[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Rules and Regulations]
[Pages 39313-39324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14753]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 125 / Wednesday, June 30, 2004 / 
Rules and Regulations  

[[Page 39313]]



NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Parts 1254 and 1284

RIN 3095-AB10


Revision of NARA Research Room Procedures

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NARA has revised its regulations on research room procedures 
to incorporate several changes, and also to clarify it using plain 
language. In addition, information about the loan of archival materials 
for exhibits has been moved to 36 CFR part 1284. This rule affects the 
public.

DATES: Effective Date: July 30, 2004.

FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1801.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the March 
31, 2004, Federal Register (69 FR 16863) for a 60-day public comment 
period. NARA notified several researcher organizations about the 
proposed rule. A copy of the proposed rule was also posted on the NARA 
Web site and in onsite research rooms in NARA facilities. NARA received 
two responses to the proposed rule from the public.
    The majority of the proposed rule was dedicated to NARA's research 
room rules nationwide in part 1254. The proposed rule also included in 
part 1254 NARA's policy about private microfilming of archival 
materials. The proposed rule further proposed to change our regulations 
by moving our policy on loaning archival materials for exhibits to part 
1284.
    One member of the public suggested that NARA issue identification 
cards with fingerprints and photographs to researchers using original 
materials. NARA already issues photo identification cards in locations 
containing the largest volume and most heavily consulted historical 
materials. We may be able to implement photo identification cards in 
other NARA facilities and may do so when practicable. We do not have 
legal authority to take fingerprints from the public, however, and did 
not adopt that recommendation.
    One member of the public commented that NARA should not have 
detailed regulations but rather provide discretion to NARA managers in 
how to operate research rooms under their jurisdiction. We did not 
adopt this comment. While managers may have some latitude in making 
decisions based on local circumstances, NARA believes that having 
research room rules codified in regulations is a public service to help 
provide a common understanding among our users.
    One member of the public suggested that NARA encourage the use of 
digital cameras and discourage personal copiers. Our foremost concern 
about the creation of any copies of historical materials is with the 
preservation of the originals. As long as the equipment and the 
conditions of its use complies with NARA's need to preserve the 
original materials, researchers may use the equipment that meets their 
needs.
    One public commenter urged NARA to have private microfilmers create 
microfilm publications or copies by digitally scanning original 
historical materials, rather than filming materials with conventional 
microfilm methods. The commenter argued that scanning first produces 
superior quality microfilm than conventional filming. The commenter 
also believed that the regulations ought to indicate when documents 
should be scanned first and include technical requirements for scanning 
equipment and the microfilm produced from the scanners. In addition, 
the commenter said that NARA should require that vendors produce copies 
of all digital files for NARA use, including posting on its Web site.
    In the proposed rule, we indicated our intention to retain the 
subpart outlining our policies for private microfilming of records and 
donated historical materials in our custody without substantive change. 
We intend to address private scanning and digitizing project requests 
in a future rulemaking.
    One public commenter pointed out that some of the information about 
microfilm and copyright needed clarification. In Sec.  1254.98, the 
publisher does not need to do anything to have its work protected by 
copyright law because any new information added to the filmed documents 
is automatically protected. The publisher can only claim copyright to 
its own material added to the film; NARA documents in the public domain 
remain in the public domain, as indicated in Sec.  1254.96. The 
commenter also said that NARA needs to claim a royalty-free worldwide 
license to not only sell copies of the publication, but also to 
reproduce, distribute, display images, print from, digitize, and 
prepare derivative works from the copyright-protected portions after 7 
years.
    We agreed that the language in Sec.  1254.98 needed some 
clarification for better reader understanding and made some necessary 
changes. We removed language implying that a microfilm publisher must 
apply for copyright protection. We also clarified NARA's rights to 
subsequent use of any publication in Sec.  1254.98 and related text in 
Sec. Sec.  1254.100(g)(1) and 1254.100(g)(2).
    We proposed moving the existing Sec.  1254.1(f) on the loan of NARA 
archival materials to other institutions for exhibit purposes to part 
1284 of this chapter. One commenter said that NARA should lend 
documents to other archival institutions for research use. We did not 
adopt this comment. While NARA has recognized the benefits of making 
historical materials available through loan to other institutions 
temporarily for exhibit purposes, we do not generally make temporary 
loans for research purposes--even to Federal agencies for reference 
purposes as indicated at Sec.  1228.280.
    This final 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 (OMB). As required by the Regulatory 
Flexibility Act, it is hereby certified that this final rule will not 
have a significant impact on a substantial number of small entities 
because this rule applies to individual researchers. This final rule 
contains two information collections previously approved by OMB. This 
final rule does not have any federalism implications.

[[Page 39314]]

This rule is not a major rule as defined in 5 U.S.C. Chapter 8, 
Congressional Review of Agency Rulemaking.

List of Subjects

36 CFR Part 1254

    Archives and records, Micrographics.

36 CFR Part 1284

    Archives and records, Federal buildings and facilities.


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

0
1. Revise Part 1254 to read as follows:

PART 1254--USING RECORDS AND DONATED HISTORICAL MATERIALS

Subpart A--General Information
Sec.
1254.1 What kinds of archival materials may I use for research?
1254.2 Does NARA provide information about documents?
1254.4 Where and when are documents available to me for research?
1254.6 Do I need a researcher identification card to use archival 
materials at a NARA facility?
1254.8 What information do I need to provide when applying for a 
researcher identification card?
1254.10 For how long and where is my researcher identification card 
valid?
1254.12 Will NARA log or inspect my computer, other equipment, and 
notes?
1254.14 Are some procedures in regional archives and Presidential 
libraries different from those in the Washington, DC, area?
Subpart B--Research Room Rules

General Procedures

1254.20 What general policies apply in all NARA facilities where 
archival materials are available for research?
1254.22 Do I need to register when I visit a NARA facility for 
research?
1254.24 Whom does NARA allow in research rooms?
1254.26 What can I take into a research room with me?
1254.28 What items are not allowed in research rooms?
1254.30 Does NARA provide any supplies?
1254.32 What rules apply to public access use of the Internet on 
NARA-supplied computers?

Rules Relating To Using Original Documents

1254.34 What are my responsibilities when using documents?
1254.36 What care must I take when handling documents?
1254.38 How do I keep documents in order?
1254.40 How does NARA prevent removal of documents?

Rules Relating To Using Microfilm

1254.42 What are the rules that apply to using self-service 
microfilm?
1254.44 How long may I use a microfilm reader?

Other Conduct Rules

1254.46 Are there other rules of conduct that I must follow?
1254.48 When does NARA revoke research privileges?
1254.50 Does NARA consider reinstating research privileges?
1254.52 Can NARA extend the period of revoked research privileges?
Subpart C--Copying Archival Materials

General Information

1254.60 What are NARA's copying services?
1254.62 Does NARA have archival materials protected by copyright?
1254.64 Will NARA certify copies?

Rules Relating To Self-Service Copying

1254.70 How may I make my own copies of documents?
1254.72 What procedures do I follow to copy documents?
1254.74 What documents are unsuitable for copying on a self-service 
or personal copier or scanner?
1254.76 What procedures do I follow to copy formerly national 
security-classified documents?

Rules Relating To Using Copying Equipment

1254.80 Does NARA allow me to use scanners or other personal copying 
equipment?
1254.82 What limitations apply to my use of self-service card-
operated copiers?
1254.84 How may I use a debit card for copiers in the Washington, 
DC, area?
1254.86 May I use a personal paper-to-paper copier at the National 
Archives at College Park?
1254.88 What are the rules for the Motion Picture, Sound, and Video 
Research Room at the National Archives at College Park?
Subpart D--Microfilming Archival Materials
1254.90 What is the scope of this subpart?
1254.92 How do I submit a request to microfilm records and donated 
historical materials?
1254.94 What must my request include?
1254.96 What credits must I give NARA?
1254.98 May NARA make subsequent use of my publication?
1254.100 How does NARA evaluate requests?
1254.102 What requests does NARA not approve?
1254.104 How does NARA determine fees to prepare documents for 
microfilming?
1254.106 What are NARA's equipment standards?
1254.108 What are NARA's requirements for the microfilming process?
1254.110 Does NARA ever rescind permission to microfilm?

    Authority: 44 U.S.C. 2101-2118.

Subpart A--General Information


Sec.  1254.1  What kinds of archival materials may I use for research?

    (a) The National Archives and Records Administration (NARA) 
preserves records of all three branches (Executive, Legislative, and 
Judicial) of the Federal Government in record groups that reflect how 
government agencies created and maintained them. Most of these records 
are of Executive Branch agencies. We also have individual documents and 
collections of donated historical materials that significantly 
supplement existing records in our custody or provide information not 
available elsewhere in our holdings. Descriptions of many of our 
records are available through our Web site, http://www.archives.gov.
    (b) We provide information about records and we make them available 
to the public for research unless they have access restrictions. Some 
records may be exempt from release by law. Donors may apply 
restrictions on access to historical materials that they donate to 
NARA. Access restrictions are further explained in part 1256 of this 
chapter. We explain procedures for obtaining information about records 
in Sec.  1254.2.
    (c) In addition to traditional paper (textual) materials, our 
holdings also include special media materials such as microfilm, still 
pictures, motion pictures, sound and video recordings, cartographic and 
architectural records, and electronic records. The majority of these 
materials are housed at the National Archives at College Park, 8601 
Adelphi Road, College Park, MD 20740-6001. Many of these types of 
materials also are represented in the holdings of our Presidential 
libraries and our regional archives facilities listed in part 1253 of 
this chapter.
    (d) The majority of our archival materials are 30 years old or 
older.
    (e) Records creating agencies hold the legal title and control 
access to records housed in NARA records centers. Our procedures to 
obtain access to these records are in Sec.  1256.2.


Sec.  1254.2  Does NARA provide information about documents?

    (a) Upon request, we provide overall information about our holdings 
or about specific documents, if the time required to furnish the 
information is not excessive and if the information is not restricted 
(see part 1256 of this chapter). For anyone unable to visit, we may 
provide information contained in specific documents by offering copies 
of the documents for a fee (see Sec.  1254.60).
    (b) Requests must be on designated forms when we require them. The 
Office

[[Page 39315]]

of Management and Budget (OMB) approves these forms as information 
collections and the forms bear the approved control number.
    (c) If requests that we receive in the normal course of reference 
service do not specifically cite the Freedom of Information Act (5 
U.S.C. 552, as amended), we do not consider those requests made under 
the Act. To make a request under the Act, follow the procedures in part 
1250 of this chapter.


Sec.  1254.4  Where and when are documents available to me for 
research?

    (a) You may obtain general information about the location of 
records by visiting the NARA Web site at www.archives.gov; writing to 
the National Archives and Records Administration (NWCC2), 8601 Adelphi 
Road, College Park, MD 20740-6001; completing our Inquire form at 
http://www.archives.gov/global_pages/inquire_form.html; sending a fax 
request to (301) 837-0483; or calling (202) 501-5400, (301) 837-2000, 
or toll free (866) 272-6272.
    (b) The locations and hours of operation (expressed in local time) 
of NARA's research rooms are shown in part 1253 of this chapter. 
Contact our facilities directly for information about their particular 
holdings. A facility or unit director may authorize that documents be 
made available at times other than the times specified in part 1253.
    (c) Before planning a visit, contact the facility holding materials 
of potential interest to determine whether the documents are available, 
whether there are enough documents to warrant a visit, or whether 
ordering copies would be more practical.
    (d) In addition to the procedures in this part, researchers who 
wish to use archival materials that contain national security 
classified information must follow procedures in part 1256 of this 
chapter.


Sec.  1254.6  Do I need a researcher identification card to use 
archival materials at a NARA facility?

    (a) Yes, you need a researcher identification card to use original 
archival materials at a NARA facility. See Sec. Sec.  1254.8 and 
1254.10 for information on obtaining a card.
    (b) You also need a researcher identification card if you wish to 
use only microfilm copies of documents in a NARA facility where the 
microfilm research room is not separate from textual research rooms.
    (c) If you are using only microfilm copies of records in the 
National Archives Building and some regional archives where the 
microfilm research room is separate from textual research rooms, you do 
not need an identification card but you must register as described in 
Sec.  1254.22.


Sec.  1254.8  What information do I need to provide when applying for a 
researcher identification card?

    (a) You must apply in person and show identification containing 
your picture or physical description, such as a driver's license or 
school identification card. You also must provide proof of your current 
address, such as a bank statement, utility bill, or department of motor 
vehicles change of address card, if the address on your driver's 
license or other identification is not current. Students who consider 
the home of their parents as their permanent address, but who do not 
live there during the academic session, must provide their current 
student address. If you travel long distance to conduct research in 
original archival materials at a NARA facility, we may ask you how we 
can contact you locally. In special circumstances, the director of a 
facility or unit has the authority to grant exceptions to these 
requirements.
    (b) If you apply for access to large quantities of documents or to 
documents that are especially fragile or valuable, we may require you 
to furnish additional information about reasons why you require access. 
Some materials are too fragile or valuable for direct handling or 
viewing. Preservation concerns (see Sec. Sec.  1254.20(b) and 
1254.36(e)) and availability of resources (see Sec.  1254.20(c)) may 
limit our ability to accommodate certain requests.
    (c) If you are younger than 14, you must follow the procedures in 
Sec.  1254.24 to seek permission to conduct research.
    (d) We do not issue you a researcher identification card if the 
appropriate supervisor or director of the NARA facility determines that 
the documents that you wish to use are not in the legal custody of NARA 
and you do not present appropriate written authorization from the legal 
title holder to examine the documents.
    (e) The collection of information contained in this section has 
been approved by the Office of Management and Budget with the control 
number 3095-0016.


Sec.  1254.10  For how long and where is my researcher identification 
card valid?

    (a) Your card is valid for 1 year and may be renewed. Cards we 
issue at one NARA facility are valid at each facility, except as 
described in paragraph (b) of this section. Cards are not transferable 
and you must present your card if a guard or research room attendant 
requests to see it.
    (b) At NARA facilities in the Washington, DC, area and other NARA 
facilities that issue and use plastic researcher identification cards 
as part of their security systems, NARA issues a plastic card to 
replace the paper card issued at some NARA facilities at no charge. The 
plastic card is acceptable at all NARA facilities.


Sec.  1254.12  Will NARA log or inspect my computer, other equipment, 
and notes?

    (a) If you bring personal computers, scanners, tape recorders, 
cameras, and other equipment into our facilities, we will inspect the 
equipment.
    (1) In the Washington, DC, area, you must complete the Equipment 
Log at the guard's desk. The guard checks the log for proof of your 
personal ownership before you remove your equipment from the building.
    (2) In the regional archives and Presidential libraries, we may tag 
your equipment after inspection and approval.
    (b) Not all NARA facilities permit you to take your personal notes 
into the research room. In research rooms that permit taking in your 
notes, a NARA or contractor employee may stamp, initial, and date notes 
and other research materials we approve for admission to indicate that 
they are your personal property.
    (c) We inspect your personal property, including notes, 
electrostatic copies, equipment cases, tape recorders, cameras, 
personal computers, and other property, before you may remove them from 
our research rooms or facilities.


Sec.  1254.14  Are some procedures in regional archives and 
Presidential libraries different from those in the Washington, DC, 
area?

    Yes, the variety of facilities, locations of research rooms, room 
sizes, and other factors contribute to differences in some, but not 
all, practices from the Washington, DC, area. When the appropriate 
regional director of archival operations or Presidential library 
director indicates, you must follow the procedures in regional archives 
and Presidential library archival research rooms where researchers use 
original documents. These procedures are in addition to the procedures 
we specify elsewhere in this part. The procedures are either posted in 
the facility or the staff gives copies of them to researchers.

[[Page 39316]]

Subpart B--Research Room Rules

General Procedures


Sec.  1254.20  What general policies apply in all NARA facilities where 
archival materials are available for research?

    (a) Researchers may use original documents only in the designated 
research room at the facility where they are stored.
    (b) Researchers must use microfilm copies or other alternative 
copies of documents when available, rather than the original documents. 
Some of our microfilm publications are available in more than one NARA 
facility.
    (c) We may limit the quantity of documents that we deliver to you 
at one time. In some research rooms, we furnish records according to a 
specific time schedule.


Sec.  1254.22  Do I need to register when I visit a NARA facility for 
research?

    (a) Yes, you must register each day you enter a NARA research 
facility by furnishing the information on the registration sheet or 
scanning a bar-coded researcher identification card. We may ask you to 
provide additional personal identification.
    (b) NARA facilities in the Washington, DC, area contain several 
research rooms; you must register in each research room you visit on a 
daily basis.
    (c) In regional archives, you also sign out when leaving the 
research room for the day. In some Presidential libraries, where we 
instruct you to do so, you sign out when you leave the building.


Sec.  1254.24  Whom does NARA allow in research rooms?

    (a) We limit admission to research rooms in our facilities to 
individuals examining or copying documents and other materials.
    (b) We do not admit children under the age of 14 to these research 
rooms unless we grant them research privileges (see paragraph (d) of 
this section).
    (c) The appropriate supervisor may make exceptions for a child who 
is able to read and who will be closely supervised by an adult while in 
the research room. The adult must agree in writing to be present when 
the child uses documents and to be responsible for compliance with the 
research room and copying rules in subparts B and C of this part.
    (d) Students under the age of 14 who wish to perform research on 
original documents must apply in person at the facility where the 
documents are located. At the National Archives Building, apply to the 
chief of the Research Support Branch (NWCC1). At the National Archives 
at College Park, apply to the chief of the Research Support Branch 
(NWCC2). For regional archives and Presidential libraries, apply to the 
appropriate supervisor or archivist in charge. We may require either 
that the student must present a letter of reference from a teacher or 
that an adult accompany the student while doing research. Students may 
contact NARA by phone, e-mail, fax, or letter in advance of their visit 
to discuss their eligibility for research privileges. Current contact 
information for our facilities is available on our Web site, http://www.archives.gov.
    (e) We may permit adults and children participating in scheduled 
tours or workshops in our research rooms when they do not handle any 
documents that we show to them. These visitors do not need a researcher 
identification card.


Sec.  1254.26  What can I take into a research room with me?

    (a) Personal belongings. You may take a hand-held wallet and coin 
purse for the carrying of currency, coins, credit cards, keys, driver's 
license, and other identification cards into research rooms, but these 
are subject to inspection when you enter or leave the room. The guard 
or research room attendant determines whether your wallet or purse is 
sufficiently small for purposes of this section. You may take cell 
phones, pagers, and similar telecommunications devices into a research 
room only under the circumstances cited in Sec.  1254.46(b) and, for 
cell phone cameras, in Sec.  1254.70(g).
    (b) Notes and reference materials. You may take notes, references, 
lists of documents to be consulted, and other materials into a research 
room if the supervisor administering the research room or the senior 
staff member on duty in the research room determines that they are 
essential to your work requirements. Not all facilities permit you to 
take notes into the research room. In facilities that allow you to 
bring notes, staff may stamp your items to indicate that they are your 
property.
    (c) You may bring back into the research room on subsequent visits 
your research notes made on notepaper and notecards we provide and 
electrostatic copies you make on copying machines in NARA research 
rooms which are marked with the statement ``Reproduced at the National 
Archives.'' You must show any notes and copies to the research room 
attendant for inspection when you enter the research room.
    (d) Personal equipment. The research room attendant, with approval 
from the supervisor, archivist, or lead archives technician in charge 
of the room, may admit personal computers, tape recorders, scanners, 
cameras, and similar equipment if the equipment meets NARA's approved 
standards for preservation. We do not approve the use of any equipment 
that could potentially damage documents. If demand to use equipment 
exceeds the space available for equipment use, we may impose time 
limits. If you wish to use computers, sound recording devices, or other 
equipment, you must work in areas the research room attendant 
designates, when required.


Sec.  1254.28  What items are not allowed in research rooms?

    (a) You may not bring into the research rooms overcoats, raincoats, 
jackets, hats, or other outerwear; personal paper-to-paper copiers, 
unless permitted in accordance with Sec.  1254.86 of this part; 
briefcases, satchels, valises, suitcases, day packs, purses, boxes, or 
similar containers of personal property. We may make exceptions for 
headwear worn for religious or health reasons. In facilities where we 
provide notepaper and notecards, you also may not bring into the 
research room notebooks, notepaper, notecards, folders or other 
containers for papers.
    (b) You may store personal items at no cost in lockers or other 
storage facilities in the NARA facility. These lockers or other storage 
facilities are available on a first-come-first-served basis.
    (c) You must remove your personal belongings each night from the 
lockers or other storage facilities we provide to hold them. If you do 
not remove your personal belongings, NARA personnel will remove them. 
We post directions for reclaiming confiscated items near the lockers or 
other storage facilities.
    (d) NARA is not responsible for the loss or theft of articles you 
store in the lockers.
    (e) We may charge a replacement fee for lost locker keys.
    (f) Knives and other sharp objects such as box cutters, razors, or 
wire are not permitted in our research rooms.


Sec.  1254.30  Does NARA provide any supplies?

    Yes, in most facilities NARA furnishes you, without charge, pencils 
and specially marked lined and unlined notepaper and notecards, for use 
in the research rooms. NARA also provides diskettes and paper for our 
public access computers. Return unused pencils and notepaper, 
notecards, diskettes, and printer paper to the research room attendant 
at the end of the day.

[[Page 39317]]

Sec.  1254.32  What rules apply to public access use of the Internet on 
NARA-supplied computers?

    (a) Public access computers (workstations) are available for 
Internet use in all NARA research rooms. The number of workstations 
varies per location. We provide these workstations for research 
purposes on a first-come-first-served basis. When others are waiting to 
use the workstation, we may impose a 30-minute time limit on the use of 
the equipment.
    (b) You should not expect privacy while using these workstations. 
These workstations are operated and maintained on a United States 
Government system, and activity may be monitored to protect the system 
from unauthorized use. By using this system, you expressly consent to 
such monitoring and the reporting of unauthorized use to the proper 
authorities.
    (c) You may not use these workstations to gain access to 
entertainment or other inappropriate Web sites in our research rooms. 
You also may not use these workstations to conduct private business not 
related to your research or NARA holdings.
    (d) NARA provides at least one Internet access workstation in each 
facility that complies with the Workforce Investment Act of 1998, 
ensuring comparable accessibility to individuals with disabilities.
    (e) You may download information to a diskette and print materials, 
but the research room staff will furnish the diskettes and paper. You 
may not use personally owned diskettes on NARA personal computers. You 
may not load files or any type of software on these workstations.

Rules Relating to Using Original Documents


Sec.  1254.34  What are my responsibilities when using documents?

    (a) You must sign for the documents you receive and we may require 
you to show your researcher identification card.
    (b) You are responsible for the proper handling of and prevention 
of damage to all documents delivered to you until you return them. 
Specific handling instructions are given in Sec. Sec.  1254.36 and 
1254.38.
    (c) When you finish using the documents, you must return them to 
the research room attendant.
    (d) You must not remove the reference service slip that accompanies 
the documents to the research room.
    (e) If we ask, you must return documents up to 15 minutes before 
closing time.
    (f) Before leaving a research room, even for a short time, you must 
notify the research room attendant and place all documents in their 
proper containers.


Sec.  1254.36  What care must I take when handling documents?

    To prevent damage to documents, we have rules relating to the 
physical handling of documents.
    (a) You must use only pencils in research rooms where original 
documents are used.
    (b) You must not lean on, write on, refold, trace, or otherwise 
handle documents in any way likely to cause damage.
    (c) You must follow any additional rules that apply to the use of 
special media records at our facilities, such as wearing cotton gloves 
we provide you for handling still pictures and any original film-based 
materials.
    (d) You must identify documents for reproduction only with a paper 
tab that we provide you. You must not use paper clips, rubber bands, 
self-stick notes or similar devices to identify documents.
    (e) You must use exceptionally valuable or fragile documents only 
under conditions the research room attendant specifies.
    (f) You must request that research room personnel unstaple or 
remove other fasteners from documents that cannot otherwise be read.
    (g) If you notice damage to any document(s), notify the research 
room attendant immediately.


Sec.  1254.38  How do I keep documents in order?

    (a) You must keep unbound documents in the order in which we 
deliver them to you.
    (b) You must not attempt to rearrange documents that appear to be 
in disorder. Instead, you must refer any suspected problems with the 
records to the research room attendant.
    (c) You may use only one folder at a time.
    (d) Remove documents from only one container at a time.


Sec.  1254.40  How does NARA prevent removal of documents?

    (a) You must not remove documents from a research room. Removing, 
mutilating, or revising or otherwise altering documents is forbidden by 
law and is punishable by fine or imprisonment or both (18 U.S.C. 2071).
    (b) Upon leaving the research room or facility, you must present 
for examination any article that could contain documents or microfilm, 
as well as presenting copies or notes to ensure that no original 
records are mixed in with them.
    (c) To ensure that no one unlawfully removes or mutilates 
documents, NARA may post at the entrance to research rooms instructions 
supplementing the rules in this part. These instructions are specific 
to the kinds of records you use or to the facility where the records 
are stored.

Rules Relating to Using Microfilm


Sec.  1254.42  What are the rules that apply to using self-service 
microfilm?

    NARA makes available microfilm copies of many records on a self-
service basis.
    (a) When microfilm is available on a self-service basis, research 
room attendants assist you in identifying research sources on microfilm 
and provide information concerning how to locate and retrieve the 
roll(s) of film containing the information of interest. You are 
responsible for retrieving and examining the roll(s).
    (b) Unless you require assistance in learning how to operate 
microfilm reading equipment or have a disability, we expect you to 
install the microfilm on the reader, rewind it when finished, remove it 
from the reader, and return it to the proper microfilm box. You must 
carefully remove from and return to the proper microfilm boxes rewound 
microfilm. You must take care when loading and unloading microfilm from 
microfilm readers. Report damaged microfilm to the research room 
attendant as soon you discover it.
    (c) Unless we make an exception, you may use only one roll of 
microfilm at a time.
    (d) After using each roll, you must return the roll of microfilm to 
the location from which you removed it, unless we otherwise instruct 
you.
    (e) You should bring to the attention of the research room 
attendant any microfilm you find in the wrong box or file cabinet.


Sec.  1254.44  How long may I use a microfilm reader?

    (a) Use of the microfilm readers in the National Archives Building 
is on a first-come-first-served basis. When other researchers are 
waiting to use a microfilm reader, we may place a 3-hour limit on using 
a reader. After 3 hours of machine use, you may sign the waiting list 
for an additional 3-hour period. For fire safety reasons, we may limit 
the number of researchers in the microfilm research room in the 
National Archives Building to those researchers assigned a microfilm 
reader.
    (b) Archival operations directors at our regional archives may 
permit

[[Page 39318]]

reservations for use of microfilm readers and set time limits on use to 
meet local circumstances.

Other Conduct Rules


Sec.  1254.46  Are there other rules of conduct that I must follow?

    (a) Part 1280 specifies conduct rules for all NARA facilities. You 
must also obey any additional rules supplementing Subpart B of part 
1254 that are posted or distributed by the facility director.
    (b) You may not eat, drink, chew gum, smoke, or use smokeless 
tobacco products, or use a cell phone, pager, or similar communications 
device that emits sound signals in a research room. Communications 
devices must be in vibrate mode. You must make and receive telephone 
calls outside of research rooms.
    (c) We prohibit loud talking and other activities likely to disturb 
other researchers.


Sec.  1254.48  When does NARA revoke research privileges?

    (a) Behaviors listed in paragraphs (a)(1) through (a)(4) of this 
section may result in NARA denying or revoking research privileges.
    (1) Refusing to follow the rules and regulations of a NARA 
facility;
    (2) Demonstrating by actions or language that you present a danger 
to documents or NARA property;
    (3) Presenting a danger to other researchers, NARA or contractor 
employees, or volunteers; or
    (4) Verbally or physically harassing or annoying other researchers, 
NARA or contractor employees, or volunteers.
    (b) Denying or revoking research privileges means:
    (1) We may deny or revoke your research privileges for up to 180 
days;
    (2) You lose research privileges at all NARA research rooms 
nationwide; and
    (3) You lose your valid researcher identification card if you 
already have one.
    (c) We notify all NARA facilities of the revocation of your 
research privileges.
    (d) If we revoke your research privileges, we send you a written 
notice of the reasons for the revocation within 3 working days of the 
action.


Sec.  1254.50  Does NARA consider reinstating research privileges?

    (a) You have 30 calendar days after the date of revocation to 
appeal the action in writing and seek reinstatement of research 
privileges. Mail your appeal to: Archivist of the United States, 8601 
Adelphi Road, College Park, MD 20740-6001.
    (b) The Archivist has 30 calendar days from receipt of an appeal to 
decide whether to reinstate your research privileges and to respond to 
you in writing.
    (c) If the Archivist upholds the revocation of privileges or if you 
do not appeal, you may request in writing reinstatement of research 
privileges no earlier than 180 calendar days from the date we revoked 
privileges. This request may include application for a new researcher 
identification card.
    (d) Our reinstatement of research privileges applies to all 
research rooms.
    (e) If we reinstate your research privileges, we issue you a card 
for a probationary period of 60 days. At the end of the probationary 
period, you may apply for a new, unrestricted identification card, 
which we issue to you if your conduct during the probationary period 
follows the rules of conduct in this part and in part 1280 of this 
chapter.


Sec.  1254.52  Can NARA extend the period of revoked research 
privileges?

    (a) 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, you fail to comply with the 
rules of conduct for NARA facilities, we may extend the revocation of 
privileges for additional 180-day periods. We send you a written notice 
of an extension within 3 workdays of our decision to continue the 
revocation of research privileges.
    (b) You have 30 calendar days after the decision to extend the 
revocation of research privileges to appeal the action in writing. Mail 
your appeal to the Archivist at the address given in Sec.  1254.50(a). 
The Archivist has 30 calendar days from receipt of your appeal to 
decide whether to reinstate your research privileges and to respond to 
you in writing.

Subpart C--Copying Archival Materials

General Information


Sec.  1254.60  What are NARA's copying services?

    (a) You may order copies of many of our documents for a fee. Our 
fee schedule for copies is located in Sec.  1258.12 of this chapter. 
Exceptions to the fee schedule are located in Sec.  1258.4. See Sec.  
1258.6 about reproductions NARA may provide without charging a fee.
    (b) For preservation reasons, we do not make copies from the 
original documents if the documents are available on microfilm and a 
clear copy (electrostatic, photographic, or microfilm) can be made from 
the microfilm.


Sec.  1254.62  Does NARA have archival materials protected by 
copyright?

    Yes, although many of our holdings are in the public domain as 
products of employees or agents of the Federal Government, some records 
and donated historical materials do have copyright protection. 
Particularly in the case of some special media records, Federal 
agencies may have obtained materials from private commercial sources, 
and these may carry publication restrictions in addition to copyright 
protection. Presidential records may also contain copyrighted 
materials. You are responsible for obtaining any necessary permission 
for use, copying, and publication from copyright holders and for any 
other applicable provisions of the Copyright Act (Title 17, United 
States Code).


Sec.  1254.64  Will NARA certify copies?

    Yes, the responsible director of a unit, or any of his or her 
superiors, the Director of the Federal Register, and their designees 
may certify copies of documents as true copies for a fee. The fee is 
found at Sec.  1258.12(a).

Rules Relating to Self-Service Copying


Sec.  1254.70  How may I make my own copies of documents?

    (a) Self-service copiers are available in some of our facilities. 
Contact the appropriate facility to ask about availability before you 
visit.
    (b) In the Washington, DC, area, self-service card-operated copiers 
are located in research rooms. Other copiers we set aside for use by 
reservation are located in designated research areas. Procedures for 
use are outlined in Sec. Sec.  1254.80 through 1254.84 of this subpart.
    (c) You may use NARA self-service copiers where available after the 
research room attendant reviews the documents to determine their 
suitability for copying. The appropriate supervisor or the senior 
archivist on duty in the research room reviews the determination of 
suitability if you request.
    (d) We may impose time limits on using self-service copiers if 
others are waiting to use them.
    (e) In some of our facilities, you may use your own scanner or 
personal paper-to-paper copier to copy textual materials if the 
equipment meets our standards cited in Sec. Sec.  1254.80 and 1254.86. 
Contact the appropriate facility for additional details before you 
visit.
    (f) You must follow our document handling instructions in 
Sec. Sec.  1254.36 and

[[Page 39319]]

1254.72. You also must follow our microfilm handling instructions in 
Sec.  1254.42.
    (g) You may use a hand-held camera with no flash or a cell phone 
camera to take pictures of documents only if you have the permission of 
the research room attendant.
    (h) You may not use a self-service copier or personal scanner to 
copy some special media records. If you wish to copy motion pictures, 
maps and architectural drawings, or aerial photographic film, the 
appropriate staff can advise you on how to order copies. If you wish to 
obtain copies of electronic records files, the appropriate staff will 
assist you.


Sec.  1254.72  What procedures do I follow to copy documents?

    (a) You must use paper tabs to designate individual documents you 
wish to copy. You must show the container including the tabbed 
documents to the research room attendant who determines whether they 
can be copied on the self-service copier. The manager of the staff 
administering the research room reviews the determination of 
suitability if you ask. After copying is completed, you must return 
documents removed from files for copying to their original position in 
the file container, you must refasten any fasteners removed to 
facilitate copying, and you must remove any tabs placed on the 
documents to identify items to be copied.
    (b) If you are using a reserved copier, you must submit the 
containers of documents to the attendant for review before your 
appointment. The review time required is specified in each research 
room. Research room attendants may inspect documents after copying.
    (c) You may copy from only one box and one folder at a time. After 
copying the documents, you must show the original documents and the 
copies to a research room attendant.


Sec.  1254.74  What documents are unsuitable for copying on a self-
service or personal copier or scanner?

    (a) Bound archival volumes (except when specialized copiers are 
provided).
    (b) Documents fastened together by staples, clips, acco fasteners, 
rivets, or similar fasteners, where folding or bending documents may 
cause damage.
    (c) Documents larger than the glass copy plate of the copier.
    (d) Documents with uncancelled security classification markings.
    (e) Documents with legal restrictions on copying.
    (f) Documents that the research room attendant judges to be in poor 
physical condition or which may be subject to possible damage if 
copied.


Sec.  1254.76  What procedures do I follow to copy formerly national 
security-classified documents?

    (a) We must properly cancel security classification markings 
(Confidential, Secret, Top Secret) and other restricted markings on 
declassified records before documents are copied. Only a NARA staff 
member can cancel security markings. Properly declassified documents 
bear the declassification authority as required by 32 CFR 2001.24.
    (b) You may not remove from the research room copies of documents 
bearing uncancelled classification markings. We confiscate copies of 
documents with uncancelled markings.
    (c) When you copy individual documents, the research room staff 
cancels the classification markings on each page of the copy and places 
the declassification authority on the first page of each document. If 
you copy only selected pages from a document, you must make a copy of 
the first page bearing the declassification authority and attach that 
page to any subsequent page(s) you copy from the document. You must 
show this declassification authority to the guard or research room 
attendant when you remove copies of documents from the research room or 
the building.
    (d) Before you copy formerly-classified materials, we provide you 
with a declassification strip, which you attach to the copier. The 
strip reproduces on each page copied and cancels the security markings. 
We may also provide a declassification strip to attach to your personal 
copier or scanner.
    (e) Staff at Presidential libraries cancel security markings before 
documents are provided to researchers in research rooms.

Rules Relating to Using Copying Equipment


Sec.  1254.80  Does NARA allow me to use scanners or other personal 
copying equipment?

    (a) Subject to Sec. Sec.  1254.26(d) and 1254.86, you may use 
scanners and other copying equipment if the equipment meets certain 
conditions or minimum standards described in paragraphs (b) through (g) 
of this section. Exceptions are noted in paragraph (h). The supervisor 
administering the research room or the senior staff member on duty in 
the research room reviews the research room attendant's determination 
if you request.
    (b) 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.
    (c) No part of the equipment may come in contact with records in a 
manner that causes friction, abrasion, or that otherwise crushes or 
damages records.
    (d) We prohibit drum scanners.
    (e) We prohibit automatic feeder devices on flatbed scanners. When 
using a slide scanner, we must check slides after scanning to ensure 
that no damage occurs while the slide is inside the scanner.
    (f) Light sources must not raise the surface temperature of the 
record you copy. You must filter light sources that generate 
ultraviolet light.
    (g) All equipment surfaces must be clean and dry before you use 
records. You may not clean or maintain equipment, such as replacing 
toner cartridges, when records are present. We do not permit aerosols 
or ammonia-containing cleaning solutions. We permit a 50 percent water 
and 50 percent isopropyl alcohol solution for cleaning.
    (h) If you wish to use a scanner or other personal copier in a 
regional archives or Presidential library, contact the facility first 
for approval. Not all facilities permit the use of scanners or personal 
copying equipment because of space, electrical load concerns, and other 
reasons. Your request must state the space and power consumption 
requirements and the intended period of use.
    (i) In facilities that provide a self-service copier or permit the 
use of personal paper-to-paper copiers or scanners, you must show 
documents you wish to copy to the research room attendant for approval.
    (j) If you have any question about what is permissible at any given 
facility, consult with the facility before your visit. Contact 
information for our facilities is found in part 1253 of this chapter 
and at the NARA Web site, http://www.archives.gov.


Sec.  1254.82  What limitations apply to my use of self-service card-
operated copiers?

    (a) There is a 5-minute time limit on copiers in research rooms 
when others are waiting to use the copier. If you use a microfilm 
reader-printer, we may limit you to three copies when others are 
waiting to use the machine. If you wish to copy large quantities of 
documents, you should see a staff member in the research room to 
reserve a copier for an extended time period.
    (b) If we must cancel an appointment due to copier failure, we make 
every

[[Page 39320]]

effort to schedule a new mutually agreed-upon time. However, we do not 
displace researchers whose appointments are not affected by the copier 
failure.


Sec.  1254.84  How may I use a debit card for copiers in the 
Washington, DC, area?

    You may use cash to purchase a debit card from a vending machine 
during the hours that research rooms are open as cited in part 1253 of 
this chapter. In addition, you may buy debit cards with cash, check, 
money order, credit card, or funds from an active deposit account from 
the Cashier's Offices located in the National Archives Building and in 
the researcher lobby of the National Archives at College Park, during 
posted hours. Inserting a debit card into the copier enables you to 
make copies, for the appropriate fee, up to the value on the debit 
card. You may add value to the debit card by using the available 
vending machines in our research rooms. We cannot make refunds. The fee 
for self-service copiers is found in Sec.  1258.12 of this chapter.


Sec.  1254.86  May I use a personal paper-to-paper copier at the 
National Archives at College Park?

    (a) At the National Archives at College Park facility NARA approves 
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 of the Research Support 
Branch (NWCC2), National Archives and Records Administration, 8601 
Adelphi Rd., College Park, MD 20740-6001. Requests must identify the 
records you wish to copy, the expected duration of the project, and the 
make and model of the equipment.
    (b) We evaluate requests using the following criteria:
    (1) A minimum of 3,000 pages must be copied;
    (2) 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;
    (3) The copying equipment must meet our standards for preservation 
(see Sec. Sec.  1254.26(d) and 1254.80); and
    (4) Space is available for the personal copying project. NARA 
allows no more than 3 personal copying projects in the research room at 
one time, with Federal agencies given priority over other users.
    (c) You must coordinate with research room management and oversee 
the installation and removal of copying equipment. You are responsible 
for the cost and supervision of all service calls and repairs. You must 
remove copying equipment and supplies within two business days after 
the personal copying project is completed.
    (d) NARA is not responsible for any personal equipment or 
consumable supplies.
    (e) You must be trained by NARA staff on the proper methods for 
handling and copying archival documents.
    (f) You must abide by all regulations on copying stated in this 
subpart.
    (g) We reserve the right to discontinue the privilege of using a 
personal copier at any time without notice. We discontinue your 
privilege if you violate one of the conditions in this subpart, we need 
to provide space for a Federal agency, or we lack staff to supervise 
the area.


Sec.  1254.88  What are the rules for the Motion Picture, Sound, and 
Video Research Room at the National Archives at College Park?

    (a) We provide use of NARA viewing and listening equipment in the 
research room on a first-come-first-served basis. When others are 
waiting to use the equipment, we may impose a 3-hour limit on your use.
    (b) You may use the NARA-furnished recorder or your personal 
recording device and media to make a copy of unrestricted archival 
materials in the research room.
    (c) We provide you with a copy of the Motion Picture, Sound, and 
Video Research Room rules and a warning notice on potential copyright 
claims in unrestricted titles. You are responsible for obtaining any 
needed permission or release from a copyright owner for other than 
personal use of the copy.
    (d) The research room attendant may inspect and tag your personal 
recording equipment before admitting you into the unrestricted viewing 
and copying area in the research room. You must place all equipment and 
accessory devices on the carts we provide, except that you may place a 
tripod holding a video camera on the floor in front of a film-viewing 
station. We are not responsible for damage to or loss of personal 
equipment and accessories.
    (e) You must remain in the research room at your audio or film 
viewing station at all times while your personal equipment is in use. 
You must remove your personal equipment from the research room when you 
leave the room for the day. We cannot be responsible for any damage to 
or loss of your equipment.
    (f) We are not responsible for assisting with ``hook-up'' to NARA 
viewing equipment, for providing compatibility between the personal 
recording equipment and NARA viewing equipment, or for the quality of 
the copies you make. We provide you information on the types of NARA 
equipment that we have in the research room and on the cables necessary 
for hook-up to our viewing equipment.
    (g) When you bring audio or video recording tapes or cassettes into 
the unrestricted area of the research room, the research room attendant 
marks the recording media ``NARA-approved personal property'' for 
identification purposes. We inspect this media before you leave the 
research room and when you leave the research complex at the National 
Archives at College Park.
    (h) You may reserve a NARA-furnished video copying station and 120-
minute blank video cassette, for a fee, on a first-come-first-served 
basis for 90 minutes. If no one else is waiting to use the station, you 
may reserve an additional 90 minutes. You may not connect personal 
recording devices to NARA equipment at the video copying station. You 
may use only NARA-provided tapes at the video copying station. Fees for 
use of the station and blank cassette are specified in Sec.  1258.12 of 
this chapter.
    (i) You may not take any personal recording device or media in the 
restricted viewing area in the research room.

Subpart D--Microfilming Archival Materials


Sec.  1254.90  What is the scope of this subpart?

    (a) This subpart establishes rules and procedures for the use of 
privately owned microfilm equipment to film accessioned archival 
records and donated historical materials in NARA's legal and physical 
custody by:
    (1) Foreign, Federal, state, and local government agencies;
    (2) Private commercial firms;
    (3) Academic research groups; or
    (4) Other entities or individuals that request exemption from 
obtaining copies through the regular fee schedule reproduction ordering 
system of NARA.
    (b) If you wish 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 (see Sec.  1253.4). 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 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

[[Page 39321]]

located (see Sec.  1253.6), or the director, NPRC, for records in NPRC 
(see Sec.  1253.5).
    (c) Federal agencies that need to microfilm archival records in 
support of the agency's mission must contact the appropriate office as 
specified in Sec.  1254.92(a) as soon as possible after the need is 
identified for information concerning standards and procedures that 
apply to their microfilming of archival records.


Sec.  1254.92  How do I submit a request to microfilm records and 
donated historical materials?

    (a) You must submit your request to microfilm materials to the 
appropriate office.
    (1) Submit your written request 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 to the Assistant Archivist for Records Services--Washington, 
DC (NW), 8601 Adelphi Rd., College Park, MD 20740-6001.
    (2) Submit your written request to microfilm archival records or 
donated historical materials in a NARA regional archives to the 
Assistant Archivist for Regional Records Services (NR), 8601 Adelphi 
Rd., College Park, MD 20740-6001.
    (3) Submit your written request 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 to the Assistant Archivist for Presidential 
Libraries (NL), 8601 Adelphi Rd., College Park, MD 20740-6001.
    (4) OMB control number 3095-0017 has been assigned to the 
information collection contained in this section.
    (b) You must submit your request to use privately owned microfilm 
equipment four months in advance of the proposed starting date of the 
microfilming project. If you submit your request with less advance 
notice, we consider it and may approve it if we have available adequate 
NARA space and staff and if you can complete all training, records 
preparation, and other NARA requirements in a shorter time frame.
    (1) You may include in your request 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.
    (2) We do not accept additional requests from an individual or 
organization to microfilm records in a NARA facility while we evaluate 
an earlier request from that individual or organization to microfilm 
records at that facility.
    (3) We establish the number of camera spaces available to a single 
project based upon the total number of projects approved for filming at 
that time.


Sec.  1254.94  What must my request include?

    (a) A description of the documents you wish to copy that includes 
the following elements:
    (1) Record group number or agency of origin or, for donated 
historical materials, title of the collection;
    (2) Title of series or file segment;
    (3) Date span; and
    (4) Estimated volume in number of pages or cubic feet.
    (b) The estimated amount of time (work-days) that the microfilm 
copying project will take; the date that you would like to begin the 
project; and the number of persons who would require training (see 
Sec.  1254.108(b)).
    (c) The number and a description of the equipment that you will use 
for copying including:
    (1) The name of the manufacturer and model number; and
    (2) The type of light source to be employed (fluorescent, tungsten, 
or electronic flash) and if electronic flash (i.e., strobe) or 
fluorescent, whether the light source is filtered to omit ultraviolet 
radiation.
    (d) A statement of the procedures that you will follow to ensure 
that you copy all pages, that the images on the microfilm are legible, 
and that the microfilm is properly processed. At a minimum, the 
procedures should meet the requirements specified in part 1230 of this 
chapter regarding the microfilming of permanent records.


Sec.  1254.96  What credits must I give NARA?

    (a) You must agree to credit NARA as having custody of the original 
documents. The credit must appear at the beginning of a microfilm 
publication and in any publicity material or descriptions of the 
publication.
    (b) If the original documents are Federal records, you must agree 
to include on the film this statement: ``The documents reproduced in 
this publication are among the records of the (name of agency) in the 
custody of the National Archives of the United States. (Name of 
microfilm publication producer) does not claim any copyright interest 
in these official U.S. Government records.''
    (c) If the original documents are donated historical materials, you 
must agree to include on the film this statement: ``The documents 
reproduced in this publication are donated historical materials from 
(name of donor) in the custody of the (name of Presidential library or 
National Archives of the United States). The National Archives and 
Records Administration administers them in accordance with the 
requirements of the donor's deed of gift and the U.S. Copyright Law, 
Title 17, U.S.C. (Name of microfilm publication producer) does not 
claim any copyright interest in these donated historical materials.''
    (d) If the original documents are Presidential or Vice-Presidential 
records as specified in 44 U.S.C. 2201, you 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). The National 
Archives and Records Administration administers them in accordance with 
the requirements of Title 44, U.S.C. (Name of microfilm publication 
producer) does not claim any copyright interest in these official 
Presidential records.''
    (e) If the original documents are records of Congress, you 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 the National 
Archives and Records Administration (NARA). NARA administers them in 
accordance with the requirements of the (House/Senate). (Name of 
microfilm publication producer) does not claim any copyright interest 
in these official congressional records.''


Sec.  1254.98  May NARA make subsequent use of my publication?

    You must give NARA a royalty-free worldwide license, to take effect 
seven years after you complete filming at the NARA facility, to 
publish, display, reproduce, distribute, and sell the publication, and 
to create derivative works based on the publication, and to use the 
publication in collective works, all without limitation. The license 
required by this section must be written to take effect upon 
publication if there is no commercial distributor, or once commercial 
distribution ends if less than seven years from the date you complete 
filming at the NARA facility.


Sec.  1254.100  How does NARA evaluate requests?

    (a) NARA evaluates requests by estimating how well completion of a 
proposed project would further our

[[Page 39322]]

efforts to preserve and to make available to the public the 
historically valuable records of the Government.
    (b) In considering multiple requests to film at the same time, we 
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.
    (c) 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.
    (d) The records to be filmed should not have substantial numbers of 
documents withdrawn because of continuing national security 
classification, privacy, or other restrictions.
    (e) We approve only requests to microfilm a complete body of 
documents, such as an entire series or a major continuous segment of a 
very large series that is reasonably divisible. Microfilming a complete 
body of documents means that you must consecutively copy all documents 
within the file unit(s), from the first to the last page, not skipping 
any pages in between except for pages that are exact duplicates or 
blank pages that are not included in a pagination scheme.
    (f) We normally approve only requests that include assurances that 
the project will adhere to the specifications in part 1230 of this 
chapter concerning microfilm stock standards, index placement, and 
microfilm processing for permanent records.
    (g) We approve only requests that 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.
    (1) We 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.
    (2) We may also make additional use of the microform, as indicated 
in Sec.  1254.98, seven years after you complete filming at the NARA 
facility, or upon delivery of the publication if there is no commercial 
distributor, or when the commercial distributor is no longer available, 
whichever occurs first. We may choose to add our own editorial material 
to the microform copies.
    (3) You must deliver detailed roll lists 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. We prefer 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, you should transfer with the file the records 
layout identifying the fields, any coded values for fields, and 
explanations of any delimiters.
    (4) Microfilm projects may donate to us additional indexes and 
finding aids. NARA and the microfilm project execute a deed of gift 
that specifies restrictions on NARA's use and dissemination of these 
products under mutually acceptable terms.


Sec.  1254.102  What requests does NARA not approve?

    (a) We do not approve any request that does not include all of the 
information we require in Sec. Sec.  1254.94 and 1254.96.
    (b) We do not normally approve requests to microfilm documents 
that:
    (1) Have previously been microfilmed and made available to the 
public;
    (2) We have approved for microfilming by another party; or
    (3) We plan to film as a NARA microfilm publication or which relate 
closely to other documents previously microfilmed or approved for 
microfilming by NARA. We may grant exceptions to this provision at our 
discretion.
    (c) We normally do not approve requests to microfilm documents:
    (1) Having restrictions on access that preclude their reproduction;
    (2) Known to be protected by copyright;
    (3) Having high intrinsic value that only authorized NARA personnel 
may handle;
    (4) In vulnerable physical condition;
    (5) Having a high research demand and which we would have to deny 
to others for an extended period of time during the microfilming 
process. Where possible, we assist you in developing filming schedules 
that avoid the need to close documents for a lengthy period of time; 
and
    (6) In formats, such as oversize documents, bound volumes, and 
others, that would be subject to excessive stress and possible damage 
from special equipment you plan to use, as well as documents fastened 
with grommets, heavy duty staples, miscellaneous fasteners, or wafers 
and other adhesives that cannot be removed without tearing or breaking 
documents.
    (d) We normally do not approve requests from persons or 
organizations that failed to produce usable microfilm or to honor 
commitments they made in previous requests, or for whom we have had to 
rescind previous permission to microfilm documents because of their 
conduct.
    (e) We do not approve requests to microfilm records in NARA 
facilities in which there is insufficient space available for private 
microfilming. We do not permit private microfilming in our records 
storage (stack) areas.
    (1) Federal agencies microfilming records in support of the 
agency's mission may use the space set aside for private microfilming. 
Agency microfilming takes priority over private microfilming when there 
is insufficient space to accommodate both at the same time.
    (2) When a NARA facility does not have enough space to accommodate 
all requests, we may schedule separate projects by limiting the time 
allowed for each particular project or by requiring projects to 
alternate their use of the space.
    (3) We also do not approve requests where the only space available 
for filming is in the facility's research room, and such work would 
disturb researchers. We do not move records from a facility lacking 
space for private microfilming to another NARA facility for that 
purpose.
    (f) We do 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.
    (g) We do not approve the start of a project to microfilm records 
until you have agreed in writing to the amount and schedule of fees for 
any training, microfilm preparation, and monitoring we must conduct 
that is necessary to support your project. Our letter of tentative 
approval for the project includes an agreement detailing the records in 
the project and the detailed schedule of fees for NARA services for the 
project. We give final approval when we receive your signed copy of the 
agreement.


Sec.  1254.104  How does NARA determine fees to prepare documents for 
microfilming?

    (a) As part of our evaluation of a request to microfilm documents, 
we determine the amount of microfilm preparation that we must do before 
you can microfilm the documents and the estimated cost of such 
preparation. We base fees for microfilm preparation on direct salary 
costs (including benefits) and supply costs when we perform the work. 
When a NARA contractor performs the work, the fees are the cost

[[Page 39323]]

to NARA. Microfilm preparation includes:
    (1) Removing document fasteners from documents when the fasteners 
can be removed without damage to the documents; and
    (2) Taking any document conservation actions that must be 
accomplished in order to film the documents, such as document 
flattening or mending.
    (b) We provide you detailed information on the fees for microfilm 
preparation in the letter of approval. You must pay fees in accordance 
with Sec.  1258.14 of this chapter. When a body of documents requires 
extensive microfilm preparation, we may establish a different payment 
schedule at our discretion.


Sec.  1254.106  What are NARA's equipment standards?

    (a) Because we have limited space in many NARA facilities, 
microfilm/fiche equipment should be operable from a table top unless we 
have given written permission to use free standing/floor model cameras. 
You may only use planetary type camera equipment. You may not use 
automatic rotary cameras and other equipment with automatic feed 
devices. We may approve your use of book cradles or other specialized 
equipment designed for use with bound volumes, oversized documents, or 
other formats, as well as other camera types not specified here, on a 
case-by-case basis.
    (b) The power consumption of the equipment normally must not exceed 
1.2 kilowatts. Power normally available is 115 volts, 60 hz. You must 
make requests for electricity exceeding that normally available at 
least 90 days in advance.
    (c) You may not use equipment having clamps or other devices to 
exert pressure upon or to attach the document to any surface in a way 
that might damage the document.
    (d) The equipment must not use a heat generating light source in 
close enough proximity to the documents to result in their physical 
distortion or degradation. All sources of ultraviolet light must be 
filtered.


Sec.  1254.108  What are NARA's requirements for the microfilming 
process?

    (a) Your equipment must conform to the equipment standards in Sec.  
1254.106.
    (b) You must handle documents according to the training and 
instructions provided by our staff 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. We charge you fees for 
training services and these fees will be based on direct salary costs 
(including benefits) and any related supply costs. We specify these 
fees in the written agreement we require for project approval in Sec.  
1254.102(h).
    (c) You may microfilm documents from only one file unit at a time. 
After you complete microfilming, you must return documents you removed 
from files for microfilming to their original position in the file 
container, refasten any fasteners you removed to facilitate copying, 
and remove any tabs you placed on the documents to identify items to 
copy. We will provide fasteners for replacement as necessary.
    (d) You may not leave documents unattended on the copying equipment 
or elsewhere.
    (e) Under normal microfilming conditions, actual copying time per 
sheet must not exceed 30 seconds.
    (f) You must turn off any lights used with the camera when the 
camera is not in actual operation.
    (g) You may operate microfilm equipment 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, we 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. We specify the monitoring service fees in the written 
agreement required for project approval in Sec.  1254.102(h).
    (h) The equipment normally should be in use each working day that 
it is in a NARA facility. The director of the NARA facility (as defined 
in Sec.  1252.2 of this chapter) decides when you must remove equipment 
because of lack of regular use. You must promptly remove equipment upon 
request of the facility director.
    (i) We assume no responsibility for loss or damage to microfilm 
equipment or supplies you leave unattended.
    (j) We inspect the microform output at scheduled intervals during 
the project to verify that the processed film meets the microfilm 
preparation and filming standards required by part 1230 of this 
chapter. To enable us to properly inspect the film, we must receive the 
film within 5 days after it has been processed. You must provide NARA 
with a silver halide duplicate negative of the filmed records (see 
Sec.  1254.100(g)) according to the schedule shown in paragraph (k). If 
the processed film does not meet the standards, we may require that you 
refilm the records.
    (k) When you film 10,000 or fewer images, you must provide NARA 
with a silver halide duplicate negative upon completion of the project. 
When the project involves more than 10,000 images, you must provide a 
silver halide duplicate negative of the first completed roll or segment 
of the project reproducing this image count to NARA for evaluation. You 
also must provide subsequent completed segments of the project, in 
quantities approximating 100,000 or fewer images, to NARA within 30 
days after filming unless we approve other arrangements.
    (l) If the microfilming process is causing visible damage to the 
documents, such as flaking, ripping, separation, fading, or other 
damage, filming must stop immediately and until the problems can be 
addressed.


Sec.  1254.110  Does NARA ever rescind permission to microfilm?

    We may, at any time, rescind permission to microfilm records if:
    (a) You fail to comply with the microfilming procedures in Sec.  
1254.108;
    (b) Inspection of the processed microfilm reveals persistent 
problems with the quality of the filming or processing;
    (c) You fail to proceed with the microfilming or project as 
indicated in the request, or
    (d) The microfilming project has an unanticipated adverse effect on 
the condition of the documents or the space set aside in the NARA 
facility for microfilming.
    (e) You fail to pay NARA fees in the agreed to amount or on the 
agreed to payment schedule.

0
2. Revise part 1284 to read as follows:

PART 1284--EXHIBITS

Sec.
1284.1 Scope of part.
1284.20 Does NARA exhibit privately-owned material?
1284.30 Does NARA lend documents to other institutions for exhibit 
purposes?

    Authority: 44 U.S.C. 2104(a), 2109.


Sec.  1284.1  Scope of part.

    This part sets forth policies and procedures concerning the 
exhibition of materials.


Sec.  1284.20  Does NARA exhibit privately-owned material?

    (a) NARA does not normally accept for display documents, paintings, 
or other objects belonging to private

[[Page 39324]]

individuals or organizations except as part of a NARA-produced exhibit.
    (b) NARA may accept for temporary special exhibit at the National 
Archives Building privately-owned documents or other objects under the 
following conditions:
    (1) The material to be displayed relates to the institutional 
history of the National Archives and Records Administration or its 
predecessor organizations, the National Archives Establishment and the 
National Archives and Records Service;
    (2) Exhibition space is available in the building that NARA judges 
to be appropriate in terms of security, light level, climate control, 
and available exhibition cases or other necessary fixtures; and
    (3) NARA has resources (such as exhibit and security staff) 
available to produce the special exhibit.
    (c) The Director of Museum Programs (NWE), in conjunction with the 
NARA General Counsel when appropriate, reviews all offers to display 
privately-owned material in the Washington, DC, area, and negotiates 
the terms of exhibition for offers that NARA can accept. Directors of 
Presidential libraries perform these tasks for their respective 
libraries. The lender must provide in writing evidence of title to and 
authenticity of the item(s) to be displayed before NARA makes a loan 
agreement.
    (d) The Director of Museum Programs or director of the pertinent 
Presidential library will inform the offering private individual or 
organization of NARA's decision in writing within 60 days.


Sec.  1284.30  Does NARA lend documents to other institutions for 
exhibit purposes?

    Yes, NARA considers lending documents that are in appropriate 
condition for exhibition and travel. Prospective exhibitors must comply 
with NARA's requirements for security, fire protection, environmental 
controls, packing and shipping, exhibit methods, and insurance. For 
additional information, contact Registrar, Museum Programs (NWE), 
National Archives and Records Administration, 8601 Adelphi Road, 
College Park, MD 20740-6001.

    Dated: June 24, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-14753 Filed 6-29-04; 8:45 am]
BILLING CODE 7515-01-P