AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 204

LARGE ADDITIONAL ATTACHMENT(S) to Public Resource's Second Motion for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. 202 MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 203 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Public Resources Statement of Disputed Facts, # 2 Public Resources Evidentiary Objections, # 3 Public Resources Request for Judicial Notice, # 4 Declaration Carl Malamud, # 5 Declaration Matthew Becker, # 6 Consolidated Index of Exhibits, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Certificate of Service)(Bridges, Andrew)

EXHIBIT 92

Code of Federal Regulations Incorporation by Reference I National Archives

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Code of Federal Regulations Incorporation
by Reference
This site does not link to or contain standards incorporated by reference into the CFR.

If you are interested in obtaining a copy of a standard that has been incorporated by reference,
contact the standards organization that developed the material.

Who to Contact
For more information about a standard:
1.

Use the contact information contained in the regulation to:
• Contact the agency that issued the regulation containing the IBR standard.
• Contact the standards organization that developed and published the material.
Some standards organizations have on line reading rooms that are free to the public, to
registered users, or to organization members. Some of the standards incorporated by
reference may be accessible at these standards organization web sites:
• ASTM International free online reading room C?
• ASHRAE free resourcese?
• NFPA free access to codes and standards C?
• ANSI incorporated by reference (IBR) portal C?
• Underwriters Laboratories standards incorporated by reference C?
• International Code Council (ICC) free resources C?
• Manufacturers Standardization Society (MSS) reading room C?

• Contact aircraft and aircraft parts manufacturers directly.
Some information incorporated by reference in airworthiness directives may be
available on line.

2. You can also find agency phone numbers and other contact information at:
• USA.gov
• United States Goverment Manual
• Federal Citizen Information Center, National Contact Center

3. You may also use the NIST database, Regulatory Standards Incorporated by Reference, for

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information on the availability of IBR standards.
Generally, members of the public must pay a fee to receive a copy of the incorporated
material. If you have difficulty locating the material, contact the regulatory agency that
issued the regulation.

Why is Incorporation by Reference Used?
Incorporation by reference is used primarily to make privately developed technical standards
Federally enforceable. Agency generated documents are presumptively ineligible for
incorporation by reference because that material can and should be published in full text in the

Federal Register and CFR. Agencies are not authorized to incorporate by reference material on
their web sites as a substitute for Federal Register publication.
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. Congress authorized incorporation by reference in the Freedom of
Information Act to reduce the volume of material published in the Federal Register and CFR. (See
5 U.S.C. 552(a) and 1 CFR part 51). Congress gave complete authority to the Director of the
Federal Register to determine whether a proposed incorporation by reference serves the public
interest.

Where to Find Materials Incorporated by Reference at NARA
Facilities
In most cases, materials incorporated by reference are made available through the standards
organization that developed the standard. Contact the standards organization or other
designated sources through the address listed in the Federal Register or CFR.
However, legal record copies of material incorporated by reference are also filed at the Office of
the Federal Register (OFR) and other NARA facilities. OFR does not distribute IBR materials.
Legal record copies are available for public inspection and limited photo-copying. If you would
like to inspect material incorporated by reference at OFR's downtown Washington , DC location,
you must submit a written request and make an appointment for a specific day and time.
1. Submit your written request at least a day in advance.
2. Your request must include:
• Your name and daytime contact information-so we can confirm your appointment and
the availability of the material you are seeking or in case we have questions,
• A detailed description of the material you wish to examine, and
• The date and time you wish to examine the materials.

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Code of Federal Regulations Incorporation by Reference I National Archives

3.

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Submit your request by:
@ E-mail [e-mail]

-= U.S. Mail addressed to:
Office of the Federal Register (F)
The National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
* Note that our mailing address differs from our physical location.
If submitting your request by mail, we must receive your request at least a
day in advance ofyour requested inspection date.

The collection of materials incorporated by reference in Titles 1 through 50 of the CFR has grown
to the point that they are transferred from OFR to other NARA sites on a regular basis. See the
Disposition Schedule below for more information on where materials are housed and use the
links for these facilities to learn about researcher and information access policies at those
locations.

Disposition Schedule and Location
The following table is a listing of the disposition schedule and location of the materials
incorporated by reference:
• The dates and timeframes are approximate
• Addresses for each location are listed below the table

Location of Records - Retention
Category of Records

Period
OFR

Aircraft Service Bulletins for FAA Airworthiness
Directives (14 CFR 39)

WNRC

From

From

Year

Year

0-3

3-10

NARA
From Year
10 Forward
(permanent
storage)
From Year

submitted to EPA (40 CFR part 52)

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From

Year

Year

0-5

State Implementation Plans and Amendments

From

5-15

15 Forward
(permanent
storage)

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From
Year

Year

0-5

All other materials incorporated by reference in the CFR

From

5-15

From Year
15 Forward
(permanent
storage)

Addresses
These are the addresses of the locations listed in the table above. Please call 202-741-6030 for
help in determining where the materials are housed:
Office of the Federal Register (OFR)

7 G Street, NW, Suite A-734
Washington, DC 20401
Washington National Records Center {WNRC)

4205 Suitland Road
Su itland, MD 20746-8001
National Archives at College Park (NARA)

8601 Adelphi Road
College Park, MD 20740-6001

If you are interested in obta ining a copy of a standard that has been incorporated by reference,
contact the standards organization that developed the material or the agency that incorporated

it.
If you are interested in examining material that has been incorporated by reference, submit a
written request to the Office of the Federal Register.
For more information about Incorporation by Reference, please contact our Legal Affairs and
Policy Staff:
@

-=

E-mail [e-mail]
U.S. Mail addressed to:

Office of the Federal Register (FL)
The National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001

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The U.S. National Archives and Records Administration
1-86-NARA-NARA or 1-866-272-6272

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