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What IBR Language Must I Include in a Rulemaking Document?

A. Advance Notice of Proposed Rulemaking

For advance notices of proposed rulemaking (ANPRs), you do not request formal approval of IBR. If you propose to incorporate specific material in the ANPRM, follow the steps for a proposed rule in the following section (B.).

If you have questions about how to include IBR in an ANPRM, contact OFR-Legal@gpo.gov.

B. Proposed Rules

  1. For proposed rules, you do not request formal approval of IBR. However, if you include regulatory text, you must include the proper IBR structure and language in the regulatory text of your proposed rule.
  2. The Director will informally approve the proposed IBR, as part of the publication process, as long as:
    1. The term “Incorporation by reference” is included in the List of Subjects for the relevant part (for documents with regulatory text), and
    2. The preamble of the proposed rule includes an easily identifiable section that does three things (see Example 3,  Example 4, and Example 5):
      1. Identifies and individually summarizes the standards that you propose to IBR;
      2. Identifies any IBR material previously approved for IBR, if that material is unchanged but appears as part of revised or republished regulatory text; and
      3. Discusses the ways that the proposed IBR material is reasonably available to interested parties, or how you worked to make that material reasonably available to interested parties for the purposes of the proposed rule.
  3. If the preamble of the proposed rule does not meet these requirements, the Director will return the proposed rule to the agency.
  4. If you include IBR language in the regulatory text of your proposed rule, you must follow the drafting procedures described in section X.C.2. of this handbook.

Remember: ONLY include "Incorporation by reference" in the list of subjects of documents with at least one IBR reference in the regulatory text.

C. Final Rules

  1. You must request approval for each standard you wish to IBR, and you may not send us the final rule with those standards for publication before you receive the Director’s approval.
  2. The Director will formally approve the IBR request when it meets the content and format requirements in sections X.C. and XI.C. of this handbook (see also Example 3, Example 4, and Example 5).
  3. If you send a final rule for publication without formal IBR approval, the Director will kill and return the document to your agency.

Examples

Accordion

…the American Petroleum Institute (API), provides free online public access to view read only copies of its key industry standards, including a broad range of technical standards. All API standards that are safety-related and that are incorporated into Federal regulations are available to the public for free viewing online in the Incorporation by Reference Reading Room on API's website at: https://publications.api.org.[2] In addition to the free online availability of these standards for viewing on API's website, hardcopies and printable versions are available for purchase from API. The API website address to purchase standards is: https://www.api.org/​publications-standards-and-statistics/​publications/​government-cited-safety-documents.

 

API RP 14H, Recommended Practice for Installation, Maintenance and Repair of Surface Safety Valves and Underwater Safety Valves Offshore was withdrawn by API and superseded by API STD 6AV2—Installation, Maintenance, and Repair of Surface Safety Valves and Underwater Safety Valves Offshore. API STD 6AV2, first edition 2014 revises and supersedes API Recommended Practice 14H, Fifth Edition 2007. API STD 6AV2 provides practices for installing and maintaining SSVs and USVs used or intended to be used as part of a safety system, as defined by documents such as API Recommended Practice 14C. The standard includes provisions for conducting inspections, installations, and maintenance, field and off-site repair. Other provisions address testing procedures, acceptance criteria, failure reporting, and documentation. Significant changes include updated definitions; new provisions for qualified personnel; documentation, test procedures and acceptance criteria for post-installation and post-field repair, and offsite repair and remanufacture alignment to API 6A.

 

 

VIII.    Incorporation by Reference

Section 1237.2 of the final rule provides that booster seats must comply with applicable sections of ASTM F2640-18.  The OFR has regulations concerning incorporation by reference.  1 CFR part 51.  These regulations require that, for a final rule, agencies must discuss in the preamble to the rule the way in which materials that the agency incorporates by reference are reasonably available to interested persons, and how interested parties can obtain the materials.  Additionally, the preamble to the rule must summarize the material.  1 CFR 51.5(b).

In accordance with the OFR’s requirements, the discussion in section IV of this preamble summarizes the required provisions of ASTM F2640-18.  Interested persons may purchase a copy of ASTM F2640-18 from ASTM, either through ASTM’s website, or by mail at the address provided in the rule.  A copy of the standard may also be inspected at the CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission.  Note that the Commission and ASTM arranged for commenters to have “read-only” access to ASTM F2640-17 ε1 during the NPR’s comment period.

 

 

Download section IX, release 1-2022

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