; and (2) a justification, with supporting information, for the prescriptive or nonperformance-based approach, as applicable. . (b) Table of contents The table of contents for chapter 201 is amended by inserting after the item relating to section 20122 the following: 20123. Performance-based regulations. . 113. Public participation (a) In general Subchapter I of chapter 201, as amended by section 112, is further amended by adding at the end the following: 20124. Public participation (a) In general Except as provided in subsection (b), the Secretary of Transportation, before issuing a proposed rule under this part, shall publish an advance notice of proposed rulemaking in accordance with subsection (c). (b) Exceptions This section shall not apply if— (1) the proposed rule is not likely to result in a significant rule; or (2) the Secretary— (A) upon inspection, investigation, testing, or research, determines that a violation of a provision of this part, including a regulation prescribed under this part, or an unsafe condition or practice constitutes or is causing an imminent hazard of death or injury to individuals; (B) determines that the proposed rule has the consensus, in accordance with the established rules governing the Rail Safety Advisory Committee, of the Rail Safety Advisory Committee; (C) determines the use of a negotiated rulemaking is in the public interest and conducts a negotiated rulemaking under subchapter III of chapter 5 of title 5 to negotiate and develop the proposed rule; (D) determines it is necessary to waive this section in order to implement section 20157; (E) is incorporating the terms of a regulatory improvement waiver under section 20125(h); or (F) (i) is not required by law to publish a notice of proposed rulemaking before issuing a final rule