Skip to content

Title 49 — Transportation

Part A · Chapter 201 — General

§ 20116. Rulemaking process

Statutory text

No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—

(1)

the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or

(2)

the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 110–432 div. A title I § 107(a) · 122 Stat. 4848

    Enacted · 49 U.S.C. § 20116

    Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859

    Source evidence

    Code source credit
    Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859

    Enacted provision · exact public law section
    (a) Amendment.— Subchapter I of chapter 201 is amended by inserting after section 20115 the following new section: “§ 20116. Rulemaking process   “No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order, or the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.” .

  2. Passenger Rail Reform and Investment Act of 2015

    Pub. L. 114–94 div. A title XI § 11316(c) · 129 Stat. 1312

    1. Substituted · 49 U.S.C. § 20116

      Pub. L. 114–94 substituted “unless—” for “unless”

    2. Inserted · 49 U.S.C. § 20116

      Pub. L. 114–94 inserted par. (1) designation before “the date”

    3. Substituted · 49 U.S.C. § 20116

      Pub. L. 114–94 substituted “order; or” for “order, or” in par. (1)

    4. Inserted · 49 U.S.C. § 20116

      Pub. L. 114–94 inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins

    Source evidence

    Code amendment note
    Pub. L. 114–94 substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.

    Enacted provision · exact public law section
    (c) Rulemaking Process.— Section 20116 of title 49, United States Code, is amended— (1) by inserting “(2)” before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.” and indenting accordingly; (2) by inserting “(1)” after “unless” and indenting accordingly; (3) in paragraph (1), as redesignated, by striking “order, or” and inserting “order; or”; and (4) in the matter preceding paragraph (1), as redesignated, by striking “unless” and inserting “unless—”.

    Effective date note
    Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 20116, Pub. L. 103–272, § 1(e), , 108 Stat. 871; amended Pub. L. 103–440, title II, § 206(a), , 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, § 1121(g)(1), , 109 Stat. 724.

Amendments

2015—Pub. L. 114–94 substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective , see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Credits

2008–2015 · 2 acts
  1. 2008Added Pub. L. 110–432, div. A, title I, § 107(a), , 122 Stat. 4859
  2. 2015amended Pub. L. 114–94, div. A, title XI, § 11316(c), , 129 Stat. 1676.
Show as published

(Added Pub. L. 110–432, div. A, title I, § 107(a), , 122 Stat. 4859; amended Pub. L. 114–94, div. A, title XI, § 11316(c), , 129 Stat. 1676.)

Parsed from the official OLRC USLM XML in data/usc_all/usc49.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t49/s20116