Title 5, Government Organization and EmployeesRelease 119-102

§610 Periodic Review of Rules

Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 6 — THE ANALYSIS OF REGULATORY FUNCTIONS › § 610

Last updated Aug 21, 2026|Official source

Summary

Agencies must put a plan in the Federal Register within 180 days that explains how they will regularly review rules that have a big economic effect on a large number of small entities. The plan can be changed later by publishing the update. The reviews must decide whether each rule should stay, be changed, or be removed while still meeting the law. The plan must cover rules that already exist within 10 years, and new rules within 10 years after they become final. If an agency head cannot finish on time, they must publish a statement and may delay completion one year at a time, for up to five years total. When doing reviews, agencies must look at things like whether the rule is still needed, public complaints or comments, how complicated it is, overlap or conflict with other rules, and whether technology or the economy has changed since it was last checked. Each year agencies must publish a list in the Federal Register of the rules they will review in the next 12 months, with a short description, why the rule exists and its legal basis, and they must ask the public for comments.

Full Legal Text

Title 5, §610

Government Organization and Employees, Source: USLM XML via OLRC

(a)Within one hundred and eighty days after the effective date of this chapter, each agency shall publish in the Federal Register a plan for the periodic review of the rules issued by the agency which have or will have a significant economic impact upon a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of such small entities. The plan shall provide for the review of all such agency rules existing on the effective date of this chapter within ten years of that date and for the review of such rules adopted after the effective date of this chapter within ten years of the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, he shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years.
(b)In reviewing rules to minimize any significant economic impact of the rule on a substantial number of small entities in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors—
(1)the continued need for the rule;
(2)the nature of complaints or comments received concerning the rule from the public;
(3)the complexity of the rule;
(4)the extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and
(5)the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.
(c)Each year, each agency shall publish in the Federal Register a list of the rules which have a significant economic impact on a substantial number of small entities, which are to be reviewed pursuant to this section during the succeeding twelve months. The list shall include a brief description of each rule and the need for and legal basis of such rule and shall invite public comment upon the rule.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this chapter, referred to in subsec. (a), is Jan. 1, 1981. See

Effective Date

note set out under section 601 of this title.

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 610

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102