PUBLIC LAW 101-648—NOV. 29, 1990 104 STAT. 4971 "(1) there is a need for a rule; "(2) there are a limited number of identifiable interests that will be significantly afiected 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 find- Reports, ings 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. "§ 584. Publication of notice; applications for membership on committees "(a) PUBLICATION OF NOTICE. —I f, after considering the report of a Federal convener or conducting its own assessment, an agency decides to Register, establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include— "(1) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule; "(2) a description of the subject and scope of the rule to be developed, and the issues to be considered; "(3) a list of the interests which are likely to be significantly affected by the rule; "(4) a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency; publication.
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