[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Proposed Rules]
[Pages 11632-11633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6190]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1275

RIN 3095-AB07


Nixon Presidential Materials; Reproduction

AGENCY: National Archives and Records Administration (NARA).

ACTION: Proposed rule.

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SUMMARY: NARA is proposing to modify the regulations for obtaining 
copies of the Nixon White House tape recordings which are in NARA 
custody. First, NARA is now allowing the public to obtain copies of all 
Nixon White House tape recordings after they are officially released to 
the public. Previously, NARA only permitted the public to obtain 
selected tape recordings. Second, the ban on self-service copying of 
these tapes is lifted. These changes reflect modifications in the 1996 
Nixon Tapes Settlement Agreement that became effective April 1, 2001. 
These regulations apply to the public.

DATES: Comments are due by May 14, 2002.

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. You may also comment via email to 
[email protected]. See the SUPPLEMENTARY INFORMATION for details.

FOR FURTHER INFORMATION CONTACT: Kim Richardson at telephone number 
301-713-7360, ext. 240, or fax number 301-713-7270.

SUPPLEMENTARY INFORMATION: NARA is updating the regulations affecting 
research use of the Nixon Presidential Materials in NARA custody to 
reflect a change in the 1996 Nixon Tapes Settlement Agreement. NARA is 
amending Sec. 1275.64, Sec. 1275.66, and Appendix A of the regulations.
     The proposed Sec. 1275.64 includes a provision allowing 
for the reproduction of tape recordings opened to the public. Effective 
April 20, 2001, the Nixon estate agreed to allow NARA to make available 
for sale and copying all tape recordings of conversations from the 
Nixon presidency that have been previously opened. Prior to April 20, 
2001, NARA only permitted the public to obtain copies of selected tape 
recordings through a vendor. Self-service copying was not permitted. 
These changes to the negotiated Nixon Tapes Settlement Agreement are 
not applicable to tapes that have not yet been released.
     The proposed Sec. 1275.66 is expanded to include tape 
recordings. This change allows the self-service copying of tape 
recordings.
     The proposed introductory paragraph to Appendix A--
Settlement Agreement, waives paragraph 11 of the Agreement. The rule in 
paragraph 11 states that the public has to wait until January 1, 2003, 
to copy tapes not made publicly available before April 12, 1996. This 
rule is no longer applicable.
    Please submit email comments within the body of your email message 
or attach comments as an ASCII file avoiding the use of special 
characters and any form of encryption. Please also include ``Attn: 
3095-AB07 and your name and return address in your Internet message. If 
you do not receive a confirmation that we have received your email 
message, contact the Regulation Comment Desk at 301-713-7360, ext. 226.
    This proposed rule is a significant regulatory action for the 
purposes of Executive Order 12866 and has been

[[Page 11633]]

reviewed by the Office of Management and Budget. As required by the 
Regulatory Flexibility Act, I certify that this rule will not have a 
significant impact on a substantial number of small entities. This 
regulation does not have any federalism implications.

List of Subjects in 36 CFR Part 1275

    Archives and records.

    For the reasons set forth in the preamble, NARA proposes to amend 
part 1275 of title 36, Code of Federal Regulations, as follows:

PART 1275--PRESERVATION AND PROTECTION OF AND ACCESS TO THE 
PRESIDENTIAL HISTORICAL MATERIALS OF THE NIXON ADMINISTRATION

    1. The authority citation for part 1275 is revised to read as 
follows:

    Authority: 44 U.S.C. 2104, 2111 note.

    2. Amend Sec. 1275.64 by revising paragraph (d) to read as follows:


Sec. 1275.64  Reproduction of tape recordings of Presidential 
conversations.

* * * * *
    (d) The reproduction for members of the public of the reference 
copies of the available tape recordings described in paragraph (a) of 
this section will be permitted as follows: Copies of tape recordings 
will be made available following the public release of the tape 
segments contemplated in Sec. 1275.42(a). Effective as of April 20, 
2001, NARA will allow members of the public to obtain copies of all 
tapes that have been made available to the public by that date and that 
subsequently become available as they are released. Such copying will 
be controlled by NARA or its designated contractor. The fees for the 
reproduction of the tape recordings under this section shall be those 
prescribed in the schedule set forth in part 1258 of this chapter.
* * * * *
    3. Amend Sec. 1275.66 by revising paragraph (a) to read as follows:


Sec. 1275.66  Reproduction and authentication of other materials.

    (a) Copying of materials, including tape recordings described in 
Sec. 1275.64, may be done by NARA, by a contractor designated by NARA, 
or by researchers using self-service copiers or copying equipment.
* * * * *
    4. Amend Appendix A to Part 1275--Settlement Agreement, by revising 
the introductory paragraph to read as follows:

Appendix A to Part 1275--Settlement Agreement

    Settlement Agreement filed April 12, 1996, in Stanley I. Kutler 
and Public Citizen v. John W. Carlin, Archivist of the United 
States, and William E. Griffin and John H. Taylor, Co-executors of 
Richard M. Nixon's Estate, Civil Action No. 92-0662-NHJ (D.D.C.) 
(Johnson, J.). By letter dated April 17, 2001, NARA and the Nixon 
estate agreed to waive paragraph 11 of this Settlement Agreement, 
such that the delay on public copying until January 1, 2003, of 
tapes not made publicly available before April 12, 1996, shall no 
longer apply. This change is reflected in 36 CFR 1275.64.
* * * * *

    Dated: February 8, 2002.
John W. Carlin,
Archivist of the United States.

[FR Doc. 02-6190 Filed 3-14-02; 8:45 am]
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