Title 29

SECTION 4908.4

4908.4 Procedures for issuing significant guidance documents.

§ 4908.4 Procedures for issuing significant guidance documents.

(a) Procedures for proposed significant guidance documents - (1) In general. If OMB determines that a guidance document is a significant guidance document within the meaning of Executive Order 13891, the procedures in this section will apply unless otherwise agreed to by OMB and PBGC. PBGC will demonstrate to OMB how a significant guidance document complies with Executive Orders 12866, 13563, 13609, 13771, and 13777, as applicable.

(2) OMB review. If requested by OMB, PBGC will submit a proposed significant guidance document to OMB for review under Executive Order 12866 before issuance.

(3) Notice and comment. Except when PBGC for good cause finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest (and incorporates the finding and a brief statement of reasons for the finding into the significant guidance document), PBGC will -

(i) Publish a notice in the Federal Register announcing the availability of a proposed significant guidance document and a 30-day public notice and comment period; and

(ii) Provide an electronic method for the public to comment on the significant guidance document.

(b) Procedures for final significant guidance documents - (1) In general. PBGC will submit a final significant guidance document to OMB for review under Executive Order 12866 before issuance.

(2) Response to comments. PBGC will provide a public response to comments on a proposed significant guidance document either in a final significant guidance document or in a companion document that addresses major concerns raised in comments.

(c) Issuance. All proposed and final significant guidance documents will be signed by the Director on a non-delegable basis and posted at www.pbgc.gov/guidance.

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