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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations pursuant to E.O. 12866, Regulatory Planning and Review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in E.O. 13771.
The regulations added by this rule are intended to improve the internal management of USAID. As such, it is for the use of USAID 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 Departments and Agencies or other entities, its officers or employees, or any other person. Accordingly, we expect the economic impact of this rule, if any, to be minimal.
Regulatory Flexibility Act Because notice-and-comment rulemaking is not necessary for this rule, the provisions of the Regulatory Flexibility Act, Section 604 of Title 5 of the U.S.C. do not apply.
Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements that necessitate clearance by OMB.
List of Subjects in 22 CFR Part 212
Administrative practice, Freedom of Information Act FOIA, Procedures.
In consideration of the foregoing, and under the authority of E.O. 13891, the U.S. Agency for International Development USAID amends 22 CFR
part 212 as follows:
1. The authority citation for part 22
continues to read as follows:
Authority: Pub. L. 114185, 130 Stat. 538

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Subpart NRulemaking 212.25. Responsibilities.
Subpart OProcedures for Guidance Documents 212.26. General.
212.27. Review and clearance by the Office of the Bureau for Management.
212.28. Requirements for clearance.
212.29. Public access to effective guidance documents.
212.30. Good-faith cost estimates.
212.31. Approved procedures for guidance documents identified as significant or otherwise of importance to the Agencys interests.
212.32. Definitions of significant guidance document and guidance documents that are otherwise of importance to the Agencys interests.
212.33. Designation procedures.
212.34. Notice-and-comment procedures.

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212.25

Responsibilities.

a The Deputy Administrator serves as USAIDs Regulatory Reform Officer RRO. The RRO oversees implementation of regulatory-reform initiatives and policies to ensure USAID
effectively manages regulatory burdens, consistent with applicable law.
b The Assistant Administrator for Management serves as USAIDs Regulatory Policy Officer RPO and provides oversight for the Agencys internal rulemaking process. The RPO
must be involved in each stage of the regulatory process to foster the development of effective, innovative, and least-burdensome regulations.
c The Office of Management Policy, Budget, and Performance in the Bureau for Management M coordinates the rulemaking process and ensures the Agencys rulemaking activities comply with all statutory and regulatory requirements.
d The Initiating Program Office IPO
at USAID is the Bureau or Independent Office B/IO that provides subjectmatter expertise on regulatory matters that affect the IPOs programs.
e The Office of the General Counsel at USAID provides guidance on legal and procedural requirements during the Agencys rulemaking process.

212.26

Sec.

16:32 Jan 04, 2021

Subpart NRulemaking
Subpart OGuidance Procedures
2. Add subparts N and O, consisting of 212.25 through 212.40, to read as follows:

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212.35. Petitions for guidance.
212.36. Rescinded guidance.
212.37. Exigent circumstances.
212.38. Reports to Congress and the Government Accountability Office.
212.39. No judicial review or enforceable rights.
212.40. Use of guidance documents.

General.

a This subpart governs all employees of the United States Agency for International Development USAID
involved in any phase of issuing Agency guidance documents as defined by under E.O. 13891.
b This subpart applies to all guidance documents issued by all components of the Agency after January 5, 2021.
c For purposes of this subpart, the term guidance document includes any statement of Agency policy or interpretation that concerns a statute, regulation, or technical matter within the jurisdiction of the Agency that is intended to have general applicability and future effect, but is not intended to have the force or effect of law in its own right and is not otherwise required by statute to be implemented through the rulemaking procedures specified in 5

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U.S.C. 553. 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, and advisories, and may include video, audio, and web-based formats. See OMB
Bulletin 0702, Agency Good Guidance Practices.
d This subpart does not apply to the following:
1 Rules exempt from rulemaking requirements under 5 U.S.C. 553a;
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 management legal advice or legal advisory opinions addressed to executive 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 that pertains to the use, operation, or control of a U.S.
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, 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 guidance policies, such as Chapters of the ADS
directed solely to USAIDs employees, or to other Federal Departments and Agencies not intended to have substantial future effect on the behavior of regulated parties; USAIDs Country/
Regional Development Cooperation Strategies; the Agencys programmatic Policies and Strategies; Acquisition and Assistance Policy Directives AAPDs;
Application Guidelines; COVID19
Guidance; Food for Peace Information Bulletins FFPIBs; Guidance and Tools
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