[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45587-45588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19497]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1236

[FDMS No. NARA-18-0003; NARA-2018-058]
RIN 3095-AB98


Electronic Records

AGENCY: National Archives and Records Administration (NARA).

ACTION: Proposed rule.

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SUMMARY: We are revising our electronic records management regulation 
to include standards for digitizing temporary Federal records so that 
agencies may dispose of the original source records, where appropriate 
and in accordance with the Federal Records Act amendments of 2014.

DATES: Submit comments on or before November 9, 2018.

ADDRESSES: You may submit comments on this rule, identified by RIN 
3095-AB98, by any of the following methods:
    [ssquf] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ssquf] Email: [email protected]. Include RIN 3095-AB98 
in the subject line of the message.
    [ssquf] Mail (for paper, disk, or CD-ROM submissions): Send 
comments to: Regulation Comments Desk (External Policy Program, 
Strategy & Performance Division (MP)); Suite 4100; National Archives 
and Records Administration; 8601 Adelphi Road; College Park, MD 20740-
6001.
    Hand delivery or courier: Deliver comments to front desk at 8601 
Adelphi Road, College Park, MD, addressed to: Regulations Comments 
Desk, External Policy Program; Suite 4100.

FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori, by email at 
[email protected], or by telephone at 301-837-3151. Contact 
[email protected] with any questions on records management and 
digitization.

SUPPLEMENTARY INFORMATION: 

Background

    In 2014, the Federal Records Act at 44 U.S.C. 3302 was amended by 
Public Law 113-87 to require NARA to issue standards for reproducing 
records digitally `with a view toward the disposal of original 
records.' The amendment applies to both temporary and permanent 
records.
    This rule proposes standards for temporary records so that agencies 
may establish appropriate processes for digitizing temporary records. 
Temporary records constitute the majority of Federal records; agencies 
retain them for a specific period of time, as established by records 
schedules. At the end of the scheduled retention period, temporary 
records are then destroyed. Digitization standards for temporary 
records ensure that agencies can continue to use the digital versions 
for the same purposes as the original records for the duration of that 
time period.
    This rule would provide agencies with guidance necessary to proceed 
with significant digitization and destruction projects for temporary 
records. We are currently developing standards for digitizing permanent 
records, which we will publish as a

[[Page 45588]]

separate rulemaking. Until these standards are published as a final 
rule, we recommend that agencies discuss digitization projects with 
their general counsel before disposing of original records.
    While we develop the standards necessary for digitizing permanent 
Federal records, agencies should continue to follow the process in the 
General Records Schedule, 36 CFR 1225.24, and NARA Bulletin 2010-04, 
Guidance Concerning Notifications for Previously Scheduled Permanent 
Records (https://www.archives.gov/records-mgmt/bulletins/2010/2010-04.html).
    In addition to issuing digitization standards for temporary 
records, we are also removing 36 CFR 1236.1 because it restates the 
authorities already cited in the authority line. We are also working on 
revisions to the rest of this regulation regarding electronic records 
management, but those revisions will be reflected in future 
rulemakings.

Regulatory Review Information

    This rule is not a significant regulatory action for the purposes 
of E.O. 12866 and a significance determination was requested from the 
Office of Management and Budget (OMB). As a result, this rule is also 
not subject to deregulatory requirements contained in E.O. 13771. It is 
also not a major rule as defined in 5 U.S.C. Chapter 8, Congressional 
Review of Agency Rulemaking. As required by the Regulatory Flexibility 
Act, we certify that this rule will not have a significant impact on a 
substantial number of small entities; it applies only to agency efforts 
to digitize temporary records. This rule also does not have any 
Federalism implications and does not contain any collections of 
information under the Paperwork Reduction Act.

List of Subjects in 36 CFR Part 1236

    Archives and records.

    For the reasons stated in the preamble, NARA amends 36 CFR part 
1236 as follows:

0
1. Revise the authority citation for part 1236 to read as follows:

    Authority: 44 U.S.C. 2904, 3101, 3102, 3105, 3301, 3302, and 
3312.

0
2. Revise the table of contents by:
0
a. Removing the entry for 1236.1, What are the authorities for part 
1236?, and
0
b. Adding a new Subpart D to read as follows:

Subpart D--Digitizing Federal Records


1236.30  Digitizing temporary records.

    (a) Agencies must apply the following standards when digitally 
reproducing (digitizing) temporary records in order to destroy the 
original source records.
    (b) When digitizing temporary records, agencies must:
    (1) Capture all information contained in the source records;
    (2) Include all the pages or parts in the source records;
    (3) Ensure they can use the digital versions for the purposes the 
source records served; and
    (4) Ensure they can locate, retrieve, access, and use the digital 
versions for the records' entire retention period.
    (c) Agencies must validate that the digital versions meet the 
standards in subparagraph (b). When an agency has validated that the 
digital versions meet these standards, the agency can destroy the 
original source records pursuant to a NARA-approved GRS and agency-
specific records schedule.

David S. Ferriero,
Archivist of the United States.
[FR Doc. 2018-19497 Filed 9-7-18; 8:45 am]
 BILLING CODE 7515-01-P