Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3859 

a.m., from May 15 to September 30 from 

10 p.m. to 6 a.m., and from 8 p.m. on 

December 24 until and including 6 a.m. 

on December 26 of every year; and shall 

open on signal at all other times. 

Dated: January 4, 2010. 

Wayne E. Justice, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2010–1264 Filed 1–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1130] 

RIN 1625–AA00 

Safety Zone; Baltimore Captain of Port 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

all navigable waters of the Captain of 

the Port Baltimore zone. The temporary 

safety zone restricts vessels from 

transiting the zone during the effective 

period, unless authorized by the Captain 

of the Port Baltimore, or his designated 

representative. This safety zone is 

necessary to protect mariners from the 

hazards associated with ice in the 

navigable waterway. 

DATES: This temporary interim rule is 

effective in the CFR on January 25, 2010 

until April 15, 2010. This temporary 

interim rule is enforceable with actual 

notice by Coast Guard personnel 

beginning on January 6, 2010. 

Comments and related material must 

reach the Coast Guard on or before 

February 24, 2010 or reach the Docket 

Management Facility by that date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–1130 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or e-mail Ronald L. 

Houck, Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–1130), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–1130’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

1130’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 


jlentini on DSKJ8SOYB1PROD with RULES
3860 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest. 

Immediate action is needed to mitigate 

the potential safety hazards associated 

with ice in the navigable waterway to 

life and property. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the unexpected nature 

and growth of ice formation in the 

Upper Chesapeake Bay and its 

tributaries and the Chesapeake and 

Delaware (C & D) Canal, the safety zone 

is necessary to protect life and property. 

Therefore a 30-day notice is 

impracticable. 

Background and Purpose 

During a moderate or severe winter, 

frozen waterways present numerous 

hazards to vessels. Ice in a waterway 

may hamper a vessel’s ability to 

maneuver, and could cause visual aids 

to navigation to be submerged, 

destroyed or moved off station. Ice 

abrasions and ice pressure could also 

compromise a vessel’s watertight 

integrity, and non-steel hulled vessels 

would be exposed to a greater risk of 

hull breach. 

When ice conditions develop to a 

point where vessel operations become 

unsafe, it becomes necessary to impose 

operating restrictions to ensure the safe 

navigation of vessels. A safety zone is a 

tool available to the Captain of the Port 

(COTP) to restrict and manage vessel 

movement when hazardous conditions 

exist. The COTP Baltimore is 

establishing a safety zone within all 

navigable waters of the COTP Baltimore 

zone that will restrict access to certain 

vessels meeting certain conditions 

specified. Those vessels prohibited from 

entering the safety zone will be 

specified via broadcast notice to 

mariners and marine safety information 

bulletins. 

Ice generally begins to form in the 

Upper Chesapeake Bay and its 

tributaries, including the C & D Canal, 

in late December or early January. 

During a moderate or severe winter, ice 

in navigable waters can become a 

serious problem, requiring the use of 

Federal, State and private ice breaking 

resources. The Commander, Coast 

Guard Sector Baltimore will use his 

COTP authority to promote vessel safety 

in ice-congested waters and the 

continuation of waterborne commerce 

throughout the cold weather months. 

Ice fields in the Upper Chesapeake 

Bay and its tributaries move with 

prevailing winds and currents. Heavy 

ice buildups can occur in the C & D 

Canal, from Town Point Wharf to Reedy 

Point. Other areas that are commonly 

affected by high volumes of ice are, the 

Elk River, Susquehanna River, Patapsco 

River, Nanticoke River, Wicomico River, 

Tangier Sound, Pocomoke River and 

Sound, and the Potomac River. Once ice 

buildup begins it can affect the transit 

of large ocean-going vessels. This 

regulation is intended to mitigate the 

threat ice in the COTP Baltimore zone 

poses to the maritime public. 

Discussion of Rule 

A safety zone is being established 

encompassing the COTP Baltimore 

Zone, as described in 33 CFR 3.25–15. 

The Captain of the Port Baltimore 

anticipates only having to enforce 

certain parts of the regulated area at 

certain times. The purpose of this 

regulation is to promote maritime safety, 

and to protect mariners transiting the 

area from the potential hazards due to 

ice conditions that become a threat to 

navigation. The COTP will notify the 

maritime community, via marine 

broadcasts, of the location and thickness 

of the ice as well as the ability of vessels 

to transit through the safety zone 

depending on the prevailing ice 

conditions. Prevailing ice conditions 

will be categorized as Condition One, 

Condition Two, or Condition Three. 

Ice Condition One is an emergency 

condition in which ice has largely 

covered the regulated area. Under these 

conditions, convoys may be required 

and restrictions based on shaft 

horsepower and vessel transit may be 

imposed by the COTP on certain vessels 

seeking to enter the safety zone. 

Ice Condition Two is an alert 

condition in which at least 2 inches of 

ice begins to form in the regulated area. 

The COTP Baltimore may impose 

restrictions, including but not limited 

to, those based on shaft horsepower and 

hull type restrictions for certain vessels 

seeking to enter the safety zone. 

Ice Condition Three is a readiness 

condition in which weather conditions 

are favorable for the formation of ice in 

the regulated area. Daily reports for the 

Coast Guard Stations and commercial 

vessels are monitored, and no 

limitations for vessels seeking to enter 

the zone based on vessel traffic, hull 

type or shaft horsepower are 

anticipated. 

Regulatory Analyses 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this regulation could 

hinder or prevent traffic from transiting 

the COTP Baltimore Zone, the effect of 

this regulation will not be significant 

because there is little vessel traffic 

associated with recreational boating and 

commercial fishing during the effective 

period. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to operate, transit or 

anchor in the regulated area, from 

January 6, 2010 until April 15, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities due 

to a lack of seasonal vessel traffic 

associated with recreational boating and 

commercial fishing during the effective 

period. Although the safety zone will 

apply to the entire COTP Baltimore 

Zone, the Captain of the Port Baltimore 

anticipates only having to enforce 

certain parts of the regulated area at 

certain times. Traffic will be allowed to 

pass through the zone with the 

permission of the COTP Baltimore. 

Also, the COTP will notify the maritime 

community, via marine broadcasts, of 

the location and thickness of the ice, as 


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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3861 

well as the ability of vessels to transit 

through the safety zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–1130 to 

read as follows: 

§ 165.T05–1130 Safety zone; Baltimore 

Captain of the Port Zone. 

(a) Regulated area. The following area 

is a safety zone: The navigable waters of 

the Captain of the Port Baltimore Zone, 

as described in 33 CFR 3.25–15. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23(d) of this part. 

(1) Vessels are prohibited from 

entering into or moving within the 

safety zone unless they meet the 

requirements set forth by the Captain of 

the Port (COTP) Baltimore for the 

prevailing ice conditions. Requirements 

for entry during periods when the safety 


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3862 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

zone is enforced will be described via 

Marine Safety Radio Broadcast on VHF– 

FM marine band radio, channel 22A 

(157.1 MHZ). Requirements may 

include, but are not limited to, the use 

of convoys, restrictions on shaft 

horsepower, and hull type restrictions, 

dependent on the prevailing ice 

conditions and vessel type. 

(2) Persons desiring to transit in the 

safety zone not meeting the 

requirements established by the COTP 

Baltimore must contact the COTP 

Baltimore or his designated 

representative at telephone number 

410–576–2693 or on VHF–FM channel 

16 (156.8 MHZ) to seek permission prior 

to transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

COTP Baltimore or his designated 

representative. 

(3) The Coast Guard vessels enforcing 

this safety zone can be contacted on 

VHF–FM marine band radio channel 16 

(156.8 MHZ). Upon being hailed by a 

U.S. Coast Guard vessel, or other 

Federal, State, or local agency vessel, by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. The COTP 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693. 

(4) The COTP Baltimore or his 

designated representative will notify the 

public of any changes in the status of 

this safety zone by Marine Safety Radio 

Broadcast on VHF–FM marine band 

radio channel 22A (157.1 MHZ). 

(c) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the safety zone 

described in paragraph (b) of this 

section. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State and local agencies. 

(e) Enforcement period. This section 

will be enforced from January 6, 2010 

until April 15, 2010. 

Dated: January 6, 2010. 

Mark P. O’Malley, 

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

Port Baltimore, Maryland. 

[FR Doc. 2010–1265 Filed 1–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1280 

[FDMS Docket NARA–09–003] 

RIN 3095–AB60 

Photography in Public Exhibit Space 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Final rule. 

SUMMARY: NARA has revised its 

regulations on the use of film, 

photographic and videotape equipment 

inside the National Archives Building in 

Washington, DC. Filming, 

photographing, and videotaping for 

personal use will be prohibited in 

exhibits of the National Archives 

Experience (NAE) in Washington, DC, 

including the Declaration of 

Independence, the Constitution and the 

Bill of Rights (known as the Charters of 

Freedom) in the Rotunda of the National 

Archives Building. In 2003 NARA 

installed exhibit cases for displaying the 

Charters and other NAE documents to 

provide better clarity for viewing the 

exhibits. NARA seeks to ensure the 

necessary protection for the documents 

from the cumulative effects of 

photographic flash and to enhance the 

overall visitor experience. 

DATES: This rule is effective February 

24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Redman at telephone number 

301–837–3174 or fax number 301–837– 

0319. 

SUPPLEMENTARY INFORMATION: On July 

31, 2009, NARA published a proposed 

rule in the Federal Register (74 FR 

38153) for a 60-day public comment 

period. This proposed rule banned all 

filming, photographing and videotaping 

for personal use in exhibit areas of the 

National Archives Experience (NAE) in 

Washington, DC. The public comment 

period closed on September 29, 2009. In 

response, NARA received comments 

from three private citizens. All three of 

the commenters were opposed to the 

proposed rule. 

Each of the commenters suggested 

that NARA install filters to the existing 

exhibit casing in order to protect the 

documents from damaging exposure to 

light sources. NARA used filters in 

earlier exhibit cases. Although, filters 

can remove high energy visible light and 

ultraviolet radiation, which are the most 

damaging light components, they do so 

by blocking some light in the blue and 

green part of the spectrum diminishing 

visibility of the display. NARA’s 2003 

renovations to the Rotunda included the 

removal of previously installed green 

filters to enhance the documents’ 

visibility and show the true colors of the 

documents thereby improving the 

visitors’ experience. For document 

protection, the National Archives now 

filters exhibit lighting at its source to 

remove all ultraviolet and high energy 

visible light. 

One commenter suggested that the 

inability to take photographs would 

create problems for tourists and 

professional photographers. To be clear, 

professional photographers and 

members of the media will continue to 

be permitted to take photographs and 

video footage of the exhibits and 

documents on display in the NAE with 

special permission and with available 

light, e.g. without the use of any flash 

or steady light source, just as they have 

been allowed to do in the past pursuant 

to 36 CFR 1280.52. This final rule 

applies only to the general public, who 

are the source of most photographic 

flash from either accidental or 

intentional action. 

Another comment submitted in 

response to the proposed rule 

questioned whether or not camera flash 

was truly harmful to documents. 

Current flash technology generally relies 

on halogen bulbs and the flash 

discharge contains a significant percent 

of ultraviolet radiation, a high energy 

radiation that can cause ink to fade and 

damage to paper and other supports. 

About a million visitors come to the 

National Archives exhibitions. The 

camera flashes that occur now, despite 

posted signs, add up to many thousands 

per year. We estimate 50,000 flash 

discharges in the Rotunda annually 

under present rules. The extra light and 

ultraviolet radiation from these flashes 

hastens damage to the documents. 

Several comments raised concerns 

about the enactment of the proposed 

rule on the quality of the visitor 

experience. One letter suggested that 

every American needs to be encouraged 

to visit and photograph the documents 

on display. Another suggested that 

NARA must make the documents 

accessible and available to the public, 

and that by prohibiting photography, 

NARA will make its exhibits less useful 

to tourists because they will no longer 

be able to record their memories. The 

commenter further claimed that visitors 

are forced to shuffle past the documents 

at a pace that ensures only a brief 

glimpse of the documents before being 

asked to move along. Without a 

photograph to fall back on, their visit to 

NAE will only be a blurry memory. 

NARA does not believe that this rule 

will create problems for tourists. The 

agency believes this rule creates a better 


jlentini on DSKJ8SOYB1PROD with RULES