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REGWRITER ALERT: Office of the Federal Register Issues Proposed Rule on "Incorporation by Reference"

October 17, 2013

The Office of the Federal Register proposes to change its regulations on incorporation by reference (IBR) in response to a petition for rulemaking filed last year. However, contrary to the petitioners' request, the proposal does not define "reasonably available" and would not require free access to IBR'd material. The proposal was published on October 2, 2013, (78 FR 60784) and comments are due by December 31, 2013. We discussed the petition and the Office of the Federal Register's request for comments on the petition in a RegulationWriter Alert issued on May 1, 2012.

Incorporation by Reference (IBR) refers to the act of giving binding effect to a standard that is not published in the Code of Federal Regulations (CFR) merely by referencing the document containing the standard in the CFR. IBR has been an issue of concern for the Office of the Federal Register for many decades. The IBR regulations appear in 1 CFR part 51 and were last revised by the Office of the Federal Register in 1982. The regulations require approval by the Director of the Federal Register of all IBR'd material and establish eligibility and use requirements for IBR.

This RegulationWriter Alert provides links to the most relevant documents related to IBR.


Incorporation by Reference (IBR)


We hope you find this RegulationWriter Alert helpful. If you have any suggestions, questions or comments please don't hesitate to contact us.



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