Section 5.10 - Definitions relating to guidance documentsThe following definitions apply to §§ 5.0 through 5.25 .
Guidance document means an agency statement of general applicability (i.e., it applies to more than just one person, event, or transaction), that is intended to have a future effect on the behavior or actions of regulated parties (to include non-VA actors), and that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation. A guidance document does not include the following:
(1) Rules promulgated pursuant to notice and comment under section 553 of title 5, United States Code, or similar statutory provisions;(2) Rules exempt from rulemaking requirements under section 553(a) of title 5, United States Code;(3) Rules of agency organization, procedure, or practice;(4) Decisions of agency adjudications under section 554 of title 5, United States Code, or similar statutory provisions;(5) Internal guidance directed to the issuing agency or other agencies that is not intended to have substantial future effect on the behavior of regulated parties; or(6) Internal executive branch legal advice or legal opinions addressed to executive branch officials.Significant guidance document means a guidance document that the Administrator of the Office of Information and Regulatory Affairs determines is reasonably anticipated to:
(1) Lead to an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles of Executive Order 12866.VA means the Department of Veterans Affairs.