[Comments on Whether EPA Interim Guidance Is a Rule Under the Congressional Review Act]

GAO provided information on whether interim guidance for investigating Title VI administrative complaints challenging permits issued by the Environmental Protection Agency is a rule under the Congressional Review Act portion of the Small Business Regulatory Enforcement Act (SBREFA). GAO held that, irrespective of whether or not in isolation the second portion of the interim guidance is properly viewed as procedural, considered as a whole, the interim guidance clearly affects the rights of non-agency parties. Thus, it constitutes a rule under SBREFA subject to congressional review.