Title 5, Government Organization and EmployeesRelease 119-110

§564 Publication of Notice; Applications for Membership on Committees

Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 5 — ADMINISTRATIVE PROCEDURE › SUBCHAPTER III — NEGOTIATED RULEMAKING PROCEDURE › § 564

Last updated Sep 23, 2026|Official source

Summary

When an agency decides to form a negotiated rulemaking committee, it must publish a notice in the Federal Register and other trade or specialty publications. The notice must say it plans to form the committee, describe the rule topic and the issues to be discussed, list the kinds of people or groups likely affected, name the people proposed to represent those interests and the agency, give a proposed agenda and a schedule with a target date for a proposed rule, explain what help the agency will give the committee, ask for public comments on forming the committee and its members, and explain how to apply or nominate someone for membership. People who will be significantly affected by the proposed rule and who think they are not represented in the notice may apply or nominate someone to join the committee. Each application or nomination must give the person’s name and the interest they would represent, show they are authorized to speak for that interest, include a written pledge to take part in good faith, and explain why the listed representatives do not adequately represent them. The agency must allow at least 30 calendar days for people to send comments and applications.

Full Legal Text

Title 5, §564

Government Organization and Employees, Source: USLM XML via OLRC

(a)Publication of Notice.—
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—
(1)an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;
(2)a description of the subject and scope of the rule to be developed, and the issues to be considered;
(3)a list of the interests which are likely to be significantly affected by the rule;
(4)a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency;
(5)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;
(6)a description of administrative support for the committee to be provided by the agency, including technical assistance;
(7)a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and
(8)an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b).
(b)Applications for Membership or Committee.—
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—
(1)the name of the applicant or nominee and a description of the interests such person shall represent;
(2)evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;
(3)a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and
(4)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.
(c)Period for Submission of Comments and Applications.—
The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–354 renumbered section 584 of this title as this section.

Reference

Citations & Metadata

Citation

5 U.S.C. § 564

Title 5, Government Organization and Employees

Last Updated

Sep 23, 2026

Release point: 119-110