July 14, 2009Gary M. Stern, General CounselNational Archives and Records AdministrationNGC-Room 31108601 Adelphi RoadCollege Park, MD 20740Dear Mr. Stern:This is a request under the Freedom of Information Act (FOIA),5 U.S.C. § 552asfurther specified in the National Archives and Records Administration (NARA) FOIARegulations,36 C.F.R. § 1250.The purpose of this request is to obtain copies of alltechnical standards that have been Incorporated By Reference into the Code of FederalRegulations.In addition to the requirements of the FOIA, this request should be granted because itis for access to the text of the binding laws that govern the operations and activities of government as well as all citizens. This request should be granted based on thespecific requirements of 1 C.F.R. § 51governing the Incorporation By Referencemechanism, the requirements of OMB Circular A-130,the policies of our newPresident, and long-standing principles of due process and equal protection clearlystated by the courts.
Incorporation By Reference and the Code of Federal Regulations
The U.S. Code requires publication in the Federal Register of “rules of procedure,”“substantive rules,” and other information published by agencies of the executivebranch. However, the Act specifies “matter reasonably available to the class of personsa
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ected thereby is deemed published in the Federal Register when incorporated byreference therein with the approval of the Director of the Federal Register.” 5 U.S.C. §552(a).According to the NARA Incorporation By Reference Manual: “Congress authorizedincorporation by reference in the Freedom of Information Act to reduce the volume of material published in the Federal Register and C.F.R.. (See 5 U.S.C. § 552(a) and 1C.F.R. § 51). Congress gave complete authority to the Director of the Federal Registerto determine whether a proposed incorporation by reference serves the publicinterest.”In 1 C.F.R. § 51, NARA spells out several requirements by which the Incorporation ByReference mechanism is carried out, including a requirement that the publication be
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