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e-CFR data is current as of July 1, 2020

Title 49Subtitle APart 5


TITLE 49—Transportation

Subtitle A—OFFICE OF THE SECRETARY OF TRANSPORTATION

PART 5— ADMINISTRATIVE RULEMAKING, GUIDANCE, AND ENFORCEMENT PROCEDURES

rule

Subpart A—GENERAL

§5.1
Applicability.
rule

Subpart B—RULEMAKING PROCEDURES

§5.3
General.
§5.5
Regulatory policies.
§5.7
Responsibilities.
§5.9
Regulatory Reform Task Force.
§5.11
Initiating a rulemaking.
§5.13
General rulemaking procedures.
§5.15
Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda).
§5.17
Special procedures for economically significant and high-impact rulemakings.
§5.19
Public contacts in informal rulemaking.
§5.21
Policy updates and revisions.
§5.23
Disclaimer.
rule

Subpart C—GUIDANCE PROCEDURES

§5.25
General.
§5.27
Review and clearance by Chief Counsels and the Office of the General Counsel.
§5.29
Requirements for clearance.
§5.31
Public access to effective guidance documents.
§5.33
Good faith cost estimates.
§5.35
Approved procedures for guidance documents identified as “significant” or “otherwise of importance to the Department's interests.”
§5.37
Definitions of “significant guidance document” and guidance documents that are “otherwise of importance to the Department's interests.”
§5.39
Designation procedures.
§5.41
Notice-and-comment procedures.
§5.43
Petitions for guidance.
§5.45
Rescinded guidance.
§5.47
Exigent circumstances.
§5.49
Reports to Congress and GAO.
§5.51
No judicial review or enforceable rights.
rule

Subpart D—ENFORCEMENT PROCEDURES

§5.53
General.
§5.55
Enforcement attorney responsibilities.
§5.57
Definitions.
§5.59
Enforcement policy generally.
§5.61
Investigative functions.
§5.63
Clear legal foundation.
§5.65
Proper exercise of prosecutorial and enforcement discretion.
§5.67
Duty to review for legal sufficiency.
§5.69
Fair notice.
§5.71
Separation of functions.
§5.73
Avoiding bias.
§5.75
Formal enforcement adjudications.
§5.77
Informal enforcement adjudications.
§5.79
The hearing record.
§5.81
Contacts with the public.
§5.83
Duty to disclose exculpatory evidence.
§5.85
Use of guidance documents in administrative enforcement cases.
§5.87
Alternative Dispute Resolution (ADR).
§5.89
Duty to adjudicate proceedings promptly.
§5.91
Agency decisions.
§5.93
Settlements.
§5.95
OGC approval required for certain settlement terms.
§5.97
Basis for civil penalties and disclosures thereof.
§5.99
Publication of decisions.
§5.101
Coordination with the Office of Inspector General on criminal matters.
§5.103
Standard operating procedures.
§5.105
Cooperative Information Sharing.
§5.107
Small Business Regulatory Enforcement Fairness Act Compliance (SBREFA).
§5.109
Referral of matters for judicial enforcement.
§5.111
No third-party rights or benefits.

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