Nixon Administration Presidential Historical Materials, 12007-12011 [2016-05149]

Download as PDF Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations State County Fee/acre/yr Eureka ................ Humboldt ............ Lander ................ Lincoln ................ Lyon ................... Mineral ............... Nye ..................... Pershing ............. Storey ................. Washoe .............. White Pine .......... * * * 4.98 7.63 5.72 22.38 16.89 3.30 16.47 7.18 295.52 6.27 6.29 * * Issued: March 2, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2016–05100 Filed 3–7–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0147] Drawbridge Operation Regulation; Mianus River, Greenwich, CT Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Metro-North Bridge across the Mianus River, mile 1.0, at Greenwich, Connecticut. This deviation is necessary to allow the bridge owner to perform superstructure repairs and timber ties replacement. DATES: This deviation is effective from 8 a.m. on March 21, 2016 to 8 a.m. on June 27, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0147] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514–4330, email judy.k.leung-yee@uscg.mil. SUPPLEMENTARY INFORMATION: The Metro-North Bridge, mile 1.0, across the Mianus River, has a vertical clearance in the closed position of 20 feet at mean high water and 27 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.209. asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 The waterway is transited by seasonal recreational traffic. Connecticut DOT requested a temporary deviation from the normal operating schedule to perform superstructure repairs and timber ties replacement at the bridge. Under this temporary deviation, the Metro-North Bridge will operate according to the schedule below: a. From March 21, 2016 8 a.m. to March 25, 2016 4 a.m. the bridge will not open to marine traffic. b. From March 25, 2016 4 a.m. to March 28, 2016 8 a.m. the bridge will open fully on signal upon 24 hour advance notice. c. From March 28, 2016 8 a.m. to April 01, 2016 4 a.m. the bridge will not open to marine traffic. d. From April 01, 2016 4 a.m. to April 04, 2016 8 a.m. the bridge will open fully on signal upon 24 hour advance notice. e. From April 04, 2016 8 a.m. to April 08, 2016 4 a.m. the bridge will not open to marine traffic. f. From April 08, 2016 4 a.m. to April 11, 2016 8 a.m. the bridge will open fully on signal upon 24 hour advance notice. g. From April 11, 2016 8 a.m. to April 15, 2016 4 a.m. the bridge will not open to marine traffic. h. From April 15, 2016 4 a.m. to April 18, 2016 8 a.m. the bridge will open fully on signal upon 24 hour advance notice. (Rain dates/Back up dates) a. From June 13, 2016 8 a.m. to June 17, 2016 4 a.m. the bridge will not open to marine traffic. b. From June 17, 2016 4 a.m. to June 20, 2016 8 a.m. the bridge will open fully on signal upon 24 hour advance notice. c. From June 20, 2016 8 a.m. to June 24, 2016 4 a.m. the bridge will not open to marine traffic. d. From June 24, 2016 4 a.m. to June 27, 2016 8 a.m. the bridge will open fully on signal upon 24 hour advance notice. Vessels able to pass under the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterways through our Local Notice and Broadcast to Mariners of the change in operating schedule for the bridge so that vessel operations can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 12007 operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: March 2, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2016–05076 Filed 3–7–16; 8:45 am] BILLING CODE 9110–04–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1275 [FDMS No. NARA–16–0004; NARA–2016– 019] RIN 3095–AB86 Nixon Administration Presidential Historical Materials National Archives and Records Administration (NARA). ACTION: Direct final rule. AGENCY: NARA is amending this regulation to update provisions in accord with recent developments, including completed processing of the five chronological tape segments, as required by section 6 of the Kutler settlement agreement. The changes are primarily administrative and focus on changes to certain access and notice provisions currently in the regulations, as well as minor word and sentence changes in line with Plain Language Act provisions. Because NARA has completed the requirements of the Kutler Settlement agreement, we are removing it as an appendix to this part. DATES: This rule is effective April 7, 2016, without further action, unless NARA receives adverse comments by March 28, 2016. If NARA receives an adverse comment, it will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments on this rule, identified by RIN 3095– AB86, by any of the following methods: D Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. D Email: Regulation_comments@ nara.gov. Include RIN 3095–AB86 in the subject line of the message. D Mail (for paper, disk, or CD–ROM submissions): Send comments to: Regulations Comments Desk (External Policy Program, Strategy & Performance Division (SP)); Suite 4100; National Archives and Records Administration; 8601 Adelphi Road; College Park, MD 20740–6001. SUMMARY: E:\FR\FM\08MRR1.SGM 08MRR1 12008 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations D Hand delivery or courier: Deliver comments to front desk at 8601 Adelphi Road, College Park, MD, addressed to: Regulations Comments Desk, External Policy Program; Suite 4100. For information or questions about the regulation and the comments process, contact Kimberly Keravuori, External Policy Program Manager, by email at regulation_comments@nara.gov, or by telephone at 301.837.3151. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Regulatory Analysis Review Under Executive Orders 12866 and 13563 Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (September 30, 1993), and Executive Order 13563, Improving Regulation and Regulation Review, 76 FR 23821 (January 18, 2011), direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This rule is not ‘‘significant’’ under section 3(f) of Executive Order 12866 because it proposes to make only minor administrative revisions. The Office of Management and Budget (OMB) has reviewed this regulation. Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) asabaliauskas on DSK3SPTVN1PROD with RULES This review requires an agency to prepare an initial regulatory flexibility analysis and publish it when the agency publishes the rule. This requirement does not apply if the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities (5 U.S.C. 603). NARA certifies, after review and analysis, that this rule will not have a significant adverse economic impact on small entities because it makes only minor administrative changes to the rule and the rule governs how people may access these records, which does not impact small entities. Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain information collection activities that are subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 Review Under Executive Order 13132, Federalism, 64 FR 43255 (August 4, 1999) Review under Executive Order 13132 requires that agencies review regulations for Federalism effects on the institutional interest of states and local governments, and, if the effects are sufficiently substantial, prepare a Federal assessment to assist senior policy makers. This rule will not have any direct effects on State and local governments within the meaning of the Executive Order. Therefore, this regulation does not require a Federalism assessment. List of Subjects in 36 CFR Part 1275 Access, Information, Presidential records. For the reasons stated in the preamble, NARA revises 36 CFR part 1275 to read as follows: PART 1275—PRESERVATION AND PROTECTION OF AND ACCESS TO THE PRESIDENTIAL HISTORICAL MATERIALS OF THE NIXON ADMINISTRATION Sec. Subpart A—General Provisions 1275.1 Scope and purpose. 1275.14 Legal custody. 1275.16 Definitions. Subpart B—Preserving and Protecting Materials 1275.20 Responsibility. 1275.22 Security. Subpart C—Special Access to Materials 1275.30 Access by designees or assignees of former President Nixon. 1275.32 Access by Federal agencies. 1275.34 Access for use in judicial proceedings. Subpart D—Public Access to Materials 1275.42 Processing. 1275.44 Segregating and reviewing. 1275.46 Transfer of private or personal materials. 1275.48 Restriction of materials related to abuses of governmental power. 1275.50 Restriction of materials of general historical significance unrelated to abuses of governmental power. 1275.52 Periodic review of restrictions. 1275.54 Appeal of restrictions. 1275.56 Deleting restricted portions. 1275.58 Requests for declassification. 1275.60 Freedom of information Act (FOIA) requests. Authority: 44 U.S.C. 2104, 2111 note. Subpart A—General Provisions § 1275.1 Scope and purpose. This part implements title I of the Presidential Recordings and Materials Preservation Act (PRMPA, 44 U.S.C. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 2111 note) with respect to the Presidential historical materials of the Richard M. Nixon Administration (covering the period beginning January 20, 1969, and ending August 9, 1974). This part applies to all Nixon Presidential historical materials in the custody of the Archivist of the United States pursuant to the PRMPA, and prescribes policies and procedures by which the National Archives and Records Administration (NARA) preserves, protects, and provides access to them. § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of the Nixon Administration held pursuant to the provisions of title I of the Presidential Recordings and Materials Preservation Act. § 1275.16 Definitions. As used in part 1275, the following definitions apply: (a) Presidential historical materials. The term Presidential historical materials (also referred to as historical materials and materials) means all papers, correspondence, documents, pamphlets, books, photographs, films, motion pictures, sound and video recordings, machine-readable media, plats, maps, models, pictures, works of art, and other objects or materials made or received by former President Richard M. Nixon or by members of his staff in connection with his constitutional or statutory powers or duties as President and retained or appropriate for retention as evidence of or information about these powers or duties. Included in this definition are materials relating to the political activities of former President Nixon or members of his staff, as well as matters relating to President Nixon’s private political associations that have no connection with the constitutional or statutory powers or duties of the President or a member of his staff. Excluded from this definition are documentary materials of any type that are determined to be the official records of an agency of the Government; private or personal materials; stocks of publications, processed documents, and stationery; and extra copies of documents produced only for convenience or reference when they are clearly so identified. (b) Private or personal materials. The term private or personal materials means those papers and other documentary or commemorative materials in any physical form relating solely to the personal and family issues of President Nixon, his family, and his E:\FR\FM\08MRR1.SGM 08MRR1 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations friends and that have no connection with his constitutional or statutory powers, or duties of the President or any member of the President’s staff. (Materials relating to private political associations, including matters relating to the Republican Party and election campaigns, that have been donated to NARA by the Richard Nixon Library and Birthplace Foundation pursuant to a 2007 deed of gift are excluded from this definition.) (c) Abuses of governmental power popularly identified under the generic term ‘‘Watergate.’’ The term abuses of governmental power popularly identified under the generic term ‘‘Watergate’’ (also referred to as abuses of governmental power), means those alleged acts, whether or not corroborated by judicial, administrative, or legislative proceedings, which allegedly were conducted, directed, or approved by President Richard M. Nixon, his staff, or persons associated with him in his constitutional or statutory functions as President, or as political activities directly relating to or having a direct effect upon those functions, and which: (1) Were within the purview of the charters of the Senate Select Committee on Presidential Campaign Activities or the Watergate Special Prosecution Force; or (2) Are described in the Articles of Impeachment adopted by the House Committee on the Judiciary and reported to the House of Representatives for consideration in House Report No. 93–1305. (d) General historical significance. The term general historical significance means having administrative, legal, research, or other historical value as evidence of or information about the constitutional or statutory powers or duties of the President, which an archivist has determined is of a quality sufficient to warrant the retention by the United States of materials so designated. (e) Archivist. The term Archivist means the Archivist of the United States or the Archivist’s designated agent. The term archivist means an employee of NARA who, by education or experience, is specially trained in archival science. (f) Agency. The term agency means an executive department, military department, independent regulatory or non-regulatory agency, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government including the Executive Office of the President. For purposes of § 1275.32 only, the term agency also includes the White House Office. VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 (g) Staff. The term staff means those people whose salaries were paid fully or partially from appropriations to the White House Office or Domestic Council; who were detailed on a nonreimbursable basis to the White House Office or Domestic Council from any other Federal activity; who otherwise were designated as assistants to the President, in connection with their service in that capacity; or whose files were sent to the White House Central Files Unit or Special Files Unit, for purposes of those files. (h) Classified national security information. The term classified national security information means any matter which is designated as classified under applicable law, or under E.O. 13526, Classified National Security Information (December 29, 2009), or its successors. Subpart B—Preserving and Protecting Materials § 1275.20 Security. The Archivist is responsible for providing adequate security for the Presidential historical materials, and for establishing access procedures. Subpart C—Special Access to Materials § 1275.30 Access by designees or assignees of former President Nixon. In accordance with subpart B of this part, former President Richard M. Nixon’s designated or assigned agent(s) at all times have access to Presidential historical materials in the custody and control of the Archivist. § 1275.32 Access by Federal agencies. In accordance with subpart B of this part, any Federal agency in the executive branch has access for lawful Government use to the Presidential historical materials in the custody and control of the Archivist to the extent necessary for ongoing Government business. The Archivist will consider only written requests from heads of agencies or departments, deputy heads of agencies or departments, or heads of major organizational components or functions within agencies or departments. § 1275.34 Access for use in judicial proceedings. In accordance with subpart B of this part, and subject to any rights, defenses, or privileges which the Federal PO 00000 Government or any person may invoke, the Presidential historical materials in the custody and control of the Archivist will be made available for use in any judicial proceeding and are subject to subpoena or other lawful process. Subpart D—Public Access to Materials § 1275.42 Processing. The archivists will conduct archival processing of all closed materials to prepare them for public access. In processing the materials, the archivists will give priority to segregating private or personal materials and transferring them to their proprietary or commemorative owners in accordance with § 1275.46. In conducting such archival processing, the archivists will restrict portions of the materials pursuant to §§ 1275.48 and 1275.50. All materials will be prepared for public access and released subject to restrictions or outstanding claims or petitions seeking such restrictions. Responsibility. The Archivist is responsible for the preservation and protection of the Nixon Presidential historical materials. § 1275.22 12009 Frm 00009 Fmt 4700 Sfmt 4700 § 1275.44 Segregating and reviewing. (a) During the processing period described in § 1275.42, the Archivist will assign archivists to segregate private or personal materials, as defined in § 1275.16(b). The archivists have sole responsibility for the initial review and determination of private or personal materials. At all times when the archivists or other authorized officials have access to the materials in accordance with these regulations, they will take all reasonable steps to minimize the degree of intrusion into private or personal materials. Except as provided in these regulations, the archivists or other authorized officials will not disclose to any person private or personal or otherwise restricted information learned as a result of their activities under these regulations. (b) During the processing period described in § 1275.42, the Archivist will assign archivists to segregate materials neither relating to abuses of governmental power, as defined in § 1275.16(c), nor otherwise having general historical significance, as defined in § 1275.16(d). The archivists have sole responsibility for the initial review and determination of those materials which are not related to abuses of governmental power and do not otherwise have general historical significance. (c) During the processing period described in § 1275.42, the Archivist will assign archivists to segregate materials subject to restriction, as prescribed in §§ 1275.48 and 1275.50. The archivists have sole responsibility for the initial review and determination E:\FR\FM\08MRR1.SGM 08MRR1 12010 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations of materials that should be restricted. The archivists insert a notification of withdrawal at the front of the file folder or container affected by the removal of restricted material. The notification includes a brief description of the restricted material and the basis for the restriction as prescribed in §§ 1275.48 and 1275.50. § 1275.46 Transfer of private or personal materials. (a) The Archivist will transfer sole custody and use of those materials determined to be private or personal, or to be neither related to abuses of governmental power nor otherwise of general historical significance, to Richard Nixon’s heirs or to the former staff member who created the materials having primary proprietary or commemorative interest in the materials, or to their heir, designee, or assignee. Such materials include all segments of the original tape recordings that have been or will be identified as private or personal. (b) Materials determined to be neither related to abuses of governmental power nor otherwise of general historical significance, and transferred pursuant to paragraph (a) of this section, will upon such transfer no longer be deemed Presidential historical materials as defined in § 1275.16(a). degree of national security classification that may be applicable to any of the materials to be examined; and (4) The Archivist has determined that the heads of agencies having subject matter interest in the material do not object to the granting of access to the materials; and (5) The requester has signed a statement, which declares that the requester will not publish, disclose, or otherwise compromise the classified material to be examined and that the requester has been made aware of Federal criminal statutes which prohibit the compromise or disclosure of this information. (c) The Archivist will restrict access to any portion of materials determined to relate to abuses of governmental power when the release of those portions would constitute a clearly unwarranted invasion of personal privacy or constitute libel of a living person: Provided, That if material related to an abuse of governmental power refers to, involves, or incorporates such personal information, the Archivist will make available such personal information, or portions thereof, if such personal information, or portions thereof, is essential to an understanding of the abuses of governmental power. asabaliauskas on DSK3SPTVN1PROD with RULES § 1275.48 Restriction of materials related to abuses of governmental power. § 1275.50 Restriction of materials of general historical significance unrelated to abuses of governmental power. (a) The Archivist will restrict access to materials determined during the processing period to relate to abuses of governmental power, as defined in § 1275.16(c), when: (1) Ordered by a court; (2) The release of the materials would violate a Federal statute; or (3) The materials are authorized under criteria established by executive order to be kept secret in the interest of national defense or foreign policy, provided that any question as to whether materials are in fact properly classified or are properly subject to classification will be resolved in accordance with the applicable executive order or as otherwise provided by law. (b) However, the Archivist may waive these restrictions when: (1) The requester is engaged in a historical research project; or (2) The requester is a former Federal official who had been appointed by President Nixon to a policymaking position and who seeks access to only those classified materials which he originated, reviewed, signed, or received while in public office; and (3) The requester has a security clearance equivalent to the highest (a) The Archivist will restrict access to materials determined during the processing period to be of general historical significance, but not related to abuses of governmental power, under one or more of the circumstances specified in § 1275.48(a). (b) The Archivist will also restrict access to materials of general historical significance, but not related to abuses of governmental power, when the release of these materials would: (1) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential; or (2) Constitute a clearly unwarranted invasion of personal privacy of a living person; or (3) Disclose investigatory materials compiled for law enforcement purposes, but only when the disclosure of such records would: (i) Interfere with enforcement proceedings; (ii) Deprive a person of a right to a fair trial or an impartial adjudication; (iii) Constitute an unwarranted invasion of personal privacy; (iv) Disclose the identity of a confidential source who furnished VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 information on a confidential basis, and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, confidential information furnished by a confidential source; (v) Disclose techniques and procedures for law enforcement investigations or prosecutions, or disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (vi) Endanger the life or physical safety of any individual. § 1275.52 Periodic review of restrictions. The Archivist periodically will assign archivists to review materials placed under restriction by § 1275.48 or § 1275.50 and to make available for public access those materials which, with the passage of time or other circumstances, no longer require restriction. § 1275.54 Appeal of restrictions. The Nixon Presidential Library controls the Nixon Presidential historical materials. Upon petition of any researcher who claims in writing to the library director that the restriction of specified materials is inappropriate and should be removed, the archivists will submit the pertinent materials, or representative examples of them, to the library director. The library director reviews the restricted materials, and consults with interested Federal agencies as necessary. To the extent these consultations require the transfer of copies of materials to Federal officials outside NARA, the library director will comply with the requirements of § 1275.32. As necessary and practicable, the library director will also seek the views of any person whose rights or privileges might be adversely affected by a decision to open the materials. The library director prepares a final written decision as to the continued restriction of all or part of the pertinent materials. The library director’s decision constitutes the final administrative determination. The library director will notify the petitioner and other interested people of the final administrative determination within 60 calendar days following receipt of such petition. § 1275.56 Deleting restricted portions. The Archivist will provide a requester any reasonably segregable portions of otherwise restricted materials after NARA deletes the portions which are restricted under § 1275.48 or § 1275.50. E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations § 1275.58 Requests for declassification. § 1275.60 Freedom of Information Act (FOIA) requests. (a) The Archivist will process Freedom of Information Act (FOIA) requests for access to only those materials within the Presidential historical materials that are identifiable by an archivist as records of an agency as defined in § 1275.16(f). The Archivist will process these requests in accordance with the FOIA regulations set forth in 36 CFR part 1250, NARA Records Subject to FOIA. (b) In order to allow NARA archivists to devote as much time and effort as possible to the processing of materials for general public access, the Archivist will not process those FOIA requests where the requester can reasonably obtain the same materials through a request directed to an agency (as defined in § 1275.16(f)), unless the requester demonstrates that he or she has unsuccessfully sought access from that agency or its successor in law or function. Dated: March 2, 2016. David S. Ferriero, Archivist of the United States. [FR Doc. 2016–05149 Filed 3–7–16; 8:45 am] BILLING CODE 7515–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2014–0194; FRL–9942–24] Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et al.; Tolerance Actions; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: EPA issued a document in the Federal Register of November 20, 2015, concerning the removal of the entry ‘‘Rice, straw’’ from the table in 40 CFR 180.361(a). EPA subsequently issued a document in the Federal Register of December 21, 2015, which redesignated 40 CFR 180.361(a) as 40 CFR 180.361(a)(1). This document corrects the document published on November 20, 2015, to remove the entry ‘‘Rice, straw’’ from the table in paragraph (a)(1). asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Mar 07, 2016 Jkt 238001 This final rule correction is effective May 18, 2016. DATES: Challenges to the classification and requests for the declassification of national security classified materials are governed by the provisions of 36 CFR part 1256, subpart E, as that may be amended from time to time. FOR FURTHER INFORMATION CONTACT: 12011 List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. Dated: February 25, 2016. Susan Lewis, Director, Registration Division, Office of Pesticide Programs. SUPPLEMENTARY INFORMATION: [FR Doc. 2016–04765 Filed 3–7–16; 8:45 am] BILLING CODE 6560–50–P I. General Information A. Does this action apply to me? The Agency included in the November 20, 2015 document a list of those who may be potentially affected by this action. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2014–0922; FRL–9942–18] B. How can I get copies of this document Zoxamide; Pesticide Tolerances and other related information? AGENCY: Environmental Protection The dockets for this action, identified Agency (EPA). by docket identification (ID) number ACTION: Final rule. EPA–HQ–OPP–2014–0194 are available at http://www.regulations.gov or at the SUMMARY: This regulation establishes Office of Pesticide Programs Regulatory tolerances for residues of zoxamide in or Public Docket (OPP Docket) in the on the tomato subgroup 8–10A, the Environmental Protection Agency small, vine climbing fruit, except fuzzy Docket Center (EPA/DC), West William kiwifruit, subgroup 13–07F, the Jefferson Clinton Bldg., Rm. 3334, 1301 tuberous and corm vegetable subgroup Constitution Ave. NW., Washington, DC 1C and ginseng. Interregional Research 20460–0001. The Public Reading Room Project Number 4 (IR–4) requested these is open from 8:30 a.m. to 4:30 p.m., tolerances under the Federal Food, Monday through Friday, excluding legal Drug, and Cosmetic Act (FFDCA). holidays. The telephone number for the DATES: This regulation is effective Public Reading Room is (202) 566–1744, March 8, 2016. Objections and requests and the telephone number for the OPP for hearings must be received on or Docket is (703) 305–5805. Please review before May 9, 2016, and must be filed the visitor instructions and additional in accordance with the instructions information about the dockets available provided in 40 CFR part 178 (see also at http://www.epa.gov/dockets. Unit I.C. of the SUPPLEMENTARY INFORMATION). II. What does this correction do? ADDRESSES: The docket for this action, The final rule in the Federal Register identified by docket identification (ID) of November 20, 2015, amended 40 CFR number EPA–HQ–OPP–2014–0922, is 180.361 to remove the entry ‘‘Rice, available at http://www.regulations.gov straw’’ from the table in paragraph (a). or at the Office of Pesticide Programs In the final rule in the Federal Register Regulatory Public Docket (OPP Docket) of December 21, 2015 (80 FR 79267) in the Environmental Protection Agency (FRL–9937–18), paragraph (a) was Docket Center (EPA/DC), West William redesignated as paragraph (a)(1) so we Jefferson Clinton Bldg., Rm. 3334, 1301 are amending 40 CFR 180.361 to remove Constitution Ave. NW., Washington, DC the entry ‘‘Rice, straw’’ from the table in 20460–0001. The Public Reading Room paragraph (a)(1). is open from 8:30 a.m. to 4:30 p.m., FR Doc. 2015–28491 published in the Monday through Friday, excluding legal Federal Register of November 20, 2015 holidays. The telephone number for the (80 FR 72593) (FRL–9935–01) is Public Reading Room is (202) 566–1744, corrected as follows: and the telephone number for the OPP Docket is (703) 305–5805. Please review § 180.361 [Amended] the visitor instructions and additional information about the docket available ■ 1. On page 72598, second column, at http://www.epa.gov/dockets. under the heading § 180.361 [Amended], instruction 16, line 3, FOR FURTHER INFORMATION CONTACT: correct paragraph (a) to read paragraph Susan Lewis, Registration Division (a)(1). (7505P), Office of Pesticide Programs, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Rules and Regulations]
[Pages 12007-12011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05149]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1275

[FDMS No. NARA-16-0004; NARA-2016-019]
RIN 3095-AB86


Nixon Administration Presidential Historical Materials

AGENCY:  National Archives and Records Administration (NARA).

ACTION:  Direct final rule.

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

SUMMARY:  NARA is amending this regulation to update provisions in 
accord with recent developments, including completed processing of the 
five chronological tape segments, as required by section 6 of the 
Kutler settlement agreement. The changes are primarily administrative 
and focus on changes to certain access and notice provisions currently 
in the regulations, as well as minor word and sentence changes in line 
with Plain Language Act provisions. Because NARA has completed the 
requirements of the Kutler Settlement agreement, we are removing it as 
an appendix to this part.

DATES:  This rule is effective April 7, 2016, without further action, 
unless NARA receives adverse comments by March 28, 2016. If NARA 
receives an adverse comment, it will publish a timely withdrawal of the 
rule in the Federal Register.

ADDRESSES:  You may submit comments on this rule, identified by RIN 
3095-AB86, by any of the following methods:
    [ssquf] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ssquf] Email: Regulation_comments@nara.gov. Include RIN 3095-AB86 
in the subject line of the message.
    [ssquf] Mail (for paper, disk, or CD-ROM submissions): Send 
comments to: Regulations Comments Desk (External Policy Program, 
Strategy & Performance Division (SP)); Suite 4100; National Archives 
and Records Administration; 8601 Adelphi Road; College Park, MD 20740-
6001.

[[Page 12008]]

    [ssquf] Hand delivery or courier: Deliver comments to front desk at 
8601 Adelphi Road, College Park, MD, addressed to: Regulations Comments 
Desk, External Policy Program; Suite 4100.

FOR FURTHER INFORMATION CONTACT:  For information or questions about 
the regulation and the comments process, contact Kimberly Keravuori, 
External Policy Program Manager, by email at 
regulation_comments@nara.gov, or by telephone at 301.837.3151.

SUPPLEMENTARY INFORMATION:

Regulatory Analysis

Review Under Executive Orders 12866 and 13563

    Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 
(September 30, 1993), and Executive Order 13563, Improving Regulation 
and Regulation Review, 76 FR 23821 (January 18, 2011), direct agencies 
to assess all costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
This rule is not ``significant'' under section 3(f) of Executive Order 
12866 because it proposes to make only minor administrative revisions. 
The Office of Management and Budget (OMB) has reviewed this regulation.

Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)

    This review requires an agency to prepare an initial regulatory 
flexibility analysis and publish it when the agency publishes the rule. 
This requirement does not apply if the agency certifies that the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities (5 U.S.C. 603). NARA certifies, 
after review and analysis, that this rule will not have a significant 
adverse economic impact on small entities because it makes only minor 
administrative changes to the rule and the rule governs how people may 
access these records, which does not impact small entities.

Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.)

    This rule does not contain information collection activities that 
are subject to review and approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act.

Review Under Executive Order 13132, Federalism, 64 FR 43255 (August 4, 
1999)

    Review under Executive Order 13132 requires that agencies review 
regulations for Federalism effects on the institutional interest of 
states and local governments, and, if the effects are sufficiently 
substantial, prepare a Federal assessment to assist senior policy 
makers. This rule will not have any direct effects on State and local 
governments within the meaning of the Executive Order. Therefore, this 
regulation does not require a Federalism assessment.

List of Subjects in 36 CFR Part 1275

    Access, Information, Presidential records.

    For the reasons stated in the preamble, NARA revises 36 CFR part 
1275 to read as follows:

PART 1275--PRESERVATION AND PROTECTION OF AND ACCESS TO THE 
PRESIDENTIAL HISTORICAL MATERIALS OF THE NIXON ADMINISTRATION

Sec.
Subpart A--General Provisions
1275.1 Scope and purpose.
1275.14 Legal custody.
1275.16 Definitions.
Subpart B--Preserving and Protecting Materials
1275.20 Responsibility.
1275.22 Security.
Subpart C--Special Access to Materials
1275.30 Access by designees or assignees of former President Nixon.
1275.32 Access by Federal agencies.
1275.34 Access for use in judicial proceedings.
Subpart D--Public Access to Materials
1275.42 Processing.
1275.44 Segregating and reviewing.
1275.46 Transfer of private or personal materials.
1275.48 Restriction of materials related to abuses of governmental 
power.
1275.50 Restriction of materials of general historical significance 
unrelated to abuses of governmental power.
1275.52 Periodic review of restrictions.
1275.54 Appeal of restrictions.
1275.56 Deleting restricted portions.
1275.58 Requests for declassification.
1275.60 Freedom of information Act (FOIA) requests.

    Authority:  44 U.S.C. 2104, 2111 note.

Subpart A--General Provisions


Sec.  1275.1  Scope and purpose.

    This part implements title I of the Presidential Recordings and 
Materials Preservation Act (PRMPA, 44 U.S.C. 2111 note) with respect to 
the Presidential historical materials of the Richard M. Nixon 
Administration (covering the period beginning January 20, 1969, and 
ending August 9, 1974). This part applies to all Nixon Presidential 
historical materials in the custody of the Archivist of the United 
States pursuant to the PRMPA, and prescribes policies and procedures by 
which the National Archives and Records Administration (NARA) 
preserves, protects, and provides access to them.


Sec.  1275.14  Legal custody.

    The Archivist of the United States has or will obtain exclusive 
legal custody and control of all Presidential historical materials of 
the Nixon Administration held pursuant to the provisions of title I of 
the Presidential Recordings and Materials Preservation Act.


Sec.  1275.16  Definitions.

    As used in part 1275, the following definitions apply:
    (a) Presidential historical materials. The term Presidential 
historical materials (also referred to as historical materials and 
materials) means all papers, correspondence, documents, pamphlets, 
books, photographs, films, motion pictures, sound and video recordings, 
machine-readable media, plats, maps, models, pictures, works of art, 
and other objects or materials made or received by former President 
Richard M. Nixon or by members of his staff in connection with his 
constitutional or statutory powers or duties as President and retained 
or appropriate for retention as evidence of or information about these 
powers or duties. Included in this definition are materials relating to 
the political activities of former President Nixon or members of his 
staff, as well as matters relating to President Nixon's private 
political associations that have no connection with the constitutional 
or statutory powers or duties of the President or a member of his 
staff. Excluded from this definition are documentary materials of any 
type that are determined to be the official records of an agency of the 
Government; private or personal materials; stocks of publications, 
processed documents, and stationery; and extra copies of documents 
produced only for convenience or reference when they are clearly so 
identified.
    (b) Private or personal materials. The term private or personal 
materials means those papers and other documentary or commemorative 
materials in any physical form relating solely to the personal and 
family issues of President Nixon, his family, and his

[[Page 12009]]

friends and that have no connection with his constitutional or 
statutory powers, or duties of the President or any member of the 
President's staff. (Materials relating to private political 
associations, including matters relating to the Republican Party and 
election campaigns, that have been donated to NARA by the Richard Nixon 
Library and Birthplace Foundation pursuant to a 2007 deed of gift are 
excluded from this definition.)
    (c) Abuses of governmental power popularly identified under the 
generic term ``Watergate.'' The term abuses of governmental power 
popularly identified under the generic term ``Watergate'' (also 
referred to as abuses of governmental power), means those alleged acts, 
whether or not corroborated by judicial, administrative, or legislative 
proceedings, which allegedly were conducted, directed, or approved by 
President Richard M. Nixon, his staff, or persons associated with him 
in his constitutional or statutory functions as President, or as 
political activities directly relating to or having a direct effect 
upon those functions, and which:
    (1) Were within the purview of the charters of the Senate Select 
Committee on Presidential Campaign Activities or the Watergate Special 
Prosecution Force; or
    (2) Are described in the Articles of Impeachment adopted by the 
House Committee on the Judiciary and reported to the House of 
Representatives for consideration in House Report No. 93-1305.
    (d) General historical significance. The term general historical 
significance means having administrative, legal, research, or other 
historical value as evidence of or information about the constitutional 
or statutory powers or duties of the President, which an archivist has 
determined is of a quality sufficient to warrant the retention by the 
United States of materials so designated.
    (e) Archivist. The term Archivist means the Archivist of the United 
States or the Archivist's designated agent. The term archivist means an 
employee of NARA who, by education or experience, is specially trained 
in archival science.
    (f) Agency. The term agency means an executive department, military 
department, independent regulatory or non-regulatory agency, Government 
corporation, Government-controlled corporation, or other establishment 
in the executive branch of the Government including the Executive 
Office of the President. For purposes of Sec.  1275.32 only, the term 
agency also includes the White House Office.
    (g) Staff. The term staff means those people whose salaries were 
paid fully or partially from appropriations to the White House Office 
or Domestic Council; who were detailed on a non-reimbursable basis to 
the White House Office or Domestic Council from any other Federal 
activity; who otherwise were designated as assistants to the President, 
in connection with their service in that capacity; or whose files were 
sent to the White House Central Files Unit or Special Files Unit, for 
purposes of those files.
    (h) Classified national security information. The term classified 
national security information means any matter which is designated as 
classified under applicable law, or under E.O. 13526, Classified 
National Security Information (December 29, 2009), or its successors.

Subpart B--Preserving and Protecting Materials


Sec.  1275.20  Responsibility.

    The Archivist is responsible for the preservation and protection of 
the Nixon Presidential historical materials.


Sec.  1275.22  Security.

    The Archivist is responsible for providing adequate security for 
the Presidential historical materials, and for establishing access 
procedures.

Subpart C--Special Access to Materials


Sec.  1275.30  Access by designees or assignees of former President 
Nixon.

    In accordance with subpart B of this part, former President Richard 
M. Nixon's designated or assigned agent(s) at all times have access to 
Presidential historical materials in the custody and control of the 
Archivist.


Sec.  1275.32  Access by Federal agencies.

    In accordance with subpart B of this part, any Federal agency in 
the executive branch has access for lawful Government use to the 
Presidential historical materials in the custody and control of the 
Archivist to the extent necessary for ongoing Government business. The 
Archivist will consider only written requests from heads of agencies or 
departments, deputy heads of agencies or departments, or heads of major 
organizational components or functions within agencies or departments.


Sec.  1275.34  Access for use in judicial proceedings.

    In accordance with subpart B of this part, and subject to any 
rights, defenses, or privileges which the Federal Government or any 
person may invoke, the Presidential historical materials in the custody 
and control of the Archivist will be made available for use in any 
judicial proceeding and are subject to subpoena or other lawful 
process.

Subpart D--Public Access to Materials


Sec.  1275.42  Processing.

    The archivists will conduct archival processing of all closed 
materials to prepare them for public access. In processing the 
materials, the archivists will give priority to segregating private or 
personal materials and transferring them to their proprietary or 
commemorative owners in accordance with Sec.  1275.46. In conducting 
such archival processing, the archivists will restrict portions of the 
materials pursuant to Sec. Sec.  1275.48 and 1275.50. All materials 
will be prepared for public access and released subject to restrictions 
or outstanding claims or petitions seeking such restrictions.


Sec.  1275.44  Segregating and reviewing.

    (a) During the processing period described in Sec.  1275.42, the 
Archivist will assign archivists to segregate private or personal 
materials, as defined in Sec.  1275.16(b). The archivists have sole 
responsibility for the initial review and determination of private or 
personal materials. At all times when the archivists or other 
authorized officials have access to the materials in accordance with 
these regulations, they will take all reasonable steps to minimize the 
degree of intrusion into private or personal materials. Except as 
provided in these regulations, the archivists or other authorized 
officials will not disclose to any person private or personal or 
otherwise restricted information learned as a result of their 
activities under these regulations.
    (b) During the processing period described in Sec.  1275.42, the 
Archivist will assign archivists to segregate materials neither 
relating to abuses of governmental power, as defined in Sec.  
1275.16(c), nor otherwise having general historical significance, as 
defined in Sec.  1275.16(d). The archivists have sole responsibility 
for the initial review and determination of those materials which are 
not related to abuses of governmental power and do not otherwise have 
general historical significance.
    (c) During the processing period described in Sec.  1275.42, the 
Archivist will assign archivists to segregate materials subject to 
restriction, as prescribed in Sec. Sec.  1275.48 and 1275.50. The 
archivists have sole responsibility for the initial review and 
determination

[[Page 12010]]

of materials that should be restricted. The archivists insert a 
notification of withdrawal at the front of the file folder or container 
affected by the removal of restricted material. The notification 
includes a brief description of the restricted material and the basis 
for the restriction as prescribed in Sec. Sec.  1275.48 and 1275.50.


Sec.  1275.46  Transfer of private or personal materials.

    (a) The Archivist will transfer sole custody and use of those 
materials determined to be private or personal, or to be neither 
related to abuses of governmental power nor otherwise of general 
historical significance, to Richard Nixon's heirs or to the former 
staff member who created the materials having primary proprietary or 
commemorative interest in the materials, or to their heir, designee, or 
assignee. Such materials include all segments of the original tape 
recordings that have been or will be identified as private or personal.
    (b) Materials determined to be neither related to abuses of 
governmental power nor otherwise of general historical significance, 
and transferred pursuant to paragraph (a) of this section, will upon 
such transfer no longer be deemed Presidential historical materials as 
defined in Sec.  1275.16(a).


Sec.  1275.48  Restriction of materials related to abuses of 
governmental power.

    (a) The Archivist will restrict access to materials determined 
during the processing period to relate to abuses of governmental power, 
as defined in Sec.  1275.16(c), when:
    (1) Ordered by a court;
    (2) The release of the materials would violate a Federal statute; 
or
    (3) The materials are authorized under criteria established by 
executive order to be kept secret in the interest of national defense 
or foreign policy, provided that any question as to whether materials 
are in fact properly classified or are properly subject to 
classification will be resolved in accordance with the applicable 
executive order or as otherwise provided by law.
    (b) However, the Archivist may waive these restrictions when:
    (1) The requester is engaged in a historical research project; or
    (2) The requester is a former Federal official who had been 
appointed by President Nixon to a policymaking position and who seeks 
access to only those classified materials which he originated, 
reviewed, signed, or received while in public office; and
    (3) The requester has a security clearance equivalent to the 
highest degree of national security classification that may be 
applicable to any of the materials to be examined; and
    (4) The Archivist has determined that the heads of agencies having 
subject matter interest in the material do not object to the granting 
of access to the materials; and
    (5) The requester has signed a statement, which declares that the 
requester will not publish, disclose, or otherwise compromise the 
classified material to be examined and that the requester has been made 
aware of Federal criminal statutes which prohibit the compromise or 
disclosure of this information.
    (c) The Archivist will restrict access to any portion of materials 
determined to relate to abuses of governmental power when the release 
of those portions would constitute a clearly unwarranted invasion of 
personal privacy or constitute libel of a living person: Provided, That 
if material related to an abuse of governmental power refers to, 
involves, or incorporates such personal information, the Archivist will 
make available such personal information, or portions thereof, if such 
personal information, or portions thereof, is essential to an 
understanding of the abuses of governmental power.


Sec.  1275.50  Restriction of materials of general historical 
significance unrelated to abuses of governmental power.

    (a) The Archivist will restrict access to materials determined 
during the processing period to be of general historical significance, 
but not related to abuses of governmental power, under one or more of 
the circumstances specified in Sec.  1275.48(a).
    (b) The Archivist will also restrict access to materials of general 
historical significance, but not related to abuses of governmental 
power, when the release of these materials would:
    (1) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential; or
    (2) Constitute a clearly unwarranted invasion of personal privacy 
of a living person; or
    (3) Disclose investigatory materials compiled for law enforcement 
purposes, but only when the disclosure of such records would:
    (i) Interfere with enforcement proceedings;
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication;
    (iii) Constitute an unwarranted invasion of personal privacy;
    (iv) Disclose the identity of a confidential source who furnished 
information on a confidential basis, and in the case of a record 
compiled by a criminal law enforcement authority in the course of a 
criminal investigation or by an agency conducting a lawful national 
security intelligence investigation, confidential information furnished 
by a confidential source;
    (v) Disclose techniques and procedures for law enforcement 
investigations or prosecutions, or disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Endanger the life or physical safety of any individual.


Sec.  1275.52  Periodic review of restrictions.

    The Archivist periodically will assign archivists to review 
materials placed under restriction by Sec.  1275.48 or Sec.  1275.50 
and to make available for public access those materials which, with the 
passage of time or other circumstances, no longer require restriction.


Sec.  1275.54  Appeal of restrictions.

    The Nixon Presidential Library controls the Nixon Presidential 
historical materials. Upon petition of any researcher who claims in 
writing to the library director that the restriction of specified 
materials is inappropriate and should be removed, the archivists will 
submit the pertinent materials, or representative examples of them, to 
the library director. The library director reviews the restricted 
materials, and consults with interested Federal agencies as necessary. 
To the extent these consultations require the transfer of copies of 
materials to Federal officials outside NARA, the library director will 
comply with the requirements of Sec.  1275.32. As necessary and 
practicable, the library director will also seek the views of any 
person whose rights or privileges might be adversely affected by a 
decision to open the materials. The library director prepares a final 
written decision as to the continued restriction of all or part of the 
pertinent materials. The library director's decision constitutes the 
final administrative determination. The library director will notify 
the petitioner and other interested people of the final administrative 
determination within 60 calendar days following receipt of such 
petition.


Sec.  1275.56  Deleting restricted portions.

    The Archivist will provide a requester any reasonably segregable 
portions of otherwise restricted materials after NARA deletes the 
portions which are restricted under Sec.  1275.48 or Sec.  1275.50.

[[Page 12011]]

Sec.  1275.58  Requests for declassification.

    Challenges to the classification and requests for the 
declassification of national security classified materials are governed 
by the provisions of 36 CFR part 1256, subpart E, as that may be 
amended from time to time.


Sec.  1275.60  Freedom of Information Act (FOIA) requests.

    (a) The Archivist will process Freedom of Information Act (FOIA) 
requests for access to only those materials within the Presidential 
historical materials that are identifiable by an archivist as records 
of an agency as defined in Sec.  1275.16(f). The Archivist will process 
these requests in accordance with the FOIA regulations set forth in 36 
CFR part 1250, NARA Records Subject to FOIA.
    (b) In order to allow NARA archivists to devote as much time and 
effort as possible to the processing of materials for general public 
access, the Archivist will not process those FOIA requests where the 
requester can reasonably obtain the same materials through a request 
directed to an agency (as defined in Sec.  1275.16(f)), unless the 
requester demonstrates that he or she has unsuccessfully sought access 
from that agency or its successor in law or function.

    Dated: March 2, 2016.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2016-05149 Filed 3-7-16; 8:45 am]
 BILLING CODE 7515-01-P