§ 389.13 Initiation of rulemaking.

Link(a) toThe anAdministrator amendmentmay publishedrecommend atthe 85initiation FRof 86848,a Dec.rulemaking 31,to 2020.
Thethe AdministratorOffice initiatesof rulethe makingSecretary 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.
(b) If a proposed rule regarding commercial motor vehicle safety is likely to lead to the promulgation of a major rule, the Administrator, before 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 part of the 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.
[3585 FR 920986848, JuneDec. 1231, 19702020, as amended at 5386 FR 203617296, JanApr. 262, 19882021; 89 FR 90622, Nov. 18, 2024]