[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58502-58503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18465]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1280

[FDMS No. NARA-23-0008; NARA-2023-034]
RIN 3095-AC13


Use of NARA Facilities: Rules for Filming, Photographing, or 
Videotaping on NARA Property for Personal Use

AGENCY: National Archives and Records Administration (NARA).

ACTION: Direct final rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
amending our regulations on the Use of NARA Facilities to allow 
personal, non-flash photography throughout NARA exhibition galleries.

DATES: This rule is effective October 10, 2023, without further action, 
unless we receive actionable adverse comments by September 18, 2023. If 
we receive such comments, we will publish a withdrawal of the rule in 
the Federal Register.

ADDRESSES: You may submit comments, identified by RIN 3095-AC13 by the 
following method:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments. All submissions must include NARA's name and the regulatory 
information number for this rulemaking (RIN 3095-AC13). We may publish 
any comments we receive without changes, including any personal 
information you include.
     Mail (for paper, flash drive, or CD-ROM submissions. 
Include ``RIN 3095-AC13'' on the submission): National Archives and 
Records Administration; Regulation Comments Desk, Suite 4100; 8601 
Adelphi Road; College Park, MD 20740-6001.

FOR FURTHER INFORMATION CONTACT: Kimberly Richardson, Strategy and 
Performance Division, by email at [email protected], by 
email at [email protected], or by phone at 301-837-2902. 
Contact https://museum.archives.gov/contact-us with any questions on 
photography in NARA facilities.

SUPPLEMENTARY INFORMATION: The National Archives and Records 
Administration (NARA) is amending our regulations on the use of NARA 
facilities to allow personal photography throughout NARA exhibition 
galleries, including the Rotunda in the National Archives Museum, 
unless otherwise posted. Direct photography of the display of the 
founding documents in the Rotunda will continue to be prohibited; 
however, visitors are allowed to take selfies and other photographs 
that include the Rotunda as background. Research shows that most 
museums allow non-flash photography. By expanding the use of 
photography, we will enhance the visitor experience and raise awareness 
of our mission, while continuing to maintain preservation and security 
needs.

Regulatory Analysis

Review Under Executive Order 12866, Regulatory Planning and Review, 58 
FR 51735; Executive Order 13563, Improving Regulation and Regulation 
Review, 76 FR 23821; and Executive Order 14094 Modernizing Regulatory 
Review, 88 FR 21879.

    The Office of Management and Budget (OMB) has reviewed this 
rulemaking and determined it is not ``significant'' under section 3(f) 
of Executive Order 12866. It is not significant because it consists of 
administrative and minor revisions, involves agency organization and 
management, does not change substantive requirements, and imposes no 
costs on the public.

Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)

    This review requires an agency to prepare an initial regulatory 
flexibility analysis and publish it when the agency publishes the 
proposed rule. This requirement does not apply if the agency certifies 
that the rulemaking will not, if promulgated, have a significant 
economic impact on a substantial number of small entities (5 U.S.C. 
603). We certify, after review and analysis, that this rulemaking will 
not have a significant adverse economic impact on small entities.

Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.)

    This rulemaking does not impose additional information collection 
requirements on the public that are subject to the Paperwork Reduction 
Act.

Review Under Executive Order 13132, Federalism, 64 FR 43255

    Review under Executive Order 13132 requires that agencies review 
regulations for federalism effects on the institutional interest of 
states and local governments, and, if the effects are sufficiently 
substantial, prepare a Federal assessment to assist senior policy 
makers. This rulemaking will not have any effects on state and local 
governments within the meaning of the Executive order. Therefore, no 
federalism assessment is required.

Review Under the Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 
2 U.S.C. 1532)

    Review under the Unfunded Mandates Reform Act requires that 
agencies determine whether any Federal mandate in the rulemaking may 
result in state, local, and tribal governments, in the aggregate, or 
the private sector, expending $100 million in any one year. NARA 
certifies that this rulemaking does not contain a Federal mandate that 
may result in such an expenditure, and this rulemaking is therefore not 
subject to this requirement.

List of Subjects in 36 CFR Part 1280

    Archives and records, Federal buildings and facilities.

    For the reasons stated in the preamble, NARA amends 36 CFR part 
1280 as follows:

PART 1280--USE OF NARA FACILITIES

0
1. The authority citation for part 1280 continues to read as follows:

    Authority: 44 U.S.C. 2102 notes, 2104(a), 2112, 2903.

0
2. Revise Sec.  1280.46 to read as follows:


Sec.  1280.46  Filming, photographing, or videotaping for personal use.

    (a) You may film, photograph, or videotape on NARA property outside 
a NARA facility so long as you do not impede vehicular or pedestrian 
traffic.
    (b) You may film, photograph, or videotape inside a NARA facility 
during regular business hours in public areas, including research rooms 
and exhibition areas, unless otherwise posted, under the following 
conditions:
    (1) You may not use a flash or other supplemental lighting; and
    (2) You may not use a selfie stick, monopod, tripod, or similar 
equipment.

0
3. In Sec.  1280.84, revise paragraph (a) to read as follows:


Sec.  1280.84  Using the Rotunda.

    (a) We do not allow private group event activities (e.g., dinner/
reception, program) to be held in the Rotunda or the exhibit galleries 
in the National Archives Museum. We may, at our discretion, allow 
attendees at private group events to enter the Rotunda and

[[Page 58503]]

other Museum areas in conjunction with their event to view the 
exhibits, but the event activities themselves may not be held in those 
spaces. Whether during or outside of regular business hours, event 
attendees may film, photograph, or videotape in the Rotunda or other 
Museum areas, including group photographs or videos, for personal use 
only, in accordance with all applicable regulations contained in this 
part and unless otherwise posted.
* * * * *

Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2023-18465 Filed 8-25-23; 8:45 am]
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