appropriate to the activities of the agency and which are based on such factors as location in rural or sparsely populated areas or limited revenues due to the population of such jurisdiction, and publishes definition (s) in the Federal Register; and

(6) the term "small entity" shall have the same meaning as the terms "small business," "small organization" and "small governmental jurisdiction" defined in paragraphs (3), (4) and (5) of this section.

(Added Pub. L. 96–354, Sept. 19, 1980, 94 Stat. 1165.)

§ 602. Regulatory agenda

(a) During the months of October and April of each year, each agency shall publish in the Federal Register a regulatory flexibility agenda which shall contain

(1) a brief description of the subject area of any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities;

(2) a summary of the nature of any such rule under consideration for each subject area listed in the agenda pursuant to paragraph (1), the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking, and

(3) the name and telephone number of an agency official knowledgeable concerning the items listed in paragraph (1). (b) Each regulatory flexibility agenda shall be transmitted to the Chief Counsel for Advocacy of the Small Business Administration for comment, if any.

(c) Each agency shall endeavor to provide notice of each regulatory flexibility agenda to small entities or their representatives through direct notification or publication of the agenda in publications likely to be obtained by such small entities and shall invite comments upon each subject area on the agenda.

(d) Nothing in this section precludes an agency from considering or acting on any matter not included in a regulatory flexibility agenda. or requires an agency to consider or act on any matter listed in such agenda. (Added Pub. L. 96–354, Sept. 19, 1980, 94 Stat. 1166.)

§ 603. Initial regulatory flexibility analysis

(a) Whenever an agency is required by section 553 of this title, or any other law, to publish general notice of proposed rulemaking for any proposed rule, the agency shall prepare and make available for public comment an initial regulatory flexibility analysis. Such analysis shall describe the impact of the proposed rule on small entities. The initial regulatory flexibility analysis or a summary shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule. The agency shall transmit a copy of the initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration.

(b) Each initial regulatory flexibility analysis required under this section shall contain

(1) a description of the reasons why action by the agency is being considered;

(2) a succinct statement of the objectives of, and legal basis fo the proposed rule;

(3) a description of and, where feasible, an estimate of the num ber of small entities to which the proposed rule will apply;

(4) a description of the projected reporting, recordkeeping an other compliance requirements of the proposed rule, including estimate of the classes of small entities which will be subject: the requirement and the type of professional skills necessary f preparation of the report or record;

(5) an identification, to the extent practicable, of all releva Federal rules which may duplicate, overlap or conflict with t proposed rule.

(c) Each initial regulatory flexibility analysis shall also contai description of any significant alternatives to the proposed rule wh accomplish the stated objectives of applicable statutes and which mi mize any significant economic impact of the proposed rule on smi entities. Consistent with the stated objectives of applicable statute the analysis shall discuss significant alternatives such as

(1) the establishment of differing compliance or reporting quirements or timetables that take into account the resoure available to small entities;

(2) the clarification, consolidation, or simplification of comp ance and reporting requirements under the rule for such smalle tities;

(3) the use of performance rather than design standards; ar (4) an exemption from coverage of the rule, or any part there for such small entities.

(Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1166.)

§ 604. Final regulatory flexibility analysis

(a) When an agency promulgates a final rule under section 553 this title, after being required by that section or any other law: publish a general notice of proposed rulemaking, the agency shi prepare a final regulatory flexibility analysis. Each final regulator flexibility analysis shall contain—

(1) a succinct statement of the need for, and the objectives c the rule;

(2) a summary of the issues raised by the public comments response to the initial regulatory flexibility analysis, a summar of the assessment of the agency of such issues, and a statement « any changes made in the proposed rule as a result of such coL ments; and

(3) a description of each of the significant alternatives to th rule consistent with the stated objectives of applicable statute and designed to minimize any significant economic impact of th rule on small entities which was considered by the agency, and: statement of the reasons why each one of such alternatives w rejected.

(b) The agency shall make copies of the final regulatory flexibilit analysis available to members of the public and shall publish in the Federal Register at the time of publication of the final rule unde section 553 of this title a statement describing how the public may

btain such copies. (Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 167.)

605. Avoidance of duplicative or unnecessary analyses

(a) Any Federal agency may perform the analyses required by secons 602, 603, and 604 of this title in conjunction with or as a part of ny other agenda or analysis required by any other law if such other nalysis satisfies the provisions of such sections.

(b) Sections 603 and 604 of this title shall not apply to any proosed or final rule if the head of the agency certifies that the rule ill not, if promulgated, have a significant economic impact on a ubstantial number of small entities. If the head of the agency makes certification under the preceding sentence, the agency shall publish uch certification in the Federal Register, at the time of publication f general notice of proposed rulemaking for the rule or at the time of ublication of the final rule, along with a succinct statement explainng the reasons for such certification, and provide such certification nd statement to the Chief Counsel for Advocacy of the Small Business Administration.

(c) In order to avoid duplicative action, an agency may consider a eries of closely related rules as one rule for the purposes of sections 02, 603, 604 and 610 of this title. (Added Pub. L. 96-354, Sept. 19, 980, 94 Stat. 1167.)

606. Effect on other law

The requirements of sections 603 and 604 of this title do not alter n any manner standards otherwise applicable by law to agency ction. (Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1168.)

607. Preparation of analyses

In complying with the provisions of sections 603 and 604 of this itle, an agency may provide either a quantifiable or numerical description of the effects of a proposed rule or alternatives to the proposed rule, or more general descriptive statements if quantification s not practicable or reliable. (Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1168.)

3608. Procedure for waiver or delay of completion

(a) An agency head may waive or delay the completion of some or all of the requirements of section 603 of this title by publishing in the Federal Register, not later than the date of publication of the final rule, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes compliance or timely compliance with the provisions of section 603 of this title impracticable.

(b) Except as provided in section 605 (b), an agency head may not waive the requirements of section 604 of this title. An agency head may delay the completion of the requirements of section 604 of this title for a period of not more than one hundred and eighty days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written finding, with reasons there for, that the final rule is being promulgated in response to an emergency that makes

timely compliance with the provisions of section 604 of this t impracticable. If the agency has not prepared a final regulate analysis pursuant to section 604 of this title within one hundred eighty days from the date of publication of the final rule, such r shall lapse and have no effect. Such rule shall not be repromulg until a final regulatory flexibility analysis has been completed by: agency. (Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1168.) § 609. Procedures for gathering comments

When any rule is promulgated which will have a signif economic impact on a substantial number of small entities, the b of the agency promulgating the rule or the official of the agency statutory responsibility for the promulgation of the rule shall ass that small entities have been given an opportunity to participate : the rulemaking for the rule through techniques such as

(1) the inclusion in an advanced notice of proposed rulem ing, if issued, of a statement that the proposed rule may have significant economic effect on a substantial number of St entities;

(2) the publication of general notice of proposed rulemak in publications likely to be obtained by small entities;

(3) the direct notification of interested small entities; (4) the conduct of open conferences or public hearings o cerning the rule for small entities; and

(5) the adoption or modification of agency procedural rules: reduce the cost or complexity of participation in the rulemak by small entities.

(Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1168.)

§ 610. Periodic review of rules

(a) Within one hundred and eighty days after the effective date this chapter, each agency shall publish in the Federal Register a pl for the periodic review of the rules issued by the agency which ha or will have a significant economic impact upon a substantial numbe of small entities. Such plan may be amended by the agency at a time by publishing the revision in the Federal Register. The purp of the review shall be to determine whether such rules should continued without change, or should be amended or rescinde consistent with the stated objectives of applicable statutes, to mi mize any significant economic impact of the rules upon a substanti number of such small entities. The plan shall provide for the revie of all such agency rules existing on the effective date of this chapt within ten years of that date and for the review of such rules adopte after the effective date of this chapter within ten years of th publication of such rules as the final rule. If the head of the agen determines that completion of the review of existing rules is n feasible by the established date, he shall so certify in a stateme published in the Federal Register and may extend the completi date by one year at a time for a total of not more than five year

(b) In reviewing rules to minimize any significant econom impact of the rule on a substantial number of small entities in 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 st of the rules which have a significant economic impact on a bstantial number of small entities, which are to be reviewed irsuant to this section during the succeeding twelve months. The st shall include a brief description of each rule and the need for and gal basis of such rule and shall invite public comment upon the ile. (Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1168.)

611. Judicial review

(a) Except as otherwise provided in subsection (b), any determinaon by an agency concerning the applicability of any of the provions of this chapter to any action of the agency shall not be subject to idicial review.

(b) Any regulatory flexibility analysis prepared under sections 603 nd 604 of this title and the compliance or noncompliance of the gency with the provisions of this chapter shall not be subject to udicial review. When an action for judicial review of a rule is inituted, any regulatory flexibility analysis for such rule shall contitute part of the whole record of agency action in connection with he review.

(c) Nothing in this section bars judicial review of any other impact tatement or similar analysis required by any other law if judicial eview of such statement or analysis is otherwise provided by law. Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1169.)

612. Reports and intervention rights

(a) The Chief Counsel for Advocacy of the Small Business Adminstration shall monitor agency compliance with this chapter and shall eport at least annually thereon to the President and to the Commitees on the Judiciary of the Senate and House of Representatives, the Select Committee on Small Business of the Senate, and the Commitee on Small Business of the House of Representatives.

(b) The Chief Counsel for Advocacy of the Small Business Administration is authorized to appear as amicus curiae in any action brought in a court of the United States to review a rule. In any such action, the Chief Counsel is authorized to present his views with respect to the effect of the rule on small entities.

(c) A court of the United States shall grant the application of the Chief Counsel for Advocacy of the Small Business Administration to appear in any such action for the purposes described in subsection (b). (Added Pub. L. 96-354, Sept. 9, 1980, 94 Stat. 1170.)