§ 2691. — General provisions relating to administrative proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2691]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
Sec. 2691. General provisions relating to administrative
proceedings
(a) Applicability
This section applies to the promulgation or revision of any
regulation issued under this subchapter.
(b) Rulemaking docket
Not later than the date of proposal of any action to which this
section applies, the Administrator shall establish a rulemaking docket
for such action (hereinafter in this subsection referred to as a
``rule''). Whenever a rule applies only within a particular State, a
second (identical) docket shall be established in the appropriate
regional office of the Environmental Protection Agency.
(c) Inspection and copying
(1) The rulemaking docket required under subsection (b) of this
section shall be open for inspection by the public at reasonable times
specified in the notice of proposed rulemaking. Any person may copy
documents contained in the docket. The Administrator shall provide
copying facilities which may be used at the expense of the person
seeking copies, but the Administrator may waive or reduce such expenses
in such instances as the public interest requires. Any person may
request copies by mail if the person pays the expenses, including
personnel costs to do the copying.
(2)(A) Promptly upon receipt by the agency, all written comments and
documentary information on the proposed rule received from any person
for inclusion in the docket during the comment period shall be placed in
the docket. The transcript of public hearings, if any, on the proposed
rule shall also be included in the docket promptly upon receipt from the
person who transcribed such hearings. All documents which become
available after the proposed rule has been published and which the
Administrator determines are of central relevance to the rulemaking
shall be placed in the docket as soon as possible after their
availability.
(B) The drafts of proposed rules submitted by the Administrator to
the Office of Management and Budget for any interagency review process
prior to proposal of any such rule, all documents accompanying such
drafts, and all written comments thereon by other agencies and all
written responses to such written comments by the Administrator shall be
placed in the docket no later than the date of proposal of the rule. The
drafts of the final rule submitted for such review process prior to
promulgation and all such written comments thereon, all documents
accompanying such drafts, and written responses thereto shall be placed
in the docket no later than the date of promulgation.
(d) Explanation
(1) The promulgated rule shall be accompanied by an explanation of
the reasons for any major changes in the promulgated rule from the
proposed rule.
(2) The promulgated rule shall also be accompanied by a response to
each of the significant comments, criticisms, and new data submitted in
written or oral presentations during the comment period.
(3) The promulgated rule may not be based (in part or whole) on any
information or data which has not been placed in the docket as of the
date of such promulgation.
(e) Judicial review
The material referred to in subsection (c)(2)(B) of this section
shall not be included in the record for judicial review.
(f) Effective date
The requirements of this section shall take effect with respect to
any rule the proposal of which occurs after 90 days after October 28,
1992.
(Pub. L. 94-469, title IV, Sec. 411, as added Pub. L. 102-550, title X,
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3922.)
