§ 51.7 What publications are eligible?

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