Code of Federal Regulations Title 43. Public Lands:  Interior § 43.51.11 Approval procedures for guidance documents identified as “significant.”

(a) Guidance documents proposed to be issued by a Bureau/Office must be submitted (or a summary of it) to the Office of the Executive Secretariat and Regulatory Affairs (OES). OES will submit these documents or summaries of them to OIRA for significance determinations. If OIRA determines that a proposed guidance document is significant, then the Bureau/Office must obtain a Z–RIN and clearance through the Data Tracking System (DTS) or successor data management system. Each proposed guidance document determined to be significant must be approved by the Secretary before issuance.

(b) As with regulations or rules, including significant regulatory actions, OES will submit significant guidance documents to OIRA consistent with the requirements set forth in § 51.13(c). In addition, OES may determine that it is appropriate to coordinate with the Office of the Secretary and OIRA in the review of guidance documents.

(c) Significant guidance documents must be reviewed by OIRA under E.O. 12866 before issuance and must demonstrate compliance with the applicable requirements for regulations or rules, including significant regulatory actions.

(d) If the guidance document is determined not to be significant as defined by § 51.13, OES will advise the proposing Bureau/Office to proceed with issuance of the guidance through its standard clearance process.