[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Rules and Regulations]
[Pages 21436-21437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06406]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1237

[FDMS No. NARA-24-0006; NARA-2024-022]
RIN 3095-AC17


Federal Records Management: Digital Photographs

AGENCY: National Archives and Records Administration (NARA).

ACTION: Direct final rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
removing provisions in established regulations that cover special 
concerns for digital photographs. This revision is necessary because 
recent amendments create new and more specific requirements for 
digitizing permanent photographic prints. The recent amendments do not 
address digitized negatives and slides, therefore requirements for 
managing these formats have been revised and retained in the existing 
regulations.

DATES: This rule is effective May 28, 2024 without further action, 
unless adverse comment is received by April 29, 2024. If adverse 
comment is received, NARA will publish a timely withdrawal of the rule 
in the Federal Register.
    The incorporation by reference of certain material listed in the 
rule was approved by the Director of the Federal Register as of 
November 2, 2009.

ADDRESSES: You may submit comments on this rule, identified by RIN 
3095-AC17, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include RIN 3095-AC17 in the 
subject line of the message.
    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 the front desk at 
8601 Adelphi Road, College Park, MD, addressed to: Regulations Comments 
Desk, External Policy Program; Suite 4100.

FOR FURTHER INFORMATION CONTACT: Edward Germino, Strategy and 
Performance Division, by email at [email protected], or by 
telephone at 301-837-3758. Contact [email protected] with any 
questions on records management standards and policy.

SUPPLEMENTARY INFORMATION:

Background

    Digital photographs play a vital role in modern recordkeeping and 
NARA has been actively involved in creating guidelines for their 
preservation. The changes we made in May 2023 to 36 CFR part 1236 
subpart E (88 FR 28410, May 4, 2023) supersede the requirements for 
digitizing permanent photographic prints in Sec.  1237.28(d).

[[Page 21437]]

Therefore, NARA is removing the provisions of Sec.  1237.28(d) relating 
to scanned digital images of photographic prints. Section 1237.28(d) 
now refers to part 1236 subpart E for digitizing photographic prints. 
Because NARA does not yet have standards for digitizing negatives and 
slides, we have retained Sec.  1237.28(d) and limited its scope to 
apply only to records in these formats.
    Once our revision of Sec.  1237.28(d) is complete, agencies and 
contractors must follow the provisions outlined in part 1236 subpart E 
and the instructions in other relevant sections of part 1236 for 
digitizing photographic prints. These provisions cover various aspects 
such as scheduling and transfer, selection of image management software 
and hardware, digital image storage strategies, quality control for 
scanned digital images, inspection and preservation of born-digital 
images, record set designation, organization of digital images, 
documentation requirements, and creation of finding aids. Agencies and 
contractors are encouraged to consult the appropriate NARA guidance and 
resources for detailed instructions and help in implementing these 
management practices.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563, Improving Regulation and Regulation Review

    The Office of Management and Budget (OMB) has reviewed this 
rulemaking and determined it is not ``significant'' under section 3(f) 
of Executive Order 12866. It is not significant because it applies only 
to Federal agencies, updates the regulations due to a statutory 
requirement, only clarifies requirements that agencies already have to 
follow, and does not establish a new program. The requirements are 
necessary to comply with statute and to ensure agencies are 
appropriately preserving records.

Regulatory Flexibility Act (5 U.S.C. 601, et seq.)

    This review requires an agency to prepare an initial regulatory 
flexibility analysis and publish it when the agency publishes the 
proposed rule. This requirement does not apply if the agency certifies 
that the rulemaking will not, if promulgated, have a significant 
economic impact on a substantial number of small entities (5 U.S.C. 
603). We certify, after review and analysis, that this rulemaking will 
not have a significant adverse economic impact on small entities.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.) 
requires that agencies consider the impact of paperwork and other 
information collection burdens imposed on the public and, under the 
provisions of PRA section 3507(d), obtain approval from OMB for each 
collection of information we conduct, sponsor, or require through 
regulations. This rulemaking does not impose additional information 
collection requirements on the public that are subject to the Paperwork 
Reduction Act.

Executive Order 13132, Federalism

    Executive Order 13132 requires agencies to ensure State and local 
officials have the opportunity for meaningful and timely input when 
developing regulatory policies that may have a substantial, direct 
effect on the states, on the relationship between the Federal 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. If the effects 
of the rule on State and local governments are substantial, the agency 
must prepare a Federal assessment to assist senior policymakers. This 
rulemaking will not have any effects on State and local governments 
within the meaning of the E.O. Therefore, no federalism assessment is 
required.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 2 U.S.C. 1532)

    The Unfunded Mandates Reform Act requires that agencies determine 
whether any Federal mandate in the rulemaking may result in State, 
local, and Tribal governments, in the aggregate, or the private sector, 
expending $100 million in any one year. NARA certifies that this 
rulemaking does not contain a Federal mandate that may result in such 
an expenditure.

Materials Incorporated by Reference

    The following standards appear in the amendatory text of this 
document and were previously approved for the locations in which they 
appear: ANSI/AIIM TR34; ISO 2859-1.

List of Subjects in 36 CFR 1237

    Archives and records, Digital photographs, Digital records, 
Incorporation by reference, Records management.

    For the reasons discussed in the preamble, NARA amends 36 CFR part 
1237 as follows:

PART 1237--AUDIOVISUAL, CARTOGRAPHIC, AND RELATED RECORDS 
MANAGEMENT

0
1. The authority citation for part 1237 continues to read as follows:

    Authority: 44 U.S.C. 2904 and 3101.


Sec.  1237.3  [Amended]

0
2. Amend Sec.  1237.3 by removing and reserving paragraph (e)(1).

0
3. Amend Sec.  1237.28 by revising paragraph (d) to read as follows:


Sec.  1237.28  What special concerns apply to digital photographs?

* * * * *
    (d)(1) When digitizing permanent or unscheduled slides and 
negatives, agencies must document the quality control inspection 
process used during the digitization process.
    (i) Conduct a visual inspection of a sample of the scanned images 
to identify any defects. Additionally, evaluate the accuracy of finding 
aids, and verify the integrity of file header information and file 
names.
    (ii) The sample size must be large enough to yield statistically 
valid results. To determine the appropriate sample size, use one of the 
quality sampling methods outlined in ANSI/AIIM TR34 (incorporated by 
reference, see Sec.  1237.3). Agencies may consult ISO 2859-1:1996 for 
further guidance (contact NARA's textual research room or NARA's 
Regulation Comments Desk, see Sec.  1237.3(a), for availability).
    (2) When digitizing permanent or unscheduled photographic prints, 
refer to the requirements specified in part 1236 subpart E of this 
subchapter.
* * * * *

Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024-06406 Filed 3-27-24; 8:45 am]
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