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U.S. Code as of:
01/03/05
Section 564. Publication of notice; applications for membership on committees
(a) Publication of Notice. - If, after considering the report of
a convener or conducting its own assessment, an agency decides to
establish a negotiated rulemaking committee, the agency shall
publish in the Federal Register and, as appropriate, in trade or
other specialized publications, a notice which shall include -
(1) an announcement that the agency intends to establish a
negotiated rulemaking committee to negotiate and develop a
proposed rule;
(2) a description of the subject and scope of the rule to be
developed, and the issues to be considered;
(3) a list of the interests which are likely to be
significantly affected by the rule;
(4) a list of the persons proposed to represent such interests
and the person or persons proposed to represent the agency;
(5) a proposed agenda and schedule for completing the work of
the committee, including a target date for publication by the
agency of a proposed rule for notice and comment;
(6) a description of administrative support for the committee
to be provided by the agency, including technical assistance;
(7) a solicitation for comments on the proposal to establish
the committee, and the proposed membership of the negotiated
rulemaking committee; and
(8) an explanation of how a person may apply or nominate
another person for membership on the committee, as provided under
subsection (b).
(b) Applications for Membership or (!1) Committee. - Persons who
will be significantly affected by a proposed rule and who believe
that their interests will not be adequately represented by any
person specified in a notice under subsection (a)(4) may apply for,
or nominate another person for, membership on the negotiated
rulemaking committee to represent such interests with respect to
the proposed rule. Each application or nomination shall include -
(1) the name of the applicant or nominee and a description of
the interests such person shall represent;
(2) evidence that the applicant or nominee is authorized to
represent parties related to the interests the person proposes to
represent;
(3) a written commitment that the applicant or nominee shall
actively participate in good faith in the development of the rule
under consideration; and
(4) the reasons that the persons specified in the notice under
subsection (a)(4) do not adequately represent the interests of
the person submitting the application or nomination.
(c) Period for Submission of Comments and Applications. - The
agency shall provide for a period of at least 30 calendar days for
the submission of comments and applications under this section.
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