Page:United States Statutes at Large Volume 94 Part 1.djvu/1217

 PUBLIC LAW 96-354—SEPT. 19, 1980

94 STAT. 1167

"(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. "§ 604. Final regulatory flexibility analysis "(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, 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 the objectives of, the rule; "(2) a summary of the 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; and "(3) a description of each of the significant alternatives to the rule consistent with the stated objectives of applicable statutes and designed to minimize any significant economic impact of the rule on small entities which was considered by the agency, and a statement of the reasons why each one of such alternatives 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 at the time of publication of the final rule under section 553 of this title a statement describing how the public may obtain such copies. "§ 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.

79-194

O—81—pt. 1

77: QL3

5 USC 604. 5 USC 553.

Public availability; publication in Federal Register. 5 USC 553. 5 USC 605.

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