[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Rules and Regulations]
[Pages 11145-11146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05088]


=======================================================================
-----------------------------------------------------------------------

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

[FDMS No. NARA-18-0001; NARA-2018-019]
RIN 3095-AB96


Fees

AGENCY: National Archives and Records Administration (NARA).

ACTION: Direct final rule.

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

SUMMARY: NARA is amending our Fees regulation to shorten the period in 
which people who request copies of archival records may request a 
refund. This shorter period is in line with other similar research and 
archival institutions and is designed to reduce the administrative 
costs of processing a large number of refund requests that fall outside 
the permitted bases.

DATES: This rule is effective on April 13, 2018 without further notice, 
unless we receive adverse written comment that warrants revision by 
April 3, 2018. If we receive such comments, we will publish a timely 
withdrawal of the direct final rule in the Federal Register.

ADDRESSES: You may submit comments, identified by RIN 3095-AB95, by 
email at [email protected], or by mail to the External 
Policy Program Manager; Strategy Division (MP), Suite 4100; National 
Archives and Records Administration; 8601 Adelphi Road; College Park, 
MD 20740-6001.

FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori, by email at 
[email protected], or by telephone at 301-837-3151.

SUPPLEMENTARY INFORMATION:

Background

    NARA is authorized by 44 U.S.C. 2116(c) to charge reproduction fees 
when it reproduces documents for non-Federal individuals or entities. 
This includes official reproductions with the
    Archives' seal, reproductions of archival holdings, and 
reproductions of operational records. The statute authorizes NARA to 
recoup its costs, equipment fees, and similar expenses, and to retain 
the fees as part of the National Archives Trust Fund (NATF). NARA 
promulgated regulations at 36 CFR part 1258 to notify users of the fee 
structure and processes. Among these regulations is a section 
addressing refunds of these fees (36 CFR 1258.16). It is this provision 
that we are revising with this rulemaking.
    Due to various factors, it is occasionally difficult for us to make 
a legible reproduction, particularly of old documents. We notify 
customers if we anticipate the reproduction will have questionable 
legibility and request the customer's approval to proceed with the 
reproduction--and the fee charges. As a result, we do not provide 
refunds except in special cases; primarily if we have somehow processed 
an order incorrectly or it contains errors. However, the regulation's 
refund request period is of such a length (120 days) that the NATF has 
been receiving a significant number of refund requests for orders that 
contain no errors and were processed correctly, which is causing the 
NATF administrative processing burdens. As a result, we are now 
reducing the refund request period to 30 days, which we believe will 
reduce the number of these other types of refund requests. A 30-day 
refund period is also in line with similar deadlines at other research 
and archival institutions that allow refund requests, such as the 
Library of Congress. Many such organizations do not permit refunds at 
all (e.g., USCIS Genealogy Program). We would like to continue 
permitting refunds when there has been an error, but we believe the 
shorter period will still provide sufficient time in which to request a 
refund while reducing the inappropriate refund requests and NARA's 
administrative costs.

Regulatory Review Information

    This rule is not a significant regulatory action for the purposes 
of E.O. 12866 and a significance determination was requested from the 
Office of Management and Budget (OMB). It is also not a major rule as 
defined in 5 U.S.C. Chapter 8, Congressional Review of Agency 
Rulemaking. As a result, this rule is also not subject to deregulatory 
requirements contained in E.O. 13771. As required by the Regulatory 
Flexibility Act, we certify that this rule will not have a significant 
impact on a substantial number of small entities; it simply shortens 
the period in which people may request refunds of reproduction fees. 
This rule also does not have any Federalism implications.
    This rule is effective upon publication for good cause as permitted 
by the Administrative Procedure Act (5 U.S.C. 553(d)(3)). NARA believes 
that a public comment period is unnecessary as this rule merely 
shortens the recently added refund request period to bring it in line 
with similar periods at other research and archival institutions, such 
as the Library of Congress.

List of Subjects in 36 CFR Part 1258

    Archives and records.

[[Page 11146]]

    For the reasons stated in the preamble, NARA amends 36 CFR part 
1258 as follows:

PART 1258--[AMENDED]

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

    Authority: 44 U.S.C. 2126(c) and 44 U.S.C. 2307.


0
2. Amend Sec.  1258.16 by revising the sixth sentence to read as 
follows:


 Sec.  1258.16  What is NARA's refund policy?

    * * * If you feel we processed your order incorrectly or it 
contains errors, please contact us within 30 days of your delivery date 
to have your issue verified. * * *

David S. Ferriero,
Archivist of the United States.
[FR Doc. 2018-05088 Filed 3-13-18; 8:45 am]
BILLING CODE 7515-01-P