Title 34

SECTION 9.3

9.3 Applicability.

§ 9.3 Applicability.

(a) This part governs all Department employees and contractors involved with any phase of rulemaking or guidance at the Department.

(b) Unless otherwise required by statute, this part applies to all Department regulations, which include all rules of general applicability promulgated by the Department that affect the rights or obligations of persons outside the Department, including substantive rules, interpretive rules, and rules prescribing agency procedures and practice requirements applicable to outside parties. This part applies to all regulatory actions intended to lead to the promulgation of a rule and any other generally applicable directives, circulars, or pronouncements that are intended to have the force or effect of law or that are required by statute to satisfy the rulemaking procedures specified in 5 U.S.C. 553 or 556.

(c) This part does not apply to the following:

(1) Any rulemaking in which a draft notice of proposed rulemaking was submitted to OMB before November 4, 2020.

(2) Rules addressed solely to internal agency management or personnel matters.

(3) Regulations related to Federal Government procurement and grants.

(4) Adjudications and investigations.

(5) Pleadings, briefs, and other filings in court or administrative proceedings.

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