49 CFR §389.13

1. (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.
2. (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. (1)Issue an advance notice of proposed rulemaking that:
      1. (i)Identifies the need for a potential regulatory action;
      2. (ii)Identifies and requests public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives;
      3. (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
      4. (iv)Requests public comment on available alternatives to regulation; or
   2. (2)Proceed with a negotiated rulemaking.
3. (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.