Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations 34973

(NAD 1983), about 200 yards northeast

of the Triborough Bridge.

(b) Effective period. This section is

effective from 8:30 p.m. (e.s.t.) until 10

p.m. (e.s.t.) on June 29, 2000. If the

event is cancelled due to inclement

weather, then this section is effective

from 8:30 p.m. (e.s.t.) until 10 p.m.

(e.s.t.) on June 30, 2000.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard.

Upon being hailed by a U.S. Coast

Guard vessel by siren, radio, flashing

light, or other means, the operator of a

vessel shall proceed as directed.

Dated: May 22, 2000.

R.E. Bennis,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 00–13811 Filed 5–30–00; 12:39 pm]

BILLING CODE 4910–15–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1260

RIN 3095–AA67

Records Declassification

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: This rule updates NARA

regulations related to declassification of

national security-classified information

in records transferred to NARA’s legal

custody. It incorporates changes

resulting from Executive Order 12958,

Classified National Security

Information, including:

Revising the timeline for systematic

review from 30 years to 25 years;

Redefining declassification

responsibilities to reflect the E.O. 12958

requirement for agencies to maintain

systematic review programs;

Adding requirements for agencies that

elect to review their accessioned records

at NARA;

Adding requirements for loaning

records to agencies for declassification

review; and Revising requirements for

reclassification of information to meet

the provisions of E.O. 12958;

The rule affects members of the public

who file mandatory review requests and

Federal agencies.

DATES: This rule is effective July 1,

2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard or Shawn Morton at 301–

713–7360.

SUPPLEMENTARY INFORMATION: NARA

published a notice of proposed

rulemaking on February 17, 2000, at 65

FR 8077. The comment period ended on

April 17, 2000. NARA received

comments from 9 Federal agencies and

1 professional organization. Of the

comments from the Federal agencies, 3

concurred with the proposed rule, 5

recommended clarifications or changes

and 1 offered ‘‘no comment.’’

Following is a summary of the

comments and a discussion of the

changes that we made to the proposed

rule to address those comments.

Automatic Declassification

One commenter stated that we should

add a provision to account for the

automatic declassification provisions in

section 3.4 of Executive Order 12958.

Executive Order 13142, issued on

November 19, 1999, amended Executive

Order 12958 section 3.4 to delay the

application of automatic declassification

for records accessioned into NARA until

April 17, 2003. We have made

appropriate reference to the automatic

declassification requirements in the

regulation.

As we reviewed §§ 1260.20 and

1260.40 to incorporate the reference, we

further clarified these sections by

removing the distinctions between

records that are older and younger than

25 years to focus on the responsibilities

for declassifying the information.

Restricted Data and Formerly

Restricted Data

One Federal agency commented that

the regulation does not address

declassification responsibilities for

nuclear-related information classified as

Restricted Data and Formerly Restricted

Data. This type of information is

classified under the Atomic Energy Act

of 1954, as amended, and is exempt

from all requirements under Executive

Order 12958. We added the language

suggested by the commenter as

§ 1260.28, which specifies that only

designated individuals in the

Department of Energy may declassify

records containing Restricted Data, and

that only designated officials within the

Department of Defense or the

Department of Energy may declassify

Formerly Restricted Data.

Mandatory Review Requests for White

House Originated Information

The National Security Council

recommended deleting § 1260.62 which

explains how agencies should handle

mandatory review requests for White

House originated materials from a past

administration that are in their custody.

This section would have required

agencies to forward the request, copies

of the requested records, and a

recommendation to grant or deny the

request to the Archivist. The Archivist

would then decide whether or not to

declassify the information. The

commenter noted that Federal agencies

do not segregate White House originated

information in their custody from their

Federal records, and, therefore, follow

the process for responding to Mandatory

Review and FOIA requests for Federal

records. We have accepted the comment

after consulting with the Information

Security Oversight Office.

Referring Documents Back to Agencies

for Declassification Determinations

One Federal agency commented that

§ 1260.50 should be modified in several

ways. The commenter pointed out that

at times, the association of an agency

with a particular document can be in

itself a classified fact requiring

protection. NARA currently does not

tell requesters which agencies it has

referred documents to. We have

modified § 1260.50(d) according to the

commenter’s suggestion to clarify this

existing practice.

The agency also offered alternative

language in this section to clarify when

NARA would send a document back to

an agency for declassification. The

commenter suggested that we insert the

phrase, ‘‘Where the originating agency

has not provided systematic

declassification guidance, or where

there is a question regarding the

declassification guidance provided’’ at

the beginning of the second sentence in

§ 1260.50(b). We have accepted this

comment with modification. We cannot

specify that we will refer the

information only if we are missing

guidance from the originating agency.

When NARA declassifies information

using agency systematic guidance, we

must use the guidance of every agency

that has equities in the information. If

we do not have guidance from an

agency that has equities in the

information, even when it is not the

originating agency, we review the

information using the guidance that we

do have, and then refer the information

to the agency(ies) for which we do not

have guidance for final action.

Appeals

We received a comment that NARA

should act as the recipient for all

appeals for adverse declassification

decisions from other agencies. The

34974 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations

commenter indicated that this would be

more efficient and consistent, and it

would also allow, in the case of

multiple referrals, NARA to act as a

central point of contact for the appeal.

If an agency’s association with a

particular document is classified, the

commenter argued that this would

provide a mechanism for protecting that

fact.

NARA does not have the resources to

handle all appeals for the entire

Executive branch. In addition, the

public would perceive this as an

attempt to delay the appeals process by

inserting another layer of bureaucracy

into it. In order to address the

commenter’s concern of masking the

association of particular agencies with

particular information, NARA will send

to the requester whatever appeal contact

information the agency desires.

Agencies may request other agencies to

act as a contact point for appeals.

Responsibility for Declassification of

Intelligence and Cryptological

Information

A Federal agency commented that

§ 1260.26 improperly states that the

Central Intelligence Agency (CIA) is

‘‘responsible’’ for declassifying

information on intelligence sources and

methods, and that the Secretary of

Defense is ‘‘responsible’’ for

declassifying information on

cryptography. Sections 3.5(c) and 3.6(d)

of Executive Order 12958 state that ‘‘the

Director of Central Intelligence may

establish special procedures for the

declassification of information

pertaining to intelligence.’’ It does not

state that the CIA is the sole responsible

entity for this action. The Executive

Order also states that ‘‘the Secretary of

Defense may establish special

procedures for declassification of

cryptologic information.’’ We have

modified the regulation to more closely

match the Executive Order.

This 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 rule will not

have a significant impact on a

substantial number of small entities

because it applies to Federal agencies.

This rule does not have any federalism

implications.

List of Subjects in 36 CFR Part 1260

Archives and records.

For the reasons stated in the

preamble, the National Archives and

Records Administration revises 36 CFR

Part 1260 to read as follows:

SUBCHAPTER D—DECLASSIFICATION

PART 1260—DECLASSIFICATION OF

NATIONAL SECURITY INFORMATION

Subpart A—General Information

Sec.

1260.1 What is the purpose of this

regulation?

1260.2 Definitions.

1260.4 What NARA holdings are covered by

this regulation?

1260.6 What is the authority for this

regulation?

Subpart B—Responsibilities

1260.20 Who is responsible for the

declassification of national securityclassified Executive Branch information

that has been accessioned by NARA?

1260.22 Who is responsible for the

declassification of national securityclassified White House originated

information in NARA’s holdings?

1260.24 Who is responsible for

declassification of foreign government

information in NARA’s holdings?

1260.26 Who is responsible for issuing

special procedures for declassification of

information concerning intelligence or

cryptography in NARA’s holdings?

1260.28 Who is responsible for

declassifying records that contain

nuclear-related information classified

under the Atomic Energy Act of 1954, as

amended, commonly referred to as

Restricted Data and Formerly Restricted

Data?

Subpart C—Systematic Review

1260.40 How will records at NARA be

reviewed for declassification?

1260.42 What are the procedures for agency

personnel to review records at a NARA

facility?

1260.44 Will NARA loan accessioned

records back to the agencies to conduct

declassification review?

Subpart D—Mandatory Review

Executive Branch Records

1260.50 What procedures does NARA

follow when it receives a request for

Executive Branch records under

mandatory review?

1260.52 What are agency responsibilities

when it receives a mandatory review

request forwarded by NARA?

1260.54 What is the appeal process when a

mandatory review request for Executive

Branch information is denied?

White House Originated Information

1260.56 Is White House originated

information subject to mandatory

review?

1260.58 What are the procedures for

requesting a mandatory review of White

House originated information?

1260.60 What are agency responsibilities

with regard to mandatory review

requests for White House originated

information?

1260.62 What is the appeal process when a

mandatory review request for White

House originated information is denied?

Subpart E—Reclassification

1260.70 Can Executive Branch information

be reclassified?

1260.72 Can White House information be

reclassified?

1260.74 Can NARA appeal a request to

reclassify information?

Authority: 44 USC 2101 to 2118; 5 USC

552; EO 12958, 60 FR19825, 3 CFR, 1995

Comp., p.333; EO 13142, 64 FR 66089, 3 CFR,

1999 Comp., p. 236.

Subpart A—General Information

§ 1260.1 What is the purpose of this

regulation?

This regulation defines the

responsibilities of NARA and other

Federal agencies for declassification of

national security classified information

in the holdings of NARA. This part also

provides procedures for conducting

systematic reviews of NARA holdings

and for processing mandatory review

requests for NARA holdings.

Regulations for researchers wishing to

request Federal records under the

Freedom of Information Act (FOIA) or

under mandatory review can be found

in 36 CFR 1254.38.

§ 1260.2 Definitions.

(a) Systematic declassification review

means the review for declassification of

national security-classified information

contained in records that have been

determined by the Archivist of the

United States to have permanent value

in accordance with 44 U.S.C. 2107.

(b) Mandatory declassification review

means the review for declassification of

national security-classified information

in response to a request for

declassification that meets the

requirements under section 3.6 of

Executive Order 12958.

§ 1260.4 What NARA holdings are covered

by this regulation?

The NARA holdings covered by this

regulation are records legally transferred

to the National Archives and Records

Administration (NARA), including

Federal records accessioned into the

National Archives of the United States;

Presidential records; Nixon Presidential

materials; and donated historical

materials in Presidential Libraries and

in the National Archives of the United

States.

§ 1260.6 What is the authority for this

regulation?

Declassification of and public access

to national security information is

governed by Executive Order 12958 of

April 17, 1995 (3 CFR 1995 Comp., p.

333), Executive Order 13142 of

November 19, 1999 (3 CFR 1999 Comp.,

p. 236), and by the Information Security

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations 34975

Oversight Office Implementing Directive

for Executive Order 12958 (32 CFR Part

2001).

Subpart B—Responsibilities

§ 1260.20 Who is responsible for the

declassification of national securityclassified Executive Branch information

that has been accessioned by NARA?

(a) Consistent with the requirements

of section 3.4 of Executive Order 12958

and Executive Order 13142 on

automatic declassification, the

originating agency is responsible for its

declassification, but may delegate

declassification authority to NARA in

the form of declassification guidance.

(b) If an agency does not delegate

declassification authority to NARA, the

agency is responsible for reviewing the

records prior to the date that the records

become eligible for automatic

declassification.

(c) NARA is responsible for the

declassification of records of a defunct

agency that has no successor in

function. NARA will consult with

agencies having primary subject matter

interest before making declassification

determinations.

§ 1260.22 Who is responsible for the

declassification of national securityclassified White House originated

information in NARA’s holdings?

(a) NARA is responsible for

declassification of information from a

previous administration that was

originated by:

(1) The President;

(2) The White House staff;

(3) Committees, commissions, or

boards appointed by the President; or

(4) Others specifically providing

advice and counsel to the President or

acting on behalf of the President.

(b) NARA will consult with agencies

having primary subject matter interest

before making declassification

determinations.

§ 1260.24 Who is responsible for

declassification of foreign government

information in NARA’s holdings?

(a) The agency that received or

classified the information is responsible

for its declassification.

(b) In the case of a defunct agency,

NARA is responsible for declassification

of foreign government information in its

holdings and will consult with the

agencies having primary subject matter

interest before making declassification

determinations.

§ 1260.26 Who is responsible for issuing

special procedures for declassification of

information concerning intelligence or

cryptography in NARA’s holdings?

(a) The Director of Central Intelligence

is responsible for issuing special

procedures for declassification of

information concerning intelligence

activities and intelligence sources and

methods.

(b) The Secretary of Defense is

responsible for issuing special

procedures for declassification of

information concerning cryptography.

§ 1260.28 Who is responsible for

declassifying records that contain nuclearrelated information classified under the

Atomic Energy Act of 1954, as amended,

commonly referred to as Restricted Data

and Formerly Restricted Data?

Only designated officials within the

Department of Energy may declassify

records containing Restricted Data.

Records containing Formerly Restricted

Data may only be declassified by

designated individuals within the

Department of Energy or by appropriate

individuals in the Department of

Defense.

Subpart C—Systematic Review

§ 1260.40 How will records at NARA be

reviewed for declassification?

(a) Consistent with the requirements

of section 3.4 of Executive Order 12958

and Executive Order 13142 on

automatic declassification, NARA staff

will systematically review for

declassification records for which the

originating agencies have provided

declassification guidance. The

originating agency must review records

for which it has not provided

declassification guidance.

(b) Agencies may choose to review

their own records that have been

accessioned by NARA by sending

personnel to the NARA facility where

the records are located to conduct the

declassification review.

§ 1260.42 What are the procedures for

agency personnel to review records at a

NARA facility?

(a) NARA will make the records

available to properly cleared agency

reviewers. NARA will provide space for

agency reviewers in the facility in

which the records are located as space

is available. NARA will also provide

training and guidance for agency

reviewers on the proper handling of

archival materials.

(b) Agency reviewers must:

(1) Follow NARA security regulations

and abide by NARA procedures for

handling archival materials;

(2) Follow NARA procedures for

identifying and marking documents that

cannot be declassified; and

(3) Obtain permission from NARA

before bringing into a NARA facility

computers, scanners, tape recorders,

microfilm readers and other equipment

necessary to view or copy records.

NARA will not allow the use of any

equipment that poses an unacceptable

risk of damage to archival materials. See

36 CFR 1254.26 and 1254.27 for more

information on acceptable equipment.

§ 1260.44 Will NARA loan accessioned

records back to the agencies to conduct

declassification review?

In rare cases, when agency reviewers

cannot be accommodated at a NARA

facility, NARA will consider a request to

loan records back to an originating

agency in the Washington, DC,

metropolitan area for declassification

review. Each request will be judged on

a case-by-case basis. The requesting

agency must:

(a) Ensure that the facility in which

the documents will be stored and

reviewed passes a NARA inspection to

ensure that the facility maintains:

(1) The correct archival environment

for the storage of permanent records;

and

(2) The correct security conditions for

the storage and handling of national

security-classified materials.

(b) Meet NARA requirements for

ensuring the safety of the records;

(c) Abide by NARA procedures for

handling of archival materials;

(d) Identify and mark documents that

cannot be declassified in accordance

with NARA procedures; and

(e) Obtain NARA approval of any

equipment such as scanners, copiers, or

cameras to ensure that they do not pose

an unacceptable risk of damage to

archival materials.

Subpart D—Mandatory Review

Executive Branch Records

§ 1260.50 What procedures does NARA

follow when it receives a request for

Executive Branch records under mandatory

review?

(a) If the requested records are less

than 25 years old, NARA refers copies

of the records to the originating agency

and to agencies that have equities in the

information for declassification review.

Agencies may also send personnel to a

NARA facility where the records are

located to conduct a declassification

review, or may delegate declassification

authority to NARA in the form of

declassification guidance.

(b) If the requested records are more

than 25 years old, NARA will review the

34976 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations

records using systematic

declassification guidance provided by

the originating agency and agencies

having equities in the information. If the

originating agency, or agencies having

equities in the information have not

provided systematic declassification

guidance, or if there is a question

regarding the guidance, NARA will refer

any requested documents it is unable to

declassify to the appropriate agency or

agencies for declassification

determinations.

(c) When the records were originated

by a defunct agency that has no

successor agency, NARA is responsible

for making the declassification

determinations, but will consult with

agencies having primary subject matter

interest.

(d) In every case, NARA will

acknowledge receipt of the request and

inform the requester of the action taken.

If additional time is necessary to make

a declassification determination on

material for which NARA has delegated

authority, NARA will tell the requester

how long it will take to process the

request. NARA will also tell the

requester if part or all of the requested

information is referred to other agencies

for declassification review, subject to

section 3.7(a) of Executive Order 12958.

§ 1260.52 What are agency responsibilities

when it receives a mandatory review

request forwarded by NARA?

(a) The agency must make a

determination within 180 calendar days

after receiving the request or inform

NARA of the additional time needed to

process the request. If an initial decision

has not been made on the request within

1 year after the original date of the

request, the requester may appeal to the

Interagency Security Classification

Appeals Panel (ISCAP).

(b) The agency must notify NARA of

any other agency to which it forwards

the request in those cases requiring the

declassification determination of

another agency.

(c) The agency must return to NARA

a complete copy of each declassified

document with the agency

determination. If documents cannot be

declassified in their entirety, the agency

must return to NARA a copy of the

documents with those portions that

must be withheld clearly marked.

(d) The agency must also furnish, for

transmission to the requester, a brief

statement of the reasons the requested

information cannot be declassified and

a statement of the requester’s right to

appeal the decision, along with the

procedures for filing an appeal. The

agency must also supply for

transmission to the requester a contact

name and title and the address where

the appeal must be sent.

§ 1260.54 What is the appeal process

when a mandatory review request for

Executive Branch information is denied?

(a) If an agency denies a

declassification request under

mandatory review, the requester may

appeal directly to the appeal authority

at that agency.

(b) If requested by the agency, NARA

will supply the agency with:

(1) Copies of NARA’s letter to the

requester transmitting the agency

denial; and

(2) Copies of any documents denied

in part that were furnished to the

requester.

(c) The agency appeal authority must

notify NARA in writing of the final

determination and of the reasons for any

denial.

(d) The agency must furnish to NARA

a complete copy of any document they

released to the requester only in part,

clearly marked to indicate the portions

that remain classified. NARA will give

the requester a copy of any notifications

from the agencies that describe what

information has been denied and what

the requesters appeal rights are.

(e) In the case of an appeal for

information originated by a defunct

agency, NARA will notify the requester

of the results and furnish copies of

documents declassified in full and in

part. If the request cannot be

declassified in its entirety, NARA will

send the requester a brief statement of

why the requested information cannot

be declassified and a notice of the right

to appeal the determination within 60

calendar days to the Deputy Archivist of

the United States, National Archives

and Records Administration, 8601

Adelphi Road, College Park, MD 20740–

6001.

White House Originated Information

§ 1260.56 Is White House originated

information subject to mandatory review?

White House originated information

of former Presidents is subject to

mandatory review consistent with the

Presidential Records Act, 44 U.S.C.

2203, the Presidential Recordings and

Materials Preservation Act, 44 U.S.C.

2111 note, and any deeds of gift that

pertain to the materials or the respective

Presidential administrations pursuant to

44 U.S.C. 2107 and 2111. Unless

precluded by such laws or agreements,

White House originated information is

subject to mandatory or an equivalent

agency review for current classification

when the materials have been archivally

processed or can be identified with

specificity. However, records covered by

the Presidential Records Act are closed

for 5 years after the end of the

Presidential administration, or until an

integral file segment has been archivally

processed, whichever occurs first,

pursuant to 44 U.S.C. 2204.

§ 1260.58 What are the procedures for

requesting a mandatory review of White

House originated information?

(a) NARA will promptly acknowledge

to the requester the receipt of a request

for White House originated information.

(b) If the requested information is less

than 25 years old, NARA will consult

with agencies having primary subject

matter interest. NARA will forward

copies of the requested materials to the

agencies and request their

recommendations regarding

declassification.

(c) If the requested records are more

than 25 years old, NARA will review the

records using systematic

declassification guidance provided by

the originating agency and agencies

having equities in the information. If the

originating agency, or agencies having

equities in the information have not

provided systematic declassification

guidance, or if there is a question

regarding the guidance, NARA will refer

any requested documents it is unable to

declassify to the appropriate agency or

agencies for their recommendations

regarding declassification.

(d) NARA will notify the requester of

the results and furnish copies of the

documents declassified in full and in

part. If the requested records are not

declassified in their entirety, NARA will

send the requester a brief statement of

the reasons the information cannot be

declassified and a notice of the right to

appeal the determination within 60

calendar days to the Deputy Archivist of

the United States, National Archives

and Records Administration, 8601

Adelphi Road, College Park, MD 20740–

6001.

§ 1260.60 What are agency responsibilities

with regard to mandatory review requests

for White House originated information?

When an agency receives a mandatory

review request from NARA for

consultation on declassification of

White House originated material,

whether it is an initial request of an

appeal, the agency must:

(a) Advise the Archivist whether the

information should be declassified in

whole or in part or should continue to

be exempt from declassification;

(b) Provide NARA a brief statement of

the reasons for any denial of

declassification; and

(c) Return all reproductions referred

for consultation, including a complete

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Rules and Regulations 34977

copy of each document that should be

released only in part, clearly marked to

indicate the portions that remain

classified.

§ 1260.62 What is the appeal process

when a mandatory review request for White

House originated information is denied?

(a) When the Deputy Archivist of the

United States receives an appeal, he/she

will review the decision to deny the

information and consult with the

appellate authorities in the agencies

having primary subject matter interest

in the information.

(b) NARA will notify the requester of

the determination and make available

any additional information that has

been declassified as a result of the

requester’s appeal.

(c) NARA will also notify the

requester of the right to appeal denials

of access to the Executive Secretary of

the Interagency Security Classification

Appeals Panel, Attn: Mandatory Review

Appeals, c/o Information Security

Oversight Office, National Archives and

Records Administration, 700

Pennsylvania Avenue, NW, Room 18N,

Washington, DC 20408.

Subpart E—Reclassification

§ 1260.70 Can Executive Branch

information be reclassified?

(a) An agency may ask NARA to

temporarily close, re-review, and

possibly reclassify records and donated

historical materials originated by the

agency. Records that were declassified

in accordance with E.O. 12958 (or

predecessor orders) may be reclassified

only if the information is less than 25

years old and has not been previously

disclosed to the public. Agencies must

submit in writing requests to reclassify

Executive Branch records to the

Assistant Archivist for Records

Services—Washington, DC, National

Archives and Records Administration,

8601 Adelphi Road, College Park, MD

20740–6001. Requests to reclassify

information in Presidential libraries

must be submitted in writing to the

Assistant Archivist for Presidential

Libraries, National Archives and

Records Administration, 8601 Adelphi

Road, College Park, MD 20740–6001. In

the request, the agency must:

(1) Identify the records or donated

materials involved as specifically as

possible;

(2) Explain the reason the re-review

and possible reclassification may be

necessary; and

(3) Provide any information the

agency may have concerning any

previous public disclosure of the

information.

(b) If the urgency of the request

precludes a written request, an

authorized agency official may make a

preliminary request by telephone and

follow up with a written request within

5 workdays.

§ 1260.72 Can White House originated

information be reclassified?

An agency may ask NARA to

temporarily close, re-review, and

possibly reclassify White House

originated information that has been

declassified in accordance with E.O.

12958 (or predecessor orders) only if it

has not been previously disclosed to the

public. The agency must follow the

same procedures as a request for

reclassification of agency originated

information in 36 CFR 1260.70, but it

must submit the request to the Assistant

Archivist for Presidential Libraries,

National Archives and Records

Administration, 8601 Adelphi Road,

College Park, MD 20740–6001.

§ 1260.74 Can NARA appeal a request to

reclassify information?

NARA may appeal to the Director of

the Information Security Oversight

Office any re-review or reclassification

request from an agency when, in the

Archivist’s opinion, the facts of

previous disclosure suggest that such

action is unwarranted or unjustified.

NARA will notify the requesting agency

that it is appealing the request at the

same time that it initiates the appeal.

Dated: May 26, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–13809 Filed 5–31–00; 8:45 am]

BILLING CODE 7515–01–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1280

RIN 3095–AA06

Public Use of NARA Facilities

AGENCY: National Archives and Records

Administration.

ACTION: Final rule.

SUMMARY: NARA is revising its

regulations for use of its facilities. This

rule entirely rewrites and reorganizes

this portion of NARA’s regulations to

incorporate several changes, and also to

clarify it using plain language. The

regulation has been updated to include

new rules for public use of the National

Archives at College Park, MD, and it

also lowers the age at which an

unaccompanied child can visit a NARA

facility from 16 to 14 years old. This

change conforms with an earlier

revision of 36 CFR part 1254 that

lowered the age at which an individual

can conduct research in NARA facilities

to 14 years old. This revised regulation

governs the public’s activity while on

NARA property; however, it does not

contain rules for conducting research at

NARA facilities. Those rules are found

in 36 CFR part 1254.

DATES: This rule is effective July 1,

2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard or Shawn Morton at (301)

713–7360.

SUPPLEMENTARY INFORMATION: NARA

published a notice of proposed

rulemaking on March 23, 2000 at 65 FR

15592. The comment period ended on

May 22, 2000. NARA received no public

comments.

Upon further consideration, we have

withdrawn the proposed provisions for

the use of the Exhibition Hall in the

National Archives Building for outside

events. Instead, we have modified

Subpart D to clarify that we allow

Federal, State, and local government

entities to use the Exhibition Hall for

official functions, with NARA as a

cosponsor, and that we may use the

Exhibition Hall for activities that further

the NARA Strategic Plan. No other

changes have been made to the rule.

Information Collections Subject to the

Paperwork Reduction Act

The information collections in

§§ 1280.48 and 1280.74 are subject to

the Paperwork Reduction Act. Under

this Act, no persons are required to

respond to a collection of information

unless it displays a valid OMB control

number. OMB has approved the

information collection in § 1280.48 with

the control number 3095–0040. OMB

has approved the information collection

in § 1280.74 with the control number

3095–0043.

This 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 rule will not

have a significant impact on a

substantial number of small entities

because this regulation will affect

individuals wishing to visit a NARA

facility, a small number of news

organizations wishing to film, and

organizations wishing to use NARA

public areas for events. This rule does

not have any federalism implications.

List of Subjects in 36 CFR Part 1280

Archives and records, Federal

buildings and facilities, Reports and

recordkeeping requirements.