public-service · CFR incorporation by reference
What "Incorporated by Reference" Means in the CFR
What eCFR's incorporation-by-reference reader aid says about legal effect and material not displayed on the site.
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Updated: Sources: 1
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What matters now
- eCFR says material incorporated by reference is treated as if published in the Federal Register and CFR.
- eCFR.gov says incorporated material "has the force and effect of law," like any other properly issued rule.
- The practice is grounded in federal law citing 5 U.S.C. 552(a) and 1 CFR part 51.
- eCFR.gov states it "does not link to or contain standards incorporated by reference into the CFR."
- The reader aid lists responsible agencies by CFR title or volume range.
eCFR’s Incorporation by Reference reader aid says that incorporated material is treated as if published in the Federal Register and CFR and, like any other properly issued rule, “has the force and effect of law.” (eCFR.gov) The same page says eCFR.gov “does not link to or contain standards incorporated by reference into the CFR.” (eCFR.gov) This article reports only those statements and the agency listings shown on that page.
This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.
Key points
- Incorporation by reference is a recognized legal mechanism: material incorporated into the CFR is “treated as if it were published in the Federal Register and CFR” (eCFR.gov).
- That incorporated material “has the force and effect of law,” just like any other properly issued rule (eCFR.gov).
- Congress authorized this practice; the page cites 5 U.S.C. 552(a) and 1 CFR part 51 as the legal basis (eCFR.gov).
- eCFR.gov states directly that “this site does not link to or contain standards incorporated by reference into the CFR” (eCFR.gov).
- Where eCFR.gov cannot provide the standard’s text, it instead lists which federal agency is responsible for the CFR title or volume range that uses it.
Incorporation legal effect
eCFR.gov’s reader aid states: “The legal effect of incorporation by reference is that the material is treated as if it were published in the Federal Register and CFR. This material, like any other properly issued rule, has the force and effect of law.” (eCFR.gov) This article reports that statement without determining its application to a specific requirement.
Where this authority comes from
The reader aid cites “5 U.S.C. 552(a) and 1 CFR part 51” in its discussion of incorporation by reference. (eCFR.gov) This article does not interpret those provisions.
eCFR scope
eCFR.gov states: “This site does not link to or contain standards incorporated by reference into the CFR.” (eCFR.gov) The reader aid also identifies federal agencies responsible for the listed CFR title or volume ranges. This article does not establish where a particular standard can be obtained.
What this article does not answer
This article does not state what any particular incorporated standard says, where it can be obtained, what it costs, or whether it applies to a particular situation. It also does not interpret the cited legal authorities.