
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC605]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
             CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
 
Sec. 605. Avoidance of duplicative or unnecessary analyses

    (a) Any Federal agency may perform the analyses required by sections 
602, 603, and 604 of this title in conjunction with or as a part of any 
other agenda or analysis required by any other law if such other 
analysis satisfies the provisions of such sections.
    (b) Sections 603 and 604 of this title shall not apply to any 
proposed or final rule if the head of the agency certifies that the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities. If the head of the agency makes a 
certification under the preceding sentence, the agency shall publish 
such certification in the Federal Register at the time of publication of 
general notice of proposed rulemaking for the rule or at the time of 
publication of the final rule, along with a statement providing the 
factual basis for such certification. The agency shall provide such 
certification and statement to the Chief Counsel for Advocacy of the 
Small Business Administration.
    (c) In order to avoid duplicative action, an agency may consider a 
series of closely related rules as one rule for the purposes of sections 
602, 603, 604 and 610 of this title.

(Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1167; amended 
Pub. L. 104-121, title II, Sec. 243(a), Mar. 29, 1996, 110 Stat. 866.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-121 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``Sections 603 and 604 
of this title shall not apply to any proposed or final rule if the head 
of the agency certifies that the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small entities. 
If the head of the agency makes a certification under the preceding 
sentence, the agency shall publish such certification in the Federal 
Register, at the time of publication of general notice of proposed 
rulemaking for the rule or at the time of publication of the final rule, 
along with a succinct statement explaining the reasons for such 
certification, and provide such certification and statement to the Chief 
Counsel for Advocacy of the Small Business Administration.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-121 effective on expiration of 90 days 
after Mar. 29, 1996, but inapplicable to interpretative rules for which 
a notice of proposed rulemaking was published prior to Mar. 29, 1996, 
see section 245 of Pub. L. 104-121, set out as a note under section 601 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 608, 609, 611, 801 of this 
title.
