1 July 2004 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ----------------------------------------------------------------------- [Federal Register: June 30, 2004 (Volume 69, Number 125)] [Rules and Regulations] [Page 39324-39331] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30jn04-2] ----------------------------------------------------------------------- NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1256 RIN 3095-AB11 Restrictions on the Use of Records AGENCY: National Archives and Records Administration (NARA). ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NARA is revising its regulations on access to Federal records and donated historical materials containing restricted information. This rule entirely rewrites and reorganizes this portion of NARA's regulations to incorporate several changes, and also to clarify it using plain language. The regulation has been updated to bring the language on access restrictions in better conformance with the exemptions to the Freedom of Information Act (FOIA). In addition, in response to comments received on the proposed rule, we are further modifying the regulations outlining controlled procedures for access to privacy-restricted information for purposes of biomedical research to allow access for social science research. This final rule affects the public and Federal agencies. DATES: This rule is effective July 30, 2004, except Sec. 1256.28, which will be effective September 28, 2004. Comments on Sec. 1256.28 must be received by August 30, 2004, at the address shown below. NARA intends to publish any changes to Sec. 1256.28 resulting from this comment period before September 28, 2004. ADDRESSES: You may submit comments on Sec. 1256.28, identified by RIN 3095-AB11, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. E-mail: comments@nara.gov. Include RIN 3095-AB11 in the subject line of the message. Fax: (301) 837-0319. Mail: Regulation Comments Desk (NPOL), Room 4100, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740- 6001. Hand Delivery/Courier: Regulation Comments Desk (NPOL), Room 4100, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1801. SUPPLEMENTARY INFORMATION: The proposed rule was published in the January 5, 2004, Federal Register (69 FR 295) for a 60-day public comment period. NARA notified several researcher organizations of the availability of the proposed rule. A copy of the proposed rule was also posted on the NARA Web site. NARA received nine responses to the proposed rule, all on the proposal to remove from the regulations a provision at Sec. 1256.4 allowing access to privacy-restricted information for biomedical research. Most commenters urged that NARA continue to provide access to certain records for social science research as had been permitted under Sec. 1256.16(b)(3) in the past, using the process outlined in Sec. 1256.4. We carefully considered the commenters' request on the issue of social science research and concluded that controlled access to privacy-restricted information for this purpose is in the public interest. As a result, we have restored the process for granting access to privacy-restricted information for biomedical research formerly found in 36 CFR 1256.4 and have extended its coverage to certain social science research. With the reorganization of Part 1256, this process is now located at Sec. 1256.28. Social science researchers will be required to request access to specific records that contain privacy- restricted information through NARA's Access Review Committee, just as a biomedical researcher would. We have made some minor modifications to the application review process to further ensure appropriate protection of privacy-restricted information during access. This provision does not permit access to the privacy-restricted files of individuals for family history or other research on specific persons, such as a biography or political or sociological profile. Researchers interested in obtaining access to the files of individual family members must provide proof that they have the permission of the subject relative or that the relative is no longer living. NARA does not restrict records for privacy reasons where the subject individual is no longer living, as stated in 36 CFR 1256.56. We are delaying the effective date of Sec. 1256.28 for 90 days to allow public comment. We will evaluate those comments and, if changes in the provision are needed, we will publish a final rule amending this section before the September 28, 2004, effective date. We have also made minor clarifications in language to General Restrictions in Sec. Sec. 1256.52, 1256.54, and 1256.56. We removed the part 1254 changes that were in the proposed rule because [[Page 39325]] a separate final rule completely revising part 1254 and incorporating those changes is published in the Federal Register is also published in this issue. This rule is not a significant regulatory action for the purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget (OMB). As required by the Regulatory Flexibility Act, it is hereby certified that this rule will not have a significant impact on a substantial number of small entities because this rule applies to individual researchers. This rule contains an information collection previously approved by OMB. This rule does not have any federalism implications. This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. List of Subjects in 36 CFR Part 1256 Archives and records, Copyright. 0 For the reasons set forth in the preamble, NARA revises part 1256 of title 36, Code of Federal Regulations to read as follows: PART 1256--ACCESS TO RECORDS AND DONATED HISTORICAL MATERIALS Subpart A--General Information Sec. 1256.1 What does this part cover? 1256.2 How do I obtain access to records stored in Federal Records Centers? 1256.4 How does NARA handle subpoenas and other legal demands for records in its custody? 1256.6 How do I obtain access to records of defunct agencies? 1256.8 How do I obtain access to Presidential records? 1256.10 How do I obtain access to Nixon Presidential materials? Subpart B--Access to Federal Archival Records 1256.20 May I obtain access to Federal archival records? 1256.22 How do I request access to restricted information in Federal archival records? 1256.24 How long may access to some records be denied? 1256.26 When can I appeal decisions about access to Federal archival records? 1256.28 Does NARA make any exceptions for access to records containing privacy-restricted information? Subpart C--Access to Donated Historical Materials 1256.30 How do I obtain access to donated historical materials? 1256.32 How do I request access to restricted information in donated historical materials? 1256.34 How long may access to some donated historical materials be denied? 1256.36 When can I appeal decisions about access to donated historical materials? Subpart D--General Restrictions 1256.40 What are general restrictions? 1256.42 Who imposes general restrictions? 1256.44 Does NARA ever waive general restrictions? 1256.46 National security-classified information. 1256.48 Information about internal agency rules and practices. 1256.50 Information exempted from disclosure by statute. 1256.52 Trade secrets and commercial or financial information. 1256.54 Inter- and intra-agency memoranda (subject to privilege). 1256.56 Information that would invade the privacy of a living individual. 1256.58 Information related to law enforcement investigations. 1256.60 Information relating to financial institutions. 1256.62 Geological and geophysical information relating to wells. Subpart E--Access to Materials Containing National Security-Classified Information 1256.70 What controls access to national security-classified information? 1256.72 What are FOIA requests and mandatory review requests? 1256.74 How does NARA process Freedom of Information Act (FOIA) requests for classified information? 1256.76 How do I request mandatory review of classified information under Executive Order 12958, as amended? 1256.78 How does NARA handle my mandatory review request? 1256.80 How does NARA provide classified access to historical researchers and former Presidential appointees? Subpart F--Domestic Distribution of United States Information Agency Audiovisual Materials in the National Archives of the United States 1256.90 What does this subpart cover? 1256.92 What is the purpose of this subpart? 1256.94 Definition. 1256.96 What provisions apply to the transfer of USIA audiovisual records to the National Archives of the United States? 1256.98 Can I get access to and obtain copies of USIA audiovisual records transferred to the National Archives of the United States? 1256.100 What is the copying policy for USIA audiovisual records that either have copyright protection or contain copyrighted material? 1256.102 What fees does NARA charge? Authority: 44 U.S.C. 2101-2118; 22 U.S.C. 1461(b); 5 U.S.C. 552; E.O. 12958 (60 FR 19825, 3 CFR, 1995 Comp., p. 333; E.O. 13292, 68 FR 15315, 3 CFR, 2003 Comp., p. 196; E.O. 13233, 66 FR 56023, 3 CFR, 2001 Comp., p. 815. Subpart A--General Information Sec. 1256.1 What does this part cover? This part describes NARA's policies on access to archival records of the Executive Branch and donated historical materials in the National Archives of the United States and to records in the physical custody of the Federal records centers. This part applies to records and materials covered by the Federal Records Act (44 U.S.C. 2108 and chs. 29, 31, 33) and donated historical materials. This part does not apply to Presidential, Supreme Court, Senate, House of Representatives, and Architect of the Capitol records except for the purpose of directing mandatory review requests in subpart E. Sec. 1256.2 How do I obtain access to records stored in Federal Records Centers? Agencies that retire their records to a Federal records center (FRC) set rules for access to those records. Address requests for access to records stored in Federal records centers directly to the appropriate agency or to the appropriate FRC director at the address shown in part 1253. When the agency's rules permit, NARA makes FRC records available to requesters. When the agency's rules and restrictions do not permit access FRCs receive requests that should have been sent to the agency, the FRC director refers the requests and any appeals for access, including those made under the Freedom of Information Act (5 U.S.C. 552, as amended), to the responsible agency. Sec. 1256.4 How does NARA handle subpoenas and other legal demands for records in its custody? (a) For records stored in a Federal records center, NARA honors a subpoena duces tecum (subpoena) or other legal demand for the production of agency records, to the extent required by law, if the agency that retired the records has not imposed any restrictions. If the agency has imposed restrictions, NARA notifies the authority issuing the subpoena or other legal demand that NARA abides by the agency-imposed restrictions and refers the authority to the agency for further action. (b) The Archivist of the United States, the General Counsel (NGC) or his or her designee, and the Director of the FRC where the records are stored are the only NARA officials authorized to accept a subpoena or other legal demand for records transferred to an FRC. (c) The Archivist of the United States, the General Counsel (NGC) or his or her designee, the appropriate Assistant [[Page 39326]] Archivist, Regional Administrator, or Director of a Presidential library are the only NARA officials who may be served a subpoena duces tecum or other legal demand for the production of documents designated as Federal archival records or donated historical materials administered by NARA. Sec. 1256.6 How do I obtain access to records of defunct agencies? NARA handles access to archives and FRC records received from agencies that have ceased to exist without a successor in function as described in Subpart B. Sec. 1256.8 How do I obtain access to Presidential records? See 36 CFR part 1270, Presidential Records, for the rules for access to Presidential records transferred to NARA. Sec. 1256.10 How do I obtain access to Nixon Presidential materials? See 36 CFR part 1275, Preservation and Protection of and Access to the Presidential Historical Materials of the Nixon Administration, for the rules for access to Nixon Presidential materials. Subpart B--Access to Federal Archival Records Sec. 1256.20 May I obtain access to Federal archival records? (a) Most Federal archival records are open for research without submitting a Freedom of Information Act (FOIA) request. Part 1254 specifies procedures for using unrestricted records in a NARA research room, submitting reference requests, and ordering copies of records. (b) Some records are subject to restrictions prescribed by statute, Executive Order, or by restrictions specified in writing in accordance with 44 U.S.C. 2108 by the agency that transferred the records to the National Archives of the United States. All agency-specified restrictions must comply with the FOIA. Even if the records are not national-security classified, we must screen some records for other information exempt from release under the FOIA. Sec. 1256.22 How do I request access to restricted information in Federal archival records? (a) You may file a FOIA request. To request access under the provisions of the FOIA, see part 1250 of this chapter, Public Availability and Use of Federal Records. (b) For classified information in Federal records, you may file a FOIA request or a mandatory review request under Executive Order 12958, as amended, as described in Sec. 1256.74. Sec. 1256.24 How long may access to some records be denied? (a) Although many records are open for research, some records are closed for long periods, either under our general restrictions, described in subpart D of this part, or another governing authority. For example, in accordance with 44 U.S.C. 2108(b), we do not grant access to restricted census and survey records of the Bureau of the Census less than 72 years old containing data identifying individuals enumerated in population censuses. (b) Screening records takes time. We screen records as soon as possible and can often make most of the records in which you are interested available. In the case of electronic structured databases, NARA can make a copy of records with restricted information masked. In response to FOIA requests for records in other media, we make a copy of the record available if we can mask or ``redact'' restricted information. Sec. 1256.26 When can I appeal decisions about access to Federal archival records? (a) For information on filing appeals for requests made under the FOIA, see 36 CFR part 1250, subpart D, Appeals. (b) For information on filing appeals for requests made under mandatory review, see Sec. 1260.54 of this chapter. Sec. 1256.28 Does NARA make any exceptions for access to records containing privacy-restricted information? (a) NARA policy. Access to archival records containing information access to which would invade the privacy of an individual is restricted by Sec. 1256.56. (1) NARA may authorize access to such records for the purpose of research to qualified persons doing biomedical or social science research under the conditions outlined in this section as long as the records do not also contain information restricted by statute or national security-classified information. (2) If NARA is able to make a copy of such records with all personal identifiers masked or deleted, NARA will make such a ``sanitized'' copy of the record available to all researchers in accordance with Sec. 1256.24. (3) NARA will not grant access to restricted census and survey records of the Bureau of the Census less than 72 years old containing data identifying individuals enumerated in population censuses in accordance with 44 U.S.C. 2108(b). (b) Request for access. Researchers who wish to have access to records restricted by Sec. 1256.56 to conduct biomedical or social science research must submit a written request to the NARA FOIA/Privacy Act Officer (NGC), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. OMB control number 3095-0002 has been assigned to this collection of information requirement. Researchers are encouraged to consult informally with NARA before submitting the formal request. The request must include the following information: (1) Name and mailing address; (2) Institutional affiliation and position, if applicable; (3) List of published research, if applicable; (4) References from two persons who have first-hand knowledge of the requester's qualifications to perform the research; (5) A statement of the nature of the research to be conducted and any plans for publication or presentation of the research findings; (6) A listing of all sources of grant funds supporting the research project or its publication; (7) A statement of the methodology to be used; (8) A statement of the administrative, technical, and physical safeguards to be employed by the researcher to prevent unauthorized use or disclosure of the records; (9) A listing of the record groups and series titles to be used; and (10) A statement that the researcher will abide by the conditions of access to be prescribed by NARA and that the researcher will assume responsibility for the action of all persons working with the researcher on the project. (c) Access Review Committee. Requests made under paragraph (b) of this section will be reviewed by NARA's Access Review Committee, which is composed of the Deputy Archivist of the United States, the Assistant Archivist for the Office of Records Services--Washington, DC, the Assistant Archivist for the Official of Regional Records Services, and the director(s) of the NARA division(s) that has custody of the requested records. The Committee may consult other persons within and outside the Federal Government who are knowledgeable in the research field for assistance in evaluating a request. (1) The Committee will examine the request to determine whether: (i) The requested information is of such a highly sensitive personal nature that disclosure must not be permitted even for biomedical or social science research; (ii) The methodology proposed by the requester will permit the researcher to obtain the projected research results without revealing personally identifying information; [[Page 39327]] (iii) The research results are intended to be published or presented at an academic or research conference; (iv) The requester is a biomedical or social science researcher who has previous research experience and has submitted or intends to submit articles or books on such research for publication; (v) The safeguards proposed by the requester will adequately protect the personal information; and (vi) NARA has sufficient staff and space available to safeguard privacy interests necessary to accommodate the research project. (2) The decision of the Committee will be made in writing to the requester within 15 workdays after receipt of a completed request. At the discretion of the Committee, the researcher may meet with the Committee to discuss the project or to discuss revising the research proposal to meet possible objections of the Committee. (d) Conditions of access. Researchers who are granted access to restricted records, all others associated with the research project who will have access to personally identifiable information from the records, and the manager of any facility handling the records containing personal identifiers must agree in writing to maintain the confidentiality of the information and to adhere to the conditions of access imposed by NARA. NARA will impose the following conditions of access on any project; additional conditions may be imposed on the use of specific records or on specific projects: (1) The records may be used only for the purpose of the research and for the reporting of research findings as described in the approved research project. The records may not be used for any other purpose; (2) The records and any authorized copies of records may not be transferred to any person or institution not directly involved with the approved research project and subject to a written agreement to maintain confidentiality specified in Sec. 1256.28(d); (3) Reasonable administrative, technical, and physical safeguards, as approved by NARA, to prevent unauthorized use or disclosure of the records must be established by the researcher and followed by all persons associated with the project; (4) When required by NARA, the records must be consulted at the NARA facility where the records are located; (5) The researcher's notes must not contain any individually identifiable information. The researcher must use an alternate code system to render personally identifiable information as anonymous in all research notes; (6) Persons who are identified in the records may not be contacted by or on behalf of the researcher; (7) Before publication or public presentation of the data, the final research product(s) must be provided to the Deputy Archivist of the United States for review. NARA's review is limited to ensuring that there is no possible identification of individuals in the research findings. NARA will not evaluate the validity of the research findings. (e) Noncompliance with conditions of access. If we discover that a researcher has violated any of the conditions of access, we will take steps to revoke the NARA research privileges of that person and will consult with NARA's General Counsel or his or her designee to determine any other steps to be taken to prevent any further disclosure of the personal information concerned. NARA may also inform the following persons and organizations of the researcher's failure to follow the conditions of use: (1) The institution with which the researcher is affiliated, if applicable; (2) Persons who served as references in the application for access; (3) Organizations that provided grant funds for the project; (4) The sponsor of the publication or public presentation; and (5) Appropriate professional organizations. Subpart C--Access to Donated Historical Materials Sec. 1256.30 How do I obtain access to donated historical materials? NARA encourages researchers to confer about donated historical materials with the appropriate director or reference staff member at the facilities listed in part 1253 of this chapter. Some donated historical materials have restrictions on their use and availability as stated in writing by the donors in the Donor's Deed of Gift. Some may have other restrictions imposed by statute or Executive Order. If warranted, the Archivist may apply general restrictions to donated materials even when not specified in the donor's deed of gift. NARA staff can assist you with questions about restrictions or copyright protection that may apply to donated materials. See Sec. 1256.36 for information on appealing closure of donated materials and subpart D of this part for information about general restrictions. Sec. 1256.32 How do I request access to restricted information in donated historical materials? (a) At Presidential libraries and regional archives, you may write to the appropriate director at the facilities in part 1253 of this chapter. In the Washington, DC, area, you may write to the Director of Access Programs (NWC) for donated textual materials or the Director of Modern Records Programs (NWM) for donated electronic records. The mailing address for NWC and NWM is Office of Records Services-- Washington, DC, 8601 Adelphi Road, College Park, MD 20740-6001. (b) You may request a review of documents restricted under terms of a donor's deed of gift or other legal instrument to determine whether the conditions originally requiring the closure still exist. Your request must describe each document requested so that the staff can locate it with a reasonable amount of effort. For files that NARA previously screened, you may cite the reference to the withheld document as it appears on the withdrawal sheet. (c) In many instances, the director or his or her designated representative will determine whether entire documents or portions of them can be opened. However, a donor or his or her representative reserves the right to determine whether the donor's materials, a series, or a document or portions of it should remain closed (see Sec. 1256.36). (d) For classified information in donated historical materials, you may file a mandatory review request under Executive Order 12958, as amended, as described in Sec. 1256.74. Sec. 1256.34 How long may access to some donated historical materials be denied? Some donated historical materials are closed for long periods, either under the provisions of the deed of gift, our general restrictions described in subpart D of this part, or another governing authority. We are sometimes able to make a copy of materials with restricted information redacted. Sec. 1256.36 When can I appeal decisions about access to donated historical materials? (a) If you wish to appeal a denial of access from the director or his designated representative in implementing the provisions of a donor's deed of gift, you may write a letter addressed to the Deputy Archivist of the United States, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. The Deputy Archivist, the [[Page 39328]] Assistant Archivist for Presidential Libraries, and the Assistant Archivist for Records Services--Washington, DC, or their designated representatives, compose the Board of Review for appeals relating to donated historical materials. (b) The board's decision is final. If the board cannot make a determination on your request within 30 working days of receipt, NARA informs you of the reason for the delay. If the board determines that a document should remain closed, you may not file a new appeal for two years. Similarly, you may not file an appeal on documents in collections that have been open for research for less than 2 years. (c) In some cases, the donor or his representative may reserve the right to determine whether the donor's materials, a series, or a document or portions of it should remain closed; you cannot appeal such decisions. (d) For information on filing appeals for requests made under mandatory review of White House originated information, see Sec. 1260.62 of this chapter. Subpart D--General Restrictions Sec. 1256.40 What are general restrictions? General restrictions apply to certain kinds of information or classes of records, regardless of the record group to which the records have been allocated. These general restrictions may apply to records and materials not covered by the Freedom of Information Act. The general restrictions are listed and explained in Sec. Sec. 1256.46 through 1256.62. Sec. 1256.42 Who imposes general restrictions? The Archivist of the United States imposes all general restrictions in accordance with 5 U.S.C. 552, as amended, and 44 U.S.C. 2107(4), 2108, and 2111. Sec. 1256.44 Does NARA ever waive general restrictions? NARA may provide access to records withheld under a general restriction only to: (a) NARA employees for work purposes; (b) The creating agency or its authorized agent in the conduct of agency business; (c) The donor, in the case of donated historical materials; or (d) The subject of the records in some cases or the subject's authorized agent. Sec. 1256.46 National security-classified information. In accordance with 5 U.S.C. 552(b)(1), NARA cannot disclose records containing information regarding national defense or foreign policy that is properly classified under the provisions of the pertinent Executive Order on Classified National Security Information and its implementing directive (Executive Order 12958, as amended). Sec. 1256.48 Information about internal agency rules and practices. (a) NARA may withhold from disclosure, in accordance with 5 U.S.C. 552(b)(2), the following: (1) Records that contain information on substantial internal matters of agencies that, if disclosed, could risk circumvention of a legal requirement, such as a statute or an agency regulation. (2) Records containing information that states or assesses an agency's vulnerability to outside interference or harm. NARA withholds records that identify agency programs, systems, or facilities deemed most sensitive. NARA also withholds records describing specific measures that can be used to counteract such agency vulnerabilities. (b) The Archivist of the United States may determine that this general restriction does not apply to specific records because enough time has passed that agency statutes or regulations would not be compromised and programs, systems, and facilities would not be harmed. Sec. 1256.50 Information exempted from disclosure by statute. In accordance with 5 U.S.C. 552(b)(3), NARA withholds records containing information that is specifically exempted from disclosure by statute when that statute: (a) Requires withholding information from the public, leaving no discretion; or (b) Establishes particular criteria for withholding or refers to particular types of matters to be withheld. Sec. 1256.52 Trade secrets and commercial or financial information. In accordance with 5 U.S.C. 552(b)(4), NARA may withhold records that contain trade secrets and commercial or financial information, obtained from a person, that is privileged or confidential. Such records may be disclosed only if: (a) The person who provided the information agrees to its release; or (b) In the judgment of the Archivist of the United States, enough time has passed that release of the information would not result in substantial competitive harm to the submitter of the information. See 36 CFR 1250.82 for additional regulatory guidance. Sec. 1256.54 Inter- and intra-agency memoranda (subject to privilege). (a) In accordance with 5 U.S.C. 552(b)(5), NARA may withhold information found in inter-agency or intra-agency records if that information is subject to a legally recognized privilege, including the: (1) Deliberative process privilege; (2) Attorney work product privilege; and (3) Attorney-client privilege. (b) The Archivist of the United States may determine that this general restriction does not apply to specific records because enough time has passed that release of the information would not result in the harm that the privilege was intended to protect or confidential attorney-client communications. Sec. 1256.56 Information that would invade the privacy of a living individual. (a) In accordance with 5 U.S.C. 552(b)(6), NARA will withhold records in personnel and medical and similar files containing information about a living individual that reveals details of a highly personal nature that, if released, would cause a clearly unwarranted invasion of personal privacy. Privacy information may include, but is not limited to, information about the physical or mental health or the medical or psychiatric care or treatment of the individual, and that: (1) Contains personal information not known to have been previously made public, and (2) Relates to events less than 75 years old. (b) The Archivist of the United States may determine that this general restriction does not apply to: (1) Specific records because enough time has passed that the privacy of living individuals is not compromised; or (2) Researchers for the purpose of biomedical and social science research when such researchers have provided NARA with adequate written assurance that the record(s) will be used solely as a research or reporting record and that no individually identifiable information will be disclosed. Sec. 1256.58 Information related to law enforcement investigations. (a) In accordance with 5 U.S.C. 552(b)(7), NARA will withhold records compiled for law enforcement purposes. Unless otherwise determined by the Archivist in accordance with paragraph (b) of this section, records compiled for [[Page 39329]] law enforcement purposes may be disclosed only if all of the following conditions are met: (1) The release of the information does not interfere with law enforcement proceedings; (2) The release of the information would not deprive a person of a right to a fair trial or an impartial adjudication; (3) The release of the information would not constitute an unwarranted invasion of personal privacy; (4) Confidential sources and information provided by a confidential source are not revealed; (5) Confidential investigation techniques are not described; and (6) Release of the information would not endanger the life or physical safety of any person. (b) The Archivist of the United States may determine that this general restriction does not apply to specific records because enough time has passed that: (1) The safety of persons is not endangered, and (2) The public interest in disclosure outweighs the continued need for confidentiality. Sec. 1256.60 Information relating to financial institutions. (a) In accordance with 5 U.S.C. 552(b)(8), NARA may withhold information in records contained in or relating to the examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions. (b) The Archivist of the United States may determine that this general restriction does not apply to specific records because enough time has passed that current financial information is not compromised. Sec. 1256.62 Geological and geophysical information relating to wells. (a) In accordance with 5 U.S.C. 552(b)(9), NARA may withhold information in records that relates to geological and geophysical information and data, including maps, concerning wells. (b) The Archivist of the United States may determine that this general restriction does not apply to specific records because enough time has passed that current proprietary rights are not compromised. Subpart E--Access to Materials Containing National Security- Classified Information Sec. 1256.70 What controls access to national security-classified information? (a) The declassification of and public access to national security- classified information, hereinafter referred to as ``classified information'' is governed by Executive Order 12958 of April 17, 1995 (3 CFR, 1995 Comp., p. 333) and as amended by Executive Order 13292 of March 25, 2003 (68 FR 15315, 3 CFR, 2003 Comp. 196), 32 CFR part 2001, and the Freedom of Information Act (5 U.S.C. 552, as amended). (b) Public access to documents declassified in accordance with this regulation may be restricted or denied for other reasons under the provisions of 5 U.S.C. 552(b) for accessioned agency records; Sec. Sec. 1256.30 through 1256.36 of this part for donated historical materials; 44 U.S.C. 2111, 44 U.S.C. 2201 et seq., and 36 CFR part 1270 for Presidential records; and 44 U.S.C. 2111 note and 36 CFR part 1275 for Nixon Presidential materials. Sec. 1256.72 What are FOIA requests and mandatory review requests? (a) You may file a FOIA request for Executive Branch agency records, regardless of whether they contain classified information. The FOIA also applies to Presidential records as cited in Sec. 1256.74(b). The FOIA does not apply to records of the Judicial and Legislative Branches or to donated historical materials. (b) You may only file a mandatory review request if the records contain classified information. NARA handles mandatory review requests for records we hold for the Executive, Judicial, and Legislative Branches as well as donated historical materials under E.O. 12958, as amended, section 3.5. Sec. 1256.74 How does NARA process Freedom of Information Act (FOIA) requests for classified information? (a) NARA processes FOIA requests for access to classified information in Federal records in accordance with the provisions of 36 CFR part 1250. Time limits for responses to FOIA requests for classified information are those provided in the FOIA, rather than the longer time limits provided for responses to mandatory review requests specified by Executive Order 12958, Classified National Security Information (3 CFR, 1995 Comp., p. 333), as amended by Executive Order 13292 (68 FR 15315, 3 CFR, 2003 Comp., p. 196). (b) NARA processes requests for access to classified information in Presidential records under the FOIA and the Presidential Records Act (PRA) in accordance with the provisions of part 1270 of this chapter. Time limits for responses to FOIA requests for classified information are those provided in the FOIA, the PRA, and Executive Order 13233, Further Implementation of the Presidential Records Act (3 CFR, 2001 Comp., p. 815). Sec. 1256.76 How do I request mandatory review of classified information under Executive Order 12958, as amended? (a) You may request mandatory review of classified information that is in the legal custody of NARA, as well as in legislative and judicial records NARA holds. Your mandatory review request must describe the document or material containing the information with sufficient specificity to enable NARA to locate it with a reasonable amount of effort. When possible, a request must include the name of the originator and recipient of the information, as well as its date, subject, and file designation. Information we reviewed within the previous 2 years is not subject to mandatory review. We notify you if this provision applies to your request. (b) You must address your mandatory review request to the appropriate staff in the following table. ------------------------------------------------------------------------ . . . then address your request If the documents are . . . to ------------------------------------------------------------------------ (1) Presidential records and donated The appropriate library cited historical materials at a Presidential in 36 CFR part 1253. library. (2) Nixon Presidential materials....... Director, Nixon Presidential Materials Staff (NLNS), 8601 Adelphi Road, College Park, MD 20740-6001. (3) Presidential materials maintained Director, Presidential in the Washington, DC, area. Materials Staff (NLMS), 700 Pennsylvania Avenue, NW., Washington, DC 20408. (4) Federal records, donated historical Chief, Special Access/FOIA materials related to Federal records, Staff (NWCTF), 8601 Adelphi judicial records, legislative records Road, College Park, MD 20740- maintained in the Washington, DC, area. 6001. (5) Federal records and judicial The appropriate regional records maintained at a regional archives cited in 36 CFR part archives. 1253. ------------------------------------------------------------------------ [[Page 39330]] Sec. 1256.78 How does NARA handle my mandatory review request? (a) You may find our procedures for mandatory review and appeals of denials in part 1260 of this chapter, Declassification of National Security Information. (1) When agencies provide declassification guidance and delegate declassification authority to the Archivist of the United States, NARA reviews for declassification and releases the requested information or those declassified portions of the request that constitute a coherent segment unless withholding is otherwise warranted under applicable law. (2) When we do not have guidance from agencies, we coordinate the declassification review with the original classifying agency or agencies under the provisions of part 1260, subchapter D of this chapter. (b) If we cannot identify the information you seek from the description you provide or if the volume of information you seek is so large that processing it would interfere with our capacity to serve all requesters on an equitable basis, we notify you that, unless you provide additional information or narrow the scope of your request, we cannot take further action. Sec. 1256.80 How does NARA provide classified access to historical researchers and former Presidential appointees? (a) In accordance with the requirements of section 4.4 of E.O. 12958, as amended, we may grant access to classified information to certain eligible persons. These persons are engaged in historical research projects or previously occupied policy-making positions to which they were appointed by the President. If you seek permission to examine materials under this special historical researcher/Presidential appointees access program, you must contact NARA in advance. We need at least 4 months before you wish to have access to the materials to permit time for the responsible agencies to process your request for access. If you seek access to classified Presidential records under section 4.4 of E.O. 12958, you must first qualify under special access provisions of 44 U.S.C. 2205. NARA informs you of the agencies to which you have to apply for permission to examine classified information, including classified information originated by the White House or classified information in the custody of the National Archives which was originated by a defunct agency. (b) You may examine records under this program only after the originating or responsible agency: (1) Determines in writing that access is consistent with the interest of national security; and (2) Takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with Executive Order 12958, as amended. (c) The originating or responsible agency limits the access granted to former Presidential and Vice Presidential appointees to items that the person originated, reviewed, signed, or received while serving as an appointee. (d) To protect against the possibility of unauthorized access to restricted documents, a director may issue instructions supplementing the research room rules provided in 36 CFR part 1254. Subpart F--Domestic Distribution of United States Information Agency Audiovisual Materials in the National Archives of the United States Sec. 1256.90 What does this subpart cover? This subpart contains procedures governing the public availability of audiovisual records and other materials subject to 22 U.S.C. 1461(b) that have been transferred to the National Archives of the United States by the United States Information Agency (USIA). Sec. 1256.92 What is the purpose of this subpart? This subpart implements section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), as amended by section 202 of Public Law 101-246 (104 Stat. 49, Feb. 16, 1990). This subpart also outlines procedures that permit the public to inspect and obtain copies of USIA audiovisual records and other materials in the United States that were prepared for dissemination abroad and that have been transferred to NARA for preservation and domestic distribution. Sec. 1256.94 Definition. For the purposes of this subpart, ``Audiovisual records'' mean motion picture films, videotapes, and sound recordings, and other materials regardless of physical form or characteristics that were prepared for dissemination abroad. Sec. 1256.96 What provisions apply to the transfer of USIA audiovisual records to the National Archives of the United States? The provisions of 44 U.S.C. 2107 and 36 CFR part 1228 apply to the transfer of USIA audiovisual records to NARA, and to their deposit with the National Archives of the United States. At the time the audiovisual records are transferred to NARA, the Director of USIA, in accordance with Sec. 1228.266(e) of this chapter, will also transfer any production or title files bearing on the ownership of rights in the productions in connection with USIA's official overseas programming. Sec. 1256.98 Can I get access to and obtain copies of USIA audiovisual records transferred to the National Archives of the United States? NARA provides access to USIA audiovisual records after the appropriate time period of restriction has passed. (a) No USIA audiovisual records in the National Archives of the United States that were prepared for dissemination abroad are available for copying until at least 12 years after USIA first disseminated these materials abroad, or, in the case of materials prepared for foreign dissemination but not disseminated abroad, until at least 12 years after the preparation of the materials. (b) If the appropriate time has passed, you may have access to USIA audiovisual records that do not have copyright protection and do not contain copyright material. USIA audiovisual records prepared for dissemination abroad that NARA determines do not have copyright protection nor contain copyrighted material are available for examination and copying as described in the regulations in parts 1252, 1253, 1254, 1256, and 1258 of this chapter. To determine whether materials have copyright protection or contain copyrighted material, NARA relies on information contained within or fastened to individual records (for example, copyright notices); information contained within relevant USIA production, title, or other files that USIA transferred to NARA; information provided by requesters under Sec. 1256.100(b) (for example, evidence from the Copyright Office that copyright has lapsed or expired); and information provided by copyright or license holders. Sec. 1256.100 What is the copying policy for USIA audiovisual records that either have copyright protection or contain copyrighted material? If the appropriate time has passed, as stated in Sec. 1256.98(a), USIA audiovisual records that either have copyright protection or contain copyrighted material may be copied as follows: (a) USIA audiovisual records prepared for dissemination abroad that NARA determines may have copyright protection or may contain copyrighted material are made available for [[Page 39331]] examination in NARA research facilities as described in the regulations in this title. (b) Copies of USIA audiovisual records prepared for dissemination abroad that NARA determines may have copyright protection or may contain copyrighted material are provided to you if you seek the release of such materials in the United States once NARA has: (1) Ensured, as described in paragraph (c) of this section, that you have secured and paid for necessary United States rights and licenses; (2) Been provided with evidence from the Copyright Office demonstrating that copyright protection in the materials sought, or relevant portions in the materials, has lapsed or expired; or (3) Received your signed certification in accordance with paragraph (d) of this section that you will use the materials sought only for purposes permitted by the Copyright Act of 1976, as amended, including the fair use provisions of 17 U.S.C. 107. No copies of USIA audiovisual records will be provided until the fees authorized under part 1258 of this chapter have been paid. (c) If NARA determines that a USIA audiovisual record prepared for dissemination abroad may have copyright protection or may contain copyrighted material, you may obtain copies of the material by submitting to NARA written evidence from all copyright and license owner(s) that any necessary fees have been paid or waived and any necessary licenses have been secured. (d) If NARA has determined that a USIA audiovisual record prepared for dissemination abroad may have copyright protection or may contain copyrighted material, persons seeking the release of such material in the United States may obtain copies of the material by submitting to NARA the following certification statement: I, (printed name of individual), certify that my use of the copyrighted portions of the (name or title and NARA identifier of work involved) provided to me by the National Archives and Records Administration (NARA), will be limited to private study, scholarship, or research purposes, or for other purposes permitted by the Copyright Act of 1976, as amended. I understand that I am solely responsible for the subsequent use of the copyrighted portions of the work identified above. (e) In every instance where NARA provides a copy of an audiovisual record under this subpart, and NARA has determined that the work reproduced may have copyright protection or may contain copyrighted material, NARA must provide you with a warning notice of copyright. (f) Nothing in this section limits NARA's ability to make copies of USIA audiovisual records for preservation, arrangement, repair and rehabilitation, description, exhibition, security, or reference purposes. Sec. 1256.102 What fees does NARA charge? Copies of audiovisual records will only be provided under this subpart upon payment of fees in accordance with 44 U.S.C. 2116(c) and 22 U.S.C. 1461(b)(3). See Sec. 1258.4(b) for additional information. Dated: June 24, 2004. John W. Carlin, Archivist of the United States. [FR Doc. 04-14754 Filed 6-29-04; 8:45 am] BILLING CODE 7515-01-P ---------------------------------------------------------------------- [Federal Register: June 30, 2004 (Volume 69, Number 125)] [Rules and Regulations] [Page 39313-39324] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30jn04-1] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== [[Page 39313]] NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Parts 1254 and 1284 RIN 3095-AB10 Revision of NARA Research Room Procedures AGENCY: National Archives and Records Administration (NARA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NARA has revised its regulations on research room procedures to incorporate several changes, and also to clarify it using plain language. In addition, information about the loan of archival materials for exhibits has been moved to 36 CFR part 1284. This rule affects the public. DATES: Effective Date: July 30, 2004. FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1801. SUPPLEMENTARY INFORMATION: The proposed rule was published in the March 31, 2004, Federal Register (69 FR 16863) for a 60-day public comment period. NARA notified several researcher organizations about the proposed rule. A copy of the proposed rule was also posted on the NARA Web site and in onsite research rooms in NARA facilities. NARA received two responses to the proposed rule from the public. The majority of the proposed rule was dedicated to NARA's research room rules nationwide in part 1254. The proposed rule also included in part 1254 NARA's policy about private microfilming of archival materials. The proposed rule further proposed to change our regulations by moving our policy on loaning archival materials for exhibits to part 1284. One member of the public suggested that NARA issue identification cards with fingerprints and photographs to researchers using original materials. NARA already issues photo identification cards in locations containing the largest volume and most heavily consulted historical materials. We may be able to implement photo identification cards in other NARA facilities and may do so when practicable. We do not have legal authority to take fingerprints from the public, however, and did not adopt that recommendation. One member of the public commented that NARA should not have detailed regulations but rather provide discretion to NARA managers in how to operate research rooms under their jurisdiction. We did not adopt this comment. While managers may have some latitude in making decisions based on local circumstances, NARA believes that having research room rules codified in regulations is a public service to help provide a common understanding among our users. One member of the public suggested that NARA encourage the use of digital cameras and discourage personal copiers. Our foremost concern about the creation of any copies of historical materials is with the preservation of the originals. As long as the equipment and the conditions of its use complies with NARA's need to preserve the original materials, researchers may use the equipment that meets their needs. One public commenter urged NARA to have private microfilmers create microfilm publications or copies by digitally scanning original historical materials, rather than filming materials with conventional microfilm methods. The commenter argued that scanning first produces superior quality microfilm than conventional filming. The commenter also believed that the regulations ought to indicate when documents should be scanned first and include technical requirements for scanning equipment and the microfilm produced from the scanners. In addition, the commenter said that NARA should require that vendors produce copies of all digital files for NARA use, including posting on its Web site. In the proposed rule, we indicated our intention to retain the subpart outlining our policies for private microfilming of records and donated historical materials in our custody without substantive change. We intend to address private scanning and digitizing project requests in a future rulemaking. One public commenter pointed out that some of the information about microfilm and copyright needed clarification. In Sec. 1254.98, the publisher does not need to do anything to have its work protected by copyright law because any new information added to the filmed documents is automatically protected. The publisher can only claim copyright to its own material added to the film; NARA documents in the public domain remain in the public domain, as indicated in Sec. 1254.96. The commenter also said that NARA needs to claim a royalty-free worldwide license to not only sell copies of the publication, but also to reproduce, distribute, display images, print from, digitize, and prepare derivative works from the copyright-protected portions after 7 years. We agreed that the language in Sec. 1254.98 needed some clarification for better reader understanding and made some necessary changes. We removed language implying that a microfilm publisher must apply for copyright protection. We also clarified NARA's rights to subsequent use of any publication in Sec. 1254.98 and related text in Sec. Sec. 1254.100(g)(1) and 1254.100(g)(2). We proposed moving the existing Sec. 1254.1(f) on the loan of NARA archival materials to other institutions for exhibit purposes to part 1284 of this chapter. One commenter said that NARA should lend documents to other archival institutions for research use. We did not adopt this comment. While NARA has recognized the benefits of making historical materials available through loan to other institutions temporarily for exhibit purposes, we do not generally make temporary loans for research purposes--even to Federal agencies for reference purposes as indicated at Sec. 1228.280. This final rule is not a significant regulatory action for the purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget (OMB). As required by the Regulatory Flexibility Act, it is hereby certified that this final rule will not have a significant impact on a substantial number of small entities because this rule applies to individual researchers. This final rule contains two information collections previously approved by OMB. This final rule does not have any federalism implications. [[Page 39314]] This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. List of Subjects 36 CFR Part 1254 Archives and records, Micrographics. 36 CFR Part 1284 Archives and records, Federal buildings and facilities. 0 For the reasons set forth in the preamble, NARA amends chapter XII of title 36 of the Code of Federal Regulations as follows: 0 1. Revise Part 1254 to read as follows: PART 1254--USING RECORDS AND DONATED HISTORICAL MATERIALS Subpart A--General Information Sec. 1254.1 What kinds of archival materials may I use for research? 1254.2 Does NARA provide information about documents? 1254.4 Where and when are documents available to me for research? 1254.6 Do I need a researcher identification card to use archival materials at a NARA facility? 1254.8 What information do I need to provide when applying for a researcher identification card? 1254.10 For how long and where is my researcher identification card valid? 1254.12 Will NARA log or inspect my computer, other equipment, and notes? 1254.14 Are some procedures in regional archives and Presidential libraries different from those in the Washington, DC, area? Subpart B--Research Room Rules General Procedures 1254.20 What general policies apply in all NARA facilities where archival materials are available for research? 1254.22 Do I need to register when I visit a NARA facility for research? 1254.24 Whom does NARA allow in research rooms? 1254.26 What can I take into a research room with me? 1254.28 What items are not allowed in research rooms? 1254.30 Does NARA provide any supplies? 1254.32 What rules apply to public access use of the Internet on NARA-supplied computers? Rules Relating To Using Original Documents 1254.34 What are my responsibilities when using documents? 1254.36 What care must I take when handling documents? 1254.38 How do I keep documents in order? 1254.40 How does NARA prevent removal of documents? Rules Relating To Using Microfilm 1254.42 What are the rules that apply to using self-service microfilm? 1254.44 How long may I use a microfilm reader? Other Conduct Rules 1254.46 Are there other rules of conduct that I must follow? 1254.48 When does NARA revoke research privileges? 1254.50 Does NARA consider reinstating research privileges? 1254.52 Can NARA extend the period of revoked research privileges? Subpart C--Copying Archival Materials General Information 1254.60 What are NARA's copying services? 1254.62 Does NARA have archival materials protected by copyright? 1254.64 Will NARA certify copies? Rules Relating To Self-Service Copying 1254.70 How may I make my own copies of documents? 1254.72 What procedures do I follow to copy documents? 1254.74 What documents are unsuitable for copying on a self-service or personal copier or scanner? 1254.76 What procedures do I follow to copy formerly national security-classified documents? Rules Relating To Using Copying Equipment 1254.80 Does NARA allow me to use scanners or other personal copying equipment? 1254.82 What limitations apply to my use of self-service card- operated copiers? 1254.84 How may I use a debit card for copiers in the Washington, DC, area? 1254.86 May I use a personal paper-to-paper copier at the National Archives at College Park? 1254.88 What are the rules for the Motion Picture, Sound, and Video Research Room at the National Archives at College Park? Subpart D--Microfilming Archival Materials 1254.90 What is the scope of this subpart? 1254.92 How do I submit a request to microfilm records and donated historical materials? 1254.94 What must my request include? 1254.96 What credits must I give NARA? 1254.98 May NARA make subsequent use of my publication? 1254.100 How does NARA evaluate requests? 1254.102 What requests does NARA not approve? 1254.104 How does NARA determine fees to prepare documents for microfilming? 1254.106 What are NARA's equipment standards? 1254.108 What are NARA's requirements for the microfilming process? 1254.110 Does NARA ever rescind permission to microfilm? Authority: 44 U.S.C. 2101-2118. Subpart A--General Information Sec. 1254.1 What kinds of archival materials may I use for research? (a) The National Archives and Records Administration (NARA) preserves records of all three branches (Executive, Legislative, and Judicial) of the Federal Government in record groups that reflect how government agencies created and maintained them. Most of these records are of Executive Branch agencies. We also have individual documents and collections of donated historical materials that significantly supplement existing records in our custody or provide information not available elsewhere in our holdings. Descriptions of many of our records are available through our Web site, http://www.archives.gov. (b) We provide information about records and we make them available to the public for research unless they have access restrictions. Some records may be exempt from release by law. Donors may apply restrictions on access to historical materials that they donate to NARA. Access restrictions are further explained in part 1256 of this chapter. We explain procedures for obtaining information about records in Sec. 1254.2. (c) In addition to traditional paper (textual) materials, our holdings also include special media materials such as microfilm, still pictures, motion pictures, sound and video recordings, cartographic and architectural records, and electronic records. The majority of these materials are housed at the National Archives at College Park, 8601 Adelphi Road, College Park, MD 20740-6001. Many of these types of materials also are represented in the holdings of our Presidential libraries and our regional archives facilities listed in part 1253 of this chapter. (d) The majority of our archival materials are 30 years old or older. (e) Records creating agencies hold the legal title and control access to records housed in NARA records centers. Our procedures to obtain access to these records are in Sec. 1256.2. Sec. 1254.2 Does NARA provide information about documents? (a) Upon request, we provide overall information about our holdings or about specific documents, if the time required to furnish the information is not excessive and if the information is not restricted (see part 1256 of this chapter). For anyone unable to visit, we may provide information contained in specific documents by offering copies of the documents for a fee (see Sec. 1254.60). (b) Requests must be on designated forms when we require them. The Office [[Page 39315]] of Management and Budget (OMB) approves these forms as information collections and the forms bear the approved control number. (c) If requests that we receive in the normal course of reference service do not specifically cite the Freedom of Information Act (5 U.S.C. 552, as amended), we do not consider those requests made under the Act. To make a request under the Act, follow the procedures in part 1250 of this chapter. Sec. 1254.4 Where and when are documents available to me for research? (a) You may obtain general information about the location of records by visiting the NARA Web site at http://www.archives.gov; writing to the National Archives and Records Administration (NWCC2), 8601 Adelphi Road, College Park, MD 20740-6001; completing our Inquire form at http://www.archives.gov/global_pages/inquire_form.html; sending a fax request to (301) 837-0483; or calling (202) 501-5400, (301) 837-2000, or toll free (866) 272-6272. (b) The locations and hours of operation (expressed in local time) of NARA's research rooms are shown in part 1253 of this chapter. Contact our facilities directly for information about their particular holdings. A facility or unit director may authorize that documents be made available at times other than the times specified in part 1253. (c) Before planning a visit, contact the facility holding materials of potential interest to determine whether the documents are available, whether there are enough documents to warrant a visit, or whether ordering copies would be more practical. (d) In addition to the procedures in this part, researchers who wish to use archival materials that contain national security classified information must follow procedures in part 1256 of this chapter. Sec. 1254.6 Do I need a researcher identification card to use archival materials at a NARA facility? (a) Yes, you need a researcher identification card to use original archival materials at a NARA facility. See Sec. Sec. 1254.8 and 1254.10 for information on obtaining a card. (b) You also need a researcher identification card if you wish to use only microfilm copies of documents in a NARA facility where the microfilm research room is not separate from textual research rooms. (c) If you are using only microfilm copies of records in the National Archives Building and some regional archives where the microfilm research room is separate from textual research rooms, you do not need an identification card but you must register as described in Sec. 1254.22. Sec. 1254.8 What information do I need to provide when applying for a researcher identification card? (a) You must apply in person and show identification containing your picture or physical description, such as a driver's license or school identification card. You also must provide proof of your current address, such as a bank statement, utility bill, or department of motor vehicles change of address card, if the address on your driver's license or other identification is not current. Students who consider the home of their parents as their permanent address, but who do not live there during the academic session, must provide their current student address. If you travel long distance to conduct research in original archival materials at a NARA facility, we may ask you how we can contact you locally. In special circumstances, the director of a facility or unit has the authority to grant exceptions to these requirements. (b) If you apply for access to large quantities of documents or to documents that are especially fragile or valuable, we may require you to furnish additional information about reasons why you require access. Some materials are too fragile or valuable for direct handling or viewing. Preservation concerns (see Sec. Sec. 1254.20(b) and 1254.36(e)) and availability of resources (see Sec. 1254.20(c)) may limit our ability to accommodate certain requests. (c) If you are younger than 14, you must follow the procedures in Sec. 1254.24 to seek permission to conduct research. (d) We do not issue you a researcher identification card if the appropriate supervisor or director of the NARA facility determines that the documents that you wish to use are not in the legal custody of NARA and you do not present appropriate written authorization from the legal title holder to examine the documents. (e) The collection of information contained in this section has been approved by the Office of Management and Budget with the control number 3095-0016. Sec. 1254.10 For how long and where is my researcher identification card valid? (a) Your card is valid for 1 year and may be renewed. Cards we issue at one NARA facility are valid at each facility, except as described in paragraph (b) of this section. Cards are not transferable and you must present your card if a guard or research room attendant requests to see it. (b) At NARA facilities in the Washington, DC, area and other NARA facilities that issue and use plastic researcher identification cards as part of their security systems, NARA issues a plastic card to replace the paper card issued at some NARA facilities at no charge. The plastic card is acceptable at all NARA facilities. Sec. 1254.12 Will NARA log or inspect my computer, other equipment, and notes? (a) If you bring personal computers, scanners, tape recorders, cameras, and other equipment into our facilities, we will inspect the equipment. (1) In the Washington, DC, area, you must complete the Equipment Log at the guard's desk. The guard checks the log for proof of your personal ownership before you remove your equipment from the building. (2) In the regional archives and Presidential libraries, we may tag your equipment after inspection and approval. (b) Not all NARA facilities permit you to take your personal notes into the research room. In research rooms that permit taking in your notes, a NARA or contractor employee may stamp, initial, and date notes and other research materials we approve for admission to indicate that they are your personal property. (c) We inspect your personal property, including notes, electrostatic copies, equipment cases, tape recorders, cameras, personal computers, and other property, before you may remove them from our research rooms or facilities. Sec. 1254.14 Are some procedures in regional archives and Presidential libraries different from those in the Washington, DC, area? Yes, the variety of facilities, locations of research rooms, room sizes, and other factors contribute to differences in some, but not all, practices from the Washington, DC, area. When the appropriate regional director of archival operations or Presidential library director indicates, you must follow the procedures in regional archives and Presidential library archival research rooms where researchers use original documents. These procedures are in addition to the procedures we specify elsewhere in this part. The procedures are either posted in the facility or the staff gives copies of them to researchers. [[Page 39316]] Subpart B--Research Room Rules General Procedures Sec. 1254.20 What general policies apply in all NARA facilities where archival materials are available for research? (a) Researchers may use original documents only in the designated research room at the facility where they are stored. (b) Researchers must use microfilm copies or other alternative copies of documents when available, rather than the original documents. Some of our microfilm publications are available in more than one NARA facility. (c) We may limit the quantity of documents that we deliver to you at one time. In some research rooms, we furnish records according to a specific time schedule. Sec. 1254.22 Do I need to register when I visit a NARA facility for research? (a) Yes, you must register each day you enter a NARA research facility by furnishing the information on the registration sheet or scanning a bar-coded researcher identification card. We may ask you to provide additional personal identification. (b) NARA facilities in the Washington, DC, area contain several research rooms; you must register in each research room you visit on a daily basis. (c) In regional archives, you also sign out when leaving the research room for the day. In some Presidential libraries, where we instruct you to do so, you sign out when you leave the building. Sec. 1254.24 Whom does NARA allow in research rooms? (a) We limit admission to research rooms in our facilities to individuals examining or copying documents and other materials. (b) We do not admit children under the age of 14 to these research rooms unless we grant them research privileges (see paragraph (d) of this section). (c) The appropriate supervisor may make exceptions for a child who is able to read and who will be closely supervised by an adult while in the research room. The adult must agree in writing to be present when the child uses documents and to be responsible for compliance with the research room and copying rules in subparts B and C of this part. (d) Students under the age of 14 who wish to perform research on original documents must apply in person at the facility where the documents are located. At the National Archives Building, apply to the chief of the Research Support Branch (NWCC1). At the National Archives at College Park, apply to the chief of the Research Support Branch (NWCC2). For regional archives and Presidential libraries, apply to the appropriate supervisor or archivist in charge. We may require either that the student must present a letter of reference from a teacher or that an adult accompany the student while doing research. Students may contact NARA by phone, e-mail, fax, or letter in advance of their visit to discuss their eligibility for research privileges. Current contact information for our facilities is available on our Web site, http://www.archives.gov . (e) We may permit adults and children participating in scheduled tours or workshops in our research rooms when they do not handle any documents that we show to them. These visitors do not need a researcher identification card. Sec. 1254.26 What can I take into a research room with me? (a) Personal belongings. You may take a hand-held wallet and coin purse for the carrying of currency, coins, credit cards, keys, driver's license, and other identification cards into research rooms, but these are subject to inspection when you enter or leave the room. The guard or research room attendant determines whether your wallet or purse is sufficiently small for purposes of this section. You may take cell phones, pagers, and similar telecommunications devices into a research room only under the circumstances cited in Sec. 1254.46(b) and, for cell phone cameras, in Sec. 1254.70(g). (b) Notes and reference materials. You may take notes, references, lists of documents to be consulted, and other materials into a research room if the supervisor administering the research room or the senior staff member on duty in the research room determines that they are essential to your work requirements. Not all facilities permit you to take notes into the research room. In facilities that allow you to bring notes, staff may stamp your items to indicate that they are your property. (c) You may bring back into the research room on subsequent visits your research notes made on notepaper and notecards we provide and electrostatic copies you make on copying machines in NARA research rooms which are marked with the statement ``Reproduced at the National Archives.'' You must show any notes and copies to the research room attendant for inspection when you enter the research room. (d) Personal equipment. The research room attendant, with approval from the supervisor, archivist, or lead archives technician in charge of the room, may admit personal computers, tape recorders, scanners, cameras, and similar equipment if the equipment meets NARA's approved standards for preservation. We do not approve the use of any equipment that could potentially damage documents. If demand to use equipment exceeds the space available for equipment use, we may impose time limits. If you wish to use computers, sound recording devices, or other equipment, you must work in areas the research room attendant designates, when required. Sec. 1254.28 What items are not allowed in research rooms? (a) You may not bring into the research rooms overcoats, raincoats, jackets, hats, or other outerwear; personal paper-to-paper copiers, unless permitted in accordance with Sec. 1254.86 of this part; briefcases, satchels, valises, suitcases, day packs, purses, boxes, or similar containers of personal property. We may make exceptions for headwear worn for religious or health reasons. In facilities where we provide notepaper and notecards, you also may not bring into the research room notebooks, notepaper, notecards, folders or other containers for papers. (b) You may store personal items at no cost in lockers or other storage facilities in the NARA facility. These lockers or other storage facilities are available on a first-come-first-served basis. (c) You must remove your personal belongings each night from the lockers or other storage facilities we provide to hold them. If you do not remove your personal belongings, NARA personnel will remove them. We post directions for reclaiming confiscated items near the lockers or other storage facilities. (d) NARA is not responsible for the loss or theft of articles you store in the lockers. (e) We may charge a replacement fee for lost locker keys. (f) Knives and other sharp objects such as box cutters, razors, or wire are not permitted in our research rooms. Sec. 1254.30 Does NARA provide any supplies? Yes, in most facilities NARA furnishes you, without charge, pencils and specially marked lined and unlined notepaper and notecards, for use in the research rooms. NARA also provides diskettes and paper for our public access computers. Return unused pencils and notepaper, notecards, diskettes, and printer paper to the research room attendant at the end of the day. [[Page 39317]] Sec. 1254.32 What rules apply to public access use of the Internet on NARA-supplied computers? (a) Public access computers (workstations) are available for Internet use in all NARA research rooms. The number of workstations varies per location. We provide these workstations for research purposes on a first-come-first-served basis. When others are waiting to use the workstation, we may impose a 30-minute time limit on the use of the equipment. (b) You should not expect privacy while using these workstations. These workstations are operated and maintained on a United States Government system, and activity may be monitored to protect the system from unauthorized use. By using this system, you expressly consent to such monitoring and the reporting of unauthorized use to the proper authorities. (c) You may not use these workstations to gain access to entertainment or other inappropriate Web sites in our research rooms. You also may not use these workstations to conduct private business not related to your research or NARA holdings. (d) NARA provides at least one Internet access workstation in each facility that complies with the Workforce Investment Act of 1998, ensuring comparable accessibility to individuals with disabilities. (e) You may download information to a diskette and print materials, but the research room staff will furnish the diskettes and paper. You may not use personally owned diskettes on NARA personal computers. You may not load files or any type of software on these workstations. Rules Relating to Using Original Documents Sec. 1254.34 What are my responsibilities when using documents? (a) You must sign for the documents you receive and we may require you to show your researcher identification card. (b) You are responsible for the proper handling of and prevention of damage to all documents delivered to you until you return them. Specific handling instructions are given in Sec. Sec. 1254.36 and 1254.38. (c) When you finish using the documents, you must return them to the research room attendant. (d) You must not remove the reference service slip that accompanies the documents to the research room. (e) If we ask, you must return documents up to 15 minutes before closing time. (f) Before leaving a research room, even for a short time, you must notify the research room attendant and place all documents in their proper containers. Sec. 1254.36 What care must I take when handling documents? To prevent damage to documents, we have rules relating to the physical handling of documents. (a) You must use only pencils in research rooms where original documents are used. (b) You must not lean on, write on, refold, trace, or otherwise handle documents in any way likely to cause damage. (c) You must follow any additional rules that apply to the use of special media records at our facilities, such as wearing cotton gloves we provide you for handling still pictures and any original film-based materials. (d) You must identify documents for reproduction only with a paper tab that we provide you. You must not use paper clips, rubber bands, self-stick notes or similar devices to identify documents. (e) You must use exceptionally valuable or fragile documents only under conditions the research room attendant specifies. (f) You must request that research room personnel unstaple or remove other fasteners from documents that cannot otherwise be read. (g) If you notice damage to any document(s), notify the research room attendant immediately. Sec. 1254.38 How do I keep documents in order? (a) You must keep unbound documents in the order in which we deliver them to you. (b) You must not attempt to rearrange documents that appear to be in disorder. Instead, you must refer any suspected problems with the records to the research room attendant. (c) You may use only one folder at a time. (d) Remove documents from only one container at a time. Sec. 1254.40 How does NARA prevent removal of documents? (a) You must not remove documents from a research room. Removing, mutilating, or revising or otherwise altering documents is forbidden by law and is punishable by fine or imprisonment or both (18 U.S.C. 2071). (b) Upon leaving the research room or facility, you must present for examination any article that could contain documents or microfilm, as well as presenting copies or notes to ensure that no original records are mixed in with them. (c) To ensure that no one unlawfully removes or mutilates documents, NARA may post at the entrance to research rooms instructions supplementing the rules in this part. These instructions are specific to the kinds of records you use or to the facility where the records are stored. Rules Relating to Using Microfilm Sec. 1254.42 What are the rules that apply to using self-service microfilm? NARA makes available microfilm copies of many records on a self- service basis. (a) When microfilm is available on a self-service basis, research room attendants assist you in identifying research sources on microfilm and provide information concerning how to locate and retrieve the roll(s) of film containing the information of interest. You are responsible for retrieving and examining the roll(s). (b) Unless you require assistance in learning how to operate microfilm reading equipment or have a disability, we expect you to install the microfilm on the reader, rewind it when finished, remove it from the reader, and return it to the proper microfilm box. You must carefully remove from and return to the proper microfilm boxes rewound microfilm. You must take care when loading and unloading microfilm from microfilm readers. Report damaged microfilm to the research room attendant as soon you discover it. (c) Unless we make an exception, you may use only one roll of microfilm at a time. (d) After using each roll, you must return the roll of microfilm to the location from which you removed it, unless we otherwise instruct you. (e) You should bring to the attention of the research room attendant any microfilm you find in the wrong box or file cabinet. Sec. 1254.44 How long may I use a microfilm reader? (a) Use of the microfilm readers in the National Archives Building is on a first-come-first-served basis. When other researchers are waiting to use a microfilm reader, we may place a 3-hour limit on using a reader. After 3 hours of machine use, you may sign the waiting list for an additional 3-hour period. For fire safety reasons, we may limit the number of researchers in the microfilm research room in the National Archives Building to those researchers assigned a microfilm reader. (b) Archival operations directors at our regional archives may permit [[Page 39318]] reservations for use of microfilm readers and set time limits on use to meet local circumstances. Other Conduct Rules Sec. 1254.46 Are there other rules of conduct that I must follow? (a) Part 1280 specifies conduct rules for all NARA facilities. You must also obey any additional rules supplementing Subpart B of part 1254 that are posted or distributed by the facility director. (b) You may not eat, drink, chew gum, smoke, or use smokeless tobacco products, or use a cell phone, pager, or similar communications device that emits sound signals in a research room. Communications devices must be in vibrate mode. You must make and receive telephone calls outside of research rooms. (c) We prohibit loud talking and other activities likely to disturb other researchers. Sec. 1254.48 When does NARA revoke research privileges? (a) Behaviors listed in paragraphs (a)(1) through (a)(4) of this section may result in NARA denying or revoking research privileges. (1) Refusing to follow the rules and regulations of a NARA facility; (2) Demonstrating by actions or language that you present a danger to documents or NARA property; (3) Presenting a danger to other researchers, NARA or contractor employees, or volunteers; or (4) Verbally or physically harassing or annoying other researchers, NARA or contractor employees, or volunteers. (b) Denying or revoking research privileges means: (1) We may deny or revoke your research privileges for up to 180 days; (2) You lose research privileges at all NARA research rooms nationwide; and (3) You lose your valid researcher identification card if you already have one. (c) We notify all NARA facilities of the revocation of your research privileges. (d) If we revoke your research privileges, we send you a written notice of the reasons for the revocation within 3 working days of the action. Sec. 1254.50 Does NARA consider reinstating research privileges? (a) You have 30 calendar days after the date of revocation to appeal the action in writing and seek reinstatement of research privileges. Mail your appeal to: Archivist of the United States, 8601 Adelphi Road, College Park, MD 20740-6001. (b) The Archivist has 30 calendar days from receipt of an appeal to decide whether to reinstate your research privileges and to respond to you in writing. (c) If the Archivist upholds the revocation of privileges or if you do not appeal, you may request in writing reinstatement of research privileges no earlier than 180 calendar days from the date we revoked privileges. This request may include application for a new researcher identification card. (d) Our reinstatement of research privileges applies to all research rooms. (e) If we reinstate your research privileges, we issue you a card for a probationary period of 60 days. At the end of the probationary period, you may apply for a new, unrestricted identification card, which we issue to you if your conduct during the probationary period follows the rules of conduct in this part and in part 1280 of this chapter. Sec. 1254.52 Can NARA extend the period of revoked research privileges? (a) If the reinstatement of research privileges would pose a threat to the safety of persons, property, or NARA holdings, or if, in the case of a probationary identification card, you fail to comply with the rules of conduct for NARA facilities, we may extend the revocation of privileges for additional 180-day periods. We send you a written notice of an extension within 3 workdays of our decision to continue the revocation of research privileges. (b) You have 30 calendar days after the decision to extend the revocation of research privileges to appeal the action in writing. Mail your appeal to the Archivist at the address given in Sec. 1254.50(a). The Archivist has 30 calendar days from receipt of your appeal to decide whether to reinstate your research privileges and to respond to you in writing. Subpart C--Copying Archival Materials General Information Sec. 1254.60 What are NARA's copying services? (a) You may order copies of many of our documents for a fee. Our fee schedule for copies is located in Sec. 1258.12 of this chapter. Exceptions to the fee schedule are located in Sec. 1258.4. See Sec. 1258.6 about reproductions NARA may provide without charging a fee. (b) For preservation reasons, we do not make copies from the original documents if the documents are available on microfilm and a clear copy (electrostatic, photographic, or microfilm) can be made from the microfilm. Sec. 1254.62 Does NARA have archival materials protected by copyright? Yes, although many of our holdings are in the public domain as products of employees or agents of the Federal Government, some records and donated historical materials do have copyright protection. Particularly in the case of some special media records, Federal agencies may have obtained materials from private commercial sources, and these may carry publication restrictions in addition to copyright protection. Presidential records may also contain copyrighted materials. You are responsible for obtaining any necessary permission for use, copying, and publication from copyright holders and for any other applicable provisions of the Copyright Act (Title 17, United States Code). Sec. 1254.64 Will NARA certify copies? Yes, the responsible director of a unit, or any of his or her superiors, the Director of the Federal Register, and their designees may certify copies of documents as true copies for a fee. The fee is found at Sec. 1258.12(a). Rules Relating to Self-Service Copying Sec. 1254.70 How may I make my own copies of documents? (a) Self-service copiers are available in some of our facilities. Contact the appropriate facility to ask about availability before you visit. (b) In the Washington, DC, area, self-service card-operated copiers are located in research rooms. Other copiers we set aside for use by reservation are located in designated research areas. Procedures for use are outlined in Sec. Sec. 1254.80 through 1254.84 of this subpart. (c) You may use NARA self-service copiers where available after the research room attendant reviews the documents to determine their suitability for copying. The appropriate supervisor or the senior archivist on duty in the research room reviews the determination of suitability if you request. (d) We may impose time limits on using self-service copiers if others are waiting to use them. (e) In some of our facilities, you may use your own scanner or personal paper-to-paper copier to copy textual materials if the equipment meets our standards cited in Sec. Sec. 1254.80 and 1254.86. Contact the appropriate facility for additional details before you visit. (f) You must follow our document handling instructions in Sec. Sec. 1254.36 and [[Page 39319]] 1254.72. You also must follow our microfilm handling instructions in Sec. 1254.42. (g) You may use a hand-held camera with no flash or a cell phone camera to take pictures of documents only if you have the permission of the research room attendant. (h) You may not use a self-service copier or personal scanner to copy some special media records. If you wish to copy motion pictures, maps and architectural drawings, or aerial photographic film, the appropriate staff can advise you on how to order copies. If you wish to obtain copies of electronic records files, the appropriate staff will assist you. Sec. 1254.72 What procedures do I follow to copy documents? (a) You must use paper tabs to designate individual documents you wish to copy. You must show the container including the tabbed documents to the research room attendant who determines whether they can be copied on the self-service copier. The manager of the staff administering the research room reviews the determination of suitability if you ask. After copying is completed, you must return documents removed from files for copying to their original position in the file container, you must refasten any fasteners removed to facilitate copying, and you must remove any tabs placed on the documents to identify items to be copied. (b) If you are using a reserved copier, you must submit the containers of documents to the attendant for review before your appointment. The review time required is specified in each research room. Research room attendants may inspect documents after copying. (c) You may copy from only one box and one folder at a time. After copying the documents, you must show the original documents and the copies to a research room attendant. Sec. 1254.74 What documents are unsuitable for copying on a self- service or personal copier or scanner? (a) Bound archival volumes (except when specialized copiers are provided). (b) Documents fastened together by staples, clips, acco fasteners, rivets, or similar fasteners, where folding or bending documents may cause damage. (c) Documents larger than the glass copy plate of the copier. (d) Documents with uncancelled security classification markings. (e) Documents with legal restrictions on copying. (f) Documents that the research room attendant judges to be in poor physical condition or which may be subject to possible damage if copied. Sec. 1254.76 What procedures do I follow to copy formerly national security-classified documents? (a) We must properly cancel security classification markings (Confidential, Secret, Top Secret) and other restricted markings on declassified records before documents are copied. Only a NARA staff member can cancel security markings. Properly declassified documents bear the declassification authority as required by 32 CFR 2001.24. (b) You may not remove from the research room copies of documents bearing uncancelled classification markings. We confiscate copies of documents with uncancelled markings. (c) When you copy individual documents, the research room staff cancels the classification markings on each page of the copy and places the declassification authority on the first page of each document. If you copy only selected pages from a document, you must make a copy of the first page bearing the declassification authority and attach that page to any subsequent page(s) you copy from the document. You must show this declassification authority to the guard or research room attendant when you remove copies of documents from the research room or the building. (d) Before you copy formerly-classified materials, we provide you with a declassification strip, which you attach to the copier. The strip reproduces on each page copied and cancels the security markings. We may also provide a declassification strip to attach to your personal copier or scanner. (e) Staff at Presidential libraries cancel security markings before documents are provided to researchers in research rooms. Rules Relating to Using Copying Equipment Sec. 1254.80 Does NARA allow me to use scanners or other personal copying equipment? (a) Subject to Sec. Sec. 1254.26(d) and 1254.86, you may use scanners and other copying equipment if the equipment meets certain conditions or minimum standards described in paragraphs (b) through (g) of this section. Exceptions are noted in paragraph (h). The supervisor administering the research room or the senior staff member on duty in the research room reviews the research room attendant's determination if you request. (b) 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. (c) 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. (d) We prohibit drum scanners. (e) We prohibit automatic feeder devices on flatbed scanners. When using a slide scanner, we must check slides after scanning to ensure that no damage occurs while the slide is inside the scanner. (f) Light sources must not raise the surface temperature of the record you copy. You must filter light sources that generate ultraviolet light. (g) All equipment surfaces must be clean and dry before you use records. You may not clean or maintain equipment, such as replacing toner cartridges, when records are present. We do not permit aerosols or ammonia-containing cleaning solutions. We permit a 50 percent water and 50 percent isopropyl alcohol solution for cleaning. (h) If you wish to use a scanner or other personal copier in a regional archives or Presidential library, contact the facility first for approval. Not all facilities permit the use of scanners or personal copying equipment because of space, electrical load concerns, and other reasons. Your request must state the space and power consumption requirements and the intended period of use. (i) In facilities that provide a self-service copier or permit the use of personal paper-to-paper copiers or scanners, you must show documents you wish to copy to the research room attendant for approval. (j) If you have any question about what is permissible at any given facility, consult with the facility before your visit. Contact information for our facilities is found in part 1253 of this chapter and at the NARA Web site, http://www.archives.gov. Sec. 1254.82 What limitations apply to my use of self-service card- operated copiers? (a) There is a 5-minute time limit on copiers in research rooms when others are waiting to use the copier. If you use a microfilm reader-printer, we may limit you to three copies when others are waiting to use the machine. If you wish to copy large quantities of documents, you should see a staff member in the research room to reserve a copier for an extended time period. (b) If we must cancel an appointment due to copier failure, we make every [[Page 39320]] effort to schedule a new mutually agreed-upon time. However, we do not displace researchers whose appointments are not affected by the copier failure. Sec. 1254.84 How may I use a debit card for copiers in the Washington, DC, area? You may use cash to purchase a debit card from a vending machine during the hours that research rooms are open as cited in part 1253 of this chapter. In addition, you may buy debit cards with cash, check, money order, credit card, or funds from an active deposit account from the Cashier's Offices located in the National Archives Building and in the researcher lobby of the National Archives at College Park, during posted hours. Inserting a debit card into the copier enables you to make copies, for the appropriate fee, up to the value on the debit card. You may add value to the debit card by using the available vending machines in our research rooms. We cannot make refunds. The fee for self-service copiers is found in Sec. 1258.12 of this chapter. Sec. 1254.86 May I use a personal paper-to-paper copier at the National Archives at College Park? (a) At the National Archives at College Park facility NARA approves 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 of the Research Support Branch (NWCC2), National Archives and Records Administration, 8601 Adelphi Rd., College Park, MD 20740-6001. Requests must identify the records you wish to copy, the expected duration of the project, and the make and model of the equipment. (b) We evaluate requests using the following criteria: (1) A minimum of 3,000 pages must be copied; (2) 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; (3) The copying equipment must meet our standards for preservation (see Sec. Sec. 1254.26(d) and 1254.80); and (4) Space is available for the personal copying project. NARA allows no more than 3 personal copying projects in the research room at one time, with Federal agencies given priority over other users. (c) You must coordinate with research room management and oversee the installation and removal of copying equipment. You are responsible for the cost and supervision of all service calls and repairs. You must remove copying equipment and supplies within two business days after the personal copying project is completed. (d) NARA is not responsible for any personal equipment or consumable supplies. (e) You must be trained by NARA staff on the proper methods for handling and copying archival documents. (f) You must abide by all regulations on copying stated in this subpart. (g) We reserve the right to discontinue the privilege of using a personal copier at any time without notice. We discontinue your privilege if you violate one of the conditions in this subpart, we need to provide space for a Federal agency, or we lack staff to supervise the area. Sec. 1254.88 What are the rules for the Motion Picture, Sound, and Video Research Room at the National Archives at College Park? (a) We provide use of NARA viewing and listening equipment in the research room on a first-come-first-served basis. When others are waiting to use the equipment, we may impose a 3-hour limit on your use. (b) You may use the NARA-furnished recorder or your personal recording device and media to make a copy of unrestricted archival materials in the research room. (c) We provide you with a copy of the Motion Picture, Sound, and Video Research Room rules and a warning notice on potential copyright claims in unrestricted titles. You are responsible for obtaining any needed permission or release from a copyright owner for other than personal use of the copy. (d) The research room attendant may inspect and tag your personal recording equipment before admitting you into the unrestricted viewing and copying area in the research room. You must place all equipment and accessory devices on the carts we provide, except that you may place a tripod holding a video camera on the floor in front of a film-viewing station. We are not responsible for damage to or loss of personal equipment and accessories. (e) You must remain in the research room at your audio or film viewing station at all times while your personal equipment is in use. You must remove your personal equipment from the research room when you leave the room for the day. We cannot be responsible for any damage to or loss of your equipment. (f) We are not responsible for assisting with ``hook-up'' to NARA viewing equipment, for providing compatibility between the personal recording equipment and NARA viewing equipment, or for the quality of the copies you make. We provide you information on the types of NARA equipment that we have in the research room and on the cables necessary for hook-up to our viewing equipment. (g) When you bring audio or video recording tapes or cassettes into the unrestricted area of the research room, the research room attendant marks the recording media ``NARA-approved personal property'' for identification purposes. We inspect this media before you leave the research room and when you leave the research complex at the National Archives at College Park. (h) You may reserve a NARA-furnished video copying station and 120- minute blank video cassette, for a fee, on a first-come-first-served basis for 90 minutes. If no one else is waiting to use the station, you may reserve an additional 90 minutes. You may not connect personal recording devices to NARA equipment at the video copying station. You may use only NARA-provided tapes at the video copying station. Fees for use of the station and blank cassette are specified in Sec. 1258.12 of this chapter. (i) You may not take any personal recording device or media in the restricted viewing area in the research room. Subpart D--Microfilming Archival Materials Sec. 1254.90 What is the scope of this subpart? (a) This subpart establishes rules and procedures for the use of privately owned microfilm equipment to film accessioned archival records and donated historical materials in NARA's legal and physical custody by: (1) Foreign, Federal, state, and local government agencies; (2) Private commercial firms; (3) Academic research groups; or (4) Other entities or individuals that request exemption from obtaining copies through the regular fee schedule reproduction ordering system of NARA. (b) If you wish 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 (see Sec. 1253.4). For information about procedures for obtaining permission from the originating agency to film records in the records center operation of one of NARA's regional records facilities or in the physical custody of the National Personnel Records Center (NPRC), contact the Regional Administrator of the region in which the records are [[Page 39321]] located (see Sec. 1253.6), or the director, NPRC, for records in NPRC (see Sec. 1253.5). (c) Federal agencies that need to microfilm archival records in support of the agency's mission must contact the appropriate office as specified in Sec. 1254.92(a) as soon as possible after the need is identified for information concerning standards and procedures that apply to their microfilming of archival records. Sec. 1254.92 How do I submit a request to microfilm records and donated historical materials? (a) You must submit your request to microfilm materials to the appropriate office. (1) Submit your written request 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 to the Assistant Archivist for Records Services--Washington, DC (NW), 8601 Adelphi Rd., College Park, MD 20740-6001. (2) Submit your written request to microfilm archival records or donated historical materials in a NARA regional archives to the Assistant Archivist for Regional Records Services (NR), 8601 Adelphi Rd., College Park, MD 20740-6001. (3) Submit your written request 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 to the Assistant Archivist for Presidential Libraries (NL), 8601 Adelphi Rd., College Park, MD 20740-6001. (4) OMB control number 3095-0017 has been assigned to the information collection contained in this section. (b) You must submit your request to use privately owned microfilm equipment four months in advance of the proposed starting date of the microfilming project. If you submit your request with less advance notice, we consider it and may approve it if we have available adequate NARA space and staff and if you can complete all training, records preparation, and other NARA requirements in a shorter time frame. (1) You may include in your request only one project to microfilm a complete body of documents, such as an entire series, a major continuous segment of a very large series which is reasonably divisible, or a limited number of separate series related by provenance or subject. (2) We do not accept additional requests from an individual or organization to microfilm records in a NARA facility while we evaluate an earlier request from that individual or organization to microfilm records at that facility. (3) We establish the number of camera spaces available to a single project based upon the total number of projects approved for filming at that time. Sec. 1254.94 What must my request include? (a) A description of the documents you wish to copy that includes the following elements: (1) Record group number or agency of origin or, for donated historical materials, title of the collection; (2) Title of series or file segment; (3) Date span; and (4) Estimated volume in number of pages or cubic feet. (b) The estimated amount of time (work-days) that the microfilm copying project will take; the date that you would like to begin the project; and the number of persons who would require training (see Sec. 1254.108(b)). (c) The number and a description of the equipment that you will use for copying including: (1) The name of the manufacturer and model number; and (2) The type of light source to be employed (fluorescent, tungsten, or electronic flash) and if electronic flash (i.e., strobe) or fluorescent, whether the light source is filtered to omit ultraviolet radiation. (d) A statement of the procedures that you will follow to ensure that you copy all pages, that the images on the microfilm are legible, and that the microfilm is properly processed. At a minimum, the procedures should meet the requirements specified in part 1230 of this chapter regarding the microfilming of permanent records. Sec. 1254.96 What credits must I give NARA? (a) You must agree to credit NARA as having custody of the original documents. The credit must appear at the beginning of a microfilm publication and in any publicity material or descriptions of the publication. (b) If the original documents are Federal records, you must agree to include on the film this statement: ``The documents reproduced in this publication are among the records of the (name of agency) in the custody of the National Archives of the United States. (Name of microfilm publication producer) does not claim any copyright interest in these official U.S. Government records.'' (c) If the original documents are donated historical materials, you must agree to include on the film this statement: ``The documents reproduced in this publication are donated historical materials from (name of donor) in the custody of the (name of Presidential library or National Archives of the United States). The National Archives and Records Administration administers them in accordance with the requirements of the donor's deed of gift and the U.S. Copyright Law, Title 17, U.S.C. (Name of microfilm publication producer) does not claim any copyright interest in these donated historical materials.'' (d) If the original documents are Presidential or Vice-Presidential records as specified in 44 U.S.C. 2201, you 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). The National Archives and Records Administration administers them in accordance with the requirements of Title 44, U.S.C. (Name of microfilm publication producer) does not claim any copyright interest in these official Presidential records.'' (e) If the original documents are records of Congress, you 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 the National Archives and Records Administration (NARA). NARA administers them in accordance with the requirements of the (House/Senate). (Name of microfilm publication producer) does not claim any copyright interest in these official congressional records.'' Sec. 1254.98 May NARA make subsequent use of my publication? You must give NARA a royalty-free worldwide license, to take effect seven years after you complete filming at the NARA facility, to publish, display, reproduce, distribute, and sell the publication, and to create derivative works based on the publication, and to use the publication in collective works, all without limitation. The license required by this section must be written to take effect upon publication if there is no commercial distributor, or once commercial distribution ends if less than seven years from the date you complete filming at the NARA facility. Sec. 1254.100 How does NARA evaluate requests? (a) NARA evaluates requests by estimating how well completion of a proposed project would further our [[Page 39322]] efforts to preserve and to make available to the public the historically valuable records of the Government. (b) In considering multiple requests to film at the same time, we 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. (c) The records to be filmed should be reasonably complete and not subject to future additions, especially of appreciable volumes, within the original body of records. Records with pending or future end-of- series additions are appropriate for filming. (d) The records to be filmed should not have substantial numbers of documents withdrawn because of continuing national security classification, privacy, or other restrictions. (e) We approve only requests to microfilm a complete body of documents, such as an entire series or a major continuous segment of a very large series that is reasonably divisible. Microfilming a complete body of documents means that you must consecutively copy all documents within the file unit(s), from the first to the last page, not skipping any pages in between except for pages that are exact duplicates or blank pages that are not included in a pagination scheme. (f) We normally approve only requests that include assurances that the project will adhere to the specifications in part 1230 of this chapter concerning microfilm stock standards, index placement, and microfilm processing for permanent records. (g) We approve only requests that 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. (1) We 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. (2) We may also make additional use of the microform, as indicated in Sec. 1254.98, seven years after you complete filming at the NARA facility, or upon delivery of the publication if there is no commercial distributor, or when the commercial distributor is no longer available, whichever occurs first. We may choose to add our own editorial material to the microform copies. (3) You must deliver detailed roll lists with the microfilm. The lists must give the full range of file titles and a complete list of all file numbers on each roll of microfilm. We prefer that the list be provided in a fielded, electronic format to facilitate its use by staff and researchers. If the electronic format is a data file with defined or delimited fields, you should transfer with the file the records layout identifying the fields, any coded values for fields, and explanations of any delimiters. (4) Microfilm projects may donate to us additional indexes and finding aids. NARA and the microfilm project execute a deed of gift that specifies restrictions on NARA's use and dissemination of these products under mutually acceptable terms. Sec. 1254.102 What requests does NARA not approve? (a) We do not approve any request that does not include all of the information we require in Sec. Sec. 1254.94 and 1254.96. (b) We do not normally approve requests to microfilm documents that: (1) Have previously been microfilmed and made available to the public; (2) We have approved for microfilming by another party; or (3) We plan to film as a NARA microfilm publication or which relate closely to other documents previously microfilmed or approved for microfilming by NARA. We may grant exceptions to this provision at our discretion. (c) We normally do not approve requests to microfilm documents: (1) Having restrictions on access that preclude their reproduction; (2) Known to be protected by copyright; (3) Having high intrinsic value that only authorized NARA personnel may handle; (4) In vulnerable physical condition; (5) Having a high research demand and which we would have to deny to others for an extended period of time during the microfilming process. Where possible, we assist you in developing filming schedules that avoid the need to close documents for a lengthy period of time; and (6) In formats, such as oversize documents, bound volumes, and others, that would be subject to excessive stress and possible damage from special equipment you plan to use, as well as documents fastened with grommets, heavy duty staples, miscellaneous fasteners, or wafers and other adhesives that cannot be removed without tearing or breaking documents. (d) We normally do not approve requests from persons or organizations that failed to produce usable microfilm or to honor commitments they made in previous requests, or for whom we have had to rescind previous permission to microfilm documents because of their conduct. (e) We do not approve requests to microfilm records in NARA facilities in which there is insufficient space available for private microfilming. We do not permit private microfilming in our records storage (stack) areas. (1) Federal agencies microfilming records in support of the agency's mission may use the space set aside for private microfilming. Agency microfilming takes priority over private microfilming when there is insufficient space to accommodate both at the same time. (2) When a NARA facility does not have enough space to accommodate all requests, we may schedule separate projects by limiting the time allowed for each particular project or by requiring projects to alternate their use of the space. (3) We also do not approve requests where the only space available for filming is in the facility's research room, and such work would disturb researchers. We do not move records from a facility lacking space for private microfilming to another NARA facility for that purpose. (f) We do 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. (g) We do not approve the start of a project to microfilm records until you have agreed in writing to the amount and schedule of fees for any training, microfilm preparation, and monitoring we must conduct that is necessary to support your project. Our letter of tentative approval for the project includes an agreement detailing the records in the project and the detailed schedule of fees for NARA services for the project. We give final approval when we receive your signed copy of the agreement. Sec. 1254.104 How does NARA determine fees to prepare documents for microfilming? (a) As part of our evaluation of a request to microfilm documents, we determine the amount of microfilm preparation that we must do before you can microfilm the documents and the estimated cost of such preparation. We base fees for microfilm preparation on direct salary costs (including benefits) and supply costs when we perform the work. When a NARA contractor performs the work, the fees are the cost [[Page 39323]] to NARA. Microfilm preparation includes: (1) Removing document fasteners from documents when the fasteners can be removed without damage to the documents; and (2) Taking any document conservation actions that must be accomplished in order to film the documents, such as document flattening or mending. (b) We provide you detailed information on the fees for microfilm preparation in the letter of approval. You must pay fees in accordance with Sec. 1258.14 of this chapter. When a body of documents requires extensive microfilm preparation, we may establish a different payment schedule at our discretion. Sec. 1254.106 What are NARA's equipment standards? (a) Because we have limited space in many NARA facilities, microfilm/fiche equipment should be operable from a table top unless we have given written permission to use free standing/floor model cameras. You may only use planetary type camera equipment. You may not use automatic rotary cameras and other equipment with automatic feed devices. We may approve your use of book cradles or other specialized equipment designed for use with bound volumes, oversized documents, or other formats, as well as other camera types not specified here, on a case-by-case basis. (b) The power consumption of the equipment normally must not exceed 1.2 kilowatts. Power normally available is 115 volts, 60 hz. You must make requests for electricity exceeding that normally available at least 90 days in advance. (c) You may not use equipment having clamps or other devices to exert pressure upon or to attach the document to any surface in a way that might damage the document. (d) The equipment must not use a heat generating light source in close enough proximity to the documents to result in their physical distortion or degradation. All sources of ultraviolet light must be filtered. Sec. 1254.108 What are NARA's requirements for the microfilming process? (a) Your equipment must conform to the equipment standards in Sec. 1254.106. (b) You must handle documents according to the training and instructions provided by our staff 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. We charge you fees for training services and these fees will be based on direct salary costs (including benefits) and any related supply costs. We specify these fees in the written agreement we require for project approval in Sec. 1254.102(h). (c) You may microfilm documents from only one file unit at a time. After you complete microfilming, you must return documents you removed from files for microfilming to their original position in the file container, refasten any fasteners you removed to facilitate copying, and remove any tabs you placed on the documents to identify items to copy. We will provide fasteners for replacement as necessary. (d) You may not leave documents unattended on the copying equipment or elsewhere. (e) Under normal microfilming conditions, actual copying time per sheet must not exceed 30 seconds. (f) You must turn off any lights used with the camera when the camera is not in actual operation. (g) You may operate microfilm equipment only in the presence of the research room attendant or a designated NARA employee. If NARA places microfilm projects in a common research area with other researchers, the project will not be required to pay for monitoring that is ordinarily provided. If the microfilm project is performed in a research room set aside for copying and filming, we charge the project 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. We specify the monitoring service fees in the written agreement required for project approval in Sec. 1254.102(h). (h) The equipment normally should be in use each working day that it is in a NARA facility. The director of the NARA facility (as defined in Sec. 1252.2 of this chapter) decides when you must remove equipment because of lack of regular use. You must promptly remove equipment upon request of the facility director. (i) We assume no responsibility for loss or damage to microfilm equipment or supplies you leave unattended. (j) We inspect the microform output at scheduled intervals during the project to verify that the processed film meets the microfilm preparation and filming standards required by part 1230 of this chapter. To enable us to properly inspect the film, we must receive the film within 5 days after it has been processed. You must provide NARA with a silver halide duplicate negative of the filmed records (see Sec. 1254.100(g)) according to the schedule shown in paragraph (k). If the processed film does not meet the standards, we may require that you refilm the records. (k) When you film 10,000 or fewer images, you must provide NARA with a silver halide duplicate negative upon completion of the project. When the project involves more than 10,000 images, you must provide a silver halide duplicate negative of the first completed roll or segment of the project reproducing this image count to NARA for evaluation. You also must provide subsequent completed segments of the project, in quantities approximating 100,000 or fewer images, to NARA within 30 days after filming unless we approve other arrangements. (l) If the microfilming process is causing visible damage to the documents, such as flaking, ripping, separation, fading, or other damage, filming must stop immediately and until the problems can be addressed. Sec. 1254.110 Does NARA ever rescind permission to microfilm? We may, at any time, rescind permission to microfilm records if: (a) You fail to comply with the microfilming procedures in Sec. 1254.108; (b) Inspection of the processed microfilm reveals persistent problems with the quality of the filming or processing; (c) You fail to proceed with the microfilming or project as indicated in the request, or (d) The microfilming project has an unanticipated adverse effect on the condition of the documents or the space set aside in the NARA facility for microfilming. (e) You fail to pay NARA fees in the agreed to amount or on the agreed to payment schedule. 0 2. Revise part 1284 to read as follows: PART 1284--EXHIBITS Sec. 1284.1 Scope of part. 1284.20 Does NARA exhibit privately-owned material? 1284.30 Does NARA lend documents to other institutions for exhibit purposes? Authority: 44 U.S.C. 2104(a), 2109. Sec. 1284.1 Scope of part. This part sets forth policies and procedures concerning the exhibition of materials. Sec. 1284.20 Does NARA exhibit privately-owned material? (a) NARA does not normally accept for display documents, paintings, or other objects belonging to private [[Page 39324]] individuals or organizations except as part of a NARA-produced exhibit. (b) NARA may accept for temporary special exhibit at the National Archives Building privately-owned documents or other objects under the following conditions: (1) The material to be displayed relates to the institutional history of the National Archives and Records Administration or its predecessor organizations, the National Archives Establishment and the National Archives and Records Service; (2) Exhibition space is available in the building that NARA judges to be appropriate in terms of security, light level, climate control, and available exhibition cases or other necessary fixtures; and (3) NARA has resources (such as exhibit and security staff) available to produce the special exhibit. (c) The Director of Museum Programs (NWE), in conjunction with the NARA General Counsel when appropriate, reviews all offers to display privately-owned material in the Washington, DC, area, and negotiates the terms of exhibition for offers that NARA can accept. Directors of Presidential libraries perform these tasks for their respective libraries. The lender must provide in writing evidence of title to and authenticity of the item(s) to be displayed before NARA makes a loan agreement. (d) The Director of Museum Programs or director of the pertinent Presidential library will inform the offering private individual or organization of NARA's decision in writing within 60 days. Sec. 1284.30 Does NARA lend documents to other institutions for exhibit purposes? Yes, NARA considers lending documents that are in appropriate condition for exhibition and travel. Prospective exhibitors must comply with NARA's requirements for security, fire protection, environmental controls, packing and shipping, exhibit methods, and insurance. For additional information, contact Registrar, Museum Programs (NWE), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Dated: June 24, 2004. John W. Carlin, Archivist of the United States. [FR Doc. 04-14753 Filed 6-29-04; 8:45 am] BILLING CODE 7515-01-P ------------------------------------------------------------------------