Title 5Government Organization and EmployeesRelease 119-73

§603 Initial regulatory flexibility analysis

Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 6— - THE ANALYSIS OF REGULATORY FUNCTIONS › § 603

Last updated Apr 6, 2026|Official source

Summary

Agencies must make a short study about how a proposed rule will affect small entities whenever they publish a general notice of proposed rulemaking or certain IRS interpretative rules that require collecting information. The study must be open for public comment, published in the Federal Register when the notice appears, and sent to the Chief Counsel for Advocacy at the Small Business Administration. The study must say why the agency is acting, the rule’s goals and legal basis, how many small entities it will likely affect (when feasible), the expected reporting, recordkeeping, and other compliance duties and the skills needed, and any federal rules that might overlap or conflict. It must also describe important alternatives that meet the law’s goals but reduce harm to small entities, such as different reporting schedules, simpler or clearer requirements, performance-based standards, or exemptions. For certain covered agencies, the study must also explain any projected increase in small entities’ cost of credit, describe alternatives to limit that increase, and include advice from small-entity representatives chosen with the SBA advocate.

Full Legal Text

Title 5, §603

Government Organization and Employees — Source: USLM XML via OLRC

(a)Whenever an agency is required by section 553 of this title, or any other law, to publish general notice of proposed rulemaking for any proposed 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 impact of the proposed rule on small entities. The initial regulatory flexibility analysis or a summary 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 Advocacy 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 extent that such interpretative rules impose on small entities a collection of information requirement.
(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 requirements of the proposed 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;
(5)an identification, to the extent practicable, 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 significant alternatives to the proposed rule which accomplish 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;
(2)the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities;
(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 section 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 proposed rule which accomplish the stated objectives of applicable statutes and which minimize any increase in the cost of credit for small entities; and
(C)advice and recommendations of representatives 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 Advocacy of the Small Business Administration; and
(B)collect advice and recommendations from the representatives identified under subparagraph (A) relating to issues described in subparagraphs (A) and (B) of paragraph (1) and subsection (b).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (d). Pub. L. 111–203 added subsec. (d). 1996—Subsec. (a). Pub. L. 104–121, § 241(a)(1)(B), inserted at end “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 extent that such interpretative rules impose on small entities a collection of information requirement.” Pub. L. 104–121, § 241(a)(1)(A), which directed the insertion of “, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal 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 AmendmentAmendment by Pub. L. 111–203 effective on the designated 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 AmendmentAmendment by Pub. L. 104–121 effective on expiration of 90 days after Mar. 29, 1996, but inapplicable to interpretative rules for which a notice of proposed rulemaking 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 requirements 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 603

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73