No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—

1. (1) the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
2. (2) the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.

(Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859; amended Pub. L. 114–94, div. A, title XI, § 11316(c), Dec. 4, 2015, 129 Stat. 1676.)

Editorial Notes

Prior Provisions

A prior section 20116, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, § 206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, § 1121(g)(1), Dec. 21, 1995, 109 Stat. 724.

Amendments

2015—Pub. L. 114–94 substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.