Title 34

SECTION 9.16

9.16 Rescinded significant guidance documents.

§ 9.16 Rescinded significant guidance documents.

(a) To rescind a significant guidance document, the Department will -

(1) In consultation with OIRA, provide a period of public notice and comment of at least 30 calendar days with respect to the rescission, unless the rescission reflects statutory or regulatory changes or some other reason that does not involve an independent exercise of the Department's policy-making discretion;

(2) Submit the proposed rescission to OMB for review; and

(3) Publish a notice in the Federal Register announcing the rescission.

(b) The Department and its components may not cite, use, or rely on rescinded guidance documents or rescinded significant guidance documents, except to establish historical facts.