§ 51.17 - Notice-and-comment procedures.

§ 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 § 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(2) Post the draft guidance document on its website;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.