[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Proposed Rules]
[Pages 70191-70193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31145]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 242 / Wednesday, December 17, 2003 / 
Proposed Rules  

[[Page 70191]]



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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Administrative Committee of the Federal Register (ACFR) 
proposes increases in the prices charged for the paper and microfiche 
editions of Federal Register publications. The price changes would 
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: Comment will be accepted through January 16, 2004.

ADDRESSES: You may submit comments by any of the following methods:
    [sbull] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [sbull] E-mail: [email protected].
    [sbull] Fax: 202-741-6026.
    [sbull] Mail: Office of the Federal Register (NF), National 
Archives and Records Administration, 700 Pennsylvania Ave., Washington, 
DC 20408.
    [sbull] Hand Delivery/Courier: Office of the Federal Register, 800 
North Capitol St., NW., Suite 700, Washington, DC 20002.
    Instructions: All comments received will be posted on a National 
Archives and Records Administration (NARA)/Office of the Federal 
Register (OFR) Web page, including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
http://www.archives.gov/federal_register/acfr/docket.html.

FOR FURTHER INFORMATION CONTACT: Michael White at 202-741-6025, or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the Federal Register Act (44 U.S.C. Chapter 15), the 
Administrative Committee of the Federal Register is responsible for 
establishing the prices charged for Federal Register publications. The 
Administrative Committee must set prices 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 to operate the program 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 ACFR and GPO's Superintendent of Documents may not 
operate the Federal Register sales program 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 proposed 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 proposed 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

[[Page 70192]]

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. The Administrative Committee believes these 
efforts will help minimize the need to raise prices of Federal Register 
publications in the future.
    Based on all the information available, the Administrative 
Committee has determined that it should make price adjustments to 
certain publications to accurately reflect the current costs of 
production and distribution, and thereby avoid running a deficit. If 
the proposed prices are adopted, the Administrative Committee projects 
that the Federal Register program will achieve full cost recovery. In 
the current ACFR price regulations, the stated prices include postage. 
In this proposed rule, the Administrative Committee has decided to 
exclude postage from the stated prices, except for single issues of 
certain editions, because postal rate making decisions and timing are 
entirely beyond the control of the Committee. If the proposed rule is 
adopted, 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, would continue to include postage because the cost of 
delivery is only a small component of the total cost.
    This proposed rule would increase 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 will increase slightly. In addition, the Administrative 
Committee would establish 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 proposed 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 will be necessary to increase the 
price of the paper Federal Register subscription by 21 per cent, and 
the price of the paper CFR subscription by 12 percent. The average 
increase for all paper Federal Register subscriptions amounts to 16 per 
cent. The overall price change for paper and microfiche editions 
combined amounts to a 14 per cent 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 proposed rule will 
affect subscribers of the paper and microfiche editions, the success of 
our online publications demonstrates that the Administrative Committee 
is fulfilling its mission to provide the broader public with essential 
information on the functions, actions, and regulatory requirements of 
the Federal government. The Administrative Committee is constantly 
engaged in efforts to improve the quality of our 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 Proposed Amendments

    The increased prices for Federal Register publications are 
reflected in proposed amendments to 1 CFR part 11. The following rates 
would be effective 30 days after issuance of a final rule. The annual 
subscription rate for the daily Federal Register paper edition would be 
$749. For a combined Federal Register, Federal Register Index and LSA 
(List of CFR Sections Affected) subscription, the price would be $808. 
The price of a single copy of the daily Federal Register would be 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, would be $165. The price of a single copy of the daily Federal 
Register microfiche edition would be $3. The annual price for the 
Federal Register Index would be $29. The annual subscription price for 
the monthly LSA would be $30. The annual subscription rate for a full 
set of CFR volumes would be $1,019 for the paper edition and $247 for 
the microfiche edition. The price of a single volume of the CFR 
microfiche edition would be $4. The annual Subscription rate for the 
Weekly Compilation of Presidential Documents would be $113. The price 
of a single copy of the Weekly Compilation of Presidential Documents 
would be $5.

Regulatory Analyses

Executive Order 12866

    The proposed rule has been drafted in accordance with Executive 
Order 12866, section 1(b), ``Principles of Regulation.'' The 
Administrative Committee has determined that this proposed rule 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 proposed rule would not have a significant impact on small 
entities because it would not impose any substantive requirements, and 
any increased costs could 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

[[Page 70193]]

free use of computers for access to the online editions.

Federalism

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

List of Subjects in 1 CFR Part 11

    Code of Federal Regulations, Federal Register, Government 
publications, Weekly Compilation of Presidential Documents.

    For the reasons discussed in the preamble, the Administrative 
Committee of the Federal Register proposes to amend part 11 of chapter 
1 of title 1 of the Code of Federal Regulations as set forth below:

PART 11--SUBSCRIPTIONS

    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.

    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.
* * * * *
    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.
* * * * *
    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.
* * * * *
    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.
    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.

    By order of the Committee.
    Dated: December 12, 2003.
Raymond A. Mosley,
Secretary, Administrative Committee of the Federal Register.
[FR Doc. 03-31145 Filed 12-16-03; 8:45 am]
BILLING CODE 1505-02-P