The term “alternative minimum taxable income” means the taxable income of the taxpayer for the taxable year— (i) determined with the adjustments provided in section 56 and section 58, and (ii) increased by the amount of the items of tax preference described in section 57. If a taxpayer is subject to the regular tax, such taxpayer shal

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 55

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 45 — Electricity produced from certain renewable resources, etc.

**(a) General rule** For purposes of section 38, the renewable electricity production credit for any taxable year is an amount equal to the product of— (1) 0.3 cents, multiplied by (2) the kilowatt hours of electricity— (A) produced by the taxpayer— (i) from qualified energy resources, and (ii) at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, and (B) sold by the taxpayer to an unrelated person during the taxable year. **(b) Limitations and adjustments** (1) **Phaseout of credit** — The amount of the credit determined under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as— (A) the amount by which the reference price for the calendar year in which the sale occurs exceeds 8 cents, bears to (B) 3 cents. (2) **Credit and phaseout adjustment based on inflation** — The 0.3 cent amount in subsection (a), the 8 cent amount in paragraph (1), the $4.375 amount in subsection (e)(8)(A), the $2 amount in subsection (e)(8)(D)(ii)(I), and in subsection (e)(8)(B)(i) the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) in 2002 shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If the 0.3 cent amount as increased under the preceding sentence is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. In any other case, if an amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (3) **Credit reduced for tax-exempt bonds** — The amount of the credit determ

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 45

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3413 — Administrative procedure

**(a) Administrative Procedure Act** Subject to subsection (b), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/4&num=0&edition=prelim); 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) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/d/3&num=0&edition=prelim), 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) (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3413

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.