60862 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

§ 752.2 [Amended]

3. In 32 CFR 752.2(b), remove the

words ‘‘(Code 31), Navy Department,

200 Stovall Street, Alexandria, VA

22332–2400’’ and add, in their place,

the words ‘‘(Code 11), 1322 Patterson

Avenue SE, Suite 3000, Washington

Navy Yard, DC 20374–5066’’.

§ 752.3 [Amended]

4. In 32 CFR 752.3(a), remove the

word ‘‘(Admiralty)’’ and add, in its

place, the words ‘‘(Admiralty and

Maritime Law)’’ and remove the words

‘‘Commander Fleet Air, Carribean, for

damage to fishing equipment arising in

Culebra-Vieques waters, not to exceed

$3,000.’’

§ 752.5 [Amended]

5. In 32 CFR 752.5(b), remove the

words ‘‘Washington, DC 20362–5101’’

and add in their place ‘‘2531 Jefferson

Davis Highway, NC/3 Room 11E54,

Arlington, VA 22242–5160.’’

Dated: October 2, 2000.

C.G. Carlson,

Major, U.S. Marine Corps, Alternate Federal

Register, Liaison Officer.

[FR Doc. 00–26270 Filed 10–12–00; 8:45 am]

BILLING CODE 3810–FF–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1258

RIN 3095–AA87

NARA Reproduction Fee Schedule

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is revising its schedule

of fees for reproduction of records and

other materials in the custody of the

Archivist of the United States. This 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.

EFFECTIVE DATE: November 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard on (301)713–7360, ext.

226.

SUPPLEMENTARY INFORMATION: The

proposed rule was published in the

April 25, 2000, Federal Register (65 FR

24164) for a 60-day public comment

period. NARA announced the

availability of the proposed rule widely

and posted notices in its research rooms

nationwide. A copy of the proposed rule

was also posted on the NARA web site

for review.

Overview

NARA received over 285 timely

comments by mail, fax, and email to the

Comments, Inquire, and OIG Hotline

mailboxes. We considered multiple

comments from a single respondent

(e.g., to more than one NARA email

address or to provide additional

examples of concerns with specific

copiers) as a single timely comment. We

also received a number of Congressional

inquiries on behalf of constituents and

have considered those inquiries also.

Most of the comments were from

individuals, a number of whom

identified themselves as genealogists.

We received comments from 9

genealogical organizations, ranging in

scope from a local genealogy club in

California and a subordinate Grange

unit in Wisconsin to the Ohio Society of

the War of 1812 to the joint Federation

of Genealogical Societies/National

Genealogy Society Records Preservation

and Access Committee. We received

comments from several individuals who

identified themselves as professional/

academic historians.

In response to the comments, we have

modified the fees and process for

ordering pension files and clarified the

effective date of the final rule. In

addition, we have removed the fee for

diazo microfiche reproductions

(§ 1258.12(d) in the proposed rule).

There is no longer a need to include this

item in the fee schedule because we

have completed conversion of all of the

microfiche previously covered by the

fee schedule to products sold through

NARA’s microform publication

program. The fee for published

microfiche, unchanged since 1996, is

$4.25 per fiche. All other provisions in

the proposed Part 1258, including the

fees for other products specified in

§ 1258.12, are unchanged in this final

rule. Following is a discussion of the

major issues addressed in the

comments.

Magnitude of Increases for Fixed Fee

Orders

Comments: A large number of

respondents commented that the fee

increases for fixed fee (NATF 80 series)

orders would put them beyond their

reach and asked NARA to reconsider the

proposal. A recurring theme throughout

these comments was that many

genealogists are retired and on fixed

incomes. A number of respondents

voiced suspicion that NARA was

intentionally discouraging requests to

reduce its workload. Still others

questioned why NARA was raising

prices when the Federal Government

was reporting a budget surplus. The

Records Preservation and Access

Committee, which sought input from

the genealogical community before

developing their position, reported that

that the comments to the Committee

were ‘‘overwhelmingly negative’’ and

that the $40 fee for pension files was

‘‘almost universally condemned.’’ The

Committee’s experience also reflects the

comments NARA received directly.

Only a handful of respondents

supported the proposed fixed fee order

changes. The Records Preservation and

Access Committee and one individual

reluctantly supported the revised fees

because they are based on actual costs.

Several other individuals stated their

full support for the fees. Four

respondents in addition to the Records

Preservation and Access Committee said

that they could ‘‘live with’’ the

proposed $17–$17.75 fee for nonpension file fixed fee orders.

NARA response: The current fees for

fixed fee orders were last changed in

1991. Since that time, there have been

increases in salaries, equipment costs,

and postage, as well as changes in how

the orders are handled that account for

the additional costs. The order

fulfillment system, required as part of a

mandatory upgrade to our Trust Fund

accounting system to meet Government

financial accounting requirements and

to make the system Y2K compliant, and

use of a contractor to copy the records

are major differences in how orders are

handled.

We regret the need to increase fees for

providing copies of NARA records using

the fixed fee order forms and we

recognize that the amount of the

increase may cause a hardship for some

of our customers. A major component of

NARA’s mission is to provide

continuing access to our archival

holdings, and we do not want to

diminish access provided through

reproduction of the records. To provide

such access requires resources. As we

explained in the preamble to the

proposed rule, NARA does not receive

appropriations to provide copies of our

holdings for the public. The cost of

searching for files that are not found and

providing negative responses, however,

is funded by appropriations. Customers

who receive copies are not also

absorbing the cost for negative searches

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60863

and customers who receive negative

responses are not charged for NARA’s

effort.

NARA fees for reproduction of

records in 36 CFR Part 1258, including

these fixed fee orders, 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. The actual cost of making copies

of records in response to pension fixedfee orders includes materials and

equipment, order handling, shipping,

and the labor costs associated with

making the reproduction. A brief

description of these cost elements for a

copy of a full pension file follows.

Cost element Description

Materials ($0.08 per page copied from microfilm; $0.02 per page copied from paper).—Paper.

—Toner (microfilm reader-printer; included in rental costs copied for

fixed-fee paper-to-paper copiers).

Equipment ($0.027 per page copied from microfilm; $0.025 per page

copied from paper).

—Equipment rental or depreciation (over 5 years).

—Service maintenance agreement/repairs.

Order handling costs ($5.00 per pension file order) ................................ —Proportional share of the cost of the system to track orders from receipt through payment to shipping and close out.

—Costs associated with receiving and handling payments.

—Proportional share of the Trust Fund overhead costs to manage the

National Archives Trust Fund (e.g., policy, oversight, procurement

functions).

Shipping ($3.15 per full pension file order) .............................................. —Postage for bill notice and mailing reproductions.

—Envelopes for mailing.

Labor cost—NARA staff ($1.91 per pension file order) ........................... —Batch incoming requests for processing (we receive approximately

1,000 pension requests per week).

—Search and pull paper records from their boxes; for pension files,

there is an additional step of searching the pension index).

—Take paper records to the on-site contractor for reproduction.

—Reshelve paper records after copying.

—Supervisory oversight of the above processes.

Labor costs—contractor ($24.00 per full pension file order) ................... —Enter orders into the workflow system.

—Making copies of paper files.

—For records Revolutionary War pension records (which are on microfiche):

(1) Locating and mounting the correct microfiche on the reader

printer,

(2) Locating the correct frame(s) on the fiche, making the copies,

and removing the microfiche from the carrier, and

(3) Returning the microfiche to the storage cabinet.

—For all orders, packaging the orders for mailing.

Pension Files: Size of Files

Comments: We received a number of

comments questioning our statement

that the average pension file is

approximately 105 pages. While some of

the respondents may have confused

selected pension files or military service

files which they had received with full

pension files, many researchers who

had ordered a number of complete

pension files reported their experience

that the file size was generally 40–50

pages or less. The Sons of Union

Veterans of the Civil War stated that

none of their members had received a

pension file close to 102 pages.

NARA response: Because of the

number of comments on the size of files

and the level of concern that a requester

would be charged $40 for 20 or fewer

pages, NARA conducted a new 2-week

sample of all NATF 80 pension and

bounty land warrant orders copied by

the on-site contractor between June 16

and June 29, 2000. The 2-week sample

contained 1,338 files, and all pages in

each file were counted regardless of

whether the order was for the selected

file or remaining documents. Each side

that had writing on it was counted. If

the back was blank, it was not counted.

For this sample, we collected additional

information on the period of service for

which the pension was sought to allow

us to analyze the orders in greater

depth.

Our analysis showed that the size of

the pension file was affected by the

service time period. The Civil War and

post-Civil War period had the largest

number of orders and the greatest

variation in size of the file. Eighty-seven

percent of the orders in the sample were

for Civil War or post-Civil War

pensions; the size of these files ranged

from a low of 5 pages to 546 pages. Five

percent of the files from the Civil War/

post-Civil War period (60 files) had

more than 200 pages. In contrast, preCivil War pension files accounted for

only 2 percent of the total orders in the

sample period (25 files) and ranged from

4 pages to 111 pages. Eleven percent of

the orders in the sample were for

Revolutionary War records, which are

the only pension files serviced on

microfilm. The size of these files ranged

from a low of 5 pages to a maximum of

184 pages.

Because the new sample is larger and

more current than the sample on which

the proposed $40 fee for complete

pension files was based, we have used

the new sample as the basis for the

revisions to the fees for pension file

orders discussed later in this

SUPPLEMENTARY INFORMATION. We have

calculated the revised fees based on a

weighted composite order that includes

records from all three eras. The

weighting omits the highest and lowest

10 percent of the orders in the samples

to reduce the distortion in pricing that

their inclusion would cause. For paper

records (89 percent of the total files), we

used an order size of 66 pages. For

microfilm records (11 percent of the

total files), we used an order size of 26

pages.

Pension Files: All Pages in the File

Comments: A relatively small number

of respondents strongly endorsed the

proposal to copy all pages in a pension

file, and several respondents expressed

surprise that more people did not

realize they were not receiving the

entire file. The proposed fee for the full

file orders may have been the reason

60864 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

more researchers did not support the

proposal, but 13 respondents provided

other specific reasons why a partial file

at a lower fee is desirable. Several

comments stated that a full file is only

useful if it is for the right person. These

respondents noted that it is not always

possible to be sure of the identification

of the veteran when placing the order.

Another reason raised in five comments

was that the researcher might be seeking

only basic information. One respondent

had ordered 43 files in the past and only

needed the full pension file 3 or 4 times.

A professional genealogist, who

endorsed offering full files, also noted

that many people use the pension file

only as a supplementary source for

information on the veteran and his

family. Several respondents expressed

their views that the full pension file

contains duplicative or unimportant

materials.

Eighteen respondents recommended

that NARA offer an option for full or

partial pension files. Some of these

respondents suggested a variety of

alternatives including charging more for

expedited service, raising fees only for

customers who are not veterans,

charging a flat fee for a set number of

pages plus an additional charge per page

or increment of 10 pages, and

establishing a multi-tiered fee structure

based on whether records are available

on microfilm through other sources

such as the Family History Centers or if

NARA is the only source.

NARA response: We considered the

alternative pricing structures suggested

in the comments before deciding on the

approach to take. It is not feasible to

retain the current $10 fee for any

pension file order due to the cost

increases described earlier in the

SUPPLEMENTARY INFORMATION.

We are aware that copies of vital

records (birth, death, and marriage

records) are available on an expedited

basis from some states for an extra fee.

We currently allow expedited service

only for still pictures and motion

picture and video recordings among the

holdings of a Presidential library and

only if staff is available to handle the

order or the NARA contractor making

the reproduction can provide the

service. Given that the standard fee

cannot stay at $10 as the respondent

assumed, we do not believe that there

would be sufficient demand for

expedited handling of fixed fee orders to

warrant setting up special handling

procedures to accommodate it.

We also find no basis for charging

veterans less than other citizens for the

reproduction of pension files that are

not related to their own service.

Department of Defense regulations

govern furnishing copies of military

service records at the National

Personnel Records Center to veterans

and their immediate family members

because those records are still in the

legal custody of the Department. The

pension files ordered through the NATF

Form 85 are in NARA legal custody in

the National Archives of the United

States.

We carefully evaluated the proposals

for charging a flat search/order handling

fee plus a copying fee per page or per

increment of pages. These proposals

would add to the staff handling costs.

The pricing information on the number

of pages or increments would have to be

entered in the order processing/

fulfillment system for each order; the

staff would have to count the number of

pages and send a price quote to the

customer; and, when a response is

received, retrieve the file again for

copying. The proposals would also

increase the overall response time.

Fixed Fee Orders: Alternatives for

Reducing Costs

Comments: Some respondents

suggested ways that NARA might

reduce its costs to provide copies of

military service and pension files. A

number of respondents suggested that

NARA put key genealogical records on

the Internet. One respondent suggested

that NARA donate digital copies to

RootsWeb where the public could

download copies. While one respondent

acknowledged that it would be costly

for NARA to digitize the records, most

respondents did not address the cost to

scan the records or maintain them on

the NARA web site. Several encouraged

NARA to use volunteers to assist in the

process or to assist with scanning or

microfilming the records. One person

recommended that people rent the

Revolutionary War microfilm from a

Family History Center and make their

own copies. Three respondents urged

NARA to have the Church of Jesus

Christ of Latter Day Saints microfilm or

digitize the records and make the

records available through their Family

History Centers. Another three

respondents suggested privatizing the

service. One person suggested charging

a $5 research fee for all searches instead

of raising the reproduction fee.

NARA response: The suggestions

relating to microfilming or scanning the

records are not solutions that can be

implemented quickly to avoid raising

the fees for copies of military service

and pension files. We have worked with

both volunteers and private sector

partners on other microfilming and

digitizing projects, and plan to continue

this effort. Nevertheless, scanning or

microfilming the records is a very laborintensive, long-term effort, even if

volunteers or private-sector partners

were to do part or all of the work. The

records that NARA reproduces in

response to researcher requests are

different for each requester. NARA has

288 million pages of military pension

files that currently exist only in paper

and we would need significant

resources to convert these holdings to

electronic form.

In response to the suggestion that

individuals rent the Revolutionary War

microfilm and make their own copies,

we note that NARA microfilm

publications containing records of

genealogical interest, including many

military service records as well as

Revolutionary War pension records, are

widely available. NARA regional

records facilities and many large

libraries and genealogical societies have

all or some of the microfilm sets. In

addition, rolls of microfilm are available

to libraries and individuals through

NARA’s Microfilm Rental Program (see

http://www.nara.gov/publications/

microfilm/micrent.html).

The other suggestions would not

allow NARA to maintain the $10 fee.

NARA is very fortunate to have a large

corps of volunteers who provide

valuable services to help us carry out

our mission nationwide. We could use

volunteers to assist with aspects of the

fixed-fee order process at the National

Archives Building in Washington, DC,

but it is not possible to find enough

volunteers to replace NARA staff and

contractors to lower the costs to $10 per

order. As noted earlier in this preamble,

we do use a contractor in providing the

service but privatizing the service

would not reduce the cost. It is not

appropriate to charge $5 for each

negative research request in order to

offset the cost of positive responses. As

we stated previously, we do not charge

a fee when no file is found.

Fixed Fee Orders: Revised Pension File

Prices

After evaluating all of the comments

on the pension file proposal, we have

decided to offer researchers a choice

between reproduction of the complete

pension file and a pension documents

packet of up to 10 pages. Providing the

choice of the two reproduction packages

will allow NARA to measure the relative

demand for each reproduction package.

We still believe that providing the

complete pension file is the most

appropriate way to provide access to

these records when researchers are

unable to view the records on microfilm

or in person, but we need to further

evaluate how we can best provide this

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60865

service. In a future proposed rule we

will seek public comment on alternative

pricing structures.

For now, we are willing to continue

to provide an option for researchers to

obtain certain limited information that

is contained in most pension files if

they do not wish to order a complete file

or cannot afford the full file. The

pension documents package will not

contain the same range of documents

previously provided in the $10 fee. It

will contain, to the extent that these

documents are present in the file, eight

documents that contain genealogical

information about the pension

applicant. Not all of these documents

will be found in every file. The package

will include any of the following items

that are in the file:

1. Declaration of pension

2. Declaration of widow’s pension

3. Adjutant General statements of

service

4. Questionnaires completed by

applicants (numbered forms)

5. ‘‘Pension Dropped’’ cards

6. Marriage certificates

7. Death certificates

8. Discharge certificate

We will not provide a count of the

remaining pages; if a researcher wishes

to obtain a full pension file after

reviewing the selected package, he or

she will need to order the complete file.

If the entire pension file is no more than

the 10 pages, we will mark the order

‘‘Complete file provided.’’ Based on our

sample, this should occur in no more

than 2 percent of the orders. So that

customers are not misled that the

selected documents constitute the entire

file, we will include with the copies an

explanation that the entire file contains

more information.

The fee for a complete pension file

under the new fee schedule is $37.00.

The fee for the selected documents

packet is $14.75. The new NATF Form

85 will be used to order either a

complete pension file or a selected

pension documents packet or a bounty

land warrant file. As we stated in the

proposed rule, the bounty land warrant

file should be ordered only when there

is no pension file.

Researchers who review military

service files and pension files in person

at the National Archives Building will

continue to be able to copy whatever

selected pages they want from the file at

a self-service copier.

Pricing Structure for Other Fixed Fee

Orders

We specifically invited public

comment on our planned pricing

structure for separate fees for each of the

different types of fixed fee orders versus

a blended fee that applied to all fixed

fee orders except pension files. We

received only one comment on this

issue, which supported the blended fee.

Because customers did not express a

strong preference, we have decided to

retain the separate fees for each type of

fixed fee order.

Self-Service Copying: Cost of Copies

Comments: Several respondents

commented directly on the proposed

nickel increase in the fee for self-service

copying. A number of respondents

compared the cost of NARA’s selfservice copies to lower prices available

at local copy centers or libraries.

NARA response: Comparing the fees

for NARA’s nationwide self-service

copying program with those charged by

a commercial copy center is misleading.

The fees for self-service copying of

archival records include more than just

the cost of the paper, toner, and copier

equipment. In addition to these two

components, NARA costs that must be

recovered include staff oversight of selfservice copying and Trust Fund

overhead/cashier costs.

NARA self-service copiers use

primarily legal or ledger size paper at a

cost of approximately 2 cents per page

for paper and toner. These costs reflect

the quantity discounts that we are able

to obtain based on our volume. Our

equipment costs average almost 4 cents

per page for paper-to-paper copiers and

almost 19 cents per page for microfilmto-paper copiers. These higher

equipment costs result from the

variation in volume from facility to

facility and our commitment to provide

self-service copying in all of our

facilities. Although very high-volume

self-service copiers in the Washington,

DC, area, account for 79.6 percent of the

4.9 million self-service electrostatic

copies made, our 10 Presidential

libraries and 13 regional archives each

have at least one paper-to-paper copier

available. All regional archives and

several libraries have at least one

microfilm reader-printer. The costs of

copier equipment in all of these field

facilities must be shared across fewer

copies per facility. (The self-service

copier costs discussed here reflect costs

for 64 paper-to-paper copiers and 46

microfilm reader-printers used in selfservice operations nationwide. The

materials and equipment costs cited

earlier for fixed-fee pension orders are

for the specific copiers used in the

fixed-fee operation.)

NARA is one of the few archives in

the world that permits large-scale selfservice copying. We are able to offer this

service because of the staff oversight of

the copying operation. Before a

researcher is allowed to copy paper

records, the records must be reviewed

by a NARA staff member in the research

room to ensure that none of the records

are fragile or otherwise unsuitable for

self-service copying, and that

declassified records are properly

marked with the declassification

information. These staff costs and the

staff time spent maintaining the

equipment and supplies are also

recovered through the fees for selfservice copies. In the Washington, DC,

area, our Trust Fund cashier staff

process customer payments and service

the debit card dispensers. In the field,

archival staff handle customer

payments. Additionally, a proportional

share of the Trust Fund overhead,

described previously, is allocated to

self-service copying.

Self-Service Copying: Service Issues

Comments: Most of the comments on

self-service copying addressed the poor

quality of copies and problems with

self-service equipment, particularly in

the Washington, DC, area. One

respondent recommended that NARA

install self-service oversize copiers at its

College Park, MD and regional facilities.

NARA response: We are very aware

that the current copiers at the

Washington area facilities have their

drawbacks. Beginning two years ago, we

installed digital copiers for self-service

copying. While these have worked very

well in enhancing poor quality

microfilm, they have proved to be too

sensitive to variations in poor quality

paper originals. To address the

problems with paper to paper copiers,

we are in the process of replacing digital

copiers in the Washington area with

more durable analog copiers that are

easier to maintain. We are also replacing

older microfilm reader-printers and the

book scanner in FY 2001. The newer

versions of these machines take

advantage of the simplified process of

printing to a digital laser printer, and

should prove less prone to mechanical

breakdowns. We are in the process of

upgrading the microfilm reader-printers

in all of our regional archives, replacing

the older reader-printers with digital

equipment.

We carefully considered the

suggestion to provide an oversize copier

at the College Park facility and the field

facilities, but concluded that oversize

copiers are not appropriate for selfservice use. In addition to space and

low demand considerations in the

regional research rooms, our archival

reference and preservation staff had

serious concerns that oversize maps and

other large documents can be more

60866 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

vulnerable to damage during copying.

Moreover, these copiers are more

complicated to use and, if something

should break, more difficult to repair.

Effective Date

We received several questions about

what fees would apply to orders that

had been received but not filled by

NARA when the new fee schedule is

effective. We have clarified the effective

date in § 1258.16 to specify that the new

fees will apply to orders that are

received on or after the effective date of

the final rule, and not to work that is in

process.

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 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 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. 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.

For the reasons set forth in the

preamble, NARA revises part 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.

§ 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. This fee is to be

‘‘fixed by the Archivist at a level which

will recover, so far as practicable, all

elements of such costs and may, in the

Archivist’s discretion, include

increments for the estimated

replacement costs of equipment.’’ The

fees collected for reproductions are to be

paid into and expended as part of the

National Archives Trust Fund.

(b) 44 U.S.C. 2307 authorizes the

Archivist of the United States, as

Chairman of the National Archives

Trust Fund Board, to sell copies of

microfilm publications at a price that

will cover their cost, plus 10 percent.

§ 1258.2 What does the NARA

reproduction fee schedule cover?

The NARA reproduction fee schedule

in § 1258.12 covers reproduction of:

(a) NARA archival records, donated

historical materials, Presidential

records, and Nixon Presidential

historical materials except as otherwise

provided in §§ 1258.4 and 1258.6. Some

reproduction services listed in § 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.

§ 1258.4 What reproductions are not

covered by the NARA fee schedule?

The following categories are not

covered by the NARA fee schedule in

§ 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:

Type of record and order form Price

(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 form NATF Form 83) ................................................................... 17.50

(4) Land entry records (order form NATF 84) ..................................................................................................................................... 17.75

(5) Bounty land warrant application files (order form NATF Form 85) ............................................................................................... 17.25

(6) Pension files more than 75 years old (order form NATF Form 85)—complete file ...................................................................... 37.00

(7) Pension documents packet (order form NATF Form 85) .............................................................................................................. 14.75

(8) Military service files more than 75 years old (order form NATF Form 86) ................................................................................... 17.00

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60867

(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.

§ 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

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).

§ 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.

§ 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.

§ 1258.12 NARA reproduction 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):

Service Fee

(1) Paper-to-paper copies (up to and including 11 in. by 17 in.) made by the customer on a NARA self-service copier ................ 1$0.15

(2) Paper-to-paper copies (up to and including 11 in. by 17 in.) made by NARA staff ..................................................................... 10.50

(3) Oversized electrostatic copies ....................................................................................................................................................... 22.70

(4) Electrostatic copies (22 in. by 34 in.) ............................................................................................................................................ 12.70

(5) Microfilm or microfiche to paper copies made by the customer on a NARA self-service copier ................................................. 10.30

(6) Microfilm or microfiche to paper copies made by NARA staff ...................................................................................................... 11.90

1Per copy.

2Per linear foot.

(c) Original negative microfilm (paper-to-microfilm): $0.70 per image.

(d) Self-service video copying in the Motion Picture, Sound and Video Research Room:

60868 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

Service Fee

(1) Initial 90-min use of video copying station with 120-minute videocassette .................................................................................. $9.75

(2) Additional 90-minute use of video copying station with no videocassette .................................................................................... 6.25

(3) Blank 120-minute VHS videocassette ........................................................................................................................................... 3.50

(e) Self-service Polaroid prints: $5.75

per print.

(f) Unlisted processes: For

reproductions not covered by this fee

schedule, see also § 1258.4. Fees for

other reproduction processes are

computed upon request.

§ 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.

§ 1258.16 Effective date.

The fees in this part are effective on

November 13, 2000. If your order was

received by NARA before this effective

date, we will charge the fees in effect at

the time the order was received.

Dated: August 23, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–26310 Filed 10–12–00; 8:45 am]

BILLING CODE 7515–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 00–347]

Inflation Adjustment of Maximum

Forfeiture Penalties

AGENCY: Federal Communications

Commission

ACTION: Final rule.

SUMMARY: This document increases the

maximum monetary forfeiture penalties

available to the Commission under its

rules governing monetary forfeiture

proceedings to account for inflation.

The inflationary adjustment is necessary

to implement the Debt Collection

Improvement Act of 1996, which

requires federal agencies to adjust ‘‘civil

monetary penalties provided by law’’ at

least once every four years. The increase

covers the period from the last

adjustment on June 1995, to June 1999.

During that period, the Consumer Price

Index (‘‘CPI’’) increased by 9.02%. The

CPI increase was applied to each

maximum penalty, and then rounded

using the statutorily defined rules to

adjust each maximum monetary

forfeiture penalty accordingly. The base

forfeiture amounts in the Commission’s

rules remain unchanged by this rule

revision.

DATES: Effective November 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Thomas Spavins, Enforcement Bureau,

Technical and Public Safety Division,

202–418–1739.

SUPPLEMENTARY INFORMATION: This is a

summary of the Order by the

Commission, FCC 00–347, adopted on

September 14, 2000, and released on

September 19, 2000. The complete text

of this Order is available for inspection

and copying during normal business

hours in the FCC Reference Information

Center, Courtyard Level, 445 12th

Street, SW., Washington, DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., at 202–857–3800, CY–B400, 445

12th Street, SW., Washington, DC.

This Order amends § 1.80(b) of the

Commission’s rules by increasing the

maximum monetary forfeiture penalties

available to the Commission. The Order

adjusts the maximum forfeiture

penalties to account for the increase in

the Consumer Price Index between June

1995 and June 1999, as required by the

Debt Collection Improvement Act of

1996, 28 U.S.C. 2461, and as defined in

§ 1.80(b)(5) of the Commission’s rules.

In addition to amending § 1.80(b) of the

Commission’s rules, the Order also

deletes some obsolete or duplicative

material. The Order does not affect the

forfeiture base amounts specified in

§ 1.80(b)(4) of the Commission’s rules.

As the Order simply implements the

requirements of § 1.80(b)(5) and updates

associated text, the Commission finds

good cause to conclude that notice and

comment procedures of the

Administrative Procedure Act are

unnecessary. 5 U.S.C. 553(b)(3)(B).

Since a general notice of proposed

rulemaking is not required, the

Regulatory Flexibility Act does not

apply. 5 U.S.C. 601 et seq.

The actions taken in the Order have

been analyzed with respect to the

Paperwork Reduction Act of 1995, and

found to impose no new or modified

reporting and record keeping

requirements or burdens on the public.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure, Penalties.

Federal Comunications Commission.

William F. Caton,

Deputy Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 1 as

follows:

PART 1—PRACTICE AND

PROCEDURE

Subpart A—General Rules of Practice

and Procedure

Miscellaneous Proceedings

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 325(e).

2. Section 1.80 is amended by:

(a) Revising paragraphs (b)(1) through

the text of paragraph (b)(4) preceding

the table.

(b) Revising the first paragraph and

Section III of the note to paragraph

(b)(4).

(c) Revising paragraph (b)(5)(iii)

including the table.

The revisions read as follows:

§ 1.80 Forfeiture proceedings.

* * * * *

(b) Limits on the amount of forfeiture

assessed. (1) If the violator is a

broadcast station licensee or permittee,

a cable television operator, or an

applicant for any broadcast or cable

television operator license, permit,

certificate, or other instrument of

authorization issued by the

Commission, except as otherwise noted

in this paragraph, the forfeiture penalty