[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Pages 27026-27028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12265]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Parts 1220, 1228, 1232, 1234, and 1236

RIN 3095-AB02


Records Disposition; Technical Amendments

AGENCY: National Archives and Records Administration (NARA).

ACTION: Final rule.

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SUMMARY: NARA is correcting and updating internal references and form 
names covered in the records management regulations. This final rule 
will affect Federal agencies.

EFFECTIVE DATE: June 15, 2001.

FOR FURTHER INFORMATION CONTACT: Nancy Allard or Lynn Dubose at 
telephone number 301-713-7360 or fax number 301-713-7270.

SUPPLEMENTARY INFORMATION: Several amendments were made to Part 1228 in 
1999, however, some internal references to Part 1228 in other Parts in 
Subchapter B and forms were not updated at that time. This final rule 
contains technical amendments such as designations for NARA 
organizational components, addresses, form titles, and cross-
references.
    This final 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. As required by the Regulatory 
Flexibility Act, I certify that this final rule will not have a 
significant impact on a substantial number of small entities because it 
applies only to Federal agencies. This final rule has no federalism or 
tribalism implications.

[[Page 27027]]

List of Subjects

36 CFR Parts 1220

    Archives and records.

36 CFR Part 1228

    Archives and records, Federal buildings and facilities, 
Incorporation by reference.

36 CFR Part 1232

    Archives and records.

36 CFR Part 1234

    Archives and records, Computer technology.

36 CFR Part 1236

    Archives and records, Civil defense.


    For the reasons set forth in the preamble, NARA amends Parts 1220, 
1228, 1232, 1234 and 1236 of 36 CFR Chapter XII, as follows:

PART 1220--FEDERAL RECORDS; GENERAL

    1. The authority citation for part 1220 continues to read as 
follows:

    Authority: 44 U.S.C. 2104(a) and chs. 29 and 33.

    2. In Sec. 1220.14, revise the definition of National Archives of 
the United States to read as follows:


Sec. 1220.14  General definitions.

* * * * *
    National Archives of the United States means those records that 
have been determined by the Archivist of the United States to have 
sufficient historical or other value to warrant their continued 
preservation by the Federal Government and that have been transferred 
to the legal custody of the Archivist of the United States on a 
Standard Form 258 (Agreement to Transfer Records to the National 
Archives of the United States).
* * * * *


Sec. 1220.52  [Amended]

    3. In paragraph (c) of Sec. 1220.52 remove the term ``41 CFR 
subpart 201-45.6'' and add in its place the term ``GSA regulations in 
Title 41 of the CFR''.

PART 1228--DISPOSITION OF FEDERAL RECORDS

    4. The authority citation for part 1228 continues to read as 
follows:

    Authority: 44 U.S.C. chs. 21, 29, and 33.


    5. In part 1228 remove the phrase ``NSN 7610-01-055-8704'' wherever 
it occurs and add in its place ``(http://www.nara.gov/records/pubs/)''.


Sec. 1228.28  [Amended]

    6. In Sec. 1228.28, correct paragraph (b)(8)(i) by revising the 
reference to ``Sec. 1228.188'' to read ``Sec. 1228.270''


Sec. 1228.44  [Amended]

    7. In the list of schedules in Sec. 1228.44, revise entries 19 and 
22 to read: ``19. RESERVED.'' and ``22. Inspector General Records 
(WITHDRAWN).'', respectively.


Sec. 1228.92  [Amended]

    8. In paragraph (e) of Sec. 1228.92 remove the term ``41 CFR part 
201-45'' and add in its place the term ``GSA regulations in Title 41 of 
the CFR''.


Sec. 1228.104  [Amended]

    9. In paragraph (b) of Sec. 1228.104 remove the term ``41 CFR part 
201-45'' and add in its place the term ``GSA regulations in Title 41 of 
the CFR''.


Sec. 1228.106  [Amended]

    10. In Sec. 1228.106 revise the reference to ``36 CFR 1222.20(d)'' 
to read ``36 CFR 1222.36''.
    11. Amend Sec. 1228.160 by revising paragraph (f) to read as 
follows:


Sec. 1228.160  How does an agency transfer records to a NARA records 
center?

* * * * *
    (f) For further guidance on transfer of records to a NARA records 
center, consult the NARA Records Center Program web site (http://www.nara.gov), or current NARA publications and bulletins by contacting 
the Office of Regional Records Services (NR), individual NARA regional 
facilities, or the Washington National Records Center (NWMW).


Sec. 1228.266  [Amended]

    12. In Sec. 1228.266(e)(1) remove the phrase ``Nontextual Archives 
Division or its appropriate audiovisual branch,'' and add in its place 
the phrase ``appropriate Special Media Archives Services Division 
unit,''.

    13. Amend Sec. 1228.270 by revising paragraph (c)(2)(i) to read as 
follows:


Sec. 1228.270  Electronic records.

* * * * *
    (c) * * *
    (2) * * *
    (i) CD-ROMs used for this purpose must conform to ANSI/NISO/ISO 
9660-1990, American National Standard for Volume and File Structure of 
CD-ROM for Information Exchange. The standard is available from the 
National Information Standards Organization (NISO), Press Fulfillment, 
P.O. Box 451, Annapolis Junction, MD 20701, or the American National 
Standards Institute, 11 West 42nd Street, 13th floor, New York NY 
10036. It is also available for inspection at the Office of the Federal 
Register, 800 North Capitol Street, NW, Suite 700, Washington, DC. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated by reference as they exist on the date of 
approval and a notice of any change in these materials will be 
published in the Federal Register.
* * * * *

    14. Amend Sec. 1228.272 by revising paragraph (b)(2) to read as 
follows:


Sec. 1228.272  Transfer of records to the National Archives of the 
United States

* * * * *
    (b) * * *
    (2) Future transfers of series in agency space. Sixty days before 
the scheduled date of transfer to the National Archives of the United 
States, the transferring agency must submit an SF 258 to the Office of 
Records Services--Washington, DC (NWMD), 8601 Adelphi Road, College 
Park, MD 20740-6001, or to the appropriate Regional Records Services 
facility if so provided on the SF 115. NARA will determine whether 
specified restrictions are acceptable and whether adequate space and 
equipment are available.
* * * * *

    15. Revise Sec. 1228.282 to read as follows:


Sec. 1228.282  Disposal clearances.

    No records of a Federal agency still in existence will be disposed 
of by NARA except with the written concurrence of the agency concerned 
or as authorized on Standard Form 258, Agreement to Transfer Records to 
the National Archives of the United States.

PART 1232--AUDIOVISUAL RECORDS MANAGEMENT

    16. The authority citation for part 1232 continues to read as 
follows:

    Authority: 44 U.S.C. 2904 and 3101, and OMB Circular A-130.


Sec. 1232.20  [Amended]

    17. In paragraphs (a) and (e) of Sec. 1232.20 revise the reference 
to ``Sec. 1228.184'' to read ``Sec. 1228.266''.


Sec. 1232.32  [Amended]

    18. In Sec. 1232.32 revise the reference to ``Sec. 1228.184'' to 
read Sec. 1228.266''.

[[Page 27028]]

PART 1234--ELECTRONIC RECORDS MANAGEMENT

    19. The authority citation for part 1234 continues to read as 
follows:

    Authority: 44 U.S.C. 2904, 3101, 3102, and 3105.


    20. In part 1234, whenever it occurs, revise the reference to 
``Sec. 1228.188'' to read ``Sec. 1228.270''.


Sec. 1234.10  [Amended]

    21. In paragraph (a) of Sec. 1234.10 remove the phrase Aand the 
General Services Administration Regulations Branch (KMPR), Washington, 
DC 20405,'' and add in its place ``and the General Services 
Administration, Office of Government Policy (MKB), Washington, DC 
20405,''.

PART 1236--MANAGEMENT OF VITAL RECORDS

    22. The authority citation for part 1236 continues to read as 
follows:

    Authority: 44 U.S.C. 2104(a), 2904(a), 3101, E.O. 12958, 53 FR 
47491, 3 CFR 1988 Comp., p. 585.


    23. Amend Sec. 1236.26 by revising paragraphs (a) and (c)(2) to 
read as follows:


Sec. 1236.26  Protection of vital records.

* * * * *
    (a) Duplication. Computer backup tapes created in the normal course 
of system maintenance or other electronic copies that may be routinely 
created in the normal course of business may be used as the vital 
record copy. For hard copy records, agencies may choose to make 
microform copies. Standards for the creation, preservation and use of 
microforms are found in 36 CFR part 1230, Micrographic Records 
Management. The Clinger-Cohen Act (40 U.S.C. 1401, Pub. L. 104-106, et 
seq., as amended by Pub. L. 104-208), OMB Circular A-130, and 36 CFR 
part 1234, Electronic Records Management, and 41 CFR part 201, 
subchapter B, Management and Use of Information and Records, specify 
protective measures and standards for electronic records.
* * * * *
    (c) * * *
    (2) The off-site copy of legal and financial rights vital records 
may be stored at an off-site agency location or, in accordance with 
Sec. 1228.162 of this chapter, at an FRC.
* * * * *

    Dated: May 2, 2001.
John W. Carlin,
Archivist of the United States.
[FR Doc. 01-12265 Filed 5-15-01; 8:45 am]
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