5 U.S.C. § 564 — Publication of notice; applications for membership on committees
submitted 36 years ago by Pub. L. 101-648 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 410 words · no verdicts yet
An agency that chooses negotiated rulemaking must publish a notice describing the proposed committee, rule, affected interests, members, schedule, support, and application process. People who would be affected may apply or nominate someone, and the comment and application period must last at least 30 days.
(a) Notice. After considering a convener’s report or its own assessment, an agency that decides to form a negotiated rulemaking committee must publish a Federal Register notice and, when appropriate, a notice in trade or specialized publications. The notice must announce the committee; describe the rule’s subject, scope, and issues; list significantly affected interests; list proposed representatives of those interests and the agency; give a proposed agenda and schedule, including a target date for the proposed rule; describe agency administrative and technical support; request comments on the committee and membership; and explain how to apply or nominate another person under subsection (b).
(b) Applications. A person significantly affected by the proposed rule who believes the listed representatives do not adequately represent the person’s interests may apply or nominate another person for committee membership. The submission must give the applicant’s or nominee’s name and represented interests; evidence of authority to represent related parties; a written promise to participate actively and in good faith; and reasons the listed people do not adequately represent the submitting person’s interests.
(c) Period. The agency must allow at least 30 calendar days for comments and applications.
If, after considering the report of a convener or conducting its own assessment, an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include—
an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;
a description of the subject and scope of the rule to be developed, and the issues to be considered;
a list of the interests which are likely to be significantly affected by the rule;
a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency;
a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment;
a description of administrative support for the committee to be provided by the agency, including technical assistance;
a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and
an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b).
Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include—
the name of the applicant or nominee and a description of the interests such person shall represent;
evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;
a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and
the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination.
The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.
Source credit: (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4971, § 584; renumbered § 564, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)
- 1990Enacted · Pub. L. 101-648 · 104 Stat. 4971
- 1992Amended · Pub. L. 102-354 · 106 Stat. 944
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-648 on 1990-11-29.
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