Title 5 — Government Organization and Employees — § 603. Initial regulatory flexibility analysis
Summary
These pages of Title 5, Government Organization and Employees, print section 603, which requires an agency that must publish general notice of proposed rulemaking to prepare and make available for public comment an initial regulatory flexibility analysis describing the impact of the proposed rule on small entities, and to send a copy to the Chief Counsel for Advocacy of the Small Business Administration. The analysis must give the reasons for and objectives of the rule, an estimate of the number of small entities it will apply to, its compliance requirements, and significant alternatives such as performance rather than design standards or an exemption for small entities. A covered agency must also describe any projected increase in the cost of credit for small entities. The pages also print section 602, on the regulatory flexibility agenda published each October and April.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 602 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 222
tation, Energy, and Homeland Security, and the Envi-
ronmental Protection Agency shall develop plans for
implementing the requirements of this memorandum,
providing technical assistance to nonfederal actors en-
gaged in predevelopment activities, and educating
grantees and the public on the benefits of
predevelopment and the Federal resources available for
these activities. These agencies shall also work to-
gether to develop a guide for nonfederal actors under-
taking nonfederal predevelopment activities that in-
cludes best practices on how to evaluate and compare
traditional and alternative financing strategies. No
later than 60 days after the date of this memorandum,
these agencies shall provide these plans and the best
practice guide to the Director of the National Eco-
nomic Council. Subsequently, these agencies shall pro-
vide regular updates to the Director of the National
Economic Council on their progress in increasing sup-
port for predevelopment activities.
SEC. 5. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(c) The Secretary of Transportation is hereby author-
ized and directed to publish this memorandum in the
Federal Register.
BARACK OBAMA.
§ 602. Regulatory agenda
(a) During the months of October and April of
each year, each agency shall publish in the Fed-
eral Register a regulatory flexibility agenda
which shall contain—
(1) a brief description of the subject area of
any rule which the agency expects to propose
or promulgate which is likely to have a sig-
nificant economic impact on a substantial
number of small entities;
(2) a summary of the nature of any such rule
under consideration for each subject area list-
ed in the agenda pursuant to paragraph (1), the
objectives and legal basis for the issuance of
the rule, and an approximate schedule for
completing action on any rule for which the
agency has issued a general notice of proposed
rulemaking,1 and
(3) the name and telephone number of an
agency official knowledgeable concerning the
items listed in paragraph (1).
(b) Each regulatory flexibility agenda shall be
transmitted to the Chief Counsel for Advocacy
of the Small Business Administration for com-
ment, if any.
(c) Each agency shall endeavor to provide no-
tice of each regulatory flexibility agenda to
small entities or their representatives through
direct notification or publication of the agenda
in publications likely to be obtained by such
small entities and shall invite comments upon
each subject area on the agenda.
(d) Nothing in this section precludes an agen-
cy from considering or acting on any matter not
1 So in original. The comma probably should be a semicolon.
included in a regulatory flexibility agenda, or
requires an agency to consider or act on any
matter listed in such agenda.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94
Stat. 1166.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1981, see section 4 of Pub. L.
96–354, set out as a note under section 601 of this title.
§ 603. Initial regulatory flexibility analysis
(a) Whenever an agency is required by section
553 of this title, or any other law, to publish gen-
eral notice of proposed rulemaking for any pro-
posed rule, or publishes a notice of proposed
rulemaking for an interpretative rule involving
the internal revenue laws of the United States,
the agency shall prepare and make available for
public comment an initial regulatory flexibility
analysis. Such analysis shall describe the im-
pact of the proposed rule on small entities. The
initial regulatory flexibility analysis or a sum-
mary shall be published in the Federal Register
at the time of the publication of general notice
of proposed rulemaking for the rule. The agency
shall transmit a copy of the initial regulatory
flexibility analysis to the Chief Counsel for Ad-
vocacy of the Small Business Administration. In
the case of an interpretative rule involving the
internal revenue laws of the United States, this
chapter applies to interpretative rules published
in the Federal Register for codification in the
Code of Federal Regulations, but only to the ex-
tent that such interpretative rules impose on
small entities a collection of information re-
quirement.
(b) Each initial regulatory flexibility analysis
required under this section shall contain—
(1) a description of the reasons why action
by the agency is being considered;
(2) a succinct statement of the objectives of,
and legal basis for, the proposed rule;
(3) a description of and, where feasible, an
estimate of the number of small entities to
which the proposed rule will apply;
(4) a description of the projected reporting,
recordkeeping and other compliance require-
ments of the proposed rule, including an esti-
mate of the classes of small entities which will
be subject to the requirement and the type of
professional skills necessary for preparation of
the report or record;
(5) an identification, to the extent prac-
ticable, of all relevant Federal rules which
may duplicate, overlap or conflict with the
proposed rule.
(c) Each initial regulatory flexibility analysis
shall also contain a description of any signifi-
cant alternatives to the proposed rule which ac-
complish the stated objectives of applicable
statutes and which minimize any significant
economic impact of the proposed rule on small
entities. Consistent with the stated objectives of
applicable statutes, the analysis shall discuss
significant alternatives such as—
(1) the establishment of differing compliance
or reporting requirements or timetables that
take into account the resources available to
small entities;
Page 223 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 604
(2) the clarification, consolidation, or sim-
plification of compliance and reporting re-
quirements under the rule for such small enti-
ties;
(3) the use of performance rather than design
standards; and
(4) an exemption from coverage of the rule,
or any part thereof, for such small entities.
(d)(1) For a covered agency, as defined in sec-
tion 609(d)(2), each initial regulatory flexibility
analysis shall include a description of—
(A) any projected increase in the cost of
credit for small entities;
(B) any significant alternatives to the pro-
posed rule which accomplish the stated objec-
tives of applicable statutes and which mini-
mize any increase in the cost of credit for
small entities; and
(C) advice and recommendations of rep-
resentatives of small entities relating to
issues described in subparagraphs (A) and (B)
and subsection (b).
(2) A covered agency, as defined in section
609(d)(2), shall, for purposes of complying with
paragraph (1)(C)—
(A) identify representatives of small entities
in consultation with the Chief Counsel for Ad-
vocacy of the Small Business Administration;
and
(B) collect advice and recommendations
from the representatives identified under sub-
paragraph (A) relating to issues described in
subparagraphs (A) and (B) of paragraph (1) and
subsection (b).
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94
Stat. 1166; amended Pub. L. 104–121, title II,
§ 241(a)(1), Mar. 29, 1996, 110 Stat. 864; Pub. L.
111–203, title X, § 1100G(b), July 21, 2010, 124 Stat.
2112.)
Editorial Notes
AMENDMENTS
2010—Subsec. (d). Pub. L. 111–203 added subsec. (d).
1996—Subsec. (a). Pub. L. 104–121, § 241(a)(1)(B), in-
serted at end ‘‘In the case of an interpretative rule in-
volving the internal revenue laws of the United States,
this chapter applies to interpretative rules published in
the Federal Register for codification in the Code of
Federal Regulations, but only to the extent that such
interpretative rules impose on small entities a collec-
tion of information requirement.’’
Pub. L. 104–121, § 241(a)(1)(A), which directed the in-
sertion of ‘‘, or publishes a notice of proposed rule-
making for an interpretative rule involving the inter-
nal revenue laws of the United States’’ after ‘‘proposed
rule’’ was executed by making the insertion where
those words appeared in first sentence to reflect the
probable intent of Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the des-
ignated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–121 effective on expiration
of 90 days after Mar. 29, 1996, but inapplicable to inter-
pretative rules for which a notice of proposed rule-
making was published prior to Mar. 29, 1996, see section
245 of Pub. L. 104–121, set out as a note under section 601
of this title.
EFFECTIVE DATE
Section effective Jan. 1, 1981, except that the require-
ments of this section applicable only to rules for which
a notice of proposed rulemaking was issued on or after
Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as
a note under section 601 of this title.
§ 604. Final regulatory flexibility analysis
(a) When an agency promulgates a final rule
under section 553 of this title, after being re-
quired by that section or any other law to pub-
lish a general notice of proposed rulemaking, or
promulgates a final interpretative rule involv-
ing the internal revenue laws of the United
States as described in section 603(a), the agency
shall prepare a final regulatory flexibility anal-
ysis. Each final regulatory flexibility analysis
shall contain—
(1) a statement of the need for, and objec-
tives of, the rule;
(2) a statement of the significant issues
raised by the public comments in response to
the initial regulatory flexibility analysis, a
statement of the assessment of the agency of
such issues, and a statement of any changes
made in the proposed rule as a result of such
comments;
(3) the response of the agency to any com-
ments filed by the Chief Counsel for Advocacy
of the Small Business Administration in re-
sponse to the proposed rule, and a detailed
statement of any change made to the proposed
rule in the final rule as a result of the com-
ments;
(4) a description of and an estimate of the
number of small entities to which the rule will
apply or an explanation of why no such esti-
mate is available;
(5) a description of the projected reporting,
recordkeeping and other compliance require-
ments of the rule, including an estimate of the
classes of small entities which will be subject
to the requirement and the type of profes-
sional skills necessary for preparation of the
report or record;
(6) 1 a description of the steps the agency has
taken to minimize the significant economic
impact on small entities consistent with the
stated objectives of applicable statutes, in-
cluding a statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the final rule and why each one of
the other significant alternatives to the rule
considered by the agency which affect the im-
pact on small entities was rejected; and
(6) 1 for a covered agency, as defined in sec-
tion 609(d)(2), a description of the steps the
agency has taken to minimize any additional
cost of credit for small entities.
(b) The agency shall make copies of the final
regulatory flexibility analysis available to
members of the public and shall publish in the
Federal Register such analysis or a summary
thereof.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94
Stat. 1167; amended Pub. L. 104–121, title II,
1 So in original. Two pars. (6) have been enacted.
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