Executive Orders EO 13423 (d) Section 4(c)(1)(C) is amended by inserting ", and specific citation to such statute, order, or other legal authority" after "court order". Sec. 5. Section 6 is amended as follows: (a) by inserting in section 6(a)(1) "In consultation with OIRA, each agen- cy may also consider whether to utilize formal rulemaking procedures under 5 U.S.C. 556 and 557 for the resolution of complex determina- tions" after "comment period of not less than 60 days." (b) by amending the first sentence of section 6(a)(2) to read as follows: "Within 60 days of the date of this Executive order, each agency head shall designate one of the agency's Presidential Appointees to be its Reg- ulatory Policy Officer, advise OMB of such designation, and annually up- date OMB on the status of this designation." Sec. 6. Sections 9-\177 are redesignated respectively as sections \1770-\1772. Sec. 7. After section 8, a new section 9 is inserted as follows: "Sec. \365. Significunt Guidunce Documents. Each agency shall provide OIRA, at such times and in the manner specified by the Administrator of OIRA, with advance notification of any significant guidance docu- ments. Each agency shall take such steps as are necessary for its Regu- latory Policy Officer to ensure the agency's compliance with the re- quirements of this section. Upon the request of the Administrator, for each matter identified as, or determined by the Administrator to be, a significant guidance document, the issuing agency shall provide to OIRA the content of the draft guidance document, together with a brief explanation of the need for the guidance document and how it will meet that need. The OIRA Administrator shall notify the agency when additional consultation will be required before the issuance of the sig- nificant guidance document." Sec. 8. Newly designated section 10 is amended to read as follows: "Sec. 10. Preservution of Agency Authority. Nothing in this order shall be construed to impair or otherwise affect the authority vested by law in an agency or the head thereof, including the authority of the Attor- ney General relating to litigation." GEORGE W. BUSH The White House, Junuuzy 18, 2007. Executive Order 13423 of January 24, 2007 Strengthening Federal Environmental, Energy, and Transportation Management By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the environmental, en- ergy, and transportation management of Federal agencies, it is hereby or- dered as follows: Section 1. Policy. It is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities 193
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