[Federal Register: April 18, 2003 (Volume 68, Number 75)]
[Proposed Rules]
[Page 19168-19170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap03-19]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1280
RIN 3095-AB17
NARA Facilities; Public Use
AGENCY: National Archives and Records Administration (NARA).
ACTION: Proposed rule.
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SUMMARY: NARA is proposing to modify its regulations for using NARA
facilities. Our existing regulations specify conduct rules on NARA
property, which is defined as property under the control of the
Archivist. We are proposing to add threats as a prohibited behavior
because of the risk to persons and property potentially posed by
threats, and because of the increased number of email and telephone
threats received in NARA facilities. We are also proposing to specify
the types of corrective action NARA imposes for prohibited behavior.
This proposed rule specifies the formal procedures that we follow when
banning individuals from our facilities and adds appeal procedures for
individuals who want to request a reconsideration of the determination.
Last, we are proposing to apply these changes to NARA property and to
NARA-occupied space in facilities that are under the control of other
agencies.
DATES: Comments are due by June 17, 2003.
ADDRESSES: Comments must be sent to Regulation Comments Desk (NPOL),
Room 4100, Policy and Communications Staff, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
They may be faxed to 301-837-2902. Electronic comments may be submitted
through Regulations.gov. You may also comment via e-mail to
comments@nara.gov. See the SUPPLEMENTARY INFORMATION for details.
[[Page 19169]]
FOR FURTHER INFORMATION CONTACT: Kim Richardson at telephone number
(301) 837-2902.
SUPPLEMENTARY INFORMATION: NARA's existing regulations specify conduct
rules on NARA property. NARA property is defined to mean property under
the control of the Archivist of the United States (the National
Archives Building, the National Archives Building at College Park, and
the Presidential libraries). We are proposing to add threats as a
prohibited behavior because of the risk to persons and property
potentially posed by threats, and because of the increased number of e-
mail and telephone threats received in NARA facilities.
This proposed rule also specifies the types of corrective action
that NARA imposes for prohibited behavior. These include any or all of
the following:
[bullet] Removal from the premises (removal for up to seven calendar
days) and possible law enforcement notification;
[bullet] Long-term banning (in up to one-year increments that
includes automatic revocation of research privileges);
[bullet] Arrest for trespass; and
[bullet] Any additional corrective action as prescribed by law.
This proposed rule also contains the formal procedures that we
follow when banning individuals from our facilities and appeal
procedures for those individuals who want to request a reconsideration
of the decision.
In addition to property under the control of the Archivist of the
United States, NARA also occupies facilities under the control of other
agencies (the regional records services facilities, the Washington
National Records Center in Suitland, MD, the National Personnel Records
Center in St. Louis, Missouri, and the Office of the Federal Register
in Washington, DC). In our existing regulations, individuals on
property occupied by NARA but controlled by other agencies must follow
the conduct rules in the General Services Administration's (GSA)
regulations (41 CFR part 102-74, subpart C). Though this remains
unchanged, we are proposing to make threats a prohibited behavior at
NARA-occupied facilities. We also propose to add removal and banning
from the NARA-occupied space in those facilities under the control of
other agencies as types of corrective action that NARA imposes for
threatening behavior.
Please submit e-mail comments within the body of your e-mail
message or attach comments avoiding the use of any form of encryption.
Please also include ``Attn: 3095-AB17'' and your name and return
address in your Internet message. If you do not receive a confirmation
that we have received your e-mail message, contact the Regulation
Comment Desk at (301) 837-2902.
This proposed rule is a significant regulatory action for the
purposes of Executive Order 12866 and has 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. This regulation does not have any
federalism implications.
List of Subjects in 36 CFR Part 1280
Federal buildings and facilities.
For the reasons set forth in the preamble, NARA proposes to amend
part 1280 of title 36, Code of Federal Regulations, chapter XII, as
follows:
PART 1280--PUBLIC USE OF NARA FACILITIES
1. The authority citation for part 1280 is revised to read as
follows:
Authority: 44 U.S.C. 2102 notes, 2104(a), 2112(a)(1)(A)(iii),
2903.
2. Amend Sec. 1280.1 by revising paragraphs (b) and (c) and adding
paragraph (d) as follows:
Sec. 1280.1 What is the purpose of this part?
* * * * *
(b) When you are using other NARA facilities, the General Services
Administration (GSA) regulations, Conduct on Federal Property, at 41
CFR part 102-74, subpart C, apply to you. These facilities are the NARA
regional records services facilities, the Washington National Records
Center in Suitland, MD, the National Personnel Records Center in St.
Louis, MO, and the Office of the Federal Register in Washington, DC.
The rules in Sec. Sec. 1280.32(l), 1280.34(a)(1) and (a)(2), and
1280.36 also apply to you. The rules in subpart B of this part also
apply to you if you wish to film, take photographs, or make videotapes.
The rules in subpart F of this part also apply to you if you wish to
use the NARA-assigned conference rooms in those facilities.
(c) If you are using records in a NARA research room in a NARA
facility, you must also follow the rules in 36 CFR part 1254. If you
violate a rule or regulation in 36 CFR part 1254, you are subject to
the types of corrective action set forth in that part, including
revocation of research privileges.
(d) If you violate a rule or regulation in this part you are
subject to, among other types of corrective action, removal and banning
from the facility.
3. Amend Sec. 1280.32 by adding paragraph (l) to read as follows:
Sec. 1280.32 What other behavior is not permitted?
* * * * *
(l) Threatening directly (e.g., in-person communications or
physical gestures) or indirectly (e.g., via regular mail, electronic
mail, or phone) any NARA employee, visitor, volunteer, contractor,
other building occupants, or property.
4. Add Sec. 1280.34 and Sec. 1280.36 to subpart A to read as
follows:
Sec. 1280.34 What are the types of corrective action NARA imposes for
prohibited behavior?
(a) Individuals who violate the provisions of this part are subject
to:
(1) Removal from the premises (removal for up to seven calendar
days) and possible law enforcement notification;
(2) Banning from property owned or operated by NARA;
(3) Arrest for trespass; and
(4) Any additional types of corrective action prescribed by law.
(b) The regional administrator of the facility (or the director if
so designated) has the authority to have the individual immediately
removed and denied further access to the premises for up to seven
calendar days. During this removal period, the Assistant Archivist for
Administrative Services renders a decision on whether the individual
should be banned from specific or all NARA facilities permanently or
temporarily (in up to one-year increments). Long-term banning under
this part includes automatic revocation of research privileges,
notwithstanding the time periods set forth in 36 CFR 1254.20. Research
privileges remain revoked until the ban is lifted, at which time an
application for new privileges may be submitted.
(c) Upon written notification by the Assistant Archivist for
Administrative Services, individuals may be banned from all NARA
facilities. All NARA facilities will be notified of the banning of
individuals.
Sec. 1280.36 May I file an appeal if I am banned from NARA
facilities?
Yes, within 30 calendar days of receiving such notification, an
individual may appeal the decision in writing. In the request, the
individual must state the reasons for the appeal and mail it to the
Deputy Archivist of the United States for reconsideration (address:
National Archives and Records Administration (ND), 8601 Adelphi
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Road, College Park, MD 20740-6001). The Deputy Archivist has 30
calendar days from receipt of an appeal to make a decision to rescind,
modify, or uphold the ban. If the ban is upheld, further requests by
the affected individual will not be acted upon if received prior to the
expiration of a period of one year from the date of the last request
for reconsideration. After one year has passed, a further request for
reconsideration will be considered, and the Deputy Archivist will
decide, within 30 calendar days of receiving the request, whether the
ban remains in place or is rescinded. Notice of the decision will be
provided in writing to the affected individual.
5. Revise Sec. 1280.100 to read as follows:
Sec. 1280.100 What are the rules of conduct at NARA regional records
services facilities?
While at any NARA regional records services facility, you are
subject to all of the following:
(a) The GSA regulations, Conduct on Federal Property (41 CFR part
102-74, subpart C);
(b) The rules in subparts B and F of this part;
(c) Section 1280.1(b) through (d);
(d) Section 1280.32(l);
(e) Section 1280.34 (a)(1) and (a)(2); and
(f) Section 1280.36.
Dated: April 10, 2003.
John W. Carlin,
Archivist of the United States.
[FR Doc. 03-9585 Filed 4-17-03; 8:45 am]
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