EO 13422 Title 3--The President (d) by striking in section 3(d)(3) "or rules" after "Regulations"; (e) by striking in section 3(e) "rule or" from "final rule or regulation"; (f) by striking in section 3(f) "rule or" from "rule or regulation"; (g) by inserting after section 3(f) the following: "(g) "Guidance document" means an agency statement of general ap- plicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an inter- pretation of a statutory or regulatory issue. (h) "Significant guidance document" -- (1) Means a guidance document disseminated to regulated entities or the general public that, for purposes of this order, may reasonably be anticipated to: (A) Lead to an annual effect of $100 million or more or adversely affect in a material way the economy, a sector of the economy, pro- ductivity, competition, iobs, the environment, public health or safe- ty, or State, local, or tribal governments or communities; (t\177) Create a serious inconsistency or otherwise interfere with an ac- tion taken or planned by another agency; (C) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or (D) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order; and (2) Does not include: (A) Guidance documents on regulations issued in accordance with the formal rulemaking provisions of 5 U.S.C. 556, 557; (t\177) Guidance documents that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense arti- cles and services; (C) Guidance documents on regulations that are limited to agency organization, management, or personnel matters; or (D) Any other category of guidance documents exempted by the Ad- ministrator of OIRA." Sec. 4. Section 4 is amended as follows: (a) Section 4(a) is amended to read as follows: "The Director may con- vene a meeting of agency heads and other government personnel as ap- propriate to seek a common understanding of priorities and to coordinate regulatory efforts to be accomplished in the upcoming year." (b) The last sentence of section 4(c)(\177) is amended to read as follows: "Unless specifically authorized by the head of the agency, no rulemaking shall commence nor be included on the Plan without the approval of the agency's Regulatory Policy Office, and the Plan shall contain at a min- imum:". (c) Section 4(c)(\177)(B) is amended by inserting "of each rule as well as the agency's best estimate of the combined aggregate costs and benefits of all its regulations planned for that calendar year to assist with the identification of priorities" after "of the anticipated costs and benefits".
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