§ 4559. Public participation in rulemaking

611 words·~3 min read·/usc/title-50/section-4559

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Exemption from Administrative Procedure Act Any regulation issued under this chapter shall not be subject to sections 551 through 559 of title 5.

(b)Opportunity for notice and comment

(1)In general Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and opportunity for public comment shall be provided for not less than 30 days, consistent with the requirements of section 553(b) of title 5.

(2)Waiver for temporary provisions The requirements of paragraph

(1)may be waived, if—

(A)the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;

(B)the regulation is issued on a temporary basis; and

(C)the publication of such temporary regulation is accompanied by the finding made under subparagraph

(A)(and a brief statement of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regulation becomes final.

(3)Consideration of public comments All comments received during the public comment period specified pursuant to paragraph

(1)or

(2)shall be considered and the publication of the final regulation shall contain written responses to such comments.

(c)Public comment on procurement regulations Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to section 1707 of title 41.

(Sept. 8, 1950, ch. 932, title VII, § 709, 64 Stat. 819; Pub. L. 102–558, title I, § 136(a), Oct. 28, 1992, 106 Stat. 4216.)

Termination of Section

For termination of section, see section 4564(a) of this title.

Connections40 cite this · traces to 5

Cited by 40 sections · top 24

U.S. Code