[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Rules and Regulations]
[Pages 18801-18803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8078]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 69, No. 69 / Friday, April 9, 2004 / Rules 
and Regulations  

[[Page 18801]]



OFFICE OF THE FEDERAL REGISTER

1 CFR Part 51


Address Change for Inspection of Materials Incorporated by 
Reference

AGENCY: Office of the Federal Register, NARA.

ACTION: Technical amendment.

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SUMMARY: This document changes the address for public inspection of 
materials incorporated by reference and filed at the Office of the 
Federal Register (OFR). The change is necessary because the collection 
of incorporated materials has accumulated to the point that the OFR 
cannot accommodate any additional material in its building in 
Washington, DC. The Office is transferring older material to the 
National Archives building in College Park, MD, and to the Washington 
National Records Center in Suitland, MD. A new general availability 
statement replaces the Washington, DC, address wherever it appears 
throughout titles 1 through 50 of the Code of Federal Regulations.

EFFECTIVE DATE: April 9, 2004. We will accept comments on this 
technical amendment through June 8, 2004.

ADDRESSES: To submit comments or questions, please use any of the 
following methods:
     E-mail: [email protected]. Include the 
heading ``Address for IBR Materials'' in the subject line of the 
message.
     Fax: 202-741-6012.
     Mail: Office of the Federal Register (NF), 
National Archives and Records Administration, 8601 Adelphi Road, 
College Park, MD 20740-6001.
     Hand Delivery or Courier: Office of the Federal 
Register, 800 North Capitol Street, Suite 700, Washington, DC 20002.
     Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Amy Bunk, Attorney-Advisor, Office of 
the Federal Register, 800 North Capitol Street, Suite 700, Washington, 
DC 20002. Telephone: 202-741-6030. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the Freedom of Information Act (FOIA), 5 U.S.C. 552(a), the 
Director of the Federal Register has the sole responsibility for review 
and approval of materials incorporated by reference into the Federal 
Register system. In administering this provision of the FOIA, the 
Office of the Federal Register (OFR) acts as an independent regulatory 
authority. Currently, all materials approved for incorporation by 
reference in the Federal Register and Code of Federal Regulations (CFR) 
are maintained at the OFR in Washington, DC. The OFR's address in 
Washington, DC, appears as an inspection location for all of these 
materials throughout titles 1 through 50 of the CFR.
    The collection of material has grown to the point that the OFR has 
exceeded its capacity for on-site storage. To rectify this situation, 
the OFR proposed a permanent retention schedule be established for all 
materials incorporated by reference in titles 1 through 50 of the Code 
of Federal Regulations, under 36 CFR part 1228 and the National 
Archives and Records Administration's (NARA) records management 
handbook, ``Disposition of Federal Records to NARA'' (http://www.archives.gov/records_management/publications/disposition_of_federal_records/). A notice of availability of the OFR's proposed 
record schedule and request for comments was published on May 6, 2003 
(68 FR 24020). NARA received no comments regarding OFR's proposed 
record schedule. Under the newly approved records schedule, the OFR is 
authorized to transfer materials incorporated by reference to new 
locations.
    The records schedule identifies three categories of records: 
Aircraft Service Bulletins (SBs) incorporated by reference into Federal 
Aviation Administration (FAA) Airworthiness Directives at 14 CFR part 
39, State Implementation Plans (SIPs) incorporated by reference into 
Environmental Protection Agency (EPA) regulations at 40 CFR part 52, 
and all other technical standards and miscellaneous materials 
incorporated by reference into various other agencies' regulations 
throughout the CFR.
    FAA Service Bulletins will be held at the Office of the Federal 
Register, 800 North Capitol St., NW., Suite 700, Washington, DC, for 3 
years starting from the year in which they were incorporated by 
reference into the CFR. They will then be transferred to the Washington 
National Records Center (WNRC), 4205 Suitland Road, Suitland, MD, and 
held for years 3 through 10. When the records are 10 years old, they 
will be transferred from WNRC to the National Archives at College Park, 
8601 Adelphi Road College Park, MD, for permanent retention.
    EPA State Implementation Plans (SIPs) will be held at the Office of 
the Federal Register, 800 North Capitol St., NW., Suite 700, 
Washington, DC, for approximately 5 years from the year in which they 
were incorporated by reference. They will then be transferred to the 
WNRC, 4205 Suitland Road, Suitland, MD, and held for years 5 through 
15. When the records are 15 years old, they will be transferred from 
WNRC to the National Archives at College Park, 8601 Adelphi Road 
College Park, MD, for permanent retention.
    All other materials incorporated by reference into the CFR will be 
held at the Office of the Federal Register, 800 North Capitol St., NW., 
Suite 700, Washington, DC, for 5 years from the year in which they were 
incorporated by reference into the CFR. They will then be transferred 
to the WNRC, 4205 Suitland Road, Suitland, MD, and held for years 5 
through 15. When the records are 15 years old, they will be transferred 
from WNRC to the National Archives at College Park, 8601 Adelphi Road, 
College Park, MD, for permanent retention.
    The following table summarizes the disposition schedule and 
location of the materials incorporated by reference. The dates and 
timeframes listed are approximate because the records will be gathered 
annually and transferred in groups. Persons interested in inspecting 
incorporated materials should call the Federal Register Legal Staff at 
202-741-6030 for help in determining the current location of the 
materials. The location

[[Page 18802]]

and contact information is also posted on NARA's Web site.

                         Disposition and Location of Materials Incorporated by Reference
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                                                                  Location of records
                                      --------------------------------------------------------------------------
                                        Office of the Federal     Washington National      National Archives at
         Category of records             Register, 800 North      Records Center, 4205      College Park, 8601
                                       Capitol St., NW., Suite       Suitland Road,        Adelphi Rd., College
                                         700, Washington, DC          Suitland, MD               Park, MD
----------------------------------------------------------------------------------------------------------------
                                                                    Retention period
                                      --------------------------
Aircraft Service Bulletins for FAA     From Year 0-3..........  From Year 3-10.........  From Year 10 Forward
 Airworthiness Directives (14 CFR 39).                                                    (permanent storage).
State Implementation Plans and         From Year 0-5..........  From Year 5-15.........  From Year 15 Forward
 Amendments submitted to EPA (40 CFR                                                      (permanent storage).
 part 52).
All other materials incorporated by    From Year 0-5..........  From Year 5-15.........  From Year 15 Forward
 reference in the CFR.                                                                    (permanent storage).
----------------------------------------------------------------------------------------------------------------

    The OFR remains the legal custodian of the incorporated by 
reference materials stored at WNRC, and therefore controls access to 
the records. WNRC requires researchers obtain a written request and 
authorization from the OFR before the records can be used. If you are 
interested in researching these materials at WNRC, please call the OFR 
at 202-741-6030 to obtain authorization to review these materials. 
Please note that WNRC's Reference Services Branch must receive the 
request and authorization at least one day before the researcher's 
visit. For more information on viewing materials at WNRC, see http://www.archives.gov/facilities/md/suitland/public_services.html#general.
    When materials are transferred from WNRC to NARA's College Park, 
MD, facility for permanent storage in the Archives of the United 
States, NARA, rather than the OFR, becomes the legal custodian of the 
records. For general information about NARA's College Park facility, 
see http://www.archives.gov/facilities/md/archives_2.html. For 
information about researching records at the College Park facility, see 
http://www.archives.gov/facilities/md/researcher_information.html.
    Materials incorporated by reference are also available from sources 
other than NARA. Availability statements for all material approved for 
incorporation by reference in the CFR cite contact information for the 
publisher and the inspection location at each agency that incorporated 
the material. That information remains unchanged throughout the CFR.

The Amendment

    Since materials incorporated by reference will be located at 
different NARA facilities based on the type of document and the year in 
which it was incorporated by reference into the CFR, the OFR must 
replace the address of the Office of the Federal Register wherever it 
is listed as a public inspection location in titles 1 through 50 of the 
CFR. The language listing the OFR's address as the location for 
inspection will be replaced by a general availability statement and 
contact information that reads as follows: ``or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.''

Rulemaking Analyses and Notices

Administrative Procedure

    The APA permits an agency to waive the normal notice and comment 
requirements if it finds, for good cause, that doing so would be 
impracticable, unnecessary, or contrary to the public interest as per 5 
U.S.C. 553(b). The OFR finds that there is good cause to waive prior 
notice and comment as it would be unnecessary and serve no useful 
public interest to establish a comment period for a nonsubstantive 
action to change address information for materials at a public 
inspection room. We also find that there is good cause to make this 
rule effective immediately upon publication under 5 U.S.C. 553(d)(3), 
as the collection of incorporated by reference material has accumulated 
to the point that the OFR cannot accommodate any additional on site 
storage. In any case, the OFR will take comments and questions at the 
addresses provided to ensure that our customers understand this change 
to the availability of incorporated by reference materials.

Executive Order 12866 (Regulatory Planning and Review)

    The OFR has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866. It is 
anticipated that the economic impact of this rulemaking will be minimal 
because the technical amendment merely changes the address for public 
inspection of documents.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the OFR has evaluated the effects of this action on 
small entities and has determined that this action will not have a 
significant economic impact on a substantial number of small entities. 
The change of address will not significantly affect access to 
incorporated by reference materials. For this reason, the OFR certifies 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This interim rule does not impose unfunded mandates as defined by 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 
1995, 109 Stat. 48). This rule will not result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any one year.

Executive Order 13132 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and the OFR has determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.

[[Page 18803]]

The OFR has also determined that this action does not preempt any State 
law or State regulation or affect the States' ability to discharge 
traditional State governmental functions.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.

Congressional Review

    This rule is not a major rule as defined by 5 U.S.C. 804(2). The 
OFR will submit a rule report, including a copy of this final rule, to 
each House of the Congress and to the Comptroller General of the United 
States as required under the congressional review provisions of the 
Small Business Regulatory Enforcement Fairness Act of 1986.

List of Subjects in 1 CFR Part 51

    Administrative practice and procedure, Incorporation by Reference.

0
For the reasons discussed in the preamble, and under the authority of 5 
U.S.C. 552(a), the Director of the Federal Register amends titles 1 
through 50 of the Code of Federal Regulations as set forth below:
0
1. Wherever it appears in titles 1 through 50, the phrase ``or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.'' is revised to read: ``or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.''

    Dated: April 6, 2004.
Raymond A. Mosley,
Director of the Federal Register.
[FR Doc. 04-8078 Filed 4-8-04; 8:45 am]
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