49 CFR § 389.13 - Initiation of rulemaking.

---
identifier: "/us/cfr/t49/s389.13"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 389.13 - Initiation of rulemaking."
title_number: 49
title_name: "Transportation"
section_number: "389.13"
section_name: "Initiation of rulemaking."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "389"
part_name: "RULEMAKING PROCEDURES—FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 113, 501 , 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"
regulatory_source: "35 FR 9209, June 12, 1970, unless otherwise noted."
cfr_part: "389"
---


# 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) 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.

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