[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19899-19906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10063]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1254
RIN 3095-AA69
Researcher Registration and Research Room Procedures
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule and interim rule.
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SUMMARY: This rule will make it easier for students to do research in
archival records and will reduce the frequency with which researchers
must reapply for researcher cards to do research in NARA facilities.
The rule also clarifies research room procedures to address conduct
issues, to update the types of equipment that researchers can bring
into the research room, and to clarify copying procedures. This rule
will affect individuals who wish to use NARA research rooms in the
National Archives Building and College Park facility in the Washington,
DC, area, regional records services facilities, and Presidential
libraries.
We are also revising the criteria and procedures for private
microfilming projects to provide more specific criteria as to the types
of requests that will be approved and conditions on that approval.
These changes will affect organizations that wish to prepare microfilm
publications from NARA holdings.
DATES: Effective: May 24, 1999.
Comments on Sec. 1254.20(b) through (d), which is adopted as an
interim rule, must be received by June 22, 1999. Comments will only be
accepted on these paragraphs. NARA will issue a final rule confirming
or further amending these paragraphs after this comment period closes.
ADDRESSES: Comments must be sent to Regulation Comments Desk (NPOL),
Room 4100, Policy and Communications Staff, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
They may be faxed to 301-713-7270.
FOR FURTHER INFORMATION CONTACT: Nancy Allard at telephone number 301-
713-7360, ext. 226, or fax number 301-713-7270.
SUPPLEMENTARY INFORMATION: We published a notice of proposed rulemaking
on August 11, 1998 (Federal Register, Vol. 63, No. 154, at pp. 42776-
42782). Two comments were received. One endorsed the lower age limit
for students to use the research room. The other respondent, a
microfilm publisher, offered comments on certain proposed or existing
requirements in Subpart F, Microfilming Archival Records. We have
reviewed the respondent's comments and addressed them as discussed
later in this SUPPLEMENTARY INFORMATION section.
Interim Final Rule Changes
The proposed rule contained three proposed revisions to
Sec. 1254.20 relating to revocation and reinstatement of research
privileges:
Modifying the grounds on which a researcher identification
card may be revoked to add verbal and physical harassment of other
researchers, NARA employees, volunteers, or contractor employees.
Clarifying the description of unacceptable behavior to
read ``actions or language.''
Clarifying that the grounds for revoking privileges and
for denying probationary reinstatement include danger to either
documents or NARA property.
No comments were received on these proposed changes. In the proposed
rule, the provisions were organized by the type of research privilege
(researcher identification card and research privileges at research
rooms where no card is required), following the format of the then
existing regulations. The conditions under which privileges would be
revoked, and appeal and reinstatement procedures were identical.
In drafting this final rule we reorganized the provisions to
reflect the steps of the process. We believe that the reorganized
format is easier to understand. No substantive changes have been made
from the proposed rule. We are issuing these provisions
(Sec. 1254.20(b) through (d)) as an interim final rule, however, to
allow public comment in case our rewritten provisions inadvertently did
make a change or they raise questions of the clarity on the process.
Review of Comments Made on the Proposed Rule
Conditions for Approving Requests To Microfilm Records
In response to the commenter's request that we reduce the time
required to review requests for microfilm projects, we have changed the
lead time for approval from 6 months to 4 months. We have also added
``a limited number of separate series related by provenance or
subject'' to the definition of ``one microfilming project.''
The commenter questioned several of the criteria for approving
requests in Sec. 1254.94(a). In particular, the commenter was concerned
that we intended to deny project proposals based on our assessment of
their research value and that we would deny proposals to film series
that may have future accessions (additional records). We have clarified
Sec. 1254.94(a) to reflect that potential research value is a criterion
only when we are evaluating multiple projects and we cannot accommodate
all of them at the same time. We have modified paragraph (a)(2) to
state that records with future end-of-series accretions may be approved
for filming.
The commenter also raised concerns with existing and proposed
requirements in Sec. 1254.94(d) relating to materials the
micropublisher would furnish to us as a condition of approval. The
commenter concurred with our current policy of making preservation and
reference copies of the microfilm available for staff and researcher
use in NARA facilities during the first seven years after the
microfilming is done, but requested that we revise paragraph (d)(1) to
prevent the wholesale reel duplication of the microform during this
[[Page 19900]]
period. The current rule adequately addresses this concern and we have
made no changes to it.
The commenter agreed to the provision requiring detailed roll
lists, but objected strongly to the proposed provisions requiring the
micropublisher to furnish paper and electronic copies of any subject
indexes, name indexes or other finding aids to its version of the
microfilm, and that the electronic version should be in a form that can
run easily on NARA's internal and external computer network(s). The
commenter argued that this requirement was not technically feasible,
and would seriously compromise the company's intellectual property
rights. The finding aids are produced with proprietary software and
represent significant value-added components to its microform products.
We had proposed this requirement to enhance the ability of our
reference staff to assist researchers using the microfilmed records. We
recognize the validity of these comments and have modified the
provision significantly. First, providing any finding aids other than
the detailed microfilm roll lists is no longer a condition for approval
of the project. Second, if a micropublisher wishes to provide other
finding aids to NARA, the finding aids would be donated to us under a
deed of gift which would restrict NARA's use of these products under
mutually acceptable terms.
The commenter also objected to the proposed Sec. 1254.94(k), which
stated that NARA would not approve requests for microfilming records if
we had insufficient staff to provide support, training, and monitoring
services. The commenter stated that we should not use budgetary
problems as justification for denying projects that achieve NARA goals
of both preserving records and enhancing broad public access to the
historical record. We believe the commenter's position is unreasonable
and we have retained this provision.
Fees for Microfilm Preparation and Training Services
The commenter questioned the fees for several services covered by
Secs. 1254.96 and 1254.100. He stated that the declassification and
reintegration of previously declassified materials to the files is a
fundamental NARA function, and costs should not be imposed on microfilm
publishers. We agree and have eliminated the following activities from
the list of microfilm preparation activities in Sec. 1254.96 for which
a fee will be assessed: verifying or correcting the arrangement of
documents after withdrawn items are reviewed and refiled when
appropriate, screening documents for possible restrictions on use,
declassifying security classified documents, and restoring recently
declassified records to the files. The commenter stated that the
assessment of fees to review document preparation work by NARA
supervisors and senior staff is an effort to unfairly and
disproportionately shift costs normally borne by NARA to
micropublishers. Since quality control is a service that the
microfilmer would expect to be included in document preparation, we
have eliminated review by supervisors or senior staff as a separate fee
item.
The commenter also stated his view that the training in proper
document handling required by Sec. 1254.100 did not have to be provided
by NARA staff. If we provide the training, however, he urged that the
program be more clearly defined and strengthened to provide for a
certification renewal. We disagree with these comments. A primary goal
of the training is to ensure that all persons working directly with
original records receive the same information, adapted as appropriate
to their specific tasks and responsibilities. Most of our training is
tailored, focusing on procedures for handling specific types of records
included in specific filming projects. Additional training may be
required if microfilm operators work on subsequent projects involving
different types of records. We believe the current description of the
training is clear in conveying its purpose that ``documents are not
damaged during copying and so that their original order is
maintained.'' We also see no need for a formal certification program.
Equipment Standards
The commenter noted that the proposed Sec. 1254.98(a) needlessly
restricted the use of non-table top models and emerging newer, more
technologically advanced cameras. We agree with this comment and have
revised the section to allow free standing/floor models if permission
is first received from the relevant NARA unit. A sentence has also been
added stating that new or improved camera types not specified in this
section will be approved for use on a case-by-case basis.
Fees for NARA Support Services
The commenter expressed concerns with the fees to be charged for
support services such as document preparation, document handling
training, and monitoring of microfilm projects. While the commenter
supported a ``processing'' fee that is fair and equitable, he did not
support paying for monitoring and document preparation services that
are provided for free to our on-site contractor and to individual
researchers. He also noted that the proposed rule did not address how
monitoring costs will be assessed when more than one project has
undertaken microfilming operations in the same area.
We believe the changes in this final rule removing document review
and declassification as document preparation services partially address
this comment. We note, however, that the commenter misunderstands the
relationship that we have with our on-site microfilm contractor. That
contractor is operating as a NARA agent in producing NARA microfilm or
fee reproductions for our customers, so we would not charge the
contractor these fees. The archival handling component of the fee that
the customer pays for a fee reproduction includes document preparation
costs that we incur for that order. Similarly, the archival handling
component of self-service electrostatic copying includes the cost of
monitoring that work.
We have clarified Sec. 1254.100(b) to specify that when more than
one project shares the same space, monitoring costs will be divided
equally among the projects. If we determine that the microfilm project
can be located in a research room that monitors researchers who are not
copying records, we will not assess a monitoring charge for monitoring
that is already being provided.
We also disagree with the commenter's view that we have not
provided a formula for the fees to be assessed for document
preparation, training, and monitoring. The proposed rule states that
fees will be based on direct salary costs (including benefits). We have
clarified in Sec. 1254.94(l) of the final rule that we will provide a
detailed estimate of the fees for each specific project based on this
formula in our letter providing tentative approval of the project. We
have also deleted the proposed Sec. 1254.100(l), which conflicted with
this provision.
Information Collections Subject to the Paperwork Reduction Act
The information collections in Secs. 1254.71(e), and 1254.92 are
subject to the Paperwork Reduction Act. Under this Act, no persons are
required to respond to a collection of information unless it displays a
valid OMB control number. The information collection in Sec. 1254.92
has been approved by OMB with the control number 3095-0017. The
information collection in Sec. 1254.71(e) has been approved by OMB with
the control number 3095-0035.
[[Page 19901]]
Plain Language
This regulation was published as a notice of proposed rulemaking
prior to January 1, 1999. We will rewrite it in the plain language
format required by the Presidential memorandum of June 1, 1998, Plain
Language in Government Writing, at a future time.
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 at the final rule stage. As required by the
Regulatory Flexibility Act, it is hereby certified that this rule will
not have a significant impact on small entities.
List of Subjects in 36 CFR Part 1254
Archives and records, Confidential business information, Freedom of
information, Micrographics, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, NARA is amending part
1254 of title 36, Code of Federal Regulations, as follows:
PART 1254--AVAILABILITY OF RECORDS AND DONATED HISTORICAL MATERIALS
1. The authority citation for part 1254 continues to read:
Authority: 44 U.S.C. 2101--2118; 5 U.S.C. 552; and E.O. 12600,
52 FR 23781, 3 CFR, 1987 Comp., p. 235.
2. Section 1254.1 is amended by revising paragraph (d) to read:
Sec. 1254.1 General provisions.
* * * * *
(d) A Regional Administrator, a director of a Presidential Library,
or a director of a Washington, DC, area research unit may require that
researchers under the age of 14 years be accompanied by an adult
researcher who agrees in writing to be present when the documents are
used and to be responsible for compliance with the research room rules
set forth in Subpart B.
* * * * *
3. Section 1254.2 is amended by revising paragraph (a) to read:
Sec. 1254.2 Location of documents and hours of use.
(a) Researchers should identify the location of the documents
needed. Information about the location of records may be obtained by
writing to the National Archives and Records Administration (NWCCR1),
Washington, DC 20408; by sending an e-mail message to [email protected];
sending a fax request to (301) 713-6920; or calling (202) 501-5400 or
(301) 713-6800.
* * * * *
4. Section 1254.6 is revised to read:
Sec. 1254.6 Researcher identification card.
An identification card is issued to each person whose application
is approved to use records other than microfilm. Cards are valid for 3
years. Cards may be renewed upon application. Cards are valid at each
facility. Cards are not transferable and must be presented if requested
by a guard or research room attendant.
Sec. 1254.8 [Amended].
5. In paragraphs (b) and (c) of Sec. 1254.8, remove the phrase
``the Director of the Legal Services Staff (NXL) or his designee'' and
add in its place the phrase ``the General Counsel (NGC) or his/her
designee''.
6. Section 1254.10 is revised to read:
Sec. 1254.10 Registration.
Researchers must register each day they enter a research facility,
furnishing the information on the registration sheet or scanning a bar-
coded researcher identification card, and may be asked to provide
additional personal identification.
7. Section 1254.12 is amended by revising paragraph (a) to read:
Sec. 1254.12 Researcher's responsibility for documents.
(a) The research room attendant may limit the quantity of documents
delivered to a researcher at one time. The researcher must sign for the
documents received and may be required to show his/her researcher
identification card. The researcher is responsible for the proper
handling of and prevention of damage to all documents delivered to him/
her until he/she returns them. When the researcher is finished using
the documents, the documents must be returned to the research room
attendant. The reference service slip that accompanies the documents to
the research room must not be removed. If asked to do so, the
researcher must return documents as much as 15 minutes before closing
time. Before leaving a research room, even for a short time, a
researcher must notify the research room attendant and place all
documents in their proper containers.
* * * * *
8. Section 1254.14 is amended by revising paragraph (b) to read:
Sec. 1254.14 Restrictions on using microfilm readers.
* * * * *
(b) The number of researchers in the microfilm research room in the
National Archives Building may be limited, for fire safety reasons, to
those researchers assigned a microfilm reader.
* * * * *
9. Section 1254.16 is amended by revising paragraphs (d) and (e) to
read:
Sec. 1254.16 Prevention of damage to documents.
* * * * *
(d) Documents must be identified for reproduction only with a paper
tab provided by NARA. Documents may not be identified with paper clips,
rubber bands, self-stick notes or similar devices.
(e) Microfilm must be carefully removed from and returned, rewound,
to the proper microfilm boxes. Care must be taken loading and unloading
microfilm from microfilm readers. Damaged microfilm must be reported to
the research room attendant as soon as it is discovered.
* * * * *
10. Section 1254.20 is revised to read:
Sec. 1254.20 Conduct.
(a) Regulations. Researchers are subject to the provisions of part
1280 of this chapter and to all rules and regulations issued and posted
or distributed by a facility director supplementing Subpart B of this
part, including rules on the use of NARA equipment. Eating, drinking,
chewing gum, or using smokeless tobacco products in a research room are
prohibited. Smoking is prohibited in all NARA facilities. Loud talking
and other activities likely to disturb other researchers are also
prohibited. Persons desiring to use typewriters, computers, sound
recording devices, or similar equipment must work in areas designated
by the research room attendant, when so required.
(b) Revocation of research privileges. Researchers who refuse to
comply with the rules and regulations of a NARA facility, or by their
actions or language demonstrate that they present a danger to documents
or NARA property, or present a danger to or verbally or physically
harass or annoy other researchers, NARA or contractor employees, or
volunteers may have their research privileges revoked by NARA for up to
180 days. The revocation of research privileges means that a researcher
loses research privileges at all NARA research rooms nationwide and, if
the researcher holds a valid researcher identification card, the loss
of the card. All NARA facilities will be notified of the revocation of
research privileges. A researcher whose research
[[Page 19902]]
privileges have been revoked will be sent a written notice of the
reasons for the revocation within 3 work days of the action.
(c) Reinstatement of research privileges. The researcher has 30
calendar days after the date of revocation to appeal the action in
writing and seek reinstatement of research privileges. Appeals should
be mailed to the Archivist of the United States (address: National
Archives and Records Administration (N), 8601 Adelphi Road, College
Park, MD 20740-6001). The Archivist has 30 calendar days from receipt
of an appeal to decide whether to reinstate research privileges. The
response will be made in writing and sent to the researcher whose
research privileges have been revoked. If the revocation of privileges
is upheld or if no appeal is made, the researcher may request
reinstatement of research privileges no earlier than 180 calendar days
from the date the privileges were revoked. This request may include
application for a new researcher identification card. The reinstatement
of research privileges applies to all research rooms, except that in
the case of a new researcher identification card, the researcher will
be issued a card for a probationary period of 60 days. At the end of
the probationary period, the researcher may apply for a new,
unrestricted identification card, which will be issued if the
researcher's conduct during the probationary period has been in
accordance with the rules of conduct set forth in this part and in 36
CFR part 1280.
(d) Extending the revocation period. 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, the researcher has failed to comply with the rules
of conduct for NARA facilities, NARA may extend the revocation of
privileges for 180-day periods. Researchers will be sent a written
notice all such extensions within 3 work days of NARA's decision to
continue the revocation of research privileges. The researcher has 30
calendar days after the decision to extend the revocation of research
privileges to appeal the action in writing. Appeals should be mailed to
the Archivist at the address given above. The Archivist has 30 calendar
days from receipt of an appeal to decide whether to reinstate research
privileges. The response will be made in writing and sent to the
researcher.
11. Section 1254.24 is amended by adding new paragraph (d) to read:
Sec. 1254.24 Locker use policy.
* * * * *
(d) NARA may charge a replacement fee for lost locker keys.
12. Section 1254.26 is amended by revising paragraphs (a) through
(d), the introductory text of paragraph (e), paragraphs (e)(2) and
(e)(3), paragraph (g), the introductory text of paragraph (h), and
paragraphs (h)(2)(i), (h)(2)(ii), (h)(5), and (h)(6) to read:
Sec. 1254.26 Additional rules for use of certain research rooms in
NARA facilities in the Washington, DC, area.
(a) Admission to research rooms in the National Archives Building
and the National Archives at College Park facility is limited to
individuals examining and/or copying documents and other materials in
the custody of the National Archives and Records Administration.
Children under the age of 14 will not be admitted to these research
rooms unless they have been granted research privileges or are granted
an exception to this provision to view specific documents that a parent
or other accompanying adult researcher is using. The exception will be
granted by the Chief of the Archives I or Archives II Research Room
Services Branch for a child who is able to read and who will be closely
supervised by the adult researcher while in the research room.
Normally, such a child will be admitted only for the short period
required to view the documents. Unless otherwise permitted, persons
without a researcher card may not actively participate in research
activities, e.g., removing, copying, or refiling documents. Students
under the age of 14 who wish to perform research on original documents
must apply in person to the Chief of the Research Room Services Branch
where the documents are located and present a letter of reference from
a teacher. Such students may contact NARA by phone or letter in advance
of their visit to discuss their eligibility for research privileges.
Students under the age of 14 who have been granted research privileges
will be required to be accompanied in the research room by an adult
with similar privileges, unless the Chief of the Archives I or Archives
II Research Room Services Branch specifically waives this requirement
with respect to individual researchers.
(b) The procedures in paragraphs (d) through (g) of this section
apply to all research rooms in the National Archives Building (except
the Microfilm Research Room) and in the National Archives at College
Park facility. These procedures are in addition to the procedures
specified elsewhere in this part.
(c) Researchers bringing personal computers, tape recorders,
cameras, and other equipment into the National Archives Building must
complete the Equipment Log at the guard's desk. The log will evidence
personal ownership and will be checked by the guard when such equipment
is removed from the building.
(d) Researchers must present a valid researcher identification card
to the guard or research room attendant on entering the research room.
All researchers are required to register their attendance each day.
Researchers will also register the time they leave the research area at
the end of the visit for that day. Researchers are not required to sign
in or out when leaving the area temporarily.
(e) Researchers may not bring into the research rooms overcoats,
raincoats, hats, or similar apparel; personal paper-to-paper copiers,
unless permitted in accordance with Sec. 1254.71(e) of this part;
briefcases, suitcases, day packs, purses, or similar containers of
personal property; notebooks, notepaper, note cards, folders or other
containers for paper. These items may be stored at no cost in lockers
available for researchers. The following exceptions may be granted:
* * * * *
(2) Notes, references, lists of documents to be consulted, and
other materials may be admitted if the chief of the branch
administering the research room or the senior staff member on duty in
the research room determines they are essential to a researcher's work
requirements. Materials approved for admission will be stamped,
initialed, and dated by a NARA or contractor employee, to indicate that
they are the personal property of the researcher;
(3) Personal computers, tape recorders, scanners, cameras, and
similar equipment may be admitted by the research room attendant
provided such equipment meet the approved standards for preservation
set by the NARA Preservation Programs unit. Use of researcher owned
equipment may be limited to designated areas within the research rooms.
If demand to use equipment exceeds the space available for equipment
use, time limits may be imposed. Equipment that could potentially
damage documents will not be approved. Scanners and other copying
equipment must meet these minimum standards:
(i) Equipment platens or copy boards must be the same size or
larger than the records. No part of a record may overhang the platen or
copy board.
(ii) No part of the equipment may come in contact with records in a
[[Page 19903]]
manner that causes friction, abrasion, or that otherwise crushes or
damages records.
(iii) Drum scanners are prohibited.
(iv) Automatic feeder devices on flatbed scanners are prohibited.
When using a slide scanner, slides must be checked after scanning to
ensure that no damage occurs while the slide is inside the scanner.
(v) Light sources must not raise the surface temperature of the
record being copied. Light sources that generate ultraviolet light must
be filtered.
(vi) All equipment surfaces must be clean and dry before being used
with records. Cleaning and equipment maintenance activities, such as
replacing toner cartridges, may not take place when records are
present. Aerosols or ammonia-containing cleaning solutions are not
permitted. A 50% water and 50% isopropyl alcohol solution is permitted
for cleaning. The chief of the branch administering the research room
or the senior staff member on duty in the research room will review the
determination made by the research room attendant if requested to do so
by the researcher; and
* * * * *
(g) The personal property of all researchers, including notes,
electrostatic copies, equipment cases, tape recorders, cameras,
personal computers, and other property, will be inspected before
removal from the research room. Guards and research room attendants may
request that a member of the research room staff examine such personal
items prior to their removal from the research room.
(h) In addition to the procedures in paragraphs (c) through (g) of
this section, the following procedures apply to the Motion Picture,
Sound, and Video Research Room (hereinafter, the ``research room'') in
the College Park facility:
* * * * *
(2) * * *
(i) Personal recording equipment brought into the unrestricted
viewing and copying area in the research room may be inspected and
tagged by the research room attendant prior to admittance. All
equipment and accessory devices must be placed on the carts provided by
NARA, except that a tripod holding a video camera may be placed on the
floor in front of a film-viewing station. NARA is not responsible for
damage to or loss of personal equipment and accessories.
(ii) Researchers shall remain in the research room while their
personal equipment is in use at an audio or video viewing station. The
film viewing stations must be attended at all times while in use.
Researchers shall remove their personal equipment from the research
room when they leave the room for the day.
* * * * *
(5) The NARA-furnished recorder or personal recording device and
media may be used to make a copy of unrestricted archival materials in
the research room.
(6) Each researcher will be provided a copy of the Motion Picture,
Sound, and Video Research Room rules and a warning notice on potential
copyright claims in unrestricted titles. The individual making and/or
using the copy is responsible for obtaining any needed permission or
release from a copyright owner for other than personal use of the copy.
* * * * *
13. Section 1254.27 is amended by revising the section heading and
paragraphs (a) and (c)(3) to read:
Sec. 1254.27 Additional rules for use of certain research rooms in
regional records services facilities and Presidential libraries.
(a) When directed by the appropriate regional administrator or
library director, the following procedures shall be observed in
regional records services facility and Presidential library archival
research rooms where original documents are used. These procedures are
in addition to the procedures specified elsewhere in this part.
* * * * *
(c) * * *
(3) Typewriters, personal computers, tape recorders, and hand-held
cameras may be admitted by the guard or research room attendant
provided that they are inspected, approved, and tagged prior to
admittance. For a regional records services facility, the regional
administrator, the director or other supervisor having responsibility
for research room operations in a facility, or the senior attendant on
duty will review the determination made by the guard or research room
attendant if requested to do so by the researcher. In a Presidential
library, the director, or the senior attendant on duty in the research
room will review the determination made by the guard or research room
attendant if requested to do so by the researcher. In facilities where
personal paper-to-paper copiers and scanners are permitted, the
researcher must obtain prior written approval from the facility
director to bring in the copier or scanner. The request to bring a
personal copier or scanner should state the space and power consumption
requirements and the intended period of use; and
* * * * *
14. Section 1254.70 is amended by revising paragraph (a) to read:
Sec. 1254.70 NARA copying services.
(a) The copying of documents will be done by a contractor or NARA
staff with equipment belonging to NARA. NARA reserves the right to make
a duplicate, at NARA expense, of any material copied. Such duplicates
may be used by NARA to make additional copies for others.
* * * * *
15. Section 1254.71 is amended by revising the section heading,
paragraphs (a) through (c)(2), and (d)(1); removing paragraph (g);
redesignating paragraphs (e) and (f) as paragraphs (f) and (g); adding
new paragraph (e), and revising redesignated paragraph (g) to read:
Sec. 1254.71 Researcher use of the self-service card-operated copiers
in the National Archives Building and the National Archives at College
Park.
(a) General. Self-service card-operated copiers are located in
research rooms in the National Archives Building and the National
Archives at College Park. Other copiers set aside for use by
reservation are located in designated research areas. Procedures for
use are outlined in paragraphs (b) through (h) of this section.
(b) Limitations and hours of use. (1) There is a 3-minute time
limit on copiers in research rooms when others are waiting to use the
copier. Researchers using microfilm reader-printers may be limited to
three copies when others are waiting to use the machine. Researchers
wishing to copy large quantities of documents should see a staff member
in the research room to reserve a copier for an extended time period.
(2) If an appointment must be canceled due to copier failure, NARA
will make every effort to schedule a new mutually agreed-upon time.
However, NARA will not displace researchers whose appointments are not
affected by the copier failure.
(c) Copying procedures. (1) Individual documents to be copied shall
be tabbed in accordance with the procedures governing the tabbing of
documents and; brought to the research room attendant for inspection in
the file unit. The research room attendant will examine the documents
to determine whether they can be copied on the self-service copier. The
chief of the branch administering the research room will review the
determination of suitability if asked to do so by the researcher. After
[[Page 19904]]
reproduction is completed, documents removed from files for copying
must be returned to their original position in the file container, any
fasteners removed to facilitate copying must be refastened, and any
tabs placed on the documents to identify items to be copied must be
removed.
(2) Researchers using the reserved copier must submit the
containers of documents to the attendant for review prior to the
appointment. The review time required is specified in each research
room. Research room attendants may inspect documents after copying.
* * * * *
(d) * * *
(1) Bound archival volumes (except when specialized copiers are
provided);
* * * * *
(e) Use of personal paper-to-paper copiers at the National Archives
at College Park facility. (1) NARA will approve a limited number of
researchers to bring in and use personal paper-to-paper copying
equipment in the Textual Research Room (Room 2000). Requests must be
made in writing to the Chief, Archives II Research Room Services Branch
(NWCCR2), National Archives and Records Administration, 8601 Adelphi
Rd., College Park, MD 20740-6001. Requests must identify the records to
be copied, the expected duration of the project, and the make and model
of the equipment.
(2) NARA will evaluate requests using the following criteria:
(i) A minimum of 3,000 pages must be copied;
(ii) The project is expected to take at least 4 weeks, with the
copier in use a minimum of 6 hours per day or 30 hours per week;
(iii) The copying equipment must meet the standards for
preservation set by NARA's Preservation Programs unit (see
Sec. 1254.26(e)(3) of this part); and
(iv) Space is available for the personal copying project. NARA will
allow no more than 3 personal copying projects in the research room at
one time, with Federal agencies given priority over other users.
(3) Researchers must coordinate with research room management and
oversee the installation and removal of copying equipment and are
responsible for the cost and supervision of all service calls and
repairs. Copying equipment and supplies must be removed within two
business days after the personal copying project is completed.
(4) NARA will not be responsible for any personal equipment or
consumable supplies.
(5) Each operator must obtain a valid researcher identification
card and be trained by NARA staff on the proper methods for handling
and copying archival documents.
(6) Operators must abide by all regulations on copying stated in
paragraphs (c), (d) and (f) of this section.
(7) NARA reserves the right to discontinue the privilege of using a
personal copier at any time without notice. Conditions under which NARA
would discontinue the privilege include: violation of one of the
conditions in paragraphs (c), (d), (e), or (f) of this section; a need
to provide space for a Federal agency; or a lack of NARA staff to
supervise the area.
* * * * *
(g) Purchasing debit cards for copiers. Researchers may use cash to
purchase a debit card from a vending machine during the hours that
self-service copiers are in operation. Additionally, debit cards may be
purchased with cash, check, money order, credit card, or funds from an
active deposit account from the Cashier's Office located in room G-1 of
the National Archives Building, and the researcher lobby of the College
Park facility, during posted hours. The debit card will, when inserted
into the copier, enable the user to make copies, for the appropriate
fee, up to the value on the debit card. Researchers may add value to
the debit card by using the vending machine. No refunds will be made.
The fee for self-service copiers is found in Sec. 1258.12 of this
chapter.
16. Section 1254.90 is revised to read:
Sec. 1254.90 General.
(a) This subpart establishes rules and procedures governing the use
of privately owned microfilm equipment to film accessioned archival
records and donated historical materials in the legal and physical
custody of the National Archives and Records Administration (NARA) by
foreign and domestic government agencies, private commercial firms,
academic research groups, and other entities or individuals who request
exemption from obtaining copies through the regular fee schedule
reproduction ordering system of NARA.
(b) Persons or organizations wishing to microfilm Federal agency
records in the physical custody of the Washington National Records
Center (WNRC) contact the director, WNRC, about procedures for
obtaining permission from the originating agency to film those records.
For information about procedures for obtaining permission from the
originating agency to film records in the records center operation of
one of NARA's regional records services 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 located,
or the director, NPRC, for records in NPRC.
(c) Federal agencies needing to microfilm archival records in
support of the agency's mission must contact the appropriate office as
specified in Sec. 1254.92 of this part, as soon as possible after the
need is identified, for information concerning standards and procedures
for microfilming archival records.
17. Section 1254.92 is amended by revising paragraphs (a) and (b)
and adding new paragraphs (d)(3) and (d)(4) to read as follows:
Sec. 1254.92 Requests to microfilm records and donated historical
materials.
(a) Requests to microfilm archival records or donated historical
materials (except donated historical materials under the control of the
Office of Presidential Libraries) in the Washington, DC area must be
made in writing to the Assistant Archivist for Records Services--
Washington, DC (NW), 8601 Adelphi Rd., College Park, MD 20740-6001.
Requests to microfilm archival records or donated historical materials
held in a NARA regional records service facility must be made in
writing to the Assistant Archivist for Regional Records Services (NR),
8601 Adelphi Rd., College Park, MD 20740-6001. Requests to microfilm
records or donated historical materials in a Presidential library or
donated historical materials in the Washington area under the control
of the Office of Presidential Libraries must be made in writing to the
Assistant Archivist for Presidential Libraries (NL), 8601 Adelphi Rd.,
College Park, MD 20740-6001. OMB control number 3095-0017 has been
assigned to the information collection contained in this section.
(b) Requests to use privately owned microfilm equipment should be
submitted four months in advance of the proposed starting date of the
microfilming project. Requests submitted with less advance notice will
be considered and may be approved if adequate NARA space and staff are
available and if all training, records preparation and other NARA
requirements can be completed in a shorter time frame. Only one 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, may be included in a request. NARA will not accept
additional requests from an individual or
[[Page 19905]]
organization to microfilm records in a NARA facility while NARA is
evaluating an earlier request from that individual or organization to
microfilm records at that facility. NARA will establish the number of
camera spaces available to a single project based upon the total number
of projects approved for filming at that time.
* * * * *
(d) * * *
(3) If the original documents are presidential or vice-presidential
records as specified in 44 U.S.C. 2201, the requester must agree to
include on the film this statement: ``The documents reproduced in this
publication are presidential records in the custody of the (name of
Presidential library or National Archives of the United States). NARA
administers them in accordance with the requirements of Title 44,
U.S.C. No copyright is claimed in these official presidential
records.''
(4) If the original documents are records of Congress, the
requester must agree to include on the film this statement: ``The
documents reproduced in this publication are among the records of the
(House of Representatives/Senate) in the physical custody of National
Archives and Records Administration (NARA). NARA administers them in
accordance with the requirements of the (House/Senate).
* * * * *
18. Section 1254.94 is amended by adding paragraphs (a)(1) through
(a)(3), (d)(3), (d)(4), (k), and (l), revising the introductory text of
paragraph (d), paragraph (d)(1) and paragraph (i), to read as follows:
Sec. 1254.94 Criteria for granting the requests.
(a) * * *
(1) In considering multiple requests to film at the same time, NARA
will give priority to microfilming records that have research value for
a variety of studies or that contain basic information for fields of
research in which researchers have demonstrated substantial interest.
(2) The records to be filmed should be reasonably complete and not
subject to future additions, especially of appreciable volumes, within
the original body of records. Records with pending or future end-of-
series additions are appropriate for filming.
(3) The records to be filmed should not have substantial numbers of
documents withdrawn because of continuing security classification or
privacy or other restriction.
* * * * *
(d) NARA will approve only requests which specify that NARA will
receive a first generation silver halide duplicate negative containing
no splices made from the original camera negative of the microform
record created in accordance with part 1230 of this chapter. NARA may
waive any of the requirements of this paragraph at its discretion.
(1) NARA may use this duplicate negative microform to make
duplicate preservation and reference copies. The copies may be made
available for NARA and public use in NARA facilities and programs
immediately upon receipt, subject to the limitation in paragraph (d)(2)
of this section.
* * * * *
(3) Detailed roll lists must be delivered 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. NARA prefers 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, the records layout identifying the fields,
any coded values for fields, and explanations of any delimiters should
be transferred with the list.
(4) Microfilm projects may donate to NARA additional indexes and/or
finding aids. NARA and the microfilm project will execute a deed of
gift that will specify restrictions on NARA's use and dissemination of
these products under mutually acceptable terms.
* * * * *
(i) NARA will not approve requests to microfilm records in NARA
facilities in which there is insufficient space available for private
microfilming. NARA also will not approve requests where the only space
available for filming is in the facility's research room, and such work
would disturb researchers. NARA will not move records from a facility
lacking space for private microfilming to another NARA facility for
that purpose. When a NARA facility does not have enough space to
accommodate all the requests made, NARA may schedule separate projects
by limiting the time allowed for each particular project or by
requiring projects to alternate in the use of the space.
* * * * *
(k) NARA will not approve requests to microfilm records when there
is not enough staff to provide the necessary support services,
including document preparation, training of private microfilmers, and
monitoring the filming.
(l) NARA will not approve the start of a project to microfilm
records until the requestor has agreed in writing to the amount and
schedule of fees for any training, microfilm preparation, and
monitoring by NARA staff that is necessary to support that specific
project. NARA's letter of tentative approval for the project will
include an agreement detailing the records in the project and the
detailed schedule of fees for NARA services for the project. NARA will
give final approval when NARA receives the requestor's signed copy of
the agreement.
Sec. 1254.96 [Amended]
19. Section 1254.96 is amended by removing paragraphs (a)(1)
through (a)(3) and designating existing paragraphs (a)(4) and (a)(5) as
(a)(1) and (a)(2) respectively.
20. Section 1254.98 is amended by revising paragraph (a) to read:
Sec. 1254.98 Equipment standards.
(a) Because space in many NARA facilities is limited, microfilm/
fiche equipment should be operable from a table top unless NARA has
given written permission to use free standing/floor model cameras. Only
planetary type camera equipment may be used. Automatic rotary cameras
and other equipment with automatic feed devices may not be used. Book
cradles or other specialized equipment designed for use with bound
volumes, oversized documents, or other formats may be approved by NARA
on a case-by-case basis. Other camera types not specified in this
section may be approved for use on a case-by-case basis.
* * * * *
21. Section 1254.100 is amended by revising paragraphs (b), (c) and
(g) to read:
Sec. 1254.100 Microfilming procedures.
* * * * *
(b) Documents must be handled in accordance with the training and
instructions provided by NARA personnel so that documents are not
damaged during copying and so that their original order is maintained.
Only persons who have attended NARA training will be permitted to
handle the documents or supervise microfilming operations. Training
will be offered only in Washington, DC. NARA will charge the requester
fees for training services and these fees will be based on direct
salary costs (including benefits) and any related supply costs. Such
fees will be specified in the written agreement required for project
approval in Sec. 1254.94(l).
(c) Documents from only one file unit may be microfilmed at a time.
After reproduction is completed, documents removed from files for
microfilming
[[Page 19906]]
must be returned to their original position in the file container, any
fasteners removed to facilitate copying must be refastened, and any
tabs placed on the documents to identify items to be copied must be
removed.
* * * * *
(g) Microfilm equipment may be operated only in the presence of the
research room attendant or a designated NARA employee. 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, NARA will 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. The monitoring service fees will be specified in the
written agreement required for project approval in Sec. 1254.94(l).
* * * * *
22. Section 1254.102 is amended by adding paragraph (e) to read:
Sec. 1254.102 Rescinding permission.
* * * * *
(e) If the person or organization fails to pay NARA fees in the
agreed to amount or on the agreed to payment schedule.
Dated: April 16, 1999.
John W. Carlin,
Archivist of the United States.
[FR Doc. 99-10063 Filed 4-22-99; 8:45 am]
BILLING CODE 7515-01-P