# § 20116. Rulemaking process
No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—
**(1)** the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
**(2)** the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
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**Source Credit**: (Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859; amended Pub. L. 114–94, div. A, title XI, § 11316(c), Dec. 4, 2015, 129 Stat. 1676.)
## Editorial Notes
### Prior Provisions
A prior section 20116, , , ; amended , , , related to biennial safety reports prior to repeal by , , .
### Amendments
2015— substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2015 Amendment
Amendment by effective , see , set out as a note under , Government Organization and Employees.