§ 7174. Referral of other rulemaking proceedings to Commission
(a)
Notification of Commission of proposed action; public comment
Except as provided in section
7173 of this title, whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under section
7151 of this title or section
60501 of title
49, he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section
7172
(a)(1) and (c)(1) of this title and section
60502 of title
49, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.
(b)
Recommendations of Commission; publication
Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—
The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period.
(c)
Options of Secretary; final agency action
Following publication of the Commission’s recommendations the Secretary shall have the option of—
(1)
issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1) of this section;