---
kind: "section"
citation: "49 C.F.R. § 389.13"
title: "49"
number: "389.13"
heading: "Initiation of rulemaking."
url: "https://uscodex.org/cfr/49/389.13"
---

# §389.13. Initiation of rulemaking.

- (a) The Administrator may recommend the initiation of a rulemaking to the Office of the Secretary on his/her own motion. However, in so doing, he/she may, in his/her discretion, consider the recommendations of his/her staff or other agencies of the United States or of other interested persons.
- (b) If a proposed rule regarding commercial motor vehicle safety is likely to lead to the promulgation of a major rule, the Administrator, before publishing such proposed rule, shall—
  - (1) **Issue an advance notice of proposed rulemaking that—**
    - (i) Identifies the need for a potential regulatory action;
    - (ii) Identifies and requests public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives;
    - (iii) Requests public comment on the available data, benefits, and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and
    - (iv) Requests public comment on available alternatives to regulation; or
  - (2) **Proceed with a negotiated rulemaking.**
- (c) [Paragraph (b)](#b) of this section does not apply to a proposed rule if the Administrator, 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.

## Notes

### Amendments

[85 FR 86848, Dec. 31, 2020, as amended at 86 FR 17296, Apr. 2, 2021; 89 FR 90622, Nov. 18, 2024]

### Authority

Authority: 49 U.S.C. 113, 501 et seq. , subchapters I and III of chapter 311, chapter 313, and 31502; sec. 5204 of Pub. L. 114-94, 129 Stat. 1312, 1536; 42 U.S.C. 4917; and 49 CFR 1.87

### Source

Source: 35 FR 9209, June 12, 1970, unless otherwise noted.

### Amendments

[85 FR 86848, Dec. 31, 2020, as amended at 86 FR 17296, Apr. 2, 2021; 89 FR 90622, Nov. 18, 2024]