[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Rules and Regulations]
[Pages 6311-6313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2463]
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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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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Rules
and Regulations
[[Page 6311]]
ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER
1 CFR Parts 9, 11, and 12
[AG Order No. 3252-2011]
Regulations Affecting Publication of the United States Government
Manual
AGENCY: Administrative Committee of the Federal Register.
ACTION: Final rule.
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SUMMARY: The Administrative Committee of the Federal Register, with the
approval of the Attorney General, is updating its regulations for the
Federal Register system to clarify that there is no requirement that
the United States Government Manual (Manual) be published and
distributed in a print edition. This document also eliminates the
requirement to make print copies available to officials of the United
States government without charge. The general public and United States
government officials will continue to have free access to a redesigned
online version of the Manual. Printed copies of the Manual may still be
issued and would be available from the U.S. Government Bookstore. This
action does not represent an increase in the burdens on agencies or the
public.
DATES: This rule is effective March 7, 2011.
ADDRESSES: Docket materials are available at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC
20001, 202-741-6030. Please contact the persons listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection of
docket materials. The Office of the Federal Register's official hours
of business are Monday through Friday, 8:45 a.m. to 5:15 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Amy P. Bunk, Director of Legal Affairs
and Policy, Office of the Federal Register, at [email protected],
or 202-741-6030.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On June 15th, 2010, the Secretary to the Administrative Committee
of the Federal Register (Administrative Committee) published a notice
of proposed rulemaking (NPRM) to update the Administrative Committee's
regulations to clarify that there is no requirement that United States
Government Manual (Manual) be published and distributed to the general
public and to officials of the Federal government in a print edition.
75 FR 33734. The NPRM also announced the development of a redesigned
and more up to date Manual that will be available on the Internet
through the Government Printing Office (GPO). Finally, it stated that
printed copies of the Manual may still be issued and would be available
from the U.S. Government Bookstore.
The Manual has been issued as a special edition of the Federal
Register since the publication was transferred to the Office of the
Federal Register from the Office of Government Reports within the
Bureau of Budget when that Office was abolished on June 30, 1948. The
first manual, the United States Government Organization Manual,
produced under the authority of regulations of the Administrative
Committee, was issued on August 4, 1949, and sold for $1.00 per copy.
Then, as now, this publication provides agencies the mechanism for
meeting the requirement of the Administrative Procedure Act to
separately state and publish in the Federal Register descriptions of
agency organization. 5 U.S.C. 552(a)(1)(A). Now known as the United
States Government Manual (Manual), it continued to be one of the
Government Printing Office's (GPO) ``best sellers'' until public demand
for print editions began to decline in favor of more current
information found on the Internet.
Discussion of Comments
We received two comments to the NPRM, the first from a law
librarian asking if Federal depository libraries would still have the
option of obtaining print copies of the Manual. While this rule makes
it clear that there is no requirement to print copies of the Manual,
the Office of the Federal Register (OFR) and the Government Printing
Office (GPO) still have the flexibility to produce a printed product
based on the strength of customer demand. In the near term, OFR/GPO
expect that there will be sufficient demand from individuals and
organizations to produce a print edition of the Manual that will
continue to be available to individual patrons and institutions,
through the U.S. Government Bookstore, and to libraries through the
Federal Depository Library Program. In the long term, the annual print
edition of the Manual may be discontinued entirely if customer demand
significantly decreases. If that happens, GPO will notify the Federal
depository libraries.
The second comment was submitted by a Congressional staffer who
stated that he liked the soft bound edition of the Manual because it
was useful as a quick reference. He also indicated that the current
online version of the Manual could not be downloaded as a single PDF
file that includes bookmarks. Finally, he asked if any smart phone
applications related to the Manual were under development and suggested
that might be a means for GPO to generate revenue.
In its present form, as an annual-only publication, some agency
information published in the Manual is out of date as soon as
purchasers or federal officials receive their copy. Under the new
design, the Manual will be published and officially distributed as a
currently updated online database. The new online version of the Manual
will contain the same information as has appeared in the print edition.
OFR editors will continue to review all material submitted for
publication in the Manual to ensure the accuracy and integrity of the
Manual. The database structure of the new electronic version of the
Manual enables Federal agencies to submit updated information on an
ongoing basis, as new officials take office and agency programs undergo
changes. It will also enable the public and federal government
officials to easily download the Manual for storage on their computers
in an easy-to-use format. We believe that providing a currently updated
online version will be more useful and a better quick reference than
the annually updated print edition of the Manual.
[[Page 6312]]
As we stated in the NPRM, as long as the GPO continues to print
bound editions of the Manual, it will provide Federal agencies an
opportunity to order copies before printing at the rider rate. A rider
rate is available before the start of printing production and
represents the minimal cost of producing additional copies as a
continuation of the initial printing run. After production is complete,
Federal agencies and the public will be able to obtain copies from the
U.S. Government Bookstore.
The Administrative Committee is not aware of any applications for
smart phones currently under development. We hope that the new online
version of the Manual encourages both the public and private sectors to
develop applications using the information from the Manual. We believe
that providing this information in an updated online version meets the
administration's open government and transparency goals.
Changes to the Regulations
Under the Federal Register Act (44 U.S.C. Chapter 15), the
Administrative Committee of the Federal Register (Administrative
Committee), with the approval of the Attorney General, is responsible
for issuing regulations governing Federal Register publications. The
Administrative Committee has general authority under 44 U.S.C. 1506 to
determine the manner and form for publishing the Federal Register and
its special editions, including the Manual. This publication has been
issued as a special edition of the Federal Register since August 4,
1949 and continued to be one of the GPO's ``best sellers'' until public
demand for printed editions began to decline in favor of more current
information found on the Internet. The Government Printing Office
Electronic Information Access Enhancement Act of 1993 (44 U.S.C.
chapter 41) enabled the OFR/GPO partnership to develop an annual online
edition of the Manual in both text-only files and PDF files. It is now
possible to publish and officially distribute the Manual as an updated
online database, which represents a significant improvement over the
current online edition of the Manual, which is not regularly updated or
easy to navigate. In light of this improved technology and ease of
online access to an updated version of the Manual, and given the
decline in demand for the printed edition, the Administrative
Committee, with the approval of the Attorney General, is amending its
regulations to remove the requirement to publish an annual edition of
the Manual. A currently updated online database that can be viewed,
printed, or copied and stored on a user's computer will replace the
soft bound print edition of the Manual.
Title 1 part 9 of the Code of Federal Regulations regulates the
publication of the Manual. This rule revises part 9 by removing the
requirement to publish an annual edition of the Manual (which is
currently issued as a soft bound copy) and making other non-substantive
changes to the formatting of the sections. It also makes non-
substantive formatting changes to Sec. 11.4 and substantive changes to
part 12 to remove Sec. 12.3. Under the FRA, the Administrative
Committee is responsible for setting the number of official use copies
of Federal Register publications that are distributed free of charge to
various offices within the Federal Government. See, 44 U.S.C. 1506(4).
To fulfill the requirements of the FRA, 1 CFR part 12, entitled
``Official Distribution within Federal Government,'' sets out the
number of official copies of Federal Register publications that various
Federal government entities are entitled to receive. Specifically,
Sec. 12.3 addresses the number of printed copies of the Manual
available to Federal entities without charge. Because the Manual has
been published in a print edition that may not adequately serve the
needs of Federal officials, the OFR is publishing an online version
that is continually updated throughout the year, available free of
charge. The Administrative Committee believes that publishing the
Manual in a free, electronic-only format to Federal officials for their
official use constitutes the distribution of a Federal Register
publication for official use without charge, as referred to in the FRA.
Thus, the final rule removes Sec. 12.3. These changes to parts 9, 11
and 12 will not expand any regulated community or impose any additional
regulatory burden on the public.
Regulatory Analysis
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
Executive Order 12866
This rule has been drafted in accordance with Executive Order
12866, section 1(b), ``Principles of Regulation.'' The Administrative
Committee has determined that this rule is not a significant regulatory
action as defined under section 3(f) of Executive Order 12866. The rule
has not been submitted to the Office of Management and Budget under
section 6(a)(3)(E) of Executive Order 12866.
Regulatory Flexibility Act
This rule will not have a significant impact on small entities
since it imposes no requirements. Members of the public can access
Federal Register publications free through GPO's Web site.
Federalism
This rule has no federalism implications under Executive Order
13132. It does not impose compliance costs on state or local
governments or preempt state law.
Congressional Review
This rule is not a major rule as defined by 5 U.S.C. 804(2). The
Administrative Committee will submit a rule report, including a copy of
this rule, 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
1 CFR Part 9
Government publications, United States Government Manual.
1 CFR Part 11
Code of Federal Regulations, Federal Register, Government
publications, Public Papers of Presidents of United States, United
States Government Manual, Daily Compilation of.
1 CFR Part 12
Code of Federal Regulations, Federal Register, Government
publications, Public Papers of Presidents of United States, United
States Government Manual, Daily Compilation of.
For the reasons discussed in the preamble, under the authority at
44 U.S.C. 1506 and 1510, the Administrative Committee of the Federal
Register, amends parts 9, 11, and 12 of chapter I of title 1 of the
Code of Federal Regulations as set forth below:
0
1. Revise part 9 to read as follows:
PART 9--THE UNITED STATES GOVERNMENT MANUAL
Sec.
9.1 Publication required.
9.2 Scope.
Authority: 5 U.S.C. 552; 44 U.S.C. 1506; sec. 6, E.O. 10530, 19
FR 2709; 3 CFR, 1954-1958 Comp., p. 189.
[[Page 6313]]
Sec. 9.1 Publication required.
(a) The Director publishes a special edition of the Federal
Register called ``The United States Government Manual'' as authorized
by the Administrative Committee.
(b) The Director may update the Manual when such supplementation is
considered to be in the public interest.
Sec. 9.2 Scope.
(a) The Manual will contain appropriate information about the
Executive, Legislative, and Judicial branches of the Federal
Government, which for the major Executive agencies will include--
(1) Descriptions of the agency's legal authorities, public
purposes, programs, and functions;
(2) Established places and methods whereby the public may obtain
information and make submittals or requests; and
(3) Lists of officials heading major operating units.
(b) The Manual will also contain brief information about quasi-
official agencies and supplemental information that, in the opinion of
the Director, is of enough public interest to warrant.
PART 11--[AMENDED]
0
2. 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
3. Revise Sec. 11.4 as follows:
Sec. 11.4 The United States Government Manual.
(a) The online edition of the Manual, issued under the authority of
the Administrative Committee, is available through the Government
Printing Office's Web site.
(b) Copies of a bound, paper edition of the Manual may be sold at a
price determined by the Superintendent of Documents under the general
direction of the Administrative Committee.
PART 12--[AMENDED]
0
4. The authority citation for part 12 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.
Sec. 12.3 [Removed]
0
5. Remove Sec. 12.3.
David S. Ferriero,
Chairman, Administrative Committee of the Federal Register.
William J. Boarman,
Member, Administrative Committee of the Federal Register.
Rosemary Hart,
Member, Administrative Committee of the Federal Register.
Eric H. Holder, Jr.,
Attorney General.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2011-2463 Filed 2-3-11; 8:45 am]
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