§ 5.29 Requirements for clearance.

DOT's review and clearance of guidance shall ensure that each guidance document proposed to be issued by an OA or component of OST satisfies the following requirements: (a) The guidance document complies with all relevant statutes and regulation (including any statutory deadlines for agency action); (b) The guidance document identifies or includes: (1) The term “guidance” or its functional equivalent; (2) The issuing OA or component of OST; (3) A unique identifier, including, at a minimum, the date of issuance and title of the document and its Z-RIN, if applicable; (4) The activity or entities to which the guidance applies; (5) Citations to applicable statutes and regulations; (6) A statement noting whether the guidance is intended to revise or replace any previously issued guidance and, if so, sufficient information to identify the previously issued guidance; and (7) A short summary of the subject matter covered in the guidance document at the top of the document; (c) The guidance document avoids using mandatory language, such as “shall,” “must,” “required,” or “requirement,” unless the language is describing an established statutory or regulatory requirement or is addressed to DOT staff and will not foreclose the Department's consideration of positions advanced by affected private parties; (d) The guidance document is written in plain and understandable English; (e) All guidance documents include a clear and prominent statement declaring that the contents of the document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies, and compliance may be achieved in more than one way; and (f) The guidance document describes several performance-based ways the public can comply with the underlying legal requirement, whenever appropriate, rather than specifying only one means of compliance.