US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 604

Final regulatory flexibility analysis

(a)
section 553 of this title When an agency promulgates a final rule under , after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States as described in section 603(a), the agency shall prepare a final regulatory flexibility analysis. Each final regulatory flexibility analysis shall contain—
(1)
a statement of the need for, and objectives of, the rule;
(2)
a statement of the significant issues raised by the public comments in response to the initial regulatory flexibility analysis, a statement of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments;
(3)
the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments;
(4)
a description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available;
(5)
a description of the projected reporting, recordkeeping and other compliance requirements of the rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record;
(6)
1
1 So in original. Two pars. (6) have been enacted.
  a description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected; and
(6)
1  for a covered agency, as defined in section 609(d)(2), a description of the steps the agency has taken to minimize any additional cost of credit for small entities.
(b)
The agency shall make copies of the final regulatory flexibility analysis available to members of the public and shall publish in the Federal Register such analysis or a summary thereof.

Pub. L. 96–354, § 3(a)94 Stat. 1167Pub. L. 104–121, title II, § 241(b)110 Stat. 864Pub. L. 111–203, title X, § 1100G(c)124 Stat. 2113Pub. L. 111–240, title I, § 1601124 Stat. 2551(Added , , ; amended , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–240, § 1601(1)2010—Subsec. (a)(1). , struck out “succinct” before “statement”.

Pub. L. 111–240, § 1601(2)Subsec. (a)(2). , substituted “statement” for “summary” before “of the significant issues” and “of the assessment”.

Pub. L. 111–240, § 1601(3)Subsec. (a)(3), (4). , (4), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).

Pub. L. 111–240, § 1601(3)Subsec. (a)(5). , redesignated par. (4) as (5). Former par. (5), relating to description of steps taken to minimize the significant economic impact on small entities, redesignated (6).

Pub. L. 111–203, § 1100G(c)(1)Pub. L. 111–240, § 1601(3), which directed amendment of par. (4) by striking “and” at the end, was executed to par. (5) to reflect the probable intent of Congress and the intervening redesignation of par. (4) as (5) by . See above.

Pub. L. 111–240, § 1601(3)Subsec. (a)(6). , redesignated par. (5), relating to description of steps taken to minimize the significant economic impact on small entities, as (6).

Pub. L. 111–203, § 1100G(c)(3), added par. (6) relating to description of steps taken to minimize any additional cost of credit for small entities.

Pub. L. 111–203, § 1100G(c)(2)Pub. L. 111–240, § 1601(3), which directed amendment of par. (5) by substituting “; and” for period at end, was executed to par. (6), relating to description of steps taken to minimize the significant economic impact on small entities, to reflect the probable intent of Congress and the intervening redesignation of par. (5) as (6) by . See above.

Pub. L. 104–121, § 241(b)(1)section 553 of this title1996—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “When an agency promulgates a final rule under , after being required by that section or any other law to publish a general notice of proposed rulemaking, the agency shall prepare a final regulatory flexibility analysis. Each final regulatory flexibility analysis shall contain—

“(1) a succinct statement of the need for, and the objectives of, the rule;

“(2) a summary of the issues raised by the public comments in response to the initial regulatory flexibility analysis, a summary of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments; and

“(3) a description of each of the significant alternatives to the rule consistent with the stated objectives of applicable statutes and designed to minimize any significant economic impact of the rule on small entities which was considered by the agency, and a statement of the reasons why each one of such alternatives was rejected.”

Pub. L. 104–121, § 241(b)(2)section 553 of this titleSubsec. (b). , substituted “such analysis or a summary thereof.” for “at the time of publication of the final rule under a statement describing how the public may obtain such copies.”

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of this titleAmendment by effective on the designated transfer date, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–121section 245 of Pub. L. 104–121section 601 of this titleAmendment by effective on expiration of 90 days after , but inapplicable to interpretative rules for which a notice of proposed rulemaking was published prior to , see , set out as a note under .

Effective Date

section 4 of Pub. L. 96–354section 601 of this titleSection effective , except that the requirements of this section applicable only to rules for which a notice of proposed rulemaking was issued on or after , see , set out as a note under .