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

Summary

The head of an agency can waive or postpone some or all tasks required by section 603 if, by the day the final rule is published in the Federal Register, they publish a written statement saying the rule is being issued because of an emergency that makes following those tasks impractical. The head cannot waive the tasks in section 604 (except as allowed by section 605(b)). They can delay them for up to 180 days by publishing the same kind of emergency statement by the day the final rule is published. If the agency has not finished the required final regulatory analysis within 180 days, the rule ends and has no effect and cannot be reissued until that analysis is completed.

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