The CP is mutually exclusive with the plan.

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/

What kind of free access would be required? Incorporated standards must already be accessible to the public for free at the OFR and in agency reading rooms. 8 0 If the goal is to provide access beyond these existing public inspection requirements, the text of any new statute mandating free access must clearly state what is required. Possibilities here include: (1) publication of the full text of the standard in the Federal Register and CFR; (2) online access on the agency's own website; or (3) online access on the SSO's website. If online access is required, could it be read-only access, or must the document be available in an unrestricted format? How can the agency provide the required free access when the standards are copyrighted? Which option is most likely to address the SSO's concerns for protecting their copyrights and funding models?

If copyright prevents an agency from complying with the free access mandate, how will that affect federal standards law and policy? The NTTAA provides that agencies may choose not to use an available voluntary consensus standard when that use would be "inconsistent with applicable law or otherwise impractical." 8 1 Under this language and by virtue of the last-in-time rule, agencies unable to secure the mandatory free access to incorporated standards could lawfully stop using those standards. This outcome would undermine federal standards policy. Perhaps free access to the law is more important than the values and benefits underlying federal standards policy. But if so, presumably that value judgment should be made deliberately and thoughtfully. If agencies cannot use private standards, how will they meet their standardization needs? Do they have (or can they acquire) the expertise and funding necessary to develop their own standards? If so, how will agencies address potential conflicts between governmentunique standards and private standards, which may have acquired de facto authoritative status in the industry? Will such conflicts raise the costs of enforcement (for an agency) and compliance (for industry)?