FR Doc 04-6198

[Federal Register: March 18, 2004 (Volume 69, Number 53)]
[Rules and Regulations]
[Page 12781-12783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr04-1]

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Rules and Regulations
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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[[Page 12781]]

ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER

1 CFR Part 11

RIN 3095-AB35

Price Changes to Federal Register Publications

AGENCY: Administrative Committee of the Federal Register (ACFR).

ACTION: Final rule.

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SUMMARY: The Administrative Committee of the Federal Register (ACFR) is
prescribing the prices to be charged for the paper and microfiche
editions of Federal Register publications. The price changes apply to
the daily Federal Register (paper and microfiche editions), the Federal
Register Index, the Code of Federal Regulations (CFR) (paper and
microfiche editions), and the Weekly Compilation of Presidential
Documents. The Administrative Committee has determined that it is
necessary to increase prices to enable the Government Printing Office
(GPO) to recover the full cost of producing and distributing Federal
Register publications.

DATES: This final rule is effective April 19, 2004.

ADDRESSES: For access to supporting documents, go to http://www.archives.gov/federal_register/acfr/docket.html
.

FOR FURTHER INFORMATION CONTACT: Michael White at (202) 741-6025 or
michael.white@nara.gov.

SUPPLEMENTARY INFORMATION:

Background

Under the Federal Register Act (44 U.S.C. Chapter 15), the
Administrative Committee of the Federal Register is responsible for
prescribing the prices charged for Federal Register publications. These
prices must be set according to the funding mechanisms authorized under
law for the Federal Register program. By law, Federal Register
publications are sold and distributed to the public by GPO's
Superintendent of Documents. GPO receives no appropriation for the
costs associated with producing Federal Register publications.
Operating funds for the sales program are derived from subscribers and
single copy buyers. The Administrative Committee periodically reviews
data submitted by the Superintendent of Documents to determine whether
subscription rates and single copy charges produce sufficient revenue
to fully recover the Superintendent of Document's printing, handling,
and distribution costs, including postal rate increases.
Over the past decade, the Administrative Committee has balanced two
imperatives: the need to produce and price the paper editions of
Federal Register publications in a fiscally sound manner, and the
public benefit derived from making this essential regulatory
information available to the public free of charge online via the GPO
Access system (http://www.gpoaccess.gov/nara). Since 1994, when the

Administrative Committee began providing online access to the Federal
Register, the number of paid subscriptions has declined by 85 percent.
The decline in paper subscription revenue far exceeds the savings
realized from producing fewer paper copies. Over the same time period
in which sales of Federal Register publications have fallen, use of
online Federal Register publications through GPO Access has expanded
rapidly. Information retrievals from the online edition of the Federal
Register grew from just under 15 million documents in calendar year
1996 to over 68 million documents downloaded in calendar year 2002.
Over the same period, information retrievals from the online edition of
the CFR grew from about 725,000 documents to more than 87 million
documents downloaded. At the same time, there are still some
subscribers who prefer to pay for the convenience of receiving bound,
paper editions for their libraries and internal distribution systems.
The price of these paper publications must reflect the economic reality
of producing and distributing them.
While the Federal Register Act does not provide any specific
guidelines on the prices to be charged for Federal Register
publications, the longstanding policy of the Administrative Committee
is that the program should be operated on a break-even basis. Due to
fluctuations in subscriptions and single copy buying patterns, some
temporary funding shortfalls may be unavoidable. But it is implicit in
the statutory scheme that the Federal Register sales program may not be
operated over the long term with a built-in deficit caused by a known
insufficiency of funds. GPO's current analysis indicates that the
portion of its revolving fund dedicated to the Federal Register sales
program has been depleted to the point that prices should be raised to
support the program in the future.
To determine current costs and prepare a price schedule, the
Superintendent of Documents conducted an in-depth study of actual costs
from prior years and made conservative estimates of future costs. This
final rule takes into account GPO's actual production and distribution
costs since 2001 and projected costs for fiscal year 2004. The pricing
analysis includes GPO's recent cost-cutting initiatives to streamline
and improve its operations. Specific actions to cut costs that have
been taken or are presently underway include: Reducing personnel
expenses through an employee buyout plan; reorganizing the
Superintendent of Documents organization and operations; consolidating
distribution facilities; and closing GPO Bookstores. GPO has also
reevaluated and subsequently reduced estimated handling charges as they
apply to Federal Register products. The new handling charges of $1.46
per copy for the Federal Register (down from $2.39) and $1.59 for the
CFR (down from $2.39) were factored into the pricing analysis.
Based on all the information available, it has been determined that
price adjustments should be made to certain publications to accurately
reflect the current costs of production and distribution, and thereby
avoid running a deficit. A proposed rule was published on December 17,
2003, at 68 FR 70191. In the rulemaking analysis, the Administrative
Committee projected that adopting the proposed pricing schedule would
enable the Federal Register program to achieve full cost

[[Page 12782]]

recovery, and invited public comment on the proposed pricing schedule.
No comments were received.
In the past, ACFR price regulations have generally included postage
in the prices listed. In this final rule, postage is excluded from the
stated prices, except for single issues of certain editions, since
postal rate making decisions and the timing of increases are separately
determined by the United States Postal Service. Therefore, the
prevailing postal rates will be applied to orders, based on the method
of delivery requested by customers. The prices for single issues of the
Federal Register (paper and microfiche) and the Weekly Compilation of
Presidential Documents, and single volumes of the CFR on microfiche
continue to include postage because the cost of delivery is only a
small component of the total cost.
This final rule increases the subscription rates for the paper
editions of the daily Federal Register, the Federal Register Index, the
Code of Federal Regulations (CFR) and the Weekly Compilation of
Presidential Documents. The cost to customers for the LSA (List of CFR
Sections Affected), with postage calculated at the current periodical
rate, is unchanged. The subscription rates and the single copy prices
of the microfiche editions of the daily Federal Register and CFR also
increase slightly. In addition, the Administrative Committee is
prescribing a multi-tiered price schedule for single copies of the
Federal Register to account for the true cost of publishing issues of
varying size.
The following figures state the percentage of increase for Federal
Register publications. To be consistent with past analyses, the
calculation includes the current basic postal rates applicable to each
publication. Under this analysis, it is necessary to increase the price
of the paper Federal Register subscription by 21 percent, and the price
of the paper CFR subscription by 12 percent. The average increase for
all paper Federal Register subscriptions amounts to 16 percent. The
overall price change for paper and microfiche editions combined amounts
to a 14 percent increase. The increases are primarily attributable to
higher labor expenses, paper costs, and a substantial decline in sales
of printed publications, causing upward pressure on the average cost
per subscription. Pricing for the microfiche editions of the Federal
Register and the CFR are determined through a competitive bidding
process.
While the rate increases discussed in this rulemaking will affect
subscribers of the paper and microfiche editions, the success of our
online publications demonstrates that the Federal Register system is
fulfilling its mission to provide the broader public with essential
information on the functions, actions, and regulatory requirements of
the Federal government. The Office of the Federal Register (OFR) and
GPO are constantly engaged in efforts to improve the quality of their
online publications, including investments in new technology
applications that will enhance e-government services to the public. In
early 2003, the OFR and GPO helped the Environmental Protection Agency
and other agency partners launch Regulations.gov as part of the
President's eRulemaking initiative. OFR and GPO created a one-stop
regulatory clearinghouse for this application to enhance public
participation in the rulemaking process (see http://www.regulations.gov
). This system is based, in large part, on OFR/GPO

production systems and online Federal Register publications. More than
2 million users have accessed proposed and final regulations through
this new resource, and the system has garnered a number of awards from
various e-Government organizations. In addition, GPO, in consultation
with OFR, recently completed an effort to thoroughly rewrite and
reorganize its Federal Register and CFR Web pages to improve the user
experience. And GPO is also actively engaged in acquiring a new search
and retrieval engine for Federal Register databases, including the e-
CFR, which is a prototype for a currently updated, online version of
the CFR (http://www.gpoaccess.gov/ecfr). For members of the public who

prefer to read the printed editions, GPO continues to provide free
access to Federal Register publications at Federal Depository libraries
located throughout the nation.

The Amendments

The increased prices for Federal Register publications are
reflected in amendments to 1 CFR part 11. The following rates are
effective 30 days after publication of this final rule. The annual
subscription rate for the daily Federal Register paper edition is $749.
For a combined Federal Register, Federal Register Index and LSA (List
of CFR Sections Affected) subscription, the price is $808. The price of
a single copy of the daily Federal Register is based on the number of
pages: $11 for an issue less than 200 pages; $22 for an issue between
200 and 400 pages; and $33 for an issue with more than 400 pages. The
annual subscription price of the microfiche edition of the Federal
Register, which includes the Federal Register Index and LSA, is $165.
The price of a single copy of the daily Federal Register microfiche
edition is $3. The annual price for the Federal Register Index is $29.
The annual subscription price for the monthly LSA is $30. The annual
subscription rate for a full set of CFR volumes is $1,019 for the paper
edition and $247 for the microfiche edition. The price of a single
volume of the CFR microfiche edition is $4. The annual subscription
rate for the Weekly Compilation of Presidential Documents is $113. The
price of a single copy of the Weekly Compilation of Presidential
Documents is $5.

Regulatory Analyses

Executive Order 12866

This final rule has been drafted in accordance with Executive Order
12866, section 1(b), ``Principles of Regulation.'' This rulemaking is
not a significant regulatory action, as defined under section 3(f) of
Executive Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not
apply to rate increases necessary to recover the costs to the
government of printing and distributing Federal Register publications.
This final rule will not have a significant impact on small entities
because it does not impose any substantive requirements, and any
increased costs may be avoided by accessing Federal Register
publications on the Internet via the free GPO Access service. In
addition, Federal depository libraries located throughout the nation
provide free access to the bound paper editions or microfiche editions
of Federal Register publications, as well as free use of computers for
access to the online editions.

Federalism

This final rule has no federalism implications under Executive
Order 13132. It does not impose compliance costs on State or local
government or preempt State law.

Congressional Review

This rule is not a major rule as defined by 5 U.S.C. 804(2). A rule
report, including a copy of this final rule, will be submitted to each
House of the Congress and to the Comptroller General of the United
States as required under the congressional review provisions of the
Small Business Regulatory Enforcement Fairness Act of 1986.

List of Subjects in 1 CFR Part 11

Code of Federal Regulations, Federal Register, Government
publications,

[[Page 12783]]

Weekly Compilation of Presidential Documents.

0
For the reasons discussed in the preamble, the Administrative Committee
of the Federal Register, with the approval of the Archivist of the
United States and the Attorney General, is amending part 11 of chapter
I of title 1 of the Code of Federal Regulations as set forth below:

PART 11--SUBSCRIPTIONS

0
1. The authority citation for part 11 continues to read as follows:

Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709, 3
CFR, 1954-1958 Comp., p. 189.

0
2. In Sec. 11.2, revise paragraph (a) to read as follows:

Sec. 11.2 Federal Register.

(a) The subscription price for the paper edition of the daily
Federal Register is $749 per year. A combined subscription to the daily
Federal Register, the monthly Federal Register Index, and the monthly
LSA (List of CFR Sections Affected) is $808 per year for the paper
edition, or $165 per year for the microfiche edition. Six-month
subscriptions for the paper and microfiche editions are also available
at one-half the annual rate. Those prices exclude postage. The
prevailing postal rates will be applied to orders according to the
delivery method requested. The price of a single copy of the daily
Federal Register, including postage, is based on the number of pages:
$11 for an issue containing less than 200 pages; $22 for an issue
containing 200 to 400 pages; and $33 for an issue containing more than
400 pages. Single issues of the microfiche edition may be purchased for
$3 per copy, including postage.
* * * * *

0
3. In Sec. 11.3, revise paragraph (a) to read as follows:

Sec. 11.3 Code of Federal Regulations.

(a) The subscription price for a complete set of the Code of
Federal Regulations is $1,019 per year for the bound, paper edition, or
$247 per year for the microfiche edition. Those prices exclude postage.
The prevailing postal rates will be applied to orders according to the
delivery method requested. The Government Printing Office sells
individual volumes of the paper edition of the Code of Federal
Regulations at prices determined by the Superintendent of Documents
under the general direction of the Administrative Committee. The price
of a single volume of the microfiche edition is $4 per copy, including
postage.
* * * * *

0
4. In Sec. 11.6, revise paragraph (a) to read as follows:

Sec. 11.6 Weekly Compilation of Presidential Documents.

(a) The subscription price for the paper edition of the Weekly
Compilation of Presidential Documents is $113 per year, excluding
postage. The prevailing postal rates will be applied to orders
according to the delivery method requested. The price of an individual
copy is $5, including postage.
* * * * *

0
5. Revise Sec. 11.7 to read as follows:

Sec. 11.7 Federal Register Index.

The annual subscription price for the monthly Federal Register
Index, purchased separately, in paper form, is $29. The price excludes
postage. The prevailing postal rates will be applied to orders
according to the delivery method requested.

0
6. Revise Sec. 11.8 to read as follows:

Sec. 11.8 LSA (List of CFR Sections Affected).

The annual subscription price for the monthly LSA (List of CFR
Sections Affected), purchased separately, in paper form, is $30. The
price excludes postage. The prevailing postal rates will be applied to
orders according to the delivery method requested.

John W. Carlin,
Chairman, Administrative Committee of the Federal Register.

Bruce R. James,
Member, Administrative Committee of the Federal Register.

Rosemary Hart,
Member, Administrative Committee of the Federal Register.

Approved by:
James B. Comey,
Deputy Attorney General.

John W. Carlin,
Archivist of the United States.
[FR Doc. 04-6198 Filed 3-17-04; 8:45 am]

BILLING CODE 1505-01-P