PART 5—ADMINISTRATIVE PROCEDURES:GUIDANCE DOCUMENTS Authority: 38 U.S.C. 501; E.O. 12866, 58 FR 51735, 3 CFR, 1993 Comp., p. 638. Source: 85 FR 72570, Nov. 13, 2020, unless otherwise noted. § 5.0 Purpose. This part provides the Department of Veterans Affairs' (VA's) processes and procedures for issuing and managing guidance documents. [86 FR 30184, June 7, 2021] § 5.10 Definitions relating to guidance documents. The following definitions apply to §§ 5.0 through 5.25. Guidance document i.e., (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 (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 § 5.15 Procedures for issuing guidance documents. (a) General. (2) Each guidance document should include the following information in the published guidance document: (i) The term guidance; (ii) The agency or office issuing the document; (iii) To what and to whom the document applies; (iv) The date of issuance; (v) The title and unique identification number of the document; (vi) Citation to statutory or regulatory authority that the guidance document interprets or applies; (vii) A short summary of the subject matter covered at the beginning of the guidance document; and (viii) As applicable, the guidance document being revised or replaced. (b) Significant guidance documents. (1) The Secretary or a VA component head appointed by the President (with or without confirmation by the Senate), or by an official who is serving in an acting capacity as either of the foregoing, must approve any significant guidance document prior to issuance. This approval authority is not delegable. (2) Significant guidance documents must be submitted to OIRA for review under Executive Order 12866 prior to issuance. (3) Significant guidance documents must comply with the applicable requirements set forth in Executive Orders 12866, 13563, and 13609. [85 FR 72570, Nov. 13, 2021, as amended at 86 FR 30184, June 7, 2021] § 5.20 Procedures for petition for the withdrawal or modification of a guidance document. Petitions for withdrawal or modification of a guidance document. (a) A member of the public wishing to petition for withdrawal or modification of a guidance document may submit such petition via email to: [email protected]. (b) A petition for withdrawal or modification of a guidance document must contain the following information: (1) The petitioner's name and address; (2) Information identifying the guidance document to which the petition pertains; (3) A statement of the reasons the petitioner believes the document should be withdrawn or modified. (c) VA will seek to provide a response to a petition within 90 days of receipt of the request. [85 FR 72570, Nov. 13, 2021, as amended at 86 FR 30184, June 7, 2021] § 5.25 Guidance website. VA has a guidance website that contains, or links to, guidance documents that are currently in effect. The website can be found at the following address: www.va.gov/orpm/va_guidance_documents.asp. [86 FR 30184, June 7, 2021]