(a) When any rule is promulgated
which will have a significant economic impact on a substantial number
of small entities, the head of the agency promulgating the rule or
the official of the agency with statutory responsibility for the promulgation
of the rule shall assure that small entities have been given an opportunity
to participate in the rulemaking for the rule through the reasonable
use of techniques such as—
(1) the inclusion in an advanced notice
of proposed rulemaking, if issued, of a statement that the proposed
rule may have a significant economic effect on a substantial number
of small entities;
(2) the publication of general notice of proposed rulemaking in publications
likely to be obtained by small entities;
(3) the direct notification of interested
small entities;
(4)
the conduct of open conferences or public hearings concerning the
rule for small entities including soliciting and receiving comments
over computer networks; and
(5) the adoption or modification of agency
procedural rules to reduce the cost or complexity of participation
in the rulemaking by small entities.
1-522.171
(b) Prior to publication of an initial regulatory flexibility
analysis which a covered agency is required to conduct by this chapter—
(1) a covered agency shall notify the Chief
Counsel for Advocacy of the Small Business Administration and provide
the Chief Counsel with information on the potential impacts of the
proposed rule on small entities and the type of small entities that
might be affected;
(2)
not later than 15 days after the date of receipt of the materials
described in paragraph (1), the Chief Counsel shall identify individuals
representative of affected small entities for the purpose of obtaining
advice and recommendations from those individuals about the potential
impacts of the proposed rule;
(3) the agency shall convene a review panel
for such rule consisting wholly of full time Federal employees of
the office within the agency responsible for carrying out the proposed
rule, the Office of Information and Regulatory Affairs within the
Office of Management and Budget, and the Chief Counsel;
(4) the panel shall review
any material the agency has prepared in connection with this chapter,
including any draft proposed rule, collect advice and recommendations
of each individual small entity representative identified by the agency
after consultation with the Chief Counsel, on issues related to subsections
603(b), paragraphs (3), (4) and (5) and 603(c);
(5) not later than 60 days after the date
a covered agency convenes a review panel pursuant to paragraph (3),
the review panel shall report on the comments of the small entity
representatives and its findings as to issues related to subsections
603(b), paragraphs (3), (4) and (5) and 603(c), provided that such
report shall be made public as part of the rulemaking record; and
(6) where appropriate,
the agency shall modify the proposed rule, the initial regulatory
flexibility analysis or the decision on whether an initial regulatory
flexibility analysis is required.
1-522.172
(c) An agency may in its discretion apply subsection
(b) to rules that the agency intends to certify under subsection 605(b),
but the agency believes may have a greater than de minimis impact
on a substantial number of small entities.
(d) For purposes of this section, the term
“covered agency” means the Environmental Protection Agency and the
Occupational Safety and Health Administration of the Department of
Labor.
(e) The
Chief Counsel for Advocacy, in consultation with the individuals identified
in subsection (b)(2), and with the Administrator of the Office of
Information and Regulatory Affairs within the Office of Management
and Budget, may waive the requirements of subsections (b)(3), (b)(4),
and (b)(5) by including in the rulemaking record a written finding,
with reasons therefor, that those requirements would not advance effective
participation of small entities in the rulemaking process. For purposes
of this subsection, the factors to be considered in making such a
finding are as follows:
(1) In developing a proposed rule, the
extent to which the covered agency consulted with individuals representative
of affected small entities with respect to the potential impacts of
the rule and took such concerns into consideration.
(2) Special circumstances requiring prompt
issuance of the rule.
(3) Whether the requirements of subsection (b) would provide the individuals
identified in subsection (b)(2) with a competitive advantage relative
to other small entities.
[5 USC 609. As amended
by act of March 24, 1996 (110 Stat. 867).]
