5 U.S.C. § 563 : US Code - Section 563: Determination of need for negotiated rulemaking committee

Search 5 U.S.C. § 563 : US Code - Section 563: Determination of need for negotiated rulemaking committee

(a) Determination of Need by the Agency. - An agency may
establish a negotiated rulemaking committee to negotiate and
develop a proposed rule, if the head of the agency determines that
the use of the negotiated rulemaking procedure is in the public
interest. In making such a determination, the head of the agency
shall consider whether - 
(1) there is a need for a rule;
(2) there are a limited number of identifiable interests that
will be significantly affected by the rule;
(3) there is a reasonable likelihood that a committee can be
convened with a balanced representation of persons who - 
(A) can adequately represent the interests identified under
paragraph (2); and
(B) are willing to negotiate in good faith to reach a
consensus on the proposed rule;
(4) there is a reasonable likelihood that a committee will
reach a consensus on the proposed rule within a fixed period of
time;
(5) the negotiated rulemaking procedure will not unreasonably
delay the notice of proposed rulemaking and the issuance of the
final rule;
(6) the agency has adequate resources and is willing to commit
such resources, including technical assistance, to the committee;
and
(7) the agency, to the maximum extent possible consistent with
the legal obligations of the agency, will use the consensus of
the committee with respect to the proposed rule as the basis for
the rule proposed by the agency for notice and comment.
(b) Use of Conveners. - 
(1) Purposes of conveners. - An agency may use the services of
a convener to assist the agency in - 
(A) identifying persons who will be significantly affected by
a proposed rule, including residents of rural areas; and
(B) conducting discussions with such persons to identify the
issues of concern to such persons, and to ascertain whether the
establishment of a negotiated rulemaking committee is feasible
and appropriate in the particular rulemaking.
(2) Duties of conveners. - The convener shall report findings
and may make recommendations to the agency. Upon request of the
agency, the convener shall ascertain the names of persons who are
willing and qualified to represent interests that will be
significantly affected by the proposed rule, including residents
of rural areas. The report and any recommendations of the
convener shall be made available to the public upon request.