§ 57b-3. — Rulemaking process.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC57b-3]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I--FEDERAL TRADE COMMISSION
Sec. 57b-3. Rulemaking process
(a) Definitions
For purposes of this section:
(1) The term ``rule'' means any rule promulgated by the
Commission under section 46 or section 57a of this title, except
that such term does not include interpretive rules, rules involving
Commission management or personnel, general statements of policy, or
rules relating to Commission organization, procedure, or practice.
Such term does not include any amendment to a rule unless the
Commission--
(A) estimates that such amendment will have an annual effect
on the national economy of $100,000,000 or more;
(B) estimates that such amendment will cause a substantial
change in the cost or price of goods or services which are used
extensively by particular industries, which are supplied
extensively in particular geographic regions, or which are
acquired in significant quantities by the Federal Government, or
by State or local governments; or
(C) otherwise determines that such amendment will have a
significant impact upon persons subject to regulation under such
amendment and upon consumers.
(2) The term ``rulemaking'' means any Commission process for
formulating or amending a rule.
(b) Notice of proposed rulemaking; regulatory analysis; contents;
issuance
(1) In any case in which the Commission publishes notice of a
proposed rulemaking, the Commission shall issue a preliminary regulatory
analysis relating to the proposed rule involved. Each preliminary
regulatory analysis shall contain--
(A) a concise statement of the need for, and the objectives of,
the proposed rule;
(B) a description of any reasonable alternatives to the proposed
rule which may accomplish the stated objective of the rule in a
manner consistent with applicable law; and
(C) for the proposed rule, and for each of the alternatives
described in the analysis, a preliminary analysis of the projected
benefits and any adverse economic effects and any other effects, and
of the effectiveness of the proposed rule and each alternative in
meeting the stated objectives of the proposed rule.
(2) In any case in which the Commission promulgates a final rule,
the Commission shall issue a final regulatory analysis relating to the
final rule. Each final regulatory analysis shall contain--
(A) a concise statement of the need for, and the objectives of,
the final rule;
(B) a description of any alternatives to the final rule which
were considered by the Commission;
(C) an analysis of the projected benefits and any adverse
economic effects and any other effects of the final rule;
(D) an explanation of the reasons for the determination of the
Commission that the final rule will attain its objectives in a
manner consistent with applicable law and the reasons the particular
alternative was chosen; and
(E) a summary of any significant issues raised by the comments
submitted during the public comment period in response to the
preliminary regulatory analysis, and a summary of the assessment by
the Commission of such issues.
(3)(A) In order to avoid duplication or waste, the Commission is
authorized to--
(i) consider a series of closely related rules as one rule for
purposes of this subsection; and
(ii) whenever appropriate, incorporate any data or analysis
contained in a regulatory analysis issued under this subsection in
the statement of basis and purpose to accompany any rule promulgated
under section 57a(a)(1)(B) of this title, and incorporate by
reference in any preliminary or final regulatory analysis
information contained in a notice of proposed rulemaking or a
statement of basis and purpose.
(B) The Commission shall include, in each notice of proposed
rulemaking and in each publication of a final rule, a statement of the
manner in which the public may obtain copies of the preliminary and
final regulatory analyses. The Commission may charge a reasonable fee
for the copying and mailing of regulatory analyses. The regulatory
analyses shall be furnished without charge or at a reduced charge if the
Commission determines that waiver or reduction of the fee is in the
public interest because furnishing the information primarily benefits
the general public.
(4) The Commission is authorized to delay the completion of any of
the requirements established in this subsection by publishing in the
Federal Register, not later than the date of publication of the final
rule involved, a finding that the final rule is being promulgated in
response to an emergency which makes timely compliance with the
provisions of this subsection impracticable. Such publication shall
include a statement of the reasons for such finding.
(5) The requirements of this subsection shall not be construed to
alter in any manner the substantive standards applicable to any action
by the Commission, or the procedural standards otherwise applicable to
such action.
(c) Judicial review
(1) The contents and adequacy of any regulatory analysis prepared or
issued by the Commission under this section, including the adequacy of
any procedure involved in such preparation or issuance, shall not be
subject to any judicial review in any court, except that a court, upon
review of a rule pursuant to section 57a(e) of this title, may set aside
such rule if the Commission has failed entirely to prepare a regulatory
analysis.
(2) Except as specified in paragraph (1), no Commission action may
be invalidated, remanded, or otherwise affected by any court on account
of any failure to comply with the requirements of this section.
(3) The provisions of this subsection do not alter the substantive
or procedural standards otherwise applicable to judicial review of any
action by the Commission.
(d) Regulatory agenda; contents; publication dates in Federal Register
(1) The Commission shall publish at least semiannually a regulatory
agenda. Each regulatory agenda shall contain a list of rules which the
Commission intends to propose or promulgate during the 12-month period
following the publication of the agenda. On the first Monday in October
of each year, the Commission shall publish in the Federal Register a
schedule showing the dates during the current fiscal year on which the
semiannual regulatory agenda of the Commission will be published.
(2) For each rule listed in a regulatory agenda, the Commission
shall--
(A) describe the rule;
(B) state the objectives of and the legal basis for the rule;
and
(C) specify any dates established or anticipated by the
Commission for taking action, including dates for advance notice of
proposed rulemaking, notices of proposed rulemaking, and final
action by the Commission.
(3) Each regulatory agenda shall state the name, office address, and
office telephone number of the Commission officer or employee
responsible for responding to any inquiry relating to each rule listed.
(4) The Commission shall not propose or promulgate a rule which was
not listed on a regulatory agenda unless the Commission publishes with
the rule an explanation of the reasons the rule was omitted from such
agenda.
(Sept. 26, 1914, ch. 311, Sec. 22, as added Pub. L. 96-252, Sec. 15, May
28, 1980, 94 Stat. 388.)
Effective Date
Section effective May 28, 1980, see section 23 of Pub. L. 96-252,
set out as an Effective Date of 1980 Amendment note under section 45 of
this title.
