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U.S. Code as of:
01/03/05
Section 565. Establishment of committee
(a) Establishment. -
(1) Determination to establish committee. - If after
considering comments and applications submitted under section
564, the agency determines that a negotiated rulemaking committee
can adequately represent the interests that will be significantly
affected by a proposed rule and that it is feasible and
appropriate in the particular rulemaking, the agency may
establish a negotiated rulemaking committee. In establishing and
administering such a committee, the agency shall comply with the
Federal Advisory Committee Act with respect to such committee,
except as otherwise provided in this subchapter.
(2) Determination not to establish committee. - If after
considering such comments and applications, the agency decides
not to establish a negotiated rulemaking committee, the agency
shall promptly publish notice of such decision and the reasons
therefor in the Federal Register and, as appropriate, in trade or
other specialized publications, a copy of which shall be sent to
any person who applied for, or nominated another person for
membership on the negotiating (!1) rulemaking committee to
represent such interests with respect to the proposed rule.
(b) Membership. - The agency shall limit membership on a
negotiated rulemaking committee to 25 members, unless the agency
head determines that a greater number of members is necessary for
the functioning of the committee or to achieve balanced membership.
Each committee shall include at least one person representing the
agency.
(c) Administrative Support. - The agency shall provide
appropriate administrative support to the negotiated rulemaking
committee, including technical assistance.
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