Sec. 5202. REGULATIONS

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## SEC. 5202 REGULATIONS Section 31136 of title 49, United States Code, is amended— ####

(1)by redesignating subsection

(f)as subsection

(g)and transferring such subsection to appear at the end of section 31315 of such title; and ####

(2)by adding at the end the following: > > ### “(f) Regulatory Impact Analysis > > > #### “(1) In general > > Within each regulatory impact analysis of a proposed or final major rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable— > > > ##### “(A) > > consider the effects of the proposed or final rule on different segments of the motor carrier industry; and > > > ##### “(B) > > formulate estimates and findings based on the best available science. > > > #### “(2) Scope > > To the extent feasible and appropriate, and consistent with law, an analysis described in paragraph

(1)shall— > > > ##### “(A) > > use data that is representative of commercial motor vehicle operators or motor carriers, or both, that will be impacted by the proposed or final rule; and > > > ##### “(B) > > consider the effects on commercial truck and bus carriers of various sizes and types. > > > ### “(g) Public Participation > > > #### “(1) In general > > If a proposed rule under this part is likely to lead to the promulgation of a major rule, the Secretary, before publishing such proposed rule, shall— > > > ##### “(A) > > issue an advance notice of proposed rulemaking; or > > > ##### “(B) > > proceed with a negotiated rulemaking. > > > #### “(2) Requirements > > Each advance notice of proposed rulemaking issued under paragraph

(1)shall— > > > ##### “(A) > > identify the need for a potential regulatory action; > > > ##### “(B) > > identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives; > > > ##### “(C) > > 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 > > > ##### “(D) > > request public comment on available alternatives to regulation. > > > #### “(3) Waiver > > 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. > > > ### “(h) Rule of Construction > > Nothing in subsection

(f)or

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