[Federal Register: June 30, 2004 (Volume 69, Number 125)]
[Rules and Regulations]
[Page 39313-39324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn04-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 39313]]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Parts 1254 and 1284
RIN 3095-AB10
Revision of NARA Research Room Procedures
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule.
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SUMMARY: NARA has revised its regulations on research room procedures
to incorporate several changes, and also to clarify it using plain
language. In addition, information about the loan of archival materials
for exhibits has been moved to 36 CFR part 1284. This rule affects the
public.
DATES: Effective Date: July 30, 2004.
FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1801.
SUPPLEMENTARY INFORMATION: The proposed rule was published in the March
31, 2004, Federal Register (69 FR 16863) for a 60-day public comment
period. NARA notified several researcher organizations about the
proposed rule. A copy of the proposed rule was also posted on the NARA
Web site and in onsite research rooms in NARA facilities. NARA received
two responses to the proposed rule from the public.
The majority of the proposed rule was dedicated to NARA's research
room rules nationwide in part 1254. The proposed rule also included in
part 1254 NARA's policy about private microfilming of archival
materials. The proposed rule further proposed to change our regulations
by moving our policy on loaning archival materials for exhibits to part
1284.
One member of the public suggested that NARA issue identification
cards with fingerprints and photographs to researchers using original
materials. NARA already issues photo identification cards in locations
containing the largest volume and most heavily consulted historical
materials. We may be able to implement photo identification cards in
other NARA facilities and may do so when practicable. We do not have
legal authority to take fingerprints from the public, however, and did
not adopt that recommendation.
One member of the public commented that NARA should not have
detailed regulations but rather provide discretion to NARA managers in
how to operate research rooms under their jurisdiction. We did not
adopt this comment. While managers may have some latitude in making
decisions based on local circumstances, NARA believes that having
research room rules codified in regulations is a public service to help
provide a common understanding among our users.
One member of the public suggested that NARA encourage the use of
digital cameras and discourage personal copiers. Our foremost concern
about the creation of any copies of historical materials is with the
preservation of the originals. As long as the equipment and the
conditions of its use complies with NARA's need to preserve the
original materials, researchers may use the equipment that meets their
needs.
One public commenter urged NARA to have private microfilmers create
microfilm publications or copies by digitally scanning original
historical materials, rather than filming materials with conventional
microfilm methods. The commenter argued that scanning first produces
superior quality microfilm than conventional filming. The commenter
also believed that the regulations ought to indicate when documents
should be scanned first and include technical requirements for scanning
equipment and the microfilm produced from the scanners. In addition,
the commenter said that NARA should require that vendors produce copies
of all digital files for NARA use, including posting on its Web site.
In the proposed rule, we indicated our intention to retain the
subpart outlining our policies for private microfilming of records and
donated historical materials in our custody without substantive change.
We intend to address private scanning and digitizing project requests
in a future rulemaking.
One public commenter pointed out that some of the information about
microfilm and copyright needed clarification. In Sec. 1254.98, the
publisher does not need to do anything to have its work protected by
copyright law because any new information added to the filmed documents
is automatically protected. The publisher can only claim copyright to
its own material added to the film; NARA documents in the public domain
remain in the public domain, as indicated in Sec. 1254.96. The
commenter also said that NARA needs to claim a royalty-free worldwide
license to not only sell copies of the publication, but also to
reproduce, distribute, display images, print from, digitize, and
prepare derivative works from the copyright-protected portions after 7
years.
We agreed that the language in Sec. 1254.98 needed some
clarification for better reader understanding and made some necessary
changes. We removed language implying that a microfilm publisher must
apply for copyright protection. We also clarified NARA's rights to
subsequent use of any publication in Sec. 1254.98 and related text in
Sec. Sec. 1254.100(g)(1) and 1254.100(g)(2).
We proposed moving the existing Sec. 1254.1(f) on the loan of NARA
archival materials to other institutions for exhibit purposes to part
1284 of this chapter. One commenter said that NARA should lend
documents to other archival institutions for research use. We did not
adopt this comment. While NARA has recognized the benefits of making
historical materials available through loan to other institutions
temporarily for exhibit purposes, we do not generally make temporary
loans for research purposes--even to Federal agencies for reference
purposes as indicated at Sec. 1228.280.
This final 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 (OMB). As required by the Regulatory
Flexibility Act, it is hereby certified that this final rule will not
have a significant impact on a substantial number of small entities
because this rule applies to individual researchers. This final rule
contains two information collections previously approved by OMB. This
final rule does not have any federalism implications.
[[Page 39314]]
This rule is not a major rule as defined in 5 U.S.C. Chapter 8,
Congressional Review of Agency Rulemaking.
List of Subjects
36 CFR Part 1254
Archives and records, Micrographics.
36 CFR Part 1284
Archives and records, Federal buildings and facilities.
0
For the reasons set forth in the preamble, NARA amends chapter XII of
title 36 of the Code of Federal Regulations as follows:
0
1. Revise Part 1254 to read as follows:
PART 1254--USING RECORDS AND DONATED HISTORICAL MATERIALS
Subpart A--General Information
Sec.
1254.1 What kinds of archival materials may I use for research?
1254.2 Does NARA provide information about documents?
1254.4 Where and when are documents available to me for research?
1254.6 Do I need a researcher identification card to use archival
materials at a NARA facility?
1254.8 What information do I need to provide when applying for a
researcher identification card?
1254.10 For how long and where is my researcher identification card
valid?
1254.12 Will NARA log or inspect my computer, other equipment, and
notes?
1254.14 Are some procedures in regional archives and Presidential
libraries different from those in the Washington, DC, area?
Subpart B--Research Room Rules
General Procedures
1254.20 What general policies apply in all NARA facilities where
archival materials are available for research?
1254.22 Do I need to register when I visit a NARA facility for
research?
1254.24 Whom does NARA allow in research rooms?
1254.26 What can I take into a research room with me?
1254.28 What items are not allowed in research rooms?
1254.30 Does NARA provide any supplies?
1254.32 What rules apply to public access use of the Internet on
NARA-supplied computers?
Rules Relating To Using Original Documents
1254.34 What are my responsibilities when using documents?
1254.36 What care must I take when handling documents?
1254.38 How do I keep documents in order?
1254.40 How does NARA prevent removal of documents?
Rules Relating To Using Microfilm
1254.42 What are the rules that apply to using self-service
microfilm?
1254.44 How long may I use a microfilm reader?
Other Conduct Rules
1254.46 Are there other rules of conduct that I must follow?
1254.48 When does NARA revoke research privileges?
1254.50 Does NARA consider reinstating research privileges?
1254.52 Can NARA extend the period of revoked research privileges?
Subpart C--Copying Archival Materials
General Information
1254.60 What are NARA's copying services?
1254.62 Does NARA have archival materials protected by copyright?
1254.64 Will NARA certify copies?
Rules Relating To Self-Service Copying
1254.70 How may I make my own copies of documents?
1254.72 What procedures do I follow to copy documents?
1254.74 What documents are unsuitable for copying on a self-service
or personal copier or scanner?
1254.76 What procedures do I follow to copy formerly national
security-classified documents?
Rules Relating To Using Copying Equipment
1254.80 Does NARA allow me to use scanners or other personal copying
equipment?
1254.82 What limitations apply to my use of self-service card-
operated copiers?
1254.84 How may I use a debit card for copiers in the Washington,
DC, area?
1254.86 May I use a personal paper-to-paper copier at the National
Archives at College Park?
1254.88 What are the rules for the Motion Picture, Sound, and Video
Research Room at the National Archives at College Park?
Subpart D--Microfilming Archival Materials
1254.90 What is the scope of this subpart?
1254.92 How do I submit a request to microfilm records and donated
historical materials?
1254.94 What must my request include?
1254.96 What credits must I give NARA?
1254.98 May NARA make subsequent use of my publication?
1254.100 How does NARA evaluate requests?
1254.102 What requests does NARA not approve?
1254.104 How does NARA determine fees to prepare documents for
microfilming?
1254.106 What are NARA's equipment standards?
1254.108 What are NARA's requirements for the microfilming process?
1254.110 Does NARA ever rescind permission to microfilm?
Authority: 44 U.S.C. 2101-2118.
Subpart A--General Information
Sec. 1254.1 What kinds of archival materials may I use for research?
(a) The National Archives and Records Administration (NARA)
preserves records of all three branches (Executive, Legislative, and
Judicial) of the Federal Government in record groups that reflect how
government agencies created and maintained them. Most of these records
are of Executive Branch agencies. We also have individual documents and
collections of donated historical materials that significantly
supplement existing records in our custody or provide information not
available elsewhere in our holdings. Descriptions of many of our
records are available through our Web site, http://www.archives.gov.
(b) We provide information about records and we make them available
to the public for research unless they have access restrictions. Some
records may be exempt from release by law. Donors may apply
restrictions on access to historical materials that they donate to
NARA. Access restrictions are further explained in part 1256 of this
chapter. We explain procedures for obtaining information about records
in Sec. 1254.2.
(c) In addition to traditional paper (textual) materials, our
holdings also include special media materials such as microfilm, still
pictures, motion pictures, sound and video recordings, cartographic and
architectural records, and electronic records. The majority of these
materials are housed at the National Archives at College Park, 8601
Adelphi Road, College Park, MD 20740-6001. Many of these types of
materials also are represented in the holdings of our Presidential
libraries and our regional archives facilities listed in part 1253 of
this chapter.
(d) The majority of our archival materials are 30 years old or
older.
(e) Records creating agencies hold the legal title and control
access to records housed in NARA records centers. Our procedures to
obtain access to these records are in Sec. 1256.2.
Sec. 1254.2 Does NARA provide information about documents?
(a) Upon request, we provide overall information about our holdings
or about specific documents, if the time required to furnish the
information is not excessive and if the information is not restricted
(see part 1256 of this chapter). For anyone unable to visit, we may
provide information contained in specific documents by offering copies
of the documents for a fee (see Sec. 1254.60).
(b) Requests must be on designated forms when we require them. The
Office
[[Page 39315]]
of Management and Budget (OMB) approves these forms as information
collections and the forms bear the approved control number.
(c) If requests that we receive in the normal course of reference
service do not specifically cite the Freedom of Information Act (5
U.S.C. 552, as amended), we do not consider those requests made under
the Act. To make a request under the Act, follow the procedures in part
1250 of this chapter.
Sec. 1254.4 Where and when are documents available to me for
research?
(a) You may obtain general information about the location of
records by visiting the NARA Web site at http://www.archives.gov; writing to
the National Archives and Records Administration (NWCC2), 8601 Adelphi
Road, College Park, MD 20740-6001; completing our Inquire form at
http://www.archives.gov/global_pages/inquire_form.html; sending a fax
request to (301) 837-0483; or calling (202) 501-5400, (301) 837-2000,
or toll free (866) 272-6272.
(b) The locations and hours of operation (expressed in local time)
of NARA's research rooms are shown in part 1253 of this chapter.
Contact our facilities directly for information about their particular
holdings. A facility or unit director may authorize that documents be
made available at times other than the times specified in part 1253.
(c) Before planning a visit, contact the facility holding materials
of potential interest to determine whether the documents are available,
whether there are enough documents to warrant a visit, or whether
ordering copies would be more practical.
(d) In addition to the procedures in this part, researchers who
wish to use archival materials that contain national security
classified information must follow procedures in part 1256 of this
chapter.
Sec. 1254.6 Do I need a researcher identification card to use
archival materials at a NARA facility?
(a) Yes, you need a researcher identification card to use original
archival materials at a NARA facility. See Sec. Sec. 1254.8 and
1254.10 for information on obtaining a card.
(b) You also need a researcher identification card if you wish to
use only microfilm copies of documents in a NARA facility where the
microfilm research room is not separate from textual research rooms.
(c) If you are using only microfilm copies of records in the
National Archives Building and some regional archives where the
microfilm research room is separate from textual research rooms, you do
not need an identification card but you must register as described in
Sec. 1254.22.
Sec. 1254.8 What information do I need to provide when applying for a
researcher identification card?
(a) You must apply in person and show identification containing
your picture or physical description, such as a driver's license or
school identification card. You also must provide proof of your current
address, such as a bank statement, utility bill, or department of motor
vehicles change of address card, if the address on your driver's
license or other identification is not current. Students who consider
the home of their parents as their permanent address, but who do not
live there during the academic session, must provide their current
student address. If you travel long distance to conduct research in
original archival materials at a NARA facility, we may ask you how we
can contact you locally. In special circumstances, the director of a
facility or unit has the authority to grant exceptions to these
requirements.
(b) If you apply for access to large quantities of documents or to
documents that are especially fragile or valuable, we may require you
to furnish additional information about reasons why you require access.
Some materials are too fragile or valuable for direct handling or
viewing. Preservation concerns (see Sec. Sec. 1254.20(b) and
1254.36(e)) and availability of resources (see Sec. 1254.20(c)) may
limit our ability to accommodate certain requests.
(c) If you are younger than 14, you must follow the procedures in
Sec. 1254.24 to seek permission to conduct research.
(d) We do not issue you a researcher identification card if the
appropriate supervisor or director of the NARA facility determines that
the documents that you wish to use are not in the legal custody of NARA
and you do not present appropriate written authorization from the legal
title holder to examine the documents.
(e) The collection of information contained in this section has
been approved by the Office of Management and Budget with the control
number 3095-0016.
Sec. 1254.10 For how long and where is my researcher identification
card valid?
(a) Your card is valid for 1 year and may be renewed. Cards we
issue at one NARA facility are valid at each facility, except as
described in paragraph (b) of this section. Cards are not transferable
and you must present your card if a guard or research room attendant
requests to see it.
(b) At NARA facilities in the Washington, DC, area and other NARA
facilities that issue and use plastic researcher identification cards
as part of their security systems, NARA issues a plastic card to
replace the paper card issued at some NARA facilities at no charge. The
plastic card is acceptable at all NARA facilities.
Sec. 1254.12 Will NARA log or inspect my computer, other equipment,
and notes?
(a) If you bring personal computers, scanners, tape recorders,
cameras, and other equipment into our facilities, we will inspect the
equipment.
(1) In the Washington, DC, area, you must complete the Equipment
Log at the guard's desk. The guard checks the log for proof of your
personal ownership before you remove your equipment from the building.
(2) In the regional archives and Presidential libraries, we may tag
your equipment after inspection and approval.
(b) Not all NARA facilities permit you to take your personal notes
into the research room. In research rooms that permit taking in your
notes, a NARA or contractor employee may stamp, initial, and date notes
and other research materials we approve for admission to indicate that
they are your personal property.
(c) We inspect your personal property, including notes,
electrostatic copies, equipment cases, tape recorders, cameras,
personal computers, and other property, before you may remove them from
our research rooms or facilities.
Sec. 1254.14 Are some procedures in regional archives and
Presidential libraries different from those in the Washington, DC,
area?
Yes, the variety of facilities, locations of research rooms, room
sizes, and other factors contribute to differences in some, but not
all, practices from the Washington, DC, area. When the appropriate
regional director of archival operations or Presidential library
director indicates, you must follow the procedures in regional archives
and Presidential library archival research rooms where researchers use
original documents. These procedures are in addition to the procedures
we specify elsewhere in this part. The procedures are either posted in
the facility or the staff gives copies of them to researchers.
[[Page 39316]]
Subpart B--Research Room Rules
General Procedures
Sec. 1254.20 What general policies apply in all NARA facilities where
archival materials are available for research?
(a) Researchers may use original documents only in the designated
research room at the facility where they are stored.
(b) Researchers must use microfilm copies or other alternative
copies of documents when available, rather than the original documents.
Some of our microfilm publications are available in more than one NARA
facility.
(c) We may limit the quantity of documents that we deliver to you
at one time. In some research rooms, we furnish records according to a
specific time schedule.
Sec. 1254.22 Do I need to register when I visit a NARA facility for
research?
(a) Yes, you must register each day you enter a NARA research
facility by furnishing the information on the registration sheet or
scanning a bar-coded researcher identification card. We may ask you to
provide additional personal identification.
(b) NARA facilities in the Washington, DC, area contain several
research rooms; you must register in each research room you visit on a
daily basis.
(c) In regional archives, you also sign out when leaving the
research room for the day. In some Presidential libraries, where we
instruct you to do so, you sign out when you leave the building.
Sec. 1254.24 Whom does NARA allow in research rooms?
(a) We limit admission to research rooms in our facilities to
individuals examining or copying documents and other materials.
(b) We do not admit children under the age of 14 to these research
rooms unless we grant them research privileges (see paragraph (d) of
this section).
(c) The appropriate supervisor may make exceptions for a child who
is able to read and who will be closely supervised by an adult while in
the research room. The adult must agree in writing to be present when
the child uses documents and to be responsible for compliance with the
research room and copying rules in subparts B and C of this part.
(d) Students under the age of 14 who wish to perform research on
original documents must apply in person at the facility where the
documents are located. At the National Archives Building, apply to the
chief of the Research Support Branch (NWCC1). At the National Archives
at College Park, apply to the chief of the Research Support Branch
(NWCC2). For regional archives and Presidential libraries, apply to the
appropriate supervisor or archivist in charge. We may require either
that the student must present a letter of reference from a teacher or
that an adult accompany the student while doing research. Students may
contact NARA by phone, e-mail, fax, or letter in advance of their visit
to discuss their eligibility for research privileges. Current contact
information for our facilities is available on our Web site, http://www.archives.gov
.
(e) We may permit adults and children participating in scheduled
tours or workshops in our research rooms when they do not handle any
documents that we show to them. These visitors do not need a researcher
identification card.
Sec. 1254.26 What can I take into a research room with me?
(a) Personal belongings. You may take a hand-held wallet and coin
purse for the carrying of currency, coins, credit cards, keys, driver's
license, and other identification cards into research rooms, but these
are subject to inspection when you enter or leave the room. The guard
or research room attendant determines whether your wallet or purse is
sufficiently small for purposes of this section. You may take cell
phones, pagers, and similar telecommunications devices into a research
room only under the circumstances cited in Sec. 1254.46(b) and, for
cell phone cameras, in Sec. 1254.70(g).
(b) Notes and reference materials. You may take notes, references,
lists of documents to be consulted, and other materials into a research
room if the supervisor administering the research room or the senior
staff member on duty in the research room determines that they are
essential to your work requirements. Not all facilities permit you to
take notes into the research room. In facilities that allow you to
bring notes, staff may stamp your items to indicate that they are your
property.
(c) You may bring back into the research room on subsequent visits
your research notes made on notepaper and notecards we provide and
electrostatic copies you make on copying machines in NARA research
rooms which are marked with the statement ``Reproduced at the National
Archives.'' You must show any notes and copies to the research room
attendant for inspection when you enter the research room.
(d) Personal equipment. The research room attendant, with approval
from the supervisor, archivist, or lead archives technician in charge
of the room, may admit personal computers, tape recorders, scanners,
cameras, and similar equipment if the equipment meets NARA's approved
standards for preservation. We do not approve the use of any equipment
that could potentially damage documents. If demand to use equipment
exceeds the space available for equipment use, we may impose time
limits. If you wish to use computers, sound recording devices, or other
equipment, you must work in areas the research room attendant
designates, when required.
Sec. 1254.28 What items are not allowed in research rooms?
(a) You may not bring into the research rooms overcoats, raincoats,
jackets, hats, or other outerwear; personal paper-to-paper copiers,
unless permitted in accordance with Sec. 1254.86 of this part;
briefcases, satchels, valises, suitcases, day packs, purses, boxes, or
similar containers of personal property. We may make exceptions for
headwear worn for religious or health reasons. In facilities where we
provide notepaper and notecards, you also may not bring into the
research room notebooks, notepaper, notecards, folders or other
containers for papers.
(b) You may store personal items at no cost in lockers or other
storage facilities in the NARA facility. These lockers or other storage
facilities are available on a first-come-first-served basis.
(c) You must remove your personal belongings each night from the
lockers or other storage facilities we provide to hold them. If you do
not remove your personal belongings, NARA personnel will remove them.
We post directions for reclaiming confiscated items near the lockers or
other storage facilities.
(d) NARA is not responsible for the loss or theft of articles you
store in the lockers.
(e) We may charge a replacement fee for lost locker keys.
(f) Knives and other sharp objects such as box cutters, razors, or
wire are not permitted in our research rooms.
Sec. 1254.30 Does NARA provide any supplies?
Yes, in most facilities NARA furnishes you, without charge, pencils
and specially marked lined and unlined notepaper and notecards, for use
in the research rooms. NARA also provides diskettes and paper for our
public access computers. Return unused pencils and notepaper,
notecards, diskettes, and printer paper to the research room attendant
at the end of the day.
[[Page 39317]]
Sec. 1254.32 What rules apply to public access use of the Internet on
NARA-supplied computers?
(a) Public access computers (workstations) are available for
Internet use in all NARA research rooms. The number of workstations
varies per location. We provide these workstations for research
purposes on a first-come-first-served basis. When others are waiting to
use the workstation, we may impose a 30-minute time limit on the use of
the equipment.
(b) You should not expect privacy while using these workstations.
These workstations are operated and maintained on a United States
Government system, and activity may be monitored to protect the system
from unauthorized use. By using this system, you expressly consent to
such monitoring and the reporting of unauthorized use to the proper
authorities.
(c) You may not use these workstations to gain access to
entertainment or other inappropriate Web sites in our research rooms.
You also may not use these workstations to conduct private business not
related to your research or NARA holdings.
(d) NARA provides at least one Internet access workstation in each
facility that complies with the Workforce Investment Act of 1998,
ensuring comparable accessibility to individuals with disabilities.
(e) You may download information to a diskette and print materials,
but the research room staff will furnish the diskettes and paper. You
may not use personally owned diskettes on NARA personal computers. You
may not load files or any type of software on these workstations.
Rules Relating to Using Original Documents
Sec. 1254.34 What are my responsibilities when using documents?
(a) You must sign for the documents you receive and we may require
you to show your researcher identification card.
(b) You are responsible for the proper handling of and prevention
of damage to all documents delivered to you until you return them.
Specific handling instructions are given in Sec. Sec. 1254.36 and
1254.38.
(c) When you finish using the documents, you must return them to
the research room attendant.
(d) You must not remove the reference service slip that accompanies
the documents to the research room.
(e) If we ask, you must return documents up to 15 minutes before
closing time.
(f) Before leaving a research room, even for a short time, you must
notify the research room attendant and place all documents in their
proper containers.
Sec. 1254.36 What care must I take when handling documents?
To prevent damage to documents, we have rules relating to the
physical handling of documents.
(a) You must use only pencils in research rooms where original
documents are used.
(b) You must not lean on, write on, refold, trace, or otherwise
handle documents in any way likely to cause damage.
(c) You must follow any additional rules that apply to the use of
special media records at our facilities, such as wearing cotton gloves
we provide you for handling still pictures and any original film-based
materials.
(d) You must identify documents for reproduction only with a paper
tab that we provide you. You must not use paper clips, rubber bands,
self-stick notes or similar devices to identify documents.
(e) You must use exceptionally valuable or fragile documents only
under conditions the research room attendant specifies.
(f) You must request that research room personnel unstaple or
remove other fasteners from documents that cannot otherwise be read.
(g) If you notice damage to any document(s), notify the research
room attendant immediately.
Sec. 1254.38 How do I keep documents in order?
(a) You must keep unbound documents in the order in which we
deliver them to you.
(b) You must not attempt to rearrange documents that appear to be
in disorder. Instead, you must refer any suspected problems with the
records to the research room attendant.
(c) You may use only one folder at a time.
(d) Remove documents from only one container at a time.
Sec. 1254.40 How does NARA prevent removal of documents?
(a) You must not remove documents from a research room. Removing,
mutilating, or revising or otherwise altering documents is forbidden by
law and is punishable by fine or imprisonment or both (18 U.S.C. 2071).
(b) Upon leaving the research room or facility, you must present
for examination any article that could contain documents or microfilm,
as well as presenting copies or notes to ensure that no original
records are mixed in with them.
(c) To ensure that no one unlawfully removes or mutilates
documents, NARA may post at the entrance to research rooms instructions
supplementing the rules in this part. These instructions are specific
to the kinds of records you use or to the facility where the records
are stored.
Rules Relating to Using Microfilm
Sec. 1254.42 What are the rules that apply to using self-service
microfilm?
NARA makes available microfilm copies of many records on a self-
service basis.
(a) When microfilm is available on a self-service basis, research
room attendants assist you in identifying research sources on microfilm
and provide information concerning how to locate and retrieve the
roll(s) of film containing the information of interest. You are
responsible for retrieving and examining the roll(s).
(b) Unless you require assistance in learning how to operate
microfilm reading equipment or have a disability, we expect you to
install the microfilm on the reader, rewind it when finished, remove it
from the reader, and return it to the proper microfilm box. You must
carefully remove from and return to the proper microfilm boxes rewound
microfilm. You must take care when loading and unloading microfilm from
microfilm readers. Report damaged microfilm to the research room
attendant as soon you discover it.
(c) Unless we make an exception, you may use only one roll of
microfilm at a time.
(d) After using each roll, you must return the roll of microfilm to
the location from which you removed it, unless we otherwise instruct
you.
(e) You should bring to the attention of the research room
attendant any microfilm you find in the wrong box or file cabinet.
Sec. 1254.44 How long may I use a microfilm reader?
(a) Use of the microfilm readers in the National Archives Building
is on a first-come-first-served basis. When other researchers are
waiting to use a microfilm reader, we may place a 3-hour limit on using
a reader. After 3 hours of machine use, you may sign the waiting list
for an additional 3-hour period. For fire safety reasons, we may limit
the number of researchers in the microfilm research room in the
National Archives Building to those researchers assigned a microfilm
reader.
(b) Archival operations directors at our regional archives may
permit
[[Page 39318]]
reservations for use of microfilm readers and set time limits on use to
meet local circumstances.
Other Conduct Rules
Sec. 1254.46 Are there other rules of conduct that I must follow?
(a) Part 1280 specifies conduct rules for all NARA facilities. You
must also obey any additional rules supplementing Subpart B of part
1254 that are posted or distributed by the facility director.
(b) You may not eat, drink, chew gum, smoke, or use smokeless
tobacco products, or use a cell phone, pager, or similar communications
device that emits sound signals in a research room. Communications
devices must be in vibrate mode. You must make and receive telephone
calls outside of research rooms.
(c) We prohibit loud talking and other activities likely to disturb
other researchers.
Sec. 1254.48 When does NARA revoke research privileges?
(a) Behaviors listed in paragraphs (a)(1) through (a)(4) of this
section may result in NARA denying or revoking research privileges.
(1) Refusing to follow the rules and regulations of a NARA
facility;
(2) Demonstrating by actions or language that you present a danger
to documents or NARA property;
(3) Presenting a danger to other researchers, NARA or contractor
employees, or volunteers; or
(4) Verbally or physically harassing or annoying other researchers,
NARA or contractor employees, or volunteers.
(b) Denying or revoking research privileges means:
(1) We may deny or revoke your research privileges for up to 180
days;
(2) You lose research privileges at all NARA research rooms
nationwide; and
(3) You lose your valid researcher identification card if you
already have one.
(c) We notify all NARA facilities of the revocation of your
research privileges.
(d) If we revoke your research privileges, we send you a written
notice of the reasons for the revocation within 3 working days of the
action.
Sec. 1254.50 Does NARA consider reinstating research privileges?
(a) You have 30 calendar days after the date of revocation to
appeal the action in writing and seek reinstatement of research
privileges. Mail your appeal to: Archivist of the United States, 8601
Adelphi Road, College Park, MD 20740-6001.
(b) The Archivist has 30 calendar days from receipt of an appeal to
decide whether to reinstate your research privileges and to respond to
you in writing.
(c) If the Archivist upholds the revocation of privileges or if you
do not appeal, you may request in writing reinstatement of research
privileges no earlier than 180 calendar days from the date we revoked
privileges. This request may include application for a new researcher
identification card.
(d) Our reinstatement of research privileges applies to all
research rooms.
(e) If we reinstate your research privileges, we issue you a card
for a probationary period of 60 days. At the end of the probationary
period, you may apply for a new, unrestricted identification card,
which we issue to you if your conduct during the probationary period
follows the rules of conduct in this part and in part 1280 of this
chapter.
Sec. 1254.52 Can NARA extend the period of revoked research
privileges?
(a) If the reinstatement of research privileges would pose a threat
to the safety of persons, property, or NARA holdings, or if, in the
case of a probationary identification card, you fail to comply with the
rules of conduct for NARA facilities, we may extend the revocation of
privileges for additional 180-day periods. We send you a written notice
of an extension within 3 workdays of our decision to continue the
revocation of research privileges.
(b) You have 30 calendar days after the decision to extend the
revocation of research privileges to appeal the action in writing. Mail
your appeal to the Archivist at the address given in Sec. 1254.50(a).
The Archivist has 30 calendar days from receipt of your appeal to
decide whether to reinstate your research privileges and to respond to
you in writing.
Subpart C--Copying Archival Materials
General Information
Sec. 1254.60 What are NARA's copying services?
(a) You may order copies of many of our documents for a fee. Our
fee schedule for copies is located in Sec. 1258.12 of this chapter.
Exceptions to the fee schedule are located in Sec. 1258.4. See Sec.
1258.6 about reproductions NARA may provide without charging a fee.
(b) For preservation reasons, we do not make copies from the
original documents if the documents are available on microfilm and a
clear copy (electrostatic, photographic, or microfilm) can be made from
the microfilm.
Sec. 1254.62 Does NARA have archival materials protected by
copyright?
Yes, although many of our holdings are in the public domain as
products of employees or agents of the Federal Government, some records
and donated historical materials do have copyright protection.
Particularly in the case of some special media records, Federal
agencies may have obtained materials from private commercial sources,
and these may carry publication restrictions in addition to copyright
protection. Presidential records may also contain copyrighted
materials. You are responsible for obtaining any necessary permission
for use, copying, and publication from copyright holders and for any
other applicable provisions of the Copyright Act (Title 17, United
States Code).
Sec. 1254.64 Will NARA certify copies?
Yes, the responsible director of a unit, or any of his or her
superiors, the Director of the Federal Register, and their designees
may certify copies of documents as true copies for a fee. The fee is
found at Sec. 1258.12(a).
Rules Relating to Self-Service Copying
Sec. 1254.70 How may I make my own copies of documents?
(a) Self-service copiers are available in some of our facilities.
Contact the appropriate facility to ask about availability before you
visit.
(b) In the Washington, DC, area, self-service card-operated copiers
are located in research rooms. Other copiers we set aside for use by
reservation are located in designated research areas. Procedures for
use are outlined in Sec. Sec. 1254.80 through 1254.84 of this subpart.
(c) You may use NARA self-service copiers where available after the
research room attendant reviews the documents to determine their
suitability for copying. The appropriate supervisor or the senior
archivist on duty in the research room reviews the determination of
suitability if you request.
(d) We may impose time limits on using self-service copiers if
others are waiting to use them.
(e) In some of our facilities, you may use your own scanner or
personal paper-to-paper copier to copy textual materials if the
equipment meets our standards cited in Sec. Sec. 1254.80 and 1254.86.
Contact the appropriate facility for additional details before you
visit.
(f) You must follow our document handling instructions in
Sec. Sec. 1254.36 and
[[Page 39319]]
1254.72. You also must follow our microfilm handling instructions in
Sec. 1254.42.
(g) You may use a hand-held camera with no flash or a cell phone
camera to take pictures of documents only if you have the permission of
the research room attendant.
(h) You may not use a self-service copier or personal scanner to
copy some special media records. If you wish to copy motion pictures,
maps and architectural drawings, or aerial photographic film, the
appropriate staff can advise you on how to order copies. If you wish to
obtain copies of electronic records files, the appropriate staff will
assist you.
Sec. 1254.72 What procedures do I follow to copy documents?
(a) You must use paper tabs to designate individual documents you
wish to copy. You must show the container including the tabbed
documents to the research room attendant who determines whether they
can be copied on the self-service copier. The manager of the staff
administering the research room reviews the determination of
suitability if you ask. After copying is completed, you must return
documents removed from files for copying to their original position in
the file container, you must refasten any fasteners removed to
facilitate copying, and you must remove any tabs placed on the
documents to identify items to be copied.
(b) If you are using a reserved copier, you must submit the
containers of documents to the attendant for review before your
appointment. The review time required is specified in each research
room. Research room attendants may inspect documents after copying.
(c) You may copy from only one box and one folder at a time. After
copying the documents, you must show the original documents and the
copies to a research room attendant.
Sec. 1254.74 What documents are unsuitable for copying on a self-
service or personal copier or scanner?
(a) Bound archival volumes (except when specialized copiers are
provided).
(b) Documents fastened together by staples, clips, acco fasteners,
rivets, or similar fasteners, where folding or bending documents may
cause damage.
(c) Documents larger than the glass copy plate of the copier.
(d) Documents with uncancelled security classification markings.
(e) Documents with legal restrictions on copying.
(f) Documents that the research room attendant judges to be in poor
physical condition or which may be subject to possible damage if
copied.
Sec. 1254.76 What procedures do I follow to copy formerly national
security-classified documents?
(a) We must properly cancel security classification markings
(Confidential, Secret, Top Secret) and other restricted markings on
declassified records before documents are copied. Only a NARA staff
member can cancel security markings. Properly declassified documents
bear the declassification authority as required by 32 CFR 2001.24.
(b) You may not remove from the research room copies of documents
bearing uncancelled classification markings. We confiscate copies of
documents with uncancelled markings.
(c) When you copy individual documents, the research room staff
cancels the classification markings on each page of the copy and places
the declassification authority on the first page of each document. If
you copy only selected pages from a document, you must make a copy of
the first page bearing the declassification authority and attach that
page to any subsequent page(s) you copy from the document. You must
show this declassification authority to the guard or research room
attendant when you remove copies of documents from the research room or
the building.
(d) Before you copy formerly-classified materials, we provide you
with a declassification strip, which you attach to the copier. The
strip reproduces on each page copied and cancels the security markings.
We may also provide a declassification strip to attach to your personal
copier or scanner.
(e) Staff at Presidential libraries cancel security markings before
documents are provided to researchers in research rooms.
Rules Relating to Using Copying Equipment
Sec. 1254.80 Does NARA allow me to use scanners or other personal
copying equipment?
(a) Subject to Sec. Sec. 1254.26(d) and 1254.86, you may use
scanners and other copying equipment if the equipment meets certain
conditions or minimum standards described in paragraphs (b) through (g)
of this section. Exceptions are noted in paragraph (h). The supervisor
administering the research room or the senior staff member on duty in
the research room reviews the research room attendant's determination
if you request.
(b) Equipment platens or copy boards must be the same size or
larger than the records. No part of a record may overhang the platen or
copy board.
(c) No part of the equipment may come in contact with records in a
manner that causes friction, abrasion, or that otherwise crushes or
damages records.
(d) We prohibit drum scanners.
(e) We prohibit automatic feeder devices on flatbed scanners. When
using a slide scanner, we must check slides after scanning to ensure
that no damage occurs while the slide is inside the scanner.
(f) Light sources must not raise the surface temperature of the
record you copy. You must filter light sources that generate
ultraviolet light.
(g) All equipment surfaces must be clean and dry before you use
records. You may not clean or maintain equipment, such as replacing
toner cartridges, when records are present. We do not permit aerosols
or ammonia-containing cleaning solutions. We permit a 50 percent water
and 50 percent isopropyl alcohol solution for cleaning.
(h) If you wish to use a scanner or other personal copier in a
regional archives or Presidential library, contact the facility first
for approval. Not all facilities permit the use of scanners or personal
copying equipment because of space, electrical load concerns, and other
reasons. Your request must state the space and power consumption
requirements and the intended period of use.
(i) In facilities that provide a self-service copier or permit the
use of personal paper-to-paper copiers or scanners, you must show
documents you wish to copy to the research room attendant for approval.
(j) If you have any question about what is permissible at any given
facility, consult with the facility before your visit. Contact
information for our facilities is found in part 1253 of this chapter
and at the NARA Web site, http://www.archives.gov.
Sec. 1254.82 What limitations apply to my use of self-service card-
operated copiers?
(a) There is a 5-minute time limit on copiers in research rooms
when others are waiting to use the copier. If you use a microfilm
reader-printer, we may limit you to three copies when others are
waiting to use the machine. If you wish to copy large quantities of
documents, you should see a staff member in the research room to
reserve a copier for an extended time period.
(b) If we must cancel an appointment due to copier failure, we make
every
[[Page 39320]]
effort to schedule a new mutually agreed-upon time. However, we do not
displace researchers whose appointments are not affected by the copier
failure.
Sec. 1254.84 How may I use a debit card for copiers in the
Washington, DC, area?
You may use cash to purchase a debit card from a vending machine
during the hours that research rooms are open as cited in part 1253 of
this chapter. In addition, you may buy debit cards with cash, check,
money order, credit card, or funds from an active deposit account from
the Cashier's Offices located in the National Archives Building and in
the researcher lobby of the National Archives at College Park, during
posted hours. Inserting a debit card into the copier enables you to
make copies, for the appropriate fee, up to the value on the debit
card. You may add value to the debit card by using the available
vending machines in our research rooms. We cannot make refunds. The fee
for self-service copiers is found in Sec. 1258.12 of this chapter.
Sec. 1254.86 May I use a personal paper-to-paper copier at the
National Archives at College Park?
(a) At the National Archives at College Park facility NARA approves
a limited number of researchers to bring in and use personal paper-to-
paper copying equipment in the Textual Research Room (Room 2000).
Requests must be made in writing to the chief of the Research Support
Branch (NWCC2), National Archives and Records Administration, 8601
Adelphi Rd., College Park, MD 20740-6001. Requests must identify the
records you wish to copy, the expected duration of the project, and the
make and model of the equipment.
(b) We evaluate requests using the following criteria:
(1) A minimum of 3,000 pages must be copied;
(2) The project is expected to take at least 4 weeks, with the
copier in use a minimum of 6 hours per day or 30 hours per week;
(3) The copying equipment must meet our standards for preservation
(see Sec. Sec. 1254.26(d) and 1254.80); and
(4) Space is available for the personal copying project. NARA
allows no more than 3 personal copying projects in the research room at
one time, with Federal agencies given priority over other users.
(c) You must coordinate with research room management and oversee
the installation and removal of copying equipment. You are responsible
for the cost and supervision of all service calls and repairs. You must
remove copying equipment and supplies within two business days after
the personal copying project is completed.
(d) NARA is not responsible for any personal equipment or
consumable supplies.
(e) You must be trained by NARA staff on the proper methods for
handling and copying archival documents.
(f) You must abide by all regulations on copying stated in this
subpart.
(g) We reserve the right to discontinue the privilege of using a
personal copier at any time without notice. We discontinue your
privilege if you violate one of the conditions in this subpart, we need
to provide space for a Federal agency, or we lack staff to supervise
the area.
Sec. 1254.88 What are the rules for the Motion Picture, Sound, and
Video Research Room at the National Archives at College Park?
(a) We provide use of NARA viewing and listening equipment in the
research room on a first-come-first-served basis. When others are
waiting to use the equipment, we may impose a 3-hour limit on your use.
(b) You may use the NARA-furnished recorder or your personal
recording device and media to make a copy of unrestricted archival
materials in the research room.
(c) We provide you with a copy of the Motion Picture, Sound, and
Video Research Room rules and a warning notice on potential copyright
claims in unrestricted titles. You are responsible for obtaining any
needed permission or release from a copyright owner for other than
personal use of the copy.
(d) The research room attendant may inspect and tag your personal
recording equipment before admitting you into the unrestricted viewing
and copying area in the research room. You must place all equipment and
accessory devices on the carts we provide, except that you may place a
tripod holding a video camera on the floor in front of a film-viewing
station. We are not responsible for damage to or loss of personal
equipment and accessories.
(e) You must remain in the research room at your audio or film
viewing station at all times while your personal equipment is in use.
You must remove your personal equipment from the research room when you
leave the room for the day. We cannot be responsible for any damage to
or loss of your equipment.
(f) We are not responsible for assisting with ``hook-up'' to NARA
viewing equipment, for providing compatibility between the personal
recording equipment and NARA viewing equipment, or for the quality of
the copies you make. We provide you information on the types of NARA
equipment that we have in the research room and on the cables necessary
for hook-up to our viewing equipment.
(g) When you bring audio or video recording tapes or cassettes into
the unrestricted area of the research room, the research room attendant
marks the recording media ``NARA-approved personal property'' for
identification purposes. We inspect this media before you leave the
research room and when you leave the research complex at the National
Archives at College Park.
(h) You may reserve a NARA-furnished video copying station and 120-
minute blank video cassette, for a fee, on a first-come-first-served
basis for 90 minutes. If no one else is waiting to use the station, you
may reserve an additional 90 minutes. You may not connect personal
recording devices to NARA equipment at the video copying station. You
may use only NARA-provided tapes at the video copying station. Fees for
use of the station and blank cassette are specified in Sec. 1258.12 of
this chapter.
(i) You may not take any personal recording device or media in the
restricted viewing area in the research room.
Subpart D--Microfilming Archival Materials
Sec. 1254.90 What is the scope of this subpart?
(a) This subpart establishes rules and procedures for the use of
privately owned microfilm equipment to film accessioned archival
records and donated historical materials in NARA's legal and physical
custody by:
(1) Foreign, Federal, state, and local government agencies;
(2) Private commercial firms;
(3) Academic research groups; or
(4) Other entities or individuals that request exemption from
obtaining copies through the regular fee schedule reproduction ordering
system of NARA.
(b) If you wish to microfilm Federal agency records in the physical
custody of the Washington National Records Center (WNRC), contact the
director, WNRC, about procedures for obtaining permission from the
originating agency to film those records (see Sec. 1253.4). For
information about procedures for obtaining permission from the
originating agency to film records in the records center operation of
one of NARA's regional records facilities or in the physical custody of
the National Personnel Records Center (NPRC), contact the Regional
Administrator of the region in which the records are
[[Page 39321]]
located (see Sec. 1253.6), or the director, NPRC, for records in NPRC
(see Sec. 1253.5).
(c) Federal agencies that need to microfilm archival records in
support of the agency's mission must contact the appropriate office as
specified in Sec. 1254.92(a) as soon as possible after the need is
identified for information concerning standards and procedures that
apply to their microfilming of archival records.
Sec. 1254.92 How do I submit a request to microfilm records and
donated historical materials?
(a) You must submit your request to microfilm materials to the
appropriate office.
(1) Submit your written request to microfilm archival records or
donated historical materials (except donated historical materials under
the control of the Office of Presidential Libraries) in the Washington,
DC, area to the Assistant Archivist for Records Services--Washington,
DC (NW), 8601 Adelphi Rd., College Park, MD 20740-6001.
(2) Submit your written request to microfilm archival records or
donated historical materials in a NARA regional archives to the
Assistant Archivist for Regional Records Services (NR), 8601 Adelphi
Rd., College Park, MD 20740-6001.
(3) Submit your written request to microfilm records or donated
historical materials in a Presidential library or donated historical
materials in the Washington area under the control of the Office of
Presidential Libraries to the Assistant Archivist for Presidential
Libraries (NL), 8601 Adelphi Rd., College Park, MD 20740-6001.
(4) OMB control number 3095-0017 has been assigned to the
information collection contained in this section.
(b) You must submit your request to use privately owned microfilm
equipment four months in advance of the proposed starting date of the
microfilming project. If you submit your request with less advance
notice, we consider it and may approve it if we have available adequate
NARA space and staff and if you can complete all training, records
preparation, and other NARA requirements in a shorter time frame.
(1) You may include in your request only one project to microfilm a
complete body of documents, such as an entire series, a major
continuous segment of a very large series which is reasonably
divisible, or a limited number of separate series related by provenance
or subject.
(2) We do not accept additional requests from an individual or
organization to microfilm records in a NARA facility while we evaluate
an earlier request from that individual or organization to microfilm
records at that facility.
(3) We establish the number of camera spaces available to a single
project based upon the total number of projects approved for filming at
that time.
Sec. 1254.94 What must my request include?
(a) A description of the documents you wish to copy that includes
the following elements:
(1) Record group number or agency of origin or, for donated
historical materials, title of the collection;
(2) Title of series or file segment;
(3) Date span; and
(4) Estimated volume in number of pages or cubic feet.
(b) The estimated amount of time (work-days) that the microfilm
copying project will take; the date that you would like to begin the
project; and the number of persons who would require training (see
Sec. 1254.108(b)).
(c) The number and a description of the equipment that you will use
for copying including:
(1) The name of the manufacturer and model number; and
(2) The type of light source to be employed (fluorescent, tungsten,
or electronic flash) and if electronic flash (i.e., strobe) or
fluorescent, whether the light source is filtered to omit ultraviolet
radiation.
(d) A statement of the procedures that you will follow to ensure
that you copy all pages, that the images on the microfilm are legible,
and that the microfilm is properly processed. At a minimum, the
procedures should meet the requirements specified in part 1230 of this
chapter regarding the microfilming of permanent records.
Sec. 1254.96 What credits must I give NARA?
(a) You must agree to credit NARA as having custody of the original
documents. The credit must appear at the beginning of a microfilm
publication and in any publicity material or descriptions of the
publication.
(b) If the original documents are Federal records, you must agree
to include on the film this statement: ``The documents reproduced in
this publication are among the records of the (name of agency) in the
custody of the National Archives of the United States. (Name of
microfilm publication producer) does not claim any copyright interest
in these official U.S. Government records.''
(c) If the original documents are donated historical materials, you
must agree to include on the film this statement: ``The documents
reproduced in this publication are donated historical materials from
(name of donor) in the custody of the (name of Presidential library or
National Archives of the United States). The National Archives and
Records Administration administers them in accordance with the
requirements of the donor's deed of gift and the U.S. Copyright Law,
Title 17, U.S.C. (Name of microfilm publication producer) does not
claim any copyright interest in these donated historical materials.''
(d) If the original documents are Presidential or Vice-Presidential
records as specified in 44 U.S.C. 2201, you must agree to include on
the film this statement: ``The documents reproduced in this publication
are Presidential records in the custody of the (name of Presidential
library or National Archives of the United States). The National
Archives and Records Administration administers them in accordance with
the requirements of Title 44, U.S.C. (Name of microfilm publication
producer) does not claim any copyright interest in these official
Presidential records.''
(e) If the original documents are records of Congress, you must
agree to include on the film this statement: ``The documents reproduced
in this publication are among the records of the (House of
Representatives/Senate) in the physical custody of the National
Archives and Records Administration (NARA). NARA administers them in
accordance with the requirements of the (House/Senate). (Name of
microfilm publication producer) does not claim any copyright interest
in these official congressional records.''
Sec. 1254.98 May NARA make subsequent use of my publication?
You must give NARA a royalty-free worldwide license, to take effect
seven years after you complete filming at the NARA facility, to
publish, display, reproduce, distribute, and sell the publication, and
to create derivative works based on the publication, and to use the
publication in collective works, all without limitation. The license
required by this section must be written to take effect upon
publication if there is no commercial distributor, or once commercial
distribution ends if less than seven years from the date you complete
filming at the NARA facility.
Sec. 1254.100 How does NARA evaluate requests?
(a) NARA evaluates requests by estimating how well completion of a
proposed project would further our
[[Page 39322]]
efforts to preserve and to make available to the public the
historically valuable records of the Government.
(b) In considering multiple requests to film at the same time, we
give priority to microfilming records that have research value for a
variety of studies or that contain basic information for fields of
research in which researchers have demonstrated substantial interest.
(c) The records to be filmed should be reasonably complete and not
subject to future additions, especially of appreciable volumes, within
the original body of records. Records with pending or future end-of-
series additions are appropriate for filming.
(d) The records to be filmed should not have substantial numbers of
documents withdrawn because of continuing national security
classification, privacy, or other restrictions.
(e) We approve only requests to microfilm a complete body of
documents, such as an entire series or a major continuous segment of a
very large series that is reasonably divisible. Microfilming a complete
body of documents means that you must consecutively copy all documents
within the file unit(s), from the first to the last page, not skipping
any pages in between except for pages that are exact duplicates or
blank pages that are not included in a pagination scheme.
(f) We normally approve only requests that include assurances that
the project will adhere to the specifications in part 1230 of this
chapter concerning microfilm stock standards, index placement, and
microfilm processing for permanent records.
(g) We approve only requests that specify that NARA will receive a
first generation silver halide duplicate negative containing no splices
made from the original camera negative of the microform record created
in accordance with part 1230 of this chapter.
(1) We may use this duplicate negative microform to make duplicate
preservation and reference copies. The copies may be made available for
NARA and public use in NARA facilities and programs immediately upon
receipt.
(2) We may also make additional use of the microform, as indicated
in Sec. 1254.98, seven years after you complete filming at the NARA
facility, or upon delivery of the publication if there is no commercial
distributor, or when the commercial distributor is no longer available,
whichever occurs first. We may choose to add our own editorial material
to the microform copies.
(3) You must deliver detailed roll lists with the microfilm. The
lists must give the full range of file titles and a complete list of
all file numbers on each roll of microfilm. We prefer that the list be
provided in a fielded, electronic format to facilitate its use by staff
and researchers. If the electronic format is a data file with defined
or delimited fields, you should transfer with the file the records
layout identifying the fields, any coded values for fields, and
explanations of any delimiters.
(4) Microfilm projects may donate to us additional indexes and
finding aids. NARA and the microfilm project execute a deed of gift
that specifies restrictions on NARA's use and dissemination of these
products under mutually acceptable terms.
Sec. 1254.102 What requests does NARA not approve?
(a) We do not approve any request that does not include all of the
information we require in Sec. Sec. 1254.94 and 1254.96.
(b) We do not normally approve requests to microfilm documents
that:
(1) Have previously been microfilmed and made available to the
public;
(2) We have approved for microfilming by another party; or
(3) We plan to film as a NARA microfilm publication or which relate
closely to other documents previously microfilmed or approved for
microfilming by NARA. We may grant exceptions to this provision at our
discretion.
(c) We normally do not approve requests to microfilm documents:
(1) Having restrictions on access that preclude their reproduction;
(2) Known to be protected by copyright;
(3) Having high intrinsic value that only authorized NARA personnel
may handle;
(4) In vulnerable physical condition;
(5) Having a high research demand and which we would have to deny
to others for an extended period of time during the microfilming
process. Where possible, we assist you in developing filming schedules
that avoid the need to close documents for a lengthy period of time;
and
(6) In formats, such as oversize documents, bound volumes, and
others, that would be subject to excessive stress and possible damage
from special equipment you plan to use, as well as documents fastened
with grommets, heavy duty staples, miscellaneous fasteners, or wafers
and other adhesives that cannot be removed without tearing or breaking
documents.
(d) We normally do not approve requests from persons or
organizations that failed to produce usable microfilm or to honor
commitments they made in previous requests, or for whom we have had to
rescind previous permission to microfilm documents because of their
conduct.
(e) We do not approve requests to microfilm records in NARA
facilities in which there is insufficient space available for private
microfilming. We do not permit private microfilming in our records
storage (stack) areas.
(1) Federal agencies microfilming records in support of the
agency's mission may use the space set aside for private microfilming.
Agency microfilming takes priority over private microfilming when there
is insufficient space to accommodate both at the same time.
(2) When a NARA facility does not have enough space to accommodate
all requests, we may schedule separate projects by limiting the time
allowed for each particular project or by requiring projects to
alternate their use of the space.
(3) We also do not approve requests where the only space available
for filming is in the facility's research room, and such work would
disturb researchers. We do not move records from a facility lacking
space for private microfilming to another NARA facility for that
purpose.
(f) We do not approve requests to microfilm records when there is
not enough staff to provide the necessary support services, including
document preparation, training of private microfilmers, and monitoring
the filming.
(g) We do not approve the start of a project to microfilm records
until you have agreed in writing to the amount and schedule of fees for
any training, microfilm preparation, and monitoring we must conduct
that is necessary to support your project. Our letter of tentative
approval for the project includes an agreement detailing the records in
the project and the detailed schedule of fees for NARA services for the
project. We give final approval when we receive your signed copy of the
agreement.
Sec. 1254.104 How does NARA determine fees to prepare documents for
microfilming?
(a) As part of our evaluation of a request to microfilm documents,
we determine the amount of microfilm preparation that we must do before
you can microfilm the documents and the estimated cost of such
preparation. We base fees for microfilm preparation on direct salary
costs (including benefits) and supply costs when we perform the work.
When a NARA contractor performs the work, the fees are the cost
[[Page 39323]]
to NARA. Microfilm preparation includes:
(1) Removing document fasteners from documents when the fasteners
can be removed without damage to the documents; and
(2) Taking any document conservation actions that must be
accomplished in order to film the documents, such as document
flattening or mending.
(b) We provide you detailed information on the fees for microfilm
preparation in the letter of approval. You must pay fees in accordance
with Sec. 1258.14 of this chapter. When a body of documents requires
extensive microfilm preparation, we may establish a different payment
schedule at our discretion.
Sec. 1254.106 What are NARA's equipment standards?
(a) Because we have limited space in many NARA facilities,
microfilm/fiche equipment should be operable from a table top unless we
have given written permission to use free standing/floor model cameras.
You may only use planetary type camera equipment. You may not use
automatic rotary cameras and other equipment with automatic feed
devices. We may approve your use of book cradles or other specialized
equipment designed for use with bound volumes, oversized documents, or
other formats, as well as other camera types not specified here, on a
case-by-case basis.
(b) The power consumption of the equipment normally must not exceed
1.2 kilowatts. Power normally available is 115 volts, 60 hz. You must
make requests for electricity exceeding that normally available at
least 90 days in advance.
(c) You may not use equipment having clamps or other devices to
exert pressure upon or to attach the document to any surface in a way
that might damage the document.
(d) The equipment must not use a heat generating light source in
close enough proximity to the documents to result in their physical
distortion or degradation. All sources of ultraviolet light must be
filtered.
Sec. 1254.108 What are NARA's requirements for the microfilming
process?
(a) Your equipment must conform to the equipment standards in Sec.
1254.106.
(b) You must handle documents according to the training and
instructions provided by our staff so that documents are not damaged
during copying and so that their original order is maintained. Only
persons who have attended NARA training will be permitted to handle the
documents or supervise microfilming operations. We charge you fees for
training services and these fees will be based on direct salary costs
(including benefits) and any related supply costs. We specify these
fees in the written agreement we require for project approval in Sec.
1254.102(h).
(c) You may microfilm documents from only one file unit at a time.
After you complete microfilming, you must return documents you removed
from files for microfilming to their original position in the file
container, refasten any fasteners you removed to facilitate copying,
and remove any tabs you placed on the documents to identify items to
copy. We will provide fasteners for replacement as necessary.
(d) You may not leave documents unattended on the copying equipment
or elsewhere.
(e) Under normal microfilming conditions, actual copying time per
sheet must not exceed 30 seconds.
(f) You must turn off any lights used with the camera when the
camera is not in actual operation.
(g) You may operate microfilm equipment only in the presence of the
research room attendant or a designated NARA employee. If NARA places
microfilm projects in a common research area with other researchers,
the project will not be required to pay for monitoring that is
ordinarily provided. If the microfilm project is performed in a
research room set aside for copying and filming, we charge the project
fees for these monitoring services and these fees will be based on
direct salary costs (including benefits). When more than one project
share the same space, monitoring costs will be divided equally among
the projects. We specify the monitoring service fees in the written
agreement required for project approval in Sec. 1254.102(h).
(h) The equipment normally should be in use each working day that
it is in a NARA facility. The director of the NARA facility (as defined
in Sec. 1252.2 of this chapter) decides when you must remove equipment
because of lack of regular use. You must promptly remove equipment upon
request of the facility director.
(i) We assume no responsibility for loss or damage to microfilm
equipment or supplies you leave unattended.
(j) We inspect the microform output at scheduled intervals during
the project to verify that the processed film meets the microfilm
preparation and filming standards required by part 1230 of this
chapter. To enable us to properly inspect the film, we must receive the
film within 5 days after it has been processed. You must provide NARA
with a silver halide duplicate negative of the filmed records (see
Sec. 1254.100(g)) according to the schedule shown in paragraph (k). If
the processed film does not meet the standards, we may require that you
refilm the records.
(k) When you film 10,000 or fewer images, you must provide NARA
with a silver halide duplicate negative upon completion of the project.
When the project involves more than 10,000 images, you must provide a
silver halide duplicate negative of the first completed roll or segment
of the project reproducing this image count to NARA for evaluation. You
also must provide subsequent completed segments of the project, in
quantities approximating 100,000 or fewer images, to NARA within 30
days after filming unless we approve other arrangements.
(l) If the microfilming process is causing visible damage to the
documents, such as flaking, ripping, separation, fading, or other
damage, filming must stop immediately and until the problems can be
addressed.
Sec. 1254.110 Does NARA ever rescind permission to microfilm?
We may, at any time, rescind permission to microfilm records if:
(a) You fail to comply with the microfilming procedures in Sec.
1254.108;
(b) Inspection of the processed microfilm reveals persistent
problems with the quality of the filming or processing;
(c) You fail to proceed with the microfilming or project as
indicated in the request, or
(d) The microfilming project has an unanticipated adverse effect on
the condition of the documents or the space set aside in the NARA
facility for microfilming.
(e) You fail to pay NARA fees in the agreed to amount or on the
agreed to payment schedule.
0
2. Revise part 1284 to read as follows:
PART 1284--EXHIBITS
Sec.
1284.1 Scope of part.
1284.20 Does NARA exhibit privately-owned material?
1284.30 Does NARA lend documents to other institutions for exhibit
purposes?
Authority: 44 U.S.C. 2104(a), 2109.
Sec. 1284.1 Scope of part.
This part sets forth policies and procedures concerning the
exhibition of materials.
Sec. 1284.20 Does NARA exhibit privately-owned material?
(a) NARA does not normally accept for display documents, paintings,
or other objects belonging to private
[[Page 39324]]
individuals or organizations except as part of a NARA-produced exhibit.
(b) NARA may accept for temporary special exhibit at the National
Archives Building privately-owned documents or other objects under the
following conditions:
(1) The material to be displayed relates to the institutional
history of the National Archives and Records Administration or its
predecessor organizations, the National Archives Establishment and the
National Archives and Records Service;
(2) Exhibition space is available in the building that NARA judges
to be appropriate in terms of security, light level, climate control,
and available exhibition cases or other necessary fixtures; and
(3) NARA has resources (such as exhibit and security staff)
available to produce the special exhibit.
(c) The Director of Museum Programs (NWE), in conjunction with the
NARA General Counsel when appropriate, reviews all offers to display
privately-owned material in the Washington, DC, area, and negotiates
the terms of exhibition for offers that NARA can accept. Directors of
Presidential libraries perform these tasks for their respective
libraries. The lender must provide in writing evidence of title to and
authenticity of the item(s) to be displayed before NARA makes a loan
agreement.
(d) The Director of Museum Programs or director of the pertinent
Presidential library will inform the offering private individual or
organization of NARA's decision in writing within 60 days.
Sec. 1284.30 Does NARA lend documents to other institutions for
exhibit purposes?
Yes, NARA considers lending documents that are in appropriate
condition for exhibition and travel. Prospective exhibitors must comply
with NARA's requirements for security, fire protection, environmental
controls, packing and shipping, exhibit methods, and insurance. For
additional information, contact Registrar, Museum Programs (NWE),
National Archives and Records Administration, 8601 Adelphi Road,
College Park, MD 20740-6001.
Dated: June 24, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-14753 Filed 6-29-04; 8:45 am]
BILLING CODE 7515-01-P