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

Summary

An agency that plans to set up a negotiated rulemaking committee must publish a notice in the Federal Register and, when suitable, in trade or other specialized publications. The notice must say it plans to form the committee and explain the rule topic and issues, who is likely affected, who is proposed to represent those interests and the agency, the work plan and target date to publish a proposed rule for public comment, what support the agency will give the committee, a request for public comment, and how to apply or nominate someone for committee membership. People who would be significantly affected and feel they are not properly represented may apply or nominate someone. Each application or nomination must give the person’s name and the interests they would represent, proof they are authorized to speak for those interests, a written promise to take part in good faith, and reasons why the listed representatives are not adequate. The agency must allow at least 30 calendar days for comments and applications.

Title 5, §564

Government Organization and Employees — Source: USLM XML via OLRC

(a)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)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)The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.

Editorial Notes

Amendments

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

§564 Publication of Notice; Applications for Membership on Committees

Summary

Title 5, §564

Notes & Related Subsidiaries

Editorial Notes

Amendments

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