Page:United States Statutes at Large Volume 104 Part 6.djvu/582

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104 STAT. 4972 PUBLIC LAW 101-648—NOV. 29, 1990 "(5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment; "(6) a description of administrative support for the committee to be provided by the agency, including technical assistance; "(1) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and "(8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b). "(b) APPLICATIONS FOR MEMBERSHIP OR COMMITTEE.— Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include— "(1) the name of the applicant or nominee and a description of the interests such person shall represent; "(2) evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent; "(3) a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and "(4) the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination. "(c) PERIOD FOR SUBMISSION OF COMMENTS AND APPLICATIONS, — The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section. "§ 585. Establishment of committee "(a) ESTABLISHMENT. — V "(1) DETERMINATION TO ESTABLISH COMMITTEE.— If after considering comments and applications submitted under section 584, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with the Federal Advisory Committee Act with respect to such committee, except as otherwise provided in this subchapter. Federal "(2) DETERMINATION NOT TO ESTABLISH COMMITTEE. — If after m?hif(^«nn considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating rulemaking committee to represent such interests with respect to the proposed rule. "(b) MEMBERSHIP. —The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head publication.