The perm still links to the net benefit.
Bremer 22 – Professor of Law at the University of Notre Dame, J.D. from New York University.
Emily S. Bremer, “Introducing Incorporation by Reference,” The Regulatory Review, 08-24-2022, https://www.theregreview.org/2022/08/24/bremer-introducing-incorporation-by-reference/
The difficulty is that, when an agency incorporates a private, voluntary standard into a regulation, regulated parties and the public must usually pay the private standard-setting organization to see the full text of the agency’s proposed or final regulation. This requirement is because most standard-setting organizations assert copyright over their standards and rely on the revenue from the sale of the standards to fund their standard-setting processes. The resulting financial and practical barriers to public access to incorporated standards are contrary to modern administrative law norms, which have been shaped by the internet and the free, ready availability it provides to statutes, regulations, and agency documents.