NARA Reproduction Fees, 46145-46148 [E7-16233]

Download as PDF Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations Dated: August 14, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. 07–4042 Filed 8–14–07; 3:42 pm] vessels when a request to open is given. In order to facilitate the repairs to the pivot pier, the drawbridge must be kept in the closed-to-navigation position. This deviation allows the drawbridge to remain closed-to-navigation from 8 a.m., beginning November 1, 2007 for a maximum of 18 consecutive days. There are no alternate routes for vessels transiting this section of the Ouachita River. The Kansas City Southern Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 28.0 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. This temporary deviation has been coordinated with waterway users. No objections were received. BILLING CODE 5001–06–M DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD08–07–019] RIN 1625–AA09 Drawbridge Operation Regulation; Ouachita River, Louisiana Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ebenthall on PRODPC61 with RULES ACTION: SUMMARY: The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operations of the Kansas City Southern Railroad Drawbridge, Mile 167.1, Monroe, Louisiana across the Ouachita River. This deviation allows the bridge to remain closed-tonavigation from 8 a.m., beginning November 1, 2007 for up to 18 consecutive days. The deviation is necessary in order to finish repairs on the pivot pier and connect the navigation span to the pivot pier. DATES: This temporary deviation is effective from 8 a.m., November 1, 2007 until November 19, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at Room 2.107F in the Robert A. Young Federal Building, 1222 Spruce Street, St. Louis, MO 63103–2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The Bridge Administration Branch maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge Administrator, (314) 269–2378. SUPPLEMENTARY INFORMATION: The Kansas City Southern Railway Company requested a temporary deviation for the Kansas City Southern Railroad Drawbridge, Mile 167.1, Monroe, Louisiana across the Ouachita River in order to finish repairs to the pivot pier and connect the navigation span to the pivot pier. The Kansas City Southern Railroad Drawbridge currently operates in accordance with 33 CFR 117.5 which requires the drawbridge to open promptly and fully for the passage of VerDate Aug<31>2005 15:35 Aug 16, 2007 Jkt 211001 Dated: August 7, 2007. Roger K. Wiebusch, Bridge Administrator. [FR Doc. E7–16193 Filed 8–16–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. CGD09–07–109] Security Zone: Captain of the Port Sault Ste. Marie Zone Coast Guard, DHS. Notice of enforcement. AGENCY: ACTION: The Coast Guard is enforcing a security zone approximately one quarter mile on each side of the Mackinac Bridge in the Straits of Mackinac near Mackinaw City, MI. The purpose of this security zone is to protect pedestrians and vessels during the event from vessel to bridge collision. The security zone will place navigational and operational restrictions on all vessels transiting through the Straits area, under and around the Mackinac Bridge, located between Mackinaw City, MI, and St. Ignace, MI. DATES: This rule is effective from 6 a.m to 11:59 a.m. on September 3, 2007. FOR FURTHER INFORMATION CONTACT: LCDR Christopher R. Friese, Prevention Dept. Chief, Sector Sault Ste. Marie, 337 Water St, Sault Ste. Marie, MI 49783; (906) 635–3220. SUPPLEMENTARY INFORMATION: The Coast Guard is enforcing the permanent security zone in 33 CFR 165.928 for the Mackinac Bridge Walk on Labor Day, September 3, 2007. The following 46145 security zone is in effect for September 3, 2007: (1) Mackinac Bridge Walk. Location: All waters enclosed by a line connecting the following points: 45°50.763N: 084°43.731W, which is the northwest corner; then east to 45°50.705N: 084°43.04W, which is the northeast corner; then south to 45°47.242N: 084°43.634W, which is the southeast corner; then west to 45°47.30N: 084°44.320W, which is the southwest corner; then north to the point of origin. [DATUM: NAD 1983]. The zone described above includes all waters on either side of the Mackinac Bridge within one-quarter mile of the bridge. In order to ensure the safety of spectators and transiting vessels, this security zone will be in effect for the duration of the event. In the event that this security zone affects shipping, commercial vessels may request permission from the Captain of the Port Sault Ste. Marie to transit through the security zone. Requests must be made in advance and approved by the Captain of Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Sector Sault Ste. Marie on channel 16, VHF– FM. The Coast Guard will give notice to the public via a Broadcast to Mariners that the regulation is in effect. Dated: August 3, 2007. M.J. Huebschman, Captain, U.S. Coast Guard, Captain of Port Sault Ste. Marie. [FR Doc. E7–16205 Filed 8–16–07; 8:45 am] BILLING CODE 4910–15–P SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1258 RIN 3095–AB49 [FDMS Docket # NARA–07–0001] NARA Reproduction Fees National Archives and Records Administration (NARA). ACTION: Final rule. AGENCY: SUMMARY: NARA is revising its 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, and records filed with the Office of the Federal Register. The fees are being changed to reflect E:\FR\FM\17AUR1.SGM 17AUR1 46146 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations ebenthall on PRODPC61 with RULES current costs of providing the reproductions. This rule will affect the public and Federal agencies. DATES: Effective date: October 1, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301–837–1850 or fax at 301–837–0319. SUPPLEMENTARY INFORMATION: The proposed rule was originally published in the February 26, 2007, Federal Register (72 FR 8327) for a sixty day comment period. We notified several listservs and researcher organizations about this proposed rule and its availability on regulations.gov. We also posted a notice about the rule on our Web site, http://www.archives.gov, and in our research rooms. NARA received 1,281 timely comments on the proposed rule. We received 1,198 timely comments via regulations.gov and 83 timely comments by letter, fax, communications forwarded from Congressional offices, or other means. Comments received on or before 11:59 p.m. on April 27, 2007, were considered timely. NARA electronically scanned all comments submitted outside of www.regulations.gov and posted them to the proposed rule docket (NARA–07– 0001) at www.regulations.gov for public viewing. In this SUPPLEMENTARY INFORMATION section, we provide a summary of the provisions of the final rule with an explanation of the changes we have made in response to the comments on the proposed rule. We then summarize the public comments and the reasons for adopting or not adopting the recommendations in those comments in the section ‘‘Summary of Public Comments.’’ Changes Made in This Final Rule In response to public comments, we re-evaluated some of the assumptions used when preparing the proposed rule. Doing so allowed us to alter the formulas for calculating the costs for fixed fee reproductions and enabled us to lower the fee for copies of Civil War pension files from the proposed $125 for a full file regardless of page count to $75 for up to 100 pages. In cases where the number of pages in a pension file exceeds 100, NARA reference staff will contact the customer to advise on the number of remaining pages in the file and offer to produce a price quote for those pages at $0.65 (65 cents) per page. The customer then has the option of remitting payment for the remaining pages or declining to order them. These fees will also apply to post-Civil War pension files. We selected 100 pages as the limit for the $75 fee based on a further analysis VerDate Aug<31>2005 15:35 Aug 16, 2007 Jkt 211001 of Civil War pension file reproduction orders over the last several years. Orders averaged 106 pages because of the wide range in number of pages per individual order; however, more than 65% percent of the files ordered were 100 pages or less. Setting the number of pages at 100 allows the fee to cover the complete file for a majority of orders while minimizing the cost risk to NARA. We are able to reduce the per-page fee for copies beyond the first 100 pages because some of the overhead in making copies of the additional pages is avoided. We also lowered the fee for copies of pre-Civil War pension files from $60 to $50 regardless of page count. Pre-Civil War pension files are much more consistent in page count, particularly Revolutionary War pension files; we would be more likely to recover costs with a $50 fixed fee. The changed cost elements that contributed to our ability to reduce the pension file fixed fees were elimination of certain National Archives Trust Fund (Trust Fund) support for existing order fulfillment systems, curtailed savings for fulfillment system replacement, and adjustment to projected copy contractor costs. We received relatively few comments about other fixed fees, such as for land records or pension packets. We also received few comments on the other fee changes in the proposed rule. On that basis, we have made no other fee adjustments in this final rule. Summary of Public Comments Received Of the commenters who identified their profession or interest in NARA reproductions, about half identified themselves as genealogists or as researchers of their family history. Some of the latter individuals cited their affiliation with historical societies or hereditary organizations dependent on copies of certain NARA records to obtain new members or fulfill their mission. Almost every responsive comment objected to at least one of the proposed fees. The majority of comments protested the proposed fee for Civil War pension files. We heard from only a few self-identified academic researchers and commercial firms, who objected to the self-service and NARAmade proposed fees for electrostatic copies. Discussion of Adopted Comments for Fixed-Fee Reproductions A majority of commenters criticized the proposed $125 fee for copies of Civil War pension files, as mentioned earlier. Because the Civil War full pension files require the largest portion of PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 reproduction order resources, we reallocated our costs for those files compared to other records accordingly. The public comments led us to reconsider the $125 price and lower the fee increase as previously described. Comments Relating to NARA’s FixedFee Reproduction Costs Commenters challenged the proposed fees by comparing the cost to obtain a copy of a record from commercial duplication facilities, local and state governments, or other institutions. On the basis of such comparisons, some commenters said that NARA was falsifying or exaggerating costs to supplement funding for the agency or raising fees in order to discourage the public from ordering copies of records. Commenters said that most files should not take long to copy. NARA response: As indicated by preservation concerns stated in the proposed rule, the reproduction of archival materials cannot meaningfully be compared to the public use of automatic document feeder duplication equipment at high-volume commercial facilities. Furthermore, legal requirements relating to cost recovery and cost components at other institutions or local governments may vary considerably from those at NARA. The copying process for archival records, such as the 19th century pension files, includes separating documents having fasteners, placing non-standard sized documents on a copier’s glass platen, generating legible copies, and staff time to transport the file from the archival stack area to the copying contractor and refiling files in their proper places. We firmly reject allegations that the fees are being raised capriciously for the purpose of supplementing funding for the agency or reducing the number of reproduction orders received. The law does not permit the Archivist to make any profit from reproduction of records for the public. As explained in the proposed rule, the fees for reproduction of records in 36 CFR part 1258 are set under the Archivist’s authority in 44 U.S.C. 2116(c): ‘‘The Archivist may charge a fee set to recover the costs for making or authenticating copies or reproductions of materials transferred to his custody. Such fee shall 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 cost of equipment. Such fees shall be paid into, administered, and expended as a part of the National Archives Trust Fund* * *.’’ E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations As we clearly state in our Strategic Plan, NARA’s goal is to increase public access to our holdings, not artificially hold down the number of reproduction requests: ‘‘The records we hold belong to the public—our mission is to ensure the public can discover, use, and learn from the records of their Government.’’ ebenthall on PRODPC61 with RULES Comments Suggesting Digitization as an Alternative for Civil War Files Some commenters said that NARA should provide digital copies of the Civil War pension files; some suggested that NARA digitize on demand and email the copies, others that NARA provide online digital copies of all files. Commenters stressed that online digital copies would eliminate some of NARA’s cost considerations because staff would no longer be involved in providing the copies and the public would use their own equipment, paper, and toner to print copies. NARA Response: Digitization on demand would incur the same NARA costs as photocopying the records and NARA does not have funding for fullscale digitization of the many thousands of Civil War pension files. NARA has been exploring digitization partnerships over the past few years and considers the Civil War pension files prime candidates for digitization under a partnership. Nevertheless, the scope of such a project and the need to ensure appropriate archival handling of the fragile records during digitization means that there is no near-term alternative to the current process for fulfilling fixedfee order requests for reproductions of Civil War pension files. Comments Suggesting Fee Alternatives We received numerous comments recommending alternate methods of recovering NARA’s costs for fixed fee reproductions relating to the perception of fairness. Commenters who made such recommendations said that a $125 fee was unfair regardless of whether a Civil War pension file contained a few or 200 pages. Comments from those who mentioned digitization of the records are addressed in the previous section of this SUPPLEMENTARY INFORMATION and are not repeated here. Per page pricing. Numerous commenters said that charging a price per page copied was the fairest method of devising fees. Relatively few commenters stipulated what the perpage price should be, but of those who did, the price ranged from $0.25 to $1.00. Block pricing for a set number of pages. Although fewer in number, other commenters said that a set fee for up to a certain number of pages would be VerDate Aug<31>2005 15:35 Aug 16, 2007 Jkt 211001 more equitable. If a file contained more pages than the set fee allotted for that file type, a per-page fee would apply to those extra pages if the customer requested all the pages in the file. This alternative pricing is the basis for the fixed fee for full Civil War pension files in this final rule. Search fee. Several commenters said that NARA should charge a search fee for every reproduction request as a way to recover costs even when no file is found. No increases. Quite a few commenters said that the current fees were high enough. Among the arguments against any fee increases was that the cost of living increases for Social Security benefits and the inflation rate fall short of the percentage increases NARA proposed. No fee. Many of the commenters charged that their taxes already pay for NARA’s staff and copies. Others said that their taxes should cover those costs or argued that their ancestors’ military service and taxes already paid for the public’s right to free copies. Some commenters said that there should be no charge for copies of records relating to their ancestors and expressed that free copies were an entitlement. NARA Response: At first glance, fees set by a per page price seem the most fair. However, because NARA has to recover its costs regardless of pricing structure, the per page reproduction fee would rise above the $0.75 per page fee set out in the proposed rule. We calculated that if all the costs for our current fixed-fee records were allocated to the NARA-made costs, the per page price would exceed $1.00 per page. In other words, the fee for a Civil War pension file would likely rise to close to the $125 proposed fee for the majority of customers. Searches for records are covered by appropriations and as such, cannot be counted among our recoverable costs. Because of legal requirements regarding NARA’s recovery of costs for providing reproductions, we rejected comments that stipulated no increases in fees or no fees at all. NARA cannot continue to provide reproductions at existing rates or for free. To choose either approach would lead to rapid insolvency of the Trust Fund and eliminate NARA’s capability to provide reproductions. Other Comments Relating to Fees We also received comments that criticized various Federal government programs that commenters blamed for draining resources away from NARA; we considered these comments nonresponsive. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 46147 How do NARA’s costs for reproduction services differ from costs for other NARA services to the public? Some of NARA’s costs for reproduction services cover the administration of the fee collection, as stated in the proposed rule. The Trust Fund, which has its own authorizing legislation (44 U.S.C. 2307) from the U.S. Congress, performs that function for reproductions of NARA’s archival holdings. The Trust Fund pays for all copying equipment used to generate reproductions for the public and reimburses archival units for the staff time spent on the reproduction for records (including retrieval of records for copying). In order to continue to provide reproductions to the public, NARA must charge fees that cover these costs; otherwise, NARA cannot gain revenue to keep the Trust Fund operational. Paperwork Reduction Act NATF Forms 81 through 86 in this rule were previously approved by the Office of Management and Budget under the Paperwork Reduction Act and bear approval number 3095–0027 on the face of the forms. The proposed rule stated that NATF Form 85 required modification to separate Civil War pension file requests from those of other wars and that other forms are being modified only to update the stated fee, and invited public comment. All comments received addressed the fees, not the content or format of the forms. No comments were received on the information collection requirements. The forms expire April 30, 2008. This rule is not a significant regulatory action for the purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. As required by the Regulatory Flexibility Act, I certify that this rule will not have a significant impact on a substantial number of small entities because it affects individual researchers. This regulation does not have any federalism implications. This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. List of Subjects in 36 CFR Part 1258 Archives and records. I For the reasons set forth in the preamble, NARA amends part 1258 of title 36, Code of Federal Regulations, as follows: PART 1258—FEES 1. The authority citation for part 1258 continues to read as follows: I Authority: 44 U.S.C. 2116(c) and 2307. E:\FR\FM\17AUR1.SGM 17AUR1 46148 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations § 1258.4 What reproductions are not covered by the NARA fee schedule? 2. Amend § 1258.4 by revising paragraph (d) to read as follows: I * * * * (d) Reproduction of the following types of records using the specified order form: * Type of record Order form (1) Passenger arrival lists ..................................................................................................... (2) Federal Census requests ................................................................................................ (3) Eastern Cherokee applications to the Court of Claims .................................................. (4) Land entry records .......................................................................................................... (5) Full pension file more than 75 years old (Civil War and after), up to and including 100 pages. (6) Full pension file (pre-Civil War) ...................................................................................... (7) Pension documents packet (selected records) ............................................................... (8) Bounty land warrant application files .............................................................................. (9) Military service files more than 75 years old .................................................................. * * * * 3. Amend § 1258.10 by revising paragraph (a) to read as follows: I § 1258.10 policy? What is NARA’s mail order (a) There is a minimum fee of $15.00 per order for reproductions that are sent by mail to the customer. * * * * * I 4. Revise § 1258.12 to read as follows: § 1258.12 NARA reproduction fee schedule. Fee ebenthall on PRODPC61 with RULES Paper-to-paper copy made by the customer on a NARA self-service copier in the Washington, DC, area ............................................... Paper-to-paper copy made by the customer on a NARA self-service copier outside the Washington, DC, area (regional archives and Presidential libraries) .................... Paper-to-paper copy made by NARA Paper-to-paper copy made by NARA for full Civil War pension files (NATF Form 85) beyond the first 100 pages ..................................... Microfilm-to-paper copy made by the customer on a NARA self-service copier ............................................ Form Form Form Form Form 81 82 83 84 85 ............................................. ............................................. ............................................. ............................................. ............................................. $25.00 25.00 25.00 40.00 75.00 NATF NATF NATF NATF Form Form Form Form 85 85 85 86 ............................................. ............................................. ............................................. ............................................. 50.00 25.00 25.00 25.00 Dated: August 13, 2007. Allen Weinstein, Archivist of the United States. [FR Doc. E7–16233 Filed 8–16–07; 8:45 am] BILLING CODE 7515–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 (a) Certification: $15.00. (b) Electrostatic copying (in order to preserve certain records that are in poor physical condition, NARA may restrict customers to photographic or other kinds of copies instead of electrostatic copies): Service NATF NATF NATF NATF NATF date, we will charge the fees in effect at the time the order was received. * [EPA–R08–OAR–2007–0465; FRL–8453–5] Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Revised Denver and Longmont Carbon Monoxide Maintenance Plans, and Approval of Related Revisions Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Colorado. On September 25, 2006, the Governor’s 0.20 designee submitted revised carbon 0.75 monoxide (CO) maintenance plans for the Denver metropolitan and Longmont areas for the CO National Ambient Air 0.65 Quality Standard (NAAQS). These revised maintenance plans address maintenance of the CO standard for a 0.50 second ten-year period beyond redesignation, extends the horizon (c) Unlisted processes: For years, and contains revised reproductions not covered by this fee transportation conformity budgets. In schedule, see also § 1258.4. Fees for addition, Regulation No. 11, ‘‘Motor other reproduction processes are Vehicle Emissions Inspection Program,’’ computed upon request. and Regulation No. 13, ‘‘Oxygenated Fuels Program,’’ are removed from I 5. Revise § 1258.16 to read as follows: Denver’s and Longmont’s revised CO § 1258.16 Effective date. maintenance plans. EPA is approving The fees in this part are effective on Denver’s and Longmont’s revised CO October 1, 2007. If your order was maintenance plans, and the revised received by NARA before this effective transportation conformity budgets. In VerDate Aug<31>2005 15:35 Aug 16, 2007 $0.25 Jkt 211001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Fee addition, EPA is also approving the removal of Regulation No. 11 and Regulation No. 13 from Denver’s and Longmont’s revised CO maintenance plans. This action is being taken under section 110 of the Clean Air Act. DATES: This direct final rule is effective on October 16, 2007 without further notice, unless EPA receives adverse comment by September 17, 2007. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket Number EPA–R08– OAR–2007–0465, by one of the following methods: • http://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: videtich.callie@epa.gov and fiedler.kerri@epa.gov. • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Callie A. Videtich, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. • Hand Delivery: Callie A. Videtich, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R08–OAR–2007– 0465. EPA’s policy is that all comments received will be included in the public docket without change and may be made available at http:// E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46145-46148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16233]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

RIN 3095-AB49
[FDMS Docket  NARA-07-0001]


NARA Reproduction Fees

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NARA is revising its 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, and records filed with the Office of the Federal 
Register. The fees are being changed to reflect

[[Page 46146]]

current costs of providing the reproductions. This rule will affect the 
public and Federal agencies.

DATES: Effective date: October 1, 2007.

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

SUPPLEMENTARY INFORMATION: The proposed rule was originally published 
in the February 26, 2007, Federal Register (72 FR 8327) for a sixty day 
comment period. We notified several listservs and researcher 
organizations about this proposed rule and its availability on 
regulations.gov. We also posted a notice about the rule on our Web 
site, http://www.archives.gov, and in our research rooms. NARA received 
1,281 timely comments on the proposed rule. We received 1,198 timely 
comments via regulations.gov and 83 timely comments by letter, fax, 
communications forwarded from Congressional offices, or other means. 
Comments received on or before 11:59 p.m. on April 27, 2007, were 
considered timely. NARA electronically scanned all comments submitted 
outside of www.regulations.gov and posted them to the proposed rule 
docket (NARA-07-0001) at www.regulations.gov for public viewing.
    In this SUPPLEMENTARY INFORMATION section, we provide a summary of 
the provisions of the final rule with an explanation of the changes we 
have made in response to the comments on the proposed rule. We then 
summarize the public comments and the reasons for adopting or not 
adopting the recommendations in those comments in the section ``Summary 
of Public Comments.''

Changes Made in This Final Rule

    In response to public comments, we re-evaluated some of the 
assumptions used when preparing the proposed rule. Doing so allowed us 
to alter the formulas for calculating the costs for fixed fee 
reproductions and enabled us to lower the fee for copies of Civil War 
pension files from the proposed $125 for a full file regardless of page 
count to $75 for up to 100 pages. In cases where the number of pages in 
a pension file exceeds 100, NARA reference staff will contact the 
customer to advise on the number of remaining pages in the file and 
offer to produce a price quote for those pages at $0.65 (65 cents) per 
page. The customer then has the option of remitting payment for the 
remaining pages or declining to order them. These fees will also apply 
to post-Civil War pension files.
    We selected 100 pages as the limit for the $75 fee based on a 
further analysis of Civil War pension file reproduction orders over the 
last several years. Orders averaged 106 pages because of the wide range 
in number of pages per individual order; however, more than 65% percent 
of the files ordered were 100 pages or less. Setting the number of 
pages at 100 allows the fee to cover the complete file for a majority 
of orders while minimizing the cost risk to NARA. We are able to reduce 
the per-page fee for copies beyond the first 100 pages because some of 
the overhead in making copies of the additional pages is avoided.
    We also lowered the fee for copies of pre-Civil War pension files 
from $60 to $50 regardless of page count. Pre-Civil War pension files 
are much more consistent in page count, particularly Revolutionary War 
pension files; we would be more likely to recover costs with a $50 
fixed fee. The changed cost elements that contributed to our ability to 
reduce the pension file fixed fees were elimination of certain National 
Archives Trust Fund (Trust Fund) support for existing order fulfillment 
systems, curtailed savings for fulfillment system replacement, and 
adjustment to projected copy contractor costs.
    We received relatively few comments about other fixed fees, such as 
for land records or pension packets. We also received few comments on 
the other fee changes in the proposed rule. On that basis, we have made 
no other fee adjustments in this final rule.

Summary of Public Comments Received

    Of the commenters who identified their profession or interest in 
NARA reproductions, about half identified themselves as genealogists or 
as researchers of their family history. Some of the latter individuals 
cited their affiliation with historical societies or hereditary 
organizations dependent on copies of certain NARA records to obtain new 
members or fulfill their mission. Almost every responsive comment 
objected to at least one of the proposed fees. The majority of comments 
protested the proposed fee for Civil War pension files. We heard from 
only a few self-identified academic researchers and commercial firms, 
who objected to the self-service and NARA-made proposed fees for 
electrostatic copies.

Discussion of Adopted Comments for Fixed-Fee Reproductions

    A majority of commenters criticized the proposed $125 fee for 
copies of Civil War pension files, as mentioned earlier. Because the 
Civil War full pension files require the largest portion of 
reproduction order resources, we re-allocated our costs for those files 
compared to other records accordingly. The public comments led us to 
reconsider the $125 price and lower the fee increase as previously 
described.

Comments Relating to NARA's Fixed-Fee Reproduction Costs

    Commenters challenged the proposed fees by comparing the cost to 
obtain a copy of a record from commercial duplication facilities, local 
and state governments, or other institutions. On the basis of such 
comparisons, some commenters said that NARA was falsifying or 
exaggerating costs to supplement funding for the agency or raising fees 
in order to discourage the public from ordering copies of records. 
Commenters said that most files should not take long to copy.
    NARA response: As indicated by preservation concerns stated in the 
proposed rule, the reproduction of archival materials cannot 
meaningfully be compared to the public use of automatic document feeder 
duplication equipment at high-volume commercial facilities. 
Furthermore, legal requirements relating to cost recovery and cost 
components at other institutions or local governments may vary 
considerably from those at NARA. The copying process for archival 
records, such as the 19th century pension files, includes separating 
documents having fasteners, placing non-standard sized documents on a 
copier's glass platen, generating legible copies, and staff time to 
transport the file from the archival stack area to the copying 
contractor and refiling files in their proper places.
    We firmly reject allegations that the fees are being raised 
capriciously for the purpose of supplementing funding for the agency or 
reducing the number of reproduction orders received. The law does not 
permit the Archivist to make any profit from reproduction of records 
for the public. As explained in the proposed rule, the fees for 
reproduction of records in 36 CFR part 1258 are set under the 
Archivist's authority in 44 U.S.C. 2116(c):

    ``The Archivist may charge a fee set to recover the costs for 
making or authenticating copies or reproductions of materials 
transferred to his custody. Such fee shall 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 cost of equipment. Such 
fees shall be paid into, administered, and expended as a part of the 
National Archives Trust Fund* * *.''


[[Page 46147]]


As we clearly state in our Strategic Plan, NARA's goal is to increase 
public access to our holdings, not artificially hold down the number of 
reproduction requests: ``The records we hold belong to the public--our 
mission is to ensure the public can discover, use, and learn from the 
records of their Government.''

Comments Suggesting Digitization as an Alternative for Civil War Files

    Some commenters said that NARA should provide digital copies of the 
Civil War pension files; some suggested that NARA digitize on demand 
and e-mail the copies, others that NARA provide online digital copies 
of all files. Commenters stressed that online digital copies would 
eliminate some of NARA's cost considerations because staff would no 
longer be involved in providing the copies and the public would use 
their own equipment, paper, and toner to print copies.
    NARA Response: Digitization on demand would incur the same NARA 
costs as photocopying the records and NARA does not have funding for 
full-scale digitization of the many thousands of Civil War pension 
files. NARA has been exploring digitization partnerships over the past 
few years and considers the Civil War pension files prime candidates 
for digitization under a partnership. Nevertheless, the scope of such a 
project and the need to ensure appropriate archival handling of the 
fragile records during digitization means that there is no near-term 
alternative to the current process for fulfilling fixed-fee order 
requests for reproductions of Civil War pension files.

Comments Suggesting Fee Alternatives

    We received numerous comments recommending alternate methods of 
recovering NARA's costs for fixed fee reproductions relating to the 
perception of fairness. Commenters who made such recommendations said 
that a $125 fee was unfair regardless of whether a Civil War pension 
file contained a few or 200 pages. Comments from those who mentioned 
digitization of the records are addressed in the previous section of 
this SUPPLEMENTARY INFORMATION and are not repeated here.
    Per page pricing. Numerous commenters said that charging a price 
per page copied was the fairest method of devising fees. Relatively few 
commenters stipulated what the per-page price should be, but of those 
who did, the price ranged from $0.25 to $1.00.
    Block pricing for a set number of pages. Although fewer in number, 
other commenters said that a set fee for up to a certain number of 
pages would be more equitable. If a file contained more pages than the 
set fee allotted for that file type, a per-page fee would apply to 
those extra pages if the customer requested all the pages in the file. 
This alternative pricing is the basis for the fixed fee for full Civil 
War pension files in this final rule.
    Search fee. Several commenters said that NARA should charge a 
search fee for every reproduction request as a way to recover costs 
even when no file is found.
    No increases. Quite a few commenters said that the current fees 
were high enough. Among the arguments against any fee increases was 
that the cost of living increases for Social Security benefits and the 
inflation rate fall short of the percentage increases NARA proposed.
    No fee. Many of the commenters charged that their taxes already pay 
for NARA's staff and copies. Others said that their taxes should cover 
those costs or argued that their ancestors' military service and taxes 
already paid for the public's right to free copies. Some commenters 
said that there should be no charge for copies of records relating to 
their ancestors and expressed that free copies were an entitlement.
    NARA Response: At first glance, fees set by a per page price seem 
the most fair. However, because NARA has to recover its costs 
regardless of pricing structure, the per page reproduction fee would 
rise above the $0.75 per page fee set out in the proposed rule. We 
calculated that if all the costs for our current fixed-fee records were 
allocated to the NARA-made costs, the per page price would exceed $1.00 
per page. In other words, the fee for a Civil War pension file would 
likely rise to close to the $125 proposed fee for the majority of 
customers.
    Searches for records are covered by appropriations and as such, 
cannot be counted among our recoverable costs.
    Because of legal requirements regarding NARA's recovery of costs 
for providing reproductions, we rejected comments that stipulated no 
increases in fees or no fees at all. NARA cannot continue to provide 
reproductions at existing rates or for free. To choose either approach 
would lead to rapid insolvency of the Trust Fund and eliminate NARA's 
capability to provide reproductions.

Other Comments Relating to Fees

    We also received comments that criticized various Federal 
government programs that commenters blamed for draining resources away 
from NARA; we considered these comments nonresponsive.

How do NARA's costs for reproduction services differ from costs for 
other NARA services to the public?

    Some of NARA's costs for reproduction services cover the 
administration of the fee collection, as stated in the proposed rule. 
The Trust Fund, which has its own authorizing legislation (44 U.S.C. 
2307) from the U.S. Congress, performs that function for reproductions 
of NARA's archival holdings. The Trust Fund pays for all copying 
equipment used to generate reproductions for the public and reimburses 
archival units for the staff time spent on the reproduction for records 
(including retrieval of records for copying). In order to continue to 
provide reproductions to the public, NARA must charge fees that cover 
these costs; otherwise, NARA cannot gain revenue to keep the Trust Fund 
operational.

Paperwork Reduction Act

    NATF Forms 81 through 86 in this rule were previously approved by 
the Office of Management and Budget under the Paperwork Reduction Act 
and bear approval number 3095-0027 on the face of the forms. The 
proposed rule stated that NATF Form 85 required modification to 
separate Civil War pension file requests from those of other wars and 
that other forms are being modified only to update the stated fee, and 
invited public comment. All comments received addressed the fees, not 
the content or format of the forms. No comments were received on the 
information collection requirements. The forms expire April 30, 2008.
    This rule is not a significant regulatory action for the purposes 
of Executive Order 12866 and has not been reviewed by the Office of 
Management and Budget. As required by the Regulatory Flexibility Act, I 
certify that this rule will not have a significant impact on a 
substantial number of small entities because it affects individual 
researchers. This regulation does not have any federalism implications. 
This rule is not a major rule as defined in 5 U.S.C. Chapter 8, 
Congressional Review of Agency Rulemaking.

List of Subjects in 36 CFR Part 1258

    Archives and records.

0
For the reasons set forth in the preamble, NARA amends part 1258 of 
title 36, Code of Federal Regulations, as follows:

PART 1258--FEES

0
1. The authority citation for part 1258 continues to read as follows:

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

[[Page 46148]]


0
2. Amend Sec.  1258.4 by revising paragraph (d) to read as follows:


Sec.  1258.4  What reproductions are not covered by the NARA fee 
schedule?

* * * * *
    (d) Reproduction of the following types of records using the 
specified order form:

------------------------------------------------------------------------
            Type of record                    Order form           Fee
------------------------------------------------------------------------
(1) Passenger arrival lists..........  NATF Form 81............   $25.00
(2) Federal Census requests..........  NATF Form 82............    25.00
(3) Eastern Cherokee applications to   NATF Form 83............    25.00
 the Court of Claims.
(4) Land entry records...............  NATF Form 84............    40.00
(5) Full pension file more than 75     NATF Form 85............    75.00
 years old (Civil War and after), up
 to and including 100 pages.
(6) Full pension file (pre-Civil War)  NATF Form 85............    50.00
(7) Pension documents packet           NATF Form 85............    25.00
 (selected records).
(8) Bounty land warrant application    NATF Form 85............    25.00
 files.
(9) Military service files more than   NATF Form 86............    25.00
 75 years old.
------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  1258.10 by revising paragraph (a) to read as follows:


Sec.  1258.10  What is NARA's mail order policy?

    (a) There is a minimum fee of $15.00 per order for reproductions 
that are sent by mail to the customer.
* * * * *

0
4. Revise Sec.  1258.12 to read as follows:


Sec.  1258.12  NARA reproduction fee schedule.

    (a) Certification: $15.00.
    (b) Electrostatic copying (in order to preserve certain records 
that are in poor physical condition, NARA may restrict customers to 
photographic or other kinds of copies instead of electrostatic copies):

------------------------------------------------------------------------
                            Service                                Fee
------------------------------------------------------------------------
Paper-to-paper copy made by the customer on a NARA self-service    $0.25
 copier in the Washington, DC, area............................
Paper-to-paper copy made by the customer on a NARA self-service     0.20
 copier outside the Washington, DC, area (regional archives and
 Presidential libraries).......................................
Paper-to-paper copy made by NARA...............................     0.75
Paper-to-paper copy made by NARA for full Civil War pension         0.65
 files (NATF Form 85) beyond the first 100 pages...............
Microfilm-to-paper copy made by the customer on a NARA self-        0.50
 service copier................................................
------------------------------------------------------------------------

    (c) Unlisted processes: For reproductions not covered by this fee 
schedule, see also Sec.  1258.4. Fees for other reproduction processes 
are computed upon request.

0
5. Revise Sec.  1258.16 to read as follows:


Sec.  1258.16  Effective date.

    The fees in this part are effective on October 1, 2007. 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 13, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7-16233 Filed 8-16-07; 8:45 am]
BILLING CODE 7515-01-P