42 USC 2992b-1 - Additional requirements applicable to rulemaking

U.S Code last checked for updates: Nov 23, 2024

§ 2992b–1.

Additional requirements applicable to rulemaking

(a)

In general

(b)

Interpretative rule or general statement of policy; waiver of notice and public procedure regarding any other rule

(1)

Subparagraph (A) of the last sentence of section 553(b) of title 5 shall not apply with respect to any interpretative rule or general statement of policy—

(A)

proposed under this subchapter; or

(B)

applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter.

(2)

Subparagraph (B) of the last sentence of section 553(b) of title 5, shall not apply with respect to any rule (other than an interpretative rule or a general statement of policy)—

(A)

proposed under this subchapter; or

(B)

applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter.

(3)

The first 2 sentences of section 553(b) of title 5 shall apply with respect to any rule (other than an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice) that is—

(A)

proposed under this subchapter; or

(B)

applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter;

unless the Secretary for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in such rule) that notice and public procedure thereon are contrary to the public interest or would impair the effective administration of any program, project, or activity with respect to which such rule is issued.

(c)

Effective date of rule or general statement of policy

Notwithstanding section 553(d) of title 5, no rule (including an interpretative rule) or general statement of policy that—

(1)

is issued to carry out this subchapter; or

(2)

applies exclusively to any program, project, or activity authorized by, or carried out under, this subchapter;

may take effect until 30 days after the publication required under the first 2 sentences of section 553(b) of title 5.

(d)

Statutory citation required

(e)

Rule or general statement of policy necessary as result of legislation; time for issuance

(f)

Copy of rule or general statement of policy to Congressional leaders

(Pub. L. 88–452, title VIII, § 814, as added Pub. L. 100–175, title V, § 503(a), Nov. 29, 1987, 101 Stat. 974.)

cite as: 42 USC 2992b-1