VI.B. How Do I Request Approval for an IBR?

i. Make sure all the IBR material is:

1. Legible with no extraneous marks or annotations;
2. Complete; and
3. Clearly identified by:
   1. Publisher,
   2. Identification number of the publication (the designation),
   3. Title,
   4. Edition (if any),
   5. Author (if appropriate), and
   6. Date.

     (See Example 1-1 and Example 1-2.)

ii. Include a complete copy of the material to be incorporated in the request package except as follows:

1. If the exact version of the material is already incorporated elsewhere in the CFR (i.e. the material is currently approved):
   1.  Include the full description in the letter along with the current approval location, but
   2.  Do not include a copy of the material in the package.
2. If the regulatory text of the draft rule includes references to material already approved for that section or appendix:
   1.  Add an explanation to the letter, but
   2.  Do not include the full description of the material in the letter, and
   3.  Do not include a copy of the material in the package.

All Word files must be .docx files (we do not accept .doc files) and cannot include periods in the file name.  (For example, “draft-rule_12-01-22.docx” instead of “draft-rule_12.01.22.docx”). Your package must include:

1. A digitally-signed letter requesting approval of the incorporation —
   1. If you do not use the template provided (see Template 1 in Appendix A.A of this handbook), you must include information about the proposed rule;
   2. If you transmit a signed PDF file (by either signing the PDF or by scanning a signed paper letter), also include a draft version as an unsigned MS Word file (in .docx file format);
       
2. ​The draft rule as a single MS Word file (in .docx file format). The DRAFT rule must include:
   1. All preamble headings and captions,
   2. An easily identifiable IBR section of the preamble,
   3. The words of issuance, and
   4. All amendatory instructions and regulatory text affected by the IBR material.

The draft rule does not have to be otherwise complete, final, or through the OMB review process. It should not be signed because if we require changes, it will have to be re-signed before it can be transmitted for publication.

Address the letter to the Director of the Federal Register specifically requesting IBR approval and including the following information (see Example 1-1 and Example 1-2):

1. The designation, usually an alpha-numeric designation^[1], title, date, version, and author of each publication you wish to incorporate by reference, grouped by publisher;
2. The title and section where you wish to incorporate a publication, including any centralized IBR sections.  Include references to the lowest paragraph level in the section that requires the use of the publication, except for the centralized IBR section references^[2]; and
3. Who to contact at your agency regarding your IBR request along with their phone number and email address.

We will accept signatures from Federal Register liaison officers, program staff, or agency attorneys, among others, so the request letter does not necessarily have to be signed by the head of your agency.  To determine the Federal employee(s) in your agency who may sign an IBR request letter, ask your agency’s attorneys.

We accept:

• A digitally signed PDF;
• A wet signature hard copy scanned as a PDF; or
• An invisible signature Word document.

If you are transmitting at least one standard as part of the request package—

1. Log into the GPO server using your agency’s sftp account
2. Navigate to your office’s folder on the GPO server (or create one, if necessary)
3. Create a new folder for this IBR, making sure that the folder name adequately reflects the rulemaking
4. Upload the signed letter (and unsigned Word file, if applicable), IBR material, and draft rule to the new folder
5. Send us an email saying that you have uploaded a new IBR request.

If the IBR request includes material that has already been incorporated elsewhere, such that you are not required to send copies of the material to OFR—

      Email us the signed letter (and unsigned Word file, if applicable) and draft rule.

If we have not pre-approved your request to send paper, do NOT send paper with any IBR request.  If we have pre-approved your request to send paper IBR material—

1. Send the IBR material to the attention of OFR, Legal Affairs and Policy Division, 7 G Street, NW, Suite A-734, Washington, DC 20401. Do NOT include the draft rule. You may (but are not required to) include an unsigned request letter. Do not use USPS to send material to this address.
2. end us an email with the signed letter (and unsigned Word file, if applicable) and draft rule attached in the body of the email and state that you have sent (or are sending) the paper material. Include the date you sent the paper material, the address used for the destination, and any tracking information.

Warning: If you send the IBR request by U.S. mail, you must use the address found in the request letter template (Template 1). However, U.S. mail is irradiated before it comes to us, which can damage the documents and delay delivery of the package. If there is too much damage, you will have to resend the IBR material. The preferred method is hand-delivery or courier (including UPS and FedEx) to our street address listed above. If you send a paper IBR request without pre-approval, we will NOT accept it.

The designation is at the top of the title page and in the header of the standard.  The approval date is in footnote 1.

The designation and type of date are at the top of the title page and in the header of the standard.