**Laws and Regulations Relating to Incorporation by Reference**

[**United States Code**](http://www.law.cornell.edu/uscode)

TITLE 5 \> PART I \> CHAPTER 5 \> SUBCHAPTER II

**§ 552. Public information; agency rules, opinions, orders, records,
and proceedings**

\(a\) Each agency shall make available to the public information as
follows:

\(1\) Each agency shall separately state and currently publish in the
Federal Register for the guidance of the public---

\(A\) descriptions of its central and field organization and the
established places at which, the employees (and in the case of a
uniformed service, the members) from whom, and the methods whereby, the
public may obtain information, make submittals or requests, or obtain
decisions;

\(B\) statements of the general course and method by which its functions
are channeled and determined, including the nature and requirements of
all formal and informal procedures available;

\(C\) rules of procedure, descriptions of forms available or the places
at which forms may be obtained, and instructions as to the scope and
contents of all papers, reports, or examinations;

\(D\) substantive rules of general applicability adopted as authorized
by law, and statements of general policy or interpretations of general
applicability formulated and adopted by the agency; and

\(E\) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely notice of the
terms thereof, a person may not in any manner be required to resort to,
or be adversely affected by, a matter required to be published in the
Federal Register and not so published. **For the purpose of this
paragraph, matter reasonably available to the class of persons affected
thereby is deemed published in the Federal Register when incorporated by
reference therein with the approval of the Director of the Federal
Register.**

### [Electronic Code of Federal Regulations (e-CFR)](../ecfr.gpoaccess) 

**Title 1: General Provisions**

##### PART 51---INCORPORATION BY REFERENCE

**Section Contents**\
[§ 51.1   Policy.](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=2b3e5fc3ec414964cf16f69316bca438;rgn=div5;view=text;node=1%3A1.0.2.6.1;idno=1;cc=ecfr#1:1.0.2.6.1.0.19.1)\
[§ 51.3   When will the Director approve a
publication?](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=2b3e5fc3ec414964cf16f69316bca438;rgn=div5;view=text;node=1%3A1.0.2.6.1;idno=1;cc=ecfr#1:1.0.2.6.1.0.19.2)\
[§ 51.5   How does an agency request
approval?](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=2b3e5fc3ec414964cf16f69316bca438;rgn=div5;view=text;node=1%3A1.0.2.6.1;idno=1;cc=ecfr#1:1.0.2.6.1.0.19.3)\
[§ 51.7   What publications are
eligible?](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=2b3e5fc3ec414964cf16f69316bca438;rgn=div5;view=text;node=1%3A1.0.2.6.1;idno=1;cc=ecfr#1:1.0.2.6.1.0.19.4)\
[§ 51.9   What is the proper language of
incorporation?](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=2b3e5fc3ec414964cf16f69316bca438;rgn=div5;view=text;node=1%3A1.0.2.6.1;idno=1;cc=ecfr#1:1.0.2.6.1.0.19.5)\
[§ 51.11   How does an agency change or remove an approved
incorporation?](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=2b3e5fc3ec414964cf16f69316bca438;rgn=div5;view=text;node=1%3A1.0.2.6.1;idno=1;cc=ecfr#1:1.0.2.6.1.0.19.6)

**Authority:**   5 U.S.C. 552(a).

**Source:**   47 FR 34108, Aug. 6, 1982, unless otherwise noted.

##### § 51.1   Policy.

\(a\) Section 552(a) of title 5, United States Code, provides, in part,
that "matter reasonably available to the class of persons affected
thereby is deemed published in the Federal Register when incorporated by
reference therein with the approval of the Director of the Federal
Register."

\(b\) The Director will interpret and apply the language of section
552(a) together with other requirements which govern publication in the
Federal Register and the Code of Federal Regulations. Those requirements
which govern publication include---

\(1\) The Federal Register Act (44 U.S.C. 1501 *et seq.* )

\(2\) The Administrative Procedure Act (5 U.S.C. 551 *et seq.* );

\(3\) The regulations of the Administrative Committee of the Federal
Register under the Federal Register Act (1 CFR Ch. I); and

\(4\) The acts which require publication in the Federal Register (See
CFR volume entitled "CFR Index and Finding Aids.")

\(c\) The Director will assume in carrying out the responsibilities for
incorporation by reference that incorporation by reference---

\(1\) Is intended to benefit both the Federal Government and the members
of the class affected; and

**(2) Is not intended to detract from the legal or practical attributes
of the system established by the Federal Register Act, the
Administrative Procedure Act, the regulations of the Administrative
Committee of the Federal Register, and the acts which require
publication in the Federal Register.**

\(d\) The Director will carry out the responsibilities by applying the
standards of part 51 fairly and uniformly.

\(e\) Publication in the Federal Register of a document containing an
incorporation by reference does not of itself constitute an approval of
the incorporation by reference by the Director.

\(f\) Incorporation by reference of a publication is limited to the
edition of the publication that is approved. Future amendments or
revisions of the publication are not included.

##### § 51.3   When will the Director approve a publication?

\(a\) The Director will approve the incorporation by reference of a
publication when the following requirements are met:

\(1\) The publication is eligible for incorporation by reference (See
§51.7).

**(2) The language of incorporation meets the requirements of this part
(See §51.9).**

\(3\) The publication is on file with the Office of the Federal
Register.

\(4\) The Director has received a written request from the agency to
approve the incorporation by reference of the publication.

\(b\) The Director will notify the agency of the approval or disapproval
of an incorporation by reference within 20 working days after the agency
has met all the requirements for requesting approvals (See §51.5).

##### § 51.5   How does an agency request approval?

\(a\) Formal approval of a publication for incorporation by reference
applies to a final rule document. For timely approval by the Director of
the Federal Register, the agency must---

\(1\) Make a written request for approval at least 20 working days
before the agency intends to submit the final rule document for
publication;

\(2\) Send with the written request a copy of the final rule document
that uses the proper language of incorporation; and

\(3\) Ensure that a copy of the publication is on file at the Office of
the Federal Register.

\(b\) Agencies may consult with the Office of the Federal Register at
any time with respect to the requirements of this part.

##### § 51.7   What publications are eligible?

\(a\) A publication is eligible for incorporation by reference under 5
U.S.C. 552(a) if it---

\(1\) Conforms to the policy stated in §51.1;

\(2\) Is published data, criteria, standards, specifications,
techniques, illustrations, or similar material;

\(3\) Substantially reduces the volume of material published in the
Federal Register; and

\(4\) Is reasonably available to and usable by the class of persons
affected by the publication. In determining whether a publication is
usable, the Director will consider---

\(i\) The completeness and ease of handling of the publication; and

\(ii\) Whether it is bound, numbered, and organized.

\(b\) The Director will assume that a publication produced by the same
agency that is seeking its approval is inappropriate for incorporation
by reference. A publication produced by the agency may be approved, if,
in the judgment of the Director, it meets the requirements of paragraph
(a) and possesses other unique or highly unusual qualities. A
publication may be approved if it cannot be printed using the Federal
Register/Code of Federal Regulations printing system.

\(c\) The following materials are not appropriate for incorporation by
reference:

\(1\) Material published previously in the Federal Register.

\(2\) Material published in the *United States Code.*

##### § 51.9   What is the proper language of incorporation?

\(a\) The language incorporating a publication by reference shall be as
precise and complete as possible and shall make it clear that the
incorporation by reference is intended and completed by the final rule
document in which it appears.

\(b\) The language incorporating a publication by reference is precise
and complete if it---

\(1\) Uses the words "incorporated by reference;"

**(2) States the title, date, edition, author, publisher, and
identification number of the publication;**

\(3\) Informs the user that the incorporated publication is a
requirement;

\(4\) Makes an official showing that the publication is in fact
available by stating where and how copies may be examined and readily
obtained with maximum convenience to the user; and

\(5\) Refers to 5 U.S.C. 552(a).

\(c\) If the Director approves a publication for incorporation by
reference, the agency must---

\(1\) Include the following under the DATES caption of the preamble to
the final rule document (See 1 CFR 18.12 *Preamble requirements):*

The incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
\_\_\_.

\(2\) Includes the term "incorporation by reference" in the list of
index terms (See 1 CFR 18.20   *Identification of subjects in agency
regulations).*

##### § 51.11   How does an agency change or remove an approved incorporation?

\(a\) An agency that seeks approval for a change to a publication that
is approved for incorporation by reference must---

\(1\) Publish notice of the change in the Federal Register and amend the
Code of Federal Regulations;

\(2\) Ensure that a copy of the amendment or revision is on file at the
Office of the Federal Register; and

\(3\) Notify the Director of the Federal Register in writing that the
change is being made.

\(b\) If a regulation containing an incorporation by reference fails to
become effective or is removed from the Code of Federal Regulations, the
agency must notify the Director of the Federal Register in writing of
that fact within 5 working days of the occurrence.