Incorporation-by-reference fails --- it creates mass confusion, which undermines innovation.
Bremer 12 – Professor of Law at the University of Notre Dame, J.D. from New York University.
Emily S. Bremer, “Standards, Regulations and Incorporation by Reference,” ASTM International, https://sn.astm.org/first-person/standards-regulations-and-incorporation-reference-nd12.html#:~:text=Recommendation%202011%2D5%20urges%20a,and%20to%20other%20interested%20parties.
Keeping incorporating regulations up to date poses another challenge for agencies. The law requires that agencies identify the specific version of a standard that is being incorporated by reference into a regulation. This is sound policy. Allowing agencies to incorporate by reference without identifying the specific version of the standard that is incorporated would make regulations less clear and would likely sow confusion among regulated parties; it would also permit dynamic incorporations, under which the law would change whenever an incorporated standard changed. This situation would deprive the agency of responsibility and control over its own regulations. That would be undesirable as a matter of public policy and might also raise legal issues because it would transfer regulatory authority to private standards developers.