[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