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Incorporation by Reference Incorporation by reference is a technique used by Federal agencies to include, and make enforceable, materials published elsewhere without republishing those materials in full text in the agencies' regulations. Most typically this technique is used by agencies to incorporate widely-used industry-developed codes such as the National Fire Protection Code. The Administrative Procedure Act (5 U.S.C. § 552(a)(1)) requires that to be legally effective, an agency must obtain the approval of the Director of the Federal Register for each document it wishes to incorporate by reference. Regulations governing this approval are set out in Part 51 of Title 1 of the Code of Federal Regulations.
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