Title 22

SECTION 212.34

212.34 Notice-and-comment procedures.

§ 212.34 Notice-and-comment procedures.

(a) Except as provided in paragraph (b) of this section, all proposed USAID guidance documents determined to be a “significant guidance document” within the meaning of § 212.31 shall be subject to the following notice-and-comment procedures:

(1) The issuing B/IO within USAID shall publish a notice in the Federal Register to announce that a draft of the proposed guidance document is publicly available; post the draft guidance document on the Agency's guidance portal; invite public comment on the draft document for a minimum of 30 days; and

(2) Prepare and post a public response to major concerns raised in the comments, as appropriate, on USAID's guidance portal, when the Agency finalizes and issues the guidance document.

(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 Bureau for Management finds, in consultation with GC, the proposing B/IO, and USAID's RRO, 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 therefore in the guidance issued).

(c) Where appropriate, the Bureau for Management and the proposing B/IO may recommend to the RRO that a particular guidance document that is otherwise of importance to the Agency's interests shall also be subject to the notice-and-comment procedures described in paragraph (a) of this section.