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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations
E.O. Because this rule is one of agency organization, procedure, or practice, it is exempt from the requirement to provide prior notice and opportunity for public comment.
B. Regulatory Planning and Review E.O. 12866 and E.O. 13563
E.O. 12866 provides that OIRA will review all significant rules. E.O. 13563
reaffirms the principles of E.O. 12866, calling for improvements in the Federal governments regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory objectives.
OMB determined that this final rule does not meet the requirements for a significant regulatory action under E.O.
12866, as supplemented by E.O. 13563, and therefore it was not subject to review.
C. Regulatory Flexibility Act The Regulatory Flexibility Act, as amended RFA, 5 U.S.C. 601 et seq., and E.O. 13272 do not apply to this rulemaking because it is not subject to the notice and comment requirements of 5 U.S.C. 553b.
D. 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 will not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year, and it will not have a significant or unique effect on State, local, or Tribal governments, or the private sector.
E. 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.
F. Federalism E.O. 13132
Under the criteria in section 1 of E.O.
13132, this rule 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.

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G. National Environmental Policy Act The purpose of this rulemaking is to formalize the CEQs administrative procedures for issuing guidance documents, as required by E.O. 13891.
CEQ has determined that the final rule is a non-major Federal action under the National Environmental Policy Act, 42

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U.S.C. 4321 et seq., and would not have any effect on the environment because it merely outlines internal CEQ
administrative procedures and does not authorize any activity or commit resources to a project that may affect the environment.
H. Paperwork Reduction Act This rule does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule will not impose recordkeeping or reporting requirements on State, local, or Tribal governments, individuals, businesses, or organizations.
List of Subjects in 40 CFR Part 1519
Administrative practice and procedure, Guidance.
Mary B. Neumayr, Chairman.

For the reasons stated in the preamble, the Council on Environmental Quality adds 40 CFR part 1519 as follows:

PART 1519GUIDANCE DOCUMENTS
Sec.
1519.1 Purpose.
1519.2 Guidance document procedures.
1519.3 Procedures for the public to request withdrawal or modification of a guidance document.
1519.4 Significant guidance documents.
Authority: 42 U.S.C. 43214347; 42 U.S.C.
43714375; and E.O. 13891, 84 FR 55235.
1519.1

Purpose.

a This part implements Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents, and reflects the policies described in that order. The provisions in this part address the Council on Environmental Qualitys procedures for the development and issuance of agency guidance documents.
This part explains what constitutes guidance documents, and sets forth the minimum requirements for guidance documents, the procedures to request withdrawal or modification of guidance documents, and the additional requirements and procedures for significant guidance documents.
b This part is intended to improve the internal management of the Council on Environmental Quality. It 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.

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c If Executive Order 13891 or any provision thereof is rescinded or superseded, this part remains in effect.
1519.2

Guidance document procedures.

a Definition of guidance documents.
For purposes of this part, guidance documents are agency statements of general applicability, intended to have future effect on the behavior of regulated parties, that set forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation.
b Documents excluded from the definition of guidance documents.
Guidance documents do not include:
1 Agency statements of specific, rather than general, applicability.
2 Agency statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation.
3 Legislative rules promulgated under 5 U.S.C. 553 or similar statutory provisions, or exempt from rulemaking requirements under 5 U.S.C. 553a.
4 Rules of agency organization, procedure, or practice that are not anticipated to have substantial future effect on the behavior of regulated parties or the public.
5 Decisions of agency adjudication.
6 Documents or agency statements that are directed solely to the Council on Environmental Quality or other agencies or personnel of such agencies that are not anticipated to have substantial future effect on the behavior of regulated parties or the public.
7 Legal briefs and other court filings.
8 Legal advice or opinions from the Council on Environmental Qualitys Office of the General Counsel.
9 Categories of guidance documents made exempt from Executive Order 13891 by the Administrator of the Office of Management and Budgets Office of Information and Regulatory Affairs through memoranda issued pursuant to section 4b of Executive Order 13891.
c Elements of guidance documents.
In general, each guidance document must:
1 Provide the title of the guidance document;
2 Provide a unique document identification number;
3 Identify the Council on Environmental Quality and any office, as appropriate, issuing the guidance document;
4 Include the date of issuance;
5 Include the term guidance;
6 Include a disclaimer clarifying that it does not have the force and effect of law; is not meant to bind the public in any way; and is intended only to provide clarity to the public regarding
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