For the purpose of this part, the following terms have the indicated meaning:

(a) Guidance document. Subject to the exceptions provided in paragraph (b) of this section, a written statement of general applicability that the Access Board intends to:

(1)

(i) Have future effect on the behavior of regulated parties;

(ii) Set forth agency policy on a statutory, regulatory, or technical issue; or

(iii) Interpret a statute or regulation.

(2) Guidance documents are not limited to formal, written documents, and may be set forth in other documentary formats, such as electronic, digital, audio, or video materials.

(b) Exceptions. The following types of guidance documents are exempt from compliance with the requirements and procedures specified in this part:

(1) Rules promulgated pursuant to notice and comment under 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 internal organization, procedure, or practice within the Access Board, provided such rules do not alter substantive obligations for parties outside the Access Board;

(4) Access Board decisions in formal adjudications conducted pursuant to 5 U.S.C. 554, or similar statutory provisions;

(5) Internal guidance directed to Access Board personnel or other Federal agencies or officials that is not intended to have substantial future effect on the behavior of regulated parties;

(6) Internal executive branch legal advice or opinions addressed to other executive branch officials or Federal agencies;

(7) Access Board statements of specific applicability, including: advisory or legal opinions directed to particular parties about circumstance-specific questions, and correspondence with individuals or entities;

(8) Legal briefs, other court filings, or written positions taken by the Access Board or its legal counsel in administrative, legal, or enforcement proceedings;

(9) Access Board statements that do not set forth agency policy on a statutory, regulatory, or technical issue or interpretation of a statute or regulation, such as: speeches and individual presentations, editorials, media interviews, press materials, or congressional testimony by Access Board officials that does not set forth new agency regulatory policy;

(10) Contract solicitations and awards; and

(11) Access Board policies or guidance directed solely to agency employees, contractors, or other Federal agencies that are not anticipated to have substantial future effect on the behavior of regulated parties outside of the Federal Government.

(c) Significant guidance document. A type of 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 Federal agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations or 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.