---
kind: "section"
citation: "1 C.F.R. § 51.9"
title: "1"
number: "51.9"
heading: "What is the proper language of incorporation?"
url: "https://uscodex.org/cfr/1/51.9"
---

# §51.9. What is the proper language of incorporation?

- (a) The language incorporating a publication by reference must be precise, complete, and clearly state that the incorporation by reference is intended and completed by the final rule document in which it appears.
- (b) **The language incorporating a publication by reference is precise and complete if it—**
  - (1) Uses the words “incorporated by reference;”
  - (2) States the title, date, edition, author, publisher, and identification number of the publication;
  - (3) Informs the user that the incorporated publication is a requirement;
  - (4) Makes an official showing that the publication is in fact available by stating where and how copies may be examined and readily obtained with maximum convenience to the user; and
  - (5) Refers to [5 U.S.C. 552(a)](/usc/5/552.md?p=a).
- (c) If the Director approves a publication for incorporation by reference in a final rule, the agency must include—
  - (1) The following language under the DATES caption of the preamble _to the final rule document (See [1 CFR 18.12](/cfr/1/18.12.md) Preamble requirements):

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of ________.

  - (2) The preamble requirements set out in 51.5(b).
  - (3) The term “incorporation by reference” in the list of index terms (See [1 CFR 18.20](/cfr/1/18.20.md) Identification of subjects in agency regulations).

## 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]