[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Proposed Rules]
[Pages 24164-24168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10248]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

RIN 3095-AA87


NARA Reproduction Fee Schedule

AGENCY: National Archives and Records Administration (NARA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: NARA proposes to revise its schedule of fees for reproduction 
of records and other materials in the custody of the Archivist of the 
United States. This proposed rule covers reproduction of Federal 
records created by other agencies that are in the National Archives of 
the United States, donated historical materials, Presidential records, 
Nixon Presidential historical materials, certain Federal agency records 
in NARA Federal records centers, and records filed with the Office of 
the Federal Register. The fees are being changed to reflect current 
costs of providing the reproductions. This rule will affect members of 
the public and Federal agencies who order reproductions from NARA.

DATES: Comments must be received by June 26, 2000.

ADDRESSES: Submit comments to the Regulation Comment Desk (NPLN), Room 
4100, National Archives at College Park, 8601 Adelphi Road, College 
Park, MD 20740-6001. Comments may also be faxed to (301)713-7270.

FOR FURTHER INFORMATION CONTACT: Nancy Allard on (301)713-7360.

SUPPLEMENTARY INFORMATION:

Background

    The fees for reproduction of records in 36 CFR Part 1258 are set 
under the Archivist's authority in 44 U.S.C. 2116(c). That statute 
requires that, to the extent possible, NARA recover the actual cost of 
making copies of records and other materials transferred to the custody 
of the Archivist of the United States. In determining these costs, NARA 
has considered only the order handling, materials and equipment, 
shipping, and the labor costs directly associated with making the 
reproduction.
    NARA last revised the reproduction fee schedule in 1997 on the 
basis of a cost study conducted in 1995 and 1996. Since 1997, NARA 
costs have increased because of higher materials and shipping costs and 
mandatory cost of living adjustments to staff salaries. Despite these 
increases, the proposed fees for many products fulfilled by mail order 
will remain the same or increase only slightly. The following sections 
of this SUPPLEMENTARY INFORMATION discuss where we are proposing 
significant changes in fees.

Fees for Self-service Copies

    Fees for self-service paper-to-paper and microfilm-to-paper copies, 
which represent approximately 46 percent of our reproduction volume, 
must increase by 5 cents each to recover NARA's costs. This is the 
first such increase in 10 years. The fee for self-service paper-to-
paper copies will be 15 cents per copy. The fee for self-service 
microfilm-to-paper copies will be 30 cents per copy.

Electrostatic and Microfilm Orders at Washington, DC, Area 
Facilities

    We are discontinuing ``block'' pricing for standard electrostatic 
copy and camera microfilm image reproduction orders at Washington, DC, 
area facilities. With this pricing, the customer paid one fee for the 
initial block of copies and a separate fee for each additional block of 
copies. Unit pricing (per page) continued to be used at all regional 
facilities and Presidential libraries. This pricing structure, imposed 
with the July 1997 revision of the fee schedule, was intended to reduce 
the amount of time spent by archival staff estimating the number of 
pages to be copied when preparing quotes for researchers and to reduce 
the amount of time spent by the Trust Fund staff in processing refunds 
for overestimated copy counts and in pursuing debt collection for 
underestimated copy counts. However, after years of unit pricing, our 
customers found block pricing to be confusing. Staff members found that 
they were now dependent upon charts to calculate quotes and the block 
sizes were not large enough to significantly reduce the need for 
accurate page counts. Finally, NARA's new order fulfillment system will 
not support block pricing without extensive, and expensive, 
customization that would be passed on to customers.
    We propose to revert to unit pricing for these products nationwide. 
The proposed unit pricing for both electrostatic copies (50 cents per 
copy) and camera microfilm images (70 cents per image) is not changed 
from the 1997 unit cost on which the block prices were based. For 
camera microfilm images, there will be no significant change in cost. 
Most camera microfilm customers will pay the same or slightly less than 
they pay with block pricing.
    The proposed pricing for electrostatic copies signifies no change 
in fee for 90 percent of the copies sold nationwide. Customers who 
ordered copies from the two NARA archival facilities in the Washington, 
DC, area (10 percent of the total copies sold nationwide) are the only 
customers affected by the proposed return to unit pricing. Under block 
pricing, some orders had a discounted per unit cost because of the way 
that the blocks were priced. Generally, only customers with larger 
orders (more than 40 copies) will have an increase in the cost of their 
orders.

[[Page 24165]]

Fixed-fee Orders

    NARA uses specialized forms (NATF-80 series of forms) to handle 
requests for reproductions of certain types of records with high 
reference volume. Each of these forms is used as part of a two-step 
process: (1) To search for the requested file and, if found, make 
copies; and (2) to bill the requesting researcher for the copies of the 
records when the search is successful. Approximately 125,000 of these 
requests are submitted to NARA each year, of which 76,000 result in 
reproductions.
    We are making three changes in this fixed fee order program. First, 
we propose to discontinue the practice of selecting documents and 
providing only partial files. Now all fixed fee orders will include the 
entire file. The most dramatic impact of this change will be that 
people who order military pension files will receive much larger full 
files that average 105 pages instead of a selection of 14-20 pages. 
When searches based on the current NATF Form 80, Order for Copies of 
Veterans Records, are successful, NARA's practice has been to select 
and reproduce up to 20 pages which would be of most use for 
genealogical research from the file. In order to obtain a copy of the 
full file, the customer has had to prepare and send a separate request 
for the remaining documents in the file, which was charged at the per-
page price. While full bounty land warrant application records and 
military service records generally fall within the 20-page limit, the 
average military pension file is 105 pages.
    Our intent is to provide all customers with access to the complete 
record responsive to their request. The selection process is not 
consistent with NARA's overall reference practices, and misleads some 
researchers that the selected pages constitute the entire file. 
Increasing numbers of genealogical researchers have recognized that the 
selected documents do not meet their needs. Receipt of copies of 
selected records often leads to requests for the remaining pages in a 
file. This results in many researchers submitting two separate 
requests, doubling both the researcher's and NARA's time spent on the 
reference transaction and increasing potential damage to the fragile 
records through the more frequent handling.
    The new procedure will immediately give the researcher all the 
information about the soldier or sailor contained in the file. While 
the 14 to 20 pages that were normally selected contained much useful 
biographical information (such as general statement of service, the 
names of wives and children, birth dates, and death dates), they by no 
means tell the full story of a pensioner's case. Medical information 
about continuing ailments resulting from war wounds or illnesses and 
prolonged battles to obtain benefits are also of great interest to 
family historians. These additional records round out the portrait of 
the veteran and his family.
    Second, we are replacing the NATF Form 80, Order for Copies of 
Veterans Records, with two separate new forms to facilitate more 
efficient service. NATF Form 85 (Order for Copies of Federal Pension or 
Bounty Land Warrant Applications) and NATF Form 86 (Order for Copies of 
Military Service Records) will replace NATF Form 80. This change will 
also help researchers to understand the distinctions among the three 
types of records. The military service records (ordered on NATF Form 
86), the bounty land warrant application files (NATF Form 85), and the 
pension files (also on NATF Form 85) share some of the same basic facts 
about the person. But military service files rarely contain personal 
information other than a physical description of the soldier and/or 
medical information. They document the soldier's movements during the 
war. Bounty land warrant applications and pension files contain 
basically the same type of information because they were applications 
for the same type of benefit. The soldier or widow provided a statement 
of service that would qualify them for the bounty or the pension. The 
claim may or may not include information about when the soldier was 
married, the names and ages of children, etc. However, the pension 
files are on average larger since they often cover a longer period of 
government payments and they often have more supporting documents over 
time. In addition, the bounty land warrant application files start 
after the Revolutionary War and end in 1855. Bounty land applications 
for the Revolutionary War are combined in the pension files and do not 
exist as a separate series. The average Revolutionary War pension file 
is 40 pages, including the bounty land warrant application. Unlike the 
other pension files, Revolutionary War pension files are only available 
on microfilm, which contributes to a higher labor cost for 
reproduction. Each type of file is different because it was created for 
a different purpose, at a different time, and in response to different 
laws with different requirements.
    In the third change, the fees for fixed fee orders will increase 
for the first time since 1991. In past fee schedules, NARA has set a 
uniform fee for the NATF Forms 80, 81, 83 and 84 that represents a 
blending of the actual costs for providing those orders. In this fee 
schedule we propose to set the fees for each type of order separately 
to reflect the cost of each individual type of order. We specifically 
invite your comments on this change.
    By pricing each type of file separately, the ship passenger arrival 
records (NATF Form 81) and the full bounty land warrant application 
files (NATF Form 85) are $17.25, while the land records on the NATF 
Form 84 are $17.75. Federal Census orders (NATF Form 82) and Eastern 
Cherokee applications to the Court of Claims (NATF Form 83) are $17.50. 
The fee for copies of full military service records (NATF Form 86) will 
be $17.00 and the fee for copies of full federal pension files (NATF 
Form 85) will be $40.
    If we set blended fees, the fee for orders on NATF Forms 81, 82, 
83, 84, and 86 would be $17.50. The fee for orders for full bounty land 
warrants on NATF Form 85 would also be $17.50. The fee for orders for 
federal pension files on NATF Form 85 would be $40.00 under either the 
blended pricing or the individual pricing approach.
    Finally, we propose to make this fee schedule effective September 
1, 2000, as we indicate in proposed Sec. 1258.16.

Other Changes to Part 1258

    We have rewritten Part 1258 in plain language in accordance with 
the Presidential Memorandum of June 1, 1998, Plain Language in 
Government Writing. No substantive changes have been made to NARA's 
current policies in proposed Sec. Sec. 1258.1, 1258.2, 1258.6, 1258.8, 
1258.10, and 1258.14, although existing Sec. Sec. 1258.4 and 1258.6 
have been combined in proposed Sec. 1258.6.

Paperwork Reduction Act

    NATF Forms 81 through 86 in this proposed rule have been approved 
by the Office of Management and Budget under the Paperwork Reduction 
Act and bear current approval numbers on the face of the forms.
    This proposed rule is a significant regulatory action for purposes 
of Executive Order 12866 of September 30, 1993, and has been reviewed 
by the Office of Management and Budget. This proposed rule does not 
have federalism implications. As required by the Regulatory Flexibility 
Act, it is hereby certified that this rule will not have a significant 
impact on a substantial number of small entities because the affected 
public is primarily individuals.

List of Subjects in 36 CFR Part 1258

    Archives and records.
    For the reasons set forth in the preamble, NARA proposes to revise 
Part

[[Page 24166]]

1258 of title 36, Code of Federal Regulations, to read as follows:

PART 1258--FEES

Sec.
1258.1   What is the authority for this part?
1258.2   What does the NARA reproduction fee schedule cover?
1258.4   What reproductions are not covered by the NARA fee 
schedule?
1258.6   When does NARA provide reproductions without charge?
1258.8   Who pays to have a copy negative made?
1258.10   What is NARA's mail order policy?
1258.12   NARA reproduction fee schedule.
1258.14   What is NARA's payment policy?
1258.16   Effective date.

    Authority: 44 U.S.C. 2116(c) and 2307.


Sec. 1258.1  What is the authority for this part?

    (a) 44 U.S.C. 2116(c) authorizes NARA to charge a fee for making or 
authenticating copies or reproductions of materials transferred to the 
Archivist's custody.
    (b) 44 U.S.C. 2307 authorizes the Archivist of the United States, 
as Chairman of the National Archives Trust Fund Board, to prepare and 
publish special works and collections of sources and to prepare, 
duplicate, edit, and release historical photographic materials and 
sound recordings and sell those publications and releases at a price 
that will cover their cost, plus 10 percent.


Sec. 1258.2  What does the NARA reproduction fee schedule cover?

    The NARA reproduction fee schedule in Sec. 1258.12 covers 
reproduction of:
    (a) NARA archival records, donated historical materials, 
Presidential records, and Nixon Presidential historical materials 
except as otherwise provided in Sec. Sec. 1258.4 and 1258.6. Some 
reproduction services listed in Sec. 1258.12 may not be available at 
all NARA facilities;
    (b) Other Federal records stored in NARA Federal records centers, 
except when NARA and the agency that transferred the records have 
agreed to apply that agency's fee schedule; and
    (c) Records filed with the Office of the Federal Register.


Sec. 1258.4  What reproductions are not covered by the NARA fee 
schedule?

    The following categories are not covered by the NARA fee schedule 
in Sec. 1258.12.
    (a) Still photography, including aerial film, and oversize maps and 
drawings. Information on the availability and prices of reproductions 
of records held in the Special Media Archives Services Division (NWCS), 
8601 Adelphi Rd., College Park, MD 20740-6001, and in the Presidential 
libraries and regional archives (see 36 CFR 1253.3 and 36 CFR 1253.7 
for addresses) may be obtained from the unit which has the original 
records.
    (b) Motion picture, sound recording, and video holdings of the 
National Archives and Presidential libraries. Information on the 
availability of and prices for reproduction of these materials are 
available from the Special Media Archives Services Division (NWCS), 
8601 Adelphi Rd., Room 3340, College Park, MD 20740-6001, or from the 
Presidential library which has such materials (see 36 CFR 1253.3 for 
addresses).
    (c) Electronic records. Information on the availability of and 
prices for duplication are available from the Electronic and Special 
Media Records Services Division (NWME), 8601 Adelphi Rd., Room 5320, 
College Park, MD 20740-6001, or from the Presidential library which has 
such materials (see 36 CFR 1253.3 for addresses).
    (d) Reproduction of the following types of records using the 
specified order form:

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                 Type of record and order form                    Price
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(1) Passenger arrival lists (order form NATF Form 81)..........   $17.25
(2) Federal Census requests (order form NATF Form 82)..........    17.50
(3) Eastern Cherokee applications to the Court of Claims (order    17.50
 form NATF Form 83)............................................
(4) Land entry records (order form NATF 84)....................    17.75
(5) Bounty land warrant application files (order form NATF Form    17.25
 85)...........................................................
(6) Pension files more than 75 years old (order form NATF Form        40
 85)...........................................................
(7) Military service files more than 75 years old (order form         17
 NATF Form 86).................................................
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    (e) National Archives Trust Fund Board publications, including 
microfilm publications. Prices are available from the Customer Service 
Center (NWCC2), 8601 Adelphi Rd., Room 1000, College Park, MD 20740-
6001.
    (f) Reproductions of NARA operational records made in response to 
FOIA requests under part 1250 of this chapter.
    (g) Orders for expedited service (``rush'' orders) for reproduction 
of still pictures and motion picture and video recordings among the 
holdings of a Presidential library. Orders may be accepted on an 
expedited basis by the library when the library determines that 
sufficient personnel are available to handle such orders or that the 
NARA contractor making the reproduction can provide the service. Rush 
orders are subject to a surcharge to cover the additional cost of 
providing expedited service.
    (h) Orders requiring additional expense to meet unusual customer 
specifications such as the use of special techniques to make a 
photographic copy more legible than the original document, or unusual 
format or background requirement for negative microfilm. Fees for these 
orders are computed for each order.


Sec. 1258.6  When does NARA provide reproductions without charge?

    NARA does not charge a fee for reproduction or certification in the 
instances described in this section, if the reproduction is not a color 
reproduction. Color reproductions are furnished to the public and the 
Government only on a fee basis.
    (a) When NARA furnishes copies of documents to other elements of 
the Federal Government. However, a fee may be charged if the 
appropriate director determines that the service cannot be performed 
without reimbursement;
    (b) When NARA wishes to disseminate information about its 
activities to the general public through press, radio, television, and 
newsreel representatives;
    (c) When the reproduction is to furnish the donor of a document or 
other gift with a copy of the original;
    (d) When the reproduction is for individuals or associations having 
official voluntary or cooperative relations with NARA in its work;
    (e) When the reproduction is for a foreign, State, or local 
government or an international agency and furnishing it without charge 
is an appropriate courtesy;
    (f) For records of other Federal agencies in NARA Federal records 
centers only:
    (1) When furnishing the service free conforms to generally 
established

[[Page 24167]]

business custom, such as furnishing personal reference data to 
prospective employers of former Government employees;
    (2) When the reproduction of not more than one copy of the document 
is required to obtain from the Government financial benefits to which 
the requesting person may be entitled (e.g., veterans or their 
dependents, employees with workmen's compensation claims, or persons 
insured by the Government);
    (3) When the reproduction of not more than one copy of a hearing or 
other formal proceeding involving security requirements for Federal 
employment is requested by a person directly concerned in the hearing 
or proceeding; and
    (4) When the reproduction of not more than one copy of a document 
is for a person who has been required to furnish a personal document to 
the Government (e.g., a birth certificate required to be given to an 
agency where the original cannot be returned to the individual).


Sec. 1258.8  Who pays to have a copy negative made?

    Requests for photographs of materials for which no copy negative is 
on file are handled as follows:
    (a) The customer is charged to make the copy negative, except in 
cases where NARA wishes to retain the negative for its own use.
    (b) When no fee is charged the negative becomes the property of 
NARA. When a fee is charged the negative becomes the property of the 
customer.


Sec. 1258.10  What is NARA's mail order policy?

    (a) There is a minimum fee of $10.00 per order for reproductions 
that are sent by mail to the customer.
    (b) Orders to addresses in the United States are sent either first 
class or UPS depending on the weight of the order and availability of 
UPS service. When a customer requests special mailing services (such as 
Express Mail or registered mail) and/or shipment to a foreign address, 
the cost of the special service and/or additional postage for foreign 
mail is added to the cost of the reproductions.


Sec. 1258.12  NARA fee schedule.

    (a) Certification: $6.
    (b) Electrostatic copying (in order to preserve certain records 
which are in poor physical condition, NARA may restrict customers to 
photographic or microfilm copies instead of electrostatic copies):

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                          Service                                                    Fee
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(1) Paper-to-paper copies (up to and including 11 in. by 17  $0.15 per copy.
 in.) made by the customer on a NARA self-service copier.
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(2) Paper-to-paper copies (up to and including 11 in. by 17  $0.50 per copy.
 in.) made by NARA staff.
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(3) Oversized electrostatic copies.........................  $2.70 per linear foot.
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(4) Electrostatic copies (22 in. by 34 in.)................  $2.70 per copy.
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(5) Microfilm or microfiche to paper copies made by the      $0.30 per copy.
 customer on a NARA self-service copier.
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(6) Microfilm or microfiche to paper copies made by NARA     $1.90 per copy.
 staff.
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    (c) Original negative microfilm (paper-to-microfilm): $0.70 per 
image.
    (d) Diazo microfiche duplication: $2.50 per fiche.
    (e) Self-service video copying in the Motion Picture, Sound and 
Video Research Room:

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                          Service                                                    Fee
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(1) Initial 90-min use of video copying station with 120-    $9.75.
 minute videocassette.
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(2) Additional 90-minute use of video copying station with   $6.25.
 no videocassette.
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(3) Blank 120-minute VHS videocassette.....................  $3.50.
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[[Page 24168]]

    (f) Self-service Polaroid prints: $5.75 per print.
    (g) Unlisted processes: For reproductions not covered by this fee 
schedule, see also Sec. 1258.4. Fees for other reproduction processes 
are computed upon request.


Sec. 1258.14  What is NARA's payment policy?

    (a) Form of payment. Fees may be paid in cash, by check or money 
order made payable to the National Archives Trust Fund, or by selected 
credit cards. Payments from outside the United States must be made by 
international money order payable in U.S. dollars or a check drawn on a 
U.S. bank.
    (b) Timing. Fees must be paid in advance except when the 
appropriate director approves a request for handling them on an account 
receivable basis. Purchasers with special billing requirements must 
state them when placing orders and must complete any special forms for 
NARA approval in advance.


Sec. 1258.16  Effective date.

    The fees in this part are effective on September 1, 2000.

    Dated: February 28, 2000.
John W. Carlin,
Archivist of the United States.
[FR Doc. 00-10248 Filed 4-24-00; 8:45 am]
BILLING CODE 7515-01-P