10414 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 

* * * * * 

Approved: February 22, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

Dated: February 24, 2010. 

A.M. Vallandingam, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–4666 Filed 3–5–10; 8:45 am] 

BILLING CODE 3810–FF–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1254 

[FDMS Docket NARA–09–004] 

RIN 3095–AB59 

Researcher Identification Card 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Final rule. 

SUMMARY: NARA is amending its 

regulations to require researchers using 

original records, NARA microfilm, and 

public use computers at the National 

Archives Building in Washington, DC, 

to obtain a researcher identification 

card. Under the new requirements, 

researchers at regional archives are also 

required to obtain a researcher 

identification card when there is no 

separate research room for the use of 

microfilm and public access computers. 

DATES: This rule is effective April 7, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Redman at telephone number 

301–837–3174 or fax number 301–837– 

0319. 

SUPPLEMENTARY INFORMATION: On 

September 25, 2009, NARA published a 

proposed rule in the Federal Register 

(74 FR 48892) for a 60-day public 

comment period. The proposed rule 

required researchers using original 

records, NARA microfilm, and public 

use computers at the National Archives 

Building in Washington, DC, to obtain a 

researcher identification card. 

Researchers at regional archives are also 

required to obtain a researcher 

identification card when there is no 

separate research room for the use of 

microfilm and public access computers. 

The proposed rule also updated our 

regulations to reflect changes in 

available technology and research room 

practices, such as abolishing the threehour time limit for using microfilm 

readers. Six comments were received. 

Of these, three basically supported the 

changes. One commenter wrote that the 

ID should include a requirement for an 

approved form of Federal identification 

before issuing the research card. 

Currently, States are converting their 

driver’s licenses to a single federallyapproved system. Our preferred form of 

identification is either a driver’s license 

or a passport for our foreign researchers. 

We record these numbers as part of the 

registration process. In some cases, 

researchers do not have either type of 

identification and present a school ID or 

some other proof of address. In these 

situations, it is not feasible to require a 

federally-approved ID and we do not 

have the right to limit one’s access to 

Federal records based on the absence of 

a Federally-approved ID. Of the other 

comments, one suggested that we accept 

the Library of Congress (LOC) researcher 

identification card. We rejected this 

comment because the Library of 

Congress and NARA are not connected 

administratively in any way. The 

Library of Congress is in the Legislative 

Branch and NARA is in the Executive 

Branch. Federal regulations apply to 

Executive Agencies only. Further, the 

NARA identification card is tied to a 

unique building security system shared 

by the National Archives Building in 

Washington, DC, and the National 

Archives at College Park. Another 

comment objected to having to carry 

another card and questioned how a card 

could make NARA more secure than 

using another common form of 

identification. Again, the application of 

the identification card is how we 

determine who is eligible to conduct 

research in our facility. The other forms 

of identification are required as proof of 

address to permit researcher access. The 

information must be standardized for 

both security purposes and for 

efficiently capturing administrative 

information on the characteristics of our 

users. Other forms of identification are 

not compatible with the computer 

system used for the registration process. 

This commenter also suggested that 

NARA record information from 

identification provided by the 

researcher upon each visit and that 

NARA also capture additional 

administrative information about each 

visit at that point. We rejected this 

comment because our current process is 

an OMB-approved information 

collection structured to minimize the 

paperwork burden on the public as 

required by the Paperwork Reduction 

Act. Another comment requested that 

any denials of access be appealable to 

the Archivist of the United States. 

Federal regulation 36 CFR 1254.50 

already makes the Archivist of the 

United States the final determiner of 

research access when it has been denied 

at lower levels in the agency. Two 

commenters expressed doubt that the 

rule would improve security at the 

National Archives Building. The 

researcher identification cards are just 

one of several means employed by 

NARA that provide both physical and 

personal security. Because the cards are 

renewed annually, they provide the 

most reliable contact information 

available. Such information has proved 

useful in investigations conducted by 

the NARA Inspector General. 

What changes are we making in this 

rule? 

We are making substantive changes by 

amending the following sections: 

• § 1254.6(b): We are adding the 

requirement for researchers using the 

National Archives Building, even those 

only using microfilm publications or 

public use computers, to apply for and 

obtain a researcher identification card. 

This rule applies to regional archives 

facilities, as well, except where the 

microfilm research area is separate from 

the area where original records are used. 

We made other changes in the text to 

reflect that none of the affected facilities 

has more than one textual research 

room. 

• § 1254.22(a): The term ‘‘bar-coded’’ 

is deleted and replaced with the broader 

term ‘‘encoded.’’ We no longer use barcodes on researcher identification cards 

in the Washington, DC, area. The plastic 

cards we issue now have a magnetic 

strip and future cards may use other 

technology. 

• § 1254.44(a): Because fewer 

researchers are using microfilm and 

there are no waits, the 3-hour limit on 

use and waiting lists are no longer 

needed for the use of microfilm readers. 

We are removing references to the 3- 

hour limit. 

• § 1254.84: Since this section was 

last revised, the researcher 

identification card can be linked to a 

personal account established through 

the National Archives Trust Fund 

Cashier’s Office and function as a debit 

card in Washington, DC, area research 

rooms. The regulation is being clarified 

to describe that capability. In addition, 

we are removing discussion of deposit 

accounts, which are no longer 

maintained by the Trust Fund. 

We also are making non-substantive 

editorial changes in §§ 1254.6(c) and 

1254.10(b). 

Paperwork Reduction Act 

The information collection in this 

regulation was previously approved by 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 10415 

the Office of Management and Budget 

(OMB) under OMB control number 

3095–0016, which expires on September 

30, 2011. 

This rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, I certify that 

this rule will not have a significant 

impact on a substantial number of small 

entities because the regulation affects 

individual researchers. This regulation 

does not have any federalism 

implications. 

List of Subjects in 36 CFR Part 1254 

Archives and records. 

■ For the reasons set forth in the 

preamble, NARA amends part 1254, in 

title 36 of the Code of Federal 

Regulations, as follows: 

PART 1254—USING RECORDS AND 

DONATED HISTORICAL MATERIALS 

■ 1. The authority citation for part 1254 

continues to read as follows: 

Authority: 44 U.S.C. 2101–2118. 

■ 2. Amend § 1254.6 by revising 

paragraphs (b) and (c) to read as follows: 

§ 1254.6 Do I need a researcher 

identification card to use archival materials 

at a NARA facility? 

* * * * * 

(b) You also need a researcher 

identification card if you wish to use 

only microfilm copies of documents at 

NARA’s Washington, DC, area facilities 

and in any NARA facility where the 

microfilm research room is not separate 

from the textual research room. 

(c) If you are using only microfilm 

copies of records in some regional 

archives where the microfilm research 

room is separate from the textual room, 

you do not need an identification card 

but you must register as described in 

§ 1254.22. 

■ 3. Amend § 1254.10 by revising 

paragraph (b) to read as follows: 

§ 1254.10 For how long and where is my 

researcher identification card valid? 

* * * * * 

(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, we issue a plastic 

card to replace the paper card issued at 

some NARA facilities at no charge. The 

plastic card is valid at all NARA 

facilities. 

■ 4. Amend § 1254.22 by revising 

paragraph (a) to read as follows: 

§ 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 an 

encoded researcher identification card. 

We may ask you for additional personal 

identification. 

* * * * * 

■ 5. Amend § 1254.44 by revising 

paragraph (a) to read as follows: 

§ 1254.44 How long may I use a microfilm 

reader? 

(a) Use of the microfilm readers in the 

National Archives Building is on a firstcome-first served basis. 

* * * * * 

■ 8. Revise § 1254.84 to read as follows: 

§ 1254.84 How may I use a debit card for 

copiers in the Washington, DC, area? 

Your research identification card can 

be used as a debit card if you arrange 

with the Cashier’s Office to set up an 

account using cash, check, money order, 

debit card, or credit card. Your 

researcher identification card number as 

encoded on the card forms the basis of 

your account in the debit system. You 

may also purchase generic debit cards of 

values up to $20 each from the Cashier’s 

Office using any of the above payment 

methods. When the Cashier’s Office is 

closed or at any other time during the 

hours research rooms are open as cited 

in part 1253 of this chapter, you may 

use cash or credit card to purchase a 

debit card from the vending machines 

located in the research rooms. Inserting 

the debit card into a card reader 

connected to the copier enables you to 

make copies for the appropriate fee, 

which are found in § 1258.12 of this 

chapter. You can add value to your card 

using the vending machine in the 

research room or at the Cashier’s Office. 

We do not make refunds. 

Dated: March 2, 2010. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2010–4838 Filed 3–5–10; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0609; FRL–9123–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; NSR Reform Regulations— 

Notice of Action Denying Petition for 

Reconsideration and Request for 

Administrative Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; action denying 

petition for reconsideration and request 

for administrative stay. 

SUMMARY: EPA is providing notice that 

it has responded to a petition for 

reconsideration and a request for an 

administrative stay of certain provisions 

of the final rule titled, ‘‘Approval and 

Promulgation of Air Quality 

Implementation Plans; Wisconsin; NSR 

Reform Regulations, Rule AM–06–04’’ 

published December 17, 2008. The final 

rule approved certain revisions to 

Wisconsin’s Prevention of Significant 

Deterioration and Nonattainment New 

Source Review (NSR) construction 

permit programs, which Wisconsin 

submitted on May 25, 2006. The 

Wisconsin Department of Natural 

Resources sought approval of rule AM– 

06–04 to implement the NSR Reform 

provisions that were not vacated by the 

United States Court of Appeals for the 

District of Columbia (DC Circuit) in New 

York v. EPA. On February 17, 2009, EPA 

received a petition for reconsideration 

pursuant to section 307(d)(7)(B) of the 

Clean Air Act (CAA) from the Natural 

Resources Defense Council (NRDC) and 

Sierra Club. The petition also requested 

that EPA stay implementation of certain 

provisions of the final rule pending its 

reconsideration. The EPA considered 

the petition for reconsideration and 

request for an administrative stay, along 

with information contained in the 

rulemaking docket, in reaching a 

decision on both the petition and 

request for a stay. The EPA 

Administrator, Lisa P. Jackson, denied 

both the petition for reconsideration and 

request for stay in letters to the 

petitioners dated January 19, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Painter, Air Quality Policy 

Division, (C 504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–5515; or 

e-mail address: painter.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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