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Recommendation 2011-5, “Incorporation by Reference,” addresses legal and policy issues related to agencies' incorporation by reference in the Code of Federal Regulations of standards or other materials that have been published elsewhere. Agencies have promulgated thousands of regulations that incorporate by reference standards published elsewhere. The practice raises common issues that...

The primary role of the Federal Register is the publication, as required by the Federal Register Act and the Administrative Procedure Act, of legal documents that affect people generally, such as descriptions of agencies’ organization and functions, texts of substantive and procedural rules, notices of proposed rulemaking, and statements of general policy or interpretations...

Popular demand for the official index digest entitled “Guide to Record Retention Requirements” indicates that a companion piece covering the matter of Federal reporting requirements would serve a public need.

Recommendation

1. Each agency subject to chapter 35, title 44, United States Code, entitled “...

Most Americans are probably unaware of the multitude of day-to-day Federal activities reflected in proposed, revised, and recently promulgated rules, regulations, or determinations which substantially affect the price, quantity, quality, labeling, safety, and other aspects of products and services available to the public. A bulletin of general distribution containing an...

The Parallel Table of Statutory Authorities and Rules (2 CFR ch. I) should be an accurate and complete listing of United States Code provisions cited as rulemaking authority in executive agency documents which prescribe general and permanent rules. The present Parallel Table is deficient. Agencies have not given sufficient time and attention to citing proper authorities and...

The manual at present falls short of its goal because the narrative text submitted by some of the agencies is outdated, unrevealing, cumbersome, or otherwise deficient. The text should be rewritten at a high level of competence.

Recommendation

1. Each agency covered by 5 U.S.C. 552 should assign the writing of material for the “U.S. Government...

These slides provide a comprehensive overview of the issues addressed in Recommendation 2011-5, Incorporation by Reference.  It was prepared for a webinar sponsored by SES, the Society for Standards Professionals.

This article, published in Standards Engineering, the official SES Journal, Vol. 65, No. 2, March/April 2013, provides an introduction to the ongoing debate over public access to copyrighted technical standards incorporated by reference into regulation.  It is reproduced here with the permission of SES, the Society for Standards Professionals.

This is the final version of Emily S. Bremer's Incorporation by Reference Report, as published in the Harvard Journal of Law and Public Policy in January 2013.

This is the full text of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011.  Section 24 of this act prohibited the Pipeline and Hazardous Materials Saftey Administration from incorporating by reference in regulations or guidance any materials not available to the public for free online.  This requirement was relaxed through amending legislation enacted in August 2013.

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