Rule2024-06406
Federal Records Management: Digital Photographs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2024
Effective
May 28, 2024
Issuing agencies
National Archives and Records Administration
Abstract
The National Archives and Records Administration (NARA) is removing provisions in established regulations that cover special concerns for digital photographs. This revision is necessary because recent amendments create new and more specific requirements for digitizing permanent photographic prints. The recent amendments do not address digitized negatives and slides, therefore requirements for managing these formats have been revised and retained in the existing regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 61 (Thursday, March 28, 2024)</title>
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[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Rules and Regulations]
[Pages 21436-21437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06406]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1237
[FDMS No. NARA-24-0006; NARA-2024-022]
RIN 3095-AC17
Federal Records Management: Digital Photographs
AGENCY: National Archives and Records Administration (NARA).
ACTION: Direct final rule.
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SUMMARY: The National Archives and Records Administration (NARA) is
removing provisions in established regulations that cover special
concerns for digital photographs. This revision is necessary because
recent amendments create new and more specific requirements for
digitizing permanent photographic prints. The recent amendments do not
address digitized negatives and slides, therefore requirements for
managing these formats have been revised and retained in the existing
regulations.
DATES: This rule is effective May 28, 2024 without further action,
unless adverse comment is received by April 29, 2024. If adverse
comment is received, NARA will publish a timely withdrawal of the rule
in the Federal Register.
The incorporation by reference of certain material listed in the
rule was approved by the Director of the Federal Register as of
November 2, 2009.
ADDRESSES: You may submit comments on this rule, identified by RIN
3095-AC17, by any of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Email: <a href="/cdn-cgi/l/email-protection#efbd8a889a838e9b868081b08c8082828a819b9caf818e9d8ec1888099"><span class="__cf_email__" data-cfemail="ca98afadbfa6abbea3a5a495a9a5a7a7afa4beb98aa4abb8abe4ada5bc">[email protected]</span></a>. Include RIN 3095-AC17 in the
subject line of the message.
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 the front desk at
8601 Adelphi Road, College Park, MD, addressed to: Regulations Comments
Desk, External Policy Program; Suite 4100.
FOR FURTHER INFORMATION CONTACT: Edward Germino, Strategy and
Performance Division, by email at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="eb998e8c9e878a9f828485b4888486868e859f98ab858a998ac58c849d">[email protected]</a>, or by
telephone at 301-837-3758. Contact <a href="/cdn-cgi/l/email-protection#d3a1bea0a7b2bdb7b2a1b7a093bdb2a1b2fdb4bca5"><span class="__cf_email__" data-cfemail="0f7d627c7b6e616b6e7d6b7c4f616e7d6e21686079">[email protected]</span></a> with any
questions on records management standards and policy.
SUPPLEMENTARY INFORMATION:
Background
Digital photographs play a vital role in modern recordkeeping and
NARA has been actively involved in creating guidelines for their
preservation. The changes we made in May 2023 to 36 CFR part 1236
subpart E (88 FR 28410, May 4, 2023) supersede the requirements for
digitizing permanent photographic prints in Sec. 1237.28(d).
[[Page 21437]]
Therefore, NARA is removing the provisions of Sec. 1237.28(d) relating
to scanned digital images of photographic prints. Section 1237.28(d)
now refers to part 1236 subpart E for digitizing photographic prints.
Because NARA does not yet have standards for digitizing negatives and
slides, we have retained Sec. 1237.28(d) and limited its scope to
apply only to records in these formats.
Once our revision of Sec. 1237.28(d) is complete, agencies and
contractors must follow the provisions outlined in part 1236 subpart E
and the instructions in other relevant sections of part 1236 for
digitizing photographic prints. These provisions cover various aspects
such as scheduling and transfer, selection of image management software
and hardware, digital image storage strategies, quality control for
scanned digital images, inspection and preservation of born-digital
images, record set designation, organization of digital images,
documentation requirements, and creation of finding aids. Agencies and
contractors are encouraged to consult the appropriate NARA guidance and
resources for detailed instructions and help in implementing these
management practices.
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulation Review
The Office of Management and Budget (OMB) has reviewed this
rulemaking and determined it is not ``significant'' under section 3(f)
of Executive Order 12866. It is not significant because it applies only
to Federal agencies, updates the regulations due to a statutory
requirement, only clarifies requirements that agencies already have to
follow, and does not establish a new program. The requirements are
necessary to comply with statute and to ensure agencies are
appropriately preserving records.
Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
This review requires an agency to prepare an initial regulatory
flexibility analysis and publish it when the agency publishes the
proposed rule. This requirement does not apply if the agency certifies
that the rulemaking will not, if promulgated, have a significant
economic impact on a substantial number of small entities (5 U.S.C.
603). We certify, after review and analysis, that this rulemaking will
not have a significant adverse economic impact on small entities.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.)
requires that agencies consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from OMB for each
collection of information we conduct, sponsor, or require through
regulations. This rulemaking does not impose additional information
collection requirements on the public that are subject to the Paperwork
Reduction Act.
Executive Order 13132, Federalism
Executive Order 13132 requires agencies to ensure State and local
officials have the opportunity for meaningful and timely input when
developing regulatory policies that may have a substantial, direct
effect on the states, on the relationship between the Federal
Government and the states, or on the distribution of power and
responsibilities among the various levels of government. If the effects
of the rule on State and local governments are substantial, the agency
must prepare a Federal assessment to assist senior policymakers. This
rulemaking will not have any effects on State and local governments
within the meaning of the E.O. Therefore, no federalism assessment is
required.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 2 U.S.C. 1532)
The Unfunded Mandates Reform Act requires that agencies determine
whether any Federal mandate in the rulemaking may result in State,
local, and Tribal governments, in the aggregate, or the private sector,
expending $100 million in any one year. NARA certifies that this
rulemaking does not contain a Federal mandate that may result in such
an expenditure.
Materials Incorporated by Reference
The following standards appear in the amendatory text of this
document and were previously approved for the locations in which they
appear: ANSI/AIIM TR34; ISO 2859-1.
List of Subjects in 36 CFR 1237
Archives and records, Digital photographs, Digital records,
Incorporation by reference, Records management.
For the reasons discussed in the preamble, NARA amends 36 CFR part
1237 as follows:
PART 1237--AUDIOVISUAL, CARTOGRAPHIC, AND RELATED RECORDS
MANAGEMENT
0
1. The authority citation for part 1237 continues to read as follows:
Authority: 44 U.S.C. 2904 and 3101.
Sec. 1237.3 [Amended]
0
2. Amend Sec. 1237.3 by removing and reserving paragraph (e)(1).
0
3. Amend Sec. 1237.28 by revising paragraph (d) to read as follows:
Sec. 1237.28 What special concerns apply to digital photographs?
* * * * *
(d)(1) When digitizing permanent or unscheduled slides and
negatives, agencies must document the quality control inspection
process used during the digitization process.
(i) Conduct a visual inspection of a sample of the scanned images
to identify any defects. Additionally, evaluate the accuracy of finding
aids, and verify the integrity of file header information and file
names.
(ii) The sample size must be large enough to yield statistically
valid results. To determine the appropriate sample size, use one of the
quality sampling methods outlined in ANSI/AIIM TR34 (incorporated by
reference, see Sec. 1237.3). Agencies may consult ISO 2859-1:1996 for
further guidance (contact NARA's textual research room or NARA's
Regulation Comments Desk, see Sec. 1237.3(a), for availability).
(2) When digitizing permanent or unscheduled photographic prints,
refer to the requirements specified in part 1236 subpart E of this
subchapter.
* * * * *
Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024-06406 Filed 3-27-24; 8:45 am]
BILLING CODE 7515-01-P
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