5 U.S.C. § 604 — Final regulatory flexibility analysis
submitted 46 years ago by Pub. L. 96-354 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 386 words · no verdicts yet
An agency must prepare a final regulatory flexibility analysis for certain final rules. The analysis must address the rule's need, public comments, affected small entities, compliance requirements, and steps to reduce economic effects, with an additional credit-cost requirement for a covered agency.
(a) When an agency* issues a final rule* under section 553 of this title after section 553 or another law required it to publish a general notice of proposed rulemaking, the agency must prepare a final regulatory flexibility analysis. The agency must also prepare one when it issues a final interpretative rule involving the United States internal revenue laws as described in section 603(a). Each final regulatory flexibility analysis must contain: (1) a statement of why the rule is needed and what it is meant to accomplish; (2) a statement of the important issues raised by public comments on the initial regulatory flexibility analysis, the agency's assessment of those issues, and any changes made in the proposed rule because of those comments; (3) the agency's response to comments that the Chief Counsel for Advocacy of the Small Business* Administration filed about the proposed rule, plus a detailed statement of each change made to the proposed rule in the final rule because of those comments; (4) a description and estimate of the number of small entities to which the rule will apply, or an explanation of why no estimate is available; (5) a description of the rule's expected reporting, recordkeeping, and other compliance requirements, including an estimate of the classes of small entities that will have to comply and the kinds of professional skills needed to prepare the report or record; (6) a description of the steps the agency has taken to reduce the rule's significant economic impact on small entities while meeting the stated objectives of applicable statutes. This must include the factual, policy, and legal reasons for choosing the alternative used in the final rule and why the agency rejected each other significant alternative it considered that would affect small entities; and (6) for a covered agency as defined in section 609(d)(2), a description of the steps the agency has taken to reduce any additional cost of credit for small entities. (b) The agency must make copies of the final regulatory flexibility analysis available to the public. It must publish the analysis, or a summary of it, in the Federal Register.
When an agency* promulgates a final rule* under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States as described in section 603(a), the agency shall prepare a final regulatory flexibility analysis. Each final regulatory flexibility analysis shall contain—
a statement of the need for, and objectives of, the rule;
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;
the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business* Administration in response 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 comments;
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 estimate is available;
a description of the projected reporting, recordkeeping and other compliance requirements of the rule, including an estimate 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;
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, including 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 impact on small entities was rejected; and
1 for a covered agency, as defined in section 609(d)(2), a description of the steps the agency has taken to minimize any additional cost of credit for small entities.
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.
Source credit: (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1167; amended Pub. L. 104–121, title II, § 241(b), Mar. 29, 1996, 110 Stat. 864; Pub. L. 111–203, title X, § 1100G(c), July 21, 2010, 124 Stat. 2113; Pub. L. 111–240, title I, § 1601, Sept. 27, 2010, 124 Stat. 2551.)
- 1980Enacted · Pub. L. 96-354 · 94 Stat. 1167
- 1996Amended · Pub. L. 104-121 · 110 Stat. 864
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2113
- 2010Amended · Pub. L. 111-240 · 124 Stat. 2551
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-354 on 1980-09-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case