[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Proposed Rules]
[Pages 56015-56016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20929]


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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 [email protected]. 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?

* * * * *

------------------------------------------------------------------------
           Type of  record                        Conditions
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                                * * * * *
(2) * * *...........................  (i) * * *.
                                      (ii) Also requires prior
                                       notification to NARA (see Sec.
                                       1228.154(b)).
------------------------------------------------------------------------

* * * * *
    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]
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