Procedures for Issuing Guidance Documents, 67666-67670 [2020-22238]

Agencies

• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Rules and Regulations]
[Pages 67666-67670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22238]


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DEPARTMENT OF THE INTERIOR

43 CFR Part 51

[Docket No. DOI-2020-0001; 201D0102DM, DS6CS00000, DLSN00000.000000, 
DX6CS25]
RIN 1093-AA27


Procedures for Issuing Guidance Documents

AGENCY: Office of the Secretary, Interior.

ACTION: Interim final rule; request for comments.

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SUMMARY: We, the Department of the Interior (Department), through this 
interim final rule (IFR), revise our rulemaking procedures to implement 
an Executive order (E.O.) entitled ``Promoting the Rule of Law Through 
Improved Agency Guidance Documents.'' The E.O. requires Federal 
Agencies to finalize regulations or amend existing regulations to 
establish processes and procedures for issuing guidance documents and 
to establish exceptions for categories of guidance documents.

DATES: This rule is effective October 26, 2020. Comments will be 
accepted until December 28, 2020.

ADDRESSES: You may submit comments by one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments to Docket No. DOI-2020-0001. 
Please note that if you are using the Federal eRulemaking Portal, the 
deadline for submitting electronic comments is 11:59 Eastern Standard 
Time on the comment due date.
     Mail: Address comment to Public Comments Processing, Attn: 
Docket No. DOI-2020-0001; Department of the Interior; MS: 7328; 1849 C 
Street NW, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Bivan Patnaik, Deputy Director of 
Regulatory Affairs, Office of the Executive Secretariat and Regulatory 
Affairs, by phone at 202-208-3181 or via the Federal Relay Service at 
800-877-8339, or via email account [email protected].

SUPPLEMENTARY INFORMATION:

Background Information

    E.O. 13891, entitled ``Promoting the Rule of Law Through Improved 
Agency Guidance Documents,'' which published in the Federal Register on 
October 15, 2019 (84 FR 55235), is intended to improve the guidance 
document development process while maintaining an open and fair 
regulatory process for the public. On October 31, 2019, the Office of 
Management and Budget (OMB) issued a ``Memorandum for Regulatory Policy 
Officers at Executive Departments and Agencies and Managing and 
Executive Directors of Certain Agencies and Commissions'' (M-20-02).\1\ 
One of E.O. 13891's requirements is that Federal Agencies promulgate 
final regulations or amend existing regulations that set forth 
processes and procedures for issuing guidance documents.\2\ The purpose 
of this IFR is to codify these processes and procedures for issuing 
guidance documents as well as to allow the public to comment on the 
rule. The Department is amending its regulations under an IFR and will 
forgo issuing a proposed rule. The IFR will take effect on the date 
specified above in DATES, with public comment to conclude as set forth 
in DATES. Based on public comments received, the interim rule may be 
revised. The final rule will contain responses to comments received on 
the IFR, state the final decision, and provide the justification for 
that decision.
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    \1\ See Memorandum for Regulatory Policy Officers at Executive 
Departments and Agencies and Managing and Executive Directors of 
Certain Agencies and Commissions.
    \2\ See section 4(a) of Executive Order 13891.
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Discussion of the Interim Final Rule

    This IFR creates a new part 51 in title 43 of the Code of Federal 
Regulations (CFR), which concerns Public Lands and the Department of 
the Interior. This rule promulgates the Department's procedural 
requirements governing the development, review, and clearance of 
guidance documents; the processes for

[[Page 67667]]

the public to petition for withdrawal or modification of a particular 
guidance document, including designating the officials to whom 
petitions should be directed; and the procedures for review and 
approval of significant guidance documents.
    The procedures contained in this IFR apply to all guidance 
documents, which E.O. 13891 defines as any statement of agency that is 
of general applicability and intended to have future effect on the 
behavior of regulated parties, that sets forth a policy on a statutory, 
regulatory, or technical issues or an interpretation of a statute or 
regulation, with certain exceptions. OMB's M-20-02 further clarifies 
and provides information for Agencies to consider in determining when a 
document is indeed a guidance document, including a functional test for 
rules of agency organization, procedure, or practice. This IFR codifies 
the Department's existing procedures and implements new procedures 
regarding the development, review, and clearance of guidance documents. 
These procedures ensure that all guidance documents receive legal 
review and, when appropriate, Office of the Secretary review. Before 
guidance documents are issued, they must be reviewed to ensure they are 
written in plain language and do not impose any substantive legal 
requirements above and beyond those imposed by statute, regulation, or 
contract. If a guidance document purports to describe, approve, or 
recommend specific conduct that extends beyond what is required by 
existing law, regulation, or contract, then it must include clear and 
prominent language effectively stating that the contents of the 
guidance document do not have the force and effect of law and are not 
meant to bind the public in any way, and the guidance document is 
intended only to provide clarity to the public regarding existing 
requirements under the law, regulation, contract or agency policies.
    In recognition of the fact that although guidance documents are not 
legally binding, they could nevertheless have a substantial economic 
impact on regulated entities that alter their conduct to conform to the 
guidance, this IFR directs Bureaus and Offices within the Department to 
undertake a benefits and cost assessment of the impact of the guidance 
document when appropriate. Further information that describes 
identifying and measuring benefits and costs are found in OMB's 
Circular A-4 (add footnote). Further Bureaus/Offices of the Department 
are to be in compliance with E.O. 13891, Section 4(a)(iii)(C) and (D). 
The procedures for the development, review, and clearance of guidance 
documents can be found at 43 CFR part 51.

Required Determinations

Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.)

    Under section 553(b)(3)(B) of the APA, a proposed rule is not 
required ``when the agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' There is good cause 
to forgo notice and public comment on a proposed rule in this instance 
and instead take immediate action because this IFR codifies the 
Department's existing procedures and implements new procedures 
regarding the development, review, and clearance of guidance documents 
as directed by E.O 13891. Additionally, it does not reach any right or 
benefit, substantive, or procedural, as an enforceable action against 
the United States or the Department. The Department finds good cause in 
accordance with 5 U.S.C. 553(d)(3) to make the IFR effective less than 
30 days after the date of publication to allow for swift implementation 
of this program. Although this IFR is effective immediately, comments 
are solicited from the public on all aspects of the interim final rule. 
The Department will consider all public comments received in the 
development of a subsequent final rule.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    E.O. 12866 provides that the Office of Management and Budget's 
(OMB's) Office of Information and Regulatory Affairs will review all 
significant rules. The Office of Information and Regulatory Affairs has 
determined that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866, calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory 
objectives. E.O. 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public, where these approaches are relevant, feasible, 
and consistent with regulatory objectives. This IFR is in compliance 
with E.O. 13563 and is intended to promote predictability, to reduce 
uncertainty, and to use the best, most innovative, and least burdensome 
tools for achieving regulatory objectives.

Regulatory Flexibility Act

    This IFR will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) as it will not directly impact small 
entities or impose any regulatory burdens on them.

Small Business Regulatory Enforcement Fairness Act

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, the Department will assist small 
entities in understanding this rule so that they can better evaluate 
its effects. If the IFR rule will affect your small business, 
organization, or governmental jurisdiction, and you have questions 
concerning its provisions, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section of this rule. Small businesses may 
send comments on the actions of Federal employees who enforce or 
otherwise determine compliance with Federal regulations to the Small 
Business Administration's Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business.

Unfunded Mandates Reform Act

    A statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
    This rule:
    (a) Will not impose an unfunded mandate on state, local, or tribal 
governments or the private sector of more than $100 million per year.
    (b) Will not have a significant or unique effect on State, local, 
or tribal governments, or the private sector.

Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

Takings (E.O. 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. This 
rule is not a Government action capable of interfering with 
constitutionally protected property rights. It does not impose any 
obligations on the public

[[Page 67668]]

that would result in a taking. A takings implication assessment is not 
required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this IFR will not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement because it will not substantially 
and directly affect the relationship between the Federal and State 
governments. Accordingly, a federalism summary impact statement is not 
required.

Civil Justice Reform (E.O.12988)

    This IFR complies with the requirements of E.O. 12988.
    Specifically, this rule:
    (a) Meets the criteria of section 3(a) of this E.O. which requires 
that all regulations be reviewed to eliminate errors and ambiguity and 
be written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) of this E.O. which 
requires that all regulations be written in clear language and contain 
clear legal standards.

Consultation With Indian Tribes (E.O. 13175)

    The Department strives to strengthen its government-to-government 
relationship with federally recognized Indian tribes through a 
commitment to consultation and recognition of their right to self-
governance and tribal sovereignty. Under the criteria in E.O. 13175 and 
Departmental Manual Part 512 Chapters 4 and 5, this IFR will have no 
substantial direct effects on federally recognized Indian tribes or 
Alaska Native Claims Settlement Act (ANCSA) Corporations, and 
consultation under the Department's consultation policies is not 
required.

Paperwork Reduction Act, 44 U.S.C. 3501, et seq.

    This IFR does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This IFR 
will not impose recordkeeping or reporting requirements on State, 
local, or Tribal governments, individuals, businesses, or 
organizations.

National Environmental Policy Act

    This IFR does not constitute a major Federal action significantly 
affecting the quality of the human environment. Pursuant to 
Departmental Manual 516 DM 2.3A (2), section 1.10 of 516 DM 2, Appendix 
1 categorically excludes from the requirement to document an 
environmental assessment or impact statement policies, directives, 
regulations and guidelines of an administrative, financial, legal, 
technical or procedural nature; or the environmental effects of which 
are too broad, speculative or conjectural to lend themselves to 
meaningful analysis and will be subject to the NEPA process, either 
collectively or case-by-case. See also 43 CFR 46.210(i). The Department 
has reviewed this rule and determined that this categorical exclusion 
applies, and that none of the extraordinary circumstances that would 
preclude use of the categorical exclusion are applicable. See 43 CFR 
46.215. Therefore, a detailed statement under the National 
Environmental Policy Act of 1969 (NEPA) is not required.

Effects on the Energy Supply (E.O. 13211)

    This IFR is not a significant energy action under the definition in 
E.O. 13211; therefore, a Statement of Energy Effects is not required.

Plain Language

    The Department is required by section 1(b)(12) of E.O. 12866 and 
Section 3(b)(1)(B) of E.O. 12988 and by the Presidential Memorandum of 
June 1, 1998, to write all rules in plain language. This means that 
this rule must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, please contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section of 
this preamble.

Authority

    The Department publishes this IFR in accordance with the APA as 
codified in the text of chapters 5 and 7 of Title 5, United States 
Code, that govern procedures for agency rulemaking and adjudication and 
provides for judicial review of final agency actions and E.O. 13891.

List of Subjects in 43 CFR Part 51

    Administrative practice and procedure, Executive orders.

    For the reasons discussed in the preamble, 43 CFR part 51 is added 
to read as follows:

PART 51--GUIDANCE DOCUMENTS PROCEDURES

Sec.
51.1 General.
51.3 Review and clearance by the Office of the Solicitor.
51.5 Requirements for clearance.
51.7 Public access to effective guidance documents.
51.9 Cost and benefit estimates.
51.11 Approval procedures for guidance documents identified as 
``significant.''
51.13 Definition of ``significant guidance document.''
51.15 Designation procedures.
51.17 Notice-and-comment procedures.
51.19 Petitions for guidance.
51.21 Rescinded guidance.
51.23 Exigent circumstances.
51.25 Reports to Congress and the Comptroller General.
51.27 No judicial review or enforceable rights.

    Authority:  5 U.S.C. Chapter 5, Subchapter II; Chapter 7, E.O. 
13891, 84 FR 55235, 3 CFR, 2019 Comp., p. 371.


Sec.  51.1   General.

    (a) This part governs the issuance of Departmental guidance 
documents.
    (b) Subject to the qualifications and exemptions contained in this 
part, the procedures in this part apply to all guidance documents 
issued by all Bureaus/Offices of the Department of the Interior (the 
Department) after October 26, 2020.
    (c) For purposes of this part, the term ``guidance document'' is 
any statement of agency policy or interpretation of a statute, 
regulation, or technical matter within the jurisdiction of the agency 
that is of general applicability and intended to have future effect on 
the behavior of regulated parties, that sets forth a policy on a 
statutory, regulatory, or technical issues or an interpretation of a 
statute or regulation, with certain exceptions. The term is not 
confined to formal written documents; guidance may come in a variety of 
forms, including (but not limited to) letters, memoranda, circulars, 
bulletins, advisories, and may include video, audio, and Web-based 
formats. See Office of Management and Budget (OMB) Bulletin 07-02, 
``Agency Good Guidance Practices,'' (January 25, 2007) (``OMB Good 
Guidance Bulletin'').
    (d) This part does not apply to the following documents, which are 
not included in the definition of ``guidance document'' for purposes of 
this part:
    (1) Rules promulgated pursuant to notice and comment under 5 U.S.C. 
553, or similar statutory provisions;
    (2) Rules exempt from rulemaking requirements under 5 U.S.C. 
553(a);
    (3) Rules of agency organization, procedure, or practice;
    (4) Decisions of agency adjudications under 5 U.S.C. 554 or similar 
statutory provisions;
    (5) Internal guidance directed to the issuing agency or other 
agencies that is

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not intended to have substantial future effect on the behavior of 
regulated parties; or
    (6) Internal executive branch legal advice or legal advisory 
opinions addressed to executive branch officials that are not intended 
to have substantial future effect on the behavior of regulated parties.


Sec.  51.3   Review and clearance by the Office of the Solicitor.

    All Departmental guidance documents, as defined in Sec.  51.1(c), 
require review and clearance in accordance with this part.
    (a) Guidance proposed to be issued by a Bureau/Office of the 
Department must be reviewed and cleared by the relevant Division of the 
Office of the Solicitor. In addition, as provided in paragraph (b) of 
this section, some Bureau/Office guidance documents will require review 
and clearance by the Immediate Office of the Solicitor.
    (b) Guidance proposed to be issued by the Office of the Secretary 
must be reviewed and cleared by the Immediate Office of the Solicitor.


Sec.  51.5   Requirements for clearance.

    The Department's review and clearance of guidance documents must 
ensure that each guidance document proposed to be issued by a Bureau/
Office of the Department satisfies the following requirements:
    (a) The guidance document complies with and cites all relevant 
statutes and regulations (including any statutory deadlines for agency 
action);
    (b) The guidance document identifies or includes:
    (1) The term ``guidance'' or its functional equivalent;
    (2) The issuing Bureau/Office and the date of issuance;
    (3) A unique identifier, including, at a minimum, the date of 
issuance and title of the guidance document and its Z-Regulatory 
Identification Number (Z-RIN), if applicable;
    (4) The activity or entities to which the guidance applies;
    (5) Citations to applicable statutes and regulations;
    (6) A statement noting whether the guidance document intends to 
revise or replace any previously issued guidance document and, if so, 
sufficient information to identify the previously issued guidance 
document; and
    (7) A short summary of the subject matter covered in the guidance 
document at the top of the document;
    (c) The guidance document should not use mandatory language, such 
as ``shall,'' ``must,'' ``required,'' or ``requirement,'' unless the 
language is describing an established statutory, regulatory, or 
contractual requirement or is addressed to Department staff and will 
not foreclose the Department's consideration of positions advanced by 
affected private parties;
    (d) The guidance document is written in plain and understandable 
English; and
    (e) The guidance document must include a clear and prominent 
statement declaring that the contents of the document do not have the 
force and effect of law, except as authorized by law or as incorporated 
into a contract, and are not meant to bind the public in any way, 
except as authorized by law or as incorporated into a contract, and 
that the document is intended only to provide clarity to the public 
regarding existing requirements under the law or agency policies.


Sec.  51.7   Public access to effective guidance documents.

    Each Bureau/Office that is responsible for issuing guidance 
documents must:
    (a) Ensure all effective guidance documents, identified by a unique 
identifier which includes, at a minimum, the document's title and date 
of issuance or revision and its Z-RIN, if applicable, are on the 
Department's website in a single, searchable, indexed database, and 
available to the public in accordance with the notice titled 
``Implementation of Executive Order 13891: Guidance Documents'';
    (b) Note on its website that guidance documents lack the force and 
effect of law, except as authorized by law or as incorporated into a 
contract;
    (c) Maintain and advertise on its website a means for the public to 
comment electronically on any guidance documents that are subject to 
the notice-and-comment procedures described in Sec.  51.17 and to 
submit requests electronically for issuance, reconsideration, 
modification, or rescission of guidance documents in accordance with 
Sec.  51.21; and
    (d) Designate an office or official(s) to receive petitions for 
withdrawal or modification of guidance documents and address complaints 
from the public that the Bureau/Office is not following the 
requirements of OMB's Good Guidance Bulletin or is improperly treating 
a guidance document as a binding requirement.


Sec.  51.9   Cost and benefit estimates.

    (a) The Bureau/Office must evaluate whether, although not legally 
binding, an agency guidance document may result in a substantial 
economic impact (e.g., by inducing private parties to alter their 
conduct to conform to recommended standards or practices) where 
``significant'' as defined by E.O. 12866. E.O. 12866 requires agencies 
to estimate the net benefits of regulations. Net benefits are defined 
as total benefits minus total costs. When it is determined that a 
guidance document will be economically significant, the Bureau/Office 
must prepare a Regulatory Impact Analysis and make it publicly 
available in the same manner it what would accompany an economically 
significant rulemaking.
    (b) While it may be difficult to predict with precision the 
economic impact of voluntary guidance, the issuing Bureau/Office must, 
to the extent practicable, make a estimate the likely economic cost 
impact of the guidance document in order to determine whether the 
guidance document is economically significant. When a Bureau/Office is 
explaining to OMB's Office of Information and Regulatory Affairs (OIRA) 
whether it believes a guidance document is economically significant, it 
should, at a minimum, provide the same level of analysis that would be 
required for a major determination under the Congressional Review 
Act.\1\
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    \1\ See OMB Memorandum M-19-14, Guidance on Compliance with the 
Congressional Review Act (April 11, 2019).
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Sec.  51.11   Approval procedures for guidance documents identified as 
``significant.''

    (a) Guidance documents proposed to be issued by a Bureau/Office 
must be submitted (or a summary of it) to the Office of the Executive 
Secretariat and Regulatory Affairs (OES). OES will submit these 
documents or summaries of them to OIRA for significance determinations. 
If OIRA determines that a proposed guidance document is significant, 
then the Bureau/Office must obtain a Z-RIN and clearance through the 
Data Tracking System (DTS) or successor data management system. Each 
proposed guidance document determined to be significant must be 
approved by the Secretary before issuance.
    (b) As with regulations or rules, including significant regulatory 
actions, OES will submit significant guidance documents to OIRA 
consistent with the requirements set forth in Sec.  51.13(c). In 
addition, OES may determine that it is appropriate to coordinate with 
the Office of the Secretary and OIRA in the review of guidance 
documents.
    (c) Significant guidance documents must be reviewed by OIRA under 
E.O. 12866 before issuance and must demonstrate compliance with the 
applicable requirements for regulations or rules, including significant 
regulatory actions.

[[Page 67670]]

    (d) If the guidance document is determined not to be significant as 
defined by Sec.  51.13, OES will advise the proposing Bureau/Office to 
proceed with issuance of the guidance through its standard clearance 
process.


Sec.  51.13   Definition of ``significant guidance document.''

    (a) The term ``significant guidance document'' means a guidance 
document that may reasonably be anticipated to:
    (1) Lead to an annual effect on the economy of $100 million or more 
or adversely affect in a material way the U.S. economy, a sector of the 
U.S. economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another Federal agency;
    (3) Alter materially the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
E.O. 12866, as further amended.
    (b) The term ``significant guidance document'' does not include the 
categories of documents excluded by Sec.  51.1(d) or any other category 
of guidance documents exempted in writing by OIRA in consultation with 
OES.
    (c) Significant guidance documents must:
    (1) Be reviewed by OIRA under E.O. 12866 before issuance;
    (2) Be approved on a non-delegable basis by the Bureau/Office head 
or by an agency component head appointed by the President, before 
issuance; and
    (3) Demonstrate compliance with the applicable requirements for 
regulations or rules, including significant regulatory actions, set 
forth in Executive Orders 12866, 13563, 13609, 13771, 13777, and 13893.


Sec.  51.15   Designation procedures.

    (a) The OES may request a Bureau/Office to prepare a designation 
request for certain guidance documents. Designation requests must 
include the following information:
    (1) A summary description of the guidance document; and
    (2) The Bureau/Office recommended designation of ``not 
significant,'' ``significant,'' or ``economically significant,'' as 
well as a justification for that designation.
    (b) OES must seek significance determinations from OIRA for 
guidance documents in the same manner as for regulatory actions. Prior 
to publishing such guidance documents, and with sufficient time to 
allow OIRA to review the document in the event that a significance 
determination is made, OES will provide OIRA with an opportunity to 
review the designation request or the guidance document, if requested, 
to determine if it meets the definition of ``significant'' under 
Executive Order 13891.


Sec.  51.17   Notice-and-comment procedures.

    (a) Except as provided in paragraph (b) of this section, all 
proposed Department guidance documents determined to be a ``significant 
guidance document'' within the meaning of Sec.  51.13 will be subject 
to the following informal notice-and-comment procedures prior to 
issuance. The issuing Bureau/Office must:
    (1) Publish a notice in the Federal Register announcing that a 
draft of the proposed guidance document is publicly available;
    (2) Post the draft guidance document on its website;
    (3) Invite public comment on the draft document for a minimum of 30 
days through a Federal Register notice;
    (4) All public comments received must be posted and made publicly 
available; and
    (5) Prepare and post public responses to major concerns raised in 
the comments, as appropriate, on its website, and through a Federal 
Register notice either before or when the guidance document is 
finalized and issued.
    (b) The requirements of paragraph (a) of this section will not 
apply to any significant guidance document or categories of significant 
guidance documents for which OES finds, in consultation with OIRA, the 
proposing Bureau/Office, Solicitor, Assistant Secretary, and the 
Secretary, that good cause exists such that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest (and incorporates the finding of good cause and a brief 
statement of reasons therefor in the guidance issued). Unless OES 
advises otherwise in writing, the categories of guidance will be exempt 
from the requirements of paragraph (a) of this section.
    (c) Where appropriate, OES or the proposing Bureau/Office may 
recommend to the Secretary that a particular guidance document that is 
not a significant guidance document should be subject to the informal 
notice-and-comment procedures described in paragraph (a) of this 
section.


Sec.  51.19   Petitions for guidance.

    Any person may petition the Secretary, through an electronic 
submission, to issue new, or withdraw or modify, a particular guidance 
document by using the procedures found in 43 CFR part 14 (Sec. Sec.  
14.1 through 14.4). The Secretary will delegate the petition to the 
appropriate Bureau/Office, which should respond to all requests in a 
timely manner but must respond no later than 90 days after receipt of 
the request.


Sec.  51.21   Rescinded guidance.

    A Bureau/Office may not cite, use, or rely on guidance documents 
that are rescinded, except to establish historical facts.


Sec.  51.23   Exigent circumstances.

    In emergency situations or when the issuing Bureau/Office is 
required by statutory deadline or court order to act more quickly than 
normal review procedures allow, the issuing Bureau/Office must 
coordinate with OES to notify OIRA as soon as possible and, to the 
extent practicable, must comply with the requirements of this part at 
the earliest opportunity. Wherever practicable, the issuing Bureau/
Office should schedule its proceedings to permit sufficient time to 
comply with the procedures set forth in this part.


Sec.  51.25   Reports to Congress and the Comptroller General.

    Unless otherwise determined in writing by OES, it is the policy of 
the Department that upon issuing a guidance document determined to be 
``significant'' within the meaning of Sec.  51.13, the issuing Bureau/
Office will submit a report to Congress and the Comptroller General in 
accordance with the procedures described in 5 U.S.C. 801 (the 
``Congressional Review Act'').


Sec.  51.27   No judicial review or enforceable rights.

    This part is intended to improve the internal management of the 
Department. As such, it is for the use of Department personnel only and 
is not intended to, and does not, create, any right or benefit, 
substantive or procedural, enforceable at law or in equity by any party 
against the United States, its agencies or other entities, its officers 
or employees, or any other person.

    Dated: September 28, 2020.
Katharine Sinclair MacGregor,
Deputy Secretary, U.S. Department of the Interior.
[FR Doc. 2020-22238 Filed 10-23-20; 8:45 am]
BILLING CODE 4334-63-P