---
kind: "section"
citation: "5 U.S.C. § 564"
title: "5"
title_heading: "Government Organization and Employees"
number: "564"
heading: "Publication of notice; applications for membership on committees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/564"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter III — Negotiated Rulemaking Procedure"
---

# §564. Publication of notice; applications for membership on committees

- (a) **Publication of Notice.—** If, after considering the report of a [convener](/usc/5/562.md?p=3) or conducting its own assessment, an [agency](/usc/5/551.md?p=1) decides to establish a [negotiated rulemaking](/usc/5/562.md?p=6) committee, the [agency](/usc/5/551.md?p=1) 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](/usc/5/551.md?p=1) intends to establish a [negotiated rulemaking](/usc/5/562.md?p=6) 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](/usc/5/562.md?p=5) which are likely to be significantly affected by the rule;
  - (4) a list of the [persons](/usc/5/551.md?p=2) proposed to represent such [interests](/usc/5/562.md?p=5) and the [person](/usc/5/551.md?p=2) or [persons](/usc/5/551.md?p=2) proposed to represent the [agency](/usc/5/551.md?p=1);
  - (5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the [agency](/usc/5/551.md?p=1) of a proposed rule for notice and comment;
  - (6) a description of administrative support for the committee to be provided by the [agency](/usc/5/551.md?p=1), including technical assistance;
  - (7) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the [negotiated rulemaking](/usc/5/562.md?p=6) committee; and
  - (8) an explanation of how a [person](/usc/5/551.md?p=2) may apply or nominate another [person](/usc/5/551.md?p=2) for membership on the committee, as provided under [subsection (b)](#b).
- (b) **Applications for Membership or 1 Committee.—** [Persons](/usc/5/551.md?p=2) who will be significantly affected by a proposed rule and who believe that their [interests](/usc/5/562.md?p=5) will not be adequately represented by any [person](/usc/5/551.md?p=2) specified in a notice under [subsection (a)(4)](#a-4) may apply for, or nominate another [person](/usc/5/551.md?p=2) for, membership on the [negotiated rulemaking](/usc/5/562.md?p=6) committee to represent such [interests](/usc/5/562.md?p=5) 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](/usc/5/562.md?p=5) such [person](/usc/5/551.md?p=2) shall represent;
  - (2) evidence that the applicant or nominee is authorized to represent [parties](/usc/5/551.md?p=3) related to the [interests](/usc/5/562.md?p=5) the [person](/usc/5/551.md?p=2) 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](/usc/5/551.md?p=2) specified in the notice under [subsection (a)(4)](#a-4) do not adequately represent the [interests](/usc/5/562.md?p=5) of the [person](/usc/5/551.md?p=2) submitting the application or nomination.
- (c) **Period for Submission of Comments and Applications.—** The [agency](/usc/5/551.md?p=1) shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.

## Footnotes

[^1]: So in original. Probably should be “on”.

## Source credit

(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4971, § 584; renumbered § 564, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)

## Notes

### Editorial Notes

### Amendments

1992—Pub. L. 102–354 renumbered section 584 of this title as this section.