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IV.A. What Must My Document Contain for IBR Approval?

(Chapter IV. Rulemaking Documents)

A.1. Advance notices of proposed rulemaking

For advance notices of proposed rulemaking (ANPRM), you do not request formal approval for IBR.  If you propose to incorporate specific material in the ANPRM, follow the steps for a proposed rule in section A.2 (below).

Contact us if you have questions about how to include IBR in an ANPRM.

A.2. Proposed rules

For a proposed rule (also known as a notice of proposed rulemaking or NPRM), you do not request formal approval for IBR.

Accordion
  1. The Director will informally approve the proposed IBR, as part of the publication process, as long as:
    1. The preamble of the proposed rule includes an easily identifiable section that does three things (see Example 2-2, Example 2-3, Example 2-5, Example 2-6, and Boilerplate 1 - Discussion for currently-approved IBR material in Appendix A.C of this handbook):
      1. Identifies and individually summarizes the material that you propose to incorporate;
      2. Identifies any currently-approved IBR material, if that material (i.e. same designation, title, and publication date) is unchanged but appears as part of revised or republished amendatory text (see Flowchart 1 in Appendix A.B of this handbook to determine status of IBR material); 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; and
    2. For documents with regulatory text, the document:
      1. Includes the term “Incorporation by reference” in the List of Subjects for the relevant part; and
      2. Contains the proper IBR structure and language in the regulatory text of your proposed rule.
  2. If the document does not meet these requirements, the Director will return the proposed rule to the agency.
  3. If you include IBR language in the amendatory text of your proposed rule, you must follow the drafting procedures described in section IV.B.3.b.

If a proposed rule document comes in for publication and includes any IBR element, we review the document before the Scheduling unit starts its publication review. Make sure to budget time for extra review, especially if your document is time-sensitive.

Remember: ONLY include "Incorporation by reference" in the List of Subjects of documents when there is at least one IBR reference in the amendatory text for that part.  Do NOT include “Incorporation by reference” in the List of Subjects if IBR is not referenced in the amendatory text for a part in your document, even if the part includes IBR in the CFR, unless IBR material is updated by an amendment to a centralized IBR section even if no amendments are necessary for the outlying sections.

A.3. Final rules

  1. You must request approval for each publication you wish to incorporate by reference, and you may not send the final rule requiring use of those publications for publication before you receive the Director’s approval.

The Director will formally approve the IBR request when it meets the content and format requirements in sections IV.B.3 and IV.C.3 (see also examples below and A.D.3 of this handbook).

  1. If you send a final rule for publication without formal IBR approval, the Director will kill the document and return it to your agency.

Examples

Accordion

 

New material only
DATES: This rule is effective March 30, 2018. The incorporation by reference of certain material listed in this rule is approved by the Director of the Federal Register as of March 30, 2018.

Existing material only
DATES: This rule is effective March 30, 2018. The incorporation by reference of certain material listed in this rule was approved by the Director of the Federal Register as of June 6, 2008 and August 16, 2012.

Combination of new and currently-approved material
DATES: This rule is effective [INSERT DATE 90 DAYS AFTER PUBLICATION in the FEDERAL REGISTER].  The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of [INSERT DATE 90 DAYS AFTER PUBLICATION in the FEDERAL REGISTER]. The incorporation by reference of certain other material listed in the rule was approved by the Director of the Federal Register as of July 3, 2017.

 

 

…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: 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.

 

 

 

Multiple currently-approved publications

The following standards appear in the amendatory text of this document and have already been approved for the locations in which they appear: ASTM D 4359, CGA TB-25, ISO 6406:2005(E), and ISO 16148:2016(E). No changes are proposed to the IBR material.

Single currently-approved publication

AS/NZ 4474.1:2007 is referenced in the amendatory text of this document but has already been approved for appendix A. No changes are proposed to the IBR material.

 

 

Multiple currently-approved publications

The following standards appear in the amendatory text of this document and were previously approved for the locations in which they appear: ASTM D 4359, CGA TB-25, ISO 6406:2005(E), and ISO 16148:2016(E).

Single currently-approved publication

AS/NZ 4474.1:2007 is referenced in the amendatory text of this document but was previously approved for appendix A.

 

 

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