Sec. 210. Requiring more detailed small entity analyses
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Section 603 of title 5, United States Code, as amended by section 1100G(b) of Public Law 111–203 (124 Stat. 2112), is amended— by striking subsection
(b)and inserting the following: Each initial regulatory flexibility analysis required under this section shall contain a detailed statement— describing the reasons why action by the agency is being considered; describing the objectives of, and legal basis for, the proposed rule; estimating the number and type of small entities to which the proposed rule will apply; describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record; describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided; and estimating the additional cumulative economic impact of the proposed rule on small entities, including job loss by small entities, beyond that already imposed on the class of small entities by the agency, or the reasons why such an estimate is not available. ; and by adding at the end the following: An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities— when the agency submits a draft rule to the Office of Information and Regulatory Affairs of the Office of Management and Budget under Executive Order 12866, if that order requires the submission; or if no submission to the Office of Information and Regulatory Affairs is required— a reasonable period before publication of the rule by the agency; and in any event, not later than 3 months before the date on which the agency publishes the rule. . Section 604(a) of title 5, United States Code, is amended— by inserting detailed before description each place it appears; in paragraph (2)— by inserting detailed before statement each place it appears; and by inserting (or certification of the proposed rule under section 605(b)) after initial regulatory flexibility analysis ; in paragraph (4), by striking an explanation and inserting a detailed explanation ; and in paragraph
(6)(relating to a description of steps taken to minimize significant economic impact), as added by section 1601 of the Small Business Jobs Act of 2010 ( Public Law 111–240 ; 124 Stat. 2251), by inserting detailed before statement . Section 604(b) of title 5, United States Code, is amended to read as follows: The agency shall— make copies of the final regulatory flexibility analysis available to the public, including by publishing the entire final regulatory flexibility analysis on the Web site of the agency; and publish in the Federal Register the final regulatory flexibility analysis, or a summary of the analysis that includes the telephone number, mailing address, and address of the Web site where the complete final regulatory flexibility analysis may be obtained. . Section 605(a) of title 5, United States Code, is amended to read as follows: A Federal agency shall be deemed to have satisfied a requirement regarding the content of a regulatory flexibility agenda or regulatory flexibility analysis under section 602, 603, or 604, if the Federal agency provides in the agenda or regulatory flexibility analysis a cross-reference to the specific portion of an agenda or analysis that is required by another law and that satisfies the requirement under section 602, 603, or 604. . Section 605(b) of title 5, United States Code, is amended, in the second sentence, by striking statement providing the factual and inserting detailed statement providing the factual and legal . Section 607 of title 5, United States Code, is amended to read as follows: In complying with sections 603 and 604, an agency shall provide— a quantifiable or numerical description of the effects of the proposed or final rule, including an estimate of the potential for job loss, and alternatives to the proposed or final rule; or a more general descriptive statement regarding the potential for job loss and a detailed statement explaining why quantification under paragraph
(1)is not practicable or reliable. .
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- Pub. L. 111-203
- 124 Stat. 2112
- Pub. L. 111-240
- 124 Stat. 2251
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Sec. 210
Requiring more detailed small entity analyses
Pub. L.Pub. L. 111-203
Stat.124 Stat. 2112
Pub. L.Pub. L. 111-240
Stat.124 Stat. 2251
Cites 5Cited by 0 across 0 sources