National Archives and Records Administration (NARA).
NARA is correcting and updating internal references and form names covered in the records management regulations. This final rule will affect Federal agencies.
June 15, 2001.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Nancy Allard or Lynn Dubose at telephone number 301-713-7360 or fax number 301-713-7270.End Further Info End Preamble Start Supplemental 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.Start List of Subjects Start Printed Page 27027
List of Subjects
End List of Subjects Start Amendment Part
For the reasons set forth in the preamble, NARA amends Parts 1220, 1228, 1232, 1234 and 1236 of 36 CFR Chapter XII, as follows:End Amendment Part Start Part
PART 1220—FEDERAL RECORDS; GENERALEnd Part Start Amendment Part
1. The authority citation for part 1220 continues to read as follows:End Amendment Part Start Amendment Part
2. In § 1220.14, revise the definition ofEnd Amendment Part
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).
3. In paragraph (c) of § 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”.End Amendment Part Start Part
PART 1228—DISPOSITION OF FEDERAL RECORDSEnd Part Start Amendment Part
4. The authority citation for part 1228 continues to read as follows:End Amendment Part Start Amendment Part
5. In part 1228 remove the phrase “NSN 7610-01-055-8704” wherever it occurs and add in its place “(End Amendment Part
6. In § 1228.28, correct paragraph (b)(8)(i) by revising the reference to “§ 1228.188” to read “§ 1228.270”End Amendment Part
7. In the list of schedules in § 1228.44, revise entries 19 and 22 to read: “19. RESERVED.” and “22. Inspector General Records (WITHDRAWN).”, respectively.End Amendment Part
8. In paragraph (e) of § 1228.92 remove the term “End Amendment Part
9. In paragraph (b) of § 1228.104 remove the term “End Amendment Part
10. In § 1228.106 revise the reference to “End Amendment Part Start Amendment Part
11. Amend § 1228.160 by revising paragraph (f) to read as follows:End Amendment Part
(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).
12. In § 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,”.End Amendment Part Start Amendment Part
13. Amend § 1228.270 by revising paragraph (c)(2)(i) to read as follows:End Amendment Part
(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 § 1228.272 by revising paragraph (b)(2) to read as follows:End Amendment Part
(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 § 1228.282 to read as follows:End Amendment Part
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 MANAGEMENTEnd Part Start Amendment Part
16. The authority citation for part 1232 continues to read as follows:End Amendment Part
17. In paragraphs (a) and (e) of § 1232.20 revise the reference to “§ 1228.184” to read “§ 1228.266”.End Amendment Part
18. In § 1232.32 revise the reference to “§ 1228.184” to read § 1228.266”.End Amendment Part Start Part Start Printed Page 27028
PART 1234—ELECTRONIC RECORDS MANAGEMENTEnd Part Start Amendment Part
19. The authority citation for part 1234 continues to read as follows:End Amendment Part Start Amendment Part
20. In part 1234, whenever it occurs, revise the reference to “§ 1228.188” to read “§ 1228.270”.End Amendment Part
21. In paragraph (a) of § 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,”.End Amendment Part Start Part
PART 1236—MANAGEMENT OF VITAL RECORDSEnd Part Start Amendment Part
22. The authority citation for part 1236 continues to read as follows:End Amendment Part Start Amendment Part
23. Amend § 1236.26 by revising paragraphs (a) and (c)(2) to read as follows:End Amendment Part
(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 § 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]
BILLING CODE 7515-01-U