[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Rules and Regulations]
[Page 16717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6410]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1270

RIN 3095-AB40


Presidential Records Act Procedures

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

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SUMMARY: In response to a petition for rulemaking, NARA is amending our 
rules concerning Presidential records to lengthen the time from 10 
working days to 35 calendar days to appeal denial of access. This 
proposed rule will affect the public.

DATES: Effective May 2, 2005.

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

SUPPLEMENTARY INFORMATION: The proposed rule was published in the 
October 1, 2004, Federal Register (69 FR 58875) 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. NARA received three responses to the proposed rule from 
the public.
    NARA proposed, in response to a petition for proposed rulemaking, 
to extend the timeframe in which a person may appeal the denial of a 
request for access to Presidential records made under the Presidential 
Records Act (PRA) (44 U.S.C. 2201-2207). Two public commenters agreed 
with the proposed regulation changes. One member of the public objected 
to NARA's proposed length of appeal time. The commenter said that a 
requester should be able to appeal NARA's letter of denial ``within 35 
working days after the requester receives written notification,'' not 
``within 35 calendar days of the date of NARA's denial letter'' as NARA 
proposed.
    We did not adopt that recommendation. The commenter argued that the 
proposed length in timeframe was unfair because the delivery of NARA's 
denial letter could be considerably delayed. The commenter said that 
the appeal timeframe should continue to be based on when the requester 
receives the denial, not the date of NARA's denial letter.
    NARA proposed the timeframe requested by the petitioners, which was 
based on the timeframe for appeals NARA permits under the provisions of 
the Freedom of Information Act (FOIA) (see 36 CFR 1250.72(a)) and the 
Privacy Act (PA) (see 36 CFR 1202.56(a)). The petition cited the 
following compelling reasons for requesting an extension to the length 
of time to file an appeal under the PRA:
     NARA's longer appeal timeframes for FOIA and PA denials;
     The disparity with the lengthy waits requesters have, only 
to learn of a denial of access; and,
     Extenuating circumstances that make it difficult for 
requesters to appeal in 10 days after receipt of NARA's denial. Among 
the latter are requesters being on vacation, business trips, and 
academic absences like visiting professorships and sabbaticals.
    The petitioners' request is based on well-recognized and widely 
accepted practices in implementing the FOIA. NARA believes that this 
rule will be of assistance to requesters of Presidential records.
    This rule is not a significant regulatory action for the purposes 
of Executive Order 12866 and has not been reviewed by the Office of 
Management and Budget (OMB). As required by the Regulatory Flexibility 
Act, it is hereby certified that this rule will not have a significant 
impact on a substantial number of small entities because this rule 
applies to the public. This rule does not have any federalism 
implications. This rule is not a major rule as defined in 5 U.S.C. 
Chapter 8, Congressional Review of Agency Rulemaking.

List of Subjects in 36 CFR Part 1270

    Archives and records.

0
For the reasons set forth in the preamble, NARA amends part 1270 of 
title 36, Code of Federal Regulations, as follows:

PART 1270--PRESIDENTIAL RECORDS

0
1. The authority citation for part 1270 is revised to read as follows:

    Authority: 44 U.S.C. 2201-2207.


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2. Amend Sec.  1270.42 by revising paragraphs (a), (b), and (d) to read 
as follows:

Subpart D--Access to Presidential Records


Sec.  1270.42  Denial of access to public; right to appeal.

    (a) Any person denied access to a Presidential record (hereinafter 
the requester) because of a determination that the record or a 
reasonable segregable portion of the record was properly restricted 
under 44 U.S.C. 2204(a), and not placed in the public domain by the 
former President or his agent, may file an administrative appeal with 
the appropriate Presidential library director at the address cited in 
part 1253 of this chapter.
    (b) All appeals must be received by NARA within 35 calendar days of 
the date of NARA's denial letter.
* * * * *
    (d) Upon receipt of an appeal, the appropriate Presidential library 
director has 30 working days from the date an appeal is received to 
consider the appeal and respond in writing to the requester. The 
director's response must state whether or not the Presidential records 
requested are to be released and the basis for this determination. The 
director's decision to withhold release of Presidential records is 
final and not subject to judicial review.

    Dated: March 25, 2005.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 05-6410 Filed 3-31-05; 8:45 am]
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