38 CFR § 5.10 - Definitions relating to guidance documents.

---
identifier: "/us/cfr/t38/s5.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 5.10 - Definitions relating to guidance documents."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "5.10"
section_name: "Definitions relating to guidance documents."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "5"
part_name: "ADMINISTRATIVE PROCEDURES:GUIDANCE DOCUMENTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "38 U.S.C. 501; E.O. 12866, 58 FR 51735, 3 CFR, 1993 Comp., p. 638."
regulatory_source: "85 FR 72570, Nov. 13, 2020, unless otherwise noted."
cfr_part: "5"
---


# 5.10 Definitions relating to guidance documents.

The 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.