REGULATIONS.

SEC. 5202. REGULATIONS. Section 31136 of title 49, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g) and transferring such subsection to appear at the end of section 31315 of such title; and (2) by adding at the end the following: “(f) Regulatory Impact Analysis.— “(1) In general.—Within each regulatory impact analysis of a proposed or final major rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable— “(A) consider the effects of the proposed or final rule on different segments of the motor carrier industry; and “(B) formulate estimates and findings based on the best available science. “(2) Scope.—To the extent feasible and appropriate, and consistent with law, an analysis described in paragraph (1) shall— “(A) use data that is representative of commercial motor vehicle operators or motor carriers, or both, that will be impacted by the proposed or final rule; and “(B) consider the effects on commercial truck and bus carriers of various sizes and types. “(g) Public Participation.— “(1) In general.—If a proposed rule under this part is likely to lead to the promulgation of a major rule, the Secretary, before publishing such proposed rule, shall— “(A) issue an advance notice of proposed rulemaking; or “(B) proceed with a negotiated rulemaking. “(2) Requirements.—Each advance notice of proposed rulemaking issued under paragraph (1) shall— “(A) identify the need for a potential regulatory action; “(B) identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives; “(C) request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and “(D) request public comment on available alternatives to regulation. “(3) Waiver.—This subsection does not apply to a proposed rule if the Secretary, 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. “(h) Rule of Construction.—Nothing in subsection (f) or (g) may be construed to limit the contents of an advance notice of proposed rulemaking.” .