Negotiated Rulemaking Advisory Committee

A negotiated rulemaking advisory committee is a type of discretionary federal advisory committee established under the authority of the Negotiated Rulemaking Act and FACA. In a negotiated rulemaking proceeding, a balanced group of stakeholders representing the regulated public, communities, public interest groups, and state and local governments, and representatives of the federal agency negotiate the text, outline, or concept of a rule before it is promulgated. If the committee reaches consensus on the rule, it transmits a committee report containing the recommended text of the rule to the federal agency for consideration for its proposed rule. The proposed rule is still subject to general rulemaking requirements, including public notice and comment. If consensus is not reached the committee report should outline the areas where consensus was reached, as well as any other information, recommendations or materials the committee considers appropriate.

Negotiated rulemaking advisory committees are subject to the requirements of the Negotiated Rulemaking Act as well as FACA. For information on using negotiated rulemaking, see the "Negotiated Rulemaking Sourcebook" published by the Administrative Conference of the United States, 1995. For a fact sheet on the source book, visit the web: www.epa.gov/ogcadr01/factsheetregneg.pdf (2 pp, 32 K, About PDF)

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Negotiated Rulemaking Advisory Committee

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