§ 605. — Avoidance of duplicative or unnecessary analyses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC605]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
Sec. 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.
(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.)
Amendments
1996--Subsec. (b). Pub. L. 104-121 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ``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 succinct statement explaining the reasons for such
certification, and provide such certification and statement to the Chief
Counsel for Advocacy of the Small Business Administration.''
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-121 effective on expiration of 90 days
after Mar. 29, 1996, but inapplicable to interpretative rules for which
a notice of proposed rulemaking was published prior to Mar. 29, 1996,
see section 245 of Pub. L. 104-121, set out as a note under section 601
of this title.
Section Referred to in Other Sections
This section is referred to in sections 608, 609, 611, 801 of this
title.
