(a) Notification of Commission of proposed action; public comment
Except as provided in section
7173 of this title, whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under section
7151 of this title or section
60501 of title
49, he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section
7172(a)(1) and (c)(1) of this title and section
60502 of title
49, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.
(b) Recommendations of Commission; publication
Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—
(1)concur in adoption of the rule or statement as proposed by the Secretary;
(2)concur in adoption of the rule or statement only with such changes as it may recommend; or
(3)recommend that the rule or statement not be adopted.
The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period.
(c) Options of Secretary; final agency action
Following publication of the Commission’s recommendations the Secretary shall have the option of—
(1)issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1) of this section;
(2)issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or statement pursuant to subsection (b)(2) of this section; or
(3)ordering that the rule shall not be issued.
The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section
704 of title
5.
In subsec. (a), “section
60501 of title
49” substituted for reference to section 306 of this Act, meaning section 306 ofPub. L. 95–91[42 U.S.C. 7155], and “section
60502 of title
49” substituted for reference to section
402(b), meaning section 402(b) ofPub. L. 95–91[42 U.S.C. 7172(b)] on authority of Pub. L. 103–272, § 6(b),July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
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42 USC
Description of Change
Session Year
Public Law
Statutes at Large
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