§ 608. — Procedure for waiver or delay of completion.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC608]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
Sec. 608. Procedure for waiver or delay of completion
(a) An agency head may waive or delay the completion of some or all
of the requirements of section 603 of this title by publishing in the
Federal Register, not later than the date of publication of the final
rule, a written finding, with reasons therefor, that the final rule is
being promulgated in response to an emergency that makes compliance or
timely compliance with the provisions of section 603 of this title
impracticable.
(b) Except as provided in section 605(b), an agency head may not
waive the requirements of section 604 of this title. An agency head may
delay the completion of the requirements of section 604 of this title
for a period of not more than one hundred and eighty days after the date
of publication in the Federal Register of a final rule by publishing in
the Federal Register, not later than such date of publication, a written
finding, with reasons therefor, that the final rule is being promulgated
in response to an emergency that makes timely compliance with the
provisions of section 604 of this title impracticable. If the agency has
not prepared a final regulatory analysis pursuant to section 604 of this
title within one hundred and eighty days from the date of publication of
the final rule, such rule shall lapse and have no effect. Such rule
shall not be repromulgated until a final regulatory flexibility analysis
has been completed by the agency.
(Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1168.)
Section Referred to in Other Sections
This section is referred to in section 611 of this title.
