[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74976-74977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27420]


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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: Final rule.

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SUMMARY: NARA is revising our regulations to allow unscheduled records 
to be transferred to records storage facilities. These changes will 
allow agencies to transfer unscheduled records in a timely manner.

DATES: This rule is effective January 14, 2005.

FOR FURTHER INFORMATION CONTACT: Cheryl Stadel-Bevans at telephone 
number (301) 837-3021 or fax number (301) 837-0319.

SUPPLEMENTARY INFORMATION: NARA published a proposed rule on September 
17, 2004, at 69 FR 56015, for a 60-day public comment period. We 
received two comments, both from Federal agencies. One comment 
expressed no concerns about the proposed rule. The second comment 
supported the changes

[[Page 74977]]

outlined in the proposed rule. Therefore, we are making no changes in 
this final rule.
    This final rule is not a significant regulatory action for the 
purposes of Executive Order 12866 and has been reviewed by the Office 
of Management and Budget (OMB). As required by the Regulatory 
Flexibility Act, it is hereby certified that this final rule will not 
have a significant impact on a substantial number of small entities 
because this rule applies to Federal agencies. This final rule does not 
have any federalism implications.

List of Subjects in 36 CFR Part 1228

    Archives and records.


0
For the reasons set forth in the preamble, NARA amends chapter XII of 
title 36 of the Code of Federal Regulations as follows:

PART 1228--DISPOSITION OF FEDERAL RECORDS

0
1. The authority for Part 1228 continues to read as follows:

    Authority: 44 U.S.C. chs. 21, 29, and 33.


0
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)).
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* * * * *

0
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) * * *
    (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: December 9, 2004.
John W. Carlin,
Archivist of the United States.
[FR Doc. 04-27420 Filed 12-14-04; 8:45 am]
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