---
kind: "section"
citation: "1 C.F.R. § 51.7"
title: "1"
number: "51.7"
heading: "What publications are eligible?"
url: "https://uscodex.org/cfr/1/51.7"
---

# §51.7. What publications are eligible?

- (a) A publication is eligible for incorporation by reference under [5 U.S.C. 552(a)](/usc/5/552.md?p=a) if it—
  - (1) Conforms to the policy stated in [§ 51.1](/cfr/1/51.1.md);
  - (2)
    - (i) Is published data, criteria, standards, specifications, techniques, illustrations, or similar material; and
    - (ii) Does not detract from the usefulness of the Federal Register publication system; and
  - (3) **Is reasonably available to and usable by the class of persons affected.** In determining whether a publication is usable, the Director will consider—
    - (i) The completeness and ease of handling of the publication; and
    - (ii) **Whether it is bound, numbered, and organized, as applicable.**
- (b) The Director will assume that a publication produced by the same agency that is seeking its approval is inappropriate for incorporation by reference. A publication produced by the agency may be approved, if, in the judgment of the Director, it meets the requirements of [paragraph (a)](#a) and possesses other unique or highly unusual qualities. A publication may be approved if it cannot be printed using the Federal Register/Code of Federal Regulations printing system.
- (c) **The following materials are not appropriate for incorporation by reference—**
  - (1) Material published previously in the Federal Register.
  - (2) Material published in the United States Code.

## Notes

### Amendments

[47 FR 34108, Aug. 6, 1982, as amended at 79 FR 66278, Nov. 7, 2014]

### Authority

Authority: 5 U.S.C. 552(a).

### Source

Source: 47 FR 34108, Aug. 6, 1982, unless otherwise noted.

### Amendments

[47 FR 34108, Aug. 6, 1982, as amended at 79 FR 66278, Nov. 7, 2014]