§ 51.7. What publications are eligible?
212 words·~1 min read·
/us/cfr/t1/s§ 51.7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. \[47 FR 34108, Aug. 6, 1982, as amended at 79 FR 66278, Nov. 7, 2014\]
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