Current through October 31, 2024
Section 51.7 - What publications are eligible?(a) A publication is eligible for incorporation by reference under 5 U.S.C. 552(a) if it -(1) Conforms to the policy stated in § 51.1 ;(2)(i) Is published data, criteria, standards, specifications, techniques, illustrations, or similar material; and(ii) Does not detract from the usefulness of the FEDERAL REGISTER publication system; and(3) Is reasonably available to and usable by the class of persons affected. In determining whether a publication is usable, the Director will consider -(i) The completeness and ease of handling of the publication; and(ii) Whether it is bound, numbered, and organized, as applicable.(b) The Director will assume that a publication produced by the same agency that is seeking its approval is inappropriate for incorporation by reference. A publication produced by the agency may be approved, if, in the judgment of the Director, it meets the requirements of paragraph (a) and possesses other unique or highly unusual qualities. A publication may be approved if it cannot be printed using the FEDERAL REGISTER/Code of Federal Regulations printing system.(c) The following materials are not appropriate for incorporation by reference:(1) Material published previously in the FEDERAL REGISTER.(2) Material published in the United States Code.47 FR 34108, Aug. 6, 1982, as amended at 79 FR 66278 , Nov. 7, 2014