(2) Rules exempt from rulemaking requirements under 5 U.S.C. 553(a);
(3) Rules of Commission organization, procedure, or practice;
(4) Decisions of Commission adjudications under 5 U.S.C. 554 or similar statutory provisions;
(5) Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials;
(6) Commission statements of specific applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions, notices regarding particular locations or facilities, and correspondence with individual persons or entities;
(7) Legal briefs, other court filings, or positions taken in litigation or enforcement actions;
(8) Commission statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation, including speeches and individual presentations, PowerPoint slides, editorials, media interviews, press materials, or congressional testimony that do not set forth for the first time a new regulatory policy;
(9) Guidance pertaining to military or foreign affairs functions;
(10) Grant solicitations and awards;
(11) Contract solicitations and awards; or
(12) Purely internal Commission policies or guidance directed solely to EEOC employees or contractors or to other Federal agencies that are not anticipated to have substantial future effect on the behavior of regulated parties outside of the government; for example, Volume I of the Commission's Compliance Manual, which is only for internal use.
(ii) To create serious inconsistency or otherwise interfere with an action taken or planned by another Federal agency;
(iii) To alter materially the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
(iv) To raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866, as further amended.
