[104-10333-10011.pdf — page 61]
# 33348 Federal Register / Vol. 60, No. 124 / Wednesday, June 28, 1995 / Rules and Regulationsthat the context and integrity of the records be preserved. Only in rare instances will the Review Board assent to withholding particular information within an assassination record on the ground that such information le not rolevant to the assassination. Section 1400.5 has been modified to clarify that, although the Review Board nmay allow this practice in extraordinary Circonstancos, this determination is within the sole direction of the Review Board.Comment: The discussion of originals and copies in § 1400.6 is, in various respects, unclear and confusing.Response: The Review Board made extensive changes to this section to address these concerns and to achieve greater internal consistency. The Review Board's intent in this section is to express its strong preference for including original records in the JFK Assassination Records Collection, but also its understanding that, for a vorioty of reasons, there may be situations where a copy instead of the original of an assassination record may be more appropriate for inclusion in the Collection.Comment: Section 1400.6 should be clarified as to whether "record copies" of Fodoral agency may be included in the JFK Assassination Records Collection.Response: The Review Board has modified § 1400.6(a)(1) to clarify that the Review Board may determine that rucord copies may be included in the Collection.Comment: The Catalog of Assassination Records (COAR) described in § 1400 8 should consist of, or be replaced by, the database and finding aids prepared by the Federal agencies in possession of assassination records.Response This and other comments received regarding the proposed $1400.8 indicated sonie confusion as to the intent and operation of the mechanisin established in this section For this reason, the Review Board decided to replace the term "Catalog ol Assassination Records" with the terin "Notice of Assassination Record Determination" (NARD), and to redraft this section to clarify the Roviow Board's intent to use the NARD mechanism sınıply to document the Review Board's ongoing determinations that, in addition to records explicitly enumerated in the JFK Act as assassination records (eg. records reviewed by the ISCA) or identified by Federal agencies in their own searches, Cortain other records also are assassination records to be included in the JFK Assassination Records Collection.## Section by Section Analysis### Scope of Assossimation RecordAs discussed above with regard to the public comments, subparagraph (a) of § 1400.1 has boon modified to adopt a "reasonably rolated" standard and the term "Catalog of Assassination Records" has been replaced with "Notice of Assassination Record Determination" in subparagraph (b)(3) The final interpretive regulations also incorporate suggested technical changes, including edits for clarification and revision of this section's title to make it more precise.### Scope of Additional Records and InformationThe title of § 1400.2 was revised to conform to the new title of § 1400.1. Additional editing changos were made for clarity A new subpart (G) was added to subparagraph (e) and a new subparagraph (1) was added after consideration of contients that noted the potential exclusion of certain Categories from the scope of this section in the proposed interpretive regulations. The Review Board has added language in the final interpretive regulations to clarify that the purpose of this section is to aid in identifying, evaluating or Interpreting assassination records, including assassination records that may not initially have been identified by an agency. The Review Board also has added language to suggest that it intends to implement this section hrough written requests signed by the Review Board's Executive Director.### Sources of Assassination Records and Additional Records and InformationA new subparagraph (g) was added to § 1400.3 after consideration of cominents noting the potential exclusion of records created by mdividuals or corporations or obtained from sources other than those already identified in the previous subparagraphswith the intent and purposes of the JFK Act.### Originals and CopiesExtensive changes were made to $1400.6 for reasons of clarity and internal consistency. The Review Board also incorporated in the final interpretive regulations language clarifying that "record copies" of Federal agency records may be included in the JFK Assassination Records Collection and addressing the important issue of preservation requirements. In this respect, the Review Board sought to treat records in various media in a means appropriate to the unique characteristics of each medium.### Additional GuidanceIn the light of comments received, the Review Board extensively revised $1400.7. Suhparagraph (d), as it appeared in the proposed interpretive regulations, has been broken into three subparagraphs new subparagraphs (d). (e), and (f) to avoid potential confusion and to add clanty. The intent of these subparagraphs is to make clear that all files on an individual, event, organization or activity are to be made available to the Review Board regardless of the labels on the files, where the records may be found, or whether they reflect the true name or identifier of the individual, event organization, or activity.Subparagraphs (b) and (c) § 1400.7 were included in the proposed interpretive regulations and retained in the final interpretive rogulations in order to address concerns expressed by NARA regarding the inclusion of artifacts in the scope of the material deemed "assassination records." By including these subparagraphs, the Review Board wishes to make it clear that it believes the JFK Act establishes unique standards as to the records to be included in the JFK Assassination Records Collection. By including artifacts as a type of "assassination record," the Review Board seeks to fulfill its mandate froita Congress to assemble all materials reasonably related to the assassination in the JFK Assassination Records Collection. It is not intended that the inclusion here of artifacts for purposes of implementing the JFK Act should be construed to affect the implementation of other records laws. Subparagraph (c) is intended to ensure that all artifacts ar the collection are preserved for posterity and that public access be provided to those artifacts in a manner consistent with their preservation. The Review Board encourages NARA to set out in writing the tertus and conditions under### Types of Materials Included in Scope of Assassination Record and Additional Records and InformationNo substantive change has been made to § 1400.4 as it appeared in the proposed interpretive regulations### Requirement That Assassination Hecords be Released in Their EntiretyLanguage has been added to § 1400.5 to permit the Review Iscard, in its sole discretion, to allow release of only part of an assassination record where such partial release is sufficient to comply