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

Filing 213

RESPONSE re 202 MOTION for Summary Judgment filed by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC.. (Attachments: # 1 Plaintiffs' Third Supplemental Statement of Material Facts, # 2 Declaration of Thomas O'Brien, # 3 Declaration of Jane W. Wise, # 4 Exhibit 174, # 5 Exhibit 175, # 6 Exhibit 176, # 7 Exhibit 177 (Part 1), # 8 Exhibit 177 (Part 2), # 9 Exhibit 177 (Part 3), # 10 Exhibit 178, # 11 Exhibit 179, # 12 Exhibit 180, # 13 Exhibit 181, # 14 Exhibit 182, # 15 Exhibit 183, # 16 Exhibit 184, # 17 Exhibit 185, # 18 Exhibit 186, # 19 Plaintiffs' Response to Defendant's Statement of Disputed Facts (Redacted), # 20 Plaintiffs' Statement of Disputed Facts and Objections, # 21 Plaintiffs' Response to Defendant's Evidentiary Objections, # 22 Plaintiffs' Opposition to Defendant's Request for Judicial Notice)(Fee, J.)

Exhibit 176

2004b

ASTM
A106 /
A106 M

Reference

Year
C.F.R.
Amended

49 C.F.R. § 192.7 2011
Standard
Specification for (2010)
Seamless
Carbon Steel
Pipe for HighTemperature
Service

Title

49 C.F.R. § 192.7, “What documents are incorporated by reference partly or
wholly in this part?” (2010):
(a) Any documents or portions thereof incorporated by reference in this part are
included in this part as though set out in full. When only a portion of a document
is referenced, the remainder is not incorporated in this part.
(b) All incorporated materials are available for inspection in the Office of
Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590-0001, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ilmllocations.
htmL These materials have been approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. In addition, the incorporated materials are available from the respective
organizations listed in paragraph (c) (1) of this section.
…
(c )(1) Incorporated by reference (IBR). List of Organizations and Addresses:
…
C. American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive,
West Conshohocken, PA 19428.
…
(c)(2) Documents incorporated by reference.
…
C. American Society for Testing and Materials (ASTM):
…
(2) ASTM A106/A106M-04b (2004) “Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service.”
§§ 192.113; Item 1, Appendix B.

PRO’s Truncated Text of Incorporation by Reference2

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

2

Page 1 of 140

ASTM List

ASTM has only included Works listed in Appendix A that are the subject of the Parties’ motions. ECF No. 198-2, ECF No. 202.
Where the ASTM standard referenced in the quoted C.F.R. language differs from the version of the ASTM standard that PRO reproduced and displayed, ASTM has highlighted
and bolded that language.
3
PRO does not do any analysis of the cited federal regulations that would illuminate which, if any, portions of the standard PRO considers “necessary to comply with [a] legal
duty,” ASTM II, 896 F.3d at 450, nor does it address Plaintiffs’ analysis of these regulations, see Dkt. 199-2 at ¶¶ 45-56, which is expressly incorporated herein. Indeed, it seems
unlikely that PRO could meet this burden (which is presumably why it did not try).

1

Edition

No.1

Edition

1979

1979

No.1

ASTM
A184

ASTM
A185

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Welded Steel
Wire Fabric for
Concrete
Reinforcement

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Fabricated
Deformed Steel
Bar Mats for
Concrete
Reinforcement

Title

Page 2 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 185-79 Welded Steel Wire Fabric for Concrete Reinforcement; Part
200, Subpart S

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be for ppropriate [sic] use at 490 L’Enfant Plaza
East, Suite 3214, or at each HUD Regional, Area, and Service Office. Copies are
available for inspection at the Office of the Federal Register, 800 North Street,
NW, suite 700, Washington, DC. The individual standards referenced in the MPS
are available at the address contained in the following table. They are also
available for public inspection at HUD, Manufactured Housing and Construction
Standards Division, Suite 3214, 490 L’Enfant Plaza East, Washington, DC
20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
…
ASTM A 184-79 Fabricated Deformed Steel Bar Mats for Concrete
Reinforcement; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A185-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A184-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

1979

No.1

ASTM
A203 /
A203M

ASTM
A242

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
High-Strength
Low-Alloy
Structural Steel

Standard
46 C.F.R. § 54.01- 2013
Specification for 1 (2010)
Pressure Vessel
Plates, Alloy
Steel, Nickel

Title

Page 3 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959, Telephone [phone], FAX [phone]
...
ASTM A 242-79 High-Strength Low-Alloy Structural Steel; Part 200, Subpart S

46 C.F.R. § 54.01-1, “Incorporation by Reference” (2010):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/thrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
...
(c) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...(2) ASTM A 203/A 203M-97, Standard Specification for Pressure Vessel
Plates, Alloy Steel, Nickel (“ASTM A 203”), 54.05-20

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A242-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1978

No.1

ASTM
A285

Reference

Year
C.F.R.
Amended

49 C.F.R. § 171.7 2009
Standard
Specification for (2009)
Pressure Vessel
Plates, Carbon
Steel, Low- and
IntermediateTensile Strength

Title

Page 4 of 140

49 C.F.R. § 171.7, “Reference Material” (2009):
(a) Matter incorporated by reference—
(1) General. There is incorporated, by reference in parts 170-189 of this
subchapter, matter referred to that is not specifically set forth. This matter is
hereby made a part of the regulations in parts 170-189 of this subchapter. The
matter subject to change is incorporated only as it is in effect on the date of
issuance of the regulation referring to that matter. The material listed in
paragraph (a)(3) has been approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.O 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval and a notice of any
change in the material will be published in the FEDERAL REGISTER. Matters
referenced by footnote are included as part of the regulations of this subchapter.
(2) Accessibility of materials. All incorporated matter is available for inspection
at: (i) The Office of Hazardous Materials Safety, Office of Hazardous Materials
Standards, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. For information on the availability of this material at PHH-10,
call 1-800-467-4922, or go to: http://www.phmsa.dot.gov; and (ii) The National
Archives and Records Administration to (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html (3) Table of material incorporated by reference. The following table sets
forth material incorporated by reference. The first column lists the name and
address of the organization from which the material is available and the name of
the material. The second column lists the section(s) of this subchapter, other than
§ 171.7, in which the matter is referenced. The second column is presented for
information only and may not be all inclusive.
...
American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 1942, telephone [phone], http://www.astm.org:
Noncurrent ASTM Standards are available from:
Engineering Societies Library, 354 East 47th Street, New York, NY 10017
…
ASTM A 285-78 Pressure Vessel Plates, Carbon Steel, Low- and IntermediateTensile Strength (179.300-7)

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1978e

No.1

ASTM
A307

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Carbon Steel
Externally
Threaded
Standard
Fasteners

Title

Page 5 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capital Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at Ile HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 307-78 Carbon Steel Externally Threaded Standard Fasteners; Part 200,
Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A307-78e. This underscores the
fact that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

1994

No.1

ASTM
A325

ASTM
A333
/A333M

Reference

Year
C.F.R.
Amended

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Seamless and
Welded Steel
Pipe for LowTemperature
Service

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
High-Strength
Bolts for
Structural Steel
Joints

Title

Page 6 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
...
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(25) ASTM A 333/A 333M-94, Standard Specification for Seamless and Welded
Steel Pipe for Low-Temperature Service (“ASTM A-333” or “ASTM A 333”),
56.50-105; 56.60-1.

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 325-79 High Strength Bolts for Structural Steel Joints; Part 200,
Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A325-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1977ae

No.1

ASTM
A36

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Structural Steel

Title

Page 7 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959, Telephone [phone], FAX [phone]
...
ASTM A 36-77a Structural Steel; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A307-78e. This underscores the
fact that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997ae1

1992

No.1

ASTM
A36 /
A36M

ASTM
A369 /
A369M

Reference

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Carbon and
Ferritic Alloy
Steel Forged and
Bored Pipe for
HighTemperature
Service

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Carbon
Structural Steel

Title

Year
C.F.R.
Amended

Page 8 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
...
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(32) ASTM A 369/A 369M-92, Standard Specification for Carbon and Ferritic
Alloy Steel Forged and Bored Pipe for High-Temperature Service (“ASTM A
369”), 56.60-1.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
...
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(1) ASTM A 36/A 36M-97a, Standard Specification for Carbon Structural Steel
(“ASTM A 36”), 56.30-10.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1977e2

1979

No.1

ASTM
A370

ASTM
A441

46 C.F.R. § 56.011 (1997)

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
High-Strength
Low-Alloy
Structural
Manganese
Vanadium Steel

Standard
Methods and
Definitions for
Mechanical
Testing of Steel
Products

Title

Page 9 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959, Telephone [phone], FAX [phone]
...
ASTM A 441-79 High-Strength Low-Alloy Structural Manganese Vanadium
Steel; Part 200, Subpart S

46 C.F.R. § 56.01-1, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To
enforce any edition other than that specified in paragraph (b) of this section, the
Coast Guard must publish notice of change in the FEDERAL REGISTER and
make the material available to the public. All approved material is on file at the
Office of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC, and at the U.S. Coast Guard, Office of Design and Engineering
Standards (G—MSE), 2100 Second Sheet SW., Washington, DC 20593-0001 and
is available from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are:
...
American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959.
...
ASTM A-370, Mechanical Testing of Steel Products, 1977 54.25-20

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A441-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, PRO’s quoted language
does not accurately reflect the text
of 46 C.F.R. § 56.01-1 (1997),
which does not IBR A370-77e2.
See Wise Decl. II ¶ 6, Ex. 178.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Standard
7 C.F.R. §
1978
(1984) e1 Specification for 1755.370 (1999)
Zinc-Coated
Steel Wire
Strand

ASTM
A475

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Quenched and
Tempered Steel
Bolts and Studs

1978a

Reference

ASTM
A449

Title

Edition

No.1

Page 10 of 140

7 C.F.R. § 1755.370 RUS specification for seven wire galvanized steel strand
(1999):
(a) RUS incorporates by reference ASTM A475-78, Standard Specification for
Zinc-Coated Steel Wire Strand, issued May 1978. All seven wire galvanized steel
strand purchased after April 1, 1990 for use on telecommunications systems
financed by RUS loan funds must conform to this standard. This incorporation by
reference was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51 on January 19, 1990). Copies of ASTM
A475-78 are available for inspection during normal business hours at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC, and at the Rural Utilities Service, Administrative Services Division, room
0175-5, U.S. Department of Agriculture, Washington, DC 20250, telephone [phone].
Copies are available from the American Society for Testing and Materials, 1916
Race Street, Philadelphia, PA 19103, telephone [phone].

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capital Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 449-78a Quenched and Tempered Steel Bolts and Studs; Part 200,
Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A449-78a. This underscores the
fact that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

1978

No.1

ASTM
A490

ASTM
A496

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Deformed Steel
Wire for
Concrete
Reinforcement

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Quenched and
Tempered Alloy
Steel Bolts for
Structural Steel
Joints

Title

Page 11 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 496-78 Deformed Steel Wire for Concrete Reinforcement; Part 200,
Subpart S

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at to the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 490-79 Quenched and Tempered Alloy Steel Bolts for Structural Steel
Joints; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A496-78. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A490-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Welded
Deformed Steel
Wire Fabric for
Concrete
Reinforcement

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Cold-Formed
Welded and
Seamless
Carbon Steel
Structural
Tubing in
Rounds and
Shapes

ASTM 500 1978

Year
C.F.R.
Amended

1979

Reference

ASTM
A497

Title

Edition

No.1

Page 12 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 500-78 Cold-Formed Welded and Seamless Carbon Steel Structural
Tubing in Rounds and Shapes; Part 200, Subpart S

24 C.F.R. (Parts 200 to 499), ‘Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at to the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214,490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 497-79 Welded Deformed Steel Wire, Fabric for Concrete
Reinforcement; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A500-78. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A497-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1976

1976

No.1

ASTM
A501

ASTM
A502

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Steel Structural
Rivets

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Hot-Formed
Welded and
Seamless
Carbon Steel
Structural
Tubing

Title

Page 13 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 502-76 Steel Structural Rivets; Part 200, Subpart S

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 501-76 Hot-Formed Welded and Seamless Carbon Steel Structural
Tubing; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A502-76. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A501-76. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1977

1995b

No.1

ASTM
A514

ASTM
A522 /
A522M

Reference

Year
C.F.R.
Amended

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Forged or Rolled
8 and 9 %
Nickel Alloy
Steel Flanges,
Fittings, Valves,
and Parts for
LowTemperature
Service

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
High-Yield
Strength,
Quenched and
Tempered Alloy
Steel Plate,
Suitable for
Welding

Title

Page 14 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than specified in this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and the material must be
available to the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
...
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(38) ASTM A 522/A 522M-95b, Standard Specification for Forged or Rolled 8
and 9% Nickel Alloy Steel Flanges, Fittings, Valves, and Parts for LowTemperature Service (“ASTM A-522”), 56.50-105.

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 514-77 High-Yield Strength, Quenched and Tempered Alloy Steel
Plate, Suitable for Welding; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A514-77. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1990a

No.1

ASTM
A539

Reference

Standard
24 C.F.R. §
Specification for 3280.4 (2004)
ElectricResistanceWelded Coiled
Steel Tubing for
Gas and Fuel Oil
Lines

Title

2007

Year
C.F.R.
Amended

Page 15 of 140

24 C.F.R. § 3280.4, “Incorporation by Reference” (2004):
a) The specifications, standards and codes of the following organizations are
incorporated by reference in 24 CFR part 3280 (this Standard) pursuant to 5
U.S.C. 552(a) and 1 CFR part 51 as though set forth in full The incorporation by
reference of these standards has been approved by the Director of the Federal
Register. Reference standards have the same force and effect as this Standard (24
CFR part 3280) except that whenever reference standards and this Standard are
inconsistent, the requirements of this Standard prevail to the extent of the
inconsistency.
(b) The abbreviations and addresses of organizations issuing the referenced
standards appear below. Reference standards which are not available from their
producer organizations may be obtained from the Office of Manufactured
Housing and Regulatory Functions, Manufactured Housing and Construction
Standards Division, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW room B-133 Washington, DC 20410.
ASTM—AMERICAN SOCIETY FOR TESTING AND MATERIALS, 1916
RACE STREET, PHILADELPHIA, PENNSYLVANIA 19103
...
3280.703, ‘Minimum Standards”:
Heating, cooling and fuel burning appliances and systems in manufactured homes
shall be free of defects, and shall conform to applicable standards in the following
table unless otherwise specified in this standard. (See § 3280.4) When more than
one standard is referenced, compliance with any one such standard shall meet the
requirements of this standard.
STANDARD SPECIFICATION FOR ELECTRIC-RESISTANCE-WELDED
COILED STEEL TUBING FOR GAS AND FUEL OIL LINES—*ASTM A53990A.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

1979

No.1

ASTM
A570

ASTM
A572

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499 (2005)
High-Strength
Low-Alloy
ColumbiumVanadium Steels
of Structural
Quality

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Hot-Rolled
Carbon Steel
Sheet and Strip,
Structural
Quality

Title

Page 16 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 572-79 High-Strength Low-Alloy Columbium-Vanadium Steels of
Structural Quality; Part 200, Subpart S

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at to the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 570-79 Hot-Rolled Carbon Steel Sheet and Strip, Structural Quality;
Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A572-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A570-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979a

No.1

ASTM
A588

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
High-Strength
Low-Alloy
Structural Steel
with 50, 000 psi
Minimum Yield
Point to 4 in.
Thick

Title

Page 17 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 588-79a High-Strength Low-Alloy Structural Steel with 50,000 PSI
Minimum Yield Point to 4 in. Thick; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A588-79a. This underscores the
fact that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1972
(1979)

No.1

ASTM
A611

Reference

Year
C.F.R.
Amended

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Steel, ColdRolled Sheet,
Carbon,
Structural

Title

Page 18 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214 , 490 L’Enfant Plaza
East, Washington, DC 20024 .
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 611-72 Steel, Cold-Rolled Sheet, Carbon, Structural; Part 200, Subpart
S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A611-72 (1979). This underscores
the fact that PRO has not analyzed
the substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

1979

No.1

ASTM
A615

ASTM
A616

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Rail-Steel
Deformed and
Plain Bars for
Concrete
Reinforcement

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Deformed and
Plain Billet-Steel
Bars for
Concrete
Reinforcement

Title

Page 19 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 616-79 Rail-Steel Deformed and Plain Bars for Concrete
Reinforcement; Part 200, Subpart S

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be dilated for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 615-79 Deformed and Plain Billet-Steel Bars for Concrete
Reinforcement Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A616-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A615-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

No.1

ASTM
A617

Reference

Year
C.F.R.
Amended

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Axle-Steel
Deformed and
Plain Bars for
Concrete
Reinforcement

Title

Page 20 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at to HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 617-79 Axle-Steel Deformed and Plain Bars for Concrete
Reinforcement; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A617-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979a

No.1

ASTM
A633

Reference

49 C.F.R. § 171.7
Standard
Specification for (2009)
Normalized
High-Strength
Low Alloy
Structural Steel

Title

Year
C.F.R.
Amended

Page 21 of 140

49 C.F.R. § 171.7, “Reference Material” (2009):
(a) Matter incorporated by reference—
(1) General. There is incorporated, by reference in parts 170-189 of this
subchapter, matter referred to that is not specifically set forth. This matter is
hereby made a part of the regulations in parts 170-189 of this subchapter. The
matter subject to change is incorporated only as it is in effect on the date of
issuance of the regulation referring to that matter. The material listed in
paragraph (a)(3) has been approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval and a notice of any
change in the material will be published in the FEDERAL REGISTER. Matters
referenced by footnote are included as part of the regulations of this subchapter.
(2) Accessibility of materials. All incorporated matter is available for inspection
at: (i) The Office of Hazardous Materials Safety, Office of Hazardous Materials
Standards, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. For information on the availability of this material at PHH-10,
call 1-800-467-4922, or go to: hllp://www.phmsa.dot.gov; and (ii) The National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/
ibrllocations.html (3) Table of material incorporated by reference. The following
table sets forth material incorporated by reference. The first column lists the
name and address of the organization from which the material is available and the
name of the material. The second column lists the section(s) of this subchapter,
other than § 171.7, in which the matter is referenced. The second column is
presented for information only and may not be all inclusive.
...
American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 1942, telephone [phone], http://www.astm.org:
Noncurrent ASTM Standards are available from Engineering Societies Library,
354 East 47th Street, New York, NY 10017
...
ASTM A 633-79a Standard Specification for Normalized High-Strength LowAlloy Structural Steel, 1979 Edition (178.338-2)

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

1995

No.1

ASTM
A82

ASTM
B111

Reference

Year
C.F.R.
Amended

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Copper and
Copper-Alloy
Seamless
Condenser
Tubes and
Ferrule Stock

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Cold-Drawn
Steel Wire for
Concrete
Reinforcement

Title

Page 22 of 140

46 C.F.R. § 56.01-2, ‘Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(52) ASTM B 111-95, Standard Specification for Copper and Copper-Alloy
Seamless Condenser Tubes and Ferrule Stock (“ASTM B 111”), 56.60-1.

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North C6p3ol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at
HUD, Manufactured Housing and Construction Standards Division, Suite 3214,
490 L’Enfant Plaza East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM A 82-79 Cold-Drawn Steel Wire for Concrete Reinforcement; Part 200,
Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
A82-79. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

1996

No.1

ASTM
B122 / B
122M

ASTM
B124

Reference

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Copper and
Copper-Alloy
Forging Rod,
Bar, and Shapes

Standard
46 C.F.R. § 58.03Specification for 1 (2011)
Copper-NickelTin Alloy,
Copper-NickelZinc Alloy
(Nickel Silver),
and CopperNickel Alloy
Plate, Sheet,
Strip and Rolled
Bar

Title

Year
C.F.R.
Amended

Page 23 of 140

46 C.F.R. § 56.01-2, ‘Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-295
...
(53) ASTM B 124-96, Standard Specification for Copper and Copper Alloy
Forging Rod, Bar, and Shapes (“ASTM B 124”), 56.60-2.

46 C.F.R. § 58.03-1, ‘Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
hllp://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. This material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
(g) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(3) ASTM B 122/B 122M-95, Standard Specification for Copper-Nickel-Tin
Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and Copper-Nickel Alloy Plate,
Sheet, Strip, and Rolled Bar (“ASTM B 122”), 58.50-5.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992

1996

No.1

ASTM
B16

ASTM
B209

Reference

Standard
46 C.F.R. § 58.03Specification for 1 (2011)
Aluminum and
Aluminum Alloy
Sheet and Plate

46 C.F.R. § 56.01Standard
Specification for 2 (2011)
Free-Cutting
Brass Rod, Bar
and Shapes for
Use in Screw
Machines

Title

Year
C.F.R.
Amended

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Page 24 of 140

ASTM List

(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations. PRO has not analyzed the
html. This material is also available for inspection at the U.S. Coast Guard,
substantive regulation that
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
references this ASTM Standard.
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(g) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(6) ASTM B 209-96, Standard Specification for Aluminum and Aluminum-Alloy
Sheet and Plate (“ASTMS 209”), 58.50-5; 58.50-10.

46 C.F.R. § 58.03-1, “Incorporation by Reference” (2011):

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
...
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
(42) ASTM B 16-92, Standard Specification for Free-Cutting Brass Rod, Bar,
and Shapes for Use in Screw Machines (“ASTM B 16”), 56.60-2.

PRO’s Truncated Text of Incorporation by Reference2

Edition

1996

1983b

No.1

ASTM
B21

ASTM
B21

Reference

Year
C.F.R.
Amended

Standard
46 C.F.R. § 56.01- 2000
Specification for 2 (1996-2008)
Naval Brass
Rod, Bar, and
Shapes

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Naval Brass
Rod, Bar, and
Shapes

Title

Page 25 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1999):
(a) Certain standards and specifications am incorporated by reference into this
part with the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a). To enforce any edition of the Standard Specification other than
the one listed in paragraph (b) of this section, notice of the change must be
published in the Federal Register and the material made available to the public.
All approved material is on file at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC, and is available from the
sources indicated in paragraph (b).
(b) The standards and specifications approved for incorporation by reference in
this part, and the sections affected are:
…
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
ASTM INTERNATIONAL HEADQUARTERS, 100 BARR HARBOR DRIVE,
WEST CONSHOHOCKEN, PA 19428-2959
…
ASTM B 21-83B NAVAL BRASS ROD, BAR, AND SHAPES..56.60-2

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. This material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(43) ASTM B 21-96, Standard Specification for Naval Brass Rod, Bar, and
Shapes (“ASTM B 21”), 56.60-2.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1980e 1

No.1

ASTM
B224

Reference

Standard
7 C.F.R. §
Classification of 1755.390 (2010)
Coppers

Title

Year
C.F.R.
Amended

Page 26 of 140

7 C.F.R. § 1755.390, “RUS Specification for Filled Telephone Cables” (2010):
(a) Scope. (1) This section covers the requirements for filled telephone cables
intended for direct burial installation either by trenching or by direct plowing, for
underground application by placement in a duct, or for aerial installations by
attachment to a support strand.
…
(7) American Society for Testing and Materials specification (ASTM) A505-87,
Standard Specification for Steel, Sheet and Strip, Alloy, Hot-Rolled and ColdRolled, General Requirements For; ASTM B 193-87, Standard Test Method for
Resistivity of Electrical Conductor Materials; ASTM B 224-80, Standard
Classification of Coppers; ASTM B 694-86, Standard Specification for Copper,
Copper Alloy, and Copper- Clad Stainless Steel Sheet and Strip for Electrical
Cable Shielding; ASTM D 4565-90a, Standard Test Methods for Physical and
Environmental Performance Properties of Insulations and Jackets for
Telecommunications Wire and Cable; and ASTM D 4566-90, Standard Test
Methods for Electrical Performance Properties of Insulations and Jackets for
Telecommunications Wire and Cable referenced in this section are incorporated
by reference by RUS. These incorporations by references were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the ASTM standards are available for inspection during normal
business hours at RUS, room 2845, U.S. Department of Agriculture, Washington,
DC 20250, or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030 or go
to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. Copies are available from ASTM, 1916 Race Street, Philadelphia, PA
19103-1187, telephone number [phone].

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

1993

No.1

ASTM
B283

ASTM
B315

Reference

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Seamless
Copper Alloy
Pipe and Tube

46 C.F.R. § 56.01Standard
Specification for 2 (2011)
Copper and
Copper-Alloy
Die Forgings
(Hot-Pressed)

Title

Year
C.F.R.
Amended

Page 27 of 140

46 CF.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(64) ASTM B 315-93, Standard Specification for Seamless Copper Alloy Pipe
and Tube (“ASTM B 315”), 56.60-1.

46 CF.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(63) ASTM B 283-96, Standard Specification for Copper and Copper-Alloy Die
Forgings (Hot-Pressed) (“ASTM B 283”), 56.60-2.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

No.1

ASTM
B42

Reference

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Seamless
Copper Pipe,
Standard Sims

Title

Year
C.F.R.
Amended

Page 28 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(45) ASTM B 42-96, Standard Specification for Seamless Copper Pipe, Standard
Sizes (“ASTM B 42”), 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1984

No.1

ASTM
B557

Reference

49 C.F.R. § 1713
Standard
(2009)
Methods of
Tension Testing
Wrought and
Cast Aluminum
and MagnesiumAlloy Products

Title

Year
C.F.R.
Amended

Page 29 of 140

49 C.F.R. § 171.7, “Reference Material” (2009):
(a) Matter incorporated by reference—
(1) General. There is incorporated, by reference in parts 170-189 of this
subchapter, matter referred to that is not specifically set forth. This matter is
hereby made a part of the regulations in parts 170-189 of this subchapter. The
matter subject to change is incorporated only as it is in effect on the date of
issuance of the regulation referring to that matter. The material listed in
paragraph (a)(3) has been approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval and a notice of any
change in the material will be published in the FEDERAL REGISTER. Matters
referenced by footnote are included as part of the regulations of this subchapter.
(2) Accessibility of materials. All incorporated matter is available for inspection
at: (i) The Office of Hazardous Materials Safety, Office of Hazardous Materials
Standards, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. For information on the availability of this material at PHH-10,
call 1-800-467-4922, or go to: http://www.phmsa.dot.gov; and (ii) The National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. (3) Table of material incorporated by reference. The following table sets
forth material incorporated by reference. The first column lists the name and
address of the organization from which the material is available and the name of
the material. The second column lists the section(s) of this subchapter, other than
§171.7, in which the matter is referenced. The second column is presented for
information only and may not be all inclusive.
...
American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 1942, telephone [phone], http://www.astm.org:
Noncurrent ASTM Standards are available from Engineering Societies Library,
354 East 47th Street, New York, NY 10017
...
ASTM B 557-84 Tension Testing Wrought and Cast Aluminum and MagnesiumAlloy Products (178.46)

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979

No.1

ASTM
B580

Reference

Standard
49 C.F.R. § 171.7
Specification for (2009)
Anodized Oxide
Coatings on
Aluminum

Title

Year
C.F.R.
Amended

Page 30 of 140

50 C.F.R. § 171.7, “Reference Material” (2009):
(a) Matter incorporated by reference—
(1) General. There is incorporated, by reference in parts 170-189 of this
subchapter, matter referred to that is not specifically set forth. This matter is
hereby made a part of the regulations in parts 170-189 of this subchapter. The
matter subject to change is incorporated only as it is in effect on the date of
issuance of the regulation referring to that matter. The material listed in
paragraph (a)(3) has been approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval and a notice of any
change in the material will be published in the FEDERAL REGISTER. Matters
referenced by footnote are included as part of the regulations of this subchapter.
(2) Accessibility of materials. All incorporated matter is available for inspection
at: (i) The Office of Hazardous Materials Safety, Office of Hazardous Materials
Standards, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. For information on the availability of this material at PHH-10,
call 1-800-467-4922, or go to: http://www.phmsa.dot.gov; and (ii) The National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. (3) Table of material incorporated by reference. The following table sets
forth material incorporated by reference. The first column lists the name and
address of the organization from which the material is available and the name of
the material. The second column lists the section(s) of this subchapter, other than
§171.7, in which the matter is referenced. The second column is presented for
information only and may not be all inclusive.
...
American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 1942, telephone [phone], http://www.astm.org:
Noncurrent ASTM Standards are available from Engineering Societies Library,
354 East 47th Street, New York, NY 10017
...
ASTM B 580-79 Standard Specification for Anodic Oxide Coatings on
Aluminum, (Re-approved 2000) (173.316, 173.318, 178.338-17)

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

No.1

ASTM
B68

Reference

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Seamless
Copper Tube,
Bright Annealed

Title

Year
C.F.R.
Amended

Page 31 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(47) ASTM B 68-95, Standard Specification for Seamless Copper Tube, Bright
Annealed (“ASTM B 68”), 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1986

No.1

ASTM
B694

Reference

Standard
7 C.F.R. §
Specification for 1755.390 (2010)
Copper, Copper
Alloy, and
Copper-Clad
Stainless Steel
Sheet and Strip
for Electrical
Cable Shielding

Title

Year
C.F.R.
Amended

Page 32 of 140

7 C.F.R. § 1755.390, “RUS Specification for Filled Telephone Cables” (2010):
(a) Scope. (1) This section covers the requirements for filled telephone cables
intended for direct burial installation either by trenching or by direct plowing, for
underground application by placement in a duct, or for aerial installations by
attachment to a support strand.
...
(7) American Society for Testing and Materials specifications (ASTM) A505-87,
Standard Specification for Steel, Sheet and Strip, Alloy, Hot-Rolled and ColdRolled, General Requirements For, ASTM B 193-87, Standard Test Method for
Resistivity of Electrical Conductor Materials; ASTM B 224-80, Standard
Classification of Coppers; ASTM B 694-86, Standard Specification for Copper,
Copper Alloy, and Copper- Clad Stainless Steel Sheet and Strip for Electrical
Cable Shielding; ASTM D 4565-90a, Standard Test Methods for Physical and
Environmental Performance Properties of Insulations and Jackets for
Telecommunications Wire and Cable; and ASTM D 4566-90, Standard Test
Methods for Electrical Performance Properties of Insulations and Jackets for
Telecommunications Wire and Cable referenced in this section are incorporated
by reference by RUS. These incorporations by references were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the ASTM standards are available for inspection during normal
business hours at RUS, room 2845, U.S. Department of Agriculture, Washington,
DC 20250, or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. Copies are available from ASTM, 1916 Race Street, Philadelphia, PA
19103-1187, telephone number [phone].

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

1984

No.1

ASTM
B75

ASTM
B85

Reference

Year
C.F.R.
Amended

Standard
46 C.F.R. § 56.01- 2000
Specification for 2 (1997)
AluminumAlloy Die
Castings

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Seamless
Copper Tube

Title

Page 33 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the Federal Register and the material must be
available to the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards (CG-521), 21002nd St, SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed below.
…
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
ASTM B 85-84 Aluminum-Alloy Die Castings. 56.60-2.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(48) ASTM B 75-97, Standard Specification for Seamless Copper Tube (“ASTM
B 75”), 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

1993

No.1

ASTM
B88

ASTM
B96

Reference

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Copper-Silicon
Alloy Plate,
Sheet Strip, and
Rolled Bar for
General
Purposes and
Pressure Vessels

Standard
46 C.F.R. § 56.01Specification for 2 (2011)
Seamless
Copper Water
Tube

Title

Year
C.F.R.
Amended

Page 34 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(51) ASTM B 96-93, Standard Specification for Copper-Silicon Alloy Plate,
Sheet, Strip, and Rolled Bar for General Purposes and Pressure Vessels
(“ASTMS 96”), 56.60-2.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
(e) ASTM International (formerly American Society for Testing and Materials)
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
…
(50) ASTM B 88-96, Standard Specification for Seamless Copper Water Tube
(“ASTM B 88”), 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1999a

No.1

ASTM
C150

Reference

Standard
30 C.F.R. §
Specification for 250.198 (2007)
Portland Cement

Title

2010

Year
C.F.R.
Amended

Page 35 of 140

30 C.F.R. § 250.901, “Documents Incorporated by Reference” (2007):
(a) MMS is incorporating by reference the documents listed in the table in
paragraph (e) of this section. The Director of the Federal Register has approved
this incorporation by reference according to 5 U.S.C. 552(a) and 1 CFR part 51.
1--1
...
(d) You may inspect these documents at the Minerals Management Service, 381
Elden Street, Room 3313, Herndon, Virginia; or at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. You may obtain the documents from the publishing organizations at the
addresses given in the following table:
...
(5) ASTM Standards………… American Society for Testing and Materials, 100
Bar Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959
...
ASTM Standard C 150-99, Standard Specification for Portland
Cement………………. § 250.901(a)(13).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
C177

Standard Test
Method for
Steady-State
Heat Flux
Measurements
and Thermal
Transmission
Properties by
Means of the
Guarded HotPlate Apparatus

Title

Year
C.F.R.
Amended
2013

Reference

10 C.F.R. §
431.105 (2010)

Page 36 of 140

10 C.F.R. § 431.105, “Materials Incorporated by Reference” (2010):
(a) The Department incorporates by reference the following test procedures into
Subpart G of Part 431. The Director of the Federal Register has approved the
material listed in paragraph (b) of this section for incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Any subsequent amendment
to this material by the standard-setting organization will not affect the
Department test procedures unless and until the Department amends its test
procedures. The Department incorporates the material as it exists on the date of
the approval and a notice of any change in the material will be published in the
FEDERAL REGISTER.
...
(c) Availability of references—(1) Inspection of test procedures. The test
procedures incorporated by reference are available for inspection at: (i) National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrlocations.
html.
...
(2) Obtaining copies of Standards. Anyone can purchase a copy of the standard
incorporated by reference from Global Engineering Documents, 15 Inverness
Way West, Englewood, CO 80112, or http://global.ihs.com/, or
http://webstore.ansi.org/ansidocstore/.
...
(d) Reference standards—(1) General. The standards listed in this paragraph are
referred to in the Department test procedures in this subpart, but they are not
incorporated by reference. These sources are given here for information and
guidance.
...
(ii) ASTM Standard Test Method C177-97, “Standard Test Method for SteadyState Heat Flux Measurements and Thermal Transmission Properties by Means of
the Guarded-Hot-Plate Apparatus.”

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

1999

ASTM
C330

Standard
30 C.F.R. §
Specification for 250.198 (2007)
Lightweight
Aggregates for
Structural
Concrete

10 C.F.R. §
1989(199 Standard Test
Method for
434.701 (2012)
3) e 1
Steady-State
Thermal
Performance of
Building
Assemblies by
Means of a
Goaded Hot Box

Reference

ASTM
C236

Title

Edition

No.1

2010

Year
C.F.R.
Amended

Page 37 of 140

30 C.F.R. § 250.901, “Documents Incorporated by Reference” (2007):
(a) MMS is incorporating by reference the documents listed in the table in
paragraph (e) of this section. The Director of the Federal Register has approved
this incorporation by reference according to 5 U.S.C. 552(a) and 1 CFR part 51.
...
(d) You may inspect these documents at the Minerals Management Service, 381
Elden Street, Room 3313, Herndon, Virginia; or at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. You may obtain the documents from the publishing organizations at the
addresses given in the following table:
...
(5) ASTM Standards American Society for Testing and Materials, 100 Bar
Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959
...
ASTM Standard C 330-99, Standard Specification for Lightweight Aggregates
for Structural Concrete….§250.901(a)(14).

10 C.FR. § 434.701, “General” (2012):
701.1 General. The standards, technical handbooks, papers, regulations, and
portions thereof, that are referred to in the sections and subsections in the
following list are hereby incorporated by reference into this part 434. The
following standards have been approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR
part 51. A notice of any change in these materials will be published in the
FEDERAL REGISTER. The standards incorporated by reference are available
for inspection at the U.S. Department of Energy, Office of Energy Efficiency,
Hearings and Dockets, Forrestal Building 1000 Independence Avenue SW,
Washington, DC 20585, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030 or go to
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The standards may be purchased at the addresses listed at the end of each
standard. The following standards are incorporated by reference in this part:
…
RS-7…ASTM C 236-89 (Reapproved 1993), Test Method for Steady-State
Thermal Performance of Building Assemblies by Means of a Guarded Hot Box,
American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103. 434.402.1.1; 434.402.1.2.1; 434.402.1.2.2.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

ASTM C5 1979
(1997)

No.1
Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Specification for 200 to 499) (2005)
Quicklime for
Structural
Purposes

Title

Page 38 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
…
ASTM C 5-79 Quicklime for Structural Purposes; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
C5-79 (1997). This underscores
the fact that PRO has not analyzed
the substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1984

No.1

ASTM
C509

Reference

10 C.F.R. § 440,
Standard
Specification for Appendix A
(2010)
Cellular
Elastomeric
Preformed
Gasket and
Sealing Material

Title

Year
C.F.R.
Amended

Page 39 of 140

10 C.F.R. § 440, Appendix A, “Standards for Weatherization Materials)” (2010):
The following standards which are not otherwise set forth in part 440 are
incorporated by reference and made a part of part 440. The following standards
have been approved for incorporation by reference by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials
are incorporated as they exist on April 5,1993 and a notice of any change in these
materials will be published in the FEDERAL REGISTER. The standards
incorporated by reference are available for inspection at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The standards incorporated by reference in part 440 can be obtained from
the following sources:
...
American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103; [phone]
...
Caulks and Sealants: Preformed gaskets and sealing materials … ASTM C509-84

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Year
C.F.R.
Amended

24 C.F.R. (Parts
2009
Standard
1980
(1996) e 1 Specification for 200 to 499) (2005)
Vermiculite
Loose Fill
Thermal
Insulation

Reference

ASTM
C516

Title

Edition

No.1

Page 40 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
…
ASTM C 516-80 Standard Specification for Vermiculite Loose Fill Thermal
Insulation (Reapproved 1985); Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
C1516-80 (1996)e1. This
underscores the fact that PRO has
not analyzed the substantive
regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1991

No.1

ASTM
C518

Reference

10 C.F.R. §
Standard Test
431.105 (2010)
Method for
Steady-State
Heat Flux
Measurements
and Thermal
Transmission
Properties by
Means of the
Heat Flow Meter
Apparatus

Title

2013

Year
C.F.R.
Amended

Page 41 of 140

10 C.F.R. § 431.105, “Materials Incorporated by Reference” (2010):
(a) The Department incorporates by reference the following test procedures into
Subpart G of Part 431. The Director of the Federal Register has approved the
material listed in paragraph (b) of this section for incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Any subsequent amendment
to this material by the standard-setting organization will not affect the
Department test procedures unless and until the Department amends its test
procedures. The Department incorporates the material as it exists on the date of
the approval and a notice of any change in the material will be published in the
FEDERAL REGISTER.
...
(c) Availability of references—(1) Inspection of test procedures. The test
procedures incorporated by reference are available for inspection at: (i) National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrlocations.
html.
...
(2) Obtaining copies of Standards. Anyone can purchase a copy of the standard
incorporated by reference from Global Engineering Documents, 15 Inverness
Way West, Englewood, CO 80112, or http://global.ihs.com/, or
http://webstore.ansi.org/ansidocstore/.
...
(d) Reference standards—(1) General. The standards listed in this paragraph are
referred to in the Department test procedures in this subpart, but they are not
incorporated by reference. These sources are given here for information and
guidance.
...
(2) List of References. (i) ASTM Standard Test Method C518-91, “Standard Test
Method for Steady-State Heat Flux Measurements and Thermal Transmission
Properties by Means of the Heat Flow Meter Apparatus.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Standard
24 C.FR. § 200,
1981
(1995) e 1 Specification for Appendix A
Perlite Loose
(2010)
Fill Insulation

Reference

ASTM
C549

Title

Edition

No.1
Year
C.F.R.
Amended

Page 42 of 140

24 C.F.R. § 200, APPENDIX A TO PART 200—STANDARDS
INCORPORATED BY REFERENCE IN THE MINIMUM PROPERTY
STANDARDS FOR HOUSING (HUD HANDBOOK 4910.1) (2010):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200. The MPS are available for public
inspection and can be obtained for appropriate use at 490 L’Enfant Plaza East,
Suite 3214, or at each HUD Regional, Area, and Service Office. Copies are
available for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030, or go to:
http://www.archives.gov/federallregister/codeloffederallregulations/ibrllocations.
html. The individual standards referenced in the MPS are available at the address
contained in the following table. They are also available for public inspection at
the HUD, Manufactured Housing and Construction Stands Division, Suite 3214,
490 L’Enfant Plaza East, Washington, DC 20024.
...
American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103, Telephone [phone]
...
ASTM C 549-81 Standard Specification for Perlite Loose Fill Insulation
(Reapproved 1986)

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1970
(1982)

No.1

ASTM
C564

Reference

Year
C.F.R.
Amended

24 C.F.R. (Parts
2009
Standard
Specification for 200 to 499) (2005)
Rubber Gaskets
for Cast Iron
Soil Pipe and
Fittings

Title

Page 43 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
…
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
…
ASTM C 564-70 (R 76) Rubber Gaskets for Cast Iron Soil Pipe find Fittings;
Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
C564-70 (1982). This underscores
the fact that PRO has not analyzed
the substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1993
(1998)

No.1

ASTM
D1217

Reference

Standard Test
40 C.F.R. § 75.6
Method for
(2010)
Density and
Relative Density
(Specific
Gravity) of
Liquids by
Bingham
Pycnometer

Title

Year
C.F.R.
Amended

Page 44 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Those materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
…
(7) ASTM D1217-993 (Reapproved 1998), Standard Test Method for Density
and Relative Density (Specific Gravity) of Liquids by Bingham Pycnometer, for
appendix D of this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

ASTM
D1246

1995
(1999)

Standard Test
Method for
Bromide Ion in
Water

40 C.F.R. §
136.3(a) Table IB
(2003)

Page 45 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2003): -0..
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, and
IF. The full text of the referenced test procedures are incorporated by reference
into Tables IA, IB, IC, ID, IE, and IF. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Information regarding obtaining these documents
can be obtained from the EPA Office of Water Statistics and Analytical Support
Branch at 202-566-1000. Documents may be inspected at EPA’s Water Docket,
EPA West, 1301 Constitution Avenue, NW., Room B135, Washington, DC
(Telephone: [phone]); or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. These test procedures are
incorporated as they exist on the day of approval and a notice of anys change in
these test procedures will be published in the FEDERAL REGISTER. The
discharge parameter values for which reports are required must be determined by
one of the standard analytical test procedures incorporated by reference and
described in Tables IA, IB, IC, IE, and IF, or by any alternate test procedure
which has been approved by the Administrator under the provisions of paragraph
(d) of this section and §§ 136.4 and 136.5. Under certain circumstances
(paragraph (b) or (c) of this section or 40 CFR 401.13) other test procedures may
be more advantageous when such other test procedures have been previously
approved by the Regional Administrator of the Region in which the discharge
will occur, and providing the Director of the State in which such discharge will
occur does not object to the use of such alternate test procedure.
…
(b) The full texts of the methods from the following references which are cited in
Tables IA, IB, IC, ID, IE, and IF are incorporated by reference into this
regulation and may be obtained from the sources identified. All costs cited are
subject to change and must be co verified from the indicated sources. The full
texts of all the test procedures cited are available for inspection at the National
Exposure Research Laboratory, Office of Research and Development, U.S.
Environmental Protection Agency, 26 West Martin Luther King Dr., Cincinnati,
OH 45268 and the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC.
...
Table IB: 11. Bromide, mg/L: Titrimetric
……………………………………………………ASTM D1246-95(C).
...
10) Annual Book of ASTM Standards, Water, and Environmental Technology,
Section 11, Volumes 11.01 and 11.02, 1994, 1996, and 1999. Available from:
ASTM International, 100 Barr Harbor Drive, P.O. Box C-700, West
Conshohocken, PA 19428-2959. Tables IB, IC, ID, and IE.

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Edition

1986
(1996)

1998

No.1

ASTM
D1253

ASTM
D1266

40 C.F.R. §
141.131(a)(2)
(2006-2008)

Reference

Year
C.F.R.
Amended

Standard Test
40 C.F.R. §
2006
Method for
1065.1010 (2005)
Sulfur in
Petroleum
Products (Lamp
Methods)

Standard Test
Method for
Residual
Chlorine in
Water

Title

Page 46 of 140

40 C.F.R. § 1065.1010 “Reference materials.” (2005):
We have incorporated by reference the documents listed in this section. The
Director of the Federal Register approved the incorporation by reference as
prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. Anyone may inspect copies at
the U.S. EPA, Air and Radiation Docket and Information Center, 1301
Constitution Ave., NW., Room B102, EPA West Building, Washington, DC
20460 or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030 or go
to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html.
(a) ASTM material. Table 1 of § 1065.1010 lists material from the American
Society for Testing and Materials that we have incorporated by reference. The
first column lists the number and name Ail material. The second column lists the
sections of this part where we reference it. Anyone may purchase copies of these
materials from the American Society for Testing and Materials, 100 Barr Harbor
Dr., West Conshohocken, PA 19428. Table 1 follows:
TABLE 1 OF § 1065.1010—ASTM MATERIALS
ASTM D 1266-98, Standard Test Method for Sulfur in Petroleum Products
(Lamp Method)……………………. 1065.210

40 C.F.R. § 141.131(a)(2) (2008):
The following documents are incorporated by reference. The Director of the
Federal Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at EPA’s Drinking
Water Docket, 1301 Constitution Avenue, NW., EPA West, Room B102,
Washington, DC 20460, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. . . ASTM Methods D 1253-86 and D 1253-86 (Reapproved 1996) shall be
followed in accordance with the Annual Book of ASTM Standards, Volume
11.01, American Society for Testing and Materials International, 1996 or any
ASTM edition containing the IBR-approved version of the method may be used.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

1999

No.1

ASTM
D129

ASTM
D1298

42 C.F.R. § 60.17
(2011)

Reference

Standard Test
40 C.F.R. §
600.011 (2013)
Method for
Density,
Relative Density
(Specific
Gravity), or API
Gravity of Crude
Petroleum and
Liquid
Petroleum
Products by
Hydrometer
Method

Standard Test
Method for
Sulfur in
Petroleum
Products
(General Bomb
Method)

Title

2014

Year
C.F.R.
Amended

Page 47 of 140

40 C.F.R. § 600.011, “Incorporation by reference” (2013):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Environmental
Protection Agency must publish a notice of the change in the Federal Register
and the material must be available to the public. All approved material is
available for inspection at U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460, [phone], and is available from the sources listed
below. It is also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html and is available from the sources listed below:
(b) American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA, 19428-2959, [phone],
http://www.astraorg/.
(2) ASTM D 1298-99 (Reapproved 2005) Standard Practice for Density,
Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and
Liquid Petroleum Products by Hydrometer MEd, approved November 1, 2005,
IBR approved for §§ 600.113-08(f) and (g), 600.113-12(f) and (g), 600.51008(g), and 600.510-12(g).

40 C.F.R. § 60.17, “Incorporations by reference” (2011):
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as they
exist on the date of the approval, and a notice of any change in these materials
will be published in the Federal Register. The materials are available for purchase
at the corresponding address noted below, and all are available for inspection at
the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
…
(8) ASTM D129-64, 78, 95, 00, Standard Test Method for Sulfur in Petroleum
Products (General Bomb Method), IBR approved for §§ 60.106(j)(2),
60.335(b)(10)(i), and appendix A: Method 19, 12.5.2.2.3.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1967
(1972)

1993
(1997)

No.1

ASTM
D1335

ASTM
D1412

Reference

Standard Test
30 C.F.R. §
Method for
870.18
Equilibrium
Moisture of Coal
at 96 to 97
Percent Relative
Humidity and 30
Degrees Celsius

Standard
24 C.F.R. §
Method of Test 200.942 (2015)
for Tuft Bind of
Pile Floor
Coverings

Title

Year
C.F.R.
Amended

Page 48 of 140

30 C.F.R. § 870.18, “General rules for calculating excess moisture” (1999):
(c) The following definitions are applicable to §§ 870.19 and 870.20. ASTM
standards D4596-93, Standard Practice for Collection of Channel Samples of
Coal in a Mine; D5192-91, Standard Practice for Collection of Coal Samples
from Core; and, D1412-93, Standard Test Method for Equilibrium Moisture of
Coal at 96 to 97 Percent Relative Humidity and 30 °C are incorporated by
reference as published in the 1994 Annual Book of ASTM Standards, Volume
05.05. The Director of the Federal Register approved this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each date of
the approval, and a notice of any change in it will be published in the FEDERAL
REGISTER. You may obtain copies from the ASTM, 100 Barr Harbor Drive,
West Conshohocken, Pennsylvania 19428. A copy of the ASTM standards is
available for inspection at the Office of Surface Mining Reclamation and
Enforcement, Administrative Record, Room 101, 1951 Constitution Avenue,
NW., Washington, DC, or at the Office of the Federal Register, 800 North
Capitol St., NW., Suite 700, Washington, DC.

24 C.F.R. § 200.942, “Supplementary specific procedural requirements under
HUD building product standards and certification program for carpet and carpet
with attached cushion” (2015):
(a) Applicable standards.
(v) ASTM D1335-67 (Reapproved 1972)—Standard Test Method for Tuft Bind
of Pile Floor Coverings;
…
(2) These standards have been approved by the Director of the Federal Register
for incorporation by reference. They are available from the...
(ii) American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA 19103

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1993
(1997)

No.1

ASTM
D1480

Reference

40 C.F.R. § 75.6
Standard Test
(2010)
Method for
Density and
Relative Density
(Specific
Gravity) of
Viscous
Materials by
Bingham
Pycnometer

Title

Year
C.F.R.
Amended

Page 49 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St, SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
hllp://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
(10) ASTM D1480-93 (Reapproved 1997), Standard Test Method for Density
and Relative Density (Specific Gravity) of Viscous Materials by Bingham
Pycnometer, for appendix D of this part

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1993
(1997)

No.1

ASTM
D1481

Standard Test
Method for
Density and
Relative
Density
(Specific
Gravity) of
Viscous
Materials by
Lipkin
Bicapillary
Pycnometer

Title

40 C.F.R. § 75.6
(2008-2018)

Reference

Year
C.F.R.
Amended

Page 50 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL
REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St„ SW., Washington,
Park, North Carolina or at the National Archives and Records Administration
(NARA). For information on the availability of this material at DC and at the
Library (MD-35), U.S. EPA, Research Triangle
NARA, call 202-741-6030, or go to:
hdp://www.archives.gov/federallregister/codeloflfederallregulations/thrllocations
.htmL
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
(11) ASTM D1481-93 (Reapproved 1997), Standard Test Method for Density
and Relative Density (Specific Gravity) of Viscous Materials by Lipkin
Bicapillary Pycnometer, for appendix D of this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1985
(1998) el

No.1

ASTM
D1518

Reference

Standard Test
46 C.F.R. §
Method for
160.174-3 (2014)
Thermal
Transmittance of
Textile Materials

Title

Year
C.F.R.
Amended

Page 51 of 140

46 C.F.R. § 160.174-3, “Incorporation by reference” (2014):
(a) Certain materials are incorporated by reference into this subchapter with the
approval of the Director of the Federal Register. The Office of the Federal
Register publishes a table, “Material Approved for Incorporation by Reference,”
which appears in the Finding Aids section of this volume. In that table is found
citations to the particular sections of this part where the material is incorporated
and date of the approval by the Director of the Federal Register. To enforce any
edition other than the one listed in paragraph (b) of the section, notice of change
must be published in the Federal Register and the material made available. All
approved material is on file at the Office of the Federal Register, Washington, DC
20408, and at Coast Guard Headquarters. Contact Commandant (CG-ENG-4),
Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue, SE., Washington, DC 20593-7509, Washington,
DC 20593-7126.
(b) The materials approved for incorporation by reference in this subpart are:
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) 100
BARR HARBOR DRIVE, WEST CONSHOHOCKEN, PA 19428-2959.
...
ASTM D 1518-85 (1990), STANDARD TEST METHOD FOR THERMAL
TRANSMITTANCE OF TEXTILE MATERIALS-160.174-17

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1989

No.1

ASTM
D1535

Reference

Standard Test
7 C.F.R. §
Method for
1755.910 (2014)
Specifying Color
by the Munsell
System

Title

Year
C.F.R.
Amended

Page 52 of 140

7 C.F.R. § 1755.910, “RUS specification for outside plant housings and serving
area interface systems”“ (2014):
(7) The American Society for Testing and Materials Specifications
(ASTM)…..ASTM D 1535-89, Standard Test Method for Specifying Color by
the Munsell System; ASTM D 1654-92, Standard Test Method for Evaluation of
Painted or Coated Specimens Subjected to Corrosive Environments; ASTM D
1693-70 (Reapproved 1988), Standard Test Method for Environmental StressCracking of Ethylene Plastics; ASTM D 2197-86 (Reapproved 1991), Standard
Test Method for Adhesion of Organic Coatings by Scrape Adhesion; ASTM D
2247-92, Standard Practice for Testing Water Resistance of Coatings in 100%
Relative Humidity; ASTM D 2565-92, Standard Practice for Operating Xenon
Arc-Type Light-Exposure Apparatus With and Without Water for Exposure of
Plastics; ASTM D 2794-92, Standard Test Method for Resistance of Organic
Coatings to the Effects of Rapid Deformation (Impact); ASTM D 3928-89,
Standard Test Method for Evaluation of Gloss or Sheen Uniformity; ASTM D
4568-86, Standard Test Methods for Evaluating Compatibility Between Cable
Filling and Flooding Compounds and Polyolefin Cable Materials; ASTM G 2190, Standard Practice for Determining Resistance of Synthetic Polymeric
Materials to Fungi; and ASTM G 23-90, Standard Practice for Operating LightExposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of
Nonmetallic Materials, referenced in this section are incorporated by reference by
RUS. These incorporations by references were approved by the Director of the
Federal Register in accordance with U.S.C. 552(a) and 7 CFR part 51. Copies of
the ASTM standards are available for inspection during normal business hours at
RUS, room 2845-8, U.S. Department of Agriculture, Washington, 50-20250, or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of federal regulations/fix
locations.htmL Copies are available from ASTM, 1916 Race Street, Philadelphia,
Pennsylvania 19103-1187, telephone number [phone].

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

No.1

ASTM
D1552

Reference

41 C.F.R.§ 60.17
Standard Test
(2011)
Method for
Sulfur in
Petroleum
Products (HighTemperature
Method)

Title

Year
C.F.R.
Amended

Page 53 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(a) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(24) ASTM D1552-83, 95, 01, Standard Test Method for Sulfur in Petroleum
Products (High-Temperature Method), IBR approved for §§ 60.106(j)(2),
60.335(b)(10)(i), and appendix A: Method 19, Section 12.5.2.2.3.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

ASTM
D1688

1995

Standard Test
Methods for in
Water
40 C.F.R. §
136.3(a) Table
1B (2003)

Page 54 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2003):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, and
IF. The full text of the referenced test procedures are incorporated by reference
into Tables IA, IB, IC, ID, IE, and IF. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Information regarding obtaining these documents
can be obtained from the EPA Office of Water Statistics and Analytical Support
Branch at 202-566-1000. Documents may be inspected at EPA’s Water Docket,
EPA West, 1301 Constitution Avenue, NW., Room B135, Washington, DC
(Telephone: [phone]); or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. These test procedures are
incorporated as they exist on the day of approval and a notice of any change in
these test procedures will be published in the FEDERAL REGISTER. The
discharge parameter values for which reports are required must be determined by
one of the standard analytical test procedures incorporated by reference and
described in Tables IA, IB, IC, IE, and IF, or by any alternate test procedure
which has been approved by the Administrator under the provisions of paragraph
(d) of this section and §§ 136.4 and 136.5. Under certain circumstances
(paragraph (b) or (c) of this section or 40 CFR 401.13) other test procedures
maybe more advantageous when such other test procedures have been previously
approved by the Regional Administrator of the Region in which the discharge
will occur, and providing the Director of the State in which such discharge will
occur does not object to the use of such alternate test procedure.
...
(b) The full texts of the methods from the following references which are cited in
Tables IA, IB, IC, ID, IE, and IF are incorporated by reference into this
regulation and may be obtained from the sources identified. All costs cited are
subject to change and must be verified from the indicated sources. The full texts
of all the test procedures cited are available for inspection at the National
Exposure Research Laboratory, Office of Research and Development, U.S.
Environmental Protection Agency, 26 West Martin Luther King Dr., Cincinnati,
OH 45268 and the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.
...
Table IB: 22. Copper-Total, 4 mg/L; Digestion followed by: AA direct
aspiration................D1688-95(A or B).
...
10) Annual Book of ASTM Standards, Water, and Environmental Technology,
Section 11, Volumes 11.01 and 11.02, 1994, 1996, and 1999. Available from:
ASTM International, 100 Barr Harbor Drive, P.O. Box C-700, West
Conshohocken, PA 19428-2959. Tables IB, IC, ID, and IE.

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Edition

1986

1997

No.1

ASTM
D1785

ASTM
D1835

Reference

Standard
Specification
for Liquefied
Petroleum (LP)
Gases

41 C.F.R. §60.17
(2011)

Standard
46 C.F.R. §
Specification
56.01-2 (1997)
for Poly (Vinyl
Chloride)(PVC)
Plastic Pipe,
Schedules 40,
80, and 120

Title

Year
C.F.R.
Amended

Page 55 of 140

C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(a) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(27) ASTM D1835-87, 91, 97, 03a, Standard Specification for Liquefied
Petroleum (LP) Gases, IBR approved for §§ 60.41Da of subpart Da of this part,
60.41b of subpart Db of this part, 60.41c of subpart Dc of this part.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM D 1785-83 Poly(Vinyl Chloride)(PVC) Plastic Pipe, Schedules 40, 80,
and 120. 56.60-25.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

No.1

ASTM
D1890

Standard Test
Method for Beta
Particle
Radioactivity of
Water

Title

40 C.F.R. §
136.3(b)(15)(xxvi
ii) and Table IE
(2012-2018)

Reference

Year
C.F.R.
Amended

Page 56 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2003):
(b) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for inspection at EPA’s Water Docket, EPA
West, 1301 Constitution Avenue NW., Room 3334, Washington, DC 20004,
Telephone: [phone], and is available from the sources listed below. It is
also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
...
(15) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, or online at http://www.astm.org.
...
(xxviii) ASTM D1890-96, Standard Test Method for Beta Particle Radioactivity
of Water. April 1996. Table IE.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

No.1

ASTM
D1943

Reference

Standard Test
40 C.F.R. §
Method for
136.3(a) Table IE
Alpha Particle
(2010)
Radioactivity of
Water

Title

Year
C.F.R.
Amended

Page 57 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2010):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. In the event of a conflict between the reporting requirements of 40
CFR Parts 122 and 125 and any reporting requirements associated with the
methods listed in these tables, the provisions of 40 CFR Parts 122 and 125 are
controlling and will determine a permittee’s reporting requirements. The full text
of the referenced test procedures are incorporated by reference into Tables IA,
IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Documents may be inspected at EPA’s Water
Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington,
DC (Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. These test procedures are incorporated as they exist on the day of
approval and a notice of any change in these test procedures will be published in
the Federal Register. The discharge parameter values for which reports are
required must be determined by one of the standard analytical test procedures
incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and
IH or by any alternate test procedure which has been approved by the
Administrator under the provisions of paragraph (d) of this section and §§ 136.4
and 136.5. Under certain circumstances paragraph (c) of this section, § 136.5(a)
through (d) or 40 CFR 401.13, other additional or alternate test procedures may
be used.
...
Table IE: 1. Alpha-Total, pCi per liter...D1943-90, 96.
...
10) ASTM International. Annual Book of ASTM Standards, Water, and
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 1996,
1999, Volume 11.02, 2000, and individual standards published after 2000.
Available from: ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, or http://www.astm.org. Tables IA, IB,
IC, ID, IE, and IH.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

1990
(1994) el

No.1

ASTM
D1945

ASTM
D1946

41 C.F.R.§ 60.17
(2019)

40 C.F.R. § 75.6
(2010)

Standard
Practice for
Analysis of
Reformed Gas
by Gas
Chromatograph
y

Reference

Standard Test
Method for
Analysis of
Natural Gas By
Gas
Chromatograph
y

Title

Year
C.F.R.
Amended

Page 58 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
...
(15) ASTM D1946-90 (Reapproved 2006), Standard Practice for Analysis of
Reformed Gas by Gas Chromatography, for appendices F and G of this part.

40 C.F.R. § 60.17, “Incorporations by reference” (2019) :
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the EPA must
publish notice of change in the Federal Register and the material must be
available to the public. All approved material is available for inspection at the
EPA Docket Center, Public Reading Room, EPA WIC West, Room 3334, 1301
Constitution Ave. NW., Washington, DC, telephone number 202-566-1744, and
is available from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call [phone] or go to
http://www.archives.gov/federal__register/code__of__federal__regulations/ibr_
_locations.html. . . .
(74) ASTM D1945-96, Standard Method for Analysis of Natural Gas by Gas
Chromatography, IBR approved for §60.45(f).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1986
(1994)

1996

No.1

ASTM
D2013

ASTM
D2015

Reference

Standard
Method of
Preparing Coal
Samples for
Analysis

Standard Test
4 C.F.R. § 60.17
Method for
(2015)
Gross Calorific
Value of Coal
and Coke by the
Adiabatic Bomb
Calorimeter

41 C.F.R. § 60.17
(2011)

Title

Year
C.F.R.
Amended

Page 59 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2015) :
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the EPA must
publish notice of change in the FEDERAL REGISTER and the material must be
available to the public. All approved material is available for inspection at the
EPA Docket Center, Public Reading Room, EPA WIC West, Room 3334, 1301
Constitution Ave. NW., Washington, DC, telephone number 202-566-1744, and
is available from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call [phone] or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
...
(g) The following material is available for purchase from ASTM International,
100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania
19428-2959, [phone], http://www.astm.org.
...
(82) ASTM D2015-96, Standard Test Method for Gross Calorific Value of Solid
Fuel by the Adiabatic Bomb Calorimeter, IBR approved for §§ 60.45(f),
60.46(c), and appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(30) ASTM D2013-72, 86, Standard Method of Preparing Coal Samples for
Analysis, IBR approved for appendix A: Method 19, Section 12.5.2.1.3.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

ASTM
D2036

1998

Standard Test
Method for
Cyanides in
Water
40 C.F.R. §
136.3(a) Table IB
(2003)

Page 60 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2003):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, and
IF. The full text of the referenced test procedures are incorporated by reference
into Tables IA, IB, IC, ID, IE, and IF. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Information regarding obtaining these documents
can be obtained from the EPA Office of Water Statistics and Analytical Support
Branch at 202-566-1000. Documents may be inspected at EPA’s Water Docket,
EPA West, 1301 Constitution Avenue, NW., Room B135, Washington, DC
(Telephone: [phone]); or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. These test procedures are
incorporated as they exist on the day of approval and a notice of any change in
these test procedures will be published in the FEDERAL REGISTER. The
discharge parameter values for which reports are required must be determined by
one of the standard analytical test procedures incorporated by reference and
described in Tables IA, IB, IC, IE, and IF, or by any alternate test procedure
which has been approved by the Administrator under the provisions of paragraph
(d) of this section and §§ 136.4 and 136.5. Under certain circumstances
(paragraph (b) or (c) of this section or 40 CFR 401.13) other test procedures may
be more advantageous when such other test procedures have been previously
approved by the Regional Administrator of the Region in which the discharge
will occur, and providing the Director of the State in which such discharge will
occur does not object to the use of such alternate test procedure.
...
(b) The full texts of the methods from the following references which are cited in
Tables IA, IB, IC, ID, IE, and IF are incorporated by reference into this
regulation and may be obtained from the sources identified. All costs cited are
subject to change and must be verified from the indicated sources. The full texts
of all the test procedures cited are available for inspection at the National
Exposure Research Laboratory, Office of Research and Development, U.S.
Environmental Protection Agency, 26 West Martin Luther King Dr., Cincinnati,
OH 45268 and the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.
...
Table IB: 23. Cyanide-Total, mg/L: Manual distillation with MgCl2...D203698(A).
...
10) Annual Book of ASTM Standards, Water, and Environmental Technology,
Section 11, Volumes 11.01 and 11.02, 1994, 1996, and 1999. Available from:
ASTM International, 100 Barr Harbor Drive, P.O. Box C-700, West
Conshohocken, PA 19428-2959. Tables IB, IC, ID, and IE.

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Edition

1991
(1996)

1998

No.1

ASTM
D2163

ASTM
D2216

Standard Test
Method for
Laboratory
Determination
of Water
(Moisture)
Content of Soil
and Rock by
Mass

Standard Test
Method for
Analysis of
Liquefied
Petroleum (LP)
Gases and
Propane
Concentrates by
Gas
Chromatograph
y

Title

Year
C.F.R.
Amended

40 C.F.R. §
258.41 (2014)

40 C.F.R. §
2008
1065.1010(a) and
Table 1 (20032008)

Reference

Page 61 of 140

40 C.F.R. § 258.41, “Project XL Bioreactor Landfill Projects” (2014):
(a)(4)(iii)(A) The GCL shall be formulated and manufactured from
polypropylene geotextiles and high swelling containment resistant sodium
bentonite. The bentonite-geotextile liner shall be manufactured using a minimum
of one pound per square foot as determined using the Standard Test Method for
Measuring Mass per Unit Area of Geotextiles, ASTM D-5261-92 (reapproved in
1996). The high swelling sodium montmorillonite clay shall be at 12% moisture
content as determined by the Standard Test Method for Laboratory
Determination of Water (Moisture) Content of Soil and Rock by Mass, ASTM
D2216-98. The Director of the Federal Register approves this incorporation by
reference with 5 U.S.C. 552(a) and 1 CFR part 51. These methods are available
from The American Society for Testing and Materials, 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959. These methods may be inspected at
EPA’s docket office located at Crystal Gateway, 1235 Jefferson Davis Highway,
First Floor, Arlington, Virginia, or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.

40 C.F.R. § 1065.1010 “Reference materials” (2008):
Documents listed in this section have been incorporated by reference into this
part. The Director of the Federal Register approved the incorporation by
reference as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. Anyone may
inspect copies at the U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460 or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) ASTM material. Table 1 of this section lists material from the American
Society for Testing and Materials that we have incorporated by reference. The
first column lists the number and name of the material. The second column lists
the sections of this part where we reference it. Anyone may purchase copies of
these materials from the American Society for Testing and Materials, 100 Barr
Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428 or www.astm.com.
Table 1 follows: ):
TABLE 1 OF § 1065.1010-ASTM MATERIALS)
...
ASTM D 2163-91 (Reapproved 1996), Standard Test Method for Analysis of
Liquefied Petroleum (LP) Gases and Propene Concentrates by Gas
Chromatography 1065.720

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

No.1

ASTM
D2234

Standard
Practice for
Collection of a
Gross Sample
of Coal

Title

41 C.F.R. §
60.17(2011)

Reference

Year
C.F.R.
Amended

Page 62 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(33) ASTM D2234-76, 96, 97b, 98, Standard Methods for Collection of a Gross
Sample of Coal, IBR approved for appendix A: Method 19, Section 12.5.2.1.1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
D2460

Standard Test
Method for
Alpha-ParticleEmitting
Isotopes of
Radium in
Water

Title

40 C.F.R. §
136.3(a) Table IE
(2010)

Reference

Year
C.F.R.
Amended

Page 63 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2010):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. In the event of a conflict between the reporting requirements of 40
CFR Parts 122 and 125 and any reporting requirements associated with the
methods listed in these tables, the provisions of 40 CFR Parts 122 and 125 are
controlling and will determine a permittee’s reporting requirements. The full text
of the referenced test procedures are incorporated by reference into Tables IA,
IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Documents may be inspected at EPA’s Water
Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington,
DC (Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. These test procedures are incorporated as they exist on the day of
approval and a notice of any change in these test procedures will be published in
the Federal Register. The discharge parameter values for which reports are
required must be determined by one of the standard analytical test procedures
incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and
IH or by any alternate test procedure which has been approved by the
Administrator under the provisions of paragraph (d) of this section and §§ 136.4
and 136.5. Under certain circumstances paragraph (c) of this section, § 136.5(a)
through (d) or 40 CFR 401.13, other additional or alternate test procedures may
be used.
...
Table IE: 5. (a) Radium Total pCi per liter(b) Ra, pCi per liter...D2460-90, 97.
...
10) ASTM International. Annual Book of ASTM Standards, Water, and
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 1996,
1999, Volume 11.02, 2000, and individual standards published after 2000.
Available from: ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, or http://www.astm.org. Tables IA, IB,
IC, ID, IE, and IH.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992
(1996)

No.1

ASTM
D2502

Standard Test
Method for
Estimation of
Molecular
Weight
(Relative
Molecular
Mass) of
Petroleum Oils
from Viscosity
Measurements

Title

40 C.F.R. § 75.6
(2010)

Reference

Year
C.F.R.
Amended

Page 64 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington,
DC and at the Library (MD-35), U.S. EPA, Research Triangle Park, North
Carolina or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
...
(21) ASTM D2502-92 (Reapproved 1996), Standard Test Method for Estimation
of Molecular Weight (Relative Molecular Mass) of Petroleum Oils from
Viscosity Measurements, for appendix G of this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992
(1997)

No.1

ASTM
D2503

Reference

40 C.F.R. § 75.6
Standard Test
(2010)
Method for
Relative
Molecular Mass
(Molecular
Weight) of
Hydrocarbons
by
Thermoelectric
Measurement of
Vapor Pressure

Title

Year
C.F.R.
Amended

Page 65 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
...
(22) ASTM D2503-92 (Reapproved 1997), Standard Test Method for Relative
Molecular Mass (Molecular Weight) of Hydrocarbons by Thermoelectric
Measurement of Vapor Pressure, for appendix G of this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1994
(1999)

1998

No.1

ASTM
D2597

ASTM
D2622

Reference

Standard Test
Method for
Sulfur in
Petroleum
Products by
Wavelength
Dispersive Xray
Fluorescence
Spectrometry

41 C.F.R. § 60.17
(2011)

Standard Test
41 C.F.R. § 60.17
Method for
(2011)
Analysis of
Demethanized
Hydrocarbon
Liquid Mixtures
Containing
Nitrogen and
Carbon Dioxide
by Gas
Chromatograph
y

Title

Year
C.F.R.
Amended

Page 66 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(39) ASTM D2622-87, 94, 98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR
approved for §§ 60.106(j)(2) and 60.335(b)(10)(i).

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(38) ASTM D2597-94 (Reapproved 1999), Standard Test Method for Analysis
of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen and
Carbon Dioxide by Gas Chromatography, IBR approved for § 60.335(b)(9)(i).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987
(1995)

1998

No.1

ASTM
D2724

ASTM
D2777

Reference

Standard
46 C.F.R. §
Practice for
162.050-4 (2011)
Determination
of Precision and
Bias of
Applicable Test
Methods of
Committee D19 on Water

Standard Test
49 C.F.R. § 238
Methods for
Appendix B
Bonded, Fused, (2010)
and Laminated
Apparel Fabrics

Title

Year
C.F.R.
Amended

Page 67 of 140

46 C.F.R. § 162.050-4, “Incorporation by reference: Where can I get a copy of
the publications mentioned in this part?” (2011)
(a) Certain material is incorporated by reference into this subpart with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1
(2011) CFR part 51. To enforce any edition other than that specified in
paragraph (b) of this section, the Coast Guard must publish a notice of change in
the FEDERAL REGISTER and the material must be available to the public. All
approved material is available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. Also, it is available for inspection at the Coast Guard, Office of Design
and Engineering Standards (CG-521), 2100 2nd St., SW., Stop 7126,
Washington, DC 20593-7126, telephone [phone], and is available from the
sources indicated in paragraph (b) of this section.
(b) American Society for Testing and Materials 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
(1) ASTM D2777-98, Standard Practice for Determination of Precision and Bias
of Applicable Test Methods of Committee D-19 on Water (“ASTM D2777-98”),
incorporation by reference approved for §162.050-15.

49 C.F.R. § 238 APPENDIX B TO PART 238, “TEST METHODS AND
PERFORMANCE CRITERIA FOR THE FLAMMABILITY AND SMOKE
EMISSION CHARACTERISTICS OF MATERIALS USED IN PASSENGER
CARS AND LOCOMOTIVE CABS”
(a) Incorporation by reference. Certain documents are incorporated by reference
into this appendix with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect a copy of
each document during normal business hours at the Federal Railroad
Administration, Docket Clerk, 1200 New Jersey Avenue, SE., Washington, DC
20950 or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The documents incorporated by reference into this appendix and the
sources from which you may obtain these documents are listed below:
(1) American Society for Testing and Materials (ASTM), 100 Barr Harbor Dr.,
West Conshohocken, PA 19428-2959.
...
(ii) ASTM D 2724-87, Standard Test Methods for Bonded, Fused, and
Laminated Apparel Fabrics.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992
(1995)

No.1

ASTM
D287

Reference

40 C.F.R. § 94.5
(2014)

Title

Standard Test
Method for API
Gravity of
Crude
Petroleum and
Petroleum
Products
(Hydrometer
Method)

Year
C.F.R.
Amended

Page 68 of 140

40 C.F.R. § 94.5, “Reference materials” (2014):
The materials listed in this section are incorporated by reference into this part
with the approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any edition other than that specified in this
section, a document must be published in the Federal Register and the material
must be available to the public. All approved materials are available for
inspection at the Air and Radiation Docket and Information Center (Air Docket)
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room is
[phone], and the telephone number for the Air Docket is [phone].
These approved materials are also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call [phone] or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. In addition, these materials are available from the sources listed below.
(a) ASTM material. Copies of these materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA
19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
...
(4) ASTM D287-92 (Reapproved 2000), Standard Test Method for API Gravity
of Crude Petroleum and Petroleum Products (Hydrometer Method), IBR
approved for § 94.108.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

1995a
(1999)

No.1

ASTM
D2879

ASTM
D2986

Reference

Standard
Practice for
Evaluation of
Air, Assay
Media by the
Monodisperse
DOP (Dioctyl
Phthalate)
Smoke Test

40 C.F.R. § 86.1
(2008)

41 C.F.R. § 60.17
Standard Test
(2011)
Method for
Vapor PressureTemperature
Relationship
and Initial
Decomposition
Temperature of
Liquids by
Isoteniscope

Title

2014

Year
C.F.R.
Amended

Page 69 of 140

C.F.R. § 86.1, “Reference materials” (2008):
(a) The documents in paragraph (b) of this section have been incorporated by
reference. The incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at U.S. EPA, OAR, 401 M St., SW., Washington, DC 20460,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. (b) The following paragraphs and tables set forth the material that has
been incorporated by reference in this part. (1) ASTM material. The following
table sets forth material from the American Society for Testing and Materials
that has been incorporated by reference. The first column lists the number and
name of the material. The second column lists the section(s) of this part, other
than this section, in which the matter is referenced. Copies of these materials
may be obtained from American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
...
ASTM D2986-95a, (Reapproved 1999) Standard Practice for Evaluation of Air
Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke
Test....86.1310-2007.

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,
IBR approved for §§ 60.111b(f)(3), 60.116b(e)(3)(ii), 60.116b(f)(2)(i),
60.485(e)(1), and 60.485a(e)(1).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

1987
(1996)

No.1

ASTM
D3120

ASTM
D3173

Reference

Standard Test
Method for
Moisture in the
Analysis
Sample of Coal
and Coke

41 C.F.R. § 60.17
(2011)

40 C.F.R. §
Standard Test
80.580(b) (2001Method for
2003)
Trace
Quantities of
Sulfur in Light
Liquid
Petroleum
Hydrocarbons
by Oxidative
Microcoulometr
y

Title

2004

Year
C.F.R.
Amended

Page 70 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(45) ASTM D3173-73, 87, Standard Test Method for Moisture in the Analysis
Sample of Coal and Coke, IBR approved for appendix A: Method 19, Section
12.5.2.1.3.

40 C.F.R. § 80.580 “What are the sampling and testing methods for sulfur?”
(2003)
...
(b) Incorporation by reference. ASTM Standard Methods D 2622-98, “Standard
Test Method for Sulfur in Petroleum Products by Wavelength Dispersive Xray
Fluorescence Spectrometry,” D 3120-96, “Standard Test Method for Trace
Quantities of Sulfur in Light Liquid Petroleum Hydrocarbons by Oxidative
Microcoulometry,” D 6428-99, “Test Method for Total Sulfur in Liquid
Aromatic Hydrocarbons and Their Derivatives by Oxidative Combustion and
Electrochemical Detection,” and D 5453-00, “Standard Test Method for
Determination of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by
Ultraviolet Fluorescence,” are incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
American Society for Testing and Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket
Section (LE-131), Room M-1500, U.S. Environmental Protection Agency,
Docket No. A-99-06, 401 M Street, SW, Washington, DC 20460, or at the
Office of the Federal Register, 800 North Capitol Street, NW, Suite 700,
Washington, DC.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1989
(1997)

No.1

ASTM
D3178

Reference

41 C.F.R. § 60.17
Standard Test
Methods for
(2011)
Carbon and
Hydrogen in the
Analysis
Sample of Coal
and Coke

Title

Year
C.F.R.
Amended

Page 71 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(48) ASTM D3178-73 (Reapproved 1979), 89, Standard Test Methods for
Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR approved
for § 60.45(f)(5)(i).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

ASTM
D3236

No.1

1988
(1999)

Edition

Reference

Standard Test
Method for
21 C.F.R. §
Apparent
Viscosity of Hot 177.1520
Melt Adhesives (2013)
and Coating
Materials

Title

Year
C.F.R.
Amended

Page 72 of 140

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

21 C.F.R. § 177.1520, “Olefin polymers” (2013):
(b) The basic olefin polymers identified in paragraph (a) of this section may
contain optional adjuvant substances required in the production of such basic
olefin polymers. The optional adjuvant substances required in the production of
the basic olefin polymers or finished food-contact articles may include
substances permitted for such use by applicable regulations in parts 170 through
189 of this chapter, substances generally recognized as safe in food and food
packaging, substances used in accordance with a prior sanction or approval, and
the following:
...
Petroleum hydrocarbon resins (cyclopentadiene-type), hydrogenated (CAS Reg.
No. 68132-00-3) produced by the thermal polymerization of dicyclopentadiene
and cyclodiene codimers (consisting of a mixture of cyclopentadiene, methyl
cyclopentadiene, and C4-C5 acyclic dienes), followed by hydrogenation and
having a ring-and-ball softening point of 119 °C minimum as determined by
ASTM Method E 28-67 (Reapproved 1982), “Standard Test Method for
Softening Point by Ring-and-Ball Apparatus,” and a minimum viscosity of 3,000
centipoise, measured at 160 °C, as determined by ASTM Method D 3236-88,
“Standard Test Method for Apparent Viscosity of Hot Melt Adhesives and
Coating Materials,” both of which are incorporated by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the American
Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken,
Philadelphia, PA 19428-2959, or from the Center For Food Safety and Applied
Nutrition (HFS-200), Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740, or may be examined at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

ASTM’s Response3

PRO’s Truncated Text of Incorporation by Reference2

Edition

1996

1996

No.1

ASTM
D3246

ASTM
D3286

Reference

Standard Test
41 C.F.R. § 60.17
Method for
(2011)
Gross Calorific
Value of Coal
and Coke by the
Isoperibol

41 C.F.R. § 60.17
Standard Test
(2011)
Method for
Sulfur in
Petroleum Gas
by Oxidative
Microcoulometr
y

Title

Year
C.F.R.
Amended

Page 73 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(52) ASTM D3286-85, 96, Standard Test Method for Gross Calorific Value of
Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved for appendix
A: Method 19, Section 12.5.2.1.3.

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(49) ASTM D3246-81, 92, 96, Standard Test Method for Sulfur in Petroleum
Gas by Oxidative Microcoulometry, IBR approved for § 60.335(b)(10)(ii).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

No.1

ASTM
D3371

Standard Test
Method for
Nitriles in
Aqueous
Solution by
Gas-Liquid
Chromatograph
y

Title

40 C.F.R. §
136.3(a) Table IF
(2014)

Reference

Year
C.F.R.
Amended

Page 74 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2014):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. The methods listed in Tables IA, IB, IC, ID, IE, IF, IG, and IH are
incorporated by reference, see paragraph (b) of this section ....
...
acetonitrile .................................................75-05-8 .............................................
1666/1671/D3371/D3695.
...
(b) The documents required in this section are incorporated by reference into this
section with approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the documents may be obtained from the sources listed in paragraph
(b) of this section. Documents may be inspected at EPA’s Water Docket, EPA
West, 1301 Constitution Avenue NW., Room B102, Washington, DC
(Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federallregister/
codeloflfederallregulations/ibrllocations.html. These test procedures are
incorporated as they exist on the day of approval and a notice of any change in
these test procedures will be published in the FEDERAL REGISTER. The full
texts of the methods from the following references which are cited in Tables IA,
IB, IC, ID, IE, IF, IG and IH are incorporated by reference into this regulation
and may be obtained from the source identified. All costs cited are subject to
change and must be verified from the indicated source.
...
(15) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, or online at http://www.astm.org.
...
(xxxvi) ASTM D3371-95, Standard Test Method for Nitriles in Aqueous
Solution by Gas-Liquid Chromatography, February 1996. Table IF.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
D3454

Standard Test
Method for
Radium-226 in
Water

Title

40 C.F.R. §
136.3(a) Table IE
(2010)

Reference

Year
C.F.R.
Amended

Page 75 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2010):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. In the event of a conflict between the reporting requirements of 40
CFR Parts 122 and 125 and any reporting requirements associated with the
methods listed in these tables, the provisions of 40 CFR Parts 122 and 125 are
controlling and will determine a permittee’s reporting requirements. The full text
of the referenced test procedures are incorporated by reference into Tables IA,
IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Documents may be inspected at EPA’s Water
Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington,
DC (Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. These test procedures are incorporated as they exist on the day of
approval and a notice of any change in these test procedures will be published in
the Federal Register. The discharge parameter values for which reports are
required must be determined by one of the standard analytical test procedures
incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and
IH or by any alternate test procedure which has been approved by the
Administrator under the provisions of paragraph (d) of this section and §§ 136.4
and 136.5. Under certain circumstances paragraph (c) of this section, § 136.5(a)
through (d) or 40 CFR 401.13, other additional or alternate test procedures may
be used.
...
Table IE: 5. (a) Radium Total pCi per liter(b) Ra, pCi per liter...Scintillation
counter...D3454-91, 97.
...
10) ASTM International. Annual Book of ASTM Standards, Water, and
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 1996,
1999, Volume 11.02, 2000, and individual standards published after 2000.
Available from: ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, or http://www.astm.org. Tables IA, IB,
IC, ID, IE, and IH.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

No.1

ASTM
D3588

Reference

Standard
40 C.F.R. § 75.6
Practice for
(2010)
Calculating
Heat Value,
Compressibility
Factor, and
Relative
Density of
Gaseous Fuels

Title

Year
C.F.R.
Amended

Page 76 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
...
(31) ASTM D3588-98, Standard Practice for Calculating Heat Value,
Compressibility Factor, and Relative Density of Gaseous Fuels, for appendices
D and F to this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992
(1996)

No.1

ASTM
D3697

Reference

21 C.F.R. §
165.110 (2015)

Title

Standard Test
Method for
Antimony in
Water

Year
C.F.R.
Amended

Page 77 of 140

21 C.F.R. § 165.110, “Bottled water” (2015):
(b)(2)(E) Analyses to determine compliance with the requirements of paragraph
(b)(4)(iii)(A) of this section shall be conducted in accordance with an applicable
method and applicable revisions to the methods listed in paragraphs
(b)(4)(iii)(E)(1) through (b)(4)(iii)(E)(14) of this section and described, unless
otherwise noted, in “Methods for Chemical Analysis of Water and Wastes,” U.S.
EPA Environmental Monitoring and Support Laboratory (EMSL), Cincinnati,
OH 45258 (EPA-600/4-79-020), March 1983, which is incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this
publication are available from the National Technical Information Service
(NTIS), U.S. Department of Commerce, 5825 Port Royal Rd., Springfield, VA
22161, or may be examined at the Center for Food Safety and Applied
Nutrition’s Library, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740, or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
...
(iv) Method D-3697-92-”Standard Test Method for Antimony in Water,”
contained in the Annual Book of ASTM Standards, vols. 11.01 and 11.02, 1995,
American Society for Testing and Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428, which is incorporated by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available
from American
Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken,
PA 19428, or may be examined at the Center for Food Safety and Applied
Nutrition’s Library, Food and Drug Administration, 5100 Paint Branch Pkwy.,
College Park, MD 20740, or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

No.1

ASTM
D396

Standard
Specification
for Fuel Oils

Title

41 C.F.R. § 60.17
(2011)

Reference

Year
C.F.R.
Amended

Page 78 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(14) ASTM D396-78, 89, 90, 92, 96, 98, Standard Specification for Fuel Oils,
IBR approved for §§ 60.41b of subpart Db of this part, 60.41c of subpart Dc of
this part, 60.111(b) of subpart K of this part, and 60.111a(b) of subpart Ka of
this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

1997e 1

No.1

ASTM
D4177

ASTM
D4239

41 C.F.R. § 60.17
(2011)

Reference

Standard Test
41 C.F.R. § 60.17
Methods for
(2011)
Sulfur in the
Analysis
Sample of Coal
and Coke Using
High
Temperature
Tube Furnace
Combustion
Methods

Standard
Practice for
Automatic
Sampling of
Petroleum and
Petroleum
Products

Title

Year
C.F.R.
Amended

Page 79 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(62) ASTM D4239-85, 94, 97, Standard Test Methods for Sulfur in the Analysis
Sample of Coal and Coke Using High Temperature Tube Furnace Combustion
Methods, IBR approved for appendix A: Method 19, Section 12.5.2.1.3.

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(60) ASTM D4177-95, Standard Practice for Automatic Sampling of Petroleum
and Petroleum Products, IBR approved for appendix A: Method 19, Section
12.5.2.2.1.
(61) ASTM D4177-95 (Reapproved 2000), Standard Practice for Automatic
Sampling of Petroleum and Petroleum Products, IBR approved for §
60.4415(a)(1).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1993

1998

No.1

ASTM
D4268

ASTM
D4294

Standard Test
Method for
Sulfur in
Petroleum and
Petroleum
Products by
EnergyDispersive XRay
Fluorescence
Spectrometry

Standard Test
Method for
Testing Fiber
Ropes

Title

40 C.F.R. § 75.6
(2010)

33 C.F.R. §
164.03 (2014)

Reference

Year
C.F.R.
Amended

Page 80 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
...
(36) ASTM D4294-98, Standard Test Method for Sulfur in Petroleum and
Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectrometry, for
appendices A and D of this part.

33 C.F.R. § 164.03, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in paragraph (b) of this section,
the Coast Guard must publish notice of change in the Federal Register and the
material must be available to the public. All approved material is available for
inspection at the Navigation Systems Division (CG-553), Coast Guard
Headquarters, 2100 2nd St. SW., Stop 7580, Washington, DC 20593-7580 and at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All approved material is available from the sources indicated in
paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this part and the
sections affected are as follows:
...
ASTM D4268-93, Standard Test Method for Testing Fiber Ropes.....164.74.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1999

No.1

ASTM
D4329

Standard
Practice for
Fluorescent UV
Exposure of
Plastics

Title

49 C.F.R. § 571.5
(2014)

Reference

Year
C.F.R.
Amended

Page 81 of 140

49 C.F.R. § 571.5, “Matter incorporated by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the National
Highway Traffic Safety Administration (NHTSA) must publish notice of change
in the Federal Register and the material must be available to the public. All
approved material is available for inspection at NHTSA, 1200 New Jersey
Avenue SE., Washington, DC 20590, and at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NHTSA, or if you experience difficulty obtaining the standards referenced
below, contact NHTSA Office of Technical Information Services, phone number
[phone].
For information on the availability of this material at NARA, call (202) 7416030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
...
(d) ASTM International, 100 Barr Harbor Drive, PO Box C700, West
Conshohocken, PA 19428-2959. Telephone: [phone]; Fax [phone]; Web site: http://www.astm.org.
...
(22) ASTM D4329-99, “Standard Practice for Fluorescent UV Exposure of
Plastics,” approved January 10, 1999, into § 571.106.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

No.1

ASTM
D4809

Standard Test
Method for
Heat of
Combustion of
Liquid
Hydrocarbon
Fuels by Bomb
Calorimeter
(Precision
Method)

Title

40 C.F.R. § 61.18
(2014)

Reference

Year
C.F.R.
Amended

Page 82 of 140

40 C.F.R. § 61.18, “Incorporations by reference” (2014):
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
These materials are incorporated as they exist on the date of the approval, and a
notice of any change in these materials will be published in the Federal Register.
The materials are available for inspection at the corresponding address noted
below, and at U.S. EPA’s Air Docket at 1200 Pennsylvania Avenue, NW,
Washington, DC 20460, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(a) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM)
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA,
19428-2959; or University Microfilms International, 300 North Zeeb Road, Ann
Arbor, MI 48106.
...
(13) ASTM D4809-95, Standard Test Method for Heat of Combustion of Liquid
Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR approved for
§ 61.245(e)(3).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1989
(1994) E
1

No.1

ASTM
D4891

Standard Test
Method for
Heating Value
of Gases in
Natural Gas
Range by
Stoichiometric
Combustion

Title

40 C.F.R. § 75.6
(2010)

Reference

Year
C.F.R.
Amended

Page 83 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2010):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
FEDERAL REGISTER.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 100 Barr harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428-2959; and the
University Microfilms International 300 North Zeeb Road, Ann Arbor, Michigan
48106.
...
(39) ASTM D4891-89 (Reapproved 2006), Standard Test Method for Heating
Value of Gases in Natural Gas Range by Stoichiometric Combustion, for
appendices D and F to this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

No.1

ASTM
D4986

Standard Test
Method for
Horizontal
Burning
Characteristics
of Cellular
Polymeric
Materials

Title

46 C.F.R. §
32.01-1 (2014)

Reference

Year
C.F.R.
Amended

Page 84 of 140

46 C.F.R. § 32.01-1, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To
enforce any edition other than that specified in paragraph (b) of this section, the
Coast Guard must publish notice of change in the Federal Register and make the
material available to the public. All approved material is on file at the Coast
Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design
and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509. You may also inspect this
material at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All material is available from the sources indicated in paragraph (b) of
this section.
...
(c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, 877-909-2786, http://www.astm.org.
(1) ASTM D4986-98, Standard Test Method for Horizontal Burning
Characteristics of Cellular Polymeric Materials, incorporation by reference
approved for § 32.57-10.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1989
(1999)

No.1

ASTM
D512

40 C.F.R. §
2012
136.3(a) Table IB
(2010)

Standard Test
Methods for
Chloride Ion In
Water

Year
C.F.R.
Amended

Reference

Title

Page 85 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2010):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. In the event of a conflict between the reporting requirements of 40
CFR Parts 122 and 125 and any reporting requirements associated with the
methods listed in these tables, the provisions of 40 CFR Parts 122 and 125 are
controlling and will determine a permittee’s reporting requirements. The full text
of the referenced test procedures are incorporated by reference into Tables IA,
IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Documents may be inspected at EPA’s Water
Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington,
DC (Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. These test procedures are incorporated as they exist on the day of
approval and a notice of any change in these test procedures will be published in
the Federal Register. The discharge parameter values for which reports are
required must be determined by one of the standard analytical test procedures
incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and
IH or by any alternate test procedure which has been approved by the
Administrator under the provisions of paragraph (d) of this section and §§ 136.4
and 136.5. Under certain circumstances paragraph (c) of this section, § 136.5(a)
through (d) or 40 CFR 401.13, other additional or alternate test procedures
maybe used. ...
Table IB: 16. Chloride, mg/L...Titrimetric: (silver nitrate) ... D512-89(99) (B) ...
or ... (Mercuric nitrate)...D512-89 (99) (A).
...
10) ASTM International. Annual Book of ASTM Standards, Water, and
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 1996,
1999, Volume 11.02, 2000, and individual standards published after 2000.
Available from: ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, or http://www.astm.org. Tables IA, IB,
IC, ID, IE, and IH.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
D5257

Standard Test
Method for
Dissolved
Hexavalent
Chromium in
Water by Ion
Chromatograph
y

Title

Year
C.F.R.
Amended

40 C.F.R. §
2012
136.3(a) Table IB
(2010)

Reference

Page 86 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2010):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. In the event of a conflict between the reporting requirements of 40
CFR Parts 122 and 125 and any reporting requirements associated with the
methods listed in these tables, the provisions of 40 CFR Parts 122 and 125 are
controlling and will determine a permittee’s reporting requirements. The full text
of the referenced test procedures are incorporated by reference into Tables IA,
IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Documents may be inspected at EPA’s Water
Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington,
DC (Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. These test procedures are incorporated as they exist on the day of
approval and a notice of any change in these test procedures will be published in
the Federal Register. The discharge parameter values for which reports are
required must be determined by one of the standard analytical test procedures
incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and
IH or by any alternate test procedure which has been approved by the
Administrator under the provisions of paragraph (d) of this section and §§ 136.4
and 136.5. Under certain circumstances paragraph (c) of this section, § 136.5(a)
through (d) or 40 CFR 401.13, other additional or alternate test procedures may
be used. ...
Table IB: 18. Chromium VI dissolved, mg/L...Ion Chromatography...D5257-97.
...
10) ASTM International. Annual Book of ASTM Standards, Water, and
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 1996,
1999, Volume 11.02, 2000, and individual standards published after 2000.
Available from: ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, or http://www.astm.org. Tables IA, IB,
IC, ID, IE, and IH.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1993
(1997)

No.1

ASTM
D5373

Reference

40 C.F.R. § 75.6
Standard
Methods for
(2004)
Instrumental
Determination
of Carbon,
Hydrogen, and
Nitrogen in
Laboratory
Samples of Coal
and Coke

Title

2008

Year
C.F.R.
Amended

Page 87 of 140

40 C.F.R. § 75.6, “Incorporation by reference” (2004):
The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they existed on the date of
approval, and a notice of any change in these materials will be published in the
Federal Register.
The materials are available for purchase at the corresponding address noted
below and are available for inspection at the Public Information Reference Unit
of the U.S. EPA, 401 M St., SW., Washington, DC and at the Library (MD-35),
U.S. EPA, Research Triangle Park, North Carolina or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(a) The following materials are available for purchase from the following
addresses: American Society for Testing and Material (ASTM), 1916 Race
Street, Philadelphia, Pennsylvania 19103; and the University Microfilms
International 300 North Zeeb Road, Ann Arbor, Michigan 48106.
...
(40) ASTM D5373-93, “Standard Methods for Instrumental Determination of
Carbon, Hydrogen, and Nitrogen in Laboratory Samples of Coal and Coke,” for
appendix G to this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

No.1

ASTM
D5489

Reference

Standard Guide 16 C.F.R. § 423.8
for Care
(2014)
Symbols for
Care
Instructions
Textile Products

Title

Year
C.F.R.
Amended

Page 88 of 140

16 C.F.R. § 423.8, “Exemptions” (2014):
(g) The symbol system developed by the American Society for Testing and
Materials (ASTM) and designated as ASTM Standard D5489-96c Guide to
Care Symbols for Care Instructions on Consumer Textile Products may be used
on care labels or care instructions in lieu of terms so long as the symbols fulfill
the requirements of this part. In addition, symbols from the symbol system
designated as ASTM Standard D5489-96c may be combined with terms so
long as the symbols and terms used fulfill the requirements of this part.
Provided, however, that for the 18-month period beginning on July 1, 1997, such
symbols may be used on care labels in lieu of terms only if an explanation of the
meaning of the symbols used on the care label in terms is attached to, or
provided with, the item of textile wearing apparel. This incorporation by
reference was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of ASTM Standard D5489-96c
Guide to Care Symbols for Care Instructions on Textile Products may be
obtained from the American Society for Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken, PA 19428, or may be inspected at the Federal Trade
Commission, room 130, 600 Pennsylvania Avenue, NW., Washington, DC, or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

No.1

ASTM
D5673

Standard Test
Method for
Elements in
Water by
Inductively
Coupled
Plasma- Mass
Spectrometry

Title

40 C.F.R. §
444.12 (2004)

Reference

Year
C.F.R.
Amended

Page 89 of 140

40 C.F.R. § 444.12, “Monitoring Requirements” (2004):
(b) Incorporation by reference:
(1) Compliance with the monitoring requirements maybe accomplished using
approved test procedures listed in the table to this paragraph. Most of these test
procedures have previously been incorporated by reference at 40 CFR 136.3(a),
Table IB. The test procedures for the regulated pollutants (arsenic, cadmium,
chromium (total), copper, pH, lead, mercury, TSS, silver, titanium, and zinc)
listed in the table to this paragraph are also incorporated by reference into this
regulation. The full texts of the test procedures listed in this paragraph are
available from the sources indicated in paragraph (b)(2) of this section. In
addition to those test procedures incorporated by reference at 40 CFR 136.3(a),
Table IB, you may also use EPA Method 200.8, “Determination of Trace
Elements in Water and Wastes by Inductively Coupled Plasma-Mass
Spectrometry,” from “Methods for Determination of Metals in Environmental
Samples-Supplement I,” EPA-600/R-94-111, May 1994, and ASTM Method D
5673-96, “Standard Test Method for Elements in Water by Inductively Coupled
Plasma-Mass Spectrometry,” from 1999 Annual Book of ASTM Standards, for
determination of arsenic, cadmium, chromium (total), copper, lead, silver, and
zinc. The full texts of these methods are incorporated by reference into this
regulation and may be obtained from the sources identified in paragraph (b)(2)
of this section.
(2) The full texts of the methods from the following references which are cited in
the table in paragraph (b)(1) of this section are incorporated by reference into
this regulation and may be obtained from the sources identified. All costs cited
are subject to change and must be verified from the indicated sources. The full
texts of all the test procedures cited are available for inspection at the Analytical
Methods Staff, Office of Water, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460 or at the National Archives
and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
...
(3) “ANNUAL BOOK OF ASTM STANDARDS-WATER AND
ENVIRONMENTAL TECHNOLOGY,” SECTION 11, VOLUMES 11.01
(WATER I) AND 11.02 (WATER II), 1994. [1996 FOR D5673-96; SEE NOTE
17]. AMERICAN SOCIETY FOR TESTING AND MATERIALS, 1916 RACE
STREET, PHILADELPHIA, PA 19103.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998a

No.1

ASTM
D5865

Standard Test
Method for
Gross Calorific
Value of Coal
and Coke

Title

40 C.F.R. § 60.17
(2011)

Reference

Year
C.F.R.
Amended

Page 90 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(78) ASTM D5865-98, Standard Test Method for Gross Calorific Value of Coal
and Coke, IBR approved for§ 60.45(f)(5Xii), 60.46(c)(2), and appendix A:
Method 19, Section 12.5.2.1.3.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1982
(1998)

No.1

ASTM
D611

Reference

Standard Test
D611 - 121982),
Methods for
21 C.F.R. §
Aniline Point
176.170 (2014)
and Mixed
Aniline Point of
Petroleum
Products and
Hydrocarbon
Solvents

Title

Year
C.F.R.
Amended

Page 91 of 140

21 C.F.R. § 176.170, “Components of paper and paperboard in contact with
aqueous and fatty foods” (2014):
(b)(2) Substances identified in this paragraph (b)(2) follow:
...
Pentaerythritol tetrastearate
Petroleum alicyclic hydrocarbon resins, or the hydrogenated product thereof,
meeting the following specifications: Softening point 97 °C minimum, as
determined by ASTM method E28-67 (Reapproved 1982),“Standard Test
Method for Softening Point by Ring and Ball Apparatus;” aniline point 120 °C
minimum, as determined by ASTM method D611-82, “Standard Test Methods
for Aniline Point and Mixed Aniline Point of Petroleum Products and
Hydrocarbon Solvents,” which are incorporated by reference (Copies may be
obtained from the American Society for Testing Materials, 100 Barr Harbor Dr.,
West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.). Specific gravity 0.96-0.99 (20 °C/20 °C). Such petroleum
hydrocarbon resins are produced by the catalytic polymerization of dienes and
olefins from low-boiling distillates of cracked petroleum stocks that contain no
material boiling over 200 °C and that meet the ultraviolet absorbance limits
prescribed in § 172.880(b) of this chapter when subjected to the analytical
procedure described in § 172.886(b) of this chapter, modified as follows: Treat
the product as in the first paragraph under “Procedure” in § 172.250(b)(3) of this
chapter. Then proceed with § 172.886(b) of this chapter, starting with the
paragraph commencing with “Promptly complete transfer of the sample * * *”

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

No.1

ASTM
D6216

Reference

Year
C.F.R.
Amended

41 C.F.R. § 60.17 2019
Standard
(2011)
Practice for
Opacity
Monitor
Manufacturers
to Certify
Conformance
with Design and
Performance
Specifications

Title

Page 92 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(79) ASTM D6216-98, Standard Practice for Opacity Monitor Manufacturers to
Certify Conformance with Design and Performance Specifications, IBR
approved for appendix B, Performance Specification 1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

No.1

ASTM
D6228

Reference

Standard Test
41 C.F.R. § 60.17
Method for
(2011)
Determination
of Sulfur
Compounds in
Natural Gas and
Gaseous Fuels
by Gas
Chromatograph
y and Flame
Photometric
Detection

Title

Year
C.F.R.
Amended

Page 93 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011):
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(80) ASTM D6228-98, Standard Test Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and
Flame Photometric Detection, IBR approved for § 60.334(h)(1).
(81) ASTM D6228-98 (Reapproved 2003), Standard Test Method for
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas
Chromatography and Flame Photometric Detection, IBR approved for §§
60.4360 and 60.4415.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1999

No.1

ASTM
D6420

Standard Test
Method for
Determination
of Gaseous
Organic
Compounds by
Direct Interface
Gas
Chromatograph
y-Mass
Spectrometry

Title

40 C.F.R. §
63.14(h)(89)
(2019)

Reference

Year
C.F.R.
Amended

Page 94 of 140

40 C.F.R. § 63.14, “Incorporations by reference” (2019):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the EPA must
publish notice of change in the Federal Register and the material must be
available to the public. All approved material is available for inspection at the
Air and Radiation Docket and Information Center, U.S. EPA, 401 M St. SW.,
Washington, DC, telephone number 202-566, and is available from the sources
listed below. It is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to www.archives.gov/federalregister/cfr/ibr-locations.html. ...
(h) ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428-2959, Telephone [phone],
http://www.astm.org; also available from ProQuest, 789 East Eisenhower
Parkway, Ann Arbor, MI 48106-1346, Telephone [phone],
http://www.proquest.com.
...
(89) ASTM D6420-99, Standard Test Method for Determination of Gaseous
Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry, IBR approved for §§63.5799, 63.5850, and Table 4 of Subpart
UUUU.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1999

No.1

ASTM
D6503

Standard Test
Method for
Enterococci in
Water Using
Enterolert

Title

40 C.F.R. §
136.3(a) Table IA
(2010)

Reference

Year
C.F.R.
Amended

Page 95 of 140

40 C.F.R. § 136.3, “Identification of test procedures” (2010):
(a) Parameters or pollutants, for which methods are approved, are listed together
with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF,
IG, and IH. In the event of a conflict between the reporting requirements of 40
CFR Parts 122 and 125 and any reporting requirements associated with the
methods listed in these tables, the provisions of 40 CFR Parts 122 and 125 are
controlling and will determine a permittee’s reporting requirements. The full text
of the referenced test procedures are incorporated by reference into Tables IA,
IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of these
documents, as specified in paragraph (b) of this section, was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the documents may be obtained from the sources listed in
paragraph (b) of this section. Documents may be inspected at EPA’s Water
Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington,
DC (Telephone: [phone]); or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. These test procedures are incorporated as they exist on the day of
approval and a notice of any change in these test procedures will be published in
the Federal Register. The discharge parameter values for which reports are
required must be determined by one of the standard analytical test procedures
incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and
IH or by any alternate test procedure which has been approved by the
Administrator under the provisions of paragraph (d) of this section and §§ 136.4
and 136.5. Under certain circumstances paragraph (c) of this section, § 136.5(a)
through (d) or 40 CFR 401.13, other additional or alternate test procedures may
be used.
...
Table IA: 7. Enterococci, number per 100 mL 20...MPN 7,9, multiple
tube/multiple well...D6503-99 10.
...
10) ASTM International. Annual Book of ASTM Standards, Water, and
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 1996,
1999, Volume 11.02, 2000, and individual standards published after 2000.
Available from: ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, or http://www.astm.org. Tables IA, IB,
IC, ID, IE, and IH.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998e 1

No.1

ASTM
D665

Reference

Standard Test
46 C.F.R. §
Method for
61.03-1 (2014)
Rust-Preventing
Characteristics
of Inhibited
Mineral Oil in
the Presence of
Water

Title

Year
C.F.R.
Amended

Page 96 of 140

46 C.F.R. § 61.03-1, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in paragraph (b) of this section,
the Coast Guard must publish a notice of change in the Federal Register and the
material must be available to the public. All approved material is available for
inspection at the Coast Guard Headquarters. Contact Commandant (CG-ENG),
Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509,
2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The
material is also available from the sources indicated in paragraph (b) of this
section or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The material approved for incorporation by reference in this part and the
sections affected are as follows:
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
100 BARR HARBOR DRIVE, WEST CONSHOHOCKEN, PA 19428-2959.
ASTM D 665-98, STANDARD TEST METHOD FOR RUST-PREVENTING
CHARACTERISTICS OF INHIBITED MINERAL OIL IN THE PRESENCE
OF WATER

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

No.1

ASTM
D814

Reference

Standard Test
40 C.F.R. §
Method for
1051.810 (2007)
Rubber
Property--Vapor
Transmission of
Volatile Liquids

Title

2008

Year
C.F.R.
Amended

Page 97 of 140

40 C.F.R. § 1051.810, “What materials does this part reference?” (2007):
Documents listed in this section have been incorporated by reference into this
part. The Director of the Federal Register approved the incorporation by
reference as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. Anyone may
inspect copies at the U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460 or at the National Archives and Records Administration
(NARA). For 202-741-6030, or go
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. information on the availability of this material at NARA, call to:
(a) ASTM material. Table 1 of this section lists material from the American
Society for Testing and Materials that we have incorporated by reference. The
first column lists the number and name of the material. The second column lists
the sections of this part where we reference it. Anyone may purchase copies of
these materials from the American Society for Testing and Materials, 100 Barr
Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428 or www.astm.com.
Table 1 follows:
TABLE 1 OF § 1051.810-ASTM MATERIALS
...
ASTM D814-95 (reapproved 2000), Standard Test Method for Rubber
Property Vapor Transmission of Volatile Liquids........1051.245

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

2007

1998b

No.1

ASTM
D86

ASTM
D975

Standard
Specification
for Diesel Fuel
Oils

Standard Test
Method for
Distillation of
Petroleum
Products at
Atmospheric
Pressure

Title

41 C.F.R. § 60.17
(2011)

40 C.F.R. §
80.47(r) (2017)

Reference

Year
C.F.R.
Amended

Page 98 of 140

40 C.F.R. § 60.17, “Incorporations by reference” (2011) :
The materials listed below are incorporated by reference in the corresponding
sections noted. These incorporations by reference were approved by the Director
of the Federal Register on the date listed. These materials are incorporated as
they exist on the date of the approval, and a notice of any change in these
materials will be published in the Federal Register. The materials are available
for purchase at the corresponding address noted below, and all are available for
inspection at the Library (C267-01), U.S. EPA, Research Triangle Park, NC or at
the National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. (a) The following materials are available for purchase from at least one
of the following addresses: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken,
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(15) ASTM D975-78, 96, 98a, Standard Specification for Diesel Fuel Oils, IBR
approved for §§ 60.111(b) of subpart K of this part and 60.111a(b) of subpart Ka
of this part.

(r) Materials incorporated by reference. The published materials identified in this
section are incorporated by reference into this section with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To
enforce any edition other than that specified in this section, a document must be
published in the FEDERAL REGISTER and the material must be available to
the public. All approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number of the EPA/DC Public Reading Room is [phone], and
the telephone number for the Air Docket is [phone]. These approved
materials are also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call [phone] or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. In addition, these materials are available from the sources listed below.
(1) ASTM International material. The following standards are available from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken,
PA 19428-2959, (877) 909-ASTM, or http:// www.astm.org:
(i) ASTM D86-07, Standard Test Method for Distillation of Petroleum Products
at Atmospheric Pressure, approved January 15, 2007 (“ASTM D86”).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO misleadingly implies that 40
C.F.R. § 80.46(d) (2017) IBR’ed
D86-07; 40 C.F.R. § 80.46(h)(1)(i)
defines “ASTM D86” as D86-12.

ASTM’s Response3

Standard
Specification
for Diesel Fuel
Oils

Standard
Specification
for Wire Cloth
and Sieves for
Testing
Purposes

2007

ASTM
D975

ASTM E11 1995

Title

Edition

No.1
Year
C.F.R.
Amended

33 C.F.R. § 159.4
(2014)

40 C.F.R. §
2014
1065.1010 (2011)

Reference

Page 99 of 140

33 C.F.R. § 159.4, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in paragraph (b) of this section,
the Coast Guard must publish notice of change in the Federal Register; and the
material must be available to the public. All approved material is available for
inspection at the Engineering Division, U.S. Coast Guard Marine Safety Center,
2100 2nd St. SW., Stop 7102, Washington, DC 20593-7102, and at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All approved material is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part, and the
sections affected, are as follows:
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
100 BARR HARBOR DRIVE, WEST CONSHOHOCKEN, PA 19428-2959.
ASTM E 11-95, STANDARD SPECIFICATION FOR WIRE CLOTH AND
SIEVES FOR TESTING PURPOSES-159.125

40 C.F.R. § 1065.1010, “Reference materials” (2011):
Documents listed in this section have been incorporated by reference into this
part. The Director of the Federal Register approved the incorporation by
reference as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. Anyone may
inspect copies at the U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460 or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(a) ASTM material. Table 1 of this section lists material from the American
Society for Testing and Materials that we have incorporated by reference. The
first column lists the number and name of the material. The second column lists
the sections of this part where we reference it. Anyone may purchase copies of
these materials from the American Society for Testing and Materials, 100 Barr
Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428 or www.astm.com.
Table 1 follows:
...
ASTM D975-07b, Standard Specification for Diesel Fuel Oils

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1990
(1996)

1994e 1

No.1

ASTM
E1337

ASTM
E145

Standard
Specification
for GravityConvection and
ForcedVentilation
Ovens

Standard Test
Method for
Determining
Longitudinal
Peak Braking
Coefficient of
Paved Surfaces
Using a
Standard
Reference Test
Tire

Title

Year
C.F.R.
Amended

49 C.F.R. §
571.126 (20072009)

40 C.F.R. § 63.14
(2011)

2012

Reference

Page 100 of 140

40 C.F.R. § 63.14, “Incorporations by reference” (2011):
(a) The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published in the
Federal Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the National
Archives and Records Administration (NARA), at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, and at the
EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(34) E145-94 (Reapproved 2001), Standard Specification for GravityConvection and Forced-Ventilation Ovens, IBR approved for § 63.4581,
appendix A.

49 C.F.R. § 571.126 (2008):
S3.2 Incorporation by reference. ASTM E1337-90 (Reapproved 1996), Standard
Test Method for Determining Longitudinal Peak Braking Coefficient of Paved
Surfaces Using a STD Reference Test Tire, and ASTM E1136-93 (1993),
Standard Specification for a Radial Standard Reference Test Tire, are
incorporated by reference in S6.2.2 of this section. The Director of the Federal
Register has approved the incorporation by reference of this material in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of ASTM E1337-90
(rev. 1996) and ASTM E1136-93 (1993) may be obtained from the ASTM Web
site at http://www.astm.org, or by contacting ASTM, 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959. Copies of ASTM E1337-90 (Reapproved
1996) and ASTM E1136-93 (1993) may be inspected at NHTSA’s Office of
Rulemaking, 400 Seventh Street, SW., Washington, DC 20590, or at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987

1982

No.1

ASTM
E169

ASTM
E185

40 C.F.R. §
260.11 (2011)

Reference

Standard
10 C.F.R. § 50
Practice for
App. H (2014)
Conducting
Surveillance
Tests for LightWater Cooled
Nuclear Power
Reactor Vessels

Standard
Practices for
General
Techniques of
UltravioletVisible
Quantitative
Analysis

Title

Year
C.F.R.
Amended

Page 101 of 140

10 C.F.R. § 50 Appendix H, “Reactor Vessel Material Surveillance Program
Requirements” (2014):
I. Introduction
The purpose of the material surveillance program required by this appendix is to
monitor changes in the fracture toughness properties of ferritic materials in the
reactor vessel beltline region of light water nuclear power reactors which result
from exposure of these materials to neutron irradiation and the thermal
environment. Under the program, fracture toughness test data are obtained from
material specimens exposed in surveillance capsules, which are withdrawn
periodically from the reactor vessel. These data will be used as described in
section IV of appendix G to part 50.
ASTM E 185-73, “Standard Recommended Practice for Surveillance Tests for
Nuclear Reactor Vessels”; ASTM E 185-79, “Standard Practice for Conducting
Surveillance Tests for Light-Water Cooled Nuclear Power Reactor Vessels”; and
ASTM E 185-82, “Standard Practice for Conducting Surveillance Tests for
Light-Water Cooled Nuclear Power Reactor Vessels”; which are referenced in
the following paragraphs, have been approved for incorporation by reference by
the Director of the Federal Register. Copies of ASTM E 185-73, -79, and -82,
may be purchased from the American Society for Testing and Materials, 1916
Race Street, Philadelphia, PA 19103 and are available for inspection at the NRC
Library, 11545 Rockville Pike, Two White Flint North, Rockville, MD 208522738.

40 C.F.R. § 260.11, “References” (2011):
(a) When used in parts 260 through 268 and 278 of this chapter, the following
publications are incorporated by reference. These incorporations by reference
were approved by the Director of the Federal Register pursuant to 5 U.S.C.
552(a) and 1 CFR part 51. These materials are incorporated as they exist on the
date of approval and a notice of any change in these materials will be published
in the FEDERAL REGISTER. Copies may be inspected at the Library, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (3403T),
Washington, DC 20460, [e-mail]; or at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(b) The following materials are available for purchase from the American
Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959. ...
(8) ASTM E 169-87, “Standard Practices for General Techniques of UltravioletVisible Quantitative Analysis,” IBR approved for §264.1063.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

ASTM E23 1982

No.1

Standard Test
Methods for
Notched Bar
Impact Testing
of Metallic
Materials

Title

Year
C.F.R.
Amended
2000

Reference

46 C.F.R. §
56.012 (1997)

Page 102 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959
...
ASTM E 23-82 Notched Bar Impact Testing of Metallic Materials. 56.50-105.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

No.1

ASTM
E260

Standard
Practice for
Packed Column
Gas
Chromatograph
y

Title

40 C.F.R. § 63.14
(2011)

Reference

Year
C.F.R.
Amended

Page 103 of 140

40 C.F.R. § 63.14, “Incorporations by reference” (2011):
(a) The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published in the
Federal Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the National
Archives and Records Administration (NARA), at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, and at the
EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(18) ASTM E260-91, 96, General Practice for Packed Column Gas
Chromatography, IBR approved for §§ 63.750(b)(2) and 63.786(b)(5).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1991
(1999)

No.1

ASTM
E283

Reference

10 C.F.R. §
Standard Test
Method for
434.701 (2012)
Determining
Rate of Air
Leakage
Through
Exterior
Windows,
Curtain Walls,
and Doors
Under Specified
Pressure
Differences
Across the
Specimen

Title

Year
C.F.R.
Amended

Page 104 of 140

10 C.F.R. § 434.701, “General” (2012):
701.1 General. The standards, technical handbooks, papers, regulations, and
portions thereof, that are referred to in the sections and subsections in the
following list are hereby incorporated by reference into this part 434. The
following standards have been approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR
part 51. A notice of any change in these materials will be published in the
FEDERAL REGISTER. The standards incorporated by reference are available
for inspection at the U.S. Department of Energy, Office of Energy Efficiency,
Hearings and Dockets, Forrestal Building, 1000 Independence Avenue SW,
Washington, DC 20585, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call 202741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The standards maybe purchased at the addresses listed at the end of each
standard. The following standards are incorporated by reference in this part:
...
RS-10...ASTM E 283-91, Test Method for Determining the Rate of Air Leakage
Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure
Difference Across the Specimen, American Society for Testing and Materials,
1916 Race Street, Philadelphia, PA 19103....434.402.2; 434.402.2.1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 10 C.F.R. §§ 434.402.2434.402.2.2 do not refer to E283-91
(1999). . This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

ASTM E29 1990

No.1

Standard
Practice for
Using
Significant
Digits in Test
Data to
Determine
Conformance
with
Specifications

Title

Year
C.F.R.
Amended
2014

Reference

40 C.F.R. § 86.1
(2008)

Page 105 of 140

40 C.F.R. § 86.1, “Reference materials” (2008):
(a) The documents in paragraph (b) of this section have been incorporated by
reference. The incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at U.S. EPA, OAR, 401 M St., SW., Washington, DC 20460,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. (b) The following paragraphs and tables set forth the material that has
been incorporated by reference in this part. (1) ASTM material. The following
table sets forth material from the American Society for Testing and Materials
that has been incorporated by reference. The first column lists the number and
name of the material. The second column lists the section(s) of this part, other
than this section, in which the matter is referenced. Copies of these materials
may be obtained from American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
...
ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to
Determine Conformance with Specifications....86.609-84; 86.609-96; 86.609-97;
86.609-98; 86.1009-84; 86.1009-96; 86.1442; 86.1708-99; 86.1709-99; 86.171099; 86.1728-99.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1971

No.1

ASTM
E408

Reference

Standard
16 C.F.R. § 460.5
Methods of Test (2014)
for Total
Normal
Emittance of
Surfaces Using
InspectionMeter
Techniques

Title

Year
C.F.R.
Amended

Page 106 of 140

16 C.F.R. § 460.5, “R-value Tests” (2014):
R-value measures resistance to heat flow. R-values given in labels, fact sheets,
ads, or other promotional materials must be based on tests done under the
methods listed below. They were designed by the American Society of Testing
and Materials (ASTM). The test methods are:
...
(b) Single sheet systems of aluminum foil must be tested with ASTM E 408-71
(Reapproved 2002), “Standard Test Methods for Total Normal Emittance of
Surfaces Using Inspection-Meter Techniques,” or ASTM C 1371-04a, “Standard
Test Method for Determination of Emittance of Materials Near Room
Temperature Using Portable Emissometers.” This tests the emissivity of the
foil—its power to radiate heat. To get the R-value fora specific emissivity level,
air space, and direction of heat flow, use the tables in the most recent edition of
the American Society of Heating, Refrigerating, and Air-Conditioning
Engineers’ (ASHRAE) Fundamentals Handbook, if the product is intended for
applications that meet the conditions specified in the tables. You must use the Rvalue shown for 50[degrees] Fahrenheit, with a temperature differential of
30[degrees] Fahrenheit.
...
(e) The standards listed above are incorporated by reference into this section.
These incorporations by reference were approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
inspected at the Federal Trade Commission, Consumer Response Center, Room
130, 600 Pennsylvania Avenue, NW., Washington, DC 20580, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call [phone], or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. Copies of materials and standards incorporated by reference may be
obtained from the issuing organizations listed in this section.
(1) The American Society of Testing and Materials, 100 Barr Harbor Drive, P.O.
Box C700, West Conshocken, PA 19428-2959.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1971

1980

No.1

ASTM
E424

ASTM
E606

Reference

Standard
Recommended
Practice for
ConstantAmplitude
Low-Cycle
Fatigue Testing

24 C.F.R. (Parts
200 to 499)
(2005)

Standard
24 C.F.R. (Parts
Methods of Test 200 to 499)
for Solar
(2005)
Energy
Transmittance
and Reflectance
(Terrestrial) of
Sheet Materials

Title

2009

2009

Year
C.F.R.
Amended

Page 107 of 140

24 C.F.R. (Parts 200 to 499), ‘Minimum Property Standards II’ (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM E 606-80, Standard Recommended Practice for Constant-Amplitude
Low-Cycle Fatigue Testing. 200.946.

24 C.F.R. (Parts 200 to 499), ‘Minimum Property Standards for Care-Type
Housing’ (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate [sic] use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the Manufactured Housing
and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza East,
Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ANSI/ASTM E 424-71 Test for Solar Energy Transmittance and Reflectance
(Terrestrial) of Sheet Materials; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
E606-80. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
E424-71. This underscores the fact
that PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1985

No.1

ASTM
E681

Reference

Year
C.F.R.
Amended

49 C.F.R. § 171.7 2004
Standard Test
(2002)
Method for
Concentration
Limits of
Flammability of
Chemicals

Title

Page 108 of 140

49 C.F.R. § 171.7, “Reference material” (2002):
(a) Matter incorporated by reference-(1) General. There is incorporated, by
reference in parts 170-189 of this subchapter, matter referred to that is not
specifically set forth. This matter is hereby made a part of the regulations in
parts 170-189 of this subchapter. The matter subject to change is incorporated
only as it is in effect on the date of issuance of the regulation referring to that
matter. The material listed in paragraph (a)(3) has been approved for
incorporation by reference by the Director of the Federal Register in accordance
with 5 U.S.C 552(a) and 1 CFR part 51. Material is incorporated as it exists on
the date of the approval and a notice of any change in the material will be
published in the FEDERAL REGISTER. Matters referenced by footnote are
included as part of the regulations of this subchapter.
(2) Accessibility of materials. All incorporated matter is available for inspection
at: (i) The Office of Hazardous Materials Safety, Office of Hazardous Materials
Standards, Room 8422, NASSIF Building, 400 7th Street, SW., Washington, DC
20590; and (ii) The Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(3) Table of material incorporated by reference. The following table sets forth
material incorporated by reference. The first column lists the name and address
of the organization from which the material is available and the name of the
material. The second column lists the section(s) of this subchapter, other than §
171.7, in which the matter is referenced. The second column is presented for
information only and may not be all inclusive.
...
American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428 Noncurrent ASTM Standards are available from:
Engineering Societies Library, 354 E. 47th Street
...
ASTM E 681-85 Standard Test Method for Concentration Limits of
Flammability of Chemicals ............... 173.115

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979
(1997) e
1

No.1

ASTM
E695

Reference

Standard
24 C.F.R. (Parts
Method of
200 to 499)
Measuring
(2005)
Relative
Resistance of
Wall, Floor, and
Roof
Construction to
Impact Loading

Title

2009

Year
C.F.R.
Amended

Page 109 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards II” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained for ppropriate use at 490 L’Enfant
Plaza East, Suite 3214, or at each HUD Regional, Area, and Service Office.
Copies are available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC. The individual standards
referenced in the MPS are available at the address contained in the following
table. They are also available for public inspection at the HUD, Manufactured
Housing and Construction Standards Division, Suite 3214, 490 L’Enfant Plaza
East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM E 695-79 (Reapproved 1991), Standard Method of Measuring Relative
Resistance of Wall, Floor and Roof Construction to Impact Loading. 200.946.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
E695-79 (1997)e1. This
underscores the fact that PRO has
not analyzed the substantive
regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987
(1992)

No.1

ASTM
E711

Reference

40 C.F.R. § 63.14
(2011)

Title

Standard Test
Method for
Gross Calorific
Value of
Refuse-Derived
Fuel by the
Bomb
Calorimeter

Year
C.F.R.
Amended

Page 110 of 140

40 C.F.R. § 63.14, “Incorporations by reference” (2011):
(a) The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published in the
Federal Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the National
Archives and Records Administration (NARA), at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, and at the
EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(50) ASTM E711-87 (Reapproved 2004) Standard Test Method for Gross
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, approved
August 28, 1987, IBR approved for table 6 to subpart DDDDD of this part and
table 5 to subpart JJJJJJ of this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

ASTM E72 1980

No.1

Standard
Methods of
Conducting
Strength Tests
of Panels for
Building
Construction

Title

30 C.F.R. §
75.333 (2014)

Reference

Year
C.F.R.
Amended

Page 111 of 140

30 C.F.R. § 75.333, “Ventilation controls” (2014):
(e)(1)(i) Except as provided in paragraphs (e)(2), (e)(3) and (e)(4) of this section
all overcasts, undercasts, shaft partitions, permanent stoppings, and regulators,
installed after June 10, 1996, shall be constructed in a traditionally accepted
method and of materials that have been demonstrated to perform adequately or
in a method and of materials that have been tested and shown to have a
minimum strength equal to or greater than the traditionally accepted in-mine
controls. Tests may be performed under ASTM E72-80, “Standard Methods of
Conducting Strength Tests of Panels for Building Construction” (Section 12Transverse Load-Specimen Vertical, load, only), or the operator may conduct
comparative in-mine tests. In-mine tests shall be designed to demonstrate the
comparative strength of the proposed construction and a traditionally accepted
in-mine control. The publication ASTM E72-80, “Standard Methods of
Conducting Strength Tests of Panels for Building Construction” is incorporated
by reference and may be inspected at any MSHA Coal Mine Safety and Health
district office, or at MSHA’s Office of Standards, Regulations, and Variances,
1100 Wilson Blvd., Room 2352, Arlington, Virginia 22209-3939, and at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. In addition, copies of the document can be purchased from the
American Society for Testing (ASTM), 100 Barr Harbor Drive, PO Box C700,
West Conshohocken, PA 19428-2959; http://www.astm.org. This incorporation
by reference was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
E773

Reference

24 C.F.R. §
Standard Test
3280.4 (2014)
Method for
Accelerated
Weathering of
Sealed
Insulating Glass
Units

Title

Year
C.F.R.
Amended

Page 112 of 140

24 C.F.R. § 3280.4, “Incorporation by Reference” (2014):
(a) The specifications, standards and codes of the following organizations are
incorporated by reference in 24 CFR part 3280 (this Standard) pursuant to 5
U.S.C. 552(a) and 1 CFR part 51 as though set forth in full. The incorporation by
reference of these standards has been approved by the Director of the Federal
Register. Reference standards have the same force and effect as this Standard
(24 CFR part 3280) except that whenever reference standards and this Standard
are inconsistent, the requirements of this Standard prevail to the extent of the
inconsistency.
(b) The abbreviations and addresses of organizations issuing the referenced
standards appear below. Reference standards which are not available from their
producer organizations may be obtained from the Office of Manufactured
Housing and Regulatory Functions, Manufactured Housing and Construction
Standards Division, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW., room B-133, Washington, DC 20410.
...
ASTM-AMERICAN SOCIETY FOR TESTING AND MATERIALS, 1916
RACE STREET, PHILADELPHIA, PENNSYLVANIA 19103
...
(28) ASTM E 773-97, Standard Test Methods for Accelerated Weathering of
Sealed Insulating Glass Units, IBR approved for § 3280.403(d).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
E774

Reference

Standard
24 C.F.R. §
Specifications
3280.4 (2014)
for the
Classification of
the Durability
of Sealed
Insulating Glass
Units

Title

Year
C.F.R.
Amended

Page 113 of 140

24 C.F.R. § 3280.4, “Incorporation by Reference” (2014):
(a) The specifications, standards and codes of the following organizations are
incorporated by reference in 24 CFR part 3280 (this Standard) pursuant to 5
U.S.C. 552(a) and 1 CFR part 51 as though set forth in full. The incorporation by
reference of these standards has been approved by the Director of the Federal
Register. Reference standards have the same force and effect as this Standard
(24 CFR part 3280) except that whenever reference standards and this Standard
are inconsistent, the requirements of this Standard prevail to the extent of the
inconsistency.
(b) The abbreviations and addresses of organizations issuing the referenced
standards appear below. Reference standards which are not available from their
producer organizations may be obtained from the Office of Manufactured
Housing and Regulatory Functions, Manufactured Housing and Construction
Standards Division, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW., room B-133, Washington, DC 20410.
...
ASTM-AMERICAN SOCIETY FOR TESTING AND MATERIALS, 1916
RACE STREET, PHILADELPHIA, PENNSYLVANIA 19103
...
(29) ASTM E 774-97, Standard Specification for the Classification of the
Durability of Sealed Insulating Glass Units, IBR approved for § 3280.403(d).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987
(1992)

No.1

ASTM
E775

Reference

40 C.F.R. §
49.123 (2014)

Title

Standard Test
Methods for
Total Sulfur in
the Analysis
Sample of
Refuse-Derived
Fuel

Year
C.F.R.
Amended

Page 114 of 140

40 C.F.R. § 49.123, “General provisions” (2014):
(e) Incorporation by reference. The materials listed in this section are
incorporated by reference in the corresponding sections noted. These
incorporations by reference were approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials
are incorporated as they exist on the date of the approval, and a notice of any
change in these materials will be published in the Federal Register. The
materials are available for purchase at the corresponding addresses noted below,
or are available for inspection at EPA’s Air and Radiation Docket and
Information Center, located at 1301 Constitution Avenue, NW, Room B102,
Mail Code 6102T, Washington, D.C. 20004, at EPA Region 10, Office of Air,
Waste, and Toxics, 10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call [phone], or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(1) The materials listed below are available for purchase from at least one of the
following addresses: ASTM International, 100 Barr Harbor Drive, West
Conshohocken, Pennsylvania 19428-2959; or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.
...
(xiii) ASTM E775-87(Reapproved 2004), Standard Test Methods for Total
Sulfur in the Analysis Sample of Refuse-Derived Fuel, IBR approved for §
49.130(e)(3).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987
(1992)

No.1

ASTM
E776

Reference

40 C.F.R. § 63.14
(2011)

Title

Standard Test
Method for
Forms of
Chlorine in
Refuse-Derived
Fuel

Year
C.F.R.
Amended

Page 115 of 140

40 C.F.R. § 63.14, “Incorporations by reference” (2011):
(a) The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published in the
Federal Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the National
Archives and Records Administration (NARA), at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, and at the
EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700,
West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann
Arbor, MI 48106.
...
(51) ASTM E776-87 (Reapproved 2009) Standard Test Method for Forms of
Chlorine in Refuse-Derived Fuel, approved July 1, 2009, IBR approved for table
6 to subpart DDDDD of this part.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1988

No.1

ASTM
E885

Standard Test
Methods for
Analyses of
Metals in
Refuse-Derived
Fuel by Atomic
Absorption
Spectroscopy

Title

Year
C.F.R.
Amended

40 C.F.R. § 63.14 2013
(2011)

Reference

Page 116 of 140

40 C.F.R. § 63.14, “Incorporations by reference” (2011):
(a) The materials listed in this section are incorporated by reference in the
corresponding sections noted. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published in the
Federal Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the National
Archives and Records Administration (NARA), at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, and at the
EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The following materials are available for purchase from at least one of the
following addresses: American Society for Testing and Materials (ASTM), 100
Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 194282959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
...
(53) ASTM E885-88 (Reapproved 1996), Standard Test Methods for Analyses
of Metals in RefuseDerived [sic] Fuel by Atomic Absorption Spectroscopy,1
IBR approved for table 6 to subpart DDDDD of this part 63.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

ASTM E96 1995

No.1
Reference

Standard Test
24 C.F.R. §
Methods for
3280.4 (2014)
Water Vapor
Transmission of
Materials

Title

Year
C.F.R.
Amended

Page 117 of 140

24 C.F.R. § 3280.4, “Incorporation by Reference” (2014):
(a) The specifications, standards and codes of the following organizations are
incorporated by reference in 24 CFR part 3280 (this Standard) pursuant to 5
U.S.C. 552(a) and 1 CFR part 51 as though set forth in full. The incorporation by
reference of these standards has been approved by the Director of the Federal
Register. Reference standards have the same force and effect as this Standard
(24 CFR part 3280) except that whenever reference standards and this Standard
are inconsistent, the requirements of this Standard prevail to the extent of the
inconsistency.
(b) The abbreviations and addresses of organizations issuing the referenced
standards appear below. Reference standards which are not available from their
producer organizations may be obtained from the Office of Manufactured
Housing and Regulatory Functions, Manufactured Housing and Construction
Standards Division, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW., room B-133, Washington, DC 20410.
...
ASTM-AMERICAN SOCIETY FOR TESTING AND MATERIALS, 1916
RACE STREET, PHILADELPHIA, PENNSYLVANIA 19103
...
(26) ASTM E 96-95 Standard Test Methods for Water Vapor Transmission of
Materials, IBR approved for § 3280.504(a).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1986
(1992)

No.1

ASTM
F1003

Standard
Specification
for Searchlights
on Motor
Lifeboats

Title

46 C.F.R. §
199.05 (2014)

Reference

Year
C.F.R.
Amended

Page 118 of 140

46 C.F.R. § 199.05, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in paragraph (b) of this section,
the Coast Guard must publish notice of change in the Federal Register; and the
material must be available to the public. All approved material is available for
inspection at Coast Guard Headquarters. Contact Commandant (CG-ENG-4),
Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. You may
also contact the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All approved material is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are as follows:
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1003-86 (1992), Standard Specification for Searchlights on Motor
Lifeboats 199.175

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1986
(1997)

1986
(1996) e
1

No.1

ASTM
F1006

ASTM
F1007

Year
C.F.R.
Amended

2013

46 C.F.R. §
56.01-2 (1997)

Standard
Specification
for Entrainment
Separators for
Use in Marine
Piping
Applications

Standard
46 C.F.R. §
Specification
56.01-2 (2004)
for Pipe-Line
Expansion
Joints of the
Packed Slip
Type for Marine
Application

2000

Reference

Title

Page 119 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2004):
(a) Certain standards and specifications are incorporated by reference into this
part with the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b)
of this section, notice of the change must be published in the FEDERAL
REGISTER and the material made available to the public. All approved material
is available from the sources indicated in paragraph (b) or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, orgo to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(b) The standards and specifications approved for incorporation by reference in
this part, and the sections affected are:
...
American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959.
...
ASTM F 1007-86 (1996), Standard Specification for Pipe-Line Expansion
Joints of the Packed Slip Type for Marine Application.........................56.60-1

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1006-86 Entrainment Separators for Use in Marine Piping
Applications. 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992

1986
(1996) e
1

No.1

ASTM
F1014

ASTM
F1020

Standard
Specification
for Line-Blind
Valves for
Marine
Applications

Standard
Specification
for Flashlights
on Vessels

Title

46 C.F.R. §
56.012

46 C.F.R. §
199.05 (2014)

Reference

2013

Year
C.F.R.
Amended

Page 120 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2004):
(a) Certain standards and specifications are incorporated by reference into this
part with the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b)
of this section, notice of the change must be published in the FEDERAL
REGISTER and the material made available to the public. All approved material
is available from the sources indicated in paragraph (b) or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(b) The standards and specifications approved for incorporation by reference in
this part, and the sections affected are:
...
American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959.
...
ASTM F 1020-86 (1996), Standard Specification for Line-Blind Valves for
Marine Applications .......................56.60-1

46 C.F.R. § 199.05, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in paragraph (b) of this section,
the Coast Guard must publish notice of change in the Federal Register; and the
material must be available to the public. All approved material is available for
inspection at Coast Guard Headquarters. Contact Commandant (CG-ENG-4),
Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. You may
also contact the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All approved material is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are as follows:
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1014-92, Standard Specification for Flashlights on Vessels 199.175.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987
(1998)

1987
(1998)

No.1

ASTM
F1120

ASTM
F1121

Reference

Standard
46 C.F.R. §
Specification
193.01-3 (2014)
for International
Shore
Connections for
Marine Fire
Applications

Standard
46 C.F.R. §
Specification
56.01-2 (1997)
for Circular
Metallic
Bellows Type
Expansion
Joints for Piping
Applications

Title

2000

Year
C.F.R.
Amended

Page 121 of 140

46 C.F.R. § 193.01-3, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the Federal Register and the material must be
available to the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. Also, it is available for inspection at the Coast Guard Headquarters.
Contact Commandant (CG-ENG), Attn: Office of Design and Engineering
Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7509; telephone [phone]. The material is also
available from the sources listed below.
(b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, 877-909-2786, http://www.astm.org.
(1) ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications, (approved March
1, 2010), incorporation by reference approved for § 193.10-10.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (2004):
(a) Certain standards and specifications are incorporated by reference into this
part with the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b)
of this section, notice of the change must be published in the FEDERAL
REGISTER and the material made available to the public. All approved material
is available from the sources indicated in paragraph (b) or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.
(b) The standards and specifications approved for incorporation by reference in
this part, and the sections affected are:
...
American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959.
...
ASTM F 1120-87 (1993), Standard Specification for Circular Metallic Bellows
Type Expansion Joints for Piping Applications ........................56.60-1

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1987
(1998)

1987
(1998)

No.1

ASTM
F1122

ASTM
F1123

Reference

33 C.F.R. §
154.106 (2014)

46 C.F.R. §
56.01-2 (1997)

Title

Standard
Specification
for Quick
Disconnect
Couplings

Standard
Specification
for NonMetallic
Expansion
Joints

2000

Year
C.F.R.
Amended

Page 122 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1123-87 Non-Metallic Expansion Joints for Use in Marine Piping
Applications. 56.60-1.

33 C.F.R. § 154.106, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference (IBR) into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition other than that specified in this section, the
Coast Guard must publish a notice of change in the Federal Register and the
material must be available to the public. All approved material is available for
inspection at the Coast Guard, Office of Design and Engineering Standards (CGENG), 2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126,
telephone [phone] and at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. Also, it is available from the sources indicated in this section.
...
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
...
(4) ASTM F1122-87 (Reapproved 1992), Standard Specification for Quick
Disconnect Couplings (“ASTM F1122”), IBR approved for § 154.500(d).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1988
(1998)

1998

No.1

ASTM
F1139

ASTM
F1155

Reference

Standard
Practice for
Selection and
Application of
Piping System
Materials

33 C.F.R. §
154.106 (2014)

Standard
46 C.F.R. §
Specification
56.01-2 (1997)
for Steam Traps
and Drains

Title

2000

Year
C.F.R.
Amended

Page 123 of 140

33 C.F.R. § 154.106, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference (IBR) into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition other than that specified in this section, the
Coast Guard must publish a notice of change in the Federal Register and the
material must be available to the public. All approved material is available for
inspection at the Coast Guard, Office of Design and Engineering Standards (CGENG), 2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126,
telephone [phone] and at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
Also, it is available from the sources indicated in this section.
...
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
...
(5) ASTM F1155-98, Standard Practice for Selection and Application of Piping
System Materials (“ASTM F1155”), IBR approved for Appendix A, 7.1, 8.4 to
part 154.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to of
Design and Engineering
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office Standards (CG-521), 2100 2nd St., SW., Stop 7126, Washington, DC
20593-7126, and is available from the sources listed below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1139-88 Steam Traps and Drains. 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1988
(1998)

1995

No.1

ASTM
F1172

ASTM
F1173

Reference

46 C.F.R. §
56.01-2 (1997)

Standard
Specification
for Fuel Oil
Meters of the
Volumetric
Positive
Displacement
Type

Standard
Specification
for
Thermosetting
Resin
Fiberglass Pipe
and Fittings to
be Used for
Marine
Applications

46 C.F.R. §
56.01-2 (1997)

Title

2000

Year
C.F.R.
Amended

Page 124 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1173-95 Epoxy Resin Fiberglass Pipe and Fittings to be Used for
Marine Applications. 56.60-1; 56.60-25.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1172-88 Fuel Oil Meters of the Volumetric Positive Displacement
Type. 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

2006

No.1

ASTM
F1193

Standard
Practice for
Quality,
Manufacture,
and
Construction of
Amusement
Rides and
Devices

Title

40 C.F.R. §
799.5087 (2014)

Reference

Va. 13
VAC 531- 40
(2010)
Ind. 685
IAC 1-2-9
Fla. FAC
5F8.0011
Colo. 7
C.C.R.
1101-12
Mass. 520
CMR
5.01
Tenn.
Comp. R.
& Regs.
0800-0304

Year
C.F.R.
Amended

Page 125 of 140

40 C.F.R. § 799.5087, “Chemical testing requirements for second group of high
production volume chemicals (HPV2)” (2014):
(h) How must I conduct my testing? (1) The tests that are required for each
chemical substance are indicated in Table 2 in paragraph (j) of this section. The
test methods that must be followed are provided in Table 3 in paragraph (j) of
this section. You must proceed in accordance with these test methods as required
according to Table 3 in paragraph (j) of this section, or as appropriate if more
than one alternative is allowed according to Table 3 in paragraph (j) of this
section. Included in Table 3 in paragraph (j) of this section are the following 18
test methods which are incorporated by reference:
...
(vi) Standard Guide for Conducting Daphnia Magna Life-Cycle Toxicity Tests,
ASTM E 1193-97 (Reapproved 2004), approved April 1, 2004.
...
(2) The Director of the Federal Register approved this incorporation by reference
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies
of the ASTM test methods from the American Society for Testing and Materials,
100 Bar Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959,
telephone number: [phone], web address: http://www.astm.org; copies of
the ISO test methods from the International Organization for Standardization, 1,
ch. de la Voie-Creuse, Case postale, 56 CH-1211 Geneve 20 Switzerland,
telephone number: [phone], web address: http://www.iso.org; and a
copy of the OECD guideline from the Organization for Economic Cooperation
and Development, 2, rue André Pascal,75775 Paris Cedex 16 France, telephone
number: [phone], web address: http://www.oecd.org. You may inspect
each test method and guideline at the EPA Docket Center, EPA West, Rm.
B102, 1301 Constitution Ave., NW., Washington, DC 20004, telephone number:
[phone], or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
[phone], or go to: http://www.archives.gov/federal-register/cfr/ibrlocations.html.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Va. 13 VAC 5-31- 40 (2010)
incorporates ASTM F1193-16, not
ASTM F1193-06.
Fla. FAC 5F- 8.0011 was
transferred to 5J-18.0011, which
incorporates ASTM F1193-18, not
ASTM F1193-06.
Colo. 7 C.C.R. 1101-12 – 7 CCR
1101-12:1-5 incorporates ASTM
F1193-18, not ASTM F1193-06.
Tenn. Comp. R. & Regs. 0800-0304.12(1)(g) incorporates ASTM F
1193-06, “Sections 1 through 7,”
not ASTM F1193-06 in its entirety.
PRO offered no evidence that Ind.
685 IAC 1-2-9 or Mass. 520 CMR
5.01 impose binding legal
obligations.

And indeed:

PRO has not even included the
incorporating language or
undertaken any analysis of these
claimed state regulations.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1988
(1998)

1988
(1998)

No.1

ASTM
F1199

ASTM
F1200

Year
C.F.R.
Amended

2000

46 C.F.R. §
56.01-2 (1997)

Standard
Specification
for Cast (All
Temperatures
and Pressures)
and Welded
Pipe Line
Strainers (150
psig and 150
Degrees F
Maximum)

Standard
46 C.F.R. §
Specification
56.01-2 (1997)
for Fabricated
(Welded) Pipe
Line Strainers
(Above 150
psig and 150°F)

2000

Reference

Title

Page 126 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1200-88 Fabricated (Welded) Pipe Line Strainers. 56.60-1.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1199-88 Cast and Welded Pipe Line Strainers. 56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1988
(1998)

1990
(1995) e
1

No.1

ASTM
F1201

ASTM
F1271

Reference

46 C.F.R. §
39.10-5 (2009)

Standard
Specification
for Fluid
Conditioner
Fittings in
Piping
Applications
Above Zero
Degrees F

Standard
Specification
for Impact
Attenuation of
Surfacing
Materials
Within the Use
Zone of
Playground
Equipment

46 C.F.R. §
56.01-2 (1997)

Title

2000

Year
C.F.R.
Amended

Page 127 of 140

46 C.F.R. § 39.10-5, “Incorporation by reference” (2009):
(a) Certain materials are incorporated by reference into this part with the
approval of the Director of the Federal Register in accordance with 5 U.S.C.
552(a). To enforce any edition other than the one listed in paragraph (b) of this
section, notice of change must be published in the Federal Register and the
material made available to the public. All approved material is on file at the U.S.
Coast Guard, Office of Operating and Environmental Standards (CG-522), 2100
2nd St. SW., Stop 7126, Washington, DC 20593-7126, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All material is available from the sources indicated in paragraph (b) of
this section.
(b) The material approved for incorporation by reference in this part, and the
sections affected are:
...
American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959
ASTM F 1271-90 (1995)-Standard Specification for Spill Valves for Use in
Marine Tank Liquid Overpressure Protection Applications...39.20-9

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with th eapproval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St. SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
…
American Society for Testing and Materials (ASTM), ASTM International
Headquarlea, 100 Ban' Harbor Drive, West Conshohocken, PA 19428-2959
…
ASTM F 1201-88 Fluid Conditioner Fittings in Piping Applications Above 0°F.
56.60-1.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1991

No.1

ASTM
F1273

(1996) e 1

Title

F1273

Reference

Year
C.F.R.
Amended

Page 128 of 140

33 C.F.R. § 154.106, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference (IBR) into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition other than that specified in this section, the
Coast Guard must publish a notice of change in the Federal Register and the
material must be available to the public. All approved material is available for
inspection at the Coast Guard, Office of Design and Engineering Standards (CGENG), 2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126,
telephone [phone] and at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
Also, it is available from the sources indicated in this section.
...
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
...
(6) ASTM F1273-91 (Reapproved 2007) Standard Specification for Tank Vent
Flame Arresters (“ASTM F1273”), approved December 1, 2007, IBR approved
for §§ 154.2001 and 154.2105(j).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992

No.1

ASTM
F1321

Standard Guide
for Conducting
a Stability Test
(Lightweight
Survey and
Inclining
Experiment) to
Determine
Light Ship
Displacement
and Centers of
Gravity of a
Vessel

Title

46 C.F.R. § 28.40
(2011)

Reference

Year
C.F.R.
Amended

Page 129 of 140

46 C.F.R. § 28.40, “Incorporation by reference” (2011):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To
enforce any edition other than that specified in paragraph (b) of this section, the
Coast Guard must publish notice of change in the Federal Register and make the
material available to the public. All approved material is on file at the U.S. Coast
Guard, Office of Design and Engineering Standards (CG-521), 2100 2nd St.
SW., Stop 7126, Washington, DC 20593-7126 or at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html. All material is available from the sources indicated in paragraph (b) of
this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are:
...
American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 1321-92, Standard Guide for Conducting a Stability Test (Lightweight
Survey and Inclining Experiment) to Determine the Light Ship Displacement
and Centers of Gravity of a Vessel...28.535

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1998

1993

No.1

ASTM
F1323

ASTM
F1471

Standard Test
Method for Air
Cleaning
Performance of
a HighEfficiency
Particulate AirFilter System

Standard
Specification
for Shipboard
Incinerators

Title

40 C.F.R. § 86.1
(2008)

46 C.F.R. §
63.05-1 (2005)

Reference

2014

2008

Year
C.F.R.
Amended

Page 130 of 140

40 C.F.R. § 86.1, “Reference materials” (2008):
(a) The documents in paragraph (b) of this section have been incorporated by
reference. The incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at U.S. EPA, OAR, 401 M St., SW., Washington, DC 20460,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. (b) The following paragraphs and tables set forth the material that has
been incorporated by reference in this part. (1) ASTM material. The following
table sets forth material from the American Society for Testing and Materials
that has been incorporated by reference. The first column lists the number and
name of the material. The second column lists the section(s) of this part, other
than this section, in which the matter is referenced. Copies of these materials
may be obtained from American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
...
ASTM F1471-93, Standard Test Method for Air Cleaning Performance of a
High-Efficiency Particulate Air-Filter System....86.1310-2007.

46 C.F.R. §63.05-1, “Incorporation by reference” (2005):
(a) Certain materials are incorporated by reference into this part with the
approval of the Director of the Federal Register in accordance with 5 U.S.C.
552(a). To enforce any edition other than the one listed in paragraph (b) of this
section, notice of change must be published in the Federal Register and the
material made available to the public. All approved material is on file at the U.S.
Coast Guard, Office of Design and Engineering Standards (G-MSE), 2100
Second Street SW., Washington, DC 20593-0001, and is available from the
sources listed in paragraph (b) of this section or at the National Archives and
Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locati
ons.html.
(b) The material approved for incorporation by reference in this part and the
sections affected are:
...
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
100 BARR HARBOR DRIVE, WEST CONSHOHOCKEN, PA 19428-2959.
ASTM F 1323-98, STANDARD SPECIFICATION FOR SHIPBOARD
INCINERATORS...63.25-9

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1996

1994

No.1

ASTM
F1546 / F
1546M

ASTM
F1548

46 C.F.R. §
162.027-1 (2004)

Reference

Standard
46 C.F.R. §
56.012 (1997)
Specification
for the
Performance of
Fittings for Use
with Gasketed
Mechanical
Couplings Used
in Piping
Applications

Standard
Specification
for Fire Hose
Nozzles

Title

2013

Year
C.F.R.
Amended

Page 131 of 140

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the Coast Guard
must publish notice of change in the FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection
at the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html. The material is also available for inspection at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd St., SW., Stop
7126, Washington, DC 20593-7126, and is available from the sources listed
below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959
...
ASTM F 1548-94 Standard specification for Performance of Fittings for Use
with Gasketed Mechanical Couplings for Use in Piping Applications. 56.30-35.

46 C.F.R. § 162.027, “Incorporation by reference” (2004):
(a) Certain material is incorporated by reference into this part with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in paragraph (b) of this section,
the Coast Guard must publish a notice of change in the FEDERAL REGISTER
and the material must be available to the public. All approved material is
available for inspection at the National Archives and Records Administration
(NARA and at the U.S. Coast Guard, Office of Design and Engineering
Standards (G-MSE), 2100 Second Street SW, Washington, DC 20593-0001 and
is available from the sources indicated in paragraph (b) of this section. For
information on the availability of this material at NARA, call 202-741-6030, or
go to:
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocation
s.html.”
(b) The material approved for incorporation by reference in this part and the
sections affected are as follows:
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 1546 [or] F 1546 M-96, Standard Specification for Firehose Nozzles162.027-2; 162.027-3

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1999

No.1

ASTM
F1951

Reference

Standard
36 C.F.R. § 1191,
Specification for App. B (2014)
Determination of
Accessibility of
Surface Systems
Under and
Around
Playground
Equipment

Title

Year
C.F.R.
Amended

Page 132 of 140

36 C.F.R. § 1191, App. B, “Referenced Standards” (2014):
105.1 General. The standards listed in 105.2 are incorporated by reference in this
document and are part of the requirements to the prescribed extent of each such
reference. The Director of the Federal
Register has approved these standards for incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the
referenced standards may be inspected at the Architectural
and Transportation Barriers Compliance Board, 1331 F Street NW., Suite 1000,
Washington, DC 20004; at the Department of
Justice, Civil Rights Division, Disability Rights Section, 1425 New York Avenue
NW., Washington, DC 20005; at the Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590; or at the
National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call [phone],
or go to http://www.archives.gov/federallregister/
codeloflfederallregulations/ibrllocations.html.
105.2 Referenced Standards. The specific edition of the standards listed below are
referenced in this document. Where differences
occur between this document and the referenced standards, this document applies.
...
105.2.3 ASTM. Copies of the referenced standards may be obtained from the
American Society for Testing and Materials, 100 Bar Harbor Drive, West
Conshohocken, Pennsylvania 19428
(http://www.astm.org).
...
ASTM F1951-99 Standard Specification for H263 Determination of Accessibility
of Surface Systems Under and Around Playground Equipment (see 1008.2.6.1).

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, 36 C.F.R. § 1191, App.
B (2014) does not refer to F195199. This underscores the fact that
PRO has not analyzed the
substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1979
(1999)

No.1

ASTM
F462

Reference

Year
C.F.R.
Amended

Standard
24 C.F.R. (Parts
2009
Consumer Safety 200 to 499) (2005)
Specification for
Slip-Resistant
Bathing Facilities

Title

Page 133 of 140

24 C.F.R. (Parts 200 to 499), “Minimum Property Standards for Care-Type
Housing” (2005):
The following publications are incorporated by reference in the HUD Minimum
Property Standards (MPS) in 24 CFR part 200, subpart S. The MPS are available
for public inspection and can be obtained
for ppropriate [sic] use at 490 L’Enfant Plaza East, Suite 3214, or at each HUD
Regional, Area, and Service Office. Copies are available for inspection at the
Office of the Federal Register, 800 North Capitol
Street, NW, suite 700, Washington, DC. The individual standards referenced in
the MPS are available at the address contained in the following table. They are
also available for public inspection at the
Manufactured Housing and Construction Standards Division, Suite 3214, 490
L’Enfant Plaza East, Washington, DC 20024.
...
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, Telephone (610)
832-9585, FAX [phone]
...
ASTM F 462-79 Slip-Resistant Bathing Facilities; Part 200, Subpart S

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Finally, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

Moreover, 24 C.F.R. (Parts 200 to
499) contains a non-substantive list
of standards incorporated by
reference. Each entry on this list
references a substantive
regulation—here, 24 C.F.R. Part
200, Subpart S. But 24 C.F.R. Part
200, Subpart S does not refer to
F462-79 (1999). This underscores
the fact that PRO has not analyzed
the substantive regulations at issue.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1992
(1999)

1993

No.1

ASTM
F478

ASTM
F631

Reference

Standard Guide 33 C.F.R. §
for Collecting
154.106
Skimmer
(2014)
Performance Data
in Controlled
Environments

Standard
29 C.F.R. §
Specification for 1910.137
In-Service Care (2012)
of Insulating Line
Hose and Covers

Title

2014

Year
C.F.R.
Amended

Page 134 of 140

33 C.F.R. § 154.106, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference (IBR) into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. To enforce any edition other than
that specified in this section, the Coast Guard must publish a notice of change in
the Federal Register and the material must be available to the public. All approved
material is available for inspection at the
Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2100 2nd
Street SW., Stop 7126, Washington, DC 20593-7126, telephone [phone]
and at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html.
Also, it is available from the sources indicated in this section.
...
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
...
(1) ASTM F631-93, Standard Guide for Collecting Skimmer Performance Data in
Controlled Environments (“ASTM F631”), IBR approved for Appendix C, 6.3 to
part 154.

29 C.F.R. § 1910.137, “Electrical protective equipment”:
NOTE: Standard electrical test methods considered as meeting this requirement
are given in the following national consensus standards:
...
ASTM F 478-92, Specification for In-Service Care of Insulating Line Hose and
Covers.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1980
(1985)

1982a
(1988)

No.1

ASTM
F631

ASTM
F682

Page 135 of 140

ASTM F 682-82a Wrought Carbon Steel Sleeve-Type Pipe Couplings. 56.60-1.

46 C.F.R. § 56.01-2, “Incorporation by Reference” (1997):
(a) Certain material is incorporated by reference into this part with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To
enforce any edition other than that specified in this section, the Coast Guard must
publish notice of change in the FEDERAL REGISTER and the material must be
available to the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federallregister/codeloflfederallregulations/ibrllocations.
html. The material is also available for inspection at the U.S. Coast Guard, Office
of Design and Engineering Standards
(CG-521), 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126, and is
available from the sources listed below.
...
American Society for Testing and Materials (ASTM), ASTM International
Headquarters, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959
...

Standard
46 C.F.R. § 56.01- 2000
Specification for 2
Wrought Carbon (1997)
Steel Sleeve-Type
Pipe Couplings

PRO’s Truncated Text of Incorporation by Reference2

33 C.F.R. § 154.106, “Incorporation by reference” (1999):
(a) Certain material is incorporated by reference into this part with the approval of
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. To enforce any edition other than that specified in paragraph (b) of this
section, the Coast Guard must publish notice of change in the Federal Register and
make the material available to the public. All approved material is on file at the
Office of the Federal Register, 800 North Capitol Street NW., suite 700,
Washington, DC and at the U.S. Coast Guard, Office of the Compliance (GMOC),
Room 1116, 2100 Second Street SW.,
Washington, DC 205930001, and is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are:
...
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) 1916
RACE STREET, PHILADELPHIA, PA 19103.
ASTM F 631-80 (REAPPROVED 1985), STANDARD METHOD FOR
TESTING FULL SCALE ADVANCING SPILL REMOVAL DEVICES
APPENDIX C.

Year
C.F.R.
Amended
2009

Reference

Standard Method 33 C.F.R. §
for Testing Full 154.106
Scale Advancing (1999)
Spill Removal
Devices

Title

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1995

No.1

ASTM
F715

Reference

33 C.F.R. §
Standard Test
Methods for
154.106
Coated Fabrics (2014)
Used for Oil Spill
Control and
Storage

Title

Year
C.F.R.
Amended

Page 136 of 140

33 C.F.R. § 154.106, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference (IBR) into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. To enforce any edition other than
that specified in this section, the Coast Guard must publish a notice of change in
the Federal Register and the material must be available to the public. All approved
material is available for inspection at the
Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2100 2nd
Street SW., Stop 7126, Washington, DC 20593-7126, telephone [phone]
and at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html.
Also, it is available from the sources indicated in this section.
...
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
...
(2) ASTM F715-95, Standard Test Methods for Coated Fabrics Used for Oil Spill
Control and Storage (“ASTM F715”), IBR approved for Appendix C, 2.3.1 to part
154.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1981
(1986)

1982
(1988)

No.1

ASTM
F715

ASTM
F722

Reference

Standard
Specification for
Welded Joints for
Shipboard Piping
Systems

33 C.F.R. §
154.106
(2014)

Standard Methods 33 C.F.R. §
of Testing Spill 154.106
Control Barrier (1997-2008)
Membrane
Materials

Title

2009

Year
C.F.R.
Amended

Page 137 of 140

33 C.F.R. § 154.106, “Incorporation by reference” (2014):
(a) Certain material is incorporated by reference (IBR) into this part with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. To enforce any edition other than that specified in this section, the Coast
Guard must publish a notice of change in the Federal Register and the material
must be available to the public. All approved material is available for inspection at
the Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2100
2nd Street SW., Stop 7126, Washington, DC 20593-7126, telephone [phone] and at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-6030 or go
to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html. Also, it is available from the sources indicated in this section.
...
(e) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959.
...
(3) ASTM F722-82 (Reapproved 2008), Standard Specification for Welded
Joints for Shipboard Piping Systems (“ASTM F722”), approved November 1,
2008, IBR approved for Appendix A, 8.4, 8.6 to part 154.

33 C.F.R. § 154.106, “Incorporation by reference” (1999):
(a) Certain material is incorporated by reference into this part with the approval of
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. To enforce any edition other than that specified in paragraph (b) of this
section, the Coast Guard must publish notice of change in the Federal Register and
make the material available to the public. All approved material is on file at the
Office of the Federal Register, 800 North Capitol Street NW., suite 700,
Washington, DC and at the U.S. Coast Guard, Office of the Compliance (GMOC), Room 1116, 2100 Second Street SW., Washington, DC 20593-0001, and
is available from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are:
...
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) 1916
RACE STREET, PHILADELPHIA, PA 19103.
...
ASTM F 715-81 (REAPPROVED 1986), STANDARD METHODS OF
TESTING SPILL CONTROL BARRIER MEMBRANE MATERIALS
APPENDIX C.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1983
(1988)e1

No.1

ASTM
F808

Standard Guide
for Collecting
Skimmer
Performance Data
in Uncontrolled
Environments

Title

33 C.F.R. §
154.106
(1999)

Reference

2009

Year
C.F.R.
Amended

Page 138 of 140

33 C.F.R. § 154.106, “Incorporation by reference” (1999):
(a) Certain material is incorporated by reference into this part with the approval of
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. To enforce any edition other than that specified in paragraph (b) of this
section, the Coast Guard must publish notice of change in the Federal Register and
make the material available to the public. All approved material is on file at the
Office of the Federal Register, 800 North Capitol Street NW., suite 700,
Washington, DC and at the U.S. Coast Guard, Office of the Compliance (GMOC), Room 1116, 2100 Second Street SW., Washington, DC 20593-0001, and
is available from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and the
sections affected are:
...
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) 1916
RACE STREET, PHILADELPHIA, PA 19103.
...
ASTM F 808-83 (1988), STANDARD GUIDE FOR COLLECTING SKIMMER
PERFORMANCE DATA IN UNCONTROLLED ENVIRONMENTS
APPENDIX C.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

Edition

1997

No.1

ASTM
G151

Reference

Standard Practice 49 C.F.R. § 571.5
for Exposing
(2014)
Nonmetallic
Materials in
Accelerated Test
Devices that Use
Laboratory Light
Sources

Title

Year
C.F.R.
Amended

Page 139 of 140

49 C.F.R. § 571.5, “Matter incorporated by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To
enforce any edition other than that
specified in this section, the National Highway Traffic Safety Administration
(NHTSA) must publish notice of change in the Federal Register and the material
must be available to the public. All approved
material is available for inspection at NHTSA, 1200 New Jersey Avenue SE.,
Washington, DC 20590, and at the National Archives and Records Administration
(NARA). For information on the
availability of this material at NHTSA, or if you experience difficulty obtaining
the standards referenced below, contact NHTSA Office of Technical Information
Services, phone number [phone].
For information on the availability of this material at NARA, call [phone],
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
...
(d) ASTM International, 100 Barr Harbor Drive, PO Box C700, West
Conshohocken, PA 19428-2959. Telephone: [phone]; Fax [phone];
Web site: http://www.astm.org.
...
(37) ASTM G151-97, “Standard Practice for Exposing Nonmetallic Materials in
Accelerated Test Devices that Use Laboratory Light Sources,” approved July 10,
1997, into § 571.106.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3

2000a

ASTM
G154

ASTM G21 1990

Edition

No.1
Reference

Standard Practice
for Determining
Resistance of
Synthetic
Polymeric
Materials to
Fungi

7 C.F.R. §
1755.910
(2014)

Standard Practice 49 C.F.R. § 571.5
for Operating
(2014)
Fluorescent Light
Apparatus for UV
Exposure of
Nonmetallic
Materials

Title

Year
C.F.R.
Amended

Page 140 of 140

7 C.F.R. § 1755.910, “RUS specification for outside plant housings and serving
area interface systems” (2014):
(7) The American Society for Testing and Materials Specifications (ASTM) .....
ASTM G 21-90, Standard Practice for Determining Resistance of Synthetic
Polymeric Materials to Fungi; and ASTM G 23-90, Standard Practice for
Operating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water
for Exposure of Nonmetallic Materials, referenced in this section are incorporated
by reference by RUS. These incorporations by references were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 7 CFR
part 51. Copies of the ASTM standards are available for inspection during normal
business hours at RUS, room 2845-S, U.S. Department of Agriculture,
Washington, DC 20250-1500, or at the National Archives and Records
Administration (NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html. Copies are available from ASTM, 1916 Race Street, Philadelphia,
Pennsylvania 19103-1187, telephone number [phone].

49 C.F.R. § 571.5, “Matter incorporated by reference” (2014):
(a) Certain material is incorporated by reference into this part with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To
enforce any edition other than that
specified in this section, the National Highway Traffic Safety Administration
(NHTSA) must publish notice of change in the Federal Register and the material
must be available to the public. All approved
material is available for inspection at NHTSA, 1200 New Jersey Avenue SE.,
Washington, DC 20590, and at the National Archives and Records Administration
(NARA). For information on the
availability of this material at NHTSA, or if you experience difficulty obtaining
the standards referenced below, contact NHTSA Office of Technical Information
Services, phone number [phone].
For information on the availability of this material at NARA, call [phone],
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
...
(d) ASTM International, 100 Barr Harbor Drive, PO Box C700, West
Conshohocken, PA 19428-2959. Telephone: [phone]; Fax [phone];
Web site: http://www.astm.org.
...
(38) ASTM G154-00, “Standard Practice for Operating Fluorescent Light
Apparatus for UV Exposure of Nonmetallic Materials,” approved February 10,
2000, into § 571.106.

PRO’s Truncated Text of Incorporation by Reference2

ASTM List

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

Moreover, on its face, the
incorporating language does not
reference the edition of the ASTM
Work that PRO reproduced and
displayed.

PRO has not analyzed the
substantive regulation that
references this ASTM Standard.

Mere identification of an
incorporating reference does not
satisfy the D.C. Circuit’s mandate
to analyze—“standard by standard
and use by use”—whether the
material PRO copied is “essential
to complying with any legal duty.”
ASTM II, 896 F.3d at 450–51.

ASTM’s Response3