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
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3863 

visitor experience. Importantly, in 2003, 

NARA completed a two year renovation 

of the Rotunda and constructed 

additional exhibit space at the same 

time. Since the rededication of the 

Rotunda six years ago, visitors are no 

longer forced to shuffle past the 

documents at a regimented pace as the 

commenter states. Rather, visitors are 

permitted to enter the Rotunda in small 

groups to view the documents in any 

order they wish for as long as they wish. 

This system permits individuals and 

families to study the documents and 

discuss their meaning while also 

permitting visitors with limited time to 

satisfy their curiosity with a quick 

glance. 

For the past five years, the staff has 

monitored the NAE’s informal visitor 

comment log as well as letters received 

from visitors requesting and demanding 

that NARA eliminate all photography. 

Comments such as these vastly 

outnumber those requesting permission 

for flash photography usage. The 

requests from visitors to eliminate 

photography usually ask us to do so for 

three reasons: the ultraviolet light is 

detrimental to the documents; visitors 

using cameras do not bother to look at 

or read the documents; and those taking 

photographs keep other visitors from 

viewing the exhibits as they use 

excessive amounts of time lining up and 

blocking people from intruding into 

their camera shot. 

The National Archives serves roughly 

a million visitors every year. During 

peak tourist season, the NAE can 

accommodate up to 4,500 each day. 

Over the past five years, the agency has 

monitored visitor traffic flow in the 

Rotunda of the NAE on a continual basis 

in an effort to improve the visitor 

experience. It has long been noted that 

visitors with cameras disrupt and 

dramatically slow down the flow of 

visitors and frustrate many of the eager 

visitors who are forced to wait to view 

our country’s founding documents. By 

eliminating all filming, photographing 

and videotaping by the public in the 

exhibit areas, NARA expects to 

eliminate delays, and provide its 

visitors with a more rewarding 

experience. For those visitors who wish 

to take home an image of the 

documents, the National Archives Shop 

has facsimiles of various sizes and price 

ranges available for purchase. NARA 

also provides visitors with the ability to 

access and print digital images of the 

documents from the Boeing Learning 

Center free of charge. Finally, NARA has 

posted high quality images of 

documents on display at the NAE on its 

Web site http://www.archives.gov; 

visitors can download or print these 

images from their personal computers at 

no cost. 

One final comment dealing with 

enforcement of the proposed rule 

suggested that any visitor with a 

photographic device on their person 

would be turned away and that 

overzealous security guards might 

subject visitors to harassment or bodily 

harm. NARA can assure this commenter 

that those hypothetical behaviors and 

policies will not happen. Visitors with 

photographic devices will be allowed to 

enter the building with their cameras, 

cell phones, and other photographic 

equipment. However, they will be met 

by appropriate signage and security 

personnel throughout the NAE to 

explain the ‘‘no photography’’ rule. In 

the event that a visitor makes the 

mistake of displaying or attempting to 

use a photographic device, they would 

first be warned that such behavior is not 

allowed. If, after they have received a 

warning, they continue to ignore the ‘‘no 

photography’’ rule they will be politely 

escorted from the building. 

List of Subjects in 36 CFR Part 1280 

Archives and records, Federal 

buildings and facilities. 

■ For the reasons set forth in the 

preamble, NARA amends part 1280 of 

title 36, Code of Federal Regulations, as 

follows: 

PART 1280—USE OF NARA 

FACILITIES 

■ 1. The authority citation for part 1280 

continues to read as follows: 

Authority: 44 U.S.C. 2102 notes, 2104(a), 

2112, 2903 

■ 2. Amend § 1280.46 by: 

■ a. Adding ‘‘and’’ to the end of 

paragraph (b)(1); 

■ b. Removing ‘‘; and’’ from the end of 

paragraph (b)(2) and adding a period in 

its place; and 

■ c. Redesignating paragraph (b)(3) as 

paragraph (c) and revising it to read as 

follows: 

§ 1280.46 What are the rules for filming, 

photographing, or videotaping on NARA 

property for personal use? 

* * * * * 

(c) You may not film, photograph, or 

videotape in any of the exhibit areas of 

the National Archives Building in 

Washington, DC, including the Rotunda 

where the Declaration of Independence, 

the Constitution, and the Bill of Rights 

are displayed. 

Dated: January 14, 2010. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2010–1331 Filed 1–22–10; 8:45 am] 

BILLING CODE 7515–01–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. RM 2009–3] 

Mandatory Deposit of Published 

Electronic Works Available Only 

Online 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Interim Rule. 

SUMMARY: The Copyright Office of the 

Library of Congress is adopting an 

interim regulation governing mandatory 

deposit of electronic works published in 

the United States and available only 

online. The regulation establishes that 

online–only works are exempt from 

mandatory deposit until a demand for 

deposit of copies or phonorecords of 

such works is issued by the Copyright 

Office. It also states that categories of 

online–only works subject to demand 

will first be identified in the regulations, 

and names electronic serials as the first 

such category for which demands will 

issue. In addition, the regulation sets 

forth the process for issuing and 

responding to a demand for deposit, 

amends the definition of a ‘‘complete 

copy’’ of a work for purposes of 

mandatory deposit of online–only 

works, and establishes new best edition 

criteria for electronic serials available 

only online. 

EFFECTIVE DATE: February 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Tanya M. Sandros, Deputy General 

Counsel, or Christopher Weston, 

Attorney Advisor, Copyright GC/I&R, 

P.O. Box 70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202)–707–8366. 

SUPPLEMENTARY INFORMATION: The 

fundamental goal of this rulemaking 

proceeding is to establish a qualified 

exemption from the mandatory deposit 

requirement of 17 U.S.C. 407 for works 

available only online. In July 2009, the 

Copyright Office published a Notice of 

Proposed Rulemaking in the Federal 

Register, 74 FR 34286 (July 15, 2009), 

seeking public comment on proposed 

amendments to its mandatory deposit 

regulations at 37 CFR 202.19 and 

202.24, and Appendix B of Chapter 37. 

The notice proposed an exemption from 


jlentini on DSKJ8SOYB1PROD with RULES