§7174 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Except as provided in section 7173, when the Secretary plans broad rules for functions moved under sections 7151 or 60501, the Secretary must notify the Commission. If the Commission, within the time set by the Secretary, finds the proposal could significantly affect functions under sections 7172(a)(1) or (c)(1) or section 60502, the Secretary must refer it to the Commission, which will allow public comment. After comment and consultation, the Commission will either agree, agree only with changes, or recommend against the rule. After the Commission’s recommendation, the Secretary may issue the original rule, issue a final rule changed to match the Commission’s changes, or decide not to issue the rule.

Title 42, §7174

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

(c)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);

(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); or

(3)ordering that the rule shall not be issued.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 60501 of title 49” substituted for reference to section 306 of this Act, meaning section 306 of Pub. 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) of Pub. 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.

§7174 Referral of other rulemaking proceedings to Commission

Summary

Title 42, §7174

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata