---
kind: "section"
citation: "38 C.F.R. § 5.10"
title: "38"
number: "5.10"
heading: "Definitions relating to guidance documents."
url: "https://uscodex.org/cfr/38/5.10"
---

# §5.10. Definitions relating to guidance documents.


The following definitions apply to [§§ 5.0 through 5.25](/cfr/38/5.0..5.25.md).

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](/usc/5/553.md) of title 5, United States Code, or similar statutory provisions;
- (2) Rules exempt from rulemaking requirements under [section 553(a)](/usc/5/553.md?p=a) of title 5, United States Code;
- (3) Rules of agency organization, procedure, or practice;
- (4) Decisions of agency adjudications under [section 554](/usc/5/554.md) 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.


## Notes

### Authority

Authority: 38 U.S.C. 501; E.O. 12866, 58 FR 51735, 3 CFR, 1993 Comp., p. 638.

### Source

Source: 85 FR 72570, Nov. 13, 2020, unless otherwise noted.