Incorporation by Reference
Incorporation by reference (IBR) allows Federal agencies to comply with the requirement to publish rules in the Federal Register and the Code of Federal Regulations (CFR) by referring to materials already published elsewhere.
About IBR
This site does not link to or contain standards incorporated by reference into the CFR.
If you are interested in obtaining a copy of a standard that has been incorporated by reference, contact the standards organization that developed the material.
For more information about Incorporation by Reference, please contact our Legal Affairs and Policy Staff:
Telephone (202) 741-6030
Fax
(202) 741-6012- fedreg.legal@nara.gov
Why is Incorporation by Reference Used?
Incorporation by reference is used primarily to make privately developed technical standards Federally enforceable. Agency generated documents are presumptively ineligible for incorporation by reference because that material can and should be published in full text in the Federal Register and CFR. Agencies are not authorized to incorporate by reference material on their web sites as a substitute for Federal Register publication.
The legal effect of incorporation by reference is that the material is treated as if it were published in the Federal Register and CFR. This material, like any other properly issued rule, has the force and effect of law. Congress authorized incorporation by reference in the Freedom of Information Act to reduce the volume of material published in the Federal Register and CFR. (See 5 U.S.C. 552(a) and 1 CFR part 51). Congress gave complete authority to the Director of the Federal Register to determine whether a proposed incorporation by reference serves the public interest.
Where to Find Materials Incorporated by Reference
In most cases, materials incorporated by reference are made available through the standards organization that developed the standard. Contact the standards organization or other designated sources through the address listed in the Federal Register or CFR.
You may also use the NIST database, Regulatory Standards Incorporated by Reference, for information on the availability of IBR standards.
Generally, members of the public must pay a fee to receive a copy of the incorporated material. If you have difficulty locating the material, contact the regulatory agency that issued the regulation.
Legal record copies of material incorporated by reference are also filed at the Office of the Federal Register (OFR) and other NARA facilities. The OFR does not distribute IBR materials. Record copies are available to walk-in customers for public inspection and limited photo-copying. The collection has grown to the point that materials incorporated by reference in Titles 1 through 50 of the CFR are transferred from the OFR to other NARA sites on a regular basis. See the disposition schedule below.
Who to Contact
For more information about a standard, contact the regulatory agency that issued the regulation containing the standard:
- Contact the Standards Organization via NIST Database
- Contact the regulatory agency. You can find agency phone numbers and other contact information at:
Disposition Schedule and Location
The following table is a listing of the disposition schedule and location of the materials incorporated by reference:
- The dates and timeframes are approximate
- Addresses for each location are listed below the table
| Category of Records | Location of Records - Retention Period | ||
|---|---|---|---|
| OFR | WNRC | NARA | |
| Aircraft Service Bulletins for FAA Airworthiness Directives (14 CFR 39) |
From Year 0-3 |
From Year 3-10 |
From Year 10 Forward (permanent storage) |
| State Implementation Plans and Amendments submitted to EPA (40 CFR part 52) |
From Year 0-5 |
From Year 5-15 |
From Year 15 Forward (permanent storage) |
| All other materials incorporated by reference in the CFR |
From Year 0-5 |
From Year 5-15 |
From Year 15 Forward (permanent storage) |
Addresses
These are the addresses of the locations listed in the table above. Please call 202-741-6030 for help in determining where the materials are housed:
Office of the Federal Register (OFR)
800 North Capitol St. NW, Suite 700
Washington, DC 20001
Washington National Records Center (WNRC)
4205 Suitland Road
Suitland, MD 20746-8001
National Archives at College Park (NARA)
8601 Adelphi Road
College Park, MD 20740-6001
