1. (a)

   1. (1) The Director will informally approve the proposed incorporation by reference of a publication when the preamble of a proposed rule meets the requirements of this part (See § 51.5(a)).
   2. (2) If the preamble of a proposed rule does not meet the requirements of this part, the Director will return the document to the agency (See 1 CFR 2.4).

2. (b) The Director will formally approve the incorporation by reference of a publication in a final rule when the following requirements are met:

   1. (1) The publication is eligible for incorporation by reference (See § 51.7).
   2. (2) The preamble meets the requirements of this part (See § 51.5(b)(2)).
   3. (3) The language of incorporation meets the requirements of this part (See § 51.9).
   4. (4) The publication is on file with the Office of the Federal Register.
   5. (5) The Director has received a written request from the agency to approve the incorporation by reference of the publication.
3. (c) The Director will notify the agency of the approval or disapproval of an incorporation by reference in a final rule within 20 working days after the agency has met all the requirements for requesting approvals (See § 51.5).

[79 FR 66278, Nov. 7, 2014]