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[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Rules and Regulations]
[Pages 6311-6313]
From the Federal Register Online via the Government Printing 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 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.

[[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]
BILLING CODE 1505-02-P
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