[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10414-10415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4838]


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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.

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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 three-hour 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 federally-approved 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:
    <bullet> Sec.  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.
    <bullet> Sec.  1254.22(a): The term ``bar-coded'' is deleted and 
replaced with the broader term ``encoded.'' We no longer use bar-codes 
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.
    <bullet> Sec.  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.
    <bullet> Sec.  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 Sec. Sec.  
1254.6(c) and 1254.10(b).

Paperwork Reduction Act

    The information collection in this regulation was previously 
approved by

[[Page 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.

0
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

0
1. The authority citation for part 1254 continues to read as follows:

    Authority:  44 U.S.C. 2101-2118.


0
2. Amend Sec.  1254.6 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  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 Sec.  1254.22.

0
3. Amend Sec.  1254.10 by revising paragraph (b) to read as follows:


Sec.  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.

0
4. Amend Sec.  1254.22 by revising paragraph (a) to read as follows:


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 an encoded researcher identification card. We may ask you for 
additional personal identification.
* * * * *

0
5. Amend Sec.  1254.44 by revising paragraph (a) to read as follows:


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.
* * * * *

0
8. Revise Sec.  1254.84 to read as follows:


Sec.  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 
Sec.  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