Title 29

SECTION 4908.3

4908.3 Procedures for issuing guidance documents.

§ 4908.3 Procedures for issuing guidance documents.

(a) Required elements of guidance documents. A PBGC guidance document will comply with all relevant statutes and regulations and include, at a minimum, all of the following:

(1) The term “guidance;”

(2) Identification of PBGC as the agency issuing the guidance document;

(3) Identification of the activities to which and the persons to whom the guidance document applies;

(4) The date of issuance;

(5) A statement if it is a revision to a previously issued guidance document and, if so, identification of the guidance document that it replaces;

(6) The title of the guidance document and a unique identification number;

(7) The citation to the statutory provision or regulation (in Code of Federal Regulations format) to which it applies or which it interprets;

(8) A short summary of the subject matter covered in the guidance document at the top of the document; and

(9) A prominent statement that “The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or PBGC policies.” PBGC will modify the statement to reflect when the guidance document is authorized by law or incorporated into a contract.

(b) Plain English requirement. Guidance documents will be written in plain English and avoid using mandatory language, such as “shall,” “must,” “required,” or “requirement,” unless the language is describing an established statutory or regulatory requirement, is authorized by law, or is addressed to PBGC staff and will not foreclose PBGC's consideration of positions advanced by affected private parties.

(c) Review and clearance procedures - (1) In general. All guidance documents proposed to be issued will be reviewed and cleared by the General Counsel, in consultation with the Chief Policy Officer and the Director.

(2) OMB significance determination. Before issuance, unless waived by OMB, PBGC will send a guidance document to OMB for it to determine whether the guidance document is a significant guidance document within the meaning of Executive Order 13891. Requests for waivers will be approved by the Director.

(3) Nonsignificant guidance documents. If OMB determines that a guidance document is not a significant guidance document, PBGC will post the guidance document at www.pbgc.gov/guidance.

(4) Significant guidance documents. If OMB determines that a guidance document is a significant guidance document, PBGC will follow the procedures in § 4908.4.

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