Final Incorporation by Reference Rule Implements Recommendation 2011-5

From the ACUS:

Final Incorporation by Reference Rule Implements Recommendation 2011-5:

“Today, the Office of the Federal Register (OFR) published its final rule on incorporation by reference.  See Incorporation by Reference, 79 Fed. Reg. 66,267 (Nov. 7, 2014).  The Freedom of Information Act allows agencies to incorporate by reference into federal regulations extrinsic materials that are “reasonably available to the class of persons affected.”  5 U.S.C. § 552(a)(1). . . .

OFR’s final rule is a significant step towards the implementation of Recommendation 2011-5, Incorporation by Reference.  The rule emphasizes that promulgating agencies have the primary obligation to ensure that incorporated materials are reasonably available to the public. . . .

The final rule also sensibly retains the requirement that material incorporated by reference be technical in nature.  This is consistent with paragraph 15 of Recommendation 2011-5, which provides that agencies should clearly establish regulatory requirements in the text of their proposed and final rules, and use incorporation by reference only to provide technical detail.”

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This entry was posted in CFR, OFR and tagged , , , by Erika Wayne. Bookmark the permalink.

About Erika Wayne

Erika V. Wayne is deputy library director and lecturer in law at Stanford Law School. Along with George Wilson, Kate Wilko and Paul Lomio, Erika Wayne has co-taught Advanced Legal Research for 3 years. Erika's interest in Open Access dates back to the 1996 when she helped in the development of the Securities Class Action Clearinghouse -- the first court designated internet site for public posting of securities litigation filings. And, she hates to pay for *anything* that should be free. She has a law degree from Penn and a library degree from Illinois.

One thought on “Final Incorporation by Reference Rule Implements Recommendation 2011-5

  1. Pingback: Federal Register: Final Incorporation by Reference Rule Implements Recommendation 2011-5 | Oregon Legal Research Blog

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