dom of Information Act (5 U.S.C. 552). Requests under the act must follow the procedure set forth in § 105-61.103 or § 105-61.104.

(f) Certain documents in the custody of NARS are available for exhibit, but are loaned ony if the exhibitor meets exacting requirements regarding security, insurance coverage and humidity and temperature control of the exhibit area. These requirements may be obtained by writing to General Services Administration D.C. 20408.

(NE), Washington,

[33 FR 4885, Mar. 22, 1968, as amended at 40 FR 7924, Feb. 24, 1975; 40 FR 28610, July 8, 1975; 42 FR 13022, Mar. 8, 1977]

§ 105-61.101-2 Location of records and hours of use.

(a) A prospective researcher should first ascertain the location of the records desired. Inquiries may be addressed to the Archivist of the United States, Washington, DC 20408.

(b) The locations and hours of duty (expressed in local time) of depositories administered by the National Archives and Records Service are shown in § 105-61.5101.

(c. Except for Federal holidays and other times specified by the Archivist or other authorized GSA officials, records will be made available according to the schedule set forth in § 10561.5101.

(d) In addition to the times specified in § 105-61.5101, records may be made available at such other times as are authorized by a director.

[40 FR 7925, Feb. 24, 1975, as amended at 42 FR 13022, Mar. 8, 1977]

§ 105-61.101-3 Application procedures.

(a) In advance of applying for the use of records, a prospective researcher is encouraged to determine from the appropriate depository whether the records are available and whether their volume is sufficient to warrant a personal visit in lieu of reproduction.

(b) Applicants shall apply in person at the depository that has custody of the records sought and shall furnish, on a form provided for the purpose, information necessary for registration and for determining which records will be made available. Applicants shall

A researcher identification card will be issued to each person whose application is approved. The card will be valid for the use of records at only the depository where it was issued, and for a period of not more than 2 years, but it may be renewed upon application. Cards are not transferable and shall be produced when requested by & guard or research room attendant.

[42 FR 13022, Mar. 8, 1977]

§ 105-61.102 Research room rules. [40 FR 7925, Feb. 24, 1975]

§ 105-61.102-1 Registration.

Researchers shall register each day they enter a research room, furnishing the information specified on the regis tration form.

[40 FR 7925, Feb. 24, 1975]

§ 105-61.102-2 Researcher's responsibility for records.

The research room attendant may limit the quantity of records to be de livered at one time to a researcher When requested, researchers shall ac knowledge receipt of records by signa ture. A researcher is responsible for a records delivered to him until he re turns them. When a researcher has completed his use of records, he shal return them to the research room attendant. When requested, researchers shall return records as much as 10 minutes before closing time. Before leaving a research room, even for & short time, a researcher shall notify

the research room attendant and place all records in their proper containers. [40 FR 7925, Feb. 24, 1975]

§ 105-61.102-3 Prevention of damage to records.

The researcher shall exercise all possible care to prevent damage to records. Records shall not be used at a desk where there is a container of liquid or where a fountain pen is being used. Records shall not be leaned on, written on, folded anew, traced, fastened with paper clips or rubber bands, or handled in any way likely to cause damage. The use of records of exceptional value or in fragile condition shall be subject to any conditions specified by the research room attendant.

[40 FR 7925, Feb. 24, 1975]

§ 105-61.102-4 Removal or mutilation of records.

Researchers may not remove records from a research room. The removal or mutilation of records is forbidden by law and is punishable by fine or imprisonment or both (18 U.S.C. 2071). At t..e discretion of the research room attendant or Federal Protective Officer on duty, researchers may be required to check personal belongings, including briefcases, folders, coats, newspapers, or containers of any kind before entering a research room; and upon leaving, researchers shall present for examination any article that could contain records. To ensure that records are not unlawfully removed or mutilated, a director may issue and post at the entrance of a research room instructions supplementing the rules in this § 105-61.102.

[40 FR 7925, Feb. 24, 1975]

to disturb other researchers are also prohibited. Persons desiring to use typewriters, sound recording devices, or photocopying equipment shall work in areas designated by the research room attendant.

(b) Revocation of a researcher identification card. When researchers have refused to comply with the rules and regulations of a NARS facility, or by their actions have demonstrated that they present a danger to the records or a danger or annoyance to other researchers or employees, they may have their researcher identification cards revoked by a NARS facility director. A researcher whose card has been revoked shall immediately be denied research privileges at all NARS facilities and shall be given written notification of the reasons for the revocation within 3 work days of that action. A researcher having his researcher identification card revoked shall have 30 days after the revocation in which to make a written appeal to the Archivist of the United States, National Archives and Records Service (N), General Services Administration, Washington, D.C. 20408, for reinstatement of research privileges. The Archivist of the United States shall, upon receipt of an appeal, have 30 days in which to decide whether or not research privileges should be reinstated. If the revocation is upheld or if no appeal is made, the researcher shall be prohibited from applying for another researcher identification card for a period of 6 months from the date of the revocation, and all NARS facilities shall be so notified. At the end of 6 months, a researcher who has had his NARS identification card revoked may reapply for research privileges. Upon application, a new researcher identification card will be issued for a probationary period of 2 months. However, if based on the reasons for the revocation of research privileges, the probationary reinstatement of a researcher poses a substantial threat to the safety of persons or property, the facility director shall deny probationary reinstatement and so advise the applicant in writing within 3 working days of receiving the reinstatement application. At the end of the probationary

period the researcher may apply for a standard researcher identification card valid for 2 years. The NARS facility director will review the researcher's conduct in NARS facilities during the probationary period and determine whether a regular 2-year researcher identification card will be issued. If the researcher's conduct during the probationary period is determined to have been unsatisfactory by the NARS facility director, or if the facility director has denied a reinstatement application, research privileges will again be denied for 6 months. This second and any subsequent revocation of research privileges may be appealed to the Archivist of the United States pursuant to the procedures specified in this section.

[43 FR 1798, Jan. 12, 1978]

(a) Restrictions. The use of archives is subject to the restrictions prescribed by statute or Executive Order, or those restrictions specified in writing in accordance with 44 U.S.C. 2104 by the agency from which the records were transferred. The restrictions are published in the "Guide to the National Archives of the United States," which is hereby incorporated by reference, and supplemented by restriction statements approved by the Archivist of the United States and set forth in Subparts 105-61.53 and 105-61.54. The Guide is available from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The Guide may also be consult

ed at the NARS research facilities set forth in § 105-61.5101 and the GSA Business Service Center reading rooms set forth in § 105-60.303. NARS makes available any reasonably segregable portion of a record after the restricted portion has been deleted.

(b) Freedom of Information Act requests. Requests for access to unclassi fied archives under the Freedom of Information Act shall reasonably describe the records requested, shall be made in writing to the director of the appropriate NARS depository listed in § 105-61.5101 or to the Assistant Archivist for the National Archives, and shall clearly indicate that the request is being made under the act. Within 10 workdays after receiving a request for unrestricted records NARS makes them available. When restricted records are requested, NARS consults with the agency from which the records were transferred, when appropriate, to determine which exemption in 5 U.S.C. 552b, if any, justifies continuing the restrictions and makes a determination within 10 workdays unless consultation with the transferring agency requires an extension not to exceed 10 additional workdays. If an extension is required, NARS notifies the requester within 10 workdays from receipt of the request.

(c) Denials and appeals. Denials under the Freedom of Information Act of access to archives are made by the appropriate director of a Federal records center or a Presidential library or by the Assistant Archivist for the National Archives, who, within 10 workdays, notifies the requester of the reasons for denial and of the procedures for appeal. Appeals from denials may be made in writing to the Deputy Archivist of the United States, General Services Administration (ND), Washington, DC 20408. The Deputy Archivist consults with the agency specifying the restriction, when appropriate. and makes a determination within 20 workdays after the date of receipt of the appeal. If an extension is required, the Deputy Archivist notifies the requester within 20 workdays from receipt of the request. Time extensions will not exceed 10 workdays in the aggregate: Either solely in the initial or

in the appellate stage, or divided between them. If the determination is adverse in whole or in part, the Deputy Archivist notifies the requestter of his right to judicial review.

[40 FR 7925, Feb. 24, 1975]

§ 105-61.103-2 FRC records.

Requests for access to records on deposit in Federal records centers shall be addressed directly to the appropriate agency or to the FRC director at the address shown in § 105-61.5101. The use of FRC records is subject to access rules prescribed by the agency from which the records were transferred. When the agency's rules permit, NARS makes FRC records available to requesters. When access is precluded by these rules and restrictions, the FRC director will refer to the responsible agency the requests and any appeals for access, including those made under the Freedom of In#formation Act.

bility of the agency that classified the information unless that agency has authorized NARS to make such determinations.

(b) Records more than 30 years old. Determinations to declassify or to grant or deny access to national security information and materials more than 30 years old are the responsibility of NARS unless the head of the agency that classified the information personally certifies in writing that the information must remain classified.

(c) Presidential records. Determinations to declassify or to grant or deny access to national security information or materials classified by a President, his White House staff, or special committees or commissions appointed by him, are the responsibility of NARS and are made after consultation with the agencies having primary subjectmatter interest (see § 105-61.203 for provisions relating to classified Presidential donated historical materials). [40 FR 7926, Feb. 24, 1975]

§ 105-61.104-2 Public requests for review of national security information.

(a) General. All requests for access to national security information and material in the custody of NARS should reasonably describe the records desired, be addressed in writing to the director of the appropriate NARS depository listed in § 105-61.5101 or to the Assistant Archivist for the National Archives, and clearly indicate that the request is being made under the Freedom of Information Act. NARS makes available any reasonably segregable portion of a record after national security information has been deleted.

(b) Determinations made by other agencies. When the agency which classified the information is responsible for declassification determinations, NARS notifies the requester of the agency with declassification authority and forwards any declassification requests received by NARS to the classifying agency. The agency makes the determination and notifies both NARS and the requester. If declassification denied, the agency notifies the re quester of his right of appeal.

(c) Determinations made by NARS. When NARS is responsible for declassification and access determinations, NARS reviews the records requested; consults with the agency which classified the records or with agencies having primary subject-matter interest if so required by the classifying agency or Executive Order 11652; and makes a determination within 10 workdays unless consultation with another agency requires an extension not to exceed 10 additional workdays. If an extension is required, NARS notifies the requester within 10 workdays from receipt of the request. If declassification or access is denied, NARS notifies the requester of his rights of appeal (1) in accordance with § 105-61.103-1(c), (2) to the Interagency Review Committee under the provisions of Executive Order 11652.

(d) Declassified records. When records have been declassified and are not otherwise restricted from release under § 105-61.103, members of the public may use or order reproductions of the records in accordance with this Part 105-61.

[40 7926, Feb. 24, 1975]

§ 105-61.104-3 Access to records that remain classified.

(a) Sections 6 and 12 of Executive Order 11652 and Section VI B of the implementing NSC Directive provide that persons outside the Executive Branch engaged in historical research projects may be authorized access to classified information and material provided that the head of the originating department determines that the project and the granting of the access conform to the requirements of the Executive Order and the NSC Directive, and that the researcher agrees to adequately safeguard the information and material received.

(b) Any person desiring permission to examine such material in the custody of NARS shall, sufficiently in advance, submit to the Archivist of the United States:

(1) A completed application;

(2) Personal history data on appropriate forms that will be furnished; and

(3) A set of fingerprints. NARS refers applications to agencies having responsibility for the related programs. Records can be made available for examination only after each responsible agency has authorized the Archivist to make them available.

(c) The requirement for submission of a fingerprint set or of personal history data may be waived for an applicant who has previously furnished those items.

(d) To guard against the possibility of unauthorized access to restricted records, a director may issue and post in research rooms instructions supplementing the research room rules provided in § 105-61.102.

[40 FR 7926, Feb. 24, 1975]

§ 105-61.104-4 Mandatory review of White House classified materials.

Except when donor restrictions preclude granting access, NARS will review the material requested, consult with the agencies having primary subject-matter interest, determine whether the material may be declassified, and notify the requester within 30 calendar days. If the request is approved, the material will become available subject to the provisions of this Part 10561. If the request is denied, NARS will inform the requester of his right to appeal to the Interagency Classification Review Committee.

[37 FR 15689, Aug. 3, 1972]

§ 105-61.104-5 Access to materials that remain classified.

(a) Any person desiring permission to examine such materials shall, sufficiently in advance, submit to the Archivist of the United States a completed application, a set of his fingerprints, and personal history data on forms that will be furnished. Applications will be referred by the Archivist to agencies having responsibility for the related programs. Records can be made available for examination only after each appropriate agency has authorized the Archivist to make them available.

(b) The requirement for submission of a fingerprint set or of personal history data may be waived for an appli