Page:United States Statutes at Large Volume 94 Part 1.djvu/1216

 94 STAT. 1166

PUBLIC LAW 96-354—SEPT. 19, 1980

"(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 definitions) in the Federal Register; and "(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. 5 USC 602. "§602. Regulatory agenda Publication in "(a) During the months of October and April of each year, each Federal agency shall publish in the Federal Register a regulatory flexibility Register. 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 gener^ notice of proposed rulemaking, and "(3) the name and telephone number of an agency official knowledgeable concerning the items listed in paragraph (1). Transmittal to "(b) Each regulatory flexibility agenda shall be transmitted to the SBA. Chief Counsel for Advocacy of the Small Business Administration for comment, if any. Notice. "(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. 5 USC 603. "§ 603. Initial regulatory flexibility analysis Public comment. "(a) Whenever an agency is required by section 553 of this title, or 5 USC 553. any other law, to publish general notice of proposed rulemaking for any proposed rule, 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 Publication in Federal published in the Federal Register at the time of the publication of Register. general notice of proposed rulemaking for the rule. The agency shall Transmittal to transmit a copy of the initial regulatory flexibility analysis to the SBA. Chief Counsel for Advocacy of the Small Business Administration. "(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;

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