Sec. 32305. Regulatory reform
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/bill/114/hr/22/eas/section-32305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 effects of the proposed or final rule on a carrier with differing characteristics; and formulate estimates and findings on the best available science. To the extent feasible and appropriate, and consistent with law, the analysis described in paragraph
(1)shall— use data generated from a representative sample of commercial vehicle operators, motor carriers, or both, that will be covered under the proposed or final rule; and consider effects on commercial truck and bus carriers of various sizes and types. Before promulgating a proposed rule under part B of subtitle VI of title 49, United States Code, if the proposed rule is likely to lead to the promulgation of a major rule the Secretary shall— issue an advance notice of proposed rulemaking; or determine to proceed with a negotiated rulemaking. Each advance notice of proposed rulemaking issued under paragraph
(1)shall— identify the compelling public concern for a potential regulatory action, such as failures of private markets to protect or improve the safety of the public, the environment, or the well-being of the American people; identify and request public comment on the best available science or technical information on the need for regulatory action and on the potential regulatory alternatives; request public comment on the benefits and costs of potential regulatory alternatives reasonably likely to be included or analyzed as part of the notice of proposed rulemaking; and request public comment on the available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior. This subsection shall not apply when 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) an advance notice of proposed rulemaking impracticable, unnecessary, or contrary to the public interest. Nothing in this section may be construed to limit the contents of any Advance Notice of Proposed Rulemaking.