# What requirements must an agency meet when it transfers records to a records storage facility?
**AGENCY:**
National Archives and Records Administration (NARA).
**ACTION:**
Final rule.
**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 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.
**36 CFR Part 1228**
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**
1. The authority for Part 1228 continues to read as follows:
**Authority:**
44 U.S.C. chs. 21, 29, and 33.
**36 CFR Part 1228**
2. Amend § 1228.152 by revising the entry in the table for item (2)(ii) to read as follows:
§ 1228.152
| Type of record | Conditions |
| --- | --- |
| | |
| * * * * * | |
| (2) * * * | (i) * * * |
**10 CFR Part 95**
3. Amend § 1228.154 by revising paragraphs (b) and (c)(1)(vii) to read as follows:
§ 1228.154
(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.