§ 610. — Periodic review of rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC610]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
Sec. 610. Periodic review of rules
(a) Within one hundred and eighty days after the effective date of
this chapter, each agency shall publish in the Federal Register a plan
for the periodic review of the rules issued by the agency which have or
will have a significant economic impact upon a substantial number of
small entities. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register. The purpose of the
review shall be to determine whether such rules should be continued
without change, or should be amended or rescinded, consistent with the
stated objectives of applicable statutes, to minimize any significant
economic impact of the rules upon a substantial number of such small
entities. The plan shall provide for the review of all such agency rules
existing on the effective date of this chapter within ten years of that
date and for the review of such rules adopted after the effective date
of this chapter within ten years of the publication of such rules as the
final rule. If the head of the agency determines that completion of the
review of existing rules is not feasible by the established date, he
shall so certify in a statement published in the Federal Register and
may extend the completion date by one year at a time for a total of not
more than five years.
(b) In reviewing rules to minimize any significant economic impact
of the rule on a substantial number of small entities in a manner
consistent with the stated objectives of applicable statutes, the agency
shall consider the following factors--
(1) the continued need for the rule;
(2) the nature of complaints or comments received concerning the
rule from the public;
(3) the complexity of the rule;
(4) the extent to which the rule overlaps, duplicates or
conflicts with other Federal rules, and, to the extent feasible,
with State and local governmental rules; and
(5) the length of time since the rule has been evaluated or the
degree to which technology, economic conditions, or other factors
have changed in the area affected by the rule.
(c) Each year, each agency shall publish in the Federal Register a
list of the rules which have a significant economic impact on a
substantial number of small entities, which are to be reviewed pursuant
to this section during the succeeding twelve months. The list shall
include a brief description of each rule and the need for and legal
basis of such rule and shall invite public comment upon the rule.
(Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1169.)
References in Text
The effective date of this chapter, referred to in subsec. (a), is
Jan. 1, 1981. See Effective Date note set out under section 601 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 605, 611 of this title.
