[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Pages 3950-3952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1334]



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Part VIII





Administrative Committee of the Federal Register





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1 CFR Parts 2, 10 and 11



Availability and Official Status of the Compilation of Presidential 
Documents; Final Rule

  Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / 
Rules and Regulations  

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ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER

1 CFR Parts 2, 10 and 11

[A.G. Order No. 3036-2009]


Availability and Official Status of the Compilation of 
Presidential Documents

AGENCY: Administrative Committee of the Federal Register.

ACTION: Final rule.

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SUMMARY: This final rule establishes a new official updated daily 
online-only publication entitled the ``Daily Compilation of 
Presidential Documents.'' The paper edition of the Weekly Compilation 
of Presidential Documents will no longer be issued. The annual edition 
of the Public Papers of the President will be based on the text of the 
Daily Compilation of Presidential Documents. The price for subscription 
to the Weekly Compilation of Presidential Documents has also been 
removed from the regulations, as this publication will no longer exist 
and the online Daily Compilation is available free of charge on the 
Internet. This rule also revises the regulatory text to make it more 
readable and consistent with plain language principles.

DATES: This final rule is effective January 20, 2009.

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 or the Federal eRulemaking Portal: http://www.regulations.gov. If at all possible, 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, or Allyson Fenton Christou, 
Attorney-Advisor, Legal Affairs and Policy, Office of the Federal 
Register at [email protected], or 202-741-6030.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Under the Federal Register Act (44 U.S.C. Chapter 15), the 
Administrative Committee of the Federal Register (ACFR) 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. The Administrative Committee, with the approval 
of the Acting Archivist and the Attorney General, is amending its 
regulations in 1 CFR parts 2, 10, and 11 to discontinue one of the 
special edition publications, the Weekly Compilation of Presidential 
Documents (Weekly Compilation) and to establish a new updated daily 
online-only publication called the Daily Compilation of Presidential 
Documents (Daily Compilation).
    In 1965 President Johnson, concerned that his appointed officials 
speak with a united voice, recommended that a new publication be 
developed to contain the statements, messages, and other Presidential 
materials released by the White House. In response, the ACFR approved, 
and the Office of the Federal Register commenced publication of the 
Weekly Compilation of Presidential Documents on August 2, 1965. During 
the Carter Administration the Office established a direct link between 
the Weekly Compilation and the Public Papers of the Presidents (Public 
Papers) series: The volumes of Public Papers became compilations of the 
weekly series. Encompassing approximately a six-month time period, each 
volume of the Public Papers contained the material in the weekly 
compilations with appropriate emendations and additions, rather than a 
set of selected papers edited separately.
    The Weekly Compilation is an official serial publication of 
Presidential documents. Office of the Federal Register (OFR) editors 
review all material submitted for publication in the Weekly Compilation 
to assure the accuracy and integrity of the publication. The Weekly 
Compilation contains Presidential statements, memoranda, messages to 
Congress and federal agencies, speeches and other remarks released by 
the White House. The Weekly Compilation is mailed via United States 
Post Office bulk rate postage to approximately 155 subscribers the week 
after the events occurred. This means that by the time the subscribers 
receive their copy of this publication the events discussed happened at 
least two weeks before its receipt. These subscribers can obtain much 
of the same information from other sources, but without the guaranty of 
accuracy and integrity provided by the OFR editors.
    The Government Printing Office Electronic Information Access 
Enhancement Act of 1993 (GPO Access), 44 U.S.C. 4101, provided 
additional authority for the Administrative Committee to expand public 
access to Federal Register publications, beginning with the 
inauguration of online Federal Register service on June 8, 1994.
    In 1997, the OFR/GPO partnership developed a pilot for an online 
edition of the Weekly Compilation. Like the online Code of Federal 
Regulations, the online edition of the Weekly Compilation includes 
text-only files and PDF files. The files begin with documents from 
January 1993 through the present. The Weekly Compilation of 
Presidential Documents became officially recognized in 2000. This rule 
discontinues the print publication of the Weekly Compilation of 
Presidential Documents and establishes a new official online-only 
publication, the Daily Compilation of Presidential Documents. All prior 
Weekly Compilation editions will remain permanently available through 
the GPO Web site, and that search and retrieval capability will be 
integrated with Daily Compilation items to ensure ease of access for 
the public.
    Budgetary restraints require cost-cutting measures, including the 
discontinuation of the softbound print edition of the Weekly 
Compilation. The new Daily Compilation of Presidential Documents will 
contain the same information contained in the Weekly Compilation: 
Presidential statements, memoranda, messages to Congress and federal 
agencies, speeches, and other remarks released by the White House. OFR 
editors will continue to review all material submitted for publication 
in the Weekly Compilation to assure the accuracy and integrity of the 
publication. This new publication will not expand any regulated 
community or impose any additional regulatory burden. Readers will be 
able to download and print the Daily Compilation. This new publication 
will be permanently stored online via the GPO. The new daily 
publication will increase access to Presidential documents and allow 
for its more frequent updating.
    This final rule revises the title of Subpart A from ``Weekly 
Publication'' to ``Regular Publication'' to allow for the regular, 
daily online publication of the Daily Compilation of Presidential 
Documents. This rule also changes the title of the Compilation from the 
``Weekly Compilation of Presidential Documents'' to the ``Daily 
Compilation of Presidential Documents'' in section 10.1. The format of 
the publication is specified in section 10.3, explaining that the Daily 
Compilation of Presidential Documents will be published online through 
the Government Printing Office's (GPO's) online access system.

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The annual publication of the Public Papers of the Presidents of the 
United States will continue to be published in paper. Section 10.11 
specifies that the text of the Public Papers will consist of the 
documents included in the Daily Compilation of Presidential Documents. 
The provision regarding the price of a subscription to the Weekly 
Compilation of Presidential Documents is removed as the Weekly 
Compilation is being replaced by the Daily Compilation, which can be 
accessed on the Internet free of charge. The title of the Compilation 
is also updated in section 2.5(c). The affected sections are also 
slightly reorganized to create a structure consistent with plain 
language requirements.
    Customers who need assistance or wish to submit suggestions for 
improving online Federal Register publications are referred to the GPO 
Access User Support Team. GPO provides information on free public 
access to the online editions of Federal Register publications on the 
GPO Access service via: [email protected]; Phone: 1-866-512-1800 
(toll-free); 202-512-1800 (DC Area); Fax: 202-512-2104; GPO's Federal 
Register World Wide Web site at http://www.gpoaccess.gov/wcomp/index.html, or see the National Archives and Records Administration's 
Federal Register Web site at: http://www.federalregister.gov/. Federal 
depository libraries (for the location of the nearest depository 
library, call the telephone numbers listed above or access the 
information online at http://www.access.gpo.gov/sudocs/libpro.html).

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.

Administrative Procedure Act

    The Administrative Committee has determined that the Administrative 
Procedure Act's (APA) requirements for notice and comment and a 30-day 
delay in the effective date are unnecessary under the good cause 
exception of 5 U.S.C. 553(b)(B) and (d)(3). This rule is not a 
substantive rule that materially affects the rights or obligations of 
any person. Moreover, this change would not affect documents with legal 
effect. Executive Orders will still publish in the Federal Register 
both online and in hard copy. There are no notice and comment 
requirements for any of the documents published in the Weekly 
Compilation of Presidential Documents.
    In addition, this rule merely pertains to the form that the Federal 
Register uses to publish certain presidential documents, not the nature 
and quantity of the documents to be published. As mentioned earlier in 
this preamble, the discontinuation of the softbound print edition of 
the Weekly Compilation of Presidential Documents is a result of 
budgetary restraints, but changing to an online Compilation will not 
decrease the availability of these documents; indeed, providing an 
online version will increase availability to the general public. The 
online Compilation will not expand any regulated community or impose 
any additional regulatory burden. Indeed, the online publication of the 
Compilation will increase access to Presidential documents and allow 
for more frequent updating. The online-only publication will be 
permanently maintained on the GPO Web site as an official publication 
of the ACFR. Currently, there are approximately 155 subscribers to the 
Weekly Compilation of Presidential Documents. The vast majority of 
subscribers to the Weekly Compilation are libraries and other public 
and private institutions with Internet access. There are approximately 
twelve individual subscribers to the softbound print edition of the 
Weekly Compilation. These individuals and other members of the public 
can access the Daily Compilation online through free Internet access at 
federal depository libraries and many other public libraries.
    Finally, the new form for publishing these presidential documents 
will result in more timely publication, to a vastly larger audience. 
Currently, the Weekly Compilation of Presidential Documents is mailed 
via United States Post Office bulk rate postage to approximately 155 
subscribers the week after the events occurred. This means that by the 
time the subscribers receive their copy of this publication the events 
discussed happened at least 2 weeks before its receipt. Therefore, the 
conversion to an online Daily Compilation actually decreases the amount 
of time between paper publication and access by the public.
    For these reasons, the Committee also believes that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register under 5 U.S.C. 553 (b)(B) and 
(d)(3).

Executive Order 12866

    The final rule has been drafted in accordance with Executive Order 
12866, section 1(b), ``Principles of Regulation.'' The ACFR has 
determined that this final 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 through the free GPO Access service over 
the Internet.

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 final 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 2

    Federal Register publications, Government publications, 
Organization and functions (Government agencies).

1 CFR Part 10

    Government publications, Presidential documents, Public Papers of 
the Presidents of the United States, Daily Compilation of Presidential 
Documents.

1 CFR Part 11

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


0
For the reasons discussed in the preamble, the Administrative Committee 
of the Federal Register, with the approval of the Acting Archivist of 
the United States and the Attorney General, amends parts 2, 10, and 11 
of chapter I of title 1 of the Code of Federal Regulations as set forth 
below:

PART 2--GENERAL INFORMATION

0
1. The authority citation for part 2 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; 1 U.S.C. 112; 1 U.S.C. 113.


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0
2. Amend Sec.  2.5 by revising paragraph (c) to read as follows:


Sec.  2.5  Publication of statutes, regulations and related documents.

* * * * *
    (c) Based on source materials that are officially related to the 
acts and documents filed under paragraph (a) of this section, the 
Office also publishes ``The United States Government Manual,'' the 
``Public Papers of the Presidents of the United States,'' the ``Daily 
Compilation of Presidential Documents,'' the ``Federal Register 
Index,'' and the ``LSA (List of CFR Sections Affected).''

PART 10--PRESIDENTIAL PAPERS

0
1. The authority citation for part 10 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. Revise the heading of Subpart A to read as follows:

Subpart A--Regular Publication

0
3. Revise Sec.  10.1 to read as follows:


Sec.  10.1  Publication required.

    The Director publishes a special edition of the Federal Register 
compiling recent presidential documents, called ``The Daily Compilation 
of Presidential Documents.''

0
4. Amend Sec.  10.2 by revising paragraph (a) introductory text to read 
as follows:


Sec.  10.2  Scope and sources.

    (a) The text of the publication consists of oral statements by the 
President or of writing subscribed by the President, and selected from 
transcripts or text issued by the Office of the White House Press 
Secretary, including--
* * * * *

0
5. Revise Sec.  10.3 to read as follows:


Sec.  10.3  Format.

    The Daily Compilation of Presidential Documents is published online 
on the Government Printing Office access system.

0
6. Revise Sec.  10.11 to read as follows:


Sec.  10.11  Scope and sources.

    The basic text of the Public Papers consists of the documents 
compiled under subpart A of this part.

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.


Sec.  11.6  [Reserved].

0
2. Remove and reserve Sec.  11.6.

    Dated: January 13, 2009.
Adrienne Thomas,
Acting Chairperson, Administrative Committee of the Federal Register.
    Dated: January 13, 2009.
Robert C. Tapella,
Member, Administrative Committee of the Federal Register.
    Dated: January 13, 2009.
Rosemary Hart,
Member, Administrative Committee of the Federal Register.
    Dated: January 13, 2009.
Michael B. Mukasey,
Attorney General.
    Dated: January 13, 2009.
Adrienne Thomas,
Acting Archivist of the United States.
[FR Doc. E9-1334 Filed 1-16-09; 8:45 am]
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