Incorporation by Reference

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Incorporation by Reference in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Implementation Contact and In-House Researcher
202.480.2086
ebremer@acus.gov
Committee Chair
Partner
Venable LLP

Incorporation by reference allows agencies to fulfill their legal obligation to publish rules in the Code of Federal Regulations (CFR) by referring to standards or other materials that have been published elsewhere.  For example, when an agency adopts a standard created by a private standard-setting organization as a mandatory regulation, it typically publishes the standard by incorporating it by reference into the CFR.  Such incorporation by reference is common in part because federal policy requires regulatory agencies to use voluntary consensus standards in lieu of government unique standards where this is not impracticable or inconsistent with statutory mission. This policy builds upon Conference recommendation, No. 78-4, “Federal Agency Interaction with Private Standard-Setting Organizations in Health and Safety Regulations,” adopted in December 1978, which encourages the use of voluntary consensus standards in health and safety regulation.  In the more than thirty years since the Conference issued Recommendation No. 78-4, agencies have promulgated thousands of regulations that incorporate by reference standards published elsewhere.

The Conference has examined legal and policy issues related to agency use of incorporation by reference.  The practice raises common issues that individual agencies deal with differently, and the aim of the Conference’s project was to consolidate the dispersed knowledge of affected agencies, identify best practices, and recommend ways to improve the process.  Specific challenges addressed include updating regulations that incorporate extrinsic materials by reference, ensuring access to referenced materials, addressing copyright issues that may arise, and finding ways to improve procedures for approving and managing regulations that incorporate other materials by reference.

Final Recommendation

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 individual agencies deal...

Implementation

Related Proceedings

Key Implementation Documents

Implementation Meetings & Events

Project Documents

Name Committee Type Date
The U.S. Public-Private Standardization System Event Flyer Administration and Management Fact Sheet May 15, 2013 Download
Committee on Transportation and Infrastructure Report on H.R. 2576 Administration and Management Legislative July 16, 2013 Download
Minutes of October 28 Meeting Administration and Management Meeting Minutes October 28, 2011 Download
Minutes of September 21 Meeting Administration and Management Meeting Minutes September 21, 2011 Download
Association of Research Libraries et al. Comments for October 28 Meeting Administration and Management Member Comment October 21, 2011 Download
Proposed Revision of OMB Circular A-119 Administration and Management Memorandum February 11, 2014 Download
Office of the Chairman Comments on the Federal Register's Proposed Rule on Incorporation by Reference Administration and Management Public Comment January 31, 2014 Download
Office of the Chairman Comments Submitted in Response to the Federal Register Petition Administration and Management Public Comment June 1, 2012 Download
Comments submitted by the Office of the Chairman of the Administrative Conference in response to OMB’s Request for Information Administration and Management Public Comment April 30, 2012 Download
Cooney Comments on Proposed Strauss Amendment Administration and Management Public Comment December 8, 2011 Download
IEEE Standards Association Comments Administration and Management Public Comment December 6, 2011 Download
Statement from the Openness Community Administration and Management Public Comment December 6, 2011 Download
Revised Strauss Amendment Administration and Management Public Comment December 2, 2011 Download
Revised Strauss Comments Administration and Management Public Comment December 2, 2011 Download
Gary Valasek Comments Administration and Management Public Comment December 1, 2011 Download
Michael Herz Comments Administration and Management Public Comment December 1, 2011 Download
Follow-Up Comments Received From Peter Strauss Administration and Management Public Comment November 28, 2011 Download
Comments Received from Peter Strauss Administration and Management Public Comment November 16, 2011 Download
GTW Associates Comments Administration and Management Public Comment November 1, 2011 Download
Carl Malamud Comments for October 28 Meeting Administration and Management Public Comment October 1, 2011 Download
SAE Comments for September 21 Meeting Administration and Management Public Comment September 19, 2011 Download
NFPA Comments for September 21 Meeting Administration and Management Public Comment September 15, 2011 Download
ASTM Comments for September 21 Meeting Administration and Management Public Comment September 14, 2011 Download
Carl Malamud Comments for September 21 Meeting Administration and Management Public Comment September 12, 2011 Download
Jean Public Comments for September 21 Meeting Administration and Management Public Comment September 2, 2011 Download
Technical Standards Meet Administrative Law: A Primer on an Ongoing Debate Administration and Management Publication April 18, 2013 Download
Incorporation by Reference in an Open Government Age Administration and Management Publication January 15, 2013 Download
Proposed Incorporation by Reference Recommendation for Consideration at the Plenary Administration and Management Recommendation December 8, 2011 Download
Incorporation by Reference Administration and Management Recommendation December 8, 2011 Download
Proposed Amendments for Plenary Consideration: Incorporation by Reference Administration and Management Recommendation December 8, 2011 Download
Proposed Incorporation by Reference Recommendation for Consideration at the Plenary Administration and Management Recommendation December 8, 2011 Download
Proposed Amendment to the Draft Recommendation for October 28 Meeting Administration and Management Recommendation October 27, 2011 Download
Incorporation by Reference Draft Recommendation for October 28 Meeting Administration and Management Recommendation October 19, 2011 Download
Incorporation by Reference Draft Recommendation Redline for October 28 Meeting Administration and Management Recommendation October 19, 2011 Download
Incorporation by Reference Draft Recommendation Redline for October 28 Meeting Administration and Management Recommendation October 19, 2011 Download
Incorporation by Reference Report Administration and Management Report October 19, 2011 Download
Redline of Second Draft Bremer Report on Incorporation by Reference Administration and Management Report October 19, 2011 Download
Second Draft Bremer Report on Incorporation by Reference Administration and Management Report October 19, 2011 Download
First Draft of Bremer Report on Incorporation by Reference Administration and Management Report September 9, 2011 Download
Griffin Incorporation by Reference Testimony Administration and Management Testimony/Speeches January 13, 2014 Download
Malamud Incorporation by Reference Testimony Administration and Management Testimony/Speeches January 13, 2014 Download
55th Plenary Session Webcast - Day 1 Administration and Management Webcast December 8, 2011 Watch Video
October 28, 2011 Committee Meeting Administration and Management Webcast October 28, 2011 Watch Video
September 21, 2011 Committee Meeting Administration and Management Webcast September 21, 2011 Watch Video
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