Regulatory
Flexibility
Act
as
amended
by
Small
Business
Regulatory
Enforcement
Fairness
Act
SECTIONS
601.
Definitions
602.
Regulatory
agenda
603.
Initial
regulatory
flexibility
analysis
604.
Final
regulatory
flexibility
analysis
605.
Avoidance
of
duplicative
or
unnecessary
analyses
606.
Effect
on
other
law
607.
Preparation
of
analyses
608.
Procedure
for
waiver
or
delay
of
completion
609.
Procedures
for
gathering
comments
610.
Periodic
review
of
rules
611.
Judicial
review
612.
Reports
and
intervention
rights
SEC.
601.
DEFINITIONS
[
CITE:
5
USC
601]

For
purposes
of
this
chapter
 
(
1)
the
term
"
agency"
means
an
agency
as
defined
in
section
551(
1)
of
this
title;
(
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,
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
definition(
s)
in
the
Federal
Register;
(
5)
the
term
"
small
governmental
jurisdiction"
means
governments
of
cities,
counties,
towns,
townships,
villages,
school
districts,
or
special
districts,
with
a
population
of
less
than
fifty
thousand,
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
which
are
based
on
such
factors
as
location
in
rural
or
sparsely
populated
areas
or
limited
revenues
due
to
the
population
of
such
jurisdiction,
and
publishes
such
definition(
s)
in
the
Federal
Register;
(
6)
the
term
"
small
entity"
shall
have
the
same
meaning
as
the
terms
"
small
business",
"
small
organization"
and
"
small
governmental
jurisdiction"
defined
in
paragraphs
(
3),
(
4)
and
(
5)
of
this
section;
and
(
7)
the
term
"
collection
of
information"­­
(
A)
means
the
obtaining,
causing
to
be
obtained,
soliciting,
or
requiring
the
disclosure
to
third
parties
or
the
public,
of
facts
or
opinions
by
or
for
an
agency,
regardless
of
form
or
format,
calling
for
either­­
(
i)
answers
to
identical
questions
posed
to,
or
identical
reporting
or
recordkeeping
requirements
imposed
on,
10
or
more
persons,
other
than
agencies,
instrumentalities,
or
employees
of
the
United
States;
or
(
ii)
answers
to
questions
posed
to
agencies,
instrumentalities,
or
employees
of
the
United
States
which
are
to
be
used
for
general
statistical
purposes;
and
(
B)
shall
not
include
a
collection
of
information
described
under
section
3518(
c)(
1)
of
title
44,
United
States
Code.
(
8)
recordkeeping
requirement.­­
The
term
"
recordkeeping
requirement"
means
a
requirement
imposed
by
an
agency
on
persons
to
maintain
specified
records.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1165;
amended
Pub.
L.
104­
121,
title
II,
Sec.
241(
a)(
2),
Mar.
29,
1996,
110
Stat.
864.)

SEC.
602.
REGULATORY
AGENDA
[
CITE:
5
USC
602]

(
a)
During
the
months
of
October
and
April
of
each
year,
each
agency
shall
publish
in
the
Federal
Register
a
regulatory
flexibility
agenda
which
shall
contain­­
(
1)
a
brief
description
of
the
subject
area
of
any
rule
which
the
agency
expects
to
propose
or
promulgate
which
is
likely
to
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities;
(
2)
a
summary
of
the
nature
of
any
such
rule
under
consideration
for
each
subject
area
listed
in
the
agenda
pursuant
to
paragraph
(
1),
the
objectives
and
legal
basis
for
the
issuance
of
the
rule,
and
an
approximate
schedule
for
completing
action
on
any
rule
for
which
the
agency
has
issued
a
general
notice
of
proposed
rulemaking;
and
(
3)
the
name
and
telephone
number
of
an
agency
official
knowledgeable
concerning
the
items
listed
in
paragraph
(
1).
(
b)
Each
regulatory
flexibility
agenda
shall
be
transmitted
to
the
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration
for
comment,
if
any.
(
c)
Each
agency
shall
endeavor
to
provide
notice
of
each
regulatory
flexibility
agenda
to
small
entities
or
their
representatives
through
direct
notification
or
publication
of
the
agenda
in
publications
likely
to
be
obtained
by
such
small
entities
and
shall
invite
comments
upon
each
subject
area
on
the
agenda.
(
d)
Nothing
in
this
section
precludes
an
agency
from
considering
or
acting
on
any
matter
not
included
in
a
regulatory
flexibility
agenda,
or
requires
an
agency
to
consider
or
act
on
any
matter
listed
in
such
agenda.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1166.)
SEC.
603.
INITIAL
REGULATORY
FLEXIBILITY
ANALYSIS
[
CITE:
5
USC
603]

(
a)
Whenever
an
agency
is
required
by
section
553
of
this
title,
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
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;
(
5)
an
identification,
to
the
extent
practicable,
of
all
relevant
Federal
rules
which
may
duplicate,
overlap
or
conflict
with
the
proposed
rule.
(
c)
Each
initial
regulatory
flexibility
analysis
shall
also
contain
a
description
of
any
significant
alternatives
to
the
proposed
rule
which
accomplish
the
stated
objectives
of
applicable
statutes
and
which
minimize
any
significant
economic
impact
of
the
proposed
rule
on
small
entities.
Consistent
with
the
stated
objectives
of
applicable
statutes,
the
analysis
shall
discuss
significant
alternatives
such
as
 
(
a)
the
establishment
of
differing
compliance
or
reporting
requirements
or
timetables
that
take
into
account
the
resources
available
to
small
entities;
(
b)
the
clarification,
consolidation,
or
simplification
of
compliance
and
reporting
requirements
under
the
rule
for
such
small
entities;
(
c)
the
use
of
performance
rather
than
design
standards;
and
(
d)
an
exemption
from
coverage
of
the
rule,
or
any
part
thereof,
for
such
small
entities.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1166;
amended
Pub.
L.
104­
121,
title
II,
Sec.
241(
a)(
1),
Mar.
29,
1996,
110
Stat.
864.)

SEC.
604.
FINAL
REGULATORY
FLEXIBILITY
ANALYSIS
[
CITE:
5
USC
604]

(
a)
When
an
agency
promulgates
a
final
rule
under
section
553
of
this
title,
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
succinct
statement
of
the
need
for,
and
objectives
of,
the
rule;
(
2)
a
summary
of
the
significant
issues
raised
by
the
public
comments
in
response
to
the
initial
regulatory
flexibility
analysis,
a
summary
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)
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;
(
4)
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;
and
(
5)
a
description
of
the
steps
the
agency
has
taken
to
minimize
the
significant
economic
impact
on
small
entities
consistent
with
the
stated
objectives
of
applicable
statutes,
including
a
statement
of
the
factual,
policy,
and
legal
reasons
for
selecting
the
alternative
adopted
in
the
final
rule
and
why
each
one
of
the
other
significant
alternatives
to
the
rule
considered
by
the
agency
which
affect
the
impact
on
small
entities
was
rejected.
(
b)
The
agency
shall
make
copies
of
the
final
regulatory
flexibility
analysis
available
to
members
of
the
public
and
shall
publish
in
the
Federal
Register
such
analysis
or
a
summary
thereof.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1167;
amended
Pub.
L.
104­
121,
title
II,
Sec.
241(
b),
Mar.
29,
1996,
110
Stat.
864.)

SEC.
605.
AVOIDANCE
OF
DUPLICATIVE
OR
UNNECESSARY
ANALYSES
[
CITE:
5
USC
605]

(
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.)

SEC.
606.
EFFECT
ON
OTHER
LAW
[
CITE:
5
USC
606]

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,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1168.)

SEC.
607.
PREPARATION
OF
ANALYSES
[
CITE:
5
USC
607]
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,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1168.)

SEC.
608.
PROCEDURE
FOR
WAIVER
OR
DELAY
OF
COMPLETION
[
CITE:
5
USC
608]

(
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.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1168.)

SEC.
609.
PROCEDURES
FOR
GATHERING
COMMENTS
[
CITE:
5
USC
609]

(
a)
When
any
rule
is
promulgated
which
will
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
head
of
the
agency
promulgating
the
rule
or
the
official
of
the
agency
with
statutory
responsibility
for
the
promulgation
of
the
rule
shall
assure
that
small
entities
have
been
given
an
opportunity
to
participate
in
the
rulemaking
for
the
rule
through
the
reasonable
use
of
techniques
such
as
 
(
1)
the
inclusion
in
an
advanced
notice
of
proposed
rulemaking,
if
issued,
of
a
statement
that
the
proposed
rule
may
have
a
significant
economic
effect
on
a
substantial
number
of
small
entities;
(
2)
the
publication
of
general
notice
of
proposed
rulemaking
in
publications
likely
to
be
obtained
by
small
entities;
(
3)
the
direct
notification
of
interested
small
entities;
(
4)
the
conduct
of
open
conferences
or
public
hearings
concerning
the
rule
for
small
entities
including
soliciting
and
receiving
comments
over
computer
networks;
and
(
5)
the
adoption
or
modification
of
agency
procedural
rules
to
reduce
the
cost
or
complexity
of
participation
in
the
rulemaking
by
small
entities.
(
b)
Prior
to
publication
of
an
initial
regulatory
flexibility
analysis
which
a
covered
agency
is
required
to
conduct
by
this
chapter
 
(
1)
a
covered
agency
shall
notify
the
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration
and
provide
the
Chief
Counsel
with
information
on
the
potential
impacts
of
the
proposed
rule
on
small
entities
and
the
type
of
small
entities
that
might
be
affected;
(
2)
not
later
than
15
days
after
the
date
of
receipt
of
the
materials
described
in
paragraph
(
1),
the
Chief
Counsel
shall
identify
individuals
representative
of
affected
small
entities
for
the
purpose
of
obtaining
advice
and
recommendations
from
those
individuals
about
the
potential
impacts
of
the
proposed
rule;
(
3)
the
agency
shall
convene
a
review
panel
for
such
rule
consisting
wholly
of
full
time
Federal
employees
of
the
office
within
the
agency
responsible
for
carrying
out
the
proposed
rule,
the
Office
of
Information
and
Regulatory
Affairs
within
the
Office
of
Management
and
Budget,
and
the
Chief
Counsel;
(
4)
the
panel
shall
review
any
material
the
agency
has
prepared
in
connection
with
this
chapter,
including
any
draft
proposed
rule,
collect
advice
and
recommendations
of
each
individual
small
entity
representative
identified
by
the
agency
after
consultation
with
the
Chief
Counsel,
on
issues
related
to
subsections
603(
b),
paragraphs
(
3),
(
4)
and
(
5)
and
603(
c);
(
5)
not
later
than
60
days
after
the
date
a
covered
agency
convenes
a
review
panel
pursuant
to
paragraph
(
3),
the
review
panel
shall
report
on
the
comments
of
the
small
entity
representatives
and
its
findings
as
to
issues
related
to
subsections
603(
b),
paragraphs
(
3),
(
4)
and
(
5)
and
603(
c),
provided
that
such
report
shall
be
made
public
as
part
of
the
rulemaking
record;
and
(
6)
where
appropriate,
the
agency
shall
modify
the
proposed
rule,
the
initial
regulatory
flexibility
analysis
or
the
decision
on
whether
an
initial
regulatory
flexibility
analysis
is
required.
(
c)
An
agency
may
in
its
discretion
apply
subsection
(
b)
to
rules
that
the
agency
intends
to
certify
under
subsection
605(
b),
but
the
agency
believes
may
have
a
greater
than
de
minimis
impact
on
a
substantial
number
of
small
entities.
(
d)
For
purposes
of
this
section,
the
term
"
covered
agency''
means
the
Environmental
Protection
Agency
and
the
Occupational
Safety
and
Health
Administration
of
the
Department
of
Labor.
(
e)
The
Chief
Counsel
for
Advocacy,
in
consultation
with
the
individuals
identified
in
subsection
(
b)(
2),
and
with
the
Administrator
of
the
Office
of
Information
and
Regulatory
Affairs
within
the
Office
of
Management
and
Budget,
may
waive
the
requirements
of
subsections
(
b)(
3),
(
b)(
4),
and
(
b)(
5)
by
including
in
the
rulemaking
record
a
written
finding,
with
reasons
therefor,
that
those
requirements
would
not
advance
the
effective
participation
of
small
entities
in
the
rulemaking
process.
For
purposes
of
this
subsection,
the
factors
to
be
considered
in
making
such
a
finding
are
as
follows:
(
1)
In
developing
a
proposed
rule,
the
extent
to
which
the
covered
agency
consulted
with
individuals
representative
of
affected
small
entities
with
respect
to
the
potential
impacts
of
the
rule
and
took
such
concerns
into
consideration.
(
2)
Special
circumstances
requiring
prompt
issuance
of
the
rule.
(
3)
Whether
the
requirements
of
subsection
(
b)
would
provide
the
individuals
identified
in
subsection
(
b)(
2)
with
a
competitive
advantage
relative
to
other
small
entities.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1168;
amended
Pub.
L.
104­
121,
title
II,
Sec.
244(
a),
Mar.
29,
1996,
110
Stat.
867.)
SEC.
610.
PERIODIC
REVIEW
OF
RULES
[
CITE:
5
USC
610]

(
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.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1169.)

SEC.
611.
JUDICIAL
REVIEW
[
CITE:
5
USC
611]

(
a)
(
1)
For
any
rule
subject
to
this
chapter,
a
small
entity
that
is
adversely
affected
or
aggrieved
by
final
agency
action
is
entitled
to
judicial
review
of
agency
compliance
with
the
requirements
of
sections
601,
604,
605(
b),
608(
b),
and
610
in
accordance
with
chapter
7.
Agency
compliance
with
sections
607
and
609(
a)
shall
be
judicially
reviewable
in
connection
with
judicial
review
of
section
604.
(
2)
Each
court
having
jurisdiction
to
review
such
rule
for
compliance
with
section
553,
or
under
any
other
provision
of
law,
shall
have
jurisdiction
to
review
any
claims
of
noncompliance
with
sections
601,
604,
605(
b),
608(
b),
and
610
in
accordance
with
chapter
7.
Agency
compliance
with
sections
607
and
609(
a)
shall
be
judicially
reviewable
in
connection
with
judicial
review
of
section
604.
(
3)
(
A)
A
small
entity
may
seek
such
review
during
the
period
beginning
on
the
date
of
final
agency
action
and
ending
one
year
later,
except
that
where
a
provision
of
law
requires
that
an
action
challenging
a
final
agency
action
be
commenced
before
the
expiration
of
one
year,
such
lesser
period
shall
apply
to
an
action
for
judicial
review
under
this
section.
(
B)
In
the
case
where
an
agency
delays
the
issuance
of
a
final
regulatory
flexibility
analysis
pursuant
to
section
608(
b)
of
this
chapter,
an
action
for
judicial
review
under
this
section
shall
be
filed
not
later
than­­
(
i)
one
year
after
the
date
the
analysis
is
made
available
to
the
public,
or
(
ii)
where
a
provision
of
law
requires
that
an
action
challenging
a
final
agency
regulation
be
commenced
before
the
expiration
of
the
1­
year
period,
the
number
of
days
specified
in
such
provision
of
law
that
is
after
the
date
the
analysis
is
made
available
to
the
public.
(
4)
In
granting
any
relief
in
an
action
under
this
section,
the
court
shall
order
the
agency
to
take
corrective
action
consistent
with
this
chapter
and
chapter
7,
including,
but
not
limited
to­­
(
1)
remanding
the
rule
to
the
agency,
and
(
2)
deferring
the
enforcement
of
the
rule
against
small
entities
unless
the
court
finds
that
continued
enforcement
of
the
rule
is
in
the
public
interest.
(
5)
Nothing
in
this
subsection
shall
be
construed
to
limit
the
authority
of
any
court
to
stay
the
effective
date
of
any
rule
or
provision
thereof
under
any
other
provision
of
law
or
to
grant
any
other
relief
in
addition
to
the
requirements
of
this
section.
(
b)
In
an
action
for
the
judicial
review
of
a
rule,
the
regulatory
flexibility
analysis
for
such
rule,
including
an
analysis
prepared
or
corrected
pursuant
to
paragraph
(
a)(
4),
shall
constitute
part
of
the
entire
record
of
agency
action
in
connection
with
such
review.
(
c)
Compliance
or
noncompliance
by
an
agency
with
the
provisions
of
this
chapter
shall
be
subject
to
judicial
review
only
in
accordance
with
this
section.
(
d)
Nothing
in
this
section
bars
judicial
review
of
any
other
impact
statement
or
similar
analysis
required
by
any
other
law
if
judicial
review
of
such
statement
or
analysis
is
otherwise
permitted
by
law.

(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1169;
amended
Pub.
L.
104­
121,
title
II,
Sec.
242,
Mar.
29,
1996,
110
Stat.
865.)

SEC.
612.
REPORTS
AND
INTERVENTION
RIGHTS
[
CITE:
5
USC
612]

(
a)
The
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration
shall
monitor
agency
compliance
with
this
chapter
and
shall
report
at
least
annually
thereon
to
the
President
and
to
the
Committees
on
the
Judiciary
and
Small
Business
of
the
Senate
and
House
of
Representatives.
(
b)
The
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration
is
authorized
to
appear
as
amicus
curiae
in
any
action
brought
in
a
court
of
the
United
States
to
review
a
rule.
In
any
such
action,
the
Chief
Counsel
is
authorized
to
present
his
or
her
views
with
respect
to
compliance
with
this
chapter,
the
adequacy
of
the
rulemaking
record
with
respect
to
small
entities
and
the
effect
of
the
rule
on
small
entities.
(
e)
A
court
of
the
United
States
shall
grant
the
application
of
the
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration
to
appear
in
any
such
action
for
the
purposes
described
in
subsection
(
b).
(
Added
Pub.
L.
96­
354,
Sec.
3(
a),
Sept.
19,
1980,
94
Stat.
1170;
amended
Pub.
L.
104­
121,
title
II,
Sec.
243(
b),
Mar.
29,
1996,
110
Stat.
866.)
