---
kind: "section"
citation: "5 U.S.C. § 608"
title: "5"
title_heading: "Government Organization and Employees"
number: "608"
heading: "Procedure for waiver or delay of completion"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/608"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 6 — The Analysis of Regulatory Functions"
---

# §608. Procedure for waiver or delay of completion

- (a) An [agency](/usc/5/601.md?p=1) head may waive or delay the completion of some or all of the requirements of [section 603 of this title](/usc/5/603.md) by publishing in the Federal Register, not later than the date of publication of the final rule, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes compliance or timely compliance with the provisions of [section 603 of this title](/usc/5/603.md) impracticable.
- (b) Except as provided in [section 605(b)](/usc/5/605.md?p=b), an [agency](/usc/5/601.md?p=1) head may not waive the requirements of [section 604 of this title](/usc/5/604.md). An [agency](/usc/5/601.md?p=1) head may delay the completion of the requirements of [section 604 of this title](/usc/5/604.md) for a period of not more than one hundred and eighty days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes timely compliance with the provisions of [section 604 of this title](/usc/5/604.md) impracticable. If the [agency](/usc/5/601.md?p=1) has not prepared a final regulatory analysis pursuant to [section 604 of this title](/usc/5/604.md) within one hundred and eighty days from the date of publication of the final rule, such rule shall lapse and have no effect. Such rule shall not be repromulgated until a final regulatory flexibility analysis has been completed by the [agency](/usc/5/601.md?p=1).

## Source credit

(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1168.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.