Sec. 5202. Regulations

526 words·~2 min read·/bill/114/hr/22/eah/section-5202

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Section 31136 of title 49, United States Code, is amended— by redesignating subsection

(f)as subsection

(g)and transferring such subsection to appear at the end of section 31315 of such title; and by adding at the end the following: Within each regulatory impact analysis of a proposed or final rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable— consider the effects of the proposed or final rule on different segments of the motor carrier industry; formulate estimates and findings based on the best available science; and utilize available data specific to the different types of motor carriers, including small and large carriers, and drivers that will be impacted by the proposed or final rule. If a proposed rule promulgated under this part is likely to lead to the promulgation of a major rule, the Secretary, before promulgating such proposed rule, shall— issue an advance notice of proposed rulemaking; or proceed with a negotiated rulemaking. Each advance notice of proposed rulemaking issued under paragraph

(1)shall— identify the need for a potential regulatory action; identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives; request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and request public comment on available alternatives to regulation. This subsection does not apply to a proposed rule if the Secretary, 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. Once every 5 years, the Secretary shall conduct a review of regulations issued under this part. At the beginning of each 5-year review period, the Secretary shall publish a schedule that sets forth the plan for completing the review under paragraph

(1)within 5 years. During each review period, the Secretary shall address any changes to the schedule published under paragraph

(2)and notify the public of such changes. In conducting a review under paragraph (1), the Secretary shall consider petitions for regulatory action under this part received by the Administrator of the Federal Motor Carrier Safety Administration. At the conclusion of each review under paragraph (1), the Secretary shall publish on a publicly accessible Internet Web site of the Department of Transportation an assessment that includes— an inventory of the regulations issued during the 5-year period ending on the date on which the assessment is published; a determination of whether the regulations are— consistent and clear; current with the operational realities of the motor carrier industry; and uniformly enforced; and an assessment of whether the regulations continue to be necessary. Not later than 2 years after the completion of each review under this subsection, the Secretary shall initiate a rulemaking to amend regulations as necessary to address the determinations made under paragraph (5)(B) and the results of the assessment under paragraph (5)(C). Nothing in subsection

(f)or

(g)may be construed to limit the contents of an advance notice of proposed rulemaking. .