§608 — Title 5 Government Organization and Employees | U.S. Code

Summary

An agency head can waive or put off some or all earlier required steps if, by the same day the final rule is published, they put a written explanation with reasons into the Federal Register saying an emergency makes meeting those steps impractical. For another set of required steps, the agency usually cannot waive them except where the law allows. The agency can delay finishing those steps for no more than 180 days if it files the same kind of written explanation in the Federal Register by the final rule’s publication date. If the agency still has not completed the required analysis within 180 days, the rule ends and has no effect, and it cannot be reissued until that analysis is finished.

Title 5, §608

Government Organization and Employees — Source: USLM XML via OLRC

(a)An agency head may waive or delay the completion of some or all of the requirements of section 603 of this title by publishing in the Federal Register, not later than the date of publication of the final rule, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes compliance or timely compliance with the provisions of section 603 of this title impracticable.

(b)Except as provided in section 605(b), an agency head may not waive the requirements of section 604 of this title. An agency head may delay the completion of the requirements of section 604 of this title for a period of not more than one hundred and eighty days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes timely compliance with the provisions of section 604 of this title impracticable. If the agency has not prepared a final regulatory analysis pursuant to section 604 of this title within one hundred and eighty days from the date of publication of the final rule, such rule shall lapse and have no effect. Such rule shall not be repromulgated until a final regulatory flexibility analysis has been completed by the agency.

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.

§608 Procedure for waiver or delay of completion

Summary

Title 5, §608

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata