[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42776-42782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21358]
[[Page 42776]]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1254
RIN 3095-AA69
Researcher Registration and Research Room Procedures
AGENCY: National Archives and Records Administration (NARA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This rule proposes to update NARA regulations relating to
researcher registration, research room procedures, and private
microfilming projects. Significant changes include lowering the age at
which NARA will allow full research privileges from 16 years old to 14
years old; extending the valid period of researcher cards from 2 years
to 3 years; revising the list of equipment permitted in research rooms;
and revising the criteria and procedures for private microfilming
projects to provide more specific criteria relative to the types of
requests that will be approved and conditions on approval. This rule
would affect individuals who wish to use NARA research rooms in the
National Archives Building and College Park facility in the Washington,
DC, area, regional records services facilities, and Presidential
libraries and organizations that wish to prepare microfilm publications
from NARA holdings.
DATES: Comments must be received by October 13, 1998.
ADDRESSES: Comments must be sent to Regulation Comments Desk (NPOL),
Room 4100, Policy and Communications Staff, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
They may be faxed to 301-713-7270.
Comments on the information collections contained in this proposed
rule should also be sent to the Office of Management and Budget, Office
of Information and Regulatory Affairs, Attn: NARA Desk Officer,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Requests for information or for copies
of the supporting statement for the information collections should be
directed to Nancy Allard at telephone number 301-713-7360, ext. 226, or
fax number 301-713-7270.
SUPPLEMENTARY INFORMATION: Following is a discussion of substantive
changes contained in this proposed rule. Additional nonsubstantive
changes have been made to correct titles and mailing addresses or to
provide clarification.
In Secs. 1254.1 and 1254.26(a), NARA proposes to lower to 14 years
the minimum age at which an individual may be granted full research
privileges. Currently, students who are younger than 16 must obtain
special permission for a researcher card and must be accompanied by an
adult while performing research. In the Washington, DC, area, students
must also present a letter of reference from a teacher. This rule would
remove these conditions. NARA has routinely granted permission to 14-
and 15-year old students who apply to use original records, and has
found that these students are as responsible as 16-year olds. NARA is
taking this action to eliminate some of the correspondence and/or
meetings which have been required to obtain the special permission
under the current regulation.
We are updating Sec. 1254.6 to provide that researcher
identification cards are valid for 3 years. We are also updating
research room procedures to reflect the practice of registering in a
research room by scanning bar-coded researcher identification cards
that have been issued through the automated registration system at the
College Park facility.
We are revising Sec. 1254.20 to ban use of smokeless tobacco
products in a research room to the current prohibitions on eating,
drinking, and chewing gum. Because all NARA facilities are now smoke-
free, we have removed references to designated smoking areas.
Researchers and staff who wish to smoke must now do so outside the
facility.
In that section we are also modifying the grounds on which a
researcher identification card may be revoked to add verbal and
physical harassment of other researchers, NARA employees, volunteers,
or contractor employees. Harassment is far more prevalent and more
serious than the current grounds of annoyance. We are also clarifying
the description of unacceptable behavior to read ``actions or
language.'' Finally, we are clarifying that the grounds for revoking
privileges and for denying probationary reinstatement include danger to
either documents or NARA property.
In Sec. 1254.26, we have removed references to the Suitland
Research Room, which closed for archival research on May 6, 1996, and
changed the title of the section to specify archival research rooms. We
have also updated the list of equipment that may be permitted in the
research room to include scanners, to delete typewriters, to remove the
requirement that cameras be hand-held, and to caution that equipment
that could potentially damage records will not be approved. We have
added a provision that time limits may be set on use of researcher-
owned equipment if the demand for the space set aside for this use
exceeds the space available.
Section 1254.71, which applies to self-service copying at NARA
archival facilities in the Washington, DC, area, has been revised to
remove references to the Washington National Records Center, which no
longer has an archival research room with a self-service copier; to
delete the restricted hours for reserved use of self-service copiers
because the copiers are now available for use during all research room
hours; to clarify procedures to be followed for inspection of records
before and after self-service copying; to allow self-service copying of
bound archival volumes where specialized copiers are provided; and to
permit, under special circumstances, research teams to bring their own
copier equipment into the College Park research room. The proposed new
provision for bringing copiers into the College Park research room
includes a new information collection subject to the Paperwork
Reduction Act.
Section 1254.71(g) is revised to reflect NARA plans to stop issuing
refunds for debit cards used in self-service copier operations in the
Washington, DC, area. Currently researchers may turn in partially used
debit cards for refunds at the Cashier's Office in the National
Archives Building or Archives II. Refunds of amounts over $20.00 are
made by Treasury check or, if purchased with a credit card, by
recrediting the credit card. Other refunds are provided in cash. The
U.S. Treasury Department has notified agencies that in accordance with
the Debt Collection Improvement Act of 1996 (P.L. 104-134), Federal
payments will be made by electronic funds transfer (EFT) beginning on
January 1, 1999. Customer refunds are affected by this requirement and
will be especially problematic to process as EFT payments. A review of
debit card refunds made during a four-month period at the National
Archives Building found that nearly 56 percent of the refunds were for
$2 or less, and that 78 percent of the refunds were for $5 or less. At
Archives II, the review showed a higher percentage of larger refunds,
but almost 43 percent of the refunds were for $5 or less and 65 percent
of the refunds were for no more than $10. NARA's customers are usually
one time users of its available services; the dollar amounts for debit
card refunds are small; and the administrative processing costs are
relatively high. Therefore, it is
[[Page 42777]]
not cost effective to continue this practice. We note that the Library
of Congress does not offer refunds on debit cards. To ensure that
researchers are aware of the change in policy, NARA will post a notice
at the Cashier's Office and at all debit card dispensers that there
will be no refunds, and the debit cards will be reprinted with a
statement that no refunds will be provided. In addition, NARA proposes
to establish a maximum dollar amount of $21.00 to deter researchers
from purchasing large dollar value debit cards before determining how
many copies they may want to make. Since debit cards have no expiration
date, researchers may reuse their debit cards at any time by simply
adding dollar value. The debit card dispensers allow researchers to add
value to the debit card in $1, $5, $10, and $20 increments, but the
maximum dollar value will be imposed so that a researcher may not have
more than $21.00 on a debit card at any given time. We specifically
seek your comments on the need for a limit on the value of the debit
card and, if needed, whether $21 is an appropriate limit.
NARA also proposes to amend Subpart F of Part 1254 concerning the
use of privately-owned microfilm equipment to film archival records and
donated historical materials in NARA custody. In addition to updating
NARA organizational titles and addresses and other minor
clarifications, we are providing more specific criteria relative to the
types of requests that will be approved and conditions on approval. In
Sec. 1254.94, we have added three criteria for evaluating the extent to
which a proposed project would further NARA's efforts to preserve and
provide access to the historical records of the Government; a
requirement that detailed roll lists be provided to NARA with the film;
a requirement that any finding aids produced by the project be provided
to NARA. The latter two requirements normally have been included in
agreements that NARA has negotiated with private microfilmers; we are
adding the requirements to the regulation to conform the regulation
with practice. We are adding a procedure in Sec. 1254.92(j) for
handling multiple requests equitably when the facility cannot
accommodate all requests at the same time. We are also adding two
conditions on approval relating to availability of NARA staff to
provide the necessary support services and reimbursement for NARA
support services. In Sec. 1294.100, Microfilming procedures, we are
adding provisions to allow NARA to charge direct costs of training and
monitoring services provided to an approved project.
Information Collections Subject to the Paperwork Reduction Act
The information collections in Secs. 1254.71(e), and 1254.92 are
subject to the Paperwork Reduction Act. Under this Act, no persons are
required to respond to a collection of information unless it displays a
valid OMB control number. The information collection in Sec. 1254.92
has been approved by OMB with the control number 3095-0017. The changes
that NARA is proposing for that section do not affect the information
collection.
NARA invites the general public and other Federal agencies to
comment on the proposed information collection in Sec. 1254.71(e),
request to bring a personal copier into the Archives II research room.
The affected public are research teams that desire to bring their own
copier equipment into the research room because of the large volume of
copies to be made. We estimate that we will receive a maximum of 5
requests per year and that the respondent burden to provide the
information will be 3 hours per request, for a total burden of 15
hours. The comments and suggestions should address one or more of the
following points: (a) whether the proposed collection information is
necessary for the proper performance of the functions of NARA; (b) the
accuracy of NARA's estimate of the burden of the proposed information
collections; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the collection of information on respondents, including the use of
information technology. Comments should be sent to NARA and OMB (see
ADDRESSES).
This proposed rule is not a significant regulatory action for the
purposes of Executive Order 12866; it has been submitted to the Office
of Management and Budget for review of the information collections
subject to the Paperwork Reduction Act. As required by the Regulatory
Flexibility Act, it is hereby certified that this proposed rule will
not have a significant impact on small entities.
List of Subjects in 36 CFR Part 1254
Archives and records, Confidential business information, Freedom of
information, Micrographics, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, NARA proposes to amend
part 1254 of title 36, Code of Federal Regulations, as follows:
PART 1254--AVAILABILITY OF RECORDS AND DONATED HISTORICAL MATERIALS
1. The authority citation for part 1254 continues to read:
Authority: 44 U.S.C. 2101--2118; 5 U.S.C. 552; and E.O. 12600,
52 FR 23781, 3 CFR, 1987 Comp., p. 235.
2. Section 1254.1 is amended by revising paragraph (d) to read:
Sec. 1254.1 General provisions.
* * * * *
(d) A Regional Administrator, a director of a Presidential Library,
or a director of a Washington, DC, area research unit may require that
researchers under the age of 14 years be accompanied by an adult
researcher who agrees in writing to be present when the documents are
used and to be responsible for compliance with the research room rules
set forth in subpart B.
* * * * *
3. Section 1254.2 is amended by revising paragraph (a) to read:
Sec. 1254.2 Location of documents and hours of use.
(a) Researchers should identify the location of the documents
needed. Information about the location of records may be obtained by
writing to the National Archives and Records Administration (NWCCR1),
Washington, DC 20408; by sending an e-mail message to [email protected];
sending a fax request to (301) 713-6920; or calling (202) 501-5400 or
(301) 713-6800.
* * * * *
4. Section 1254.6 is revised to read:
Sec. 1254.6 Researcher identification card.
An identification card is issued to each person whose application
is approved to use records other than microfilm. Cards are valid for 3
years. Cards may be renewed upon application. Cards are valid at each
facility. Cards are not transferable and must be presented if requested
by a guard or research room attendant.
Sec. 1254.8 [Amended]
5. In paragraphs (b) and (c) of Sec. 1254.8, remove the phrase
``the Director of the Legal Services Staff (NXL) or his designee'' and
add in its place the phrase ``the General Counsel (NGC) or his/her
designee''.
6. Section 1254.10 is revised to read:
Sec. 1254.10 Registration.
Researchers must register each day they enter a research facility,
furnishing the information on the registration sheet or scanning a bar-
coded researcher
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identification card, and may be asked to provide additional personal
identification.
7. Section 1254.12 is amended by revising paragraph (a) to read:
Sec. 1254.12 Researcher's responsibility for documents.
(a) The research room attendant may limit the quantity of documents
delivered to a researcher at one time. The researcher must sign for the
documents received and may be required to show his/her researcher
identification card. The researcher is responsible for the proper
handling of and prevention of damage to all documents delivered to him/
her until he/she returns them. When the researcher is finished using
the documents, the documents must be returned to the research room
attendant. The reference service slip that accompanies the documents to
the research room must not be removed. If asked to do so, the
researcher must return documents as much as 15 minutes before closing
time. Before leaving a research room, even for a short time, a
researcher must notify the research room attendant and place all
documents in their proper containers.
* * * * *
8. Section 1254.14 is amended by revising paragraph (b) to read:
Sec. 1254.14 Restrictions on using microfilm readers.
* * * * *
(b) The number of researchers in the microfilm research room in the
National Archives Building may be limited, for fire safety reasons, to
those researchers assigned a microfilm reader.
* * * * *
9. Section 1254.16 is amended by revising paragraphs (d) and (e) to
read:
Sec. 1254.16 Prevention of damage to documents.
* * * * *
(d) Documents must be identified for reproduction only with a paper
tab provided by NARA. Documents may not be identified with paper clips,
rubber bands, self-stick notes or similar devices.
(e) Microfilm must be carefully removed from and returned, rewound,
to the proper microfilm boxes. Care must be taken loading and unloading
microfilm from microfilm readers. Damaged microfilm must be reported to
the research room attendant as soon as it is discovered.
* * * * *
10. Section 1254.20 is revised to read:
Sec. 1254.20 Conduct.
(a) Regulations. Researchers are subject to the provisions of part
1280 of this chapter and to all rules and regulations issued and posted
or distributed by a facility director supplementing Subpart B of this
part, including rules on the use of NARA equipment. Eating, drinking,
chewing gum, or using smokeless tobacco products in a research room are
prohibited. Smoking is prohibited in all NARA facilities. Loud talking
and other activities likely to disturb other researchers are also
prohibited. Persons desiring to use typewriters, computers, sound
recording devices, or similar equipment must work in areas designated
by the research room attendant, when so required.
(b) Revocation of a researcher identification card. If researchers
who receive researcher identification cards refuse to comply with the
rules and regulations of a NARA facility, or by their actions or
language demonstrate that they present a danger to the documents or
NARA property, or present a danger, verbally or physically harass, or
annoy other researchers, NARA or contractor employees, or volunteers,
they may have their identification cards revoked by the director. A
researcher whose card is revoked is denied research privileges at all
NARA facilities and must receive a written notice of the reasons for
the revocation within 3 workdays. A researcher whose identification
card is revoked has 30 calendar days after the revocation to appeal in
writing to the Archivist of the United States, National Archives and
Records Administration (N), 8601 Adelphi Rd., College Park, MD 20740-
6001, for reinstatement of research privileges. On receiving an appeal,
the Archivist of the United States has 30 days to decide whether or not
to reinstate the research privileges. If the revocation is upheld or if
no appeal is made, the researcher may not apply for another
identification card for 6 months from the date of the revocation, and
all NARA facilities will be so notified. At the end of 6 months, a
researcher whose identification card was revoked may reapply for a new
card. Upon application, a new identification card is issued for a
probationary period of 2 months. However, if the probationary
reinstatement of a researcher poses a serious threat to the safety of
documents, persons or property, the director may deny probationary
reinstatement and will so advise the applicant in writing within 3
workdays of receiving the application. At the end of the probationary
period the researcher may apply for a new, unrestricted identification
card. If the researcher's conduct in NARA facilities during the
probationary period is proper, a regular identification card is issued.
If the researcher's conduct during the probationary period is found
unsatisfactory or if the director denies reinstatement, research
privileges will again be denied for 6 months. A second and any later
revocation of research privileges may be appealed to the Archivist of
the United States under the procedures in this section.
(c) Withdrawal of research privileges for researchers not required
to have a researcher identification card. If researchers who are not
required to have researcher identification cards refuse to comply with
the rules and regulations of a NARA facility or by their actions or
language demonstrate that they present a danger to NARA property, or
present a danger, verbally or physically harass, or annoy other
researchers, NARA or contractor employees, or volunteers, NARA may
withdraw all research privileges. A researcher whose research
privileges are withdrawn under this paragraph will lose research
privileges at all NARA research rooms, including those for which no
researcher identification card is required. A researcher whose research
privileges have been withdrawn may not apply for a researcher
identification card, or for readmittance to research rooms not
requiring a research card, until research privileges have been restored
(see below). A researcher whose research privileges are withdrawn under
this paragraph will be sent a written notice of the reasons for the
withdrawal within 3 workdays. The researcher has 30 calendar days after
the withdrawal to appeal in writing to the Archivist of the United
States (address: National Archives and Records Administration (N), 8601
Adelphi Rd., College Park, MD 20740-6001) for reinstatement of research
privileges. The Archivist of the United States has 30 calendar days
from receipt of the appeal to decide whether or not to reinstate the
research privileges. If the withdrawal is upheld or if no appeal is
made, the researcher may request reinstatement of privileges no earlier
than 180 calendar days from the date the privileges were revoked. If
readmission to a NARA facility poses a threat to the safety of persons
or property, NARA may continue to extend the withdrawal period for 180-
day periods. The researcher will be notified in writing of all such
extensions within 3 workdays of NARA receiving a request for
reinstatement of research privileges.
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The researcher may appeal any decision to extend the withdrawal of
research privileges to the Archivist of the United States. All appeals
must be made in writing to the Archivist of the United States within 30
calendar days of the decision being appealed.
11. Section 1254.24 is amended by adding new paragraph (d) to read:
Sec. 1254.24 Locker use policy.
* * * * *
(d) NARA may charge a replacement fee for lost locker keys.
12. Section 1254.26 is amended by revising paragraphs (a) through
(d), the introductory text of paragraph (e), paragraphs (e)(2) and
(e)(3), paragraph (g), the introductory text of paragraph (h), and
paragraphs (h)(2)(i), (h)(2)(ii), (h)(5), and (h)(6) to read:
Sec. 1254.26 Additional rules for use of certain research rooms in
NARA facilities in the Washington, DC, area.
(a) Admission to research rooms in the National Archives Building
and the National Archives at College Park facility is limited to
individuals examining and/or copying documents and other materials in
the custody of the National Archives and Records Administration.
Children under the age of 14 will not be admitted to these research
rooms unless they have been granted research privileges or are granted
an exception to this provision to view specific documents that a parent
or other accompanying adult researcher is using. The exception will be
granted by the Chief of the Archives I or Archives II Research Room
Services Branch for a child who is able to read and who will be closely
supervised by the adult researcher while in the research room.
Normally, such a child will be admitted only for the short period
required to view the documents. Unless otherwise permitted, persons
without a researcher card may not actively participate in research
activities, e.g., removing, copying, or refiling documents. Students
under the age of 14 who wish to perform research on original documents
must apply in person to the Chief of the Research Room Services Branch
where the documents are located and present a letter of reference from
a teacher. Such students may contact NARA by phone or letter in advance
of their visit to discuss their eligibility for research privileges.
Students under the age of 14 who have been granted research privileges
will be required to be accompanied in the research room by an adult
with similar privileges, unless the Chief of the Archives I or Archives
II Research Room Services Branch specifically waives this requirement
with respect to individual researchers.
(b) The procedures in paragraphs (d) through (g) of this section
apply to all research rooms in the National Archives Building (except
the Microfilm Research Room) and in the National Archives at College
Park facility. These procedures are in addition to the procedures
specified elsewhere in this part.
(c) Researchers bringing personal computers, tape recorders,
cameras, and other equipment into the National Archives Building must
complete the Equipment Log at the guard's desk. The log will evidence
personal ownership and will be checked by the guard when such equipment
is removed from the building.
(d) Researchers must present a valid researcher identification card
to the guard or research room attendant on entering the research room.
All researchers are required to register their attendance each day.
Researchers will also register the time they leave the research area at
the end of the visit for that day. Researchers are not required to sign
in or out when leaving the area temporarily.
(e) Researchers may not bring into the research rooms overcoats,
raincoats, hats, or similar apparel; personal paper-to-paper copiers,
unless permitted in accordance with Sec. 1254.71(e) of this part;
briefcases, suitcases, day packs, purses, or similar containers of
personal property; notebooks, notepaper, note cards, folders or other
containers for paper. These items may be stored at no cost in lockers
available for researchers. The following exceptions may be granted:
* * * * *
(2) Notes, references, lists of documents to be consulted, and
other materials may be admitted if the chief of the branch
administering the research room or the senior staff member on duty in
the research room determines they are essential to a researcher's work
requirements. Materials approved for admission will be stamped,
initialed, and dated by a NARA or contractor employee, to indicate that
they are the personal property of the researcher;
(3) Personal computers, tape recorders, scanners, cameras, and
similar equipment may be admitted by the research room attendant
provided such equipment meet the approved standards for preservation
set by the NARA Preservation Programs unit. Use of researcher owned
equipment may be limited to designated areas within the research rooms.
If demand to use equipment exceeds the space available for equipment
use, time limits may be imposed. Equipment that could potentially
damage documents will not be approved. Scanners and other copying
equipment must meet these minimum standards:
(i) Equipment platens or copy boards must be the same size or
larger than the records. No part of a record may overhang the platen or
copy board.
(ii) No part of the equipment may come in contact with records in a
manner that causes friction, abrasion, or that otherwise crushes or
damages records.
(iii) Drum scanners are prohibited.
(iv) Automatic feeder devices on flatbed scanners are prohibited.
When using a slide scanner, slides must be checked after scanning to
ensure that no damage occurs while the slide is inside the scanner.
(v) Light sources must not raise the surface temperature of the
record being copied. Light sources that generate ultraviolet light must
be filtered.
(vi) All equipment surfaces must be clean and dry before being used
with records. Cleaning and equipment maintenance activities, such as
replacing toner cartridges, may not take place when records are
present. Aerosols or ammonia-containing cleaning solutions are not
permitted. A 50% water and 50% isopropyl alcohol solution is permitted
for cleaning. The chief of the branch administering the research room
or the senior staff member on duty in the research room will review the
determination made by the research room attendant if requested to do so
by the researcher; and
* * * * *
(g) The personal property of all researchers, including notes,
electrostatic copies, equipment cases, tape recorders, cameras,
personal computers, and other property, will be inspected before
removal from the research room. Guards and research room attendants may
request that a member of the research room staff examine such personal
items prior to their removal from the research room.
(h) In addition to the procedures in paragraphs (c) through (g) of
this section, the following procedures apply to the Motion Picture,
Sound, and Video Research Room (hereinafter, the ``research room'') in
the College Park facility:
* * * * *
(2) * * *
(i) Personal recording equipment brought into the unrestricted
viewing and copying area in the research room may be inspected and
tagged by the research room attendant prior to admittance. All
equipment and
[[Page 42780]]
accessory devices must be placed on the carts provided by NARA, except
that a tripod holding a video camera may be placed on the floor in
front of a film-viewing station. NARA is not responsible for damage to
or loss of personal equipment and accessories.
(ii) Researchers shall remain in the research room while their
personal equipment is in use at an audio or video viewing station. The
film viewing stations must be attended at all times while in use.
Researchers shall remove their personal equipment from the research
room when they leave the room for the day.
* * * * *
(5) The NARA-furnished recorder or personal recording device and
media may be used to make a copy of unrestricted archival materials in
the research room.
(6) Each researcher will be provided a copy of the Motion Picture,
Sound, and Video Research Room rules and a warning notice on potential
copyright claims in unrestricted titles. The individual making and/or
using the copy is responsible for obtaining any needed permission or
release from a copyright owner for other than personal use of the copy.
* * * * *
13. Section 1254.27 is amended by revising the section heading,
paragraphs (a) and (c)(3) to read:
Sec. 1254.27 Additional rules for use of certain research rooms in
regional records services facilities and Presidential libraries.
(a) When directed by the appropriate Regional Administrator or
library director, the following procedures shall be observed in
regional records services facility and Presidential library archival
research rooms where original documents are used. These procedures are
in addition to the procedures specified elsewhere in this part.
* * * * *
(c) * * *
(3) Typewriters, personal computers, tape recorders, and hand-held
cameras may be admitted by the guard or research room attendant
provided that they are inspected, approved, and tagged prior to
admittance. For a regional records services facility, the Regional
Administrator, the Coordinator or other supervisor having
responsibility for research room operations in a facility, or the
senior attendant on duty will review the determination made by the
guard or research room attendant if requested to do so by the
researcher. In a Presidential library, the director, or the senior
attendant on duty in the research room will review the determination
made by the guard or research room attendant if requested to do so by
the researcher. In facilities where personal paper-to-paper copiers and
scanners are permitted, the researcher must obtain prior written
approval from the facility director to bring in the copier or scanner.
The request to bring a personal copier or scanner should state the
space and power consumption requirements and the intended period of
use; and
* * * * *
14. Section 1254.70 is amended by revising paragraph (a) to read:
Sec. 1254.70 NARA copying services.
(a) The copying of documents will be done by a contractor or NARA
staff with equipment belonging to NARA. NARA reserves the right to make
a duplicate, at NARA expense, of any material copied. Such duplicates
may be used by NARA to make additional copies for others.
* * * * *
15. Section 1254.71 is amended by revising the section heading,
paragraphs (a) through (c)(2), and (d)(1); redesignating paragraph (e)
as paragraph (f); adding new paragraph (e), and revising paragraph (g)
to read:
Sec. 1254.71 Researcher use of the self-service card-operated copiers
in the National Archives Building and the National Archives at College
Park.
(a) General. Self-service card-operated copiers are located in
research rooms in the National Archives Building and the National
Archives at College Park. Other copiers set aside for use by
reservation are located in designated research areas. Procedures for
use are outlined in paragraphs (b) through (h).
(b) Limitations and hours of use. (1) There is a 3-minute time
limit on copiers in research rooms when others are waiting to use the
copier. Researchers using microfilm reader-printers may be limited to
three copies when others are waiting to use the machine. Researchers
wishing to copy large quantities of documents should see a staff member
in the research room to reserve a copier for an extended time period.
(2) If an appointment must be canceled due to copier failure, NARA
will make every effort to schedule a new mutually agreed-upon time.
However, NARA will not displace researchers whose appointments are not
affected by the copier failure.
(c) Copying procedures. (1) Individual documents to be copied shall
be tabbed in accordance with the procedures governing the tabbing of
documents and; brought to the research room attendant for inspection in
the file unit. The research room attendant will examine the documents
to determine whether they can be copied on the self-service copier. The
chief of the branch administering the research room will review the
determination of suitability if asked to do so by the researcher. After
reproduction is completed, documents removed from files for copying
must be returned to their original position in the file container, any
fasteners removed to facilitate copying must be refastened, and any
tabs placed on the documents to identify items to be copied must be
removed.
(2) Researchers using the reserved copier must submit the
containers of documents to the attendant for review prior to the
appointment. The review time required is specified in each research
room. Research room attendants may inspect documents after copying.
* * * * *
(d) * * *
(1) Bound archival volumes (except when specialized copiers are
provided);
* * * * *
(e) Use of personal paper-to-paper copiers at the National Archives
at College Park facility. (1) NARA will approve a limited number of
researchers to bring in and use personal paper-to-paper copying
equipment in the Textual Research Room (Room 2000). Requests must be
made in writing to the Chief, Archives II Research Room Services Branch
(NWCCR2), National Archives and Records Administration, 8601 Adelphi
Rd., College Park, MD 20740-6001. Requests must identify the records to
be copied, the expected duration of the project, and the make and model
of the equipment.
(2) NARA will evaluate requests using the following criteria:
(i) A minimum of 3,000 pages must be copied;
(ii) The project is expected to take at least 4 weeks, with the
copier in use a minimum of 6 hours per day or 30 hours per week;
(iii) The copying equipment must meet the standards for
preservation set by NARA's Preservation Programs unit (see
Sec. 1254.26(e)(3) of this part); and
(iv) Space is available for the personal copying project. NARA will
allow no more than 3 personal copying projects in the research room at
one time, with Federal agencies given priority over other users.
(3) Researchers must coordinate with research room management and
oversee the installation and removal of copying equipment and are
responsible for the cost and supervision of all service calls
[[Page 42781]]
and repairs. Copying equipment and supplies must be removed within two
business days after the personal copying project is completed.
(4) NARA will not be responsible for any personal equipment or
consumable supplies.
(5) Each operator must obtain a valid researcher identification
card and be trained by NARA staff on the proper methods for handling
and copying archival documents.
(7) Operators must abide by all regulations on copying stated in
paragraphs (c), (d) and (f) of this section.
(8) NARA reserves the right to discontinue the privilege of using a
personal copier at any time without notice. Conditions under which NARA
would discontinue the privilege include: violation of one of the
conditions in paragraphs (c), (d), (e), or (f) of this section; a need
to provide space for a Federal agency; or a lack of NARA staff to
supervise the area.
* * * * *
(g) Purchasing debit cards for copiers. Researchers may use cash to
purchase a debit card from a vending machine during the hours that
self-service copiers are in operation. Additionally, debit cards may be
purchased with cash, check, money order, credit card, or funds from an
active deposit account from the Cashier's Office located in room G-1 of
the National Archives Building, and the researcher lobby of the College
Park facility, during posted hours. The debit card will, when inserted
into the copier, enable the user to make copies, for the appropriate
fee, up to the value on the debit card. Researchers may add value to
the debit card by using the vending machine. No refunds will be made.
The fee for self-service copiers is found in Sec. 1258.12 of this
chapter.
16. Section 1254.90 is revised to read:
Sec. 1254.90 General.
(a) This Subpart establishes rules and procedures governing the use
of privately owned microfilm equipment to film accessioned archival
records and donated historical materials in the legal and physical
custody of the National Archives and Records Administration (NARA) by
foreign and domestic government agencies, private commercial firms,
academic research groups, and other entities or individuals who request
exemption from obtaining copies through the regular fee schedule
reproduction ordering system of NARA.
(b) Persons or organizations wishing to microfilm Federal agency
records in the physical custody of the Washington National Records
Center (WNRC) contact the director, WNRC, about procedures for
obtaining permission from the originating agency to film those records.
For information about procedures for obtaining permission from the
originating agency to film records in the physical custody of the
National Personnel Records Center (NPRC) or in the records center
operation of one of NARA's regional records services facilities, those
wishing to film such records should contact the Regional Administrator
of the region in which the records are located, or the director, NPRC,
for records in NPRC.
(c) Federal agencies needing to microfilm archival records in
support of the agency's mission must contact the appropriate office as
specified in Sec. 1254.92 of this part, as soon as possible after the
need is identified, for information concerning standards and procedures
for microfilming archival records.
17. Section 1254.92 is amended by revising paragraphs (a) and (b)
and adding new paragraphs (d)(3) and (d)(4) to read as follows:
Sec. 1254.92 Requests to microfilm records and donated historical
materials.
(a) Requests to microfilm archival records or donated historical
materials (except donated historical materials under the control of the
Office of Presidential Libraries) in the Washington, DC area must be
made in writing to the Assistant Archivist for Records Services--
Washington, DC (NW), 8601 Adelphi Rd., College Park, MD 20740-6001.
Requests to microfilm archival records or donated historical materials
held in a NARA regional records service facility must be made in
writing to the Assistant Archivist for Regional Records Services (NR),
8601 Adelphi Rd., College Park, MD 20740-6001. Requests to microfilm
records or donated historical materials in a Presidential library or
donated historical materials in the Washington area under the control
of the Office of Presidential Libraries must be made in writing to the
Assistant Archivist for Presidential Libraries (NL), 8601 Adelphi Rd.,
College Park, MD 20740-6001. OMB control number 3095--0017 has been
assigned to the information collection contained in this section.
(b) Requests to use privately owned microfilm equipment should be
submitted six months in advance of the proposed starting date of the
microfilming project. Requests submitted with less advance notice will
be considered and may be approved if adequate NARA space and staff are
available and if all training, records preparation and other NARA
requirements can be completed in a shorter time frame. Only one
microfilming project may be included in a request. NARA will not accept
additional requests from an individual or organization to microfilm
records in a NARA facility while NARA is evaluating an earlier request
from that individual or organization to microfilm records at that
facility. NARA will establish the number of camera spaces available to
a single project based upon the total number of projects approved for
filming at that time.
* * * * *
(d) * * *
(3) If the original documents are presidential or vice-presidential
records as specified in 44 U.S.C. 2201, the requester must agree to
include on the film this statement: ``The documents reproduced in this
publication are presidential records in the custody of the (name of
Presidential library or National Archives of the United States). NARA
administers them in accordance with the requirements of Title 44,
U.S.C. No copyright is claimed in these official presidential records.
(4) If the original documents are records of Congress, the
requester must agree to include on the film this statement: ``The
documents reproduced in this publication are among the records of the
(House of Representatives/Senate) in the physical custody of National
Archives and Records Administration (NARA). NARA administers them in
accordance with the requirements of the (House/Senate).
* * * * *
18. Section 1254.94 is amended by adding paragraphs (a)(1) through
(a)(3), (d)(3), (d)(4), (k), and (l), revising the introductory text of
paragraph (d), paragraph (d)(1) and paragraph (i), to read as follows:
Sec. 1254.94 Criteria for granting the requests.
(a) * * *
(1) In considering multiple requests NARA will give priority to
microfilming records that have research value for a variety of studies
or that contain basic information for fields of research in which
researchers have demonstrated substantial interest.
(2) The records to be filmed should be reasonably complete and not
subject to future accessions, especially of appreciable volumes, within
the original body of records.
(3) The records to be filmed should not have substantial numbers of
documents withdrawn because of continuing security classification or
privacy or other restriction.
* * * * *
[[Page 42782]]
(d) NARA will approve only requests which specify that NARA will
receive a first generation silver halide duplicate negative containing
no splices made from the original camera negative of the microform
record created in accordance with part 1230 of this chapter and which
specify that NARA will receive complete indexes or other finding aids
to the microfilm. NARA may waive any of the requirements of this
paragraph at its discretion.
(1) NARA may use this duplicate negative microform to make
duplicate preservation and reference copies. The copies may be made
available for NARA and public use in NARA facilities and programs
immediately upon receipt.
* * * * *
(3) Detailed roll lists must be delivered to NARA with the film.
The lists must give the full range of file titles and complete list of
all file numbers on each roll of microfilm.
(4) If the microfilming organization or individual prepares subject
indexes, name indexes or other finding aids to its version of the
microfilm in hard copy or in electronic form, it must provide NARA with
hard copy and electronic versions of these finding aids. The electronic
version should be in a form that can run easily on NARA's internal and
external computer network(s).
* * * * *
(i) NARA will not approve requests to microfilm records in NARA
facilities in which there is insufficient space available for private
microfilming. NARA also will not approve requests where the only space
available for filming is in the facility's research room, and such work
would disturb researchers. NARA will not move records from a facility
lacking space for private microfilming to another NARA facility for
that purpose. When a NARA facility does not have enough space to
accommodate all the requests made, NARA may schedule separate projects
by limiting the time allowed for each particular project or by
requiring projects to alternate in the use of the space.
* * * * *
(k) NARA will not approve requests to microfilm records when there
is not enough staff to provide the necessary support services,
including document preparation, training of private microfilmers, and
monitoring the filming.
(l) NARA will not approve requests to microfilm records until NARA
and the requester have agreed upon the amount and schedule of
reimbursement by the requester for NARA support services.
19. Section 1254.96 is amended by revising paragraph (a)(3) and
adding paragraph (a)(6) to read:
Sec. 1254.96 Microfilm preparation.
(a) * * *
(3) Declassifying security classified documents and restoring
recently declassified records to the files;
* * * * *
(6) Reviewing for accuracy by supervisors or senior staff to make
certain the preparation work has been done correctly.
* * * * *
20. Section 1254.98 is amended by revising paragraph (a) to read:
Sec. 1254.98 Equipment standards.
(a) Equipment must be designed for the microfilming of documents in
roll form or standard fiche form and be operable from a table top. Only
planetary type camera equipment may be used. Automatic feed devices may
not be used. Book cradles or other specialized equipment designed for
use with bound volumes, oversized documents, or other formats will be
approved by NARA on a case-by-case basis.
* * * * *
21. Section 1254.100 is amended by revising paragraphs (b), (c) and
(g) and adding paragraph (l) to read:
Sec. 1254.100 Microfilming standards.
* * * * *
(b) Documents must be handled in accordance with the training and
instructions provided by NARA personnel so that documents are not
damaged during copying and so that their original order is maintained.
Only persons who have attended NARA training will be permitted to
handle the documents or supervise microfilming operations. Training
will be offered only in Washington, DC. NARA may charge the requester
fees for training services and these fees will be based on direct
salary costs (including benefits) and any related supply costs.
(c) Documents from only one file unit may be microfilmed at a time.
After reproduction is completed, documents removed from files for
microfilming must be returned to their original position in the file
container, any fasteners removed to facilitate copying must be
refastened, and any tabs placed on the documents to identify items to
be copied must be removed.
* * * * *
(g) Microfilm equipment may be operated only in the presence of the
research room attendant or a designated NARA employee. NARA may charge
the requester fees for these monitoring services and these fees will be
based on direct salary costs (including benefits). When more than one
project share the same space, monitoring costs will be divided equally
among the projects.
* * * * *
(l) NARA will provide the requester specific information on the
fees for training, monitoring and any other substantial NARA services
in the letter of approval. Payment of fees will be made in accordance
with Sec. 1258.14 of this chapter.
22. Section 1254.102 is amended by adding paragraph (e) to read:
Sec. 1254.102 Rescinding permission.
* * * * *
(e) If the person or organization fails to pay NARA fees in the
agreed to amount or on the agreed to payment schedule.
Dated: August 4, 1998.
John W. Carlin,
Archivist of the United States.
[FR Doc. 98-21358 Filed 8-10-98; 8:45 am]
BILLING CODE 7515-01-P