IBR Handbook: Release 1-2022
Effective: March 1, 2022
The sections available as part of this release (sections VIII, IX, XIV, and XV) replace the matching sections in the current IBR Handbook with the specific page(s) affected shown in the Explanation of changes and the Template list.
The templates, examples, and instructions are also available as web pages.
Explanation of changes
List of Subjects
(Section IX , pp. 16-17)
A list of subjects is required for documents with regulatory text.
Optional use of list of subjects
If your advance notice of proposed rulemaking (ANPRM) or proposed rule does not include the proposed amendatory instructions and regulatory text, you are not required to include a list of subjects. If you opt to include a list of subjects, you must include "Incorporation by reference" as one of the terms.
Exclude term from list of subjects
ONLY use the term "Incorporation by reference" if the regulatory text of the document contains at least one IBR reference. Do not use the term if there is IBR in the part but not in the regulatory text of the document. (If you aren't making a new IBR request or maintaining an existing IBR in the document, don't include the term.)
Regulatory text in proposed rules (including ANPRMs)
(Section IX , pp. 16-17)
Proposed regulatory text is not required in proposed rule documents. However, if you opt to include the proposed regulatory text, you must follow the drafting requirements for final rule documents.
Boilerplate language: approval and availability
(Section XV, see template list)
The new boilerplate language for the regulatory text that contains the IBR approval and availability is better organized, contains OFR's new contact information, and removes language that conflicts with 1 CFR 21.21.
Transmitting the request electronically
(Section VIII, pp. 12-15a | Section XIV, pg. 26)
OFR can no longer accept standards in paper form under OMB/NARA Memorandum M-19-21. Agencies must transfer the requests electronically using an sftp account that OFR creates and assigns to your Federal Register liaison officer. To request an account, email ofr-legal@gpo.gov.
Template list
Throughout the handbook, references to Templates 1 through 9 should be replaced as follows:
Template 1 | Template 1: Letter Requesting IBR Approval from Director (pp. 28-29)
Template 2 | Boilerplate 1: Preamble DATES — Required Caption (pg. 31)
Template 3 | Boilerplate 2: IBR Language in Regulatory Text — Required (pp. 31-33)
Template 4 | Boilerplate 3: Enforcement Language in IBR Text — Optional (pg. 34)
Template 5 | Example XV-1: Single standard into single section [same paragraph] (pg. 35)
Template 6 | Example XV-3: Paragraph within a section [first or last] (pg. 37)
Template 7 | Example XV-5: Separate ("Centralized") section[as paragraph (a)] (pp. 40-41)
Template 8 | Template 2: Letter Notifying Director of Removal of IBR (pg. 30)
Template 9 | Example XV-6: Instructions to remove standards from a centralized IBR section (pg. 41)