TITLE 1 - GENERAL PROVISIONS

CHAPTER II - OFFICE OF THE FEDERAL REGISTER

SUBCHAPTER E - PREPARATION, TRANSMITTAL, AND PROCESSING OF DOCUMENTS

PART 51 - INCORPORATION BY REFERENCE

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.