[Federal Register: October 21, 1999 (Volume 64, Number 203)]
[Rules and Regulations]               
[Page 56678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc99-6]                         

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

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1275

RIN 3095-AA91

 
Nixon Presidential Materials

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

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

SUMMARY: This rule amends regulations on preservation and processing of 
and access to the Presidential historical materials of Richard M. Nixon 
in NARA's custody to reflect the 1998 decision of the U.S. Court of 
Appeals that the private or personal segments of the original tape 
recordings must be returned to the Nixon estate. The amended rule 
affects NARA and the Nixon estate. Other members of the public are not 
affected because no public access to the private and personal segments 
of the tapes has ever been permitted.

EFFECTIVE DATE: November 22, 1999.

FOR FURTHER INFORMATION CONTACT: Nancy Allard at telephone number 301-
713-7360, ext. 226, or fax number 301-713-7270.

SUPPLEMENTARY INFORMATION: NARA published a notice of proposed 
rulemaking on July 14, 1999 (64 FR 37922). One comment supporting the 
proposed rule was received from a member of the public. Accordingly, we 
are adopting the proposed rule without change.
    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. It is not a major rule as defined in the 
Congressional Review Act. As required by the Regulatory Flexibility 
Act, I certify that this rule will not have a significant impact on a 
substantial number small entities because it applies only to NARA and 
the estate of former President Nixon.

List of Subjects in 36 CFR Part 1275

    Archives and records.

    For the reasons set forth in the preamble, NARA amends part 1275 of 
title 36, Code of Federal Regulations, as follows:

PART 1275--PRESERVATION AND PROTECTION OF AND ACCESS TO THE 
PRESIDENTIAL HISTORICAL MATERIALS OF THE NIXON ADMINISTRATION

    1. The authority citation for part 1275 continues to read as 
follows:

    Authority: Sec. 102(a) of the National Archives and Records 
Administration Act of 1984, Pub. L. 98-497; 44 U.S.C. 2104; and 
secs. 103 and 104 of the Presidential Recordings and Materials 
Preservation Act 88 Stat. 1695; 44 U.S.C. 2111 note.

    2. Revise paragraph (a) of Sec. 1275.48 to read as follows:


Sec. 1275.48  Transfer of materials.

    (a) The Archivist will transfer sole custody and use of those 
materials determined to be private or personal, or to be neither 
related to abuses of governmental power nor otherwise of general 
historical significance, to former President Nixon's estate, or, when 
appropriate and after notifying the Nixon estate, to the former staff 
member having primary proprietary or commemorative interest in the 
materials. Such materials to be transferred include all segments of the 
original tape recordings that have been or will be identified as 
private or personal.
* * * * *
    3. Revise paragraph (e) of Sec. 1275.64 to read as follows:


Sec. 1275.64  Reproduction of tape recordings of Presidential 
conversations.

* * * * *
    (e) The Archivist shall produce and maintain a master preservation 
copy of the original tape recordings for preservation purposes. The 
Archivist shall ensure that the master preservation copy, like the 
portions of the original tape recordings retained by the Archivist, 
does not contain those segments of the tape recordings which have been 
identified as private or personal and which have been transferred to 
the Nixon estate in accordance with Sec. 1275.48.

    Dated: October 14, 1999.
John W. Carlin,
Archivist of the United States.
[FR Doc. 99-27374 Filed 10-20-99; 8:45 am]
BILLING CODE 7515-01-P