Regulatory Flexibility Act (5 U.S.C. 601 et seq.), excerpt

§ 609. Procedures for gathering comments

 (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.

§ 603. Initial regulatory flexibility analysis

(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--

(1) the establishment of differing compliance or reporting requirements
or timetables that take into account the resources available to small
entities;

(2) the clarification, consolidation, or simplification of compliance
and reporting requirements under the rule for such small entities;

(3) the use of performance rather than design standards; and

(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.

