Page:United States Statutes at Large Volume 91.djvu/622

 91 STAT. 588

Rulemaking procedure, certain exceptions, prohibition.

Oral presentations.

Transcript. Explanation.

Waiver.

Hearing.

PUBLIC LAW 95-91—AUG. 4, 1977 provided by publication of such proposed rules, regulations, or orders in at least t\YO ne^A-spapers of statewide circulation. If such publication is not practicable, notice of any such rule, regulation, or order shall be given by such other means as the officer promulgating such rule, regulation, or order determines will reasonably assure wide public notice. (.3) For the purposes of this title, the exception from the requirements of section 558 of title 5, Ignited States Code, provided by subsection (a)(2) of such section with respect to public property, loans, grants, or contracts shall not be available. (c)(1) If the Secretary determines, on his own initiative or in response to any showing made pursuant to paragraph (2) (with respect to a proposed rule, regulation, or order described in subsection (a)) that no substantial issue of fact or law exists and that such rule, regulation, or order is unlikely to have a substantial impact on the Xation's economy or large numbers of individuals or businesses, such proposed rule, regulation, or order may be promulgated in accordance with section 55.3 of title 5, United States Code. If.the Secretary determines that a substantial issue of fact or law exists or that such rule, regulation, or order is likely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be provided. (2) Any person, who would be adversely affected by the implementation of any proposed rule, regulation, or order Avho desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of such substantial issues or such impact. {?>) A transcript shall be kept of any oral presentation with respect to a rule, regulation, or order described in subsection (a). (d) Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promulgate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period. (e) The requirements of subsections (b), (c), and (d) of this section may be waived where strict compliance is found by the Secretary to be likely to cause serious h a r m or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. I n the event the requirements of this section are waived, the requirements shall be satisfied within a reasonable period of time subsequent to the promulgation of such rule, regulation, or order. (f)(1) W i t h respect to any rule, regulation, or order described in subsection (a), the effects of which, except for indirect effects of an inconsequential nature, are confined to— (A) a single unit of local government or the residents thereof; (B) a single geographic area within a State or the residents thereof; or , ^.,, (C) a single State or the residents thereof; the Secretary shall, in any case w'here appropriate, afford an opportunity for a hearing or the oral presentation of views, and provide procedures for the holding of such hearing or oral presentation within the boimdaries of the unit of local government, geographic area, or State described in paragraph s (A) through (C) of this paragraph as the case may be.

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