1 CFR 51.9 - What is the proper language of incorporation?

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There is 1 rule appearing in the Federal Register for 1 CFR Part 51. View below or at eCFR (GPOAccess)
§ 51.9 What is the proper language of incorporation? Link to an amendment published at 79 FR 66278, Nov. 7, 2014.
(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 to5 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 (See1 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 (See1 CFR 18.20 Identification of subjects in agency regulations).
Effective Date Note:
At 79 FR 66278, Nov. 7, 2014, § 51.9 was amended by revising paragraphs (a) and (c), effective Jan. 6, 2015. For the convenience of the user, the revised text is set forth as follows:
§ 51.9 What is the proper language of incorporation?
(a) The language incorporating a publication by reference must be precise, complete, and clearly state that the incorporation by reference is intended and completed by the final rule document in which it appears.
(c) If the Director approves a publication for incorporation by reference in a final rule, the agency must include—
(1) The following language under theDATES 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) The preamble requirements set out in 51.5(b).
(3) The term “incorporation by reference” in the list of index terms (See1 CFR 18.20 Identification of subjects in agency regulations).

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  • 2014-11-07; vol. 79 # 216 - Friday, November 7, 2014
    1. 79 FR 66267 - Incorporation by Reference
      GPO FDSys XML | Text
      OFFICE OF THE FEDERAL REGISTER, National Archives and Records Administration
      Final rule.
      This rule is effective January 6, 2015.
      1 CFR Part 51

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