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Current as of January 01, 2018 | Updated by FindLaw Staff
(a) Exemption from Administrative Procedure Act
Any regulation issued under this chapter shall not be subject to sections 551 through 559 of Title 5.
(b) Opportunity for notice and comment
(1) In general
Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and opportunity for public comment shall be provided for not less than 30 days, consistent with the requirements of section 553(b) of Title 5.
(2) Waiver for temporary provisions
The requirements of paragraph (1) may be waived, if--
(A) the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;
(B) the regulation is issued on a temporary basis; and
(C) the publication of such temporary regulation is accompanied by the finding made under subparagraph (A) (and a brief statement of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regulation becomes final.
(3) Consideration of public comments
All comments received during the public comment period specified pursuant to paragraph (1) or (2) shall be considered and the publication of the final regulation shall contain written responses to such comments.
(c) Public comment on procurement regulations
Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to section 1707 of Title 41.
Cite this article: FindLaw.com - 50 U.S.C. § 4559 - U.S. Code - Unannotated Title 50. War and National Defense § 4559. Public participation in rulemaking - last updated January 01, 2018 | https://codes.findlaw.com/us/title-50-war-and-national-defense/50-usc-sect-4559.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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