[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Proposed Rules]
[Pages 18462-18465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7126]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1280

RIN 3095-AB33
[DOCKET NARA-08-0002]


Use of Meeting Rooms and Public Space

AGENCY: National Archives and Records Administration (NARA).

ACTION: Proposed rule.

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SUMMARY: NARA proposes to amend its regulations on public use of the 
National Archives Building in Washington, DC, for meetings or special 
events. This proposal incorporates changes in available space as a 
result of the renovation of the National Archives Building by 
identifying the kinds of space available and procedures for requesting 
use. NARA also proposes to charge fees for the use of public areas in 
the National Archives Building in accordance with 44 U.S.C. 2903(b). 
The proposed rule affects the public.

DATES: Comments are due by June 3, 2008.

ADDRESSES: NARA invites interested persons to submit comments on this 
proposed rule. Comments may be

[[Page 18463]]

submitted by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Fax: Submit comments by facsimile transmission to 301-837-0319.
    Mail: Send comments to Regulations Comments Desk (NPOL), Room 4100, 
Policy and Planning Staff, National Archives and Records 
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
    Hand Delivery or Courier: Deliver comments to 8601 Adelphi Road, 
College Park, MD.

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

SUPPLEMENTARY INFORMATION: Following is a discussion of substantive 
changes contained in this proposed rule. Additional nonsubstantive 
changes have been made and the proposed regulation has been written in 
plain language in accordance with the Presidential Memorandum of June 
1, 1998, Plain Language in Government Writing.

What changes have been made in this proposed rule?

    Most of the changes in this proposed rule are to 36 CFR part 1280, 
subpart D, ``What Rules Apply to Use Public Areas in the Washington, DC 
Area?'' We propose to change text in the regulations relating to the 
availability of public spaces in the National Archives Building for 
private, non-official use, including meetings and special events. The 
spaces available for such use have changed since the last revision to 
subpart D as a result of the building's renovation. The proposed 
changes to the regulations address some areas that have been relocated, 
expanded, and renamed. For example, the theater referenced in the 
current subpart D has been replaced elsewhere in the building by the 
larger William G. McGowan Theater. The Exhibition Hall has been 
replaced by renovated and newly constructed exhibit areas including: 
the renovated Rotunda for the Charters of Freedom (referred to as the 
Rotunda in these proposed regulations), displaying the Declaration of 
Independence, Constitution of the United States, and the Bill of 
Rights; the Rotunda Galleries; the Lawrence F. O'Brien Gallery; and, 
the Public Vaults. New ``Presidential Conference Rooms'' also have been 
built. Of these spaces, the McGowan Theater and the Presidential 
Conference Rooms may be reserved by groups for meetings and special 
events in accordance with our rules of use. Groups may also continue to 
reserve the Archivist's Reception Room, which is currently addressed in 
the subpart D regulations. We also propose to add information about 
fees we may charge under 44 U.S.C. 2903(b), which was enacted as part 
of the National Archives and Records Administration (NARA) Efficiency 
Act of 2004 (Public Law 108-383; 118 Stat. 2218-2220, Sec. 4(b)).
    Other related changes in this proposed rule are:
     Removing the list of property under the control of the 
Archivist of the United States in Sec.  1280.1 and, instead, providing 
a cross reference to the information in Sec.  1280.2.
     Replacing the title ``Assistant Archivist for 
Administrative Services'' with ``Assistant Archivist for 
Administration'' in Sec.  1280.34.
     Updating cross-referenced citations to the Code of Federal 
Regulations in Sec. Sec.  1280.34(b) and 1280.48(f).
     Updating the address for the NARA Public Affairs Officer 
in Sec.  1280.48(a).
     Adding the Charters Caf[eacute] as an available cafeteria 
in Sec.  1280.68.
     Removing references in Subpart D to NA Form 16008, 
Application for Use of Space, because we receive most requests by 
telephone or fax. We continue to include the Office of Management and 
Budget (OMB) control number for the information collection.
     Adding tribal governments to the list of governments that 
may request to use NARA public spaces for official functions in new 
Sec. Sec.  1280.70, 1280.84, and 1280.87.
    This proposed 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 
individuals. This regulation does not have any federalism implications.

List of Subjects in 36 CFR Part 1280

    Archives and records, Federal buildings and facilities.
    For the reasons set forth in the preamble, NARA proposes to amend 
part 1280 of title 36, Code of Federal Regulations, as follows:

PART 1280--USE OF NARA FACILITIES

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

    Authority: 44 U.S.C. 2102 notes, 2104(a), 2112, 2903.
    2. Amend Sec.  1280.1 by revising paragraph (a) to read as follows:


Sec.  1280.1  What is the purpose of this part?

    (a) This part tells you what rules you must follow when you use 
property under the control of the Archivist of the United States (see 
Sec.  1280.2 of this part).
* * * * *


Sec.  1280.34  [Amended]

    3. Amend Sec.  1280.34 as follows:
    a. Remove ``Assistant Archivist for Administrative Services'' in 
paragraphs (b) and (c) and add in their place ``Assistant Archivist for 
Administration.''
    b. Remove ``36 CFR 1254.20'' in the third sentence of paragraph (b) 
and add in its place ``36 CFR 1254.48.''
    4. Amend Sec.  1280.46 by revising paragraph (b)(3) to read as 
follows:


Sec.  1280.46  What are the rules for filming, photographing, or 
videotaping on NARA property for personal use?

* * * * *
    (b) * * *
    (3) You may not film, photograph, or videotape while on the 
interior steps or ramp leading to the Declaration of Independence, the 
Constitution, and the Bill of Rights in the Rotunda of the National 
Archives Building.
    5. Amend Sec.  1280.48 by revising paragraph (a) and amending 
paragraph (f) by revising the first sentence to read as follows:


Sec.  1280.48  How do I apply to film, photograph, or videotape on NARA 
property for news purposes?

    (a) If you wish to film, photograph, or videotape for news purposes 
at the National Archives Building (as delineated in Sec.  1280.2(a)), 
the National Archives at College Park, or the Washington National 
Records Center, you must request permission from the NARA Public 
Affairs Officer, 700 Pennsylvania Avenue, NW., Washington, DC 20408-
0001. See also Sec.  1280.42(b) for additional permissions relating to 
the Washington National Records Center.
* * * * *
    (f) This section does not apply to you if you have permission to 
use your own microfilming equipment to film archival records and 
donated historical materials under the provisions of 36 CFR 1254.90 
through 1254.110. * * *
    6. Amend Sec.  1280.52 by revising the third sentence of paragraph 
(a) as follows:


Sec.  1280.52  What are the rules for filming, photographing, or 
videotaping on NARA property for news purposes?

* * * * *
    (a) * * * If the Public Affairs Officer approves your use of 
artificial lighting in the Rotunda, NARA will use

[[Page 18464]]

facsimiles in place of the Declaration of Independence, the 
Constitution, and the Bill of Rights. * * *
* * * * *
    7. Revise Sec.  1280.68 to read as follows:


Sec.  1280.68  May I use the cafeterias?

    Yes, the Charters Caf[eacute] in the National Archives Building is 
normally open to the public Monday through Friday, 10 a.m. to 4 p.m. 
and the cafeteria at the National Archives at College Park is open to 
the public from 8 a.m. to 4 p.m.
    8. Revise subpart D to read as follows:
Subpart D--What Rules Apply To Use NARA Public Areas in the Washington, 
DC Area?

General

Sec.
1280.70 When does NARA allow non-NARA groups to use the public areas 
of NARA property?
1280.71 What are the general rules for using NARA property in the 
Washington, DC area?
1280.72 What additional rules apply for a NARA approved event?

National Archives Building, Washington, DC

1280.74 What spaces in the National Archives Building are available 
for use by non-NARA groups and organizations?
1280.76 When are the public areas available for private events in 
the National Archives Building?
1280.78 Does NARA charge fees for the use of public areas in the 
National Archives Building?
1280.80 How do I request to use NARA public areas in the National 
Archives Building?
1280.82 How will NARA handle my request to use public areas in the 
National Archives Building?
1280.84 May I ask to use the Rotunda?
1280.85 What space in the National Archives at College Park is 
available for use by non-NARA groups and organizations?
1280.86 When are the public areas available for events in the 
National Archives at College Park?
1280.87 Does NARA charge fees for the use of public areas in the 
National Archives at College Park?
1280.88 How do I request to use NARA public areas in the National 
Archives at College Park?
1280.89 How will NARA handle my request to use public areas in the 
National Archives at College Park?

Subpart D--What Rules Apply To Use NARA Public Areas in the 
Washington, DC Area?

General


Sec.  1280.70  When does NARA allow non-NARA groups to use the public 
areas of NARA property?

    (a) The primary use of NARA property in the Washington, DC, area 
(the National Archives Building and the National Archives at College 
Park), including those areas open to the public, is the conduct of 
official NARA business, including public programs and other activities 
conducted in conjunction with government and non-government 
organizations and the Foundation for the National Archives 
(``Foundation''). In conducting official business, NARA and its 
partners use all of the public areas of the Washington, DC, area 
facilities. There are no public areas in the Washington National 
Records Center in Suitland, MD.
    (b) NARA may permit, under the conditions described in this 
subpart, the occasional use of certain public areas by other Federal 
agencies, quasi-Federal agencies, and state, local, and tribal 
government organizations for official activities. NARA also permits the 
occasional, non-official use of its public areas by organizations when 
the activity relates to or furthers NARA's archival, records, or other 
programs.


Sec.  1280.71  What are the general rules for using NARA property in 
the Washington, DC area?

    In addition to the rules listed in Subparts A, B, and C of this 
part, you must adhere to the following rules when using NARA public 
spaces:
    (a) All use must relate to or further the archival, records, or 
other activities of NARA. Examples of use that meet this standard 
include programs that promote research in or the dissemination and use 
of NARA holdings, including educational programs and materials, the 
preservation of NARA holdings or the historical records and documentary 
materials of other institutions, and the use and enjoyment of NARA 
exhibits.
    (b) All use must be consistent with the public perception of NARA 
as an archival and research institution.
    (c) When NARA cohosts an activity with the Foundation or other 
organizations, NARA must be identified as the cohost in all materials 
and publicity relating to the activity.
    (d) When NARA has authorized your organization to use NARA 
property, you may not characterize your use of NARA property as an 
endorsement by NARA of your organization or its activities, or 
otherwise suggest an official relationship between NARA and your 
organization.
    (e) You are not allowed to charge an admission fee or make any 
indirect assessment for admission, and you may not otherwise collect 
money at the event.
    (f) You may not use NARA property or permission to use that 
property to advertise, promote, or sell commercial enterprises, 
products, or services, or for partisan political, sectarian, or similar 
purposes.
    (g) You may not use NARA property if you or your organization or 
group engages in discriminatory practices proscribed by the Civil 
Rights Act of 1964, as amended.
    (h) You must not misrepresent your identity to the public nor 
conduct any activities in a misleading or fraudulent manner.
    (i) You must ensure that no Government property is destroyed, 
displaced, or damaged during your use of NARA public areas. You must 
take prompt action to replace, return, restore, repair or repay NARA 
for any damage caused to Government property during the use of NARA 
facilities.


Sec.  1280.72  What additional rules apply for a NARA approved event?

    (a) Approved applicants must provide support people as needed to 
register guests, distribute approved literature, name tags, and other 
material.
    (b) We must approve in advance any item that you plan to distribute 
or display during your use of NARA property, or any notice or 
advertisement that refers, directly or indirectly, to NARA, the 
Foundation for the National Archives, or the National Archives Trust 
Fund, or incorporates any of the seals described in 36 CFR 1200.2.
    (c) We must approve in advance any vendor or caterer who will work 
in NARA facilities. You must comply with all NARA requirements for the 
use of food and drink at your event.
    (d) No food or drink may be present or consumed in areas where 
original records or historical materials are displayed.

National Archives Building, Washington, DC


Sec.  1280.74  What spaces in the National Archives Building are 
available for use by non-NARA groups and organizations?

    You may ask to use the following areas in the National Archives 
Building, Washington, DC:

------------------------------------------------------------------------
                   Area                               Capacity
------------------------------------------------------------------------
Rotunda Galleries.........................  250 persons.
William G. McGowan Theater................  290 persons.
Archivist's Reception Room................  125 persons.
Presidential Conference Rooms.............  20 to 70 persons.
------------------------------------------------------------------------

Sec.  1280.76  When are the public areas available for private events 
in the National Archives Building?

    Most public areas are available for set-up and use on weekdays from 
6 p.m.

[[Page 18465]]

until 10:30 p.m. during the fall and winter seasons (day after Labor 
Day through March 14). The areas are available for set-up and use from 
7:30 p.m. until 10:30 p.m. in the spring season (March 15 through Labor 
Day). The areas are not available during weekends or on Federal 
holidays. A NARA staff member must be present at all times when non-
NARA groups use NARA spaces.


Sec.  1280.78  Does NARA charge fees for the use of public areas in the 
National Archives Building?

    (a) NARA is authorized to charge fees for the occasional, non-
official use of its public areas, as well as for services related to 
such use, including additional cleaning, security, and other staff 
services. NARA will either exercise this authority directly, or, for 
activities co-sponsored with the Foundation for the National Archives, 
as part of your group's arrangements with the Foundation.
    (b) We will inform organizations interested in using public spaces 
in the National Archives Building in advance and in writing of the 
total estimated cost associated with using the public area of interest. 
Fees NARA charges are paid to the National Archives Trust Fund.
    (c) Federal and quasi-Federal agencies, State, local, and tribal 
governmental institutions using public space for official government 
functions pay fees to the National Archives Trust Fund only for the 
costs for additional cleaning, security, and other staff services NARA 
provides.


Sec.  1280.80  How do I request to use NARA public areas in the 
National Archives Building?

    (a) Direct your request to use space to: Special Events Division 
Director (AI); National Archives and Records Administration, 700 
Pennsylvania Avenue, NW., Room G-9, Washington, DC 20408. Request by 
telephone at 202-357-5164 or by fax at 202-357-5926.
    (b) You must submit requests, signed by an authorized official of 
your organization, to use NARA public areas at least 30 calendar days 
before the proposed event is to occur.
    (c) OMB control number 3095--0043 has been assigned to the 
information collection contained in this section.


Sec.  1280.82  How will NARA handle my request to use public areas in 
the National Archives Building?

    (a) When you ask to use property in the National Archives Building, 
we review your request to:
    (1) Ensure that it meets all of the provisions in this subpart;
    (2) Determine if the public area you have requested is available on 
the date and time you have requested;
    (3) Evaluate whether your proposed use is appropriate for the 
requested space; and
    (4) Determine the costs of the event.
    (b) When we have completed this review, we will notify you of the 
decision. We may ask for additional information before deciding whether 
or not to approve your event.
    (c) NARA reserves the right to review, reject, or require changes 
in any material, activity, or caterer you intend to use for the event.


Sec.  1280.84  May I ask to use the Rotunda?

    The Rotunda is primarily used for the public exhibition of the 
Charters of Freedom and other documents from NARA's holdings. NARA also 
uses the Rotunda for activities that further its Strategic Plan. 
Therefore, the use of the Rotunda for private events is not permitted. 
NARA may, upon application, permit other Federal agencies, quasi-
Federal agencies, and State, local, and tribal governments to use the 
Rotunda for official functions, with NARA as a co-sponsor. Governmental 
groups that use the Rotunda for official functions must reimburse NARA 
for the cost of additional cleaning, security, and other staff 
services.

National Archives at College Park, MD


Sec.  1280.85  What space in the National Archives at College Park is 
available for use by non-NARA groups and organizations?

    You may ask to use the following areas:

------------------------------------------------------------------------
                   Area                               Capacity
------------------------------------------------------------------------
Auditorium................................  300.
Lecture Rooms.............................  30 to 70 persons (or up to
                                             300 with all dividers
                                             removed).
------------------------------------------------------------------------

Sec.  1280.86  When are the public areas available for events in the 
National Archives at College Park?

    Most areas are available for set-up and use from 8 a.m. until 9:30 
p.m., Monday through Friday, and from 9 a.m. until 4:30 p.m. on 
Saturday. A NARA staff member must be present at all times when the 
public area is in use. If the space and staff are available, we may 
approve requests for events held before or after these hours and on 
Sunday.


Sec.  1280.87  Does NARA charge fees for the use of public areas in the 
National Archives at College Park?

    NARA may charge a fee under 44 U.S.C. 2903(b) for the use of public 
areas at the National Archives at College Park. We inform organizations 
in advance and in writing of the total estimated cost of using the 
public area. Federal and quasi-Federal agencies, State, local, and 
tribal governmental institutions using public space for official 
government functions pay fees to the National Archives Trust Fund only 
for the costs for additional cleaning, security, and other staff 
services NARA provides.


Sec.  1280.88  How do I request to use NARA public areas in the 
National Archives at College Park?

    (a) Direct your request to use space to: Special Events Coordinator 
(AII); Facilities and Personal Property Management Division; National 
Archives and Records Administration; 8601 Adelphi Road, College Park, 
MD 20740-6001. Request by telephone at 301-837-1900, or by fax at 301-
837-3237.
    (b) You must submit requests for use of NARA public areas at least 
30 calendar days before the proposed event is to occur.
    (c) OMB control number 3095--0043 has been assigned to the 
information collection contained in this section.


Sec.  1280.89  How will NARA handle my request to use public areas in 
the National Archives at College Park?

    (a) When you ask to use public areas at the National Archives at 
College Park, we will review your request to:
    (1) Ensure that it meets all of the provisions in this subpart;
    (2) Determine if the room you have requested is available on the 
date and time you have requested; and
    (3) Determine the cost of the event.
    (b) When we have completed this review, we will notify you of the 
decision. We may ask for additional information before deciding whether 
or not to approve your event.
    (c) NARA reserves the right to review, reject, or require changes 
in any material, activity, or caterer you intend to use for the event.

    Dated: March 31, 2008.
Allen Weinstein,
Archivist of the United States.
 [FR Doc. E8-7126 Filed 4-3-08; 8:45 am]
BILLING CODE 7515-01-P