Quiero saber acerca de...

Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations 2 To create serious inconsistency or otherwise interfere with an action taken or planned by another Federal Department or 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 that arise out of legal mandates, the Presidents 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 212.26 or any other category of guidance documents exempted in writing by OMB/OIRA.
c OMB/OIRA must review significant and economically significant guidance documents under E.O. 12866
before issuance, and they 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.
d Even if not significant, USAID
will consider a guidance document of regulatory impact as otherwise of importance to the Agencys interests within the meaning of this paragraph if it might reasonably be anticipated:
1 To relate to a major program, policy, or activity of the Agency or a high-profile issue that is pending for decision before the Agency;
2 To involve one of the Administrators top policy priorities;
3 To garner significant press or Congressional attention; or 4 To raise significant questions or concerns from constituencies of importance to the Agency, such as Committees of Congress, States or Indian tribes, the White House or other Departments and Agencies of the Executive Branch, courts, consumer or public-interest groups, or leading representatives of industry.
e As noted in paragraphs a through d of this section, guidance documents for the purposes of this rule, including this subpart, do not include those documents identified in this subpart O.

jbell on DSKJLSW7X2PROD with RULES

212.33

Designation procedures.

a The Bureau for Management may request a B/IO within USAID to prepare a designation request for certain guidance documents. Designation requests must include the following information:
1 A summary of the guidance document; and 2 The B/IOs recommended designation of not significant,
VerDate Sep<11>2014

16:32 Jan 04, 2021

Jkt 253001

significant, or economically significant, as well as a justification for that designation.
b Except as otherwise provided in paragraph c of this section, the Agency will seek significance determinations from OMB/OIRA for certain guidance documents, as appropriate, in the same manner as for rulemakings. Prior to publishing these guidance documents, after internal consultation and review, the Bureau for Management shall submit the document to OMB/OIRA for review under the provisions in Section 6 of E.O. 12866 to determine if it meets the definition of significant or economically significant.
c All guidance documents as with rulemakings, receive a significance determination from OMB/OIRA, unless explicitly exempt from E.O. 12866. Note that the only documents that do not receive designations are those that fall outside the definition of guidance or within a group categorically considered nonsignificant as agreed upon by OMB/
OIRA in Memorandum M2002.
212.34

Notice-and-comment procedures.

a Except as provided in paragraph b of this section, all proposed USAID
guidance documents determined to be a significant guidance document within the meaning of 212.31 shall be subject to the following notice-and-comment procedures:
1 The issuing B/IO within USAID
shall publish a notice in the Federal Register to announce that a draft of the proposed guidance document is publicly available; post the draft guidance document on the Agencys guidance portal; invite public comment on the draft document for a minimum of 30 days; and 2 Prepare and post a public response to major concerns raised in the comments, as appropriate, on USAIDs guidance portal, when the Agency finalizes and issues the guidance document.
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 Bureau for Management finds, in consultation with GC, the proposing B/IO, and USAIDs RRO, good cause 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 therefore in the guidance issued.
c Where appropriate, the Bureau for Management and the proposing B/IO
may recommend to the RRO that a particular guidance document that is
PO 00000

Frm 00031

Fmt 4700

Sfmt 4700

253

otherwise of importance to the Agencys interests shall also be subject to the notice-and-comment procedures described in paragraph a of this section.
212.35

Petitions for guidance.

Any person may petition the Agency to withdraw or modify a particular guidance document by using the procedures found in 212.26c. USAID
should respond to all requests in a timely manner, but no later than 90 days after receipt of the request.
212.36

Rescinded guidance.

No B/IO within USAID may cite, use, or rely on guidance documents that are rescinded, except to establish historical facts.
212.37

Exigent circumstances.

In emergency situations, or when a statutory deadline or court order requires the issuing B/IO within USAID
to act more quickly than normal review procedures allow, the issuing B/IO shall coordinate with the Bureau for Management to notify OMB/OIRA as soon as possible and, to the extent practicable, shall comply with the requirements of this subpart at the earliest opportunity. Wherever practicable, the issuing B/IO should schedule its proceedings to permit sufficient time to comply with the procedures set forth in this subpart.
212.38 Reports to Congress and the Government Accountability Office.

Unless otherwise determined in writing, it is the policy of USAID that upon issuing a guidance document determined to be significant within the meaning of 212.31 the issuing B/
IO shall submit a report to Congress and the Government Accountability Office in accordance with the procedures described in 5 U.S.C. 801 the Congressional Review Act CRA.
Under the CRA, USAID must coordinate with OMB/OIRA regarding a major determination for all guidance documents, irrespective of whether the Agency otherwise would submit a rule for regulatory review Memorandum1914.
212.39
rights.

No judicial review or enforceable
This subpart is intended to improve the internal management of USAID. As such, it is for 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.

E:FRFM05JAR1.SGM

05JAR1