42 U.S.C. § 7174 : US Code - Section 7174: Referral of other rulemaking proceedings to Commission

Search 42 U.S.C. § 7174 : US Code - Section 7174: Referral of other rulemaking proceedings to Commission

(a) Notification of Commission of proposed action; public comment
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) Recommendations of Commission; publication
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.
The Commission shall promptly publish its recommendations, adopted
under this subsection, along with an explanation of the reason for
its actions and an analysis of the major comments, criticisms, and
alternatives offered during the comment period.
(c) Options of Secretary; final agency action
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) of this section;
(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) of this section; or
(3) ordering that the rule shall not be issued.
The action taken by the Secretary pursuant to this subsection shall
constitute a final agency action for purposes of section 704 of
title 5.