Title 49, TransportationRelease 119-102
§20116 Rulemaking Process
Title 49 › SUBTITLE V — RAIL PROGRAMS › PART A — SAFETY › CHAPTER 201 — GENERAL › SUBCHAPTER I — GENERAL › § 20116
Summary
Secretary's rules cannot take effect if they rely on a code or similar standard from a nonfederal organization, unless the rule names that document's adoption date or the document already went through notice-and-comment under this part.
Full Legal Text
Title 49, §20116
Transportation, Source: USLM XML via OLRC
No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—
(1)the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
(2)the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 20116, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, § 206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, § 1121(g)(1), Dec. 21, 1995, 109 Stat. 724.
Amendments
2015—Pub. L. 114–94 substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.
Statutory Notes and Related Subsidiaries
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
49 U.S.C. § 20116
Title 49, Transportation
Last Updated
Aug 21, 2026
Release point: 119-102