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5 U.S.C. § 608 — Procedure for waiver or delay of completion

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 608 — Procedure for waiver or delay of completion

**(a)** An agency head may waive or delay the completion of some or all of the requirements of [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section603&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section603&num=0&edition=prelim) impracticable. **(b)** Except as provided in section 605(b), an agency head may not waive the requirements of [section 604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section604&num=0&edition=prelim). An agency head may delay the completion of the requirements of [section 604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section604&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section604&num=0&edition=prelim) impracticable. If the agency has not prepared a final regulatory analysis pursuant to [section 604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section604&num=0&edition=prelim) within one hundred and ei

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Source location: Title 5, Chapter 6, § 608; chapter-006-the-analysis-of-regulatory-functions.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 604 — Final regulatory flexibility analysis

**(a)** When an agency promulgates a final rule under [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States as described in section 603(a), the agency shall prepare a final regulatory flexibility analysis. Each final regulatory flexibility analysis shall contain— (1) a statement of the need for, and objectives of, the rule; (2) a statement of the significant issues raised by the public comments in response to the initial regulatory flexibility analysis, a statement of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments; (3) the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments; (4) a description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available; (5) a description of the projected reporting, recordkeeping and other compliance requirements of the rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; (6) 11 So in original. Two pars. (6) have been enacted. a description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 603 — Initial regulatory flexibility analysis

**(a)** Whenever an agency is required by [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), or any other law, to publish general notice of proposed rulemaking for any proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, the agency shall prepare and make available for public comment an initial regulatory flexibility analysis. Such analysis shall describe the impact of the proposed rule on small entities. The initial regulatory flexibility analysis or a summary shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule. The agency shall transmit a copy of the initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration. In the case of an interpretative rule involving the internal revenue laws of the United States, this chapter applies to interpretative rules published in the Federal Register for codification in the Code of Federal Regulations, but only to the extent that such interpretative rules impose on small entities a collection of information requirement. **(b)** Each initial regulatory flexibility analysis required under this section shall contain— (1) a description of the reasons why action by the agency is being considered; (2) a succinct statement of the objectives of, and legal basis for, the proposed rule; (3) a description of and, where feasible, an estimate of the number of small entities to which the proposed rule will apply; (4) a description of the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of th

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 608 — Procedure for waiver or delay of comple-

Page 225 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 609 § 606. Effect on other law The requirements of sections 603 and 604 of this title do not alter in any manner standards otherwise applicable by law to agency action. (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1168.) 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. § 607. Preparation of analyses In complying with the provisions of sections 603 and 604 of this title, an agency may provide either a quantifiable or numerical description of the effects of a proposed rule or alternatives to the proposed rule, or more general descriptive statements if quantification is not practicable or reliable. (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1168.) 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 comple- tion (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 Fed- eral Register, not later than the date of publica- tion of the final rule, a written finding, with reasons therefor, that the final rule is being pro- mulgated in response to an emergency that makes compliance or timely compliance with the provisions of section 603 of this title imprac- ticable. (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 sec- tion 604 of this title for a period of not more than one hu

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