(a) Except as provided in paragraph (b) of this section, all proposed Federal Mediation
and Conciliation Service guidance documents determined to be a “significant guidance
document” within the meaning of § 1473.8 shall be subject to the following informal notice-and-comment procedures. The Office of General Counsel shall publish a notice in the Federal Register announcing
that a draft of the proposed guidance document is publicly available, shall post the
draft guidance document on its website, shall invite public comment on the draft document
for a minimum of 30 days, and shall prepare and post a public response to major concerns
raised in the comments, as appropriate, on its guidance portal, 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 the Office
of General Counsel finds, in consultation with OIRA, the proposing department, and
the Director, 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 therefor in the guidance issued).
(c) Where appropriate, the Office of General Counsel or the proposing department may
recommend to the Director that a particular guidance document that is otherwise of
importance to the Service's interests shall also be subject to the informal notice-and-comment
procedures described in paragraph (a) of this section.
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