[Federal Register Volume 67, Number 129 (Friday, July 5, 2002)]
[Rules and Regulations]
[Pages 44765-44766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16663]


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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: Final rule.

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SUMMARY: NARA is revising 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

[[Page 44766]]

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. This final rule will apply to the public.

EFFECTIVE DATE: August 5, 2002.

FOR FURTHER INFORMATION CONTACT: Kim Richardson at telephone number 
301-837-2902, or fax number 301-837-0319.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the March 
15, 2002, Federal Register (67 FR 11632) for a 60-day comment period. 
NARA did not receive any comments. This rule is a significant 
regulatory action for the purposes of Executive Order 12866 and has 
been 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 amends 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.


    1. 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.
* * * * *

    2. 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.
* * * * *

    3. 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: May 23, 2002.
John W. Carlin,
Archivist of the United States.
[FR Doc. 02-16663 Filed 7-3-02; 8:45 am]
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