81 FR 17610 - Fees

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range		17610-17611
FR Document		2016-07149

The National Archives and Records Administration (NARA) is making a minor administrative revision to its fees regulation to set a time limit for requesting refunds of reproduction fees.

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)

[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Rules and Regulations]
[Pages 17610-17611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07149]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1258

[FDMS No. NARA-16-0003; NARA-2016-018]
RIN 3095-AB90


Fees

AGENCY: National Archives and Records Administration (NARA).

ACTION: Direct final rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
making a minor administrative revision to its fees regulation to set a 
time limit for requesting refunds of reproduction fees.

DATES: This rule is effective April 29, 2016, without further action, 
unless NARA receives adverse comments by April 19, 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, identified by RIN 3095-AB90, by any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include RIN 3095-AB90 
in the subject line of the message.
     Fax: 301-837-0319. Include RIN 3095-AB90 in the subject 
line of the fax cover sheet.
     Mail (for paper, disk, or CD-ROM submissions. Include RIN 
3095-AB90 on the submission): Regulations Comment Desk (External Policy 
Program, Strategy & Performance Division (SP)); Suite 4100; National 
Archives and Records Administration; 8601 Adelphi Road; College Park, 
MD 20740-6001
     Hand delivery or courier: Deliver comments to front desk 
at the address above.
    Instructions: All submissions must include NARA's name and the 
regulatory information number for this rulemaking (RIN 3095-AB90). We 
may publish any comments we receive without changes, including any 
personal information you include.

FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori, by email at 
[email protected], or by telephone at 301-837-3151.

SUPPLEMENTARY INFORMATION: 

Background

    NARA is authorized by 44 U.S.C. 2116(c) to charge reproduction fees 
when it reproduces documents for non-Federal individuals or entities. 
This includes official reproductions with the Archives seal, 
reproductions of archival holdings, and reproductions of operational 
records. The statute authorizes NARA to recoup its costs, equipment 
fees, and similar expenses, and to retain the fees as part of the 
National Archives Trust Fund. NARA promulgated regulations at 36 CFR 
1258 to notify users of the fee structure and processes. Among these 
regulations is a section addressing refunds of these fees (36 CFR 
1258.16). It is this provision that we are revising with this 
rulemaking.
    Due to various factors, it is occasionally difficult for us to make 
a legible reproduction, particularly of old documents. We notify 
customers if we anticipate the reproduction will have questionable 
legibility, and request the customer's approval to proceed with the 
reproduction--and the fee charges. As a result, we do not provide 
refunds except in special cases; primarily if we have somehow processed 
an order incorrectly or it contains errors. However, the regulation's 
refund provision did not include a refund cut-off period after which a 
person who ordered a reproduction could no longer request a refund. 
Customers could request refunds for orders that were years old, which 
has occurred in several instances. We had no recourse but to process 
the refunds, which is not a reasonable business practice for orders 
that are multiple years old. This also caused a significant 
administrative burden, as NARA had discarded records for some of these 
orders at the end of their routine business life, in accord with our 
agency's official records schedule. For example, under records schedule 
1807-2, orders made on our online ordering system (SOFA) are destroyed 
once they are one year old. A refund request five years after the 
customer received the reproduction not only is not reasonable, but 
occurs four years after we destroyed records of the order, making it 
impossible for us to determine if the customer was notified and 
approved the reproduction, whether there really was an error or 
something incorrect about the order, and similar issues.
    As a result of these difficulties with refund requests on old 
orders, we are now revising 36 CFR 1258.16 to set a refund time limit. 
Customers will have four months from the order date in which to request 
a refund.

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 proposed rule is not ``significant'' under section 3(f) of 
Executive Order 12866 because it merely modifies the window of 
opportunity in which customers may request refunds of reproduction 
fees. 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 
proposed 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 proposed rule will not 
have a significant adverse economic impact on small entities because it 
merely modifies the window of opportunity in which customers may 
request refunds of reproduction fees.

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

    This proposed rule does not contain any information collection 
requirements subject to the Paperwork Reduction Act.

[[Page 17611]]

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 proposed rule will not have any direct effects on State 
and local governments within the meaning of the Executive Order. 
Therefore, the regulation requires no federalism assessment.

List of Subjects in 36 CFR Part 1258

    Archives and records.

    For the reasons stated in the preamble, NARA amends 36 CFR part 
1258 as follows:

PART 1258--FEES

0
1. The authority citation for part 1258 remains as follows:

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

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

Sec.  1258.16  What is NARA's refund policy?

    Due to various factors, it is occasionally difficult for NARA to 
make a legible reproduction. NARA will notify customers and ask for 
approval to proceed if we anticipate a reproduction of questionable 
legibility. As a result, NARA does not provide refunds except in 
special cases. If a customer requests a refund, we review the order to 
determine if we properly notified the customer of the questionable 
nature of the original and if the product is a true representation of 
the original. If the product is a true representation of the original, 
we will not issue a refund. If you feel we processed your order 
incorrectly or it contains errors, please contact us within 120 days of 
your order date to have your issue verified. Once we verify the issue, 
we will correct the error and resend the documents. If we cannot 
correct the error, you will receive a refund.

    Dated: March 20, 2016.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2016-07149 Filed 3-29-16; 8:45 am]
 BILLING CODE 7515-01-P

17610 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Rules and Regulations

§ 558.680 [Amended] • Hand delivery or courier: Deliver years after the customer received the
■ 65. In § 558.680, in paragraphs comments to front desk at the address reproduction not only is not reasonable,
(d)(1)(ii), (iii), (iv), (vi), (vii), and (viii) above. but occurs four years after we destroyed
in the ‘‘Combination in grams per ton’’ Instructions: All submissions must records of the order, making it
and ‘‘Limitations’’ columns, remove include NARA’s name and the impossible for us to determine if the
‘‘methylene disalicylate’’ and in its regulatory information number for this customer was notified and approved the
place add ‘‘methylenedisalicylate’’; and rulemaking (RIN 3095–AB90). We may reproduction, whether there really was
in paragraph (d)(2)(ii), in the publish any comments we receive an error or something incorrect about
‘‘Combination in grams per ton’’ without changes, including any the order, and similar issues.
column, remove ‘‘methylene personal information you include. As a result of these difficulties with
disalicylate’’ and in its place add FOR FURTHER INFORMATION CONTACT: refund requests on old orders, we are
‘‘methylenedisalicylate’’. Kimberly Keravuori, by email at now revising 36 CFR 1258.16 to set a
Dated: March 25, 2016. regulation_comments@nara.gov, or by refund time limit. Customers will have
Tracey H. Forfa, telephone at 301–837–3151. four months from the order date in
Deputy Director, Center for Veterinary SUPPLEMENTARY INFORMATION: which to request a refund.
Medicine.
Background Regulatory Analysis
[FR Doc. 2016–07135 Filed 3–29–16; 8:45 am]
BILLING CODE 4161–01–P NARA is authorized by 44 U.S.C. Review Under Executive Orders 12866
2116(c) to charge reproduction fees and 13563
when it reproduces documents for non-
NATIONAL ARCHIVES AND RECORDS Federal individuals or entities. This Executive Order 12866, Regulatory
ADMINISTRATION includes official reproductions with the Planning and Review, 58 FR 51735
Archives seal, reproductions of archival (September 30, 1993), and Executive
36 CFR Part 1258 holdings, and reproductions of Order 13563, Improving Regulation and
operational records. The statute Regulation Review, 76 FR 23821
[FDMS No. NARA–16–0003; NARA–2016–
018] authorizes NARA to recoup its costs, (January 18, 2011), direct agencies to
equipment fees, and similar expenses, assess all costs and benefits of available
RIN 3095–AB90 and to retain the fees as part of the regulatory alternatives and, if regulation
National Archives Trust Fund. NARA is necessary, to select regulatory
Fees promulgated regulations at 36 CFR 1258 approaches that maximize net benefits
AGENCY: National Archives and Records to notify users of the fee structure and (including potential economic,
Administration (NARA). processes. Among these regulations is a environmental, public health and safety
ACTION: Direct final rule. section addressing refunds of these fees effects, distributive impacts, and
(36 CFR 1258.16). It is this provision equity). This proposed rule is not
SUMMARY: The National Archives and that we are revising with this ‘‘significant’’ under section 3(f) of
Records Administration (NARA) is rulemaking. Executive Order 12866 because it
making a minor administrative revision Due to various factors, it is merely modifies the window of
to its fees regulation to set a time limit occasionally difficult for us to make a opportunity in which customers may
for requesting refunds of reproduction legible reproduction, particularly of old request refunds of reproduction fees.
fees. documents. We notify customers if we The Office of Management and Budget
DATES: This rule is effective April 29, anticipate the reproduction will have (OMB) has reviewed this regulation.
2016, without further action, unless questionable legibility, and request the
NARA receives adverse comments by customer’s approval to proceed with the Review Under the Regulatory
April 19, 2016. If NARA receives an reproduction—and the fee charges. As a Flexibility Act (5 U.S.C. 601, et seq.)
adverse comment, it will publish a result, we do not provide refunds except
This review requires an agency to
timely withdrawal of the rule in the in special cases; primarily if we have
somehow processed an order incorrectly prepare an initial regulatory flexibility
Federal Register. analysis and publish it when the agency
ADDRESSES: You may submit comments, or it contains errors. However, the
regulation’s refund provision did not publishes the proposed rule. This
identified by RIN 3095–AB90, by any of requirement does not apply if the
the following methods: include a refund cut-off period after
which a person who ordered a agency certifies that the rule will not, if
• Federal eRulemaking Portal: http:// promulgated, have a significant
www.regulations.gov. Follow the reproduction could no longer request a
refund. Customers could request economic impact on a substantial
instructions for submitting comments. number of small entities (5 U.S.C. 603).
• Email: Regulation_comments@ refunds for orders that were years old,
which has occurred in several instances. NARA certifies, after review and
nara.gov. Include RIN 3095–AB90 in the
We had no recourse but to process the analysis, that this proposed rule will not
subject line of the message.
• Fax: 301–837–0319. Include RIN refunds, which is not a reasonable have a significant adverse economic
3095–AB90 in the subject line of the fax business practice for orders that are impact on small entities because it
cover sheet. multiple years old. This also caused a merely modifies the window of
• Mail (for paper, disk, or CD–ROM significant administrative burden, as opportunity in which customers may
asabaliauskas on DSK3SPTVN1PROD with RULES

submissions. Include RIN 3095–AB90 NARA had discarded records for some request refunds of reproduction fees.
on the submission): Regulations of these orders at the end of their Review Under the Paperwork
Comment Desk (External Policy routine business life, in accord with our Reduction Act of 1995 (44 U.S.C. 3501
Program, Strategy & Performance agency’s official records schedule. For et seq.)
Division (SP)); Suite 4100; National example, under records schedule 1807–
Archives and Records Administration; 2, orders made on our online ordering This proposed rule does not contain
8601 Adelphi Road; College Park, MD system (SOFA) are destroyed once they any information collection requirements
20740–6001 are one year old. A refund request five subject to the Paperwork Reduction Act.

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Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Rules and Regulations 17611

Review Under Executive Order 13132, ENVIRONMENTAL PROTECTION number: (703) 305–7090; email address:
Federalism, 64 FR 43255 (August 4, AGENCY RDFRNotices@epa.gov.
1999) SUPPLEMENTARY INFORMATION:
40 CFR Part 180
Review under Executive Order 13132 I. General Information
requires that agencies review [EPA–HQ–OPP–2015–0019; FRL–9944–12] A. Does this action apply to me?
regulations for federalism effects on the
institutional interest of states and local Salicylaldehyde; Exemption From the You may be potentially affected by
governments, and, if the effects are Requirement of a Tolerance this action if you are an agricultural
producer, food manufacturer, or
sufficiently substantial, prepare a
AGENCY: Environmental Protection pesticide manufacturer. The following
Federal assessment to assist senior Agency (EPA). list of North American Industrial
policy makers. This proposed rule will
ACTION: Final rule. Classification System (NAICS) codes is
not have any direct effects on State and not intended to be exhaustive, but rather
local governments within the meaning SUMMARY: This regulation establishes an provides a guide to help readers
of the Executive Order. Therefore, the exemption from the requirement of a determine whether this document
regulation requires no federalism tolerance for residues of salicylaldehyde applies to them. Potentially affected
assessment. (2-hydroxybenzaldehyde, CAS Reg. No. entities may include:
List of Subjects in 36 CFR Part 1258
90–02–8) when used as an inert • Crop production (NAICS code 111).
ingredient (penetration aid) in pesticide • Animal production (NAICS code
Archives and records. formulations applied to growing crops 112).
and raw agricultural commodities under • Food manufacturing (NAICS code
For the reasons stated in the 40 CFR 180.910 at a concentration not 311).
preamble, NARA amends 36 CFR part to exceed 14% by weight of the • Pesticide manufacturing (NAICS
1258 as follows: pesticide formulation. Ag-Chem code 32532).
Consulting LLC, on behalf of Omex
PART 1258—FEES Agrifluids submitted a petition to EPA B. How can I get electronic access to
under the Federal Food, Drug, and other related information?
■ 1. The authority citation for part 1258 Cosmetic Act (FFDCA), requesting You may access a frequently updated
remains as follows: establishment of an exemption from the electronic version of 40 CFR part 180
Authority: 44 U.S.C. 2116(c) and 2307. requirement of a tolerance. This through the Government Printing
regulation eliminates the need to Office’s e-CFR site at http://
■ 2. Revise § 1258.16 to read as follows: establish a maximum permissible level www.ecfr.gov/cgi-bin/text-
for residues of salicylaldehyde. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
§ 1258.16 What is NARA’s refund policy? 40tab_02.tpl.
DATES: This regulation is effective
Due to various factors, it is March 30, 2016. Objections and requests C. How can I file an objection or hearing
occasionally difficult for NARA to make for hearings must be received on or request?
a legible reproduction. NARA will before May 31, 2016, and must be filed
in accordance with the instructions Under FFDCA section 408(g), 21
notify customers and ask for approval to U.S.C. 346a, any person may file an
proceed if we anticipate a reproduction provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY objection to any aspect of this regulation
of questionable legibility. As a result, and may also request a hearing on those
NARA does not provide refunds except INFORMATION).
objections. You must file your objection
in special cases. If a customer requests ADDRESSES: The docket for this action, or request a hearing on this regulation
a refund, we review the order to identified by docket identification (ID) in accordance with the instructions
determine if we properly notified the number EPA–HQ–OPP–2015–0019, is provided in 40 CFR part 178. To ensure
customer of the questionable nature of available at http://www.regulations.gov proper receipt by EPA, you must
the original and if the product is a true or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
representation of the original. If the Regulatory Public Docket (OPP Docket) OPP–2015–0019 in the subject line on
product is a true representation of the in the Environmental Protection Agency the first page of your submission. All
original, we will not issue a refund. If Docket Center (EPA/DC), West William objections and requests for a hearing
you feel we processed your order Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
incorrectly or it contains errors, please Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
contact us within 120 days of your order 20460–0001. The Public Reading Room before May 31, 2016. Addresses for mail
date to have your issue verified. Once is open from 8:30 a.m. to 4:30 p.m., and hand delivery of objections and
Monday through Friday, excluding legal hearing requests are provided in 40 CFR
we verify the issue, we will correct the
holidays. The telephone number for the 178.25(b).
error and resend the documents. If we
Public Reading Room is (202) 566–1744, In addition to filing an objection or
cannot correct the error, you will and the telephone number for the OPP
receive a refund. hearing request with the Hearing Clerk
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
Dated: March 20, 2016. the visitor instructions and additional submit a copy of the filing (excluding
asabaliauskas on DSK3SPTVN1PROD with RULES

David S. Ferriero, information about the docket available any Confidential Business Information
Archivist of the United States. at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
[FR Doc. 2016–07149 Filed 3–29–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Information not marked confidential
BILLING CODE 7515–01–P
Susan Lewis, Registration Division pursuant to 40 CFR part 2 may be
(7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
Pennsylvania Ave. NW., Washington, objection or hearing request, identified
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–

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Document Created: 2016-03-30 09:28:31
Document Modified: 2016-03-30 09:28:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective April 29, 2016, without further action, unless NARA receives adverse comments by April 19, 2016. If NARA receives an adverse comment, it will publish a timely withdrawal of the rule in the Federal Register.
Contact		Kimberly Keravuori, by email at [email protected], or by telephone at 301-837-3151.
FR Citation		81 FR 17610
RIN Number		3095-AB90