---
kind: "section"
citation: "45 C.F.R. § 2509.22"
title: "45"
number: "2509.22"
heading: "When will guidance be published for public notice-and-comment?"
url: "https://uscodex.org/cfr/45/2509.22"
---

# §2509.22. When will guidance be published for public notice-and-comment?

- (a) Except as provided in [paragraph (b)](#b) of this section, all proposed CNCS guidance documents determined to be significant within the meaning of [§ 2509.20](/cfr/45/2509.20.md) are subject to public notice-and-comment. CNCS shall publish notification in the Federal Register of the proposed significant guidance document and invite public comments for a minimum of 30 days, then publish a response to major concerns raised in the comments when the final guidance document is published.
- (b) The requirements of [paragraph (a)](#a) of this section will not apply to any significant guidance document for which CNCS finds, in consultation with OIRA, good cause that notice-and-comment procedures are impracticable, unnecessary, or contrary to the public interest (and incorporates the finding of good cause and a brief statement of reasons in the guidance issued).
- (c) CNCS and OIRA may establish an agreement on presumptively exempted categories of guidance; such documents will be presumptively exempt from the requirements of [paragraph (a)](#a) of this section.

## Notes

### Authority

Authority: 42 U.S.C. 12651c(c); E.O. 13891, 84 FR 55235.

### Source

Source: 85 FR 44475, July 23, 2020, unless otherwise noted.