---
kind: "section"
citation: "49 U.S.C. § 20116"
title: "49"
title_heading: "Transportation"
number: "20116"
heading: "Rulemaking process"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20116"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter I — General"
---

# §20116. Rulemaking process


No rule or order issued by the [Secretary](/usc/49/22401.md?p=14) 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.

## Source credit

(Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859; amended Pub. L. 114–94, div. A, title XI, § 11316(c), Dec. 4, 2015, 129 Stat. 1676.)

## Notes

### 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 Amendment

Amendment 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.