Sec. 602. Rules covered
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/bill/113/hr/4304/ih/section-602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this title, a covered rule is a rule that— is determined by the Administrator to be a significant rule under subsection (b); or is any other rule designated by the agency which has jurisdiction over such rule or the Administrator under this title for sunset review. For purposes of this title, a significant rule is a rule that the Administrator determines— has resulted in or is likely to result in an annual effect on the economy of $100,000,000 or more; is a major rule; or was issued pursuant to a significant regulatory action, as that term is defined in Executive Order 12866 (as in effect on the first date that Executive order was in effect).
Any person adversely affected by a rule that is not a significant rule may submit a petition to the agency which has jurisdiction over the rule requesting that such agency designate the rule for sunset review. Such agency shall designate the rule for sunset review unless such agency determines that it would not be in the public interest to conduct a sunset review of the rule. In making such determination, such agency shall take into account the number and nature of other petitions received on the same rule and whether or not such petitions have been denied.
A petition under paragraph (1)— shall be in writing, but is not otherwise required to be in any particular form; and shall identify the rule for which sunset review is requested with reasonable specificity and state on its face that the petitioner seeks sunset review of the rule. If an agency determines that a petition does not meet the requirements of this subsection, the agency shall provide a response to the petitioner within 30 days after receiving the petition, notifying the petitioner of the problem and providing information on how to formulate a petition that meets those requirements.
Within the 90-day period beginning on the date of receiving a petition that meets the requirements of this subsection, the agency shall transmit a response to the petitioner stating whether the petition was granted or denied, except that the agency may extend such period by a total of not more than 30 days. A petition for sunset review of a rule is deemed to have been granted by an agency, and such agency is deemed to have designated the rule for sunset review, if a court finds there is a substantial and inexcusable delay, beyond the period specified in paragraph (4), in notifying the petitioner of the agency’s determination to grant or deny the petition.
Each agency shall maintain a public log of petitions submitted under this subsection, that includes the status or disposition of each petition. An appropriate committee of the Congress, or a majority of the majority party members or a majority of nonmajority party members of such committee, may request in writing that the Administrator designate any rule that is not a significant rule for sunset review. The Administrator shall designate such rule for sunset review within 30 days after receipt of such request unless the Administrator determines that it would not be in the public interest to conduct a sunset review of such rule.
If the Administrator denies a congressional request under this subsection, the Administrator shall transmit to the congressional committee making the request a notice stating the reasons for the denial. After designating a rule under subsection
(c)or
(d)for sunset review, the agency or the Administrator shall promptly publish a notice of that designation in the Federal Register.
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Sec. 602
Rules covered
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