IV.B What IBR Language Is Required in My Document?

The language required for DATES and the easily identifiable IBR section depends on the approval status of the IBR material:

• new IBR material (material that is not approved for incorporation anywhere that you are aware of)
• existing IBR material (material that is approved but for a different location than where you intend to reference it)
• currently-approved IBR material (material that is already approved for the section or appendix where it appears in your proposed or final amendatory text)

Existing IBR material is treated just like new IBR material, with one exception: you do not have to provide us with a copy of the material. Use Flowchart 1 in Appendix A.B.1 of this handbook. 

The preamble must include language as follows:

1. The DATES caption (see Boilerplate 1 - DATES caption in Appendix A.C of this handbook)
   1. DATES must include an approval statement that indicates the date the Director of the Federal Register approved the IBR.  Do not name each approved publication in the DATES section.  The effective date of the final rule and the approval date of the incorporation by reference are always the same date (see Boilerplate 1 - DATES caption in Appendix A.C of this handbook).
   2. DATES must also include the approval date of any currently-approved IBR material, if that material appears as part of revised or republished amendatory text (see Flowchart 3, Boilerplate 1 - DATES caption, and Example 2-1 in Appendix A.B.1, C, and D.2 of this handbook).
2. An easily identifiable section (see Flowchart 2 in Appendix A.B.1 of this handbook) that:
   1. Identifies and individually summarizes the new IBR material that you are incorporating (see Example 2-2, Example 2-3, and Example 2-4);
   2. Identifies any currently-approved IBR material, if that material appears as part of revised or republished amendatory text (see Example 2-6); and
   3. Discusses the ways that the IBR material is reasonably available to interested parties (see Example 2-2, Example 2-3, and Example 2-4). Do not include OFR availability language in the preamble.
3. The List of Subjects at the end of the preamble must include the term “Incorporation by reference” in alphabetical order.

^{Rev. 7/17/2023}

The amendatory text must (see section IV.C. for formatting and structure guidance):

1. Include the words “incorporation by reference” or a form of that phrase, such as “IBR”.
2. Identify the material to be incorporated,
   1. Including:
      • designation of the publication,
      • title,
      • date,
      • version (if any), and author (if any); and
   2. Organized alphabetically by publisher, then alpha-numerically by publication. 

   This must EXACTLY match the title page, cover sheet, transmittal letter, or other front matter of the publication you give us (see Example 1-1 and Example 1-2).

   Remember, even if the publication’s designation contains a partial date, for example ASTM F1234-12, that designation does not eliminate the requirement to include a date.  You must include the date in addition to the designation.

   3. Contain statements of availability stating where:
      1. The publication(s) can be inspected at your agency; and
      2. Copies can be obtained from the publisher, design or copyright holder, or other distributor.
   4. Include in the statements of availability:
      1. Agency’s street or internet address^[1] where the public can inspect the material;
      2. Agency’s phone number or email address for questions from the public regarding the material; and
      3. Publisher’s street address, and at least two of the following: phone number, email, and internet address.
   5. Refer to 5 U.S.C. 552(a) and include a statement that the Director of the Federal Register approves the incorporation by reference (see Option 1, Option 2, and Option 3 in Appendix A.D.3 of this handbook ).

   Remember, you must include a reference to the material in at least one location other than a centralized section or paragraph.

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   [1]You cannot use a website or domain that is not owned by your agency.

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   ^{Rev. 7/17/2023}

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.