(a) Guidance documents. Guidance documents are agency statements of general applicability, intended to have future effect on the behavior of regulated parties, that set forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation.

(b) Documents not classified as guidance. Guidance documents do not include:

(1) Agency statements of specific, rather than general, applicability.

(2) Agency statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation.

(3) Legislative rules promulgated under 5 U.S.C. 553 (or similar statutory provisions), or exempt from rulemaking requirements under 5 U.S.C. 553(a).

(4) Rules of agency organization, procedure, or practice.

(5) Decisions of agency adjudication.

(6) Documents or agency statements that are directed solely to the issuing agency or other agencies (or personnel of such agencies) that are not anticipated to have substantial future effect on the behavior of regulated parties or the public.

(7) Legal briefs and other court filings.

(8) Legal opinions by the Office of Legal Counsel at the Department of Justice.

(9) Legal advice or opinions from our Office of the General Counsel.

(c) Elements of guidance documents. In general, each published guidance document should, at a minimum:

(1) Include the term “guidance.”

(2) Identify the agency or office issuing the document.

(3) Identify the activities to which and the persons to whom the document applies.

(4) Include the date of issuance.

(5) Note if it is a revision to a previously issued guidance document and, if so, identify the guidance document that it replaces.

(6) Provide the title of the guidance and the unique document identification number.

(7) Include the citation to the statutory provision or regulation to which it applies or which it interprets.

(8) Include the disclaimer in 20 CFR 426.15(b).

(9) Include a short summary of the subject matter covered in the guidance document at the top of the document.

(d) Our guidance documents. Any document that satisfies the definition in paragraph (a) of this section and that does not meet an exclusion in paragraph (b) of this section qualifies as a guidance document, regardless of name or format. On our internet site, we maintain an indexed, searchable web page, which contains links to all of our guidance documents in effect.

(e) Rescinded guidance documents. We will not cite, use, or rely on guidance documents that are rescinded, except to establish historical facts. Any guidance documents that do not appear on our internet site as described in paragraph (d) of this section, will be considered rescinded.