[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 79999-80002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28232]



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 Rules and Regulations
                                                 Federal Register
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 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.
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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 87 , No. 249 / Thursday, December 29, 2022 / 
Rules and Regulations  

[[Page 79999]]



ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER

1 CFR Parts 2, 5, 8, 10, 11 and 12

[Docket OFR-2022-0001]


Discontinuation of Public Papers of the Presidents Book Series 
and Removal of Microfiche as Official Format of the Federal Register 
and Code of Federal Regulations

AGENCY: Administrative Committee of the Federal Register.

ACTION: Final rule; request for comment.

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

SUMMARY: This final rule with request for comment discontinues the 
Public Papers of the Presidents of the United States (``Public 
Papers''), an annual print edition of certain presidential documents. 
The Public Papers annual print edition is based on the text of the 
Daily Compilation of Presidential Documents, which is a daily online-
only publication that will remain available free of charge on the 
internet. This rule also removes microfiche as an official format of 
the Federal Register and Code of Federal Regulations. Finally, the rule 
updates the relevant regulations to reflect the current location of the 
online formats of these publications and the current physical address 
of the Office of the Federal Register.

DATES: This final rule is effective December 29, 2022. Comments must be 
submitted by January 30, 2023 to be considered.

ADDRESSES: You may send comments, identified by OFR-2022-0001, by any 
of the following methods:
     Federal eRulemaking Portal: www.Regulations.gov. Go to 
Regulations.gov, search for OFR-2022-0001, and locate this document 
from the ``Documents'' tab or go to www.regulations.gov/docket/OFR-2022-0001/document and locate this document in the docket.
     Email: [email protected]. Include OFR-2022-0001 in the 
subject line of the message.

FOR FURTHER INFORMATION CONTACT: Katerina Horska, Director of Legal 
Affairs and Policy, Office of the Federal Register, or Miriam Vincent, 
Staff Attorney, Legal Affairs and Policy, Office of the Federal 
Register at [email protected], or 202-741-6030.

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose

    Under the Federal Register Act (44 U.S.C. chapter 15), the 
Administrative Committee of the Federal Register (``Administrative 
Committee'' or ``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 is also responsible for regulations governing 
the Code of Federal Regulations (``CFR''). 44 U.S.C. 1510. Regulations 
promulgated by the ACFR under sections 1506 and 1510 are subject to 
approval by the President, who has delegated approval authority to the 
Attorney General and the Archivist of the United States. E.O. 10530, 
sec. 6(b), 3 CFR part 189 (1954); see also 3 U.S.C 301 note. The 
Administrative Committee, with the approval of the Acting Archivist and 
the Attorney General, is amending its regulations in 1 CFR parts 2, 5, 
8, 10, 11, and 12 to discontinue one of the Federal Register special 
edition publications, the Public Papers of the Presidents of the United 
States (``Public Papers'') series, and to remove microfiche as an 
official format of the Federal Register and CFR. This rule also updates 
the physical address of the Office of the Federal Register (``OFR'').

A. Discontinuation of the Public Papers

    The Public Papers is a special edition of the Federal Register, see 
1 CFR 10.10, that is compiled and issued by the OFR. The publication 
started in 1957 in response to a recommendation of the National 
Historical Publications Commission.\1\ The Public Papers initially 
contained the compilation of the weekly series of Presidential 
documents, the Weekly Compilation of Presidential Documents (``Weekly 
Compilation''). In 2009, the Administrative Committee discontinued the 
Weekly Compilation, replacing it with the Daily Compilation of 
Presidential Documents (``Daily Compilation''). See Availability and 
Official Status of the Compilation of Presidential Documents, 74 FR 
3950, 3952 (Jan. 21, 2009). The Daily Compilation is a daily, online-
only collection of the official publication of materials released by 
the White House Press Secretary. See 1 CFR 10.2, 10.3. It is available 
free of charge to the public. During the Carter Administration, the 
Public Papers became a compilation of the already compiled Weekly 
Compilation documents instead of a set of individually selected and 
curated papers. With the January 2009 change from the Weekly 
Compilation to the Daily Compilation, the Public Papers switched from 
compiling the Weekly Compilations from a particular time period to 
compiling the Daily Compilations from the same time period. 74 FR at 
3950; see also 1 CFR 10.11, 10.12. Volumes of the Public Papers are 
generally published twice a year as physical, hard-bound books, with 
each volume spanning approximately a six-month period; the National 
Archives and Records Administration's Office of Presidential Libraries, 
in partnership with the OFR, created electronic copies of the published 
volumes for online access.\2\
    Currently, the Public Papers have limited reach; most of the 
materials are accessed online through the Daily Compilation. As of 
2022, the Government Publishing Office (``GPO'') sells only 
approximately 13 to 20 copies of each volume. Discontinuing the Public 
Papers will not change the nature or quantity of presidential materials 
that are published; instead, it will change only the format of those 
materials. The materials will remain available to any person or entity 
that is interested in them because all presidential documents, 
including transcripts of speeches and other spoken remarks and 
photographs contained in the Public Papers, are already published 
elsewhere--including in the Daily Compilation--in readily accessible 
formats. The Daily Compilation is also more timely; it is usually 
available within a few days of an event featuring the President, 
whereas the Public Papers, as a result of their lengthy production 
process, are available, at the soonest, months after the fact.

[[Page 80000]]

    The discontinuation of the printed volumes would save government 
resources in production and publication, and the Daily Compilation 
would continue to provide public access to the same material. 
Therefore, this change will have no significant impact on the material 
that itself is included in the Public Papers. For these reasons, the 
Administrative Committee is discontinuing production of the Public 
Papers.

B. Removal of Microfiche as Official Format

    Currently, the Administrative Committee regulations require that 
GPO produce the Federal Register and CFR in three formats: in paper, in 
microfiche, and in Portable Document Format (``PDF'') through GPO's 
GovInfo website (www.govinfo.gov). 1 CFR 5.10, 8.6.\3\ Microfiche is a 
format consisting of a flat sheet of film on which writing or other 
information is stored and which can be accessed using a microfiche 
reader. Material stored in microfiche cannot be searched by keyword 
unless the material is separately digitized after the production of the 
microfiche itself. Because of (1) the widespread availability of more 
easily searchable online editions of the Federal Register and the CFR 
via GovInfo, (2) the ready availability of endorsed but unofficial 
internet formats of these publications on FederalRegister.gov 
(www.federalregister.gov) and eCFR (www.ecfr.gov), and (3) the limited 
availability of microfiche readers, microfiche is now a little-used 
alternative format for accessing those publications. Currently, there 
are no non-Government subscribers to microfiche, compared to the 
millions of users of the online formats of the Federal Register and 
eCFR.
    On October 28, 2014, the Administrative Committee issued a Notice 
of Proposed Rulemaking (``omnibus NPRM''), which proposed to remove the 
list of official formats from the CFR and replace the list with 
regulations that describe in detail the factors the ACFR uses to 
determine which formats will be official. Revision of Regulations, 79 
FR 64133, 64134. In response to the proposed rule, two commenters 
expressed concern that removing the explicit identification of certain 
formats as official will impact the public by leading to 
discontinuation of the formats on which the public relies. These 
commenters believed that it is important that the ACFR learn about 
users' needs before removing microfiche as an official format. The 
Administrative Committee understands these commenters' concerns and 
asked GPO to provide the subscription numbers for microfiche formats of 
the Federal Register and CFR. As of September 6, 2022, there were no 
agencies receiving microfiche Federal Register subscriptions and only 
five agencies receiving five copies of the CFR in the microfiche 
format. Also, although some Federal depository libraries (``FDLs'') 
received microfiche subscriptions in past years, all FDLs, by September 
6, 2022, had discontinued their subscriptions to microfiche. Thus, the 
only microfiche subscribers at present are five Federal Government 
agencies for five copies of the CFR.
    Additionally, of the more than 9,000 contractors that GPO works 
with, there is only one contractor that submitted bids for the creation 
of microfiche products in recent years. GPO therefore has difficulty 
finding multiple bidders when it attempts to contract for the 
publication of the microfiche formats of the Federal Register and CFR.
    The limited number of subscribers, the scarcity of contractors 
continuing to produce microfiche, and the inability to actively search 
within this format (in contrast to online formats), demonstrate that 
the microfiche format is obsolete. Given the lack of microfiche use and 
the widespread availability of the Federal Register and CFR in other 
formats, removing microfiche as an official format will have no 
significant impact on the availability of material published in the 
Federal Register and CFR, and retaining that format would offer no 
benefit. The costs and administrative burden of maintaining the 
microfiche format are accordingly unjustified, and the Administrative 
Committee is removing microfiche as an official format of the Federal 
Register and the CFR.

II. Comments Requested

    The ACFR welcomes comments related to any of the changes finalized 
in this rule and will consider these comments in making any future 
regulatory changes regarding the topics being currently addressed. If 
relevant, substantive adverse comments are received, the Administrative 
Committee may respond by publishing a supplemental final rule, 
addressing the comments in the final rule stemming from the omnibus 
NPRM, or initiating a new rulemaking.

III. Regulatory Analysis

    The Administrative Committee developed this rule after considering 
numerous statutes and executive orders related to rulemaking. Below is 
a summary of the Administrative Committee's determinations after 
analysis of these statutes and executive orders.

A. Administrative Procedure Act (``APA'')

    The Administrative Committee has determined that notice and comment 
and a delay in the effective date of this rule are unnecessary under 
the exceptions to these requirements for ``good cause.'' The APA 
provides that notice and comment are unnecessary ``when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefor in the rules issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(B). Similarly, a delay in the effective 
date is not required when the agency finds ``good cause'' for 
dispensing with the delay and publishes that finding with the rule. 5 
U.S.C. 553(d)(3).
    The ``unnecessary'' prong of the good cause exception applies 
``when an administrative rule is a routine determination, insignificant 
in nature and impact, and inconsequential to the industry and to the 
public.'' N. Carolina Growers' Ass'n, Inc. v. United Farm Workers, 702 
F.3d 755, 766 (4th Cir. 2012) (quotation marks omitted). ``Congress 
intended that rule making be exempted as unnecessary when amendments 
are minor or merely technical, and of little public interest.'' Id. 
(quotation marks omitted). Rules qualify for the good cause exception 
under the ``unnecessary'' prong when the agency is issuing ``a minor 
rule or amendment in which the public is not particularly interested.'' 
Id. at 466-67 (quotation marks omitted); see also Util. Solid Waste 
Activities Grp. v. E.P.A., 236 F.3d 749, 755 (D.C. Cir. 2001) 
(similar).
    The ``unnecessary'' prong of the good cause exception applies to 
the discontinuation of the Public Papers because that discontinuation 
is inconsequential to any potentially affected industry and to the 
public at large. Discontinuing the Public Papers will not change the 
nature or quantity of presidential documents that are published; 
instead, it will simply change the format of those documents. The 
documents will remain available to any person or entity that is 
interested in them because all documents contained in the Public Papers 
are already published elsewhere in readily accessible formats. The 
discontinuation accordingly will have an ``insignificant . . . impact'' 
on any member of the public. See N. Carolina Growers' Ass'n, 702 F.3d 
at 766.

[[Page 80001]]

    For similar reasons, the ``unnecessary'' prong of the good cause 
exception applies to the removal of microfiche as an official format of 
the Federal Register and CFR; this removal is inconsequential to any 
potentially affected industry and to the public at large. All documents 
currently published in microfiche will remain available in other, 
easily accessible formats, such as the online and hard-copy formats of 
the Federal Register and CFR. The only subscribers to the microfiche 
format are a handful of Federal agencies. No individuals or 
institutions (whether part of the FDL network or otherwise) are 
receiving microfiche for their personal use or for library collections. 
The ACFR acknowledges that, in 2014, two comments on the omnibus NPRM 
suggested that members of the public still use microfiche, but now, 
eight years later,\4\ zero individual members of the public subscribe 
to that format. Moreover, to the extent that members of the public 
might have once relied on microfiche formats accessible through FDLs, 
the fact that all FDLs have discontinued their microfiche subscriptions 
indicates that microfiche is no longer relevant to the public. Indeed, 
any member of the public who relied on an FDL to access the Federal 
Register or CFR through microfiche could use that same FDL's computer 
resources to access these publications' online formats. Finally, the 
scarcity of contractors available to create the microfiche format 
underscores the extent to which the public and members of the printing 
industry have moved beyond microfiche. The ACFR accordingly believes 
that the good cause exception applies to this rule because the rule is 
``inconsequential to the industry and to the public.'' N. Carolina 
Growers' Ass'n, Inc., 702 F.3d at 766.
    The Administrative Committee also believes that good cause exists 
for making this rule effective without a 30-day delay from the date of 
publication in the Federal Register. The 30-day waiting period ``is 
intended to give affected parties time to adjust their behavior before 
the final rule takes effect.'' Riverbend Farms, Inc. v. Madigan, 958 
F.2d 1479, 1485 (9th Cir. 1992). Here, members of the public will not 
need time to adjust their behavior because all of the information and 
documents contained in the Public Papers, the Federal Register, and the 
CFR are either already available online or are published online almost 
immediately after their production. Thus, even in the absence of a 
delay in the date of this rule, members of the public will experience 
no interruption in their access to government information and 
documents.
    Although the good cause exception applies to this rule, the ACFR 
welcomes comments from interested persons on all matters related to the 
final rule. The ACFR will consider these comments in making any future 
regulatory changes regarding the topics addressed in this rulemaking.

B. Executive Order 12866 and 13563

    The final rule has been drafted in accordance with the principles 
of section 1(b) of Executive Order 12866 (Principles of Regulation), 
and Executive Order 13563 (Improving Regulation and Regulatory Review). 
The Administrative Committee has determined that this final rule is not 
a significant regulatory action, as defined under section 3(f) of 
Executive Order 12866. Because the Office of Management and Budget did 
not review this rule under section 6(b) of Executive Order 12866, the 
ACFR need not publish any information under section 6(a)(3)(E) of that 
order.

C. Regulatory Flexibility Act

    The Administrative Committee certifies that this rule will not have 
a significant economic impact on a substantial number of small 
entities. This rule imposes no requirements on small entities. Also, as 
described above, only a single contractor submitted bids for the 
production of microfiche products to GPO in recent years. Thus, even 
assuming the contractor in question qualifies as a small entity, and 
even assuming that removing microfiche as an official format would 
affect that entity, the rule will not have a significant economic 
impact on a ``substantial number'' of small entities. See 5 U.S.C. 
605(b). Finally, any member of the public, including persons employed 
by or representing small entities, can continue to access Federal 
Register publications for free through GPO's website, www.govinfo.gov.

D. Federalism

    This rule has no federalism implications under Executive Order 
13132 (Federalism). It does not impose compliance costs on State or 
local governments or preempt State law.

E. 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.
Endnotes:
\1\ Office of the Federal Register, Public Papers of the Presidents 
(last reviewed Nov. 15, 2022), https://www.archives.gov/federal-register/publications/presidential-papers.html.
\2\ Supra note 1. This rule discontinues the Public Papers as a 
whole, and the series will end with the Obama Administration. As of 
December 29, 2022, the Administrative Committee will not produce any 
new volumes in any format (in paper or online). Digital copies of 
existing volumes will remain available.
\3\ The regulations currently refer to GPO Access, a predecessor 
website of GovInfo. GPO developed GovInfo and its predecessor 
websites to implement GPO's mandate under 44 U.S.C. 4101(a) to 
``provide a system of online access to the Congressional Record, the 
Federal Register,'' and other documents. This rule amends sections 
5.10, 8.6, 11.2, and 11.3 of ACFR's regulations to reflect the name 
of the current website.
\4\ During these eight years, the Government has continued to make 
online access to its official publications easier for the public. 
See, e.g., Press Release, GPO to Retire the Federal Digital System 
website (Nov. 29, 2018) (describing the launch of the GovInfo 
website and the ``many enhancements'' it offered to help the public 
access documents from all three branches of the Federal Government).

List of Subjects

1 CFR Part 2

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

1 CFR Part 5

    Administrative practice and procedure, Federal Register 
publications, Government publications.

1 CFR Part 8

    Administrative practice and procedure, Code of Federal Regulations, 
Government publications.

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.

1 CFR Part 12

    Code of Federal Regulations, Compilation of Presidential Documents, 
Federal Register publications, Government publications, Public Papers 
of Presidents of U.S.


[[Page 80002]]


    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 1 CFR 
parts 2, 5, 8, 10, 11, and 12 as set forth below:

PART 2--[AMENDED]

0
1. The authority citation for part 2 is revised to read as follows:

    Authority: 44 U.S.C. 1506, 4101; sec. 6, E.O. 10530, 19 FR 2709; 
3 CFR, 1954-1958 Comp., p. 189; 1 U.S.C. 112, 113.


0
2. In Sec.  2.3, revise paragraph (b) to read as follows:


Sec.  2.3  Office of the Federal Register; location; office hours.

* * * * *
    (b) The office is located at 732 N. Capitol Street NW, suite A-734, 
Washington, DC.
* * * * *


Sec.  2.5  [Amended]

0
3. In Sec.  2.5(c), remove the text ``the ``Public Papers of the 
Presidents of the United States,'' ''.

PART 5--[AMENDED]

0
4. The authority citation for part 5 is revised to read as follows:

    Authority: 44 U.S.C. 1506, 4101; sec. 6, E.O. 10530, 19 FR 2709; 
3 CFR, 1954-1958 Comp., p. 189.


Sec.  5.10  [AMENDED]

0
5. In Sec.  5.10, remove the text ``the following formats: paper; 
microfiche; and online on GPO Access'' and add, in its place, the text 
``paper and online on www.govinfo.gov''.

PART 8--[AMENDED]

0
6. The authority citation for part 8 is revised to read as follows:

    Authority: 44 U.S.C. 1506, 4101, 1510; sec. 6, E.O. 10530, 19 FR 
2709, 3 CFR, 1954-1958 Comp., p. 189.


Sec.  8.6  [Amended]

0
7. Amend Sec.  8.6 as follows:
0
a. Remove paragraph (a)(2);
0
b. Redesignate paragraph (a)(3) as paragraph (a)(2);
0
c. In newly redesignated paragraph (a)(2), remove the text ``GPO 
Access'' and add, in its place, the text ``www.govinfo.gov''; and
0
d. In paragraph (b), remove the text ``, set requirements for 
microfiche images,''

PART 10--[AMENDED]

0
8. The authority citation for part 10 is revised to read as follows:

    Authority: 44 U.S.C. 1506, 4101; sec. 6, E.O. 10530, 19 FR 2709, 
3 CFR, 1954-1598 Comp., p. 189.

Subpart B--[Removed and Reserved]

0
9. Remove and reserve subpart B, consisting of Sec. Sec.  10.10 through 
10.13.

PART 11--[AMENDED]

0
10. The authority citation for part 11 is revised to read as follows:

    Authority: 44 U.S.C. 1506, 1510, 4101; sec. 6, E.O. 10530, 19 FR 
2709, 3 CFR, 1954-1958 Comp., p. 189.


Sec.  11.1  [Amended]

0
11. In Sec.  11.1, remove the words ``and microfiche editions'' and 
add, in their place, the word ``format''.

0
12. Revise Sec.  11.2 to read as follows:


Sec.  11.2  Federal Register.

    (a) The subscription price for the paper format 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 
format. Six-month subscriptions for the paper format 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 fewer than 200 pages; $22 for an issue 
containing 200 to 400 pages; and $33 for an issue containing more than 
400 pages.
    (b) The online format of the Federal Register is available on 
Government Publishing Office websites.

0
13. Revise Sec.  11.3 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 format. 
Those prices exclude postage. The prevailing postal rates will be 
applied to orders according to the delivery method requested. The 
Government Publishing Office (GPO) sells individual volumes of the 
paper format of the Code of Federal Regulations at prices determined by 
the Superintendent of Documents under the general direction of the 
Administrative Committee.
    (b) The online format of the Code of Federal Regulations is 
available on GPO websites.

PART 12--[AMENDED]

0
14. The authority citation for part 12 is revised to read as follows:

    Authority: 44 U.S.C. 1506, 1510, 4101; sec. 6, E.O. 10530, 19 FR 
2709; 3 CFR, 1954-1958 Comp., p. 189.


Sec.  12.2  [Amended]

0
15. In Sec.  12.2(a), remove the words ``or microfiche''.


Sec.  12.5  [Removed and Reserved]

0
16. Remove and reserve Sec.  12.5.

Debra Steidel Wall,
Chair, Administrative Committee of the Federal Register.
Hugh N. Halpern,
Member, Administrative Committee of the Federal Register.
Rosemary Hart,
Member, Administrative Committee of the Federal Register.
    Approved:
Merrick B. Garland,
Attorney General.
Debra Steidel Wall,
Acting Archivist of the United States.
[FR Doc. 2022-28232 Filed 12-28-22; 8:45 am]
BILLING CODE 1301-00-P