[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Proposed Rules]
[Page 56015-56016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-29]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1228
RIN 3095-AB41
Records Management; Unscheduled Records
AGENCY: National Archives and Records Administration (NARA).
ACTION: Proposed rule.
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SUMMARY: NARA is seeking comments from Federal agencies and the public
on a proposed revision to our regulations to allow unscheduled records
to be transferred to records storage facilities. These changes would
allow agencies to transfer unscheduled records in a timely manner.
DATES: Submit comments on or before November 16, 2004.
ADDRESSES: NARA invites interested persons to submit comments on this
proposed rule. Please include ``Attn: 3095-AB41'' and your name and
mailing address in your comments. Comments may be submitted by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the 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 Cheryl Stadel-Bevans at (301) 837-3021.
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: Cheryl Stadel-Bevans at telephone
number (301) 837-3021 or fax number (301) 837-0319.
SUPPLEMENTARY INFORMATION:
Background on Proposed Regulation Changes
As part of NARA's Records Management Initiatives to redesign
Federal records management, NARA has determined that Federal agencies
should be allowed to transfer unscheduled records to records storage
facilities after notification to NARA but in advance of submitting a
Standard Form (SF) 115 to schedule the records. The proposed rule does
not change the prohibition on destruction of records without an
approved SF 115. The existing regulation requires agencies to develop
and submit the SF 115 prior to transferring records into a records
storage facility. We believe that the proposed change would facilitate
agency operations.
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 Federal agencies. This proposed rule does
not have any federalism implications.
List of Subjects in 36 CFR Part 1228
Archives and records.
For the reasons set forth in the preamble, NARA proposes to amend
chapter XII of title 36 of the Code of Federal Regulations as follows:
PART 1228--DISPOSITION OF FEDERAL RECORDS
1. The authority for Part 1228 continues to read as follows:
Authority: 44 U.S.C. chs. 21, 29, and 33.
2. Amend Sec. 1228.152 by revising the entry in the table for item
(2)(ii) to read as follows:
Sec. 1228.152 Under what conditions may Federal records be stored in
records storage facilities?
* * * * *
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Type of record Conditions
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* * * * *
(2) * * *........................... (i) * * *.
(ii) Also requires prior
notification to NARA (see Sec.
1228.154(b)).
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* * * * *
3. Amend Sec. 1228.154 by revising paragraphs (b) and (c)(1)(vii)
to read as follows:
Sec. 1228.154 What requirements must an agency meet when it transfers
records to a records storage facility?
* * * * *
(b) To transfer unscheduled records, notify NARA (NWML) in writing
prior to the transfer. The notification must identify the records
storage facility and include a copy of the information required by
paragraph (c) of this section.
* * * * *
(c) * * *
[[Page 56016]]
(1) * * *
(vii) Citation to NARA-approved schedule or agency records
disposition manual (unscheduled records must cite the date the agency
notified NARA or, if available, the date the SF 115 was submitted to
NARA);
* * * * *
Dated: September 9, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-20929 Filed 9-16-04; 8:45 am]
BILLING CODE 7515-01-P