The government can still require payment.
Bremer 19 – Professor of Law at the University of Notre Dame, J.D. from New York University.
Emily S. Bremer, “Technical Standards Meet Administrative Law: A Teaching Guide on Incorporation by Reference,” Notre Dame Law School Scholarship, https://scholarship.law.nd.edu/law_faculty_scholarship/1406/
Requiring interested persons to pay to read standards incorporated by reference into proposed and final regulations can present a significant problem from the perspective of administrative law and its longstanding commitment to government transparency. Requiring payment undermines public participation in the rulemaking process by erecting a barrier for those who wish to comment on a proposed regulation. After a final rule is promulgated, payment requirements necessitate that anyone seeking to know what the law requires pay a private party to read the full text of a federal law.3 1