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1 CFR § 51.9
1 CFR § 51.9 — § 51.9 What is the proper language of incorporation?
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§ 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.
( 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 in a final rule, the agency must include—
( 1 ) The following language 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 ) The preamble requirements set out in 51.5(b).
( 3 ) The term “incorporation by reference” in the list of index terms (See 1 CFR 18.20 Identification of subjects in agency regulations).
[ 47 FR 34108 , Aug. 6, 1982, as amended at 79 FR 66278 , Nov. 7, 2014]
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