1 CFR §51.7

1. (a)A publication is eligible for incorporation by reference under 5 U.S.C. 552(a) if it—
   1. (1)Conforms to the policy stated in § 51.1;
   2. (2)
      1. (i)Is published data, criteria, standards, specifications, techniques, illustrations, or similar material; and
      2. (ii)Does not detract from the usefulness of the Federal Register publication system; and
   3. (3)Is reasonably available to and usable by the class of persons affected. In determining whether a publication is usable, the Director will consider—
      1. (i)The completeness and ease of handling of the publication; and
      2. (ii)Whether it is bound, numbered, and organized, as applicable.
2. (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) 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.
3. (c)The following materials are not appropriate for incorporation by reference:
   1. (1)Material published previously in the Federal Register.
   2. (2)Material published in the United States Code.