1 C.F.R. § 51.9 What is the proper language of incorporation?
Title 1 - General Provisions
Title 1: General Provisions
PART 51—INCORPORATION BY REFERENCE
§ 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).
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