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Comparison definition. The APA itself does not define 'substantive rules,' 'interpretive rules,' or 'statements of policy.' See Community Nutrition Inst. v. Young, 260 U.S. App. D.C. 294, 818 F.2d 943, 946 (D.C. Cir. 1987) (recalling that courts and commentators have described the distinction between substantive and interpretative rules or policy statements as, inter alia, 'tenuous,' 'fuzzy,' 'blurred,' 'baffling,' and 'enshrouded in considerable smog'. In Community Nutrition Institute v. Young, 15 the D.C. Circuit reiterated two 'criteria' to which courts have looked to distinguish substantive rules from non-substantive rules: First, courts have said that, unless a pronouncement acts prospectively, it is a binding norm. Thus . . . a statement of policy may not have a present effect: 'a 'general statement of policy' is one that does not impose any rights and obligations' . . . . The second criterion is whether a purported policy statement genuinely leaves the agency and its decisionmakers free to exercise discretion. Id. at 946 (quoting American Bus Ass'n v. United States, 201 U.S. App. D.C. 66, 627 F.2d 525, 529 (D.C. Cir. 1980) (quoting Texaco v. FPC, 412 F.2d 740, 744 (3d Cir. 1969)); see Batterton v. Marshall, 208 ...

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