Technical Standards (Documents)

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Recommendation 2011-5, “Incorporation by Reference,” addresses legal and policy issues related to agencies' incorporation by reference in the Code of Federal Regulations of standards or other materials that have been published elsewhere. Agencies have promulgated thousands of regulations that incorporate by reference standards published elsewhere. The practice raises common issues that...

(a) Many federal agencies have authority to issue mandatory health or safety regulations relating to products, materials, processes, practices or services that may be the subjects of voluntary standards prepared by non-governmental organizations. Non-governmental standards, though not legally enforceable, have in fact gained wide acceptance and a high degree of observance....

These slides provide a comprehensive overview of the issues addressed in Recommendation 2011-5, Incorporation by Reference.  It was prepared for a webinar sponsored by SES, the Society for Standards Professionals.

This article, published in Standards Engineering, the official SES Journal, Vol. 65, No. 2, March/April 2013, provides an introduction to the ongoing debate over public access to copyrighted technical standards incorporated by reference into regulation.  It is reproduced here with the permission of SES, the Society for Standards Professionals.

This is the final version of Emily S. Bremer's Incorporation by Reference Report, as published in the Harvard Journal of Law and Public Policy in January 2013.

This is the full text of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011.  Section 24 of this act prohibited the Pipeline and Hazardous Materials Saftey Administration from incorporating by reference in regulations or guidance any materials not available to the public for free online.  This requirement was relaxed through amending legislation enacted in August 2013.

This is the provision of the Pipelines Safety, Regulatory Certainty, and Job Creation Act of 2011 that prospectively prohibited the Pipeline and Hazardous Materials Safety Administration from incorporating by reference any materials not available for free to the public online.  The requirement was relaxed through amending legislation enacted in August 2013.

This is the Congressional Record of the House of Representative's debate of H.R. 2576, a bill to amend Section 24 of the Pipeline Saftey, Regulatory Certainty, and Job Creation Act of 2011.

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