[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Notices]
[Page 12779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04439]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Establishment of Online Portal for DOE Guidance Documents

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of online portal for agency guidance documents.

-----------------------------------------------------------------------

SUMMARY: In accordance with an Executive Order and Office of Management 
and Budget (OMB) Memorandum M-20-02, the U.S. Department of Energy 
(DOE) established an online portal for the public to access DOE 
guidance documents. The portal provides links to DOE program web pages 
containing guidance documents, as required by the Executive Order.

DATES: The portal and associated link are currently active as of March 
4, 2020.

ADDRESSES: The portal may be found at energy.gov/guidance.

FOR FURTHER INFORMATION CONTACT: Matthew Ring, U.S. Department of 
Energy, Office of the General Counsel, Forrestal Building, GC-33, 1000 
Independence Avenue SW, Washington, DC 20585, (202) 586-2555, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Executive Order 13891, ``Promoting the Rule 
of Law Through Improved Agency Guidance Documents,'' \1\ requires, 
among other things, that within 120 days of the issuance of 
implementing guidance from OMB,\2\ agencies must establish an online 
database that contains or links to all agency guidance documents in 
effect. In accordance with E.O. 13891 and OMB's implementing guidance, 
set forth in OMB Memorandum M-20-02, DOE established an online portal 
for the public to access DOE guidance documents. This portal may be 
found at energy.gov/guidance. DOE's online guidance portal contains 
links to DOE program websites containing guidance documents, as that 
term is defined in E.O. 13891.\3\ The portal also reiterates that: (1) 
The contents of the guidance documents found through the portal do not 
have the force and effect of law and are not legally binding, except as 
authorized by law or as incorporated into a contract, and (2) these 
documents are intended only to provide clarity to the public regarding 
existing requirements under statutes and regulations administered by 
DOE.
---------------------------------------------------------------------------

    \1\ 84 FR 55235 (October 15, 2019).
    \2\ OMB issued its guidance memorandum on October 31, 2019. (See 
M-20-02, Guidance Implementing Executive Order 13891, Titled 
``Promoting the Rule of Law Through Improved Agency Guidance 
Documents'' (October 31, 2019) available at https://www.whitehouse.gov/wp-content/uploads/2019/10/M-20-02-Guidance-Memo.pdf)
    \3\ E.O. 13891 defines ``guidance document'' as ``an agency 
statement of general applicability, intended to have future effect 
on the behavior of regulated parties, which sets forth a policy on a 
statutory, regulatory, or technical issue, or an interpretation of a 
statute or regulation.''
---------------------------------------------------------------------------

    In accordance with E.O. 13891 and OMB Memorandum M-20-02, any 
existing DOE guidance document or associated web page that is not 
currently included in the online portal may, without further notice, be 
included in the online portal on or before June 27, 2020. Any existing 
DOE guidance document or associated web page not included in the online 
portal by that date will be re-issued according to the procedures in 
E.O. 13891.

    Signed in Washington, DC, on February 27, 2020.
Daniel Cohen,
Assistant General Counsel for Legislation, Regulation and Energy 
Efficiency.
[FR Doc. 2020-04439 Filed 3-3-20; 8:45 am]
 BILLING CODE 6450-01-P