Comment on FR Doc # E7-17913

Document ID: NARA-07-0003-0003
Document Type: Public Submission
Agency: National Archives And Records Administration
Received Date: October 16 2007, at 10:00 AM Eastern Daylight Time
Date Posted: October 17 2007, at 12:00 AM Eastern Standard Time
Comment Start Date: September 11 2007, at 12:00 AM Eastern Standard Time
Comment Due Date: November 13 2007, at 11:59 PM Eastern Standard Time
Tracking Number: 8030619d
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This is comment on Proposed Rule

Public Availability and Use of Federal Records

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John Galmiche 607G NW 23rd Street Washington, DC 20052 Subject: National Archives and Records Administration Proposed Rule [36 CFR Part 1250] Date: Thursday, October 11, 2007 Dear Madam or Sir: I?d like to express my general support for the National Archives and Records Administration?s proposed rule to implement the Freedom of Information Act, as amended in 1992, to increase the ease at which the public can access federal records. This proposed rule initially looked like standard implementation of FOIA to a federal agency, but I am convinced that it is so much more than that. I firmly believe that the official implantation of this rule with result in the public?s interest to learn more about what NARA has to offer. As a college student in Washington, DC, I have seen first hand that the national archives act as one of the best reading rooms in the city to complete research. My senior history thesis on Revolutionary War pension records was almost completed manufactured in a NARA reading room. I know that through the implementation of FOIA, other college students and researchers from around the country will have the same ability that I have had to learn incredible things about our nation?s history. Education must remain a staple of the American fabric, and what better way to do this than to allow Americans easier access to the documents that comprise out past. I was most impressed by the concerted effort to make these documents digitally accessible. As our nation grows and the interconnectedness of the American people becomes more dominated by the advent of the internet, it is important for government agencies to keep up with demands. I furthermore applaud the implementation of Executive Order 13392 which improves agency disclosure of information. I was concerned about three things as written in the rule that I would like to express my discontent toward. The first being the ambiguity surrounding Executive Order 13233 which allows the president at least 90 days to make a determination on any presidential document. The rule was very vague on what exactly comprises a ?presidential? record. If government agencies and bureaucrats work at the will of the president, does E.O. 13233 mean that all of these documents are presidential? The written rule gives no explanation to my quarry. I am also disconcerted with the supplemental information I was required to do to make this comment viable. The new amendments to ? 1250 are completed laid out in the proposal; however, the original text, that is what was taken out, is impossible to gather based of the information provided in the Federal Register. This makes it very difficult for the public to comment on anything that includes amendments to an old rule. I had to do supplemental research on the Code of Federal Regulations, and find out not only what the new language will say, but also to find the language that was taken out. For example, ?Revise ? 1250.8 to read as follows?NARA provides access to the following records?? First of all, the public has no idea what 1250.8 was revised from, only what it was revised to, and it is disconcerting that a bureaucrat would be able to slip in a statue that is overlooked in the public comment period. Although my research did not amount to any issue with this specific rule, it worries me that public comment will not be sufficient without knowing what has been taken out of the provisions. My final concern surrounds the period by witch NARA will respond to a FOIA request. This leaves ambiguity surrounding the amount of days that they have to respond to a proposed request for information. The proposed amendment to ? 1250.82 reads, ?we propose to provide a 10 day response time for the submitter, instead of the current 5 day period.? However, under ? 1250.25, ?NARA will acknowledge all FOIA request within 20 working days.? I am hoping that the proposed language will clear up these ambiguities, and the rule will be accepted without reservation. Thank you for taking the time to read my comment on the proposed rule. Sincerely, John Galmiche

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