[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6554-6555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2033]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1254

[NARA-10-0005]
RIN 3095-AB69


Appeal Authority When Researcher Privileges Are Revoked

AGENCY: National Archives and Records Administration.

ACTION: Direct final rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
changing the appeal authority for researchers whose privileges have 
been revoked for specific behaviors, from the Archivist of the United 
States to the Deputy Archivist of the United States. This change will 
align the appeal authority for researchers whose research privileges 
have been revoked with the appeal authority for individuals who have 
been banned from NARA facilities

[[Page 6555]]

for prohibited activities. Researchers maintain the same rights of 
appeal.

DATES: This rule is effective March 9, 2011 without further action, 
unless adverse comment is received by March 9, 2011. If adverse comment 
is received, NARA will publish a timely withdrawal of the rule in the 
Federal Register, and publish a notice of proposed rulemaking.

ADDRESSES: NARA invites interested persons to submit comments on this 
direct final rule. Comments may be submitted by any of the following 
methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: Submit comments by facsimile transmission to 301-837-
0319.
    <bullet> Mail: Send comments to Regulations Comments Desk (NPOL), 
Room 4100, Policy and Planning Staff, National Archives and Records 
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
    <bullet> Hand Delivery or Courier: Deliver comments to 8601 Adelphi 
Road, College Park, MD.

FOR FURTHER INFORMATION CONTACT: Stuart Culy on (301) 837-0970.

SUPPLEMENTARY INFORMATION: NARA is authorized to revoke researchers' 
privileges under certain circumstances by following the procedures 
outlined in 36 CFR part 1254. The privileges may be revoked for the 
following behaviors: Refusing to follow the rules and regulations of a 
NARA facility; acting or speaking in a way that may be dangerous to 
documents held by NARA or NARA property; acting or speaking in a way 
that may be dangerous to other researchers, NARA or contractor 
employees, or volunteers; or verbally or physically harassing or 
annoying other researchers, NARA or contractor employees, or 
volunteers. This change will align the appeal authority for researchers 
whose research privileges have been revoked with the appeal authority 
for individuals who have been banned from NARA facilities for the 
following prohibited activities on NARA properties: Carrying or using 
guns or weapons, using or in possession of alcohol or illegal drugs; 
gambling; soliciting; stealing NARA property; willfully damaging or 
destroying NARA property; creating any hazard to persons or things; 
throwing anything from or at a NARA building; improperly disposing of 
rubbish; acting in a disorderly fashion; acting in a manner that 
creates a loud or unusual noise or a nuisance; acting in a manner that 
unreasonably obstructs the usual use of NARA facilities; acting in a 
manner that otherwise impedes or disrupts the performance of official 
duties by Government and contract employees; acting in a manner that 
prevents the general public from obtaining NARA-provided services in a 
timely manner; loitering; or threatening directly (e.g., in-person 
communications or physical gestures) or indirectly (e.g., via regular 
mail, electronic mail, or phone) any NARA employee, visitor, volunteer, 
contractor, other building occupants, or property, which is the Deputy 
Archivist of the United States. Researchers maintain the same rights of 
appeal.
    Revocation actions are taken by staff at the NARA facility where an 
infraction takes place. In turn, researchers have the right to appeal 
the revocation to a higher authority than the local NARA facility 
director; a process which is also described in 36 CFR part 1254. The 
current appeal authority is the Archivist of the United States, yet the 
appeal authority for the more severe penalty of banning individuals 
from NARA facilities under 36 CFR part 1280, is the Deputy Archivist of 
the United States. This direct final rule will only change the appeal 
authority for researchers whose privileges have been revoked, from the 
Archivist of the United States to the Deputy Archivist of the United 
States, aligning the two disciplinary appeal processes. Researchers 
retain their full right to appeal revocation decisions.
    NARA believes that a Notice of Proposed Rule Making is not 
necessary for ``good cause'' as permitted by the Administrative 
Procedures Act (5 U.S.C. 553(b)(B)) as this rule is a nomenclature 
change only, and there are no changes to the public's right to appeal 
revocation decisions.
    This direct final rule is not a significant regulatory action for 
the purposes of Executive Order 12866. As required by the Regulatory 
Flexibility Act, it is hereby certified that this direct final rule 
will not have a significant impact on small entities.

List of Subjects in 36 CFR Part 1254

    Archives and records.

    For the reasons set forth in the preamble, NARA amends part 1254 of 
title 36, 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.

Sec.  1254.50  [Amended]

0
2. In Sec.  1254.50, remove the word ``Archivist'' and add, in its 
place, the words ``Deputy Archivist'' wherever it appears in the 
section.


Sec.  1254.52  [Amended]

0
3. In Sec.  1254.52, remove the word ``Archivist'' and add, in its 
place, the words ``Deputy Archivist'' wherever it appears in the 
section.

    Dated: January 25, 2011.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2011-2033 Filed 2-4-11; 8:45 am]
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