[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Rules and Regulations]
[Pages 53882-53883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23337]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1280

RIN 3095-AB17


NARA Facilities; Public Use

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

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SUMMARY: NARA is modifying its regulations for using NARA facilities. 
Our existing regulations specify conduct rules on NARA property, which 
is defined as property under the control of the Archivist. We are 
adding threats as a prohibited behavior because of the risk to persons 
and property potentially posed by threats, and because of the increased 
number of email and telephone threats received in NARA facilities. We 
are also specifying the types of corrective action NARA imposes for 
prohibited behavior. This final rule specifies the formal procedures 
that we follow when banning individuals from our facilities and adds 
appeal procedures for individuals who want to request a reconsideration 
of the determination. Last, we are applying these changes to NARA 
property and to NARA-occupied space in facilities that are under the 
control of other agencies.

EFFECTIVE DATE: October 15, 2003.

FOR FURTHER INFORMATION CONTACT: Kim Richardson at telephone number 
301-837-2902.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the April 
18, 2003, Federal Register (67 FR 19168) 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. This rule is not 
a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of 
Agency Rulemaking. 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 1280

    Federal buildings and facilities.


0
For the reasons set forth in the preamble, NARA amends part 1280 of 
title 36, Code of Federal Regulations, chapter XII, as follows:

PART 1280--PUBLIC USE OF NARA FACILITIES

0
1. The authority citation for part 1280 is revised to read as follows:

    Authority: 44 U.S.C. 2102 notes, 2104(a), 2112(a)(1)(A)(iii), 
2903


0
2. Amend Sec.  1280.1 by revising paragraphs (b) and (c) and adding 
paragraph (d) as follows:


Sec.  1280.1  What is the purpose of this part?

* * * * *
    (b) When you are using other NARA facilities, the General Services 
Administration (GSA) regulations, Conduct on Federal Property, at 41 
CFR part 102-74, Subpart C, apply to you. These facilities are the NARA 
regional records services facilities, the Washington National Records 
Center in Suitland, MD, the National Personnel Records Center in St. 
Louis, MO, and the Office of the Federal Register in Washington, DC. 
The rules in Sec. Sec.  1280.32(l), 1280.34 (a)(1) and (a)(2), and 
1280.36 also apply to you. The rules in Subpart B of this part also 
apply to you if you wish to film, take photographs, or make videotapes. 
The rules in Subpart F of this part also apply to you if you wish to 
use the NARA-assigned conference rooms in those facilities.
    (c) If you are using records in a NARA research room in a NARA 
facility, you must also follow the rules in 36 CFR part 1254. If you 
violate a rule or regulation in 36 CFR part 1254, you are subject to 
the types of corrective action set forth in that part, including 
revocation of research privileges.
    (d) If you violate a rule or regulation in this part you are 
subject to, among other types of corrective action, removal and banning 
from the facility.

0
3. Amend Sec.  1280.32 by adding paragraph (l) to read as follows:


Sec.  1280.32  What other behavior is not permitted?

* * * * *
    (l) Threatening directly (e.g., in-person communications or 
physical gestures) or indirectly (e.g., via regular mail, electronic 
mail, or phone) any NARA employee, visitor, volunteer, contractor, 
other building occupants, or property.

0
4. Add Sec.  1280.34 and Sec.  1280.36 to subpart A to read as follows:


Sec.  1280.34  What are the types of corrective action NARA imposes for 
prohibited behavior?

    (a) Individuals who violate the provisions of this part are subject 
to:
    (1) Removal from the premises (removal for up to seven calendar 
days) and possible law enforcement notification;
    (2) Banning from property owned or operated by NARA;
    (3) Arrest for trespass; and
    (4) Any additional types of corrective action prescribed by law.
    (b) The regional administrator of the facility (or the director if 
so designated) has the authority to have the individual immediately 
removed and denied further access to the premises for up to seven 
calendar days. During this removal period, the Assistant Archivist for 
Administrative Services renders a decision on whether the individual 
should be banned from specific or all NARA facilities permanently or 
temporarily (in up to one-year increments). Long-term banning under 
this part includes automatic revocation of research privileges, 
notwithstanding the time periods set forth in 36 CFR 1254.20. Research 
privileges remain revoked until the ban is lifted, at which time an 
application for new privileges may be submitted.
    (c) Upon written notification by the Assistant Archivist for 
Administrative Services, individuals may be banned from all NARA 
facilities. All NARA facilities will be notified of the banning of 
individuals.

[[Page 53883]]

Sec.  1280.36  May I file an appeal if I am banned from NARA 
facilities?

    Yes, within 30 calendar days of receiving such notification, an 
individual may appeal the decision in writing. In the request, the 
individual must state the reasons for the appeal and mail it to the 
Deputy Archivist of the United States for reconsideration (address: 
National Archives and Records Administration (ND), 8601 Adelphi Road, 
College Park, MD 20740-6001). The Deputy Archivist has 30 calendar days 
from receipt of an appeal to make a decision to rescind, modify, or 
uphold the ban. If the ban is upheld, further requests by the affected 
individual will not be acted upon if received prior to the expiration 
of a period of one year from the date of the last request for 
reconsideration. After one year has passed, a further request for 
reconsideration will be considered, and the Deputy Archivist will 
decide, within 30 calendar days of receiving the request, whether the 
ban remains in place or is rescinded. Notice of the decision will be 
provided in writing to the affected individual.

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5. Revise Sec.  1280.100 to read as follows:


Sec.  1280.100  What are the rules of conduct at NARA regional records 
services facilities?

    While at any NARA regional records services facility, you are 
subject to all of the following:
    (a) The GSA regulations, Conduct on Federal Property (41 CFR Part 
102-74, Subpart C);
    (b) The rules in Subparts B and F of this part;
    (c) Section 1280.1(b through d);
    (d) Section 1280.32(l);
    (e) Section 1280.34 (a)(1) and (a)(2); and
    (f) Section 1280.36.

    Dated: August 14, 2003.
John W. Carlin,
Archivist of the United States.
[FR Doc. 03-23337 Filed 9-12-03; 8:45 am]
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