Code of Federal Regulations Title 29. Labor § 29.4908.2 Definitions

In addition to the terminology in part 4001 of this chapter, as used in this part—

Director means the Director of PBGC.

Guidance document means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, but does not include, for example, the following:

(1) Statements of specific applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions (e.g., case or investigatory letters responding to complaints, warning letters), notices regarding particular locations or facilities (e.g., guidance pertaining to the use, operation, or control of a Government facility or property), and correspondence with individual persons or entities (e.g., congressional correspondence or notices of violation), except documents ostensibly directed to a particular party but designed to guide the conduct of the broader regulated public;

(2) 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, editorials, media interviews, press materials, or congressional testimony that do not set forth for the first time a new regulatory policy;

(3) Rules promulgated pursuant to notice and comment under section 553 of title 5, United States Code, or similar statutory provisions;

(4) Rules exempt from rulemaking requirements under section 553(a) of title 5, United States Code;

(5) Rules of agency organization, procedure, or practice;

(6) Decisions of agency adjudications under section 554 of title 5, United States Code, or similar statutory provisions;

(7) 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 the public;

(8) Legal briefs, other court filings, or positions taken in litigation or enforcement actions;

(9) Contract solicitations or awards;  or

(10) Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials.

OMB means the Office of Management and Budget.

Significant guidance document means a guidance document that may reasonably be 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.