A free access mandate is possible and solves other barriers to access.
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/
Free Access Mandate. For many students, the most obvious solution to incorporation by reference's public access problem would be to mandate free access to incorporated standards. Because the government neither creates nor has unilateral control over private standards that are or may be incorporated by reference, a free access mandate would most likely need to be structured as a statutory requirement that agencies only use standards that the public can freely access. The requirement could be imposed via a government-wide statute, perhaps enacted as an amendment to 5 U.S.C. § 552(a)(1). This has the virtue of addressing the issue definitively in a single, governmentwide statute. There are a variety ofissues to consider in evaluating this possibility: