49 C.F.R. Subpart A—General
Title 49 - Transportation
(a) This part prescribes general rulemaking procedures that apply to the issuance, amendment, and repeal of rules of the Office of the Secretary of Transportation. It does not apply to rules issued by the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Federal Transit Administration, Maritime Administration, National Highway Traffic Safety Administration, Research and Special Programs Administration, St. Lawrence Seaway Development Corporation, or Federal Motor Carrier Safety Administration. (b) For the purposes of this part, Secretary means the Secretary of Transportation or the Under Secretary of Transportation, or any of the following to whom the Secretary has delegated authority to conduct rulemaking proceedings: (1) Any Assistant Secretary. (2) The General Counsel. Any of these officers may redelegate that authority to the head of any office who reports to him. (c) Records relating to rulemaking proceedings are available for inspection as provided in part 7 of this subtitle. [32 FR 10363, July 14, 1967, as amended by Amdt. 5–2, 35 FR 5331, Mar. 31, 1970; Amdt. 5–3, 36 FR 430, Jan. 13, 1971; 69 FR 4457, Jan. 30, 2004] The Secretary initiates rulemaking on his own motion. However, in doing so, he may, in his discretion, consider the recommendations of other agencies of the United States and of other interested persons. Any person may participate in rulemaking proceedings by submitting written information or views. The Secretary may also allow any person to participate in additional rulemaking proceedings, such as informal appearances or hearings, held with respect to any rule. (a) Records of the Office of the Secretary of Transportation concerning rulemaking actions, including notices of proposed rule making, comments received in response to those notices, petitions for rulemaking or exemption, petitions for rehearing or reconsideration, grants and denials of exemptions, denials of petitions for rule making, and final rules are maintained in current docket form in the Office of the General Counsel. (b) Any person may examine any docketed material at that office and may obtain a copy of any docketed material upon payment of the prescribed fee.
Title 49: Transportation
PART 5—RULEMAKING PROCEDURES
Subpart A—General
§ 5.1 Applicability.
§ 5.3 Initiation of rulemaking.
§ 5.5 Participation by interested persons.
§ 5.7 Regulatory docket.
