C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 211—RULES OF PRACTICE › Subpart B—Rulemaking Procedures

49 C.F.R. § 211.13

Initiation and completion of rulemaking proceedings

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The Administrator initiates all rulemaking proceedings on his own motion by publishing an advance notice of proposed rulemaking or a notice of proposed rulemaking in the Federal Register. However, he may consider the recommendations of interested persons or other agencies of the United States. A separate docket is established and maintained for each rulemaking proceeding. Each rulemaking proceeding shall be completed not later than 12 months after the initial notice in that proceeding is published in the Federal Register. However, if it was initiated as the result of the granting of a rulemaking petition, the rulemaking proceeding shall be completed not later than 12 months after the petition was filed as prescribed in §§ 211.7 and 211.9.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2022 · leading case: Transp. Div. of the Int'l Ass'n of Sheet Metal, Air, Rail & Transp. Workers v. FRA, 40 F.4th 646 (D.C. Cir. 2022).
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Transp. Div. of the Int'l Ass'n of Sheet Metal, Air, Rail & Transp. Workers v. FRA, 40 F.4th 646 (D.C. Cir. 2022). · cites it 3× “§ 20103 (b), the Administration must complete “rulemaking proceedings” within a year, 49 C.F.R. § 211.13 . For rulemaking proceedings “initiated as the result of the granting of a rulemaking petition,” the clock starts when “the petition [is] filed[.”
Transp. Div. of the Int'l Ass'n of Sheet Metal, Air, Rail & Tranportation Workers v. FRA, 10 F.4th 869 (D.C. Cir. 2021). “§ 20103 (b); see also 49 C.F.R. § 211.13 . There is no dispute the FRA missed the twelve-month window to promulgate the RRP Rule.”
Indiana Rail Road Co., The v. Illinois Com. Comm'n, 491 F. Supp. 3d 344 (N.D. Ill. 2020). “§ 20103 (b), and the FRA’s own regulations, 49 C.F.R. § 211.13 . But that did not happen, and instead the FRA ended up withdrawing the notice—three years later in May 2019.”
Indiana Rail Road Co., The v. Illinois Com. Comm'n, 576 F. Supp. 3d 571 (N.D. Ill. 2021). “§ 20103 (b), and the FRA’s own regulations, 49 C.F.R. § 211.13 . But that did not happen, and instead the FRA ended up withdrawing the notice—three years later in May 2019.”
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