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.

Rules and Regulations Federal Register

6311 

Vol. 76, No. 24 

Friday, February 4, 2011 

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. 

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 Fedreg.legal@nara.gov, 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. 


jdjones on DSK8KYBLC1PROD with RULES
6312 Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Rules and Regulations 

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 § 11.4 and 

substantive changes to part 12 to remove 

§ 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, § 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 

§ 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: 

■ 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. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Rules and Regulations 6313 

§ 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. 

§ 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] 

■ 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. 

■ 3. Revise § 11.4 as follows: 

§ 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] 

■ 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. 

§ 12.3 [Removed] 

■ 5. Remove § 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] 

BILLING CODE 1505–02–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1429 

RIN 0560–AI02 

Asparagus Revenue Market Loss 

Assistance Payment Program 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements the 

Asparagus Revenue Market Loss 

Assistance Payment (ALAP) Program 

authorized by the Food, Conservation 

and Energy Act of 2008 (the 2008 Farm 

Bill). The ALAP Program will 

compensate domestic asparagus 

producers for marketing losses resulting 

from imports during the 2004 through 

2007 crop years. Payments will be 

calculated based on 2003 crop 

production. Through the ALAP 

Program, CCC is authorized to provide 

up to $15 million in direct payments to 

asparagus producers. This rule specifies 

eligibility requirements, payment 

application procedures, and the method 

for calculating individual payments. 

DATES: Effective date: February 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Danielle Cooke, Program Manager, Farm 

Service Agency (FSA), USDA; telephone 

(202) 720–1919. Persons with 

disabilities who require alternative 

means for communications (Braille, 

large print, audio tape, etc.) should 

contact the USDA Target Center at (202) 

720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

During the 2004 through 2007 crop 

years, a substantial increase in 

asparagus imports to the United States 

resulted in reduced domestic 

production, reduced U.S. market share 

for domestic producers, and reduced 

market prices for both fresh and 

processed asparagus in the United 

States. Section 10404 of the 2008 Farm 

Bill (Pub. L. 110–246) directs the 

Secretary of Agriculture to ‘‘make 

payments to producers of the 2007 crop 

of asparagus for market loss resulting 

from imports during the 2004 through 

2007 crop years.’’ A total of $15 million 

of Commodity Credit Corporation (CCC) 

funds are authorized for payments, with 

an allocation of $7.5 million of those 

funds for payments for asparagus 

marketed as fresh, and $7.5 million for 

payments for processed asparagus. 

The ALAP Program payment rates are 

based on CCC’s estimate of the 

reduction in asparagus farm revenue per 

pound for the 2004 through 2007 crop 

years in the two marketing categories, 

fresh and processed. The payment 

quantity for a producer will be the 

quantity of the 2003 crop of asparagus 

produced on a farm, which is used as 

the ‘‘baseline’’ production amount before 

the losses in 2004 through 2007 

occurred. Producers must have 

produced asparagus in both 2003 and 

2007 to be eligible for this program. If 

applications exceed the available 

funding, the payment rates will be 

adjusted downward to remain within 

the available funding for each marketing 

category. 

CCC published a proposed rule on 

July 16, 2010 (75 FR 41397–41404), with 

a 60-day comment period which ended 

on September 14, 2010. The proposed 

rule proposed eligibility requirements, 

payment application procedures, and 

the method for calculating ALAP 

Program payments. This final rule 

addresses the comments received on the 

proposed rule; minor revisions were 

made to address the comments. 

The ALAP Program is a CCC program 

that will be administered by FSA. The 

ALAP Program provides a one-time 

payment to asparagus producers. The 

ALAP Program regulations are specified 

in 7 CFR part 1429, which is a new part. 

Discussion of Comments 

FSA received six comments on the 

proposed rule. The comments were from 

individual producers, a State advisory 

board, and a State asparagus 

commission. The comments generally 

supported the goals of the ALAP 

Program. Some comments suggested 

changes to the eligibility provisions. 

The following provides a summary of 

the comments that suggested specific 

changes to the regulations in the 

proposed rule, and FSA’s response, 


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