§ 389.13 Initiation of rulemaking.

Link(a) toRulemakings anare amendmentinitiated publishedin ataccordance 85with FRthe 86848,procedures Dec.found 31,in 202049 CFR 5.
Link11. toThe anAdministrator extensionmay ofrecommend the aboveinitiation amendmentof publisheda atrulemaking 86to FRthe 11891,Office Mar.of 1,the 2021.
TheSecretary Administrator initiates rule making on his/her own motion. However, in so doing, he/she may, in his/her discretion, consider the recommendations of his/her staff or other agencies of the United States or of other interested persons.
[35(b) FRIf 9209a proposed rule regarding commercial motor vehicle safety is likely to lead to the promulgation of a major rule, Junethe 12Administrator, 1970before publishing such proposed rule, shall -
(1) Issue an advance notice of proposed rulemaking that:
(i) Identifies the need for a potential regulatory action;
(ii) Identifies and requests public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives;
(iii) Requests public comment on the available data, benefits, and costs with respect to regulatory alternatives reasonably likely to be considered as amendedpart atof 53the rulemaking; and
(iv) Requests public comment on available alternatives to regulation; or
(2) Proceed with a negotiated rulemaking.
(c) Paragraph (b) of this section does not apply to a proposed rule if the Administrator, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) that an advance notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest. A proposed rule subject to paragraph (b) of this section should also be evaluated to determine the applicability of 49 CFR 5.17.
[85 FR 203686848, JanDec. 2631, 19882020]