83 FR 45587 - Electronic Records

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range		45587-45588
FR Document		2018-19497

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.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45587-45588]
From the Federal Register Online  [www.thefederalregister.org]
[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

45588 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules

separate rulemaking. Until these Subpart D—Digitizing Federal Records interested parties the opportunity to
standards are published as a final rule, present data, views, or arguments
we recommend that agencies discuss 1236.30 Digitizing temporary records. concerning the proposed action. In
digitization projects with their general (a) Agencies must apply the following addition, the EPA is extending the
counsel before disposing of original standards when digitally reproducing comment period by 1 day to allow for
records. (digitizing) temporary records in order 30 days of public comment following
to destroy the original source records. the public hearing.
While we develop the standards (b) When digitizing temporary
necessary for digitizing permanent DATES: Public Hearing: The EPA will
records, agencies must: hold a public hearing on October 1,
Federal records, agencies should (1) Capture all information contained
continue to follow the process in the 2018, in Chicago, Illinois. Please refer to
in the source records; the SUPPLEMENTARY INFORMATION section
General Records Schedule, 36 CFR (2) Include all the pages or parts in
1225.24, and NARA Bulletin 2010–04, for additional information on the public
the source records; hearing.
Guidance Concerning Notifications for (3) Ensure they can use the digital
Previously Scheduled Permanent Comments: The EPA must receive
versions for the purposes the source comments on this proposed action no
Records (https://www.archives.gov/ records served; and
records-mgmt/bulletins/2010/2010- later than October 31, 2018.
(4) Ensure they can locate, retrieve,
04.html). ADDRESSES: The hearing will be held in
access, and use the digital versions for
the records’ entire retention period. the Lake Michigan Room of the Ralph
In addition to issuing digitization Metcalfe Federal Building, 77 West
standards for temporary records, we are (c) Agencies must validate that the
digital versions meet the standards in Jackson Boulevard, Chicago, Illinois.
also removing 36 CFR 1236.1 because it The hearing will convene at 9:00 a.m.
restates the authorities already cited in subparagraph (b). When an agency has
validated that the digital versions meet (local time) and will conclude at 8:00
the authority line. We are also working p.m. There will be a lunch break from
on revisions to the rest of this regulation these standards, the agency can destroy
the original source records pursuant to 12:00 p.m. to 1:00 p.m. and a dinner
regarding electronic records break from 5:00 p.m. to 6:00 p.m.
management, but those revisions will be a NARA-approved GRS and agency-
Because this hearing is being held at
reflected in future rulemakings. specific records schedule.
a U.S. government facility, individuals
Regulatory Review Information David S. Ferriero, planning to attend the hearing should be
Archivist of the United States. prepared to show valid picture
This rule is not a significant [FR Doc. 2018–19497 Filed 9–7–18; 8:45 am] identification to the security staff to gain
regulatory action for the purposes of BILLING CODE 7515–01–P access to the meeting room. Please note
E.O. 12866 and a significance that the REAL ID Act, passed by
determination was requested from the Congress in 2005, established new
Office of Management and Budget ENVIRONMENTAL PROTECTION requirements for entering federal
(OMB). As a result, this rule is also not AGENCY facilities. For purposes of the REAL ID
subject to deregulatory requirements Act, the EPA will accept government-
contained in E.O. 13771. It is also not 40 CFR Parts 51, 52, and 60 issued IDs, including driver’s licenses,
a major rule as defined in 5 U.S.C. from the District of Columbia and all
[EPA–HQ–OAR–2017–0355; FRL–9983–51– states and territories except from
Chapter 8, Congressional Review of OAR]
Agency Rulemaking. As required by the American Samoa. If your identification
Regulatory Flexibility Act, we certify RIN 2060–AT67 is issued by American Samoa, you must
that this rule will not have a significant present an additional form of
impact on a substantial number of small Emission Guidelines for Greenhouse identification to enter the Federal
entities; it applies only to agency efforts Gas Emissions From Existing Electric building where the public hearing will
to digitize temporary records. This rule Utility Generating Units; Revisions to be held. Acceptable alternative forms of
also does not have any Federalism Emission Guideline Implementing identification include: Federal
implications and does not contain any Regulations; Revisions to New Source employee badges, passports, enhanced
collections of information under the Review Program driver’s licenses, and military
Paperwork Reduction Act. AGENCY: Environmental Protection identification cards. For additional
Agency (EPA). information on the status of your state
List of Subjects in 36 CFR Part 1236 regarding REAL ID, go to: https://
ACTION: Notice of public hearing and
Archives and records. extension of comment period. www.dhs.gov/real-id. Any objects
brought into the building need to fit
For the reasons stated in the SUMMARY: On August 31, 2018, the through the security screening system,
preamble, NARA amends 36 CFR part Environmental Protection Agency (EPA) such as a purse, laptop bag, or small
1236 as follows: published a document in the Federal backpack. Demonstrations will not be
■ 1. Revise the authority citation for part Register to announce its proposed allowed on federal property for security
1236 to read as follows: Emission Guidelines for Greenhouse reasons.
Gas Emissions From Existing Electric FOR FURTHER INFORMATION CONTACT: The
Authority: 44 U.S.C. 2904, 3101, 3102, Utility Generating Units; Revisions to EPA will begin pre-registering speakers
daltland on DSKBBV9HB2PROD with PROPOSALS

3105, 3301, 3302, and 3312. Emission Guideline Implementing for the hearing upon publication of this
■ 2. Revise the table of contents by: Regulations; Revisions to New Source document in the Federal Register. To
Review Program, also being called the register to speak at the hearing, please
■ a. Removing the entry for 1236.1, Affordable Clean Energy (ACE) rule. The use the online registration form
What are the authorities for part 1236?, document also requested public available at https://www.epa.gov/
and comment on the proposed action. The stationary-sources-air-pollution/forms/
■ b. Adding a new Subpart D to read as EPA is announcing that it will hold a affordable-clean-energy-rule-proposal-
follows: public hearing. The hearing will provide public-hearing or contact Adrian Gates

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Document Created: 2018-09-08 00:42:17
Document Modified: 2018-09-08 00:42:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Submit comments on or before November 9, 2018.
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.
FR Citation		83 FR 45587
RIN Number		3095-AB98