[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Proposed Rules]
[Page 58875-58876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-23]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1270
RIN 3095-AB40
Presidential Records Act Procedures
AGENCY: National Archives and Records Administration (NARA).
ACTION: Proposed rule.
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SUMMARY: In response to a petition for rulemaking, NARA proposes to
amend our rules concerning Presidential records to lengthen the time
from 10 working days to 35 calendar days to appeal denial of access.
This proposed rule will affect the public.
DATES: Submit comments on or before November 30, 2004.
ADDRESSES: NARA invites interested persons to submit comments on this
proposed rule. Please include ``Attn: 3095-AB40'' and your name and
mailing address in your comments. Comments may be submitted by any of
the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
E-Mail: Send comments to comments@nara.gov. If you do not
receive a confirmation that we have received your e-mail message,
contact Jennifer Davis Heaps at 301-837-1850.
Fax: Submit comments by facsimile transmission to 301-837-
0319.
Mail: Send comments to Regulations Comments Desk (NPOL),
Room 4100, Policy and Communications Staff, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
Hand Delivery or Courier: Deliver comments to 8601 Adelphi
Road, College Park, MD.
FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1801.
SUPPLEMENTARY INFORMATION: On June 4, 2004, NARA received a petition
to extend the timeframe in which a person may appeal the denial of a
request for access to Presidential records made under the Presidential
Records Act (44 U.S.C. 2201-2207). The petitioners stated that the
current timeframe of 10 working days from the date of NARA's
[[Page 58876]]
denial letter was not long enough to allow requesters to respond and
that this limited timeframe served to discourage people from appealing
denial decisions. The petitioners requested that the timeframe be
extended to 35 calendar days to match the timeframe NARA allows to
appeal denials for access to records made under the provisions of the
Freedom of Information Act (FOIA) (see 36 CFR 1250.72 (a)) and the
Privacy Act (see 36 CFR 1202.56 (a)).
To conform to the requirements under the FOIA, the proposed change
also requires that NARA must receive the written appeal within 35
calendar days of the date of NARA's denial letter, instead of the
requester filing an appeal no later than 10 working days after
receiving NARA's denial. The proposed change is more equitable, as the
time in which a requester may receive NARA's denial may fluctuate. We
agree with the petitioners that the change from 10 working days to 35
calendar days, corresponding with the length of time to make appeals
under the FOIA, will be a service to researchers.
We also propose to change the appeal official to the appropriate
Presidential library director and to have the director respond to the
appeal within 30 working days.
This proposed 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 (OMB). As required by the Regulatory
Flexibility Act, it is hereby certified that this proposed rule will
not have a significant impact on a substantial number of small entities
because this rule applies to individual researchers. This proposed rule
does not have any federalism implications.
List of Subjects in 36 CFR Part 1270
Archives and records.
For the reasons set forth in the preamble, NARA proposes to amend
part 1270 of title 36, Code of Federal Regulations, as follows:
PART 1270--PRESIDENTIAL RECORDS
1. The authority citation for part 1270 is revised to read as
follows:
Authority: 44 U.S.C. 2201-2207.
2. Amend Sec. 1270.42 by revising paragraphs (a), (b), and (d) to
read as follows:
Subpart D--Access to Presidential Records
Sec. 1270.42 Denial of access to public; right to appeal.
(a) Any person denied access to a Presidential record (hereinafter
the requester) because of a determination that the record or a
reasonable segregable portion of the record was (1) properly restricted
under 44 U.S.C. 2204(a), and (2) not placed in the public domain by the
former President or his agent, may file an administrative appeal with
the appropriate Presidential library director at the address cited in
part 1253 of this chapter.
(b) All appeals must be received by NARA within 35 calendar days of
the date of NARA's denial letter.
* * * * *
(d) Upon receipt of an appeal, the appropriate Presidential library
director has 30 working days from the date an appeal is received to
consider the appeal and respond in writing to the requester. The
director's response must state whether or not the Presidential records
requested are to be released and the basis for this determination. The
director's decision to withhold release of Presidential records is
final and not subject to judicial review.
Dated: September 27, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-22051 Filed 9-30-04; 8:45 am]
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