RULEMAKING.

SEC. 318. RULEMAKING. (a) In General.—Section 12 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following: “(i) Rulemaking Procedures.— “(1) Procedures.—The Secretary shall prepare an agenda listing all areas in which the Secretary intends to propose rules governing activities under this Act within the following 12-month period. The Secretary shall publish the proposed agenda in the Federal Register as part of the Secretary’s semi-annual rulemaking agenda which lists rulemaking activities of the Urban Mass Transportation Administration. The Secretary shall also transmit the agenda required by the first sentence of 101 STAT. 234this paragraph to the Committee on Public Works and Transportation and the Committee on Appropriations of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate on the day that the Secretary’s semi-annual rulemaking agenda is published in the Federal Register. “(2) Views.—Except for emergency rules, the Secretary shall give interested parties not less than 60 days to participate in any rulemaking under this Act through submission of written data views, or arguments with or without the opportunity for oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary due to the routine nature or matter of insignificant impact of the rule, or that an emergency rule should be promulgated. The Secretary may extend the 60-day period if the Secretary determines that such period is insufficient to permit diligent persons to prepare comments or that other circumstances justify an extension of such period. An emergency rule shall terminate 120 days after the date on which it is promulgated.”. (b) Definitions.—Section 12(c) of such Act is amended— (1) by striking out “and” at the end of paragraph (10); (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following: “(12) the term ‘rule’ means the whole or part of the Secretary’s statement of general or particular applicability designed to implement, interpret, or prescribe law or policy in carrying out provisions of this Act; and “(13) the term ‘emergency rule’ means a rule which is temporarily effective prior to the expiration of the otherwise specified periods of time for public notice and comment under this section and which was promulgated by the Secretary pursuant to a finding that a delay in the effective date thereof would (A) seriously injure an important public interest, (B) substantially frustrate legislative policy and intent, or (C) seriously damage a person or class of persons without serving any important public interest.”.