Part 5 — Administrative Rulemaking, Guidance, and Enforcement Procedures
Current through Sep 25, 2026
Authority: 49 U.S.C. 322(a).
Source: 91 FR 22437, Apr. 27, 2026, unless otherwise noted.
Sections
- § 5.1 Applicability.
- § 5.3 General.
- § 5.5 Regulatory policies.
- § 5.7 Responsibilities.
- § 5.9 Regulatory Reform Task Force.
- § 5.11 Initiating a rulemaking.
- § 5.13 General rulemaking procedures.
- § 5.15 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda).
- § 5.17 Special procedures for economically significant and high-impact rulemakings.
- § 5.19 Public contacts in informal rulemaking.
- § 5.21 Policy updates and revisions.
- § 5.25 General.
- § 5.27 Review and clearance by Chief Counsels and the Office of the General Counsel.
- § 5.29 Requirements for clearance.
- § 5.31 Public access to effective guidance documents.
- § 5.33 Good faith cost estimates.
- § 5.35 Approved procedures for guidance documents identified as “significant” or “otherwise of importance to the Department's interests.”
- § 5.37 Definitions of “significant guidance document” and guidance documents that are “otherwise of importance to the Department's interests.”
- § 5.39 Designation procedures.
- § 5.41 Notice-and-comment procedures.
- § 5.43 Petitions for guidance.
- § 5.45 Rescinded guidance.
- § 5.47 Exigent circumstances.
- § 5.49 Reports to Congress and GAO.
- § 5.53 General.
- § 5.55 Enforcement attorney responsibilities.
- § 5.57 Definitions.
- § 5.59 Enforcement policy generally.
- § 5.61 Investigative functions.
- § 5.63 Clear legal foundation.
- § 5.65 Proper exercise of prosecutorial and enforcement discretion.
- § 5.67 Duty to review for legal sufficiency.
- § 5.69 Fair notice.
- § 5.71 Separation of functions.
- § 5.73 Avoiding bias.
- § 5.75 Representation of regulated parties.
- § 5.77 Formal enforcement adjudications.
- § 5.79 Informal enforcement adjudications.
- § 5.81 The hearing record.
- § 5.83 Contacts with the public.
- § 5.85 Duty to disclose exculpatory evidence.
- § 5.87 Use of guidance documents in administrative enforcement cases.
- § 5.89 Alternative Dispute Resolution (ADR).
- § 5.91 Duty to adjudicate proceedings promptly.
- § 5.93 Termination of investigation.
- § 5.95 Initiation of additional investigations.
- § 5.97 Agency decisions.
- § 5.99 Settlements.
- § 5.101 OGC approval required for certain settlement terms.
- § 5.103 Basis for civil penalties and disclosures thereof.
- § 5.105 Publication of decisions.
- § 5.107 Coordination with the Office of Inspector General on criminal matters.
- § 5.109 Standard operating procedures.
- § 5.111 Cooperative information sharing.
- § 5.113 Small Business Regulatory Enforcement Fairness Act (SBREFA).
- § 5.115 Referral of matters for judicial enforcement.
- § 5.117 Publicly available decisional quality and efficiency metrics.
- § 5.119 Enforcement rights.