Procedures for issuing guidance documents.

§ 29.2 Procedures for issuing guidance documents. (a) The Department will indicate prominently that each guidance document does not bind the public, except as authorized by law or as incorporated into a contract. (b) The Department will comply with Executive Orders 12866, 13563, 13609, 13771 and 13777 in issuing guidance documents. (c)(1) For a significant guidance document, as determined by the Administrator unless the Department and the Administrator agree that exigency, safety, health, or other compelling cause warrants an exception from some or all requirements, the Department will: (i) Provide a period of public notice and comment of at least 30 days before issuance of a final guidance document, and a public response from the Department to major concerns raised in comments, except when the Department for good cause finds (and incorporates such finding and a brief statement of reasons therefor into the guidance document) that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest; (ii) Seek approval on a non-delegable basis by the Secretary or by a Department component head appointed by the President, before issuance; and (iii) Submit the significant guidance document for review by OIRA under Executive Order 12866 before issuance. (2) This section does not apply to pre-enforcement rulings. (3) This section does not apply to any document that falls within a class which the Administrator or the Administrator's designee has determined is exempt from consideration as significant guidance documents.