; (ii) whether any law identified in subparagraph (A)(iii) should be modified to achieve the intended goal of the proposed rule more effectively or efficiently; (iii) any available alternatives that specify performance objectives rather than identify or require the specific manner of compliance that regulated entities must adopt; (iv) any available alternatives that involve the deployment of innovative technology or practices; (v) any alternatives that involve different requirements for different types or sizes of businesses, if applicable; and (vi) any available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior or providing information upon which choices can be made by the public. (2) Regulatory determination After considering the information described in paragraph (1), including comments under paragraph (1)(F), and except where otherwise required by statute, the Secretary may issue a notice of proposed rulemaking only upon a reasoned determination that— (A) a need exists; (B) the proposed rule addresses that need; and (C) the benefits of the proposed rule justify its costs. (d) Rules of construction Nothing in this section may be construed to limit— (1) any requirement under other law to analyze the impacts of a proposed rule; or (2) the use of an advance notice of proposed rulemaking in any regulatory action that is not likely to result in a significant rule. . (b) Table of contents The table of contents for chapter 201, as amended by section 112, is further amended by inserting after the item relating to section 20123 the following: 20124. Public participation. . 114. Innovative approaches to improve safety (a) In general Subchapter I of chapter 201, as amended by section 113, is further amended by adding at the end the following: 20125. Innovative approaches to improve safety (a) Purposes The purposes of this section are— (1) to establish a regulatory improvement waiver to facilitate innovative approaches to safety