[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46145-46148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16233]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

RIN 3095-AB49
[FDMS Docket  NARA-07-0001]


NARA Reproduction Fees

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

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SUMMARY: NARA is revising its fees for reproduction of records and 
other materials in the custody of the Archivist of the United States. 
This rule covers reproduction of Federal records created by other 
agencies that are in the National Archives of the United States, 
donated historical materials, Presidential records, Nixon Presidential 
historical materials, and records filed with the Office of the Federal 
Register. The fees are being changed to reflect

[[Page 46146]]

current costs of providing the reproductions. This rule will affect the 
public and Federal agencies.

DATES: Effective date: October 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1850 
or fax at 301-837-0319.

SUPPLEMENTARY INFORMATION: The proposed rule was originally published 
in the February 26, 2007, Federal Register (72 FR 8327) for a sixty day 
comment period. We notified several listservs and researcher 
organizations about this proposed rule and its availability on 
regulations.gov. We also posted a notice about the rule on our Web 
site, http://www.archives.gov, and in our research rooms. NARA received 
1,281 timely comments on the proposed rule. We received 1,198 timely 
comments via regulations.gov and 83 timely comments by letter, fax, 
communications forwarded from Congressional offices, or other means. 
Comments received on or before 11:59 p.m. on April 27, 2007, were 
considered timely. NARA electronically scanned all comments submitted 
outside of www.regulations.gov and posted them to the proposed rule 
docket (NARA-07-0001) at www.regulations.gov for public viewing.
    In this SUPPLEMENTARY INFORMATION section, we provide a summary of 
the provisions of the final rule with an explanation of the changes we 
have made in response to the comments on the proposed rule. We then 
summarize the public comments and the reasons for adopting or not 
adopting the recommendations in those comments in the section ``Summary 
of Public Comments.''

Changes Made in This Final Rule

    In response to public comments, we re-evaluated some of the 
assumptions used when preparing the proposed rule. Doing so allowed us 
to alter the formulas for calculating the costs for fixed fee 
reproductions and enabled us to lower the fee for copies of Civil War 
pension files from the proposed $125 for a full file regardless of page 
count to $75 for up to 100 pages. In cases where the number of pages in 
a pension file exceeds 100, NARA reference staff will contact the 
customer to advise on the number of remaining pages in the file and 
offer to produce a price quote for those pages at $0.65 (65 cents) per 
page. The customer then has the option of remitting payment for the 
remaining pages or declining to order them. These fees will also apply 
to post-Civil War pension files.
    We selected 100 pages as the limit for the $75 fee based on a 
further analysis of Civil War pension file reproduction orders over the 
last several years. Orders averaged 106 pages because of the wide range 
in number of pages per individual order; however, more than 65% percent 
of the files ordered were 100 pages or less. Setting the number of 
pages at 100 allows the fee to cover the complete file for a majority 
of orders while minimizing the cost risk to NARA. We are able to reduce 
the per-page fee for copies beyond the first 100 pages because some of 
the overhead in making copies of the additional pages is avoided.
    We also lowered the fee for copies of pre-Civil War pension files 
from $60 to $50 regardless of page count. Pre-Civil War pension files 
are much more consistent in page count, particularly Revolutionary War 
pension files; we would be more likely to recover costs with a $50 
fixed fee. The changed cost elements that contributed to our ability to 
reduce the pension file fixed fees were elimination of certain National 
Archives Trust Fund (Trust Fund) support for existing order fulfillment 
systems, curtailed savings for fulfillment system replacement, and 
adjustment to projected copy contractor costs.
    We received relatively few comments about other fixed fees, such as 
for land records or pension packets. We also received few comments on 
the other fee changes in the proposed rule. On that basis, we have made 
no other fee adjustments in this final rule.

Summary of Public Comments Received

    Of the commenters who identified their profession or interest in 
NARA reproductions, about half identified themselves as genealogists or 
as researchers of their family history. Some of the latter individuals 
cited their affiliation with historical societies or hereditary 
organizations dependent on copies of certain NARA records to obtain new 
members or fulfill their mission. Almost every responsive comment 
objected to at least one of the proposed fees. The majority of comments 
protested the proposed fee for Civil War pension files. We heard from 
only a few self-identified academic researchers and commercial firms, 
who objected to the self-service and NARA-made proposed fees for 
electrostatic copies.

Discussion of Adopted Comments for Fixed-Fee Reproductions

    A majority of commenters criticized the proposed $125 fee for 
copies of Civil War pension files, as mentioned earlier. Because the 
Civil War full pension files require the largest portion of 
reproduction order resources, we re-allocated our costs for those files 
compared to other records accordingly. The public comments led us to 
reconsider the $125 price and lower the fee increase as previously 
described.

Comments Relating to NARA's Fixed-Fee Reproduction Costs

    Commenters challenged the proposed fees by comparing the cost to 
obtain a copy of a record from commercial duplication facilities, local 
and state governments, or other institutions. On the basis of such 
comparisons, some commenters said that NARA was falsifying or 
exaggerating costs to supplement funding for the agency or raising fees 
in order to discourage the public from ordering copies of records. 
Commenters said that most files should not take long to copy.
    NARA response: As indicated by preservation concerns stated in the 
proposed rule, the reproduction of archival materials cannot 
meaningfully be compared to the public use of automatic document feeder 
duplication equipment at high-volume commercial facilities. 
Furthermore, legal requirements relating to cost recovery and cost 
components at other institutions or local governments may vary 
considerably from those at NARA. The copying process for archival 
records, such as the 19th century pension files, includes separating 
documents having fasteners, placing non-standard sized documents on a 
copier's glass platen, generating legible copies, and staff time to 
transport the file from the archival stack area to the copying 
contractor and refiling files in their proper places.
    We firmly reject allegations that the fees are being raised 
capriciously for the purpose of supplementing funding for the agency or 
reducing the number of reproduction orders received. The law does not 
permit the Archivist to make any profit from reproduction of records 
for the public. As explained in the proposed rule, the fees for 
reproduction of records in 36 CFR part 1258 are set under the 
Archivist's authority in 44 U.S.C. 2116(c):

    ``The Archivist may charge a fee set to recover the costs for 
making or authenticating copies or reproductions of materials 
transferred to his custody. Such fee shall be fixed by the Archivist 
at a level which will recover, so far as practicable, all elements 
of such costs, and may, in the Archivist's discretion, include 
increments for the estimated replacement cost of equipment. Such 
fees shall be paid into, administered, and expended as a part of the 
National Archives Trust Fund* * *.''


[[Page 46147]]


As we clearly state in our Strategic Plan, NARA's goal is to increase 
public access to our holdings, not artificially hold down the number of 
reproduction requests: ``The records we hold belong to the public--our 
mission is to ensure the public can discover, use, and learn from the 
records of their Government.''

Comments Suggesting Digitization as an Alternative for Civil War Files

    Some commenters said that NARA should provide digital copies of the 
Civil War pension files; some suggested that NARA digitize on demand 
and e-mail the copies, others that NARA provide online digital copies 
of all files. Commenters stressed that online digital copies would 
eliminate some of NARA's cost considerations because staff would no 
longer be involved in providing the copies and the public would use 
their own equipment, paper, and toner to print copies.
    NARA Response: Digitization on demand would incur the same NARA 
costs as photocopying the records and NARA does not have funding for 
full-scale digitization of the many thousands of Civil War pension 
files. NARA has been exploring digitization partnerships over the past 
few years and considers the Civil War pension files prime candidates 
for digitization under a partnership. Nevertheless, the scope of such a 
project and the need to ensure appropriate archival handling of the 
fragile records during digitization means that there is no near-term 
alternative to the current process for fulfilling fixed-fee order 
requests for reproductions of Civil War pension files.

Comments Suggesting Fee Alternatives

    We received numerous comments recommending alternate methods of 
recovering NARA's costs for fixed fee reproductions relating to the 
perception of fairness. Commenters who made such recommendations said 
that a $125 fee was unfair regardless of whether a Civil War pension 
file contained a few or 200 pages. Comments from those who mentioned 
digitization of the records are addressed in the previous section of 
this SUPPLEMENTARY INFORMATION and are not repeated here.
    Per page pricing. Numerous commenters said that charging a price 
per page copied was the fairest method of devising fees. Relatively few 
commenters stipulated what the per-page price should be, but of those 
who did, the price ranged from $0.25 to $1.00.
    Block pricing for a set number of pages. Although fewer in number, 
other commenters said that a set fee for up to a certain number of 
pages would be more equitable. If a file contained more pages than the 
set fee allotted for that file type, a per-page fee would apply to 
those extra pages if the customer requested all the pages in the file. 
This alternative pricing is the basis for the fixed fee for full Civil 
War pension files in this final rule.
    Search fee. Several commenters said that NARA should charge a 
search fee for every reproduction request as a way to recover costs 
even when no file is found.
    No increases. Quite a few commenters said that the current fees 
were high enough. Among the arguments against any fee increases was 
that the cost of living increases for Social Security benefits and the 
inflation rate fall short of the percentage increases NARA proposed.
    No fee. Many of the commenters charged that their taxes already pay 
for NARA's staff and copies. Others said that their taxes should cover 
those costs or argued that their ancestors' military service and taxes 
already paid for the public's right to free copies. Some commenters 
said that there should be no charge for copies of records relating to 
their ancestors and expressed that free copies were an entitlement.
    NARA Response: At first glance, fees set by a per page price seem 
the most fair. However, because NARA has to recover its costs 
regardless of pricing structure, the per page reproduction fee would 
rise above the $0.75 per page fee set out in the proposed rule. We 
calculated that if all the costs for our current fixed-fee records were 
allocated to the NARA-made costs, the per page price would exceed $1.00 
per page. In other words, the fee for a Civil War pension file would 
likely rise to close to the $125 proposed fee for the majority of 
customers.
    Searches for records are covered by appropriations and as such, 
cannot be counted among our recoverable costs.
    Because of legal requirements regarding NARA's recovery of costs 
for providing reproductions, we rejected comments that stipulated no 
increases in fees or no fees at all. NARA cannot continue to provide 
reproductions at existing rates or for free. To choose either approach 
would lead to rapid insolvency of the Trust Fund and eliminate NARA's 
capability to provide reproductions.

Other Comments Relating to Fees

    We also received comments that criticized various Federal 
government programs that commenters blamed for draining resources away 
from NARA; we considered these comments nonresponsive.

How do NARA's costs for reproduction services differ from costs for 
other NARA services to the public?

    Some of NARA's costs for reproduction services cover the 
administration of the fee collection, as stated in the proposed rule. 
The Trust Fund, which has its own authorizing legislation (44 U.S.C. 
2307) from the U.S. Congress, performs that function for reproductions 
of NARA's archival holdings. The Trust Fund pays for all copying 
equipment used to generate reproductions for the public and reimburses 
archival units for the staff time spent on the reproduction for records 
(including retrieval of records for copying). In order to continue to 
provide reproductions to the public, NARA must charge fees that cover 
these costs; otherwise, NARA cannot gain revenue to keep the Trust Fund 
operational.

Paperwork Reduction Act

    NATF Forms 81 through 86 in this rule were previously approved by 
the Office of Management and Budget under the Paperwork Reduction Act 
and bear approval number 3095-0027 on the face of the forms. The 
proposed rule stated that NATF Form 85 required modification to 
separate Civil War pension file requests from those of other wars and 
that other forms are being modified only to update the stated fee, and 
invited public comment. All comments received addressed the fees, not 
the content or format of the forms. No comments were received on the 
information collection requirements. The forms expire April 30, 2008.
    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. 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 because it affects individual 
researchers. This regulation 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 1258

    Archives and records.

0
For the reasons set forth in the preamble, NARA amends part 1258 of 
title 36, Code of Federal Regulations, as follows:

PART 1258--FEES

0
1. The authority citation for part 1258 continues to read as follows:

    Authority: 44 U.S.C. 2116(c) and 2307.

[[Page 46148]]


0
2. Amend Sec.  1258.4 by revising paragraph (d) to read as follows:


Sec.  1258.4  What reproductions are not covered by the NARA fee 
schedule?

* * * * *
    (d) Reproduction of the following types of records using the 
specified order form:

------------------------------------------------------------------------
            Type of record                    Order form           Fee
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(1) Passenger arrival lists..........  NATF Form 81............   $25.00
(2) Federal Census requests..........  NATF Form 82............    25.00
(3) Eastern Cherokee applications to   NATF Form 83............    25.00
 the Court of Claims.
(4) Land entry records...............  NATF Form 84............    40.00
(5) Full pension file more than 75     NATF Form 85............    75.00
 years old (Civil War and after), up
 to and including 100 pages.
(6) Full pension file (pre-Civil War)  NATF Form 85............    50.00
(7) Pension documents packet           NATF Form 85............    25.00
 (selected records).
(8) Bounty land warrant application    NATF Form 85............    25.00
 files.
(9) Military service files more than   NATF Form 86............    25.00
 75 years old.
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* * * * *

0
3. Amend Sec.  1258.10 by revising paragraph (a) to read as follows:


Sec.  1258.10  What is NARA's mail order policy?

    (a) There is a minimum fee of $15.00 per order for reproductions 
that are sent by mail to the customer.
* * * * *

0
4. Revise Sec.  1258.12 to read as follows:


Sec.  1258.12  NARA reproduction fee schedule.

    (a) Certification: $15.00.
    (b) Electrostatic copying (in order to preserve certain records 
that are in poor physical condition, NARA may restrict customers to 
photographic or other kinds of copies instead of electrostatic copies):

------------------------------------------------------------------------
                            Service                                Fee
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Paper-to-paper copy made by the customer on a NARA self-service    $0.25
 copier in the Washington, DC, area............................
Paper-to-paper copy made by the customer on a NARA self-service     0.20
 copier outside the Washington, DC, area (regional archives and
 Presidential libraries).......................................
Paper-to-paper copy made by NARA...............................     0.75
Paper-to-paper copy made by NARA for full Civil War pension         0.65
 files (NATF Form 85) beyond the first 100 pages...............
Microfilm-to-paper copy made by the customer on a NARA self-        0.50
 service copier................................................
------------------------------------------------------------------------

    (c) Unlisted processes: For reproductions not covered by this fee 
schedule, see also Sec.  1258.4. Fees for other reproduction processes 
are computed upon request.

0
5. Revise Sec.  1258.16 to read as follows:


Sec.  1258.16  Effective date.

    The fees in this part are effective on October 1, 2007. If your 
order was received by NARA before this effective date, we will charge 
the fees in effect at the time the order was received.

    Dated: August 13, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7-16233 Filed 8-16-07; 8:45 am]
BILLING CODE 7515-01-P