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Part 5
FEDERAL · 49 CFR
Part 5 — Administrative Rulemaking, Guidance, and Enforcement Procedures
58 sections · Title 49: Transportation
§ 5.1
Applicability.
§ 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.
§ 5.25
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Rescinded guidance.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.
§ 5.53
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
Representation of regulated parties.
§ 5.77
Formal enforcement adjudications.
§ 5.79
Informal enforcement adjudications.
§ 5.81
The hearing record.
§ 5.83
Contacts with the public.
§ 5.85
Duty to disclose exculpatory evidence.
§ 5.87
Use of guidance documents in administrative enforcement cases.
§ 5.89
Alternative Dispute Resolution (ADR).
§ 5.91
Duty to adjudicate proceedings promptly.
§ 5.93
Termination of investigation.
§ 5.95
Initiation of additional investigations.
§ 5.97
Agency decisions.
§ 5.99
Settlements.
§ 5.101
OGC approval required for certain settlement terms.
§ 5.103
Basis for civil penalties and disclosures thereof.
§ 5.105
Publication of decisions.
§ 5.107
Coordination with the Office of Inspector General on criminal matters.
§ 5.109
Standard operating procedures.
§ 5.111
Cooperative information sharing.
§ 5.113
Small Business Regulatory Enforcement Fairness Act (SBREFA).
§ 5.115
Referral of matters for judicial enforcement.
§ 5.117
Publicly available decisional quality and efficiency metrics.
§ 5.119
Enforcement rights.