Section 1061.2 - DefinitionsFor purposes of this part, the following terms, phrases and words are defined as follows:
Administrator means the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget.
DOE means the U.S. Department of Energy.
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:
(1) Rules promulgated pursuant to notice and comment under the Administrative Procedure Act, 5 U.S.C. 553 , or similar statutory provisions;(2) Rules exempt from rulemaking requirements under 5 U.S.C. 553(a) ;(3) Rules of agency organization, procedure, or practice;(4) Decisions of agency adjudications under 5 U.S.C. 554 , 42 U.S.C. 6303(d)(3)(A), or similar statutory provisions;(5) Internal executive branch legal advice or legal opinions addressed to executive branch officials;(6) Agency statements of specific, rather than general, applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions, notices regarding particular locations or facilities, and correspondence with individual persons or entities, including notices of violation and warning letters;(7) Briefs and other positions taken in litigation, enforcement actions, and financial assistance or contract bid protests, appeals or any other contract or financial assistance litigation;(8) Agency statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation, including, but not limited to, speeches, presentations, editorials, media interviews, press materials, congressional testimony, and congressional correspondence;(9) Guidance pertaining to military or foreign affairs functions;(10) Guidance or policies pertaining to financial assistance formation, funding opportunity announcements, awards and administration of financial assistance;(11) Guidance or policies pertaining to contract formation, solicitations, awards and administration of contracts;(12) Guidance or policies pertaining to the administration or oversight of capital asset projects or projects treated as capital asset projects by the Department;(13) Guidance pertaining to execution of the Department's small business programs and achievement, including compliance with the Small Business Regulatory Enforcement Fairness Act;(14) Grant solicitations and awards;(15) Contract solicitations and awards;(16) Internal agency policies or guidance directed solely at DOE personnel or to other Federal agencies that is not intended to have substantial future effect on the behavior of regulated parties; or(17) Guidance pertaining to the use, operation, or control of a government facility or property; or(18) Policies or guidance when the release or disclosure of the document is legally prohibited.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. 86 FR 456 , 7799, 3/21/2021