[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12663-12664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04308]


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DEPARTMENT OF TRANSPORTATION


Announcement of Department of Transportation Portal for Guidance 
Documents

AGENCY: Office of the Secretary of Transportation (OST), U.S. 
Department of Transportation (DOT).

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of the U.S. Department 
of Transportation's guidance portal. This guidance portal will provide 
convenient public access to the Department's guidance documents, ensure 
transparent use of guidance documents, and implement the Executive 
Order titled, ``Promoting the Rule of Law Through Improved Agency 
Guidance Documents.''

DATES: The guidance portal is accessible by the public on the date of 
publication of this notice. All DOT guidance documents remaining in 
effect will be found through the guidance portal.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Office of Regulation, 
Office of the General Counsel, 202-493-0308, [email protected]. For 
technical questions related to information and technology, please 
contact Andrea Bouchard, Office of the Chief Information Officer, 202-
366-9974, [email protected].

SUPPLEMENTARY INFORMATION: On October 9, 2019, the President signed 
Executive Order (E.O.) 13891, titled: ``Promoting the Rule of Law 
Through Improved Agency Guidance Documents.'' \1\ Section 3(a) of the 
E.O. directs each Federal agency to establish or maintain on its 
website a single, searchable, indexed database that contains or links 
to all guidance documents in effect from that agency or its components. 
Guidance documents are defined by section 2(b) of the E.O. as an agency 
statement of general applicability, intended to have future effect on 
the behavior of regulated parties, that sets forth a policy on a 
statutory, regulatory, or technical issue, or an interpretation of a 
statute or regulation. The E.O. excludes from this definition rules 
promulgated pursuant to notice and comment under section 553 of title 
5, United States Code, or

[[Page 12664]]

similar statutory provisions; rules exempt from rulemaking requirements 
under section 553(a) of title 5, United States Code; rules of agency 
organization, procedure or practice; decisions of agency adjudications; 
internal guidance documents directed to the issuing agency or other 
agencies and that are not intended to have substantial future effect on 
the behavior of regulated parties; or internal executive branch legal 
advice or legal opinions addressed to executive branch officials. The 
Department defines ``guidance document'' in its regulations on guidance 
procedures at 49 CFR 5.25(c)-(d).
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    \1\ 84 FR 55235 (Oct. 15, 2019).
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    On October 31, 2019, the Office of Management and Budget (OMB) 
issued Memorandum M-20-02, titled: ``Guidance Implementing Executive 
Order 13891, Titled `Promoting the Rule of Law Through Improved Agency 
Guidance Documents.' '' The memorandum requires Federal agencies to 
establish the database mandated by the E.O. no later than February 28, 
2020. In addition, the memorandum asks agencies to publish in the 
Federal Register an announcement of the existence of that guidance 
portal.
    Accordingly, this notice announces that DOT has established its 
guidance portal at https://www.transportation.gov/guidance. This is a 
single, searchable, indexed website that contains all of DOT's guidance 
documents currently in effect or links to sites of DOT component 
agencies that contains guidance documents for that component agency. To 
provide for ease of access by the public, all guidance documents 
located on, or linked from, this portal will be machine readable and 
can be indexed and searched by commonly used commercial search engines. 
Any guidance document that is not included on, or linked from, this 
guidance portal by February 28, 2020, will not be cited to, used, or 
relied on by DOT, including its component agencies, except to establish 
historical facts. Guidance documents available on or through the DOT 
guidance portal do not have the force and effect of law and are not 
meant to bind the public in any way. The guidance documents available 
on or through the DOT guidance portal are intended only to provide 
clarity to the public regarding existing requirements under the law or 
agency policies.

    Issued in Washington, DC, on February 25, 2020.
Elaine L. Chao,
Secretary.
[FR Doc. 2020-04308 Filed 3-2-20; 8:45 am]
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