Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Proposed Rules 15137

List of Subjects in 16 CFR Part 425

Trade practices.

Authority: 15 U.S.C. 41–58.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 97–8064 Filed 3–28–97; 8:45 am]

BILLING CODE 6750–01–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1258

RIN 3095–AA71

NARA Reproduction Fee Schedule

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Notice of proposed rulemaking.

SUMMARY: NARA proposes to revise its

schedule of fees for reproduction of

records created by other Federal

agencies and transferred to the custody

of the Archivist of the United States;

donated historical materials;

Presidential records and Presidential

historical materials transferred to the

custody of the Archivist; and records

filed with the Office of the Federal

Register. The fees are being changed to

reflect current costs of providing the

reproductions. This rule will affect

members of the public and Federal

agencies who order reproductions from

NARA.

DATES: Comments must be received by

May 30, 1997.

ADDRESSES: Submit comments to the

Regulation Comment Desk (NPOL),

Room 4100, National Archives at

College Park, 8601 Adelphi Road,

College Park, MD 20740–6001.

Comments may also be faxed to

(301)713–7270.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard on (301) 713–7360.

SUPPLEMENTARY INFORMATION: The fees

for reproduction of records promulgated

in 36 CFR Part 1258 are set in

accordance with 44 U.S.C. 2116(c),

which requires that, to the extent

possible, NARA recover the actual cost

of making copies of records and other

materials transferred to the custody of

the Archivist of the United States. In

general, NARA has chosen to recoup

only the order handling labor, the direct

materials costs, shipping, and the labor

directly associated with making the

reproduction. The majority of these fees

were last revised in 1991 on the basis of

a cost study conducted in 1989 and

1990. That study concentrated on a few

‘‘typical’’ organizations in the

Washington, DC, area and applied the

resulting fees nationwide.

Since 1991, NARA costs have

increased because of higher materials

and shipping costs and mandatory cost

of living adjustments to staff salaries.

Changes in work processes from the

opening of the new Archives II facility,

use of vendor services for fulfillment of

textual and non-textual orders in the

Washington, DC, area, and a need to

better reflect reproduction processes at

our field locations required a

comprehensive review of the

reproduction process. In 1995, NARA

contracted with a nationally recognized

accounting firm to conduct a new fee

schedule study. The activity-based

costing (ABC) method was used for the

study, which surveyed all NARA

organizations involved in the

reproduction order process.

Based on recommendations in the

study, we propose to modify the way

that NARA charges for certain types of

reproductions. For electrostatic copies

of paper documents made by NARA

staff in the Washington, DC, area and

original camera microfilming, we

propose to use ‘‘blended’’ pricing, i.e., a

price per block of copies, rather than per

unit fees. This pricing structure is

intended to reduce the amount of time

spent by archival staff estimating the

number of pages to be copied when

preparing quotes for researchers and to

reduce the amount of time spent by the

Trust Fund staff in processing refunds

for overestimated copy counts and in

pursuing debt collection for

underestimated copy counts. We also

propose to sell copies of accessioned

microfilm by the roll, rather than by the

foot as we currently do, to eliminate the

need to measure the film before

preparing quotes and to make the

pricing structure parallel to the

microfilm publications program.

We propose to raise the minimum fee

for mail orders from $6 to $10 to better

cover the costs that are directly

associated with handling an order of

any size, including order tracking,

payment processing, and shipping. We

are deleting published fees for products

and services for which there has been

little demand in the past several years,

including technical service fees,

although fees will be computed upon

request as stated in paragraph

§ 1258.12(i).

We are retaining the current fees for

self-service paper-to-paper (10 cents per

copy) and microfilm-to-paper copies (25

cents per copy), which represent

approximately 42 percent of our

reproduction volume. While the new

fees for electrostatic copying done by

NARA staff are significantly higher than

the current fee, comparisons of NARA’s

fees to the prices charged by quick-copy

shops would be misleading. Due to the

fragile condition of our paper records

and the need to preserve them for future

use, NARA must forego the use of

certain automating features available for

today’s copiers. We have compared our

fees with those charged by similar

organizations: the Library of Congress,

the Georgia State Archives, and the

University of Maryland Interlibrary

Loan Program.

In general, our prices fall into the

same range as these organizations. Using

a mail order for 30 paper-to-paper

copies as an example, this would be the

cost to the customer at each

organization:

$15 at NARA ($10 for the first block

of 20 copies; $5 for each additional

block of 20 copies);

$15.50 at the Library of Congress ($10

for the first 25 copies; 50¢ for each

additional copy; $3 for each citation or

item handled);

$15 or $25 at the Georgia State

Archives (25¢ per copy with minimum

mail order amounts determined by

residency of the customer); and

$14.50 at the University of Maryland

Interlibrary Loan Program ($12.50 for

the first 20 copies; 20¢ for each

additional copy).

We have removed §§ 1258.2(c)(10)

and 1258.11 relating to fees for

reproduction of accessioned records in

response to Freedom of Information Act

(FOIA) requests as unnecessary. The

fees in § 1258.11 have always been

identical to the fees in § 1258.12 since

NARA has long held the position that

the fee provisions of the FOIA do not

apply to archival records, rather that our

specific fee statute (44 U.S.C. 2116(c))

serves as an alternative statute for fee

issues.

Finally, we propose to make this fee

schedule effective July 1, 1997, as we

indicate in proposed § 1258.16.

This proposed rule is not a significant

regulatory action for purposes of

Executive Order 12866 of September 30,

1993, and has not been reviewed by the

Office of Management and Budget. As

required by the Regulatory Flexibility

Act, it is hereby certified that this rule

will not have a significant impact on

small entities.

List of Subjects in 36 CFR 1258

Archives and records.

For the reasons set forth in the

preamble, NARA proposes to amend

chapter XII of title 36, Code of Federal

Regulations, as follows:
15138 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Proposed Rules

PART 1258—FEES

1. The authority citation for part 1258

continues to read as follows:

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

2. Section 1258.2 is amended by

revising paragraphs (c)(1)and (c)(3)

through (c)(5), adding paragraph

(c)(6)(v), and removing paragraph (c)(10)

to read as follows:

§ 1258.2 Applicability.

* * * * *

(c) * * *

(1) National Archives Trust Fund

Board publications, including microfilm

publications. Prices are available from

the Product Sales Section (NWPS), 700

Pennsylvania Ave., NW., Room G–9,

Washington, DC 20408.

* * * * *

(3) 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 Motion

Picture, Sound, and Video Branch

(NWDNM), 8601 Adelphi Rd., Room

3340, College Park, MD 20740–6001, or

from the Presidential library which has

such materials (see § 1253.3 of this

chapter for addresses).

(4) Electronic records. Information on

the availability of and prices for

duplication are available from the

Center for Electronic Records (NWRE),

8601 Adelphi Rd., Room 5320, College

Park, MD 20740–6001, or from the

Presidential library which has such

materials (see § 1253.3 of this chapter

for addresses).

(5) Still photography, including aerial

film, and oversize maps and drawings.

Information on the availability and

prices of reproductions of records held

in the Still Pictures Branch (NWDNS)

and the Cartographic and Architectural

Branch (NWDNC), both located at the

National Archives at College Park

facility, 8601 Adelphi Rd., College Park,

MD 20740–6001, and in the Presidential

libraries and regional records services

facility (see §§ 1253.3 and 1253.7 of this

chapter for addresses) should be

obtained from the unit which has the

original records.

(6) * * *

(v) Land entry records (order form

NATF 84)—$10.

* * * * *

3. The introductory text of § 1258.4(f)

is revised to read:

§ 1258.4 Exclusions.

* * * * *

(f) For records center records only:

* * * * *

4. Section 1258.10 is amended by

revising paragraph (a) to read:

§ 1258.10 Mail orders.

(a) There is a minimum fee of $10 per

order for reproductions which are sent

by mail to the customer.

* * * * *

§ 1258.11 [Removed]

5. Section 1258.11 is removed.

6. Section 1258.12 is amended by

revising paragraphs (a) through (f),

removing paragraph (g), and

redesignating paragraphs (h) and (i) as

paragraphs (g) and (h), respectively, to

read:

§ 1258.12 Fee schedule.

(a) Certification: $10.

(b) Electrostatic copying: (1) Paper-topaper copies (up to and including 11 in.

by 17 in.) made by the customer on a

NARA self-service copier: $0.10 per

copy.

(2) Paper-to-paper copies (up to and

including 11 in. by 17 in.) made by

NARA staff:

(i) At a Presidential library; at a

regional records services facility; and,

when ordered on a same-day ‘‘cash and

carry’’ basis, at a Washington, DC, area

facility: $0.50 per copy.

(ii) All other orders placed at a

Washington, DC, area facility: $10 for

the first 1–20 copies; $5 for each

additional block of up to 10 copies.

(3) Oversized electrostatic copies (per

linear foot): $2.50.

(4) Electrostatic copies (22 in. by 34

in.): $2.50.

(5) Microfilm or microfiche to paper

copies made by the customer on a

NARA self-service copier: $0.25.

(6) Microfilm or microfiche to paper

copies made by NARA staff: $1.75.

(c) Microfilm. (1) Original negative

microfilm (paper-to-microfilm): $10 for

the first 1–15 images; $14 for each

additional block of up to 20 pages.

(2) Direct duplicate copy of

accessioned microfilm: $34.00 per roll.

(3) Positive copy of accessioned

microfilm: $34.00 per roll.

(d) Diazo microfiche duplication (per

fiche): $2.10.

(e) Self-service video copying in the

Motion Picture, Sound and Video

Research Room: (1) Initial 90-min use of

video copying station with 120-minute

videocassette: $20.

(2) Additional 90-minute use of video

copying station with no videocassette:

$14.

(3) Blank 120-minute VHS

videocassette: $6.

(f) Self-service Polaroid prints: $9 per

print.

* * * * *

7. Section 1258.16 is revised to read:

§ 1258.16 Effective date.

The fees in § 1258.12 are effective on

July 1, 1997.

Dated: March 24, 1997.

John W. Carlin,

Archivist of the United States.

[FR Doc. 97–7898 Filed 3–28–97; 8:45 am]

BILLING CODE 7515–01–P

DEPARTMENT OF ENERGY

48 CFR Parts 915, 927, 952, and 970

RIN 1991–AB33

Revisions to Rights in Data

Regulations

AGENCY: Department of Energy.

ACTION: Proposed rule.

SUMMARY: The Department of Energy

(DOE) proposes to amend its

Acquisition Regulation to effect changes

to its rights in technical data regulations

to reflect a greater reliance upon the

rights in technical data coverage in the

Federal Acquisition Regulation and the

requirements relating to technology

transfer activities at certain DOE

laboratories.

DATES: Written comments must be

submitted no later than May 30, 1997.

ADDRESSES: Comments (three copies)

should be addressed to: Robert M.

Webb, U.S. Department of Energy,

Office of Procurement and Assistance

Management, Office of Policy, HR–51,

Room 8H–023, 1000 Independence

Avenue, SW., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Robert M. Webb, U.S. Department of

Energy, Office of Procurement and

Assistance Management, 1000

Independence Avenue, SW.,

Washington, D.C. 20585, (202) 586–

8264

Judson Hightower, U.S. Department of

Energy, Office of Assistant General

Counsel for Technology Transfer and

Intellectual Property, 1000

Independence Avenue, SW.,

Washington, D.C. 20585, (202) 586–

2813.

SUPPLEMENTARY INFORMATION:

I. Background.

II. Discussion.

III. Public Comments.

A. Consideration and Availability of

Comments.

B. Public Hearing Determination.

IV. Procedural Requirements.

A. Review Under Executive order 12866.

B. Review Under Executive order 12988.

C. Review Under the Regulatory Flexibility

Act.

D. Review Under the Paperwork Reduction

Act.