Peace Corps Guidance Documents, 73418-73421 [2020-24915]

Download as PDF 73418 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations B. Take any action that facilitates the acquisition or attempted acquisition by a denied person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a denied person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the denied person of any item subject to the EAR that has been exported from the United States; D. Obtain from the denied person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a denied person, or service any item, of whatever origin, that is owned, possessed or controlled by a denied person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in § 766.23 of the EAR, any person, firm, corporation, or business organization related to the denied person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this order. This order, which constitutes the final agency action in this matter, is effective [DATE OF ISSUANCE].’’ PART 766—ADMINISTRATIVE ENFORCEMENT PROCEEDINGS 20. The authority citation for part 766 is revised to read as follows: ■ Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. 21. Section 766.25 is amended by revising paragraphs (a), (b), (c), and (h), to read as follows: khammond on DSKJM1Z7X2PROD with RULES ■ § 766.25 Administrative action denying export privileges. (a) General. The Director of the Office of Export Enforcement (OEE), in consultation with the Director of the Office of Exporter Services, may deny the export privileges of any person who VerDate Sep<11>2014 16:14 Nov 17, 2020 Jkt 253001 has been convicted of a violation of any of the statutes set forth at 50 U.S.C. 4819(e)(1)(B), including any regulation, license, or order issued pursuant to such statutes. (b) Procedure. Upon notification that a person has been convicted of a violation of one or more of the provisions specified in paragraph (a) of this section, the Director of OEE, in consultation with the Director of the Office of Exporter Services, will determine whether to deny such person export privileges, including but not limited to applying for, obtaining, or using any license, License Exception, or export control document; or participating in or benefitting in any way from any export or export-related transaction subject to the EAR. Before taking action to deny a person export privileges under this section, the Director of OEE will provide the person written notice of the proposed action and an opportunity to comment through a written submission, unless exceptional circumstances exist. In reviewing the response, the Director of OEE will consider any relevant or mitigating evidence why these privileges should not be denied. Upon final determination, the Director of OEE will notify by letter each person denied export privileges under this section. (c) Criteria. In determining whether and for how long to deny U.S. export privileges to a person previously convicted of one or more of the statutes set forth in paragraph (a) of this section, the Director of OEE may take into consideration any relevant information, including, but not limited to, the seriousness of the offense involved in the criminal prosecution, the nature and duration of the criminal sanctions imposed, and whether the person has undertaken any corrective measures. * * * * * (h) Applicability to related person. The Director of OEE, in consultation with the Director of the Office of Exporter Services, may take action in accordance with § 766.23 of this part to make applicable to related persons an order that is being sought or that has been issued under this section. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2020–25453 Filed 11–17–20; 8:45 am] BILLING CODE 3510–33–P PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 PEACE CORPS 22 CFR Part 313 RIN 0420–AA33 Peace Corps Guidance Documents The Peace Corps. Final rule. AGENCY: ACTION: This final rule sets forth internal Agency policies, processes and procedures governing development, review and clearance of guidance documents. SUMMARY: This rule is effective November 18, 2020. FOR FURTHER INFORMATION CONTACT: David van Hoogstraten, (202) 692–2150, dvanhoogstraten@peacecorps.gov. SUPPLEMENTARY INFORMATION: DATES: Guidance Document Procedures This final rule responds to Executive Order 13891 titled: ‘‘Promoting the Rule of Law through Improved Agency Guidance Documents,’’ (October 9, 2019) in which Federal agencies are required to set forth policies, processes and procedures for issuing guidance documents. These policies, processes and procedures apply to all guidance documents which are a statement of agency policy or interpretation concerning a statute, regulation, or technical matter within the jurisdiction of the Agency intended to have general applicability and future effect on the behavior of the public, but not intended to have the force or effect of law and not otherwise required by statute to satisfy the rulemaking procedures of the Administrative Procedure Act. This final rule sets forth Agency policies, processes and procedures regarding the development, review and clearance of guidance documents. Whenever a guidance document is determined to be ‘‘significant,’’ this will include legal review, review by the Agency’s Senior Policy Committee and, following review and approval by the Office of Management and Budget, Office of Information and Regulatory Affairs (OMB/OIRA), review and approval by the Director of the Peace Corps. Prior to issuance by the Agency, all guidance documents must be written in plain English and not impose substantive legal requirements above and beyond statute or regulation. If a guidance document purports to describe, approve, or recommend specific conduct that goes beyond what is required by existing law, it must include a clear and prominent statement that the contents of the guidance E:\FR\FM\18NOR1.SGM 18NOR1 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations document do not have the force and effect of law and are not meant to bind the public. The procedures for the development and review of guidance documents can be found at 22 CFR 313.1 and 313.4. This final rule also incorporates other policies and procedures, such as when guidance documents are subject to notice and an opportunity for public comment and how they will be made available to the public after issuance. See 22 CFR 313.3. These procedures are intended to ensure that the public has access to guidance documents issued by the Agency and a fair and sufficient opportunity to comment on them when appropriate and practicable. Administrative Procedure Under the Administrative Procedure Act, an agency may waive the normal notice and comment procedures if the action is a rule of agency organization, procedure, or practice. See 5 U.S.C. 553(b)(3)(A). Since this final rule incorporates into the Code of Federal Regulations existing internal procedures applicable to the Agency’s administrative procedures, notice and comment are not necessary. Rulemaking Analyses and Notices A. Executive Order 12866 and Agency Regulatory Policies and Procedures This rulemaking is not a significant regulatory action under Executive Order 12866. The Agency does not anticipate that this rulemaking will have an economic impact on regulated entities. This is a rule of Agency policy, procedure and practice. The final rule describes the manner in which the Agency handles internally the promulgation and processing of guidance documents. B. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. khammond on DSKJM1Z7X2PROD with RULES C. Regulatory Flexibility Act Since notice and comment rulemaking is not necessary for this rule, the provisions of the Regulatory Flexibility Act (Pub. L. 96–354, 5 U.S.C. 601–612) do not apply. D. Executive Order 13132 (Federalism) Executive Order 13132 requires agencies to ensure meaningful and timely input by State and local officials in the development of regulatory policies that may have a substantial, direct effect on the States, on the VerDate Sep<11>2014 16:14 Nov 17, 2020 Jkt 253001 relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. This action has been analyzed in accordance with the principles and criteria contained in the Executive order, and the Agency has determined that this action will not have a substantial direct effect or federalism implications on the States and would not preempt any State law or regulation or affect the States’ ability to discharge traditional State governmental functions. Therefore, consultation with the States is not necessary. E. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments.’’ Because this rulemaking does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs on them, the funding and consultation requirements of Executive Order 13175 do not apply. F. Paperwork Reduction Act The Agency has determined there are no new information collection requirements associated with this final rule. G. National Environmental Policy Act The Agency has analyzed the environmental impacts of this action pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), has determined that the purpose of this rulemaking is to update the Agency’s administrative procedures for guidance documents and does not anticipate the action will have any environmental impacts. List of Subjects in 22 CFR Part 313 Administrative practice and procedure. ■ For the reasons set out in the preamble, the Peace Corps adds 22 CFR part 313 to read as follows: PART 313—GUIDANCE PROCEDURES Sec. 313.1 General; definition of ‘‘guidance documents’’ covered by this part. 313.2 Guidance documents; required elements. 313.3 Public access to guidance documents. 313.4 Definition of ‘‘significant guidance document.’’ 313.5 Procedures for guidance documents identified as ‘‘significant.’’ 313.6 Notice-and-comment procedures. 313.7 Petition procedures for withdrawal or modification of a guidance document. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 73419 313.8 No judicial review or enforceable rights. Authority: 22 U.S.C. 2501 et seq. § 313.1 General; definition of ‘‘guidance documents’’ covered by this part. (a) This part governs Peace Corps (Agency) employees and contractors involved with all phases of issuing Agency guidance documents. (b) For purposes of this part, the term ‘‘guidance document’’ means a statement of Agency policy or interpretation concerning a statute, regulation, or technical matter within the jurisdiction of the Agency intended to have general applicability and future effect on the behavior of the public, but which is not intended to have the force or effect of law and is not otherwise required by statute to satisfy the rulemaking procedures specified in 5 U.S.C. 553 or 5 U.S.C. 556. The term is not limited to formal written documents and may include, without limitation, letters, memoranda, circulars, bulletins, advisories, as well as video, audio, and web-based formats. See OMB Bulletin 07–02, ‘‘Agency Good Guidance Practices,’’ (January 25, 2007) (‘‘OMB Good Guidance Bulletin’’). (c) The following shall not be considered ‘‘guidance documents’’ for purposes of this part: (1) Rules exempt from rulemaking requirements under 5 U.S.C. 553(a); (2) Rules of agency organization, procedure, or practice; (3) Decisions of agency adjudications under 5 U.S.C. 554 or similar statutory provisions; (4) Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials; (5) Agency statements of specific applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions (e.g., case or investigatory letters responding to complaints, warning letters), notices regarding particular locations or facilities (e.g., guidance pertaining to the use, operation, or control of a government facility or property), and correspondence with individual persons or entities (e.g., congressional correspondence), except documents ostensibly directed to a particular party but designed to guide the conduct of the broader regulated public; (6) Legal briefs, other court filings, or positions taken in litigation or enforcement actions; (7) Agency statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation, including speeches and individual presentations, E:\FR\FM\18NOR1.SGM 18NOR1 73420 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations editorials, media interviews, press materials, or congressional testimony that do not set forth for the first time a new regulatory policy; (8) Guidance pertaining to military or foreign affairs functions; (9) Grant solicitations and awards; (10) Contract solicitations and awards; or (11) Purely internal Agency policies or guidance directed solely to Agency employees, contractors, volunteers, trainees, or invitees or to other Federal agencies that are not intended to have substantial future effect on the behavior of regulated parties. (d) The Peace Corps will not cite, use, or rely upon a guidance document that is rescinded, except for the purpose of establishing historical fact. Guidance documents not on an Agency website, as set forth in this part, are considered to be rescinded. khammond on DSKJM1Z7X2PROD with RULES § 313.2 Guidance documents; required elements. Each guidance document proposed to be issued by the Agency shall: (a) Comply with all relevant statutes and regulation; (b) Identify or include for each guidance document: (1) The term ‘‘guidance’’ or its functional equivalent; (2) A unique identifier; (3) The issuance date, posting date, and the issuing office within the Agency; (4) The activity or entities to which the guidance applies; (5) Citations to applicable statutes and regulations; (6) A statement noting whether the guidance is intended to revise or replace any previously issued guidance and, if so, sufficient information to identify the previously issued guidance; and (7) A summary of the subject matter covered in the guidance document at the top of the document. (c) Avoid use of mandatory language, such as ‘‘shall,’’ ‘‘must,’’ ‘‘required,’’ or ‘‘requirement,’’ unless the language is describing an established statutory or regulatory requirement or is addressed to Agency’s staff and will not foreclose the Agency’s consideration of positions advanced by affected private parties; (d) Be written in plain, understandable English; and (e) Clearly and prominently state that the contents of the document do not have the force and effect of law and are not meant to bind the public, and the document is intended only to provide clarity to the public regarding existing requirements under the law or Agency policies. VerDate Sep<11>2014 16:14 Nov 17, 2020 Jkt 253001 § 313.3 Public access to guidance documents. The Agency, whenever it issues a guidance document as defined in this part, shall: (a) Ensure it is identified by the document’s title and date of issuance or revision and is placed on its website within a single, searchable, indexed database, and available to the public; (b) Note on an Agency 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 an Agency website a means for the public to comment electronically on guidance documents that are subject to the noticeand-comment procedures and to submit requests electronically for issuance, reconsideration, modification, or rescission of guidance documents in accordance with § 313.6; and (d) Designate the Office of the General Counsel to receive and address any complaints from the public that the Agency is not following the requirements of E.O 13891, entitled ‘‘Promoting the Rule of Law through Improved Agency Guidance Documents’’ (October 9, 2019), or is improperly treating a guidance document as a binding requirement. § 313.4 Definition of ‘‘significant guidance document.’’ (a) A ‘‘significant guidance document’’ is a guidance document that will be disseminated to the general public and that may reasonably be anticipated: (1) To 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) To create serious inconsistency or otherwise interfere with an action taken or planned by another Federal agency; (3) To alter materially the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) To 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 § 313.1(c) or any other category of guidance documents exempted by the Agency in consultation with the Office of Management and Budget, Office of PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Information and Regulatory Affairs (OMB/OIRA). (c) Significant guidance documents must be reviewed by OMB/OIRA under E.O. 12866 before issuance; and must demonstrate compliance with the applicable requirements for regulations or rules, including significant regulatory actions, set forth in E.O. 12866, E.O. 13563, E.O. 13609, E.O. 13771 and E.O. 13777. § 313.5 Procedures for guidance documents identified as ‘‘significant.’’ (a) Whenever a guidance document is proposed to be issued by the Agency, a copy of the proposed guidance document will be reviewed by the Office of the General Counsel and provided to OMB/OIRA for a ‘‘significance’’ determination pursuant to Executive Order 12866. (b) Following review and an affirmative ‘‘significance’’ determination by OMB/OIRA pursuant to Executive Order 12866, the guidance document will be reviewed by the Senior Policy Committee which may recommend that it be approved by the Director for issuance as a ‘‘significant’’ guidance document and the Agency may issue the guidance following approval by the Director. (c) If the guidance document is determined by OMB/OIRA not to be ‘‘significant’’ within the meaning of § 313.4, the Agency or office within the Agency may proceed to issue the guidance. § 313.6 Notice-and-comment procedures. (a) Except as provided in paragraph (b) of this section, any proposed Peace Corps guidance document determined to be ‘‘significant’’ within the meaning of § 313.4 shall be subject to the following notice-and-comment procedures. The Agency shall publish a notification in the Federal Register announcing that a draft of the proposed guidance document is publicly available, shall post the draft guidance document on its website, shall invite public comment on the draft document for a minimum of 30 days, and shall prepare and post a public response to major concerns raised in the comments, as appropriate, on its website, 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 the Agency finds, in consultation with OMB/OIRA, that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. E:\FR\FM\18NOR1.SGM 18NOR1 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations § 313.7 Petition procedures for withdrawal or modification of a guidance document. Any member of the public may submit a petition to the Peace Corps requesting the Agency to consider withdrawing or modifying any guidance document. Such requests shall be sent by email to policy@peacecorps.gov or mailed to the Peace Corps, Office of the General Counsel, 1275 First St. NW, Washington, DC 20526. The Peace Corps will respond to a petition within 90 days of receipt by the Agency. § 313.8 rights. No judicial review or enforceable This part is intended to improve the internal management of the Peace Corps. As such, it is for the use of Agency 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: November 5, 2020. Timothy Noelker, General Counsel. Table of Contents I. Background II. Discussion of Changes III. Legal Considerations IV. Final Economic Analysis and Regulatory Flexibility Act Certification V. Office of Management and Budget Review Under the Paperwork Reduction Act of 1995 VI. Unfunded Mandates Reform Act [FR Doc. 2020–24915 Filed 11–17–20; 8:45 am] BILLING CODE 6051–01–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1912 [Docket No. OSHA–2020–0010] RIN 1218–AD33 Advisory Committee Regulation Occupational Safety and Health Administration (OSHA), Labor. ACTION: Final rule. AGENCY: The Maritime Advisory Committee for Occupational Safety and Health was formed in 1995 as a discretionary committee under Section 7(b) of the Occupational Safety and Health Act of 1970 (OSH Act) to advise, consult with, and make recommendations on matters relating to the maritime industry. On December 20, 2019, the President signed the National Defense Authorization Act for Fiscal Year 2020, which establishes a Maritime Advisory Committee on Occupational Safety and Health (MACOSH) as a statutorily-mandated entity of indefinite duration. In this final rule, OSHA amends the regulation on advisory committee policies and procedures to khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:14 Nov 17, 2020 implement this change in the authority for MACOSH. DATES: This final rule becomes effective on December 18, 2020. FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger, OSHA Office of Communications, Occupational Safety and Health Administration, U.S. Department of Labor, telephone: (202) 693–1999; email: meilinger.francis2@dol.gov. General information and technical inquiries: Maureen Ruskin, Directorate of Standards and Guidance, Occupational Safety and Health Administration, U.S. Department of Labor, telephone (202) 693–1950; email: ruskin.maureen@dol.gov. Copies of this Federal Register document: Electronic copies are available at https://www.regulations.gov, the Federal eRulemaking Portal. This Federal Register document, as well as news releases and other relevant information, also are available on OSHA’s web page at https:// www.osha.gov. SUPPLEMENTARY INFORMATION: Jkt 253001 I. Background The maritime industry is a high-risk industry where activities vary from manufacturing-type work in shipyards to transportation-type work in longshoring, as well as commercial fishing operations. Historically, the maritime industry has experienced a high rate of work-related fatalities, injuries, and illnesses. MACOSH was initially formed in 1995 (60 FR 8425) as a discretionary committee authorized by Section 7(b) of the OSH Act to advise, consult with, and make recommendations to the Secretary of Labor (Secretary) on matters relating to the maritime industry. It was preceded by the Shipyard Employment Standards Advisory Committee, which advised OSHA on shipyard issues from 1988 to 1995. The committee name was changed to reflect the broadened scope of advice that OSHA sought from the committee, which had been expanded to include all types of maritime employment. MACOSH’s advisory activities support OSHA’s strategic goal of promoting safe and healthful workplaces by providing collective PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 73421 industry knowledge and expertise, not otherwise readily available to the Secretary, to assist in addressing the unique hazards found within the maritime sector. The committee’s work has led to the development of guidance and standards to promote the reduction of injuries, illnesses, and fatalities in the maritime industry. On December 20, 2019, the President signed the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116–92) (NDAA), which establishes an advisory committee for the maritime industry as an entity of indefinite duration. Specifically, section 3510 of the NDAA amended section 7 of the OSH Act (29 U.S.C. 656) by adding a paragraph (d) to establish a Maritime Occupational Safety and Health Advisory Committee that is a continuing body and provides advice to the Secretary in formulating maritime industry standards and regarding matters pertaining to the administration of the OSH Act related to the maritime industry. Paragraph (d) further provides that the composition of such advisory committee must be consistent with the advisory committees established under paragraph (b) and that a member of the advisory committee who is otherwise qualified may continue to serve until a successor is appointed. It also allows the Secretary to promulgate or amend regulations as necessary to implement paragraph (d). In order to implement the new Section 7(d) of the OSH Act, this final rule amends the text of 29 CFR part 1912 to include an advisory committee for the maritime industry of indefinite duration. The name of this committee will be Maritime Advisory Committee on Occupational Safety and Health (MACOSH). This amendment does not change the composition of the committee, which must remain consistent with other advisory committees established under section 7(b). However, it is necessary to revise 29 CFR part 1912 to describe the organization and operation of MACOSH. This rule is not an Executive Order (E.O.) 13771 regulatory action because this rule is not significant under E.O. 12866. II. Discussion of Changes OSHA’s regulations, 29 CFR part 1912, Advisory Committees on Standards, set forth the policies and procedures governing the composition and function of OSHA advisory committees. Pursuant to the NDAA’s amendment of the OSH Act, MACOSH is now designated as a statutorily mandated advisory committee. To implement this change, this final rule E:\FR\FM\18NOR1.SGM 18NOR1

Agencies

[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73418-73421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24915]


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PEACE CORPS

22 CFR Part 313

RIN 0420-AA33


Peace Corps Guidance Documents

AGENCY: The Peace Corps.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule sets forth internal Agency policies, processes 
and procedures governing development, review and clearance of guidance 
documents.

DATES: This rule is effective November 18, 2020.

FOR FURTHER INFORMATION CONTACT: David van Hoogstraten, (202) 692-2150, 
[email protected].

SUPPLEMENTARY INFORMATION:

Guidance Document Procedures

    This final rule responds to Executive Order 13891 titled: 
``Promoting the Rule of Law through Improved Agency Guidance 
Documents,'' (October 9, 2019) in which Federal agencies are required 
to set forth policies, processes and procedures for issuing guidance 
documents.
    These policies, processes and procedures apply to all guidance 
documents which are a statement of agency policy or interpretation 
concerning a statute, regulation, or technical matter within the 
jurisdiction of the Agency intended to have general applicability and 
future effect on the behavior of the public, but not intended to have 
the force or effect of law and not otherwise required by statute to 
satisfy the rulemaking procedures of the Administrative Procedure Act.
    This final rule sets forth Agency policies, processes and 
procedures regarding the development, review and clearance of guidance 
documents. Whenever a guidance document is determined to be 
``significant,'' this will include legal review, review by the Agency's 
Senior Policy Committee and, following review and approval by the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs (OMB/OIRA), review and approval by the Director of the Peace 
Corps. Prior to issuance by the Agency, all guidance documents must be 
written in plain English and not impose substantive legal requirements 
above and beyond statute or regulation. If a guidance document purports 
to describe, approve, or recommend specific conduct that goes beyond 
what is required by existing law, it must include a clear and prominent 
statement that the contents of the guidance

[[Page 73419]]

document do not have the force and effect of law and are not meant to 
bind the public. The procedures for the development and review of 
guidance documents can be found at 22 CFR 313.1 and 313.4.
    This final rule also incorporates other policies and procedures, 
such as when guidance documents are subject to notice and an 
opportunity for public comment and how they will be made available to 
the public after issuance. See 22 CFR 313.3. These procedures are 
intended to ensure that the public has access to guidance documents 
issued by the Agency and a fair and sufficient opportunity to comment 
on them when appropriate and practicable.

Administrative Procedure

    Under the Administrative Procedure Act, an agency may waive the 
normal notice and comment procedures if the action is a rule of agency 
organization, procedure, or practice. See 5 U.S.C. 553(b)(3)(A). Since 
this final rule incorporates into the Code of Federal Regulations 
existing internal procedures applicable to the Agency's administrative 
procedures, notice and comment are not necessary.

Rulemaking Analyses and Notices

A. Executive Order 12866 and Agency Regulatory Policies and Procedures

    This rulemaking is not a significant regulatory action under 
Executive Order 12866. The Agency does not anticipate that this 
rulemaking will have an economic impact on regulated entities. This is 
a rule of Agency policy, procedure and practice. The final rule 
describes the manner in which the Agency handles internally the 
promulgation and processing of guidance documents.

B. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs)

    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

C. Regulatory Flexibility Act

    Since notice and comment rulemaking is not necessary for this rule, 
the provisions of the Regulatory Flexibility Act (Pub. L. 96-354, 5 
U.S.C. 601-612) do not apply.

D. Executive Order 13132 (Federalism)

    Executive Order 13132 requires agencies to ensure meaningful and 
timely input by State and local officials in the development of 
regulatory policies that may have a substantial, direct effect on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This action has been analyzed in 
accordance with the principles and criteria contained in the Executive 
order, and the Agency has determined that this action will not have a 
substantial direct effect or federalism implications on the States and 
would not preempt any State law or regulation or affect the States' 
ability to discharge traditional State governmental functions. 
Therefore, consultation with the States is not necessary.

E. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments.'' Because this rulemaking 
does not significantly or uniquely affect the communities of the Indian 
tribal governments or impose substantial direct compliance costs on 
them, the funding and consultation requirements of Executive Order 
13175 do not apply.

F. Paperwork Reduction Act

    The Agency has determined there are no new information collection 
requirements associated with this final rule.

G. National Environmental Policy Act

    The Agency has analyzed the environmental impacts of this action 
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321 et seq.), has determined that the purpose of this 
rulemaking is to update the Agency's administrative procedures for 
guidance documents and does not anticipate the action will have any 
environmental impacts.

List of Subjects in 22 CFR Part 313

    Administrative practice and procedure.

0
For the reasons set out in the preamble, the Peace Corps adds 22 CFR 
part 313 to read as follows:

PART 313--GUIDANCE PROCEDURES

Sec.
313.1 General; definition of ``guidance documents'' covered by this 
part.
313.2 Guidance documents; required elements.
313.3 Public access to guidance documents.
313.4 Definition of ``significant guidance document.''
313.5 Procedures for guidance documents identified as 
``significant.''
313.6 Notice-and-comment procedures.
313.7 Petition procedures for withdrawal or modification of a 
guidance document.
313.8 No judicial review or enforceable rights.

    Authority:  22 U.S.C. 2501 et seq.


Sec.  313.1  General; definition of ``guidance documents'' covered by 
this part.

    (a) This part governs Peace Corps (Agency) employees and 
contractors involved with all phases of issuing Agency guidance 
documents.
    (b) For purposes of this part, the term ``guidance document'' means 
a statement of Agency policy or interpretation concerning a statute, 
regulation, or technical matter within the jurisdiction of the Agency 
intended to have general applicability and future effect on the 
behavior of the public, but which is not intended to have the force or 
effect of law and is not otherwise required by statute to satisfy the 
rulemaking procedures specified in 5 U.S.C. 553 or 5 U.S.C. 556. The 
term is not limited to formal written documents and may include, 
without limitation, letters, memoranda, circulars, bulletins, 
advisories, as well as video, audio, and web-based formats. See OMB 
Bulletin 07-02, ``Agency Good Guidance Practices,'' (January 25, 2007) 
(``OMB Good Guidance Bulletin'').
    (c) The following shall not be considered ``guidance documents'' 
for purposes of this part:
    (1) Rules exempt from rulemaking requirements under 5 U.S.C. 
553(a);
    (2) Rules of agency organization, procedure, or practice;
    (3) Decisions of agency adjudications under 5 U.S.C. 554 or similar 
statutory provisions;
    (4) Internal executive branch legal advice or legal advisory 
opinions addressed to executive branch officials;
    (5) Agency statements of specific applicability, including advisory 
or legal opinions directed to particular parties about circumstance-
specific questions (e.g., case or investigatory letters responding to 
complaints, warning letters), notices regarding particular locations or 
facilities (e.g., guidance pertaining to the use, operation, or control 
of a government facility or property), and correspondence with 
individual persons or entities (e.g., congressional correspondence), 
except documents ostensibly directed to a particular party but designed 
to guide the conduct of the broader regulated public;
    (6) Legal briefs, other court filings, or positions taken in 
litigation or enforcement actions;
    (7) Agency statements that do not set forth a policy on a 
statutory, regulatory, or technical issue or an interpretation of a 
statute or regulation, including speeches and individual presentations,

[[Page 73420]]

editorials, media interviews, press materials, or congressional 
testimony that do not set forth for the first time a new regulatory 
policy;
    (8) Guidance pertaining to military or foreign affairs functions;
    (9) Grant solicitations and awards;
    (10) Contract solicitations and awards; or
    (11) Purely internal Agency policies or guidance directed solely to 
Agency employees, contractors, volunteers, trainees, or invitees or to 
other Federal agencies that are not intended to have substantial future 
effect on the behavior of regulated parties.
    (d) The Peace Corps will not cite, use, or rely upon a guidance 
document that is rescinded, except for the purpose of establishing 
historical fact. Guidance documents not on an Agency website, as set 
forth in this part, are considered to be rescinded.


Sec.  313.2  Guidance documents; required elements.

    Each guidance document proposed to be issued by the Agency shall:
    (a) Comply with all relevant statutes and regulation;
    (b) Identify or include for each guidance document:
    (1) The term ``guidance'' or its functional equivalent;
    (2) A unique identifier;
    (3) The issuance date, posting date, and the issuing office within 
the Agency;
    (4) The activity or entities to which the guidance applies;
    (5) Citations to applicable statutes and regulations;
    (6) A statement noting whether the guidance is intended to revise 
or replace any previously issued guidance and, if so, sufficient 
information to identify the previously issued guidance; and
    (7) A summary of the subject matter covered in the guidance 
document at the top of the document.
    (c) Avoid use of mandatory language, such as ``shall,'' ``must,'' 
``required,'' or ``requirement,'' unless the language is describing an 
established statutory or regulatory requirement or is addressed to 
Agency's staff and will not foreclose the Agency's consideration of 
positions advanced by affected private parties;
    (d) Be written in plain, understandable English; and
    (e) Clearly and prominently state that the contents of the document 
do not have the force and effect of law and are not meant to bind the 
public, and the document is intended only to provide clarity to the 
public regarding existing requirements under the law or Agency 
policies.


Sec.  313.3  Public access to guidance documents.

    The Agency, whenever it issues a guidance document as defined in 
this part, shall:
    (a) Ensure it is identified by the document's title and date of 
issuance or revision and is placed on its website within a single, 
searchable, indexed database, and available to the public;
    (b) Note on an Agency 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 an Agency website a means for the 
public to comment electronically on guidance documents that are subject 
to the notice-and-comment procedures and to submit requests 
electronically for issuance, reconsideration, modification, or 
rescission of guidance documents in accordance with Sec.  313.6; and
    (d) Designate the Office of the General Counsel to receive and 
address any complaints from the public that the Agency is not following 
the requirements of E.O 13891, entitled ``Promoting the Rule of Law 
through Improved Agency Guidance Documents'' (October 9, 2019), or is 
improperly treating a guidance document as a binding requirement.


Sec.  313.4  Definition of ``significant guidance document.''

    (a) A ``significant guidance document'' is a guidance document that 
will be disseminated to the general public and that may reasonably be 
anticipated:
    (1) To 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) To create serious inconsistency or otherwise interfere with an 
action taken or planned by another Federal agency;
    (3) To alter materially the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or
    (4) To 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.  313.1(c) or any other 
category of guidance documents exempted by the Agency in consultation 
with the Office of Management and Budget, Office of Information and 
Regulatory Affairs (OMB/OIRA).
    (c) Significant guidance documents must be reviewed by OMB/OIRA 
under E.O. 12866 before issuance; and must demonstrate compliance with 
the applicable requirements for regulations or rules, including 
significant regulatory actions, set forth in E.O. 12866, E.O. 13563, 
E.O. 13609, E.O. 13771 and E.O. 13777.


Sec.  313.5   Procedures for guidance documents identified as 
``significant.''

    (a) Whenever a guidance document is proposed to be issued by the 
Agency, a copy of the proposed guidance document will be reviewed by 
the Office of the General Counsel and provided to OMB/OIRA for a 
``significance'' determination pursuant to Executive Order 12866.
    (b) Following review and an affirmative ``significance'' 
determination by OMB/OIRA pursuant to Executive Order 12866, the 
guidance document will be reviewed by the Senior Policy Committee which 
may recommend that it be approved by the Director for issuance as a 
``significant'' guidance document and the Agency may issue the guidance 
following approval by the Director.
    (c) If the guidance document is determined by OMB/OIRA not to be 
``significant'' within the meaning of Sec.  313.4, the Agency or office 
within the Agency may proceed to issue the guidance.


Sec.  313.6  Notice-and-comment procedures.

    (a) Except as provided in paragraph (b) of this section, any 
proposed Peace Corps guidance document determined to be ``significant'' 
within the meaning of Sec.  313.4 shall be subject to the following 
notice-and-comment procedures. The Agency shall publish a notification 
in the Federal Register announcing that a draft of the proposed 
guidance document is publicly available, shall post the draft guidance 
document on its website, shall invite public comment on the draft 
document for a minimum of 30 days, and shall prepare and post a public 
response to major concerns raised in the comments, as appropriate, on 
its website, 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 the Agency finds, in consultation with 
OMB/OIRA, that notice and public comment thereon are impracticable, 
unnecessary, or contrary to the public interest.

[[Page 73421]]

Sec.  313.7  Petition procedures for withdrawal or modification of a 
guidance document.

    Any member of the public may submit a petition to the Peace Corps 
requesting the Agency to consider withdrawing or modifying any guidance 
document. Such requests shall be sent by email to [email protected] 
or mailed to the Peace Corps, Office of the General Counsel, 1275 First 
St. NW, Washington, DC 20526. The Peace Corps will respond to a 
petition within 90 days of receipt by the Agency.


Sec.  313.8   No judicial review or enforceable rights.

    This part is intended to improve the internal management of the 
Peace Corps. As such, it is for the use of Agency 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: November 5, 2020.
Timothy Noelker,
General Counsel.
[FR Doc. 2020-24915 Filed 11-17-20; 8:45 am]
BILLING CODE 6051-01-P
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