[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Rules and Regulations]
[Pages 8279-8280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3162]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

[FDMS Docket <greek-i> NARA-07-0002]
RIN 3095-AB49


NARA Reproduction Fees

AGENCY: National Archives and Records Administration (NARA).

ACTION: Interim final rule; request for comments.

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SUMMARY: NARA is revising its regulations relating to reproduction of 
records and other materials in the custody of the Archivist of the 
United States. We have determined that it is not appropriate to include 
in those regulations the reproduction of records of other Federal 
agencies stored in NARA Federal records centers that are not in our 
legal custody. This interim final rule will affect individuals and 
Federal agencies who request copies of Federal agency records in NARA 
Federal records centers.

DATES: This interim final rule is effective May 29, 2007. Comments on 
this interim final rule must be received by April 27, 2007 at the 
address shown below. NARA intends to publish any changes to the rule 
resulting from this comment period before the May 29, 2007 effective 
date.

ADDRESSES: NARA invites interested persons to submit comments on this 
interim final rule. Comments may be submitted by any of the following 
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Fax: Submit comments by facsimile transmission to 301-837-0319.
    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.
    Hand Delivery or Courier: Deliver comments to 8601 Adelphi Road, 
College Park, MD.

FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1850 
or fax at 301-837-0319.

SUPPLEMENTARY INFORMATION: Elsewhere in the Proposed Rules section of 
today's

[[Page 8280]]

Federal Register, NARA is proposing to revise the reproduction fee 
schedule in 36 CFR part 1258 to reflect the current costs of providing 
copies of archival records. In the past, NARA has applied the fee 
schedule in Sec.  1258.12 to our records center holdings when the 
agency that owns the records did not have a separate fee schedule.
    NARA provides records storage services at the Federal Records 
Center Program (FRCP) national and regional records centers on a 
reimbursable basis to Federal agencies. The FRCP charges the agencies 
for the use of the space, retrieving and refiling records, and other 
administrative matters related to agency records. The records of other 
agencies stored in Federal records centers still belong to the agencies 
that created and maintained them, and NARA provides public access to 
those records only as authorized by the owning agency.
    As a fully reimbursable program, FRCP must recover all costs for 
making copies of agency records from the agency or the agency's 
customer. Because we are providing copies in accordance with the owning 
agency's instructions, the agency, not NARA, must determine the extent 
to which the costs will be borne by the agency or the agency's 
customer. Thus, it is not appropriate to include the records center 
program in the fee schedule set forth in part 1258.
    This interim final rule is not a significant regulatory action for 
the purposes of Executive Order 12866 and has not 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 it affects 
individual researchers. This regulation does not have any federalism 
implications. This rule is not a major rule as defined in 5 U.S.C. 
Chapter 8, Congressional Review of Agency Rulemaking.

List of Subjects in 36 CFR Part 1258

    Archives and records.

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For the reasons set forth in the preamble, NARA amends part 1258 of 
title 36, Code of Federal Regulations, as follows:

PART 1258-FEES

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1. The authority citation for part 1258 continues to read as follows:

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


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2. Amend Sec.  1258.2 by removing paragraph (b) and redesignating 
paragraph (c) as paragraph (b) to read as follows:


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

* * * * *
    (b) Records filed with the Office of the Federal Register.

    Dated: February 20, 2007.
Allen Weinstein,
Archivist of the United States.
 [FR Doc. E7-3162 Filed 2-23-07; 8:45 am]
BILLING CODE 7515-01-P