19552 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

be detailed on a plan showing the

general layout of the tanks, and, if a

tanker is so fitted, a midship crosssection showing double bottom tanks

and ballast side tanks.

(g) If a Material Safety Data Sheet

(MSDS) on a hazardous cargo that a

vessel is carrying is not available in a

Seaway Traffic Control Center, the

vessel shall provide information

enabling the preparation of an MSDS.

(h) Every vessel shall submit its load

plan to the nearest Seaway Traffic

Control Center and, if there are

subsequent changes in stowage

including loading and discharging

during a transit, the vessel shall submit

an updated plan before departing from

any port between St. Lambert and Long

Point.

18. Section 401.75 is revised to read

as follows:

§ 401.75 Payment of tolls.

(a) Every toll invoice shall be paid in

Canadian or American funds, as

indicated on the invoice, within fortyfive days after the vessel enters the

Seaway, and any adjustment of the

amount payable shall be provided for in

a subsequent invoice.

(b) Tolls, established by agreement

between Canada and the United States

and known as the St. Lawrence Seaway

Tariff of Tolls, shall be paid by pleasure

craft in Canadian or American funds for

the transit of each Seaway lock.

§ 401.77 [Removed and Reserved]

19. Section 401.77 is removed and

reserved.

20. Section 401.84 is amended by

revising paragraph (c) to read as follows:

§ 401.84 Reporting of impairment or other

hazard by vessels transiting within the

Seaway.

* * * * *

(c) Any malfunction on the vessel of

equipment required by §§ 401.5 to

401.21 and subsections (e) through (j) of

Schedule I of subpart A of this Part;

* * * * *

21. Section 401.89 is amended by

revising paragraph (a)(1) to read as

follows:

§ 401.89 Transit refused.

(a) An officer may refuse to allow a

vessel to transit when,

(1) The vessel is not equipped in

accordance with §§ 401.6 to 401.21 and

subsections (e) to (j) of Schedule I of

subpart A of this part when transiting

the Canadian waters of the Seaway;

* * * * *

22. Section 401.91 is revised to read

as follows:

§ 401.91 Removal of obstructions.

The Corporation or the Authority

may, at the owner’s expense, move any

vessel, cargo, or thing that obstructs or

hinders transit on any part of the

Seaway.

23. Section 401.94 is revised to read

as follows:

§ 401.94 Keeping copy of regulations.

A copy of these Regulations (subpart

A of Part 401), a copy of the vessel’s

latest Ship Inspection Report, and

Seaway Notices for the current

navigation year shall be kept on board

every vessel in transit.

24. Schedule I to subpart A, part 401

is amended by revising paragraph (d)(3)

to read as follows:

Schedule I—Vessels Transiting U.S. Waters

(d) * * *

(3) For each vessel with a fixed propeller,

a table of shaft revolutions per minute, for a

representative range of speeds, and a notice

showing any critical range of revolutions at

which the engine designers recommend that

the engine not be operated on a continuous

basis.

* * * * *

25. Schedule II to subpart A, part 401

is revised to read as follows:

SCHEDULE II.—TABLE OF SPEEDS 1

From— To—

Maximum speed over the bottom, knots

Col. III Col. IV

1. Upper Entrance, South Shore Canal ........... Lake St. Louis, Buoy A13 ................................. 10.5 ........................... 10.5.

2. Lake St. Louis, Buoy A13 ............................. Lower Entrance, Lower Beauharnois Lock ...... 16 .............................. 16.

3. Upper Entrance, Upper Beauharnois Lock Lake St. Francis, Buoy D3 ............................... 9 upb; 10.5 dnb ......... 9 upb; 10.5 dnb.

4. Lake St. Francis, Buoy D3 ........................... Lake St. Francis, Buoy D49 ............................. 12 .............................. 12.

5. Lake St. Francis, Buoy D49 ......................... Snell Lock ......................................................... 8.5 upb; 10.5 dnb ...... 8 upb; 10.5 dnb.

6. Eisenhower Lock .......................................... Iroquois Lock .................................................... 11.5 ........................... 10.5.

7. Iroquois Lock ................................................ McNair Island, Lt. 137 ...................................... 13 .............................. 10.5.

8. McNair Island, Lt. 137 .................................. Deer Island, Lt. 186 .......................................... 11.5 ........................... 10.5.

9. Deer Island, Lt. 186.. .................................... Bartlett Point, Lt. 227.. ...................................... 8.5 upb; 10.5 dnb ...... 8 upb; 10.5 dnb.

10. Bartlett Point, Lt. 227 .................................. Tibbetts Point .................................................... 13 .............................. 10.5.

11. Junction of Canadian Middle Channel and

Main Channel abreast of Ironsides Island.

Open Waters between Wolfe and Howe Islands through the said Middle Channel.9.5 ............................. 9.5.

12. Port Robinson ............................................. Ramey’s Bend through the Welland Bypass .... 8 ................................ 8.

13. All other canals ........................................... ........................................................................... 6 ................................ 6.

1 Maximum speeds at which a vessel may travel in identified areas in both normal and high water conditions are set forth in this schedule. The

Corporation and the Authority will, from time to time, designate the set of speed limits which is in effect.

26. Appendix I to subpart A, part 401

is amended by revising the first

sentence of the second undesignated

paragraph after paragraph (b) to read as

follows:

Appendix I—Vessel Dimensions

* * * * *

The limits in the block diagram are based

on vessels with a maximum allowable beam

of 23.2 m. * * *

* * * * *

Issued at Washington, DC on April 25,

1996.

Saint Lawrence Seaway Development

Corporation

Gail C. McDonald,

Administrator.

[FR Doc. 96–10941 Filed 5–1–96; 8:45 am]

BILLING CODE 4910–61–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1228

RIN 3095–AA65

Disposition of Federal Records

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19553

SUMMARY: NARA is amending its

regulations to require reimbursement for

certain records maintained in Federal

records centers that have exceeded the

authorized disposal date. NARA has

clarified in this final rule that the

requirement will not apply to records

whose disposition is stayed pending

NARA action on a previously submitted

record schedule. NARA is taking this

action because the Federal records

centers have a serious shortage of

storage space and can no longer absorb

the cost of storing records beyond their

scheduled disposal date. NARA is also

updating the addresses of the Federal

records centers.

EFFECTIVE DATE: The final rule is

effective June 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Debra Leahy at 301–713–7210.

SUPPLEMENTARY INFORMATION: On

September 26, 1995, NARA published a

notice of proposed rulemaking at 60 FR

49532. The 60-day comment period

ended on November 27, 1995, but

NARA considered all written comments

received by December 4, 1995, in

developing this final rule. Eight

comments, all from Federal agencies,

were received. The following major

points were raised:

Agencies should not be required to

pay for extended storage when the hold

on disposal is not under the control of

the agency. Five agencies stated that, in

most cases, extended retention

requirements are levied by another

office of the Federal Government in

anticipation of litigation, to meet a court

order, or to resolve an issue with the

Government Accounting Office. One

agency suggested that any storage fees

should be imposed on the organization

that requested the hold on disposal.

It is not NARA’s intent to impose a

burden on agencies. NARA believes that

the reimbursement plan is a reasonable

solution that will benefit both the

agencies and the Federal records

centers. In the past, NARA has absorbed

the cost of storing temporary records

that have exceeded their authorized

disposition date. However, because of

the continued growth of records in this

category, NARA can no longer pay for

the space needed to store such records.

Without reimbursement, NARA will be

forced, in the near future, to return the

records to the agencies for further

retention.

Like the agencies, NARA has no

means of projecting when a courtordered or GAO disposal suspension

will occur or how many records will be

affected. In some cases, entire record

groups have been placed under disposal

suspension. Legal custody of temporary

records remains with the agency even

though the records are stored in a

Federal records center. Therefore,

NARA must request reimbursement

from the legal custodian of the records

rather than from the imposer of the

disposal suspension. NARA

recommends that agencies work with

their attorneys and records officials, the

Department of Justice attorneys and

GAO officials when applicable, to

narrow the scope of records required for

litigations and audits.

Three agencies pointed out

circumstances where NARA has

rescinded disposal authority pending reappraisal of potentially permanent

records; where an SF 115, Request for

Disposition Authority, had been

submitted to NARA to approve a change

in the scheduled disposition; where

unscheduled records accepted for

accessioning into a Federal Records

Center (FRC) required screening to

separate permanent from disposable

records; and where an agency must

work with NARA to reconcile

conflicting mandated retention periods

for contractor-generated records. NARA

has never intended to require

reimbursement for continued storage of

records where the disposition of the

records is contingent on NARA action.

We have clarified § 1228.54(g) on this

point.

We have also modified § 1228.54 (g)

to provide that NARA will waive fees

for extended storage when the

administrative cost to NARA for the

agreement and billing would exceed the

fees expected to be received. For the

remainder of FY 1996, the threshold for

waiving fees will be $100 based on the

agency’s total records center holdings

subject to the fee. NARA will bill the

headquarters office rather than

individual offices or units.

One agency noted that occasionally,

when NARA sends a destruction notice,

an agency will discover that records

were retired to the FRC under the wrong

disposal authority and that the correct

retention period is longer. There will be

no charge for the extended storage

period for correction of this error.

Removal of records from FRC space.

If agencies do not wish to reimburse

NARA for continued storage of records

for the extended retention period, the

proposed rule would require agencies to

remove the records within 60 days. One

agency recommended that § 1228.54(g)

be amended to require removal within

90 days from the date of notification to

ensure that agencies had sufficient time

to effect the arrangements for removal.

NARA has adopted this comment.

Another agency commented that it

would be more costly for agencies to

store returned records in their office

space and that NARA discourages

agency records centers in another

section of Part 1228 by requiring

agencies to obtain NARA approval to

establish agency records centers. NARA

recognizes the agency’s argument that

FRC storage space is generally more

economical than storage in agency office

space. The purpose of the cited

regulatory requirement is to ensure that

agencies comply with the records

storage standards NARA imposes on

itself to protect the records and that the

agency centers are as cost-effective as

FRC’s. This regulatory provision is

based on 44 U.S.C. which requires

NARA approval of agency-operated

records centers.

Billing procedures. Two agencies

asked for clarification of billing

procedures.

The billing procedure will be

specified in the reimbursable agreement

that the agency and NARA will sign.

NARA anticipates billing agencies

quarterly, based on the volume of

retained holdings in the FRC system on

the last day of the quarter. Data for

fourth quarter billing will be cut off on

August 31 of each year. Agencies may

negotiate alternate arrangements with

the Office of Federal Records Centers

that will better serve the agency and

NARA.

Effective date. Five agencies stated

that the proposed January 1, 1996,

effective date did not give agencies

adequate lead time to budget for the

unplanned expenditure. Three of these

agencies recommended a delay in the

effective date until FY 1997. Since

agencies have already submitted their

FY 1997 budgets to OMB, NARA does

not believe that a delay to October 1,

1996, will materially affect the agencies’

ability to budget payments for extended

storage fees. Moreover, as explained

previously, NARA cannot continue to

absorb the cost we incur for the

extended storage of otherwise

disposable records in FRC space. To

provide agencies time to enter into a

reimbursable agreement with NARA or

to plan for the removal of affected

records, we have revised the effective

date to June 3, 1996, in response to

these comments.

Other comments. One agency pointed

out that the list of administrative

purposes that justify a temporary

extension were stated differently in the

proposed §§ 1228.32(b) and 1228.54(g)

and that a reference in § 1228.54(a) to

paragraph (g) in that section should be

changed to § 1228.32(b). We have made

both of these changes.

Section 1228.54(a) also refers to a

procedure specified in § 1228.164 for

obtaining a temporary extension in
19554 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

retention period for a single accession.

We have clarified § 1228.164(c) to

provide that agencies may use this

procedure to extend the retention period

for an individual accession for no longer

than 6 months. Normally agencies

request an extension under

§ 1228.164(c) to allow time for a review

of the records, to request a series level

retention period change from the NARA

Office of Records Administration (NIR),

or to withdraw the records from the

records center. No charge would accrue

to the agency for extended records

storage under this provision; however

the extension will not be renewed.

The same agency commented that

NARA needs to know about proposed

temporary extensions of records

retention periods only when the records

are stored in an FRC and recommended

that this clarification be added to

§ 1228.32(b). We have not adopted this

comment because it is incorrect. A

retention period that is specified in a

NARA-approved agency records

schedule or in a General Records

Schedule is mandatory by law; the

agency may not retain temporary

records beyond that date without NARA

approval whether the records are

located in agency space, FRC space, or

other space.

Addresses of Federal records centers.

In this final rule, we are also updating

or correcting the addresses of the

Federal records centers listed in

§ 1228.150, and adding the Pittsfield,

MA, Federal records center. The

introductory paragraph to this section is

unchanged.

This rule is a significant regulatory

action under E.O. 12866 of September

30, 1993 and has been reviewed by

OMB. As required by the Regulatory

Flexibility Act, it is hereby certified that

this rule will not have a significant

impact on small entities.

List of Subjects in 36 CFR Part 1228

Archives and records.

For the reasons set forth in the

preamble, 36 CFR part 1228 is amended

as follows:

PART 1228—DISPOSITION OF

FEDERAL RECORDS

1. The authority citation for part 1228

continues to read as follows:

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

2. Section 1228.32 is revised to read

as follows:

§ 1228.32 Request to change disposition

authority.

(a) Agencies desiring to change the

approved retention period of a series or

system of records shall submit an SF

115. Disposition authorities contained

in approved SF 115 are automatically

superseded by approval of a later SF 115

applicable to the same records unless

the later SF 115 specified an effective

date. Agencies submitting revised

schedules shall indicate on the SF 115

the relevant schedule and item numbers

to be superseded, the citation to the

current printed records disposition

schedule, if any, and/or the General

Records Schedules and item numbers

that cover the records.

(b) Agencies proposing to change the

retention period of a series or system of

records shall submit with the SF 115 an

explanation and justification for the

change. The need to retain records

longer than the retention period

specified in the disposition instructions

on an approved SF 115 for purposes of

audit, court order, investigation,

litigation, study, or any other

administrative purpose that justifies the

temporary extension of the retention

period shall be governed by the

procedures set forth in § 1228.54.

Agencies shall not submit an SF 115 to

change the retention period in such

cases.

3. Section 1228.54 is amended by

revising paragraphs (a) and (g) and

adding paragraph (h) to read as follows:

§ 1228.54 Temporary extension of

retention periods.

(a) Approved agency records

schedules and the General Records

Schedules are mandatory (44 U.S.C.

3303a). Except as specified in

§ 1228.32(b), records series or systems

approved for destruction shall not be

maintained longer without the prior

written approval of the National

Archives and Records Administration

(NIR). However, extended retention of

an individual shipment of records to a

Federal Records Center for a period up

to 6 months is governed by procedures

in § 1228.164(c).

* * * * *

(g) Except when NARA agrees to

continue to store and service records on

a reimbursable basis or waives the

requirements of this paragraph under a

condition specified in paragraph (h) of

this section, agencies shall remove from

Federal records centers at the agency’s

expense records that, because of audit,

court order, investigation, litigation,

study, or any other administrative

reason the agency wishes to retain

longer than the scheduled retention

period for the records. The removal of

records must be accomplished within 90

days of the date of the notification from

the Federal records center that the

retention period has expired. Agencies

that wish to establish an agreement or

inquire about their records should write

to NARA, Office of Federal Records

Centers (NC), 8601 Adelphi Road,

College Park, MD 20740–6001.

(h) NARA will waive the

requirements specified in paragraph (g)

of this section when:

(1) The temporary extension of

retention period has been imposed by

NARA, for instance when NARA plans

to reappraise the archival value of

records or when NARA is working on a

new or revised General Records

Schedule item;

(2) The agency has submitted an SF

115, Request for Disposition Authority,

to NARA to request a change in the

scheduled disposition of a series of

records;

(2) NARA and the agency mutually

agree that temporary extension is

required to meet exceptional records

management situations such as a NARAagency screening project to separate

permanent from disposable records or

application of a new records disposition

schedule to previously unscheduled

records; or

(3) The administrative cost to NARA

to implement a reimbursable agreement

would exceed the reimbursement

received.

4. In § 1228.150, the table set forth at

the end of the section is revised to read

as follows:

§ 1228.150 Authority.

* * * * *

Area served Federal records center

District of Columbia, Maryland, West Virginia, and Virginia (except U.S.

Court records).

Washington National Records Center, 4205 Suitland Rd., Washington,

DC 20409–0002.

Designated records of the Military Departments and the U.S. Coast

Guard.

National Personnel Records Center (Military Personnel Records), 9700

Page Ave., St. Louis, MO 63132–5100.
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19555

Area served Federal records center

The entire Federal Government personnel records of separated Federal

employees; medical and pay records of all Federal employees; designated medical records of Army and Air Force military personnel

and their dependents; and records of agencies in the St. Louis area

(Missouri only), of Scott AFB, IL, and of the Memphis Service Center,

Internal Revenue Service.

National Personnel Records Center (Civilian Personnel Records), 111

Winnebago St., St. Louis, MO 63118–4199.

National collection of long term records ................................................... Federal Records Center, 100 Dan Fox Dr., Pittsfield, MA 01201–8230.

Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and

Rhode Island.

Federal Records Center, 380 Trapelo Rd., Waltham, MA 02154–6399.

New York, New Jersey, Puerto Rico, and the Virgin Islands .................. Federal Records Center, Military Ocean Terminal, Bldg. 22, Bayonne,

NJ 07002–5388.

Delaware, Pennsylvania, and U.S. court records for Maryland, Virginia,

and West Virginia.

Federal Records Center, 14700 Townsend Rd., Philadelphia, PA

19154–1025.

North Carolina, South Carolina, Tennessee, Mississippi, Alabama,

Georgia, Florida, and Kentucky.

Federal Records Center, 1557 St. Joseph Ave., East Point, GA 30344–

2593.

Illinois, Wisconsin, Minnesota, and U.S. court records for Indiana,

Michigan, and Ohio.

Federal Records Center, 7358 S. Pulaski Rd., Chicago, IL 60629–

5898.

Indiana, Michigan, and Ohio except for U.S. court records ..................... Federal Records Center, 3150 Springboro Drive, Dayton, OH 45439–

1883.

Kansas, Iowa, Nebraska, and Missouri except greater St. Louis area .... Federal Records Center, 2312 E. Bannister Rd., Kansas City, MO

64131–3060.

Texas, Oklahoma, Arkansas, Louisiana, and New Mexico ...................... Federal Records Center, P.O. Box 6216, Fort Worth, TX 76115–0216.

Colorado, Wyoming, Utah, Montana, North Dakota, and South Dakota Federal Records Center, Denver Federal Center Bldg. 48, P.O. Box

25307, Denver, CO 80225–0307.

Nevada except Clark County, California except southern California,

American Samoa.

Federal Records Center, 1000 Commodore Dr., San Bruno, CA

94066–2350.

Arizona; Clark County, Nevada, and southern California (counties of

San Luis Obispo, Kern, San Bernadino, Santa Barbara, Ventura, Orange, Los Angeles, Riverside, Inyo, Imperial, and San Diego).

Federal Records Center, 24000 Avila Rd., P.O. Box 6719, Laguna

Niguel, CA 92607–6719.

Washington, Oregon, Idaho, Alaska, Hawaii, and Pacific Ocean area

(except American Samoa).

Federal Records Center, 6125 Sand Point Way NE., Seattle, WA

98115–7999.

5. Section 1228.164 is amended by

revising paragraph (c) to read as follows:

§ 1228.164 Disposal clearances for

records in Federal records centers.

* * * * *

(c) Other records of Federal agencies

held by Federal records centers will be

destroyed with the concurrence of the

agency concerned by use of NA Form

13001, Notice of Intent to Destroy

Records, or other written concurrence

for each disposal action. If an agency is

notified of the eligibility of its records

for disposal and the agency fails to

respond to this notification within 90

calendar days, the records will be

destroyed in accordance with the

appropriate disposition authority. If an

agency does not concur in the

scheduled destruction of an accession,

the agency may request extended

retention of the records for up to an

additional 6 months by submitting

written justification, including a new

disposal date, within 90 days to the

records center director. Further

extensions must be requested in

accordance with § 1228.54 of this part.

Dated: December 27, 1995

John W. Carlin,

Archivist of the United States.

[FR Doc. 96–10888 Filed 5–1–96; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 070–0001a; FRL–5451–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan (SIP). The

revisions concern rules from the San

Joaquin Valley Unified Air Pollution

Control District (SJVUAPCD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The rules control VOC

emissions from the transfer of gasoline

into stationary storage containers,

delivery vessels, bulk plants, and

vehicle fuel tanks. Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

DATES: This action is effective on July 1,

1996, unless adverse or critical

comments are received by June 3, 1996.

If the effective date is delayed, a timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rules are available for inspection at the

following locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

San Joaquin Valley Unified Air

Pollution Control District, 1999

Tuolumne Street, Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.