; and (ii) draft the rules of the agency to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty. (3) Consistency in rulemaking (A) In general To promote consistency in rulemaking, the Administrator shall— (i) issue guidelines to ensure that rulemaking conducted in whole or in part under procedures specified in provisions of law other than those under this section conform with the procedures set forth in this section to the fullest extent allowed by law; and (ii) issue guidelines for the conduct of hearings under subsection (e), which shall provide a reasonable opportunity for cross-examination. (B) Agency adoption of regulations Each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this paragraph. (k) Agency guidance; procedures To issue major guidance; authority To issue guidelines for issuance of guidance (1) In general Agency guidance shall— (A) not be used by an agency to foreclose consideration of issues as to which the guidance expresses a conclusion; (B) state that the guidance is not legally binding; and (C) at the time the guidance is issued, or upon request, be made available by the issuing agency to interested persons and the public. (2) Procedures to issue major guidance Before issuing any major guidance, an agency shall— (A) make and document a reasoned determination that— (i) such guidance is understandable and complies with relevant statutory objectives and regulatory provisions; and (ii) identifies the costs and benefits, including all costs and benefits to be considered during a rulemaking under subsection (b), of requiring conduct conforming to such guidance and assures that such benefits justify such costs; and (B) confer with the Administrator on the issuance of the major guidance to ensure that the guidance— (i) is reasonable; (ii) is understandable