Page:United States Statutes at Large Volume 104 Part 6.djvu/580

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104 STAT. 4970 PUBLIC LAW 101-648—NOV. 29, 1990 "SUBCHAPTER IV—NEGOTIATED RULEMAKING PROCEDURE "§ 581. Purpose "The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with section 553 of this title, to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law. "§ 582. Definitions "For the purposes of this subchapter, the term— "(1) 'agency' has the same meaning as in section 551(1) of this title; "(2) 'consensus' means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee— "(A) agrees to define such term to mean a general but not unanimous concurrence; or "(B) agrees upon another specified definition; "(3) 'convener' means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking; "(4) 'facilitator' means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule; "(5) 'interest' means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner; "(6) 'negotiated rulemaking' means rulemaking through the use of a negotiated rulemaking committee; "(7) 'negotiated rulemaking committee' or 'committee' means an advisory committee established by an agency in accordance with this subchapter and the Federal Advisory Committee Act to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule; "(8) 'party' has the same meaning as in section 551(3) of this title; "(9) 'person' has the same meaning as in section 551(2) of this title; "(10) 'rule' has the same meaning as in section 551(4) of this title; and "(11) 'rulemaking' means 'rule making' as that term is defined in section 551(5) of this title. "§ 583. 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—