
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC564]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
             SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE
 
Sec. 564. Publication of notice; applications for membership on 
        committees
        
    (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 \1\ 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--
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    \1\ So in original. Probably should be ``on''.
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        (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.

(Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4971, 
Sec. 584; renumbered Sec. 564, Pub. L. 102-354, Sec. 3(a)(2), Aug. 26, 
1992, 106 Stat. 944.)


                               Amendments

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

                  Section Referred to in Other Sections

    This section is referred to in section 565 of this title; title 25 
section 4116; title 42 section 1395w-26.
