Federal Records Management: GAO Concurrence, 35007-35008 [2024-09396]
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
the regulated area via Local Notice to
Mariners, Marine Safety Information
Bulletins, Broadcast Notice to Mariners,
and on-scene designated
representatives.
Dated: April 23, 2024.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2024–09051 Filed 4–30–24; 8:45 am]
BILLING CODE 9110–04–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1225
[FDMS No. NARA–24–0008; NARA–2024–
026]
RIN 3095–AC12
Federal Records Management: GAO
Concurrence
National Archives and Records
Administration (NARA).
ACTION: Direct rule.
AGENCY:
The National Archives and
Records Administration (NARA) is
amending our records management
regulations to limit the role of the
Government Accountability Office
(GAO) in approving certain deviations
in agency records schedules. Under the
updated regulation, Federal agencies
will only require GAO approval for
records schedules that propose retention
periods for accountable officer records
that are shorter than the retention
periods provided in the General Records
Schedule (GRS). 1.1, item 010 for
Accountable Officer records. GAO
approval will no longer be required for
other deviations from the GRS. GAO
approval will also not be required for
records schedules that dispose of
program records less than three years
old. GAO has concurred with this
change.
SUMMARY:
Send comments on or before July
1, 2024.
ADDRESSES: You may submit comments
on this rule, identified by RIN 3095–
AC12, by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: Regulation_comments@
nara.gov. Include RIN 3095–AC12 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;
ddrumheller on DSK120RN23PROD with RULES1
DATES:
VerDate Sep<11>2014
15:34 Apr 30, 2024
Jkt 262001
35007
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.
accountable officers from their liability
under 31 U.S.C. 3527. Therefore, NARA
is amending its records management
regulation to only require GAO approval
of records schedules that would provide
retention periods for records of
accountable officers that are shorter
than what is authorized in the GRS.
FOR FURTHER INFORMATION CONTACT:
Regulatory Analysis
Edward Germino, Strategy and
Performance Division, by email at
regulation_comments@nara.gov, or by
telephone at 301–837–3758. Contact
rmstandards@nara.gov with any
questions on records management
standards and policy.
SUPPLEMENTARY INFORMATION:
Background
The Federal Records Act at 44 U.S.C.
3309 requires Government
Accountability Office approval in
situations where an agency seeks to
dispose of records pertaining to claims
and demands by or against the
Government of the United States or to
accounts in which the Government of
the United States is concerned. NARA
regulations have expanded the statutory
requirement to require approval in two
situations. First, agencies require GAO
approval to dispose of agency program
records that are less than three years
old. Second, GAO approval is needed
before an agency disposes of records in
any way that deviates from what is
provided in former General Records
Schedule (GRS) 2–10. GRS 2–10 has
been superseded by GRS 1.1, Financial
Management and Reporting Records.
Practically, the current regulatory
requirement to obtain GAO approval
before the disposal of certain records
means that agencies must seek GAO
approval of numerous records schedules
unrelated to GAO’s mission. The
required approval by GAO has created
an additional burden on agencies
requesting approval of these proposed
records schedules and delays NARA’s
evaluation and approval processes.
NARA and GAO agree that the review
required by this regulation is no longer
necessary or appropriate. GAO review of
records disposals under this regulation
was originally established to support
GAO authority under 44 U.S.C. 3309,
which provides that records related to
claims and demands by or against the
U.S. Government cannot be disposed of
by the agency head unless they have
been settled and adjusted by GAO.
However, the General Accounting Office
Act of 1996 and the Legislative Branch
Appropriations Act of 1996 transferred
the authority to settle accounts to the
Executive Branch. However, GAO
retained the authority to relieve
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Fmt 4700
Sfmt 4700
Executive Order 12866, Regulatory
Planning and Review, and Executive
Order 13563 Improving Regulation and
Regulation Review
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 (to incorporate
technological developments and to
account for changing technology and
agency practices), and is not
establishing a new program. Although
the proposed revisions change existing
requirements and add new ones for
agencies, the requirements are necessary
to keep the existing regulations up-todate, comply with the statute, and
ensure agencies are preserving records
for the United States.
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 alongside 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). NARA certifies, 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
they 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 (E.O.) 13132 requires
agencies to ensure that State and local
officials have the opportunity for
E:\FR\FM\01MYR1.SGM
01MYR1
35008
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
meaningful and timely input when
those agencies are 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
sufficiently 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 cause State, local, and
Tribal governments, in the aggregate, or
cause the private sector to expend $100
million in any one year. NARA certifies
that this rulemaking does not contain a
Federal mandate that may result in such
an expenditure.
List of Subjects in 36 CFR Part 1225
Archives and records, Records
management, Records schedules,
Scheduling records.
For the reasons discussed in the
preamble, NARA amends 36 CFR part
1225 as follows:
1. The authority citation for part 1225
continues to read as follows:
Authority: 44 U.S.C. 2111, 2904, 2905,
3102, and Chapter 33.
2. Amend § 1225.20 to read as follows:
ddrumheller on DSK120RN23PROD with RULES1
§ 1225.20 When do agencies have to get
GAO approval for schedules?
(a) If an agency requests a deviation
from the GRS related to accountable
officer records that would authorize a
retention period shorter than the
retention period provided in the GRS,
the agency must obtain approval from
the Comptroller General.
(b) This approval must be obtained
before NARA will approve the proposed
agency records schedule.
[FR Doc. 2024–09396 Filed 4–30–24; 8:45 am]
BILLING CODE 7515–01–P
VerDate Sep<11>2014
15:34 Apr 30, 2024
Jkt 262001
[EPA–HQ–OLEM–2023–0372; FRL 11026–
02–OLEM]
Department of Energy Hanford Mixed
Radioactive Waste Land Disposal
Restrictions Variance
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
The United States
Environmental Protection Agency (EPA)
is granting a treatment variance,
requested by the U.S. Department of
Energy (DOE) in an August 1, 2023,
petition, from the Land Disposal
Restrictions (LDR) treatment standards
for approximately 2,000 gallons of
mixed hazardous low-activity
radioactive waste from DOE’s Test Bed
Initiative (TBI) for the Hanford Site in
Washington State. The petition
requested approval for DOE to treat the
TBI waste to the LDR technology
standard of stabilization (STABL) with
verification of meeting LDR
concentration-based and Toxicity
Characteristic Leaching Procedure-based
standards as applicable for the relevant
waste codes.
SUMMARY:
This final rule is effective on
May 1, 2024.
■
Colleen J. Shogan,
Archivist of the United States.
40 CFR Part 268
DATES:
PART 1225—SCHEDULING RECORDS
■
ENVIRONMENTAL PROTECTION
AGENCY
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OLEM–2023–0372. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Bethany Russell, Waste Characterization
Branch, Materials Recovery and Waste
Management Division, Office of
Resource Conservation and Recovery
(5304P), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: 202–566–0823; email address:
russell.bethany@epa.gov.
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
I. General Information
A. Does this action apply to me?
This action applies only to DOE’s
Hanford facility located in Richland,
Washington.
B. What action is the Agency taking?
The EPA is finalizing the variance
from the LDR treatment standards for
approximately 2,000 gallons of mixed
hazardous low-activity radioactive
waste from DOE’s TBI requested by DOE
in an August 1, 2023, petition, for the
Hanford Site in Washington State. The
EPA is finalizing the variance without
alteration and codifying the proposed
modification to Table 1 to paragraph (o)
of 40 CFR 268.44 for the TBI
demonstration petition for the reasons
stated in the preamble to the November
28, 2023, proposal and in the Agency’s
responses to the comments received on
the proposal.
C. What is the Agency’s authority for
taking this action?
Sections 3004(d) through (g) of the
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6294(d)–(g),
prohibit the land disposal of hazardous
wastes unless such wastes meet the LDR
treatment standards (or treatment
standards) established by EPA (or the
Agency). Section 3004(m) of RCRA, 42
U.S.C. 6924(m), requires EPA to set
levels or methods of treatment, if any,
which substantially diminish the
toxicity of the waste or substantially
reduce the likelihood of migration of
hazardous constituents from the waste
so that short-term and long-term threats
to human health and the environment
are minimized. EPA has established
treatment standards for all hazardous
wastes.
However, when facilities generate
hazardous wastes which cannot be
treated to the specified levels, or when
it is technically inappropriate for such
wastes to undergo the prescribed
treatment, they can apply for a variance
from a treatment standard.1 The
requirements for a treatment variance
are found at 40 CFR 268.44. An
applicant for a treatment variance may
demonstrate that it is inappropriate to
require a waste to be treated to the level
or by the method specified as the
treatment standard, even though such
treatment is technically possible. This is
the criterion pertinent to this action.2
1 See 51 FR 40605–40606 (November 7, 1986); see
also 62 FR 64504 (December 5, 1997).
2 According to 40 CFR 268.44(a)(2), a petitioner
may obtain a variance from an applicable treatment
standard if it is inappropriate to require the waste
to be treated to the level specified in the treatment
standard or by the method specified as the
E:\FR\FM\01MYR1.SGM
01MYR1
Agencies
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35007-35008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09396]
=======================================================================
-----------------------------------------------------------------------
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1225
[FDMS No. NARA-24-0008; NARA-2024-026]
RIN 3095-AC12
Federal Records Management: GAO Concurrence
AGENCY: National Archives and Records Administration (NARA).
ACTION: Direct rule.
-----------------------------------------------------------------------
SUMMARY: The National Archives and Records Administration (NARA) is
amending our records management regulations to limit the role of the
Government Accountability Office (GAO) in approving certain deviations
in agency records schedules. Under the updated regulation, Federal
agencies will only require GAO approval for records schedules that
propose retention periods for accountable officer records that are
shorter than the retention periods provided in the General Records
Schedule (GRS). 1.1, item 010 for Accountable Officer records. GAO
approval will no longer be required for other deviations from the GRS.
GAO approval will also not be required for records schedules that
dispose of program records less than three years old. GAO has concurred
with this change.
DATES: Send comments on or before July 1, 2024.
ADDRESSES: You may submit comments on this rule, identified by RIN
3095-AC12, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include RIN 3095-AC12 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 [email protected], or by
telephone at 301-837-3758. Contact [email protected] with any
questions on records management standards and policy.
SUPPLEMENTARY INFORMATION:
Background
The Federal Records Act at 44 U.S.C. 3309 requires Government
Accountability Office approval in situations where an agency seeks to
dispose of records pertaining to claims and demands by or against the
Government of the United States or to accounts in which the Government
of the United States is concerned. NARA regulations have expanded the
statutory requirement to require approval in two situations. First,
agencies require GAO approval to dispose of agency program records that
are less than three years old. Second, GAO approval is needed before an
agency disposes of records in any way that deviates from what is
provided in former General Records Schedule (GRS) 2-10. GRS 2-10 has
been superseded by GRS 1.1, Financial Management and Reporting Records.
Practically, the current regulatory requirement to obtain GAO
approval before the disposal of certain records means that agencies
must seek GAO approval of numerous records schedules unrelated to GAO's
mission. The required approval by GAO has created an additional burden
on agencies requesting approval of these proposed records schedules and
delays NARA's evaluation and approval processes.
NARA and GAO agree that the review required by this regulation is
no longer necessary or appropriate. GAO review of records disposals
under this regulation was originally established to support GAO
authority under 44 U.S.C. 3309, which provides that records related to
claims and demands by or against the U.S. Government cannot be disposed
of by the agency head unless they have been settled and adjusted by
GAO. However, the General Accounting Office Act of 1996 and the
Legislative Branch Appropriations Act of 1996 transferred the authority
to settle accounts to the Executive Branch. However, GAO retained the
authority to relieve accountable officers from their liability under 31
U.S.C. 3527. Therefore, NARA is amending its records management
regulation to only require GAO approval of records schedules that would
provide retention periods for records of accountable officers that are
shorter than what is authorized in the GRS.
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563 Improving Regulation and Regulation Review
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 (to incorporate
technological developments and to account for changing technology and
agency practices), and is not establishing a new program. Although the
proposed revisions change existing requirements and add new ones for
agencies, the requirements are necessary to keep the existing
regulations up-to-date, comply with the statute, and ensure agencies
are preserving records for the United States.
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 alongside 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). NARA certifies,
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 they 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 (E.O.) 13132 requires agencies to ensure that State
and local officials have the opportunity for
[[Page 35008]]
meaningful and timely input when those agencies are 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 sufficiently 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 cause State, local,
and Tribal governments, in the aggregate, or cause the private sector
to expend $100 million in any one year. NARA certifies that this
rulemaking does not contain a Federal mandate that may result in such
an expenditure.
List of Subjects in 36 CFR Part 1225
Archives and records, Records management, Records schedules,
Scheduling records.
For the reasons discussed in the preamble, NARA amends 36 CFR part
1225 as follows:
PART 1225--SCHEDULING RECORDS
0
1. The authority citation for part 1225 continues to read as follows:
Authority: 44 U.S.C. 2111, 2904, 2905, 3102, and Chapter 33.
0
2. Amend Sec. 1225.20 to read as follows:
Sec. 1225.20 When do agencies have to get GAO approval for schedules?
(a) If an agency requests a deviation from the GRS related to
accountable officer records that would authorize a retention period
shorter than the retention period provided in the GRS, the agency must
obtain approval from the Comptroller General.
(b) This approval must be obtained before NARA will approve the
proposed agency records schedule.
Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024-09396 Filed 4-30-24; 8:45 am]
BILLING CODE 7515-01-P