The Pension Benefit Guaranty Corporation (PBGC) is issuing its final rule on procedures for PBGC guidance documents in accordance with Executive Order (EO) 13891, issued by President Donald J. Trump on Oct. 9, 2019.
This final rule sets forth the PBGC procedures for issuing PBGC guidance documents and adds to the Code of Federal Regulations a new 29 CFR part 4908, which implements the requirements of EO 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents,” which requires agencies to set forth processes and procedures for issuing guidance documents.
The final rule provides the following procedures:
- Guidance documents will include specified information, including a statement that a guidance document does not bind the public, and will be posted at http://www.pbgc.gov/guidance.
- Significant guidance documents will have a 30-day public notice and comment period, be reviewed by the Office of Management and Budget (OMB), and meet other requirements.
- Members of the public may request withdrawal or modification of a guidance document.
Effective Date and Availability
This final rule is effective on Aug. 26, 2020, the date it is set to be published in the Federal Register. It is available at http://www.federalregister.gov/d/2020-17952.
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