SDOs will embrace the option because it means they can influence government policy.

Emily S. Bremer, “Incorporation by Reference in Federal Regulations,” Administrative Conference of the United States, 11-15-2012, https://www.acus.gov/sites/default/files/documents/Bremer-Incorporation-by-Reference-Slides-11-15-12.pdf

Why Incorporate by Reference?

Original purpose was to shorten the Federal Register and CFR.

Avoid repetition of materials available in Commerce Clearing House, West publications, etc. See S. REP. 1219, at 11 (1964).

Some materials cannot be printed in the hard copy editions of the Federal Register and CFR.

Maps, schematics, other technical material, etc.

Some materials, including most voluntary consensus standards, are copyrighted.

But see Veeck v. Southern Building Code Congress International, Inc., 293 F.3d 791 (5th Cir. 2002).

Federal Standards Policy

Agencies are generally required to use voluntary consensus standards in regulations in lieu of creating government-unique technical standards to fulfill regulatory needs.

This approach can be traced back to Administrative Conference Recommendation 78-4, addressing the use of voluntary consensus standards in health and safety regulation.

Office of Management and Budget Circular A-119 requires agencies to use voluntary consensus standards in regulatory and procurement activities “except where inconsistent with law or otherwise impractical.”

This policy was partially codified in the National Technology Transfer and Advancement Act of 1995.

Standards in Regulations

Under OMB Circular A-119 and the NTTAA, the National Institute of Standards and Technology (NIST) plays a central, coordinating role.

Provides training and advice to agencies and coordinates the Interagency Committee on Standards Policy.

More information at .

Standards Incorporated by Reference (SIBR) Database

As of November 13, 2012, the database identified 9,557 incorporations by reference of standards in the CFR.

Includes voluntary consensus standards, government-unique standards, private industry standards, and international standards

Benefits of Federal Standards Policy

Federal standards policy yields significant benefits for agencies, regulated industry, and the public.

Agencies save time and money in rulemaking, get access to extensive technical expertise outside government, and reduce enforcement costs.

Regulated parties benefit from additional opportunities to contribute to standards development, reduced compliance costs, and less regulatory confusion.