99-10703. Agency Records Centers  

  • [Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
    [Proposed Rules]
    [Pages 23504-23510]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-10703]
    
    
    
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    Part VII
    
    
    
    
    
    National Archives and Records Administration
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    36 CFR Parts 1220, 1222, and 1228
    
    
    
    Agency Records Centers; Proposed Rules
    
    
    
    Storage of Federal Records; Proposed Rule
    
    Federal Register / Vol. 64, No. 83 / Friday, April 30, 1999 / 
    Proposed Rules
    
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    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
    
    36 CFR Part 1228
    
    RIN 3095-AA81
    
    
    Agency Records Centers
    
    AGENCY: National Archives and Records Administration (NARA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: NARA proposes to issue revised regulations updating the 
    standards that records center storage facilities must meet to store 
    Federal records. Since the regulations were last updated in 1982, there 
    have been a number of advances in sprinkler systems and other general 
    facility standards that significantly improve the environment and 
    general safeguards for Federal records. This proposed rule also 
    reflects updated information on certain measures that may prevent fire 
    and water damage to records. NARA also recognizes the authority of 
    agencies to contract with private entities for the storage of Federal 
    records. NARA provides agencies with standards, procedures and 
    guidelines for the use of such commercial records storage facilities. 
    The regulation will apply to all agencies, including NARA, that 
    establish and operate records centers, and to agencies that contract 
    for the services of commercial records storage facilities.
    
    DATES: Comments must be received by June 29, 1999.
    
    ADDRESSES: Comments must be sent to Regulation Comment Desk (NPOL), 
    National Archives and Records Administration, 8601 Adelphi Road, 
    College Park, MD 20740-6001. Comments may be faxed to 301-713-7270.
    
    FOR FURTHER INFORMATION CONTACT: Nancy Allard at (301) 713-7360, ext. 
    226.
    
    SUPPLEMENTARY INFORMATION: Based upon advancements in technical 
    knowledge and experience gained over the past two decades, NARA 
    believes it is time to update the standards for the storage of Federal 
    records in the legal custody of Federal agencies. For the first time, 
    NARA's storage standards will be extended to cover NARA's records 
    centers and commercial records storage facilities used by Federal 
    agencies, as well as the currently covered centers operated and 
    maintained by other Federal agencies. Regardless of where they are 
    stored, it is the responsibility of each agency to ensure that records 
    in their legal custody are stored in appropriate space. Agencies must 
    ensure that any records storage facility they use meets these updated 
    standards. Agencies must obtain NARA's approval before establishing an 
    agency records center or using an agency records center operated by 
    another agency, and must provide to NARA documentation of compliance 
    with the standards before transferring any agency records to a 
    commercial records storage facility.
        Federal records provide essential documentation of the Federal 
    Government's policies and transactions and protect rights of 
    individuals. These records must be stored in appropriate space to 
    ensure that they remain available for their scheduled life. The 
    proposed facility standards specify the required storage conditions 
    when an agency's records are no longer maintained in agency office 
    space. These proposed standards, which apply to records still in the 
    legal custody of the agency, ensure that permanent records will be 
    stored under environmental conditions equal to the office environmental 
    conditions in which they were created.
        The proposed basic facility standards outlined in Sec. 1228.228 
    will apply to existing NARA and agency records centers and to 
    commercial records storage facilities that are currently storing 
    records. Any new NARA records center, any new agency-operated records 
    center, and any new commercial records storage facility must also meet 
    the standards for new facilities in these regulations.
        All records storage facilities must meet the proposed fire-safety 
    requirements in Sec. 1228.230 when the rule becomes effective to 
    protect against the loss of essential government evidence. We recognize 
    that it may not be feasible to implement certain other provisions in 
    existing facilities that met the standards in effect before this 
    proposed change. Existing facilities must comply with requirements that 
    minimize the risk of water damage to records from roof leaks or broken 
    pipes within 10 years. Existing facilities that store permanent records 
    prior to their transfer to the National Archives of the United States, 
    unscheduled records, or sample/select records must meet the proposed 
    environmental control standards within 10 years.
        Because we believe that all newly acquired records storage space 
    for Federal records should provide appropriate environmental controls 
    and the best possible protection against records disasters, we are 
    requiring that all new facilities that are used to store Federal 
    records after the effective date meet certain higher or additional 
    standards that reflect current knowledge on protecting records from 
    damage. For example, in proposed Secs. 1228.230(b) and (e), we are 
    proposing different fire protection specifications for walls and roofs 
    that reflect experience over the past 15 years with fire suppression in 
    records storage facilities. Professionally designed fire suppression 
    systems function as designed in over 97 percent of all actual fires. 
    However, in a small number of cases, either when the system has been 
    deactivated, or the fire source far exceeded the design characteristics 
    (e.g., arson with large quantities of gasoline), the suppression system 
    may fail to contain the fire, resulting in a fire involving a full 
    storage module. Since the contents of a 250,000 cubic foot module can 
    burn at furnace heat for a day or more, venting a module that is 
    totally involved in fire is necessary to prevent the spread of the fire 
    to adjacent storage modules. Venting a fire which has involved an 
    entire records storage module to the outside through an entire wall or 
    roof relieves the heat and allows application of vast quantities of 
    water directly to the fire, and allow firefighters to enter adjacent 
    (protected) areas of the building to cool doors protecting wall 
    openings with hose streams. Venting vast quantities of heat to the 
    atmosphere and cooling with hose streams can enable a four hour fire 
    wall to endure a fire that rages for many hours. For this reason, we 
    require that new records storage facilities have one exterior wall of 
    each stack area and the roof designed with a maximum fire rating of 
    one-hour. The actual timing of wall or roof failure will depend on the 
    specific fire characteristics: a one-hour wall may fail in 30 minutes 
    in an extreme fire, or last several hours in a less extreme fire. 
    However, it will fail substantially earlier than a four-hour wall, 
    providing earlier venting and hose stream access. As the exterior walls 
    and roofs play a significant role in protecting the contents from 
    incursion of an exterior fire, we require, for new construction, walls 
    and roofs rated at least 30-minutes but not more than one-hour.
        NARA has developed the fire-related safety requirements in this 
    proposed rule with the assistance of recognized experts in the field of 
    fire suppression. These new performance-based standards for fire-
    suppression (sprinkler) systems limit the loss of records to a maximum 
    of 300 cubic feet per incident. The standard has been set to reflect 
    what current sprinkler technology can guarantee. The application of 
    these performance-based standards offers significant protection for 
    Federal records that are housed in records storage facilities. Our 
    previously
    
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    established fire safety standards in Subpart K simply described the 
    then-existing NARA-developed sprinkler fire suppression systems. The 
    proposed rule describes a fire-suppression system that meets the new 
    performance-based standard but allows the use of other systems if 
    performance tests show they meet the new standard. See Sec. 1228.232 
    which outlines the steps needed to certify a fire-safety detection and 
    suppression system and Sec. 1228.234 which outlines NARA's certified 
    system.
        Several new requirements reflect government-wide requirements 
    imposed since the regulations were last updated in 1982. The building 
    security requirements are those established by the Department of 
    Justice for Level III Federal facilities. Seismic safety provisions are 
    required by Executive orders and an integrated pest management program 
    is mandated for Federal agencies by the Food Protection Act of 1996.
        The proposed revision to subpart K also modifies the procedures for 
    requesting NARA approval to establish or relocate an agency records 
    center. The proposed procedures remove the requirement for agency 
    justification of its choice of storage facility and provide that NARA 
    will deny requests only if NARA determines that the proposed agency 
    records center does not demonstrate full compliance with the standards 
    in this subpart. No NARA approval is required for an agency to contract 
    with a commercial records storage facility, but agencies must ensure 
    that any such facility selected complies with NARA's requirements for 
    the storage of Federal records. If an agency contracts with a 
    commercial records storage facility, the agency must certify to NARA 
    that the facility complies with Subpart K.
        In a separate proposed rule published elsewhere in this separate 
    part of the Federal Register, NARA is proposing to establish new 
    definitions for ``records center,'' ``commercial records storage 
    facility,'' and ``records storage facility'' that are referenced in 
    this proposed rule. For the convenience of reviewers of this proposed 
    rule, terms used in this regulation that are defined (or proposed for 
    definition) elsewhere in NARA regulations are restated here:
        Records storage facility is a facility used by a Federal agency to 
    store Federal records, whether that facility is operated and maintained 
    by the agency, by NARA, by another Federal agency, or by a private 
    commercial entity. [proposed definition]
        Commercial records storage facility is a private sector commercial 
    facility that offers records storage, retrieval, and disposition 
    services. [proposed definition]
        Records center is defined in 44 U.S.C. 2901(6) as an establishment 
    maintained and operated by the Archivist or by another Federal agency 
    primarily for the storage, servicing, security, and processing of 
    records which need to be preserved for varying periods of time and need 
    not be retained in office equipment or space. [proposed definition]
        Permanent record means any Federal record that has been determined 
    by NARA to have sufficient value to warrant its preservation in the 
    National Archives of the United States. Permanent records include all 
    records accessioned by NARA into the National Archives of the United 
    States and later increments of the same records, and those for which 
    the disposition is permanent on SF 115s, Request for Records 
    Disposition Authority, approved by NARA on or after May 14, 1973. 
    [proposed definition]
        Unscheduled records are records the final disposition of which has 
    not been approved by NARA. Unscheduled records are those that have not 
    been included on a Standard Form 115, Request for Records Disposition 
    Authority, approved by NARA; those described but not authorized for 
    disposal on an SF 115 approved prior to May 14, 1973; and those 
    described on an SF 115 but not approved by NARA (withdrawn, canceled, 
    or disapproved). [36 CFR 1220.14]
        This rule is a significant regulatory action for the purposes of 
    Executive Order 12866, and has been reviewed by OMB. As required by the 
    Regulatory Flexibility Act, we certify that this proposed 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, NARA proposes to amend 
    part 1228 of title 36, Code of Federal Regulations, 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. Revise subpart K to read as follows:
    
    Subpart K--Facility Standards for Records Storage Facilities
    
    Sec.
    
    General
    
    1228.220  What authority applies to this subpart?
    1228.222  What does this subpart cover?
    1228.224  Publications incorporated by reference.
    1228.226  Definitions.
    
    Facility Standards
    
    1228.228  What are the facility requirements for all records storage 
    facilities?
    1228.230  What are the fire safety requirements that apply to 
    records storage facilities?
    1228.232  What does an agency have to do to certify a fire-safety 
    detection and suppression system?
    1228.234  What is NARA's certified fire-safety detection and 
    suppression system for records storage facilities?
    1228.236  What are the requirements for environmental controls for 
    records storage facilities?
    
    Approval and Inspection Requirements
    
    1228.240  How does an agency request authority to establish or 
    relocate records storage facilities?
    1228.242  When may NARA conduct an inspection of a records storage 
    facility?
    
    Subpart K--Facility Standards for Records Storage Facilities
    
    General
    
    
    Sec. 1228.220  What authority applies to this subpart?
    
        NARA is authorized to establish, maintain and operate records 
    centers for Federal agencies under 44 U.S.C. 2907. NARA is authorized, 
    under 44 U.S.C. 3103, to approve a records center that is maintained 
    and operated by an agency. NARA is also authorized to promulgate 
    standards, procedures, and guidelines to Federal agencies with respect 
    to the storage of their records in commercial records storage 
    facilities. See 44 U.S.C. 2104(a), 2904 and 3102. The regulations in 
    this subpart apply to all records storage facilities Federal agencies 
    use to store, service, and dispose of their records.
    
    
    Sec. 1228.222  What does this subpart cover?
    
        (a) This subpart covers the establishment, maintenance, and 
    operation of records centers, whether Federally-owned and operated by 
    NARA or another Federal agency, or Federally-owned and contractor 
    operated. This subpart also covers an agency's use of commercial 
    records storage facilities. Records centers and commercial records 
    storage facilities are referred to collectively as records storage 
    facilities. This subpart specifies the minimum structural, 
    environmental, property, and life-safety standards that a records 
    storage facility must meet when the facility is used for the storage of 
    Federal records.
        (b) Except where specifically noted, this subpart applies to all 
    records storage facilities. Certain noted
    
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    provisions apply only to new records storage facilities.
    
    
    Sec. 1228.224  Publications incorporated by reference.
    
        (a) General. The following publications cited in this section are 
    hereby incorporated by reference into this part 1228. They are 
    available from the issuing organizations at the addresses listed in 
    this section. They are also available for inspection at the Office of 
    the Federal Register, 800 North Capitol Street NW., suite 700, 
    Washington, DC. This incorporation by reference was approved by the 
    Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
    1 CFR part 51. These materials are incorporated as they exist on the 
    date of approval, and a document indicating any change in these 
    materials will be published in the Federal Register.
        (b) American Society of Testing and Materials (ASTM) standards. The 
    following ASTM standard is available from the American Society of 
    Testing and Materials, 100 Barr Harbor Drive, West Conshocken, PA, 
    19428-2959, or on-line at www.astm.org:
        E-119 (1998), Standard Test Methods for Fire Tests of Building 
    Construction and Materials.
        (c) National Fire Protection Association (NFPA) standards. The 
    following NFPA standards are available from the National Fire 
    Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101, or 
    on-line at www.catalog.nfpa.org:
        NFPA 10 (1994), Standard for Portable Fire Extinguishers.
        NFPA 13 (1996), Standard for the Installation of Sprinkler Systems.
        NFPA 20 (1996), Standard for the Installation of Centrifugal Fire 
    Pumps.
        NFPA 40 (1997), Standard for the Storage and Handling of Cellulose 
    Nitrate Motion Picture Film.
        NFPA 42 (1997) Standard for Storage of Pyroxylin Plastics.
        NFPA 72 (1996), National Fire Alarm Code.
        NFPA 101 (1997), Life Safety Code.
        NFPA 231 (1998), Standard for General Storage.
        NFPA 231C (1998), Standard for the Rack Storage of Materials.
        NFPA 232 (1995), Standard for the Protection of Records.
        NFPA 232A (1995), Guide for Fire Protection of Archives and Records 
    Centers.
        (d) Underwriters Laboratory (UL) Standards. The following UL 
    standards are available from the Underwriters Laboratory at www.ul.com 
    or from Global Engineering Documents, 15 Inverness Way East, Englewood, 
    CO 80112:
        UL 611, Central Burglar Alarm Systems.
        UL 827, Central Fire Alarm Stations.
        UL 1076, Proprietary Burglar Alarm Units and Systems.
        (e) American Society of Heating, Refrigerating and Air-Conditioning 
    Engineers, Inc. (ASHRAE) Standards. The following ASHRAE standards are 
    available from ASHRAE at ASHRAE Customer Service, 1791 Tullie Circle 
    NE, Atlanta, GA 30329 or online at www.ASHRAE.org:
        ASHRAE 55-1992, Thermal Environmental Conditions for Human 
    Occupancy.
        ASHRAE 62-1989, Ventilation for Acceptable Indoor Air Quality.
        (f) American National Standards Institute (ANSI) standards. The 
    following ANSI standards are available from the American National 
    Standards Institute, 11 West 42nd St., New York, NY 10036:
        ANSI/PIMA IT9.11-1998 Imaging Materials--Processed Safety 
    Photographic Films--Storage
        ANSI/PIMA IT9.18-1996 Imaging Materials--Processed Photographic 
    Plates--Storage Practices.
        ANSI /PIMA IT9.20-1996 Imaging Materials--Reflection Prints--
    Storage Practices.
        ANSI/PIMA IT9.23-1997 Imaging Materials--Polyester Base Magnetic 
    Material--Storage Practices.
        ANSI/PIMA IT9.25-1998 Imaging Materials--Optical Disc Media--
    Storage.
    
    
    Sec. 1228.226  Definitions.
    
        The following definitions apply to this subpart:
        (a) The terms must and provide indicate that a provision is 
    mandatory.
        (b) The terms should or may indicate that a provision is 
    recommended or advised but not required.
        (c) Records center has the meaning specified in Sec. 1220.14 of 
    this chapter.
        (d) Commercial records storage facility has the meaning specified 
    in Sec. 1220.14 of this chapter.
        (e) Records storage facility has the meaning specified in 
    Sec. 1220.14 of this chapter.
        (f) New records storage facility means any records center or 
    commercial records storage facility established or converted for use as 
    a records center or commercial records storage facility on or after 
    October 1, 1999.
        (g) Existing records storage facility means any records center or 
    commercial records storage facility used to store records on September 
    30, 1999, and has stored records continuously since that date.
        (h) Permanent record has the meaning specified in Sec. 1220.14 of 
    this chapter.
        (i) Temporary record has the meaning specified in Sec. 1220.14 of 
    this chapter.
        (j) Unscheduled records has the meaning specified in Sec. 1220.14 
    of this chapter.
        (k) Sample/Select records means records whose final disposition 
    requires an analytical or statistical sampling prior to final 
    disposition authorization, in which some percentage of the original 
    accession will be retained as permanent records.
    
    Facility Standards
    
    
    Sec. 1228.228  What are the facility requirements for all records 
    storage facilities?
    
        (a) The facility must be constructed with non-combustible materials 
    and building elements, including walls, columns and floors. An agency 
    may request a waiver of this requirement from NARA for an existing 
    records storage facility with combustible building elements to continue 
    to operate until October 1, 2009. In its request for a waiver, the 
    agency must provide documentation that the facility has a fire 
    suppression system specifically designed to mitigate this hazard and 
    that the system has been certified in accordance with Sec. 1228.232 to 
    meet the requirements of Sec. 1228.230(s). Requests must be submitted 
    to the Director, Space and Security Management Division (NAS), National 
    Archives and Records Administration, 8601 Adelphi Road, College Park, 
    MD 20740-6001.
        (b) A facility with two or more stories must be designed or 
    certified by a licensed fire protection engineer to avoid catastrophic 
    failure of the structure due to an uncontrolled fire on one of the 
    intermediate floor levels.
        (c) The building must be sited a minimum of five feet above and 100 
    feet from any 100 year flood plain areas, or be protected by an 
    appropriate flood wall.
        (d) The facility must be designed in accordance with regional 
    building codes to provide protection from building collapse or failure 
    of essential equipment from earthquake hazards, tornados, hurricanes 
    and other potential natural disasters.
        (e) Roads, fire lanes and parking areas must permit unrestricted 
    access for emergency vehicles.
        (f) A floor load limit must be established for the records storage 
    area by a licensed structural engineer. The limit must take into 
    consideration the height and type of the shelving or storage equipment, 
    the width of the aisles, the configuration of the space, etc. The 
    allowable load limit must be posted in a conspicuous place and must not 
    be exceeded.
    
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        (g) All roof mounted equipment is prohibited. Place nothing on the 
    roof that may cause damage to the roof membrane. The requirements in 
    this paragraph are effective [effective date of final rule] in new 
    records storage facilities. Existing facilities must meet this 
    requirement no later than October 1, 2009.
        (h) Piping (with the exception of fire protection sprinkler piping 
    and storm water roof drainage piping) must not be run through records 
    storage areas. If drainage piping from roof drains must be run though 
    records storage areas, the piping must be run to the nearest vertical 
    riser and must include a continuous gutter sized and installed beneath 
    the lateral runs to prevent leakage into the storage area. Vertical 
    pipe risers required to be installed in records storage areas must be 
    fully enclosed by shaft construction with appropriate maintenance 
    access panels. The requirements in this paragraph are effective 
    [effective date of final rule] in new records storage facilities. 
    Existing facilities must meet this requirement no later than October 1, 
    2009.
        (i) The following standards apply to storage shelving:
        (1) All storage shelving must be designed and installed to provide 
    seismic bracing that meets the requirements of Executive Order 12941, 
    Seismic Safety of Existing Federally Owned or Leased Buildings (3 CFR, 
    1994 Comp., p. 955), or Executive Order 12699, Seismic Safety of 
    Federal and Federally Assisted or Regulated New Building Construction 
    (3 CFR, 1990 Comp., p. 269);
        (2) Steel shelving or other open-shelf records storage equipment 
    must be braced to prevent collapse under full load. Each shelving unit 
    must be industrial style shelving rated at least 50 pounds per cubic 
    foot supported by the shelf;
        (3) Compact mobile shelving systems (if used) must be designed to 
    permit proper air circulation and fire protection (detailed 
    specifications that meet this requirement can be provided by NARA by 
    writing to Director, Space and Security Management Division (NAS), 
    National Archives and Records Administration, 8601 Adelphi Road, 
    College Park, MD 20740-6001.).
        (j) The area occupied by the records storage facility must be 
    equipped with an anti-intrusion alarm system, or equivalent, meeting 
    the requirements of Underwriters Laboratory Standard 1076, Proprietary 
    Burglar Alarm Units and Systems, level AA, to protect against unlawful 
    entry after hours and to monitor designated interior storage spaces. 
    This intrusion alarm system must be monitored in accordance with 
    Underwriters Laboratory (UL) Standard 611, Central Burglar Alarm 
    Systems.
        (k) The facility must comply with the requirements for a Level III 
    facility as defined in the Department of Justice, U.S. Marshals Service 
    report Vulnerability Assessment of Federal Facilities dated June 28, 
    1995. These requirements are provided in Appendix A to this Part 1228.
        (l) Records contaminated by hazardous materials, such as 
    radioactive isotopes or toxins, infiltrated by insects, or exhibiting 
    active mold growth must be stored in separate areas having separate air 
    handling systems from other records.
        (m) To eliminate damage to records and/or loss of information due 
    to insects, rodents, mold and other pests that are attracted to organic 
    materials under specific environmental conditions, the facility must 
    have an Integrated Pest Management program as defined in the Food 
    Protection Act of 1996 (Section 303, Public Law 104-170, 110 Stat. 
    1512). This states in part that Integrated Pest Management is a 
    sustainable approach to managing pests by combining biological, 
    cultural, physical, and chemical tools in a way that minimizes 
    economic, health, and environmental risks. The IPM program emphasizes 
    three fundamental elements:
        (1) Prevention. IPM is a preventive maintenance process that seeks 
    to identify and eliminate potential pest access, shelter, and 
    nourishment. It also continually monitors for pests themselves, so that 
    small infestations do not become large ones;
        (2) Least-toxic methods. IPM aims to minimize both pesticide use 
    and risk through alternate control techniques and by favoring 
    compounds, formulations, and application methods that present the 
    lowest potential hazard to humans and the environment; and
        (3) Systems approach. The IPM pest control contract must be 
    effectively coordinated with all other relevant programs that operate 
    in and around a building, including plans and procedures involving 
    design and construction, repairs and alterations, cleaning, waste 
    management, food service, and other activities.
        (n) New records storage facilities also must meet the requirements 
    in this paragraph (n):
        (1) Do not install mechanical and/or electrical equipment within 
    records storage areas (either floor mounted or suspended from roof 
    support structures).
        (2) A redundant source of primary electric service such as a second 
    primary service feeder should be provided to ensure continuous, 
    dependable service to the facility especially to the HVAC systems, fire 
    alarm and fire protection systems.
        (3) The facility must be kept under positive air pressure 
    especially in the area of the loading dock. In addition, to prevent 
    fumes from vehicle exhausts from entering the facility, air intake 
    louvers must not be located in the area of the loading dock, adjacent 
    to parking areas or in any location where a vehicle engine may be 
    running for any period of time. Loading docks must have an air supply 
    and exhaust system that is separate from the remainder of the facility.
    
    
    Sec. 1228.230  What are the fire safety requirements that apply to 
    records storage facilities?
    
        (a) The fire detection and protection systems must be designed or 
    certified by a licensed fire protection engineer.
        (b) All walls separating records areas from each other and from 
    other storage areas in the building must be 4-hour fire resistant. The 
    records storage areas must not exceed a total capacity of 250,000 cubic 
    feet of records each and must be constructed to prevent migration of 
    fire and smoke to other spaces of the building.
        (c) Fire walls that meet the following specifications must be 
    provided:
        (1) For existing records storage facilities, at least one-hour-
    rated fire walls must be provided between the records storage areas and 
    other auxiliary spaces.
        (2) For new records storage facilities, two-hour-rated fire walls 
    must be provided between the records storage areas and other auxiliary 
    spaces. One exterior wall of each stack area must be designed with a 
    maximum fire resistive rating of 1 hour.
        (d) Penetrations in the walls must not reduce the specified fire 
    resistance ratings. The fire resistance ratings of structural elements 
    and construction assemblies must be in accordance with American Society 
    of Testing and Materials E-119, Standard Test Methods for Fire Tests of 
    Building Construction and Materials.
        (e) The fire resistive rating of the roof must be a minimum of \1/
    2\ hour for all records storage facilities. For new records storage 
    facilities, the fire resistive rating of the roof must also be a 
    maximum of 1 hour.
        (f) Openings in fire walls separating records storage areas must be 
    avoided to the greatest extent possible but if openings are necessary 
    they must be protected by self-closing or automatic
    
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    Class A fire doors, or equivalent, on each side of the wall openings.
        (g) Roof support structures that cross or penetrate fire walls must 
    be cut and supported independently on each side of the fire wall.
        (h) If fire walls are erected with expansion joints, the joints 
    must be protected to their full height.
        (i) For new records storage facilities, building columns in the 
    records storage areas must be 4-hour fire resistant from the floor to 
    slab above or to the location where they connect to the roof framing 
    system. For existing records storage facilities, the building columns 
    must be at least 2-hour fire resistant.
        (j) Automatic roof vents must not be designed into new records 
    storage facilities.
        (k) Where lightweight steel roof or floor supporting members (e.g., 
    bar joists having top chords with angles 2 by 1\1/2\ inches or smaller, 
    \1/4\-inch thick or smaller, and \13/16\-inch or smaller web diameters) 
    are present, they must be protected either by applying a 10-minute fire 
    resistive coating to the top chords of the joists, or by retrofitting 
    the sprinkler system with large drop sprinkler heads. If a fire 
    resistive coating is applied, it must be a product that will not 
    release (off gas) harmful fumes into the facility. If fire resistive 
    coating is subject to air erosion or flaking, it must be fully enclosed 
    in a drywall containment constructed of metal studs with fire retardant 
    drywall. Retrofitting may require modifications to the piping system to 
    ensure that adequate water capacity and pressure are provided in the 
    areas to be protected with these large drop sprinkler heads.
        (l) No open flame (oil or gas) unit heaters or equipment may be 
    installed or used in any records storage area.
        (m) For existing records storage facilities, boiler rooms or rooms 
    containing equipment operating with a fuel supply (such as generator 
    rooms) must be separated from records storage areas by 2-hour-rated 
    fire walls with no openings directly from these rooms to the records 
    storage areas. Such areas must be vented directly to the outside to a 
    location where fumes will not be drawn back into the facility.
        (n) For new records storage facilities, boiler rooms or rooms 
    containing equipment operating with a fuel supply (such as generator 
    rooms) must be separated from records storage areas by 4-hour-rated 
    fire walls with no openings directly from these rooms to the records 
    storage areas. Such areas must be vented directly to the outside to a 
    location where fumes will not be drawn back into the facility.
        (o) For new records storage facilities, fuel supply lines must not 
    be installed in areas containing records and must be separated from 
    such areas with 4-hour rated construction assemblies.
        (p) Equipment rows running perpendicular to the wall must comply 
    with the Life Safety Code (NFPA 101) with respect to egress 
    requirements.
        (q) No oil-type electrical transformers, regardless of size, except 
    thermally protected devices included in fluorescent light ballasts, may 
    be installed in the records storage areas. All electrical wiring must 
    be in metal conduit, except that armored cable may be used where 
    flexible wiring connections to light fixtures are required. Battery 
    charging areas for electric forklifts must be separated from records 
    storage areas with at least a 2 hour rated fire wall.
        (r) Hazardous materials, including records on cellulose nitrate 
    film, must not be stored in records storage areas. Nitrate motion 
    picture film and nitrate sheet film may be stored in separate areas 
    that meet the requirements of the appropriate NFPA standard, NFPA 40, 
    Standard for the Storage and Handling of Cellulose Nitrate Motion 
    Picture Film, or NFPA 42, Standard for Storage of Pyroxylin Plastics.
        (s) All records storage and adjoining areas must be protected by a 
    professionally-designed fire safety detection and suppression system 
    that is designed to limit the maximum anticipated loss in any single 
    fire event to a maximum of 300 cubic feet of records destroyed by fire. 
    Sections 1228.232 and 1228.234 provide alternate means of complying 
    with this requirement.
    
    
    Sec. 1228.232  What does an agency have to do to certify a fire-safety 
    detection and suppression system?
    
        (a) The NARA fire-safety detection and suppression system specified 
    in Sec. 1228.234 has been tested and certified to meet the requirement 
    in Sec. 1228.230(s).
        (b) Other automatic extinguishing systems or protective measures 
    may meet the requirement in Sec. 1228.230(s) depending upon specific 
    conditions, such as the type and stacking height of the storage 
    equipment used, or how the space is designed, controlled, and operated. 
    Standards, such as those issued by the National Fire Protection 
    Association (see NFPA 13, NFPA 231, NFPA 231C, NFPA 232 and NFPA 232A), 
    may be used to design an alternative system. The effectiveness of 
    alternative designs in meeting the requirements of Sec. 1228.230(s) 
    must be supported by independent testing (Factory Mutual, Underwriters 
    Laboratories or equivalent).
        (c) Send a description of the alternative fire-safety detection and 
    suppression system and documentation of the independent testing results 
    to the Director, Space and Security Management Division (NAS), 8601 
    Adelphi Road, College Park, MD 20740-6001. NARA will maintain a list of 
    approved alternative systems.
    
    
    Sec. 1228.234  What is NARA's certified fire-safety detection and 
    suppression system for records storage facilities?
    
        Fire-safety systems that incorporate all components specified in 
    paragraphs (a) through (o) of this section have been tested and 
    certified to meet the requirements in Sec. 1228.230 for an acceptable 
    fire-safety detection and suppression system for storage of Federal 
    records.
        (a) The records storage height must not exceed 15 feet.
        (b) All records storage and adjoining areas must be protected by 
    automatic wet-pipe sprinklers. Automatic sprinklers are specified 
    herein because they provide the most effective fire protection for high 
    piled storage of paper records on open type shelving.
        (c) The sprinkler system must be rated at no higher than 285 
    degrees Fahrenheit utilizing quick response (QR) fire sprinkler heads 
    and designed by a licensed fire protection engineer to provide 0.30 gpm 
    per square foot for the most remote 2,000 square feet of floor area at 
    the most remote sprinkler head in accordance with NFPA 13. For 
    facilities with roofs rated at 15 minutes or greater, provide \1/2\'' 
    QR sprinklers rated at no higher than 285 degrees Fahrenheit designed 
    to deliver a density of 0.56 gpm per square foot. For unrated roofs, 
    provide 0.64'' QR ``large drop'' sprinklers rated at no higher than 285 
    degrees Fahrenheit. For facilities using 7 or 8 shelf track files, use 
    QR sprinklers rated at no higher than 285 degrees Fahrenheit. For new 
    construction and replacement sprinklers, NARA recommends that the 
    sprinklers be rated at 165 degrees Fahrenheit. Installation of the 
    sprinkler system must be in accordance with NFPA 13.
        (d) Maximum spacing of the sprinkler heads must be on a 10-foot 
    grid and the positioning of the heads must provide complete, 
    unobstructed coverage, with a clearance of not less than 18-inches from 
    the top of the highest stored materials.
        (e) The sprinkler system must be equipped with a water-flow alarm 
    connected to an audible alarm within the facility and to a continuously 
    staffed fire department or an Underwriters
    
    [[Page 23509]]
    
    Laboratory approved central monitoring station (see UL 827, Central 
    Fire Alarm Stations) with responsibility for immediate response.
        (f) A manual fire alarm system must be provided with a Underwriters 
    Laboratory approved (grade A) central monitoring station service or 
    other automatic means of notifying the municipal fire department. A 
    manual alarm pull station must be located adjacent to each exit. 
    Supplemental manual alarm stations are permitted within the records 
    storage areas.
        (g) All water cutoff valves in the sprinkler system must be 
    equipped with automatic closure alarm (tamper alarm) connected to a 
    continuously staffed station, with responsibility for immediate 
    response. If the sprinkler water cutoff valve is located in an area 
    used by the public, in addition to the tamper alarm, the valves must be 
    provided with frangible (easily broken) padlocks.
        (h) A dependable water supply free of interruption must be provided 
    including a continuous site fire loop connected to the water main and 
    sized to support the facility with only one portion of the fire loop 
    operational. This normally requires a backup supply system having 
    sufficient pressure and capacity to meet both fire hose and sprinkler 
    requirements for 2-hours. A fire pump connected to an emergency power 
    source must be provided in accordance with NFPA 20 when adequate water 
    pressure is not assured. In the event that public water mains are not 
    able to supply adequate volumes of water to the site, on-site water 
    storage must be provided.
        (i) Interior fire hose stations equipped with a 1\1/2\ inch 
    diameter hose may be provided in the records storage areas if required 
    by the local fire department, enabling any point in the records storage 
    area to be reached by a 50-foot hose stream from a 100-foot hose lay. 
    If provided, these cabinets must be marked ``For Fire Department Use 
    Only.''
        (j) Where fire hose cabinets are not required, fire department hose 
    outlets must be provided at each floor landing in the building core or 
    stair shaft. Hose outlets must have an easily removable adapter and 
    cap. Threads and valves must be compatible with the local fire 
    department's equipment. Spacing must be so that any point in the record 
    storage area can be reached with a 50-foot hose stream from a 100-foot 
    hose lay.
        (k) In addition to the designed sprinkler flow demand, 500 gpm must 
    be provided for hose stream demand. The hose stream demand must be 
    calculated into the system at the base of the main sprinkler riser.
        (l) Fire hydrants must be located within 250 feet of each exterior 
    entrance or other access to the records storage facility that could be 
    used by firefighters. All hydrants must be at least 50 feet away from 
    the building walls and adjacent to a roadway usable by fire apparatus. 
    Fire hydrants must have at least two, 2\1/2\ inch hose outlets and a 
    pumper connection. All threads must be compatible with local standards.
        (m) Portable water-type fire extinguishers (2\1/2\ gallon stored 
    pressure type) must be provided at each fire alarm striking station. 
    The minimum number and locations of fire extinguishers must be as 
    required by NFPA 10 (1994), Standard for Portable Fire Extinguishers.
        (n) Single level catwalks without automatic sprinklers installed 
    underneath may be provided in the service aisles if the edges of all 
    files in the front boxes above the catwalks are stored perpendicular to 
    the aisle (to minimize files exfoliation in a fire). Where provided, 
    the walking surface of the catwalks must be of expanded metal at least 
    .09-inch thickness with a 2-inch mesh length. The surface opening ratio 
    must be equal or greater than 0.75. The sprinkler water demand for 
    protection over bays with catwalks where records above the catwalks are 
    not perpendicular to the aisles must be calculated hydraulically to 
    give .30 gpm per square foot for the most remote 2,000 square feet.
    
    
    Sec. 1228.236  What are the requirements for environmental controls for 
    records storage facilities?
    
        (a) Paper-based temporary records. Paper-based temporary records 
    must be stored under environmental conditions that prevent the active 
    growth of mold. Exposure to moisture through leaks or condensation, 
    relative humidities in excess of 70%, extremes of heat combined with 
    relative humidity in excess of 55%, and poor air circulation during 
    periods of elevated heat and relative humidity are all factors that 
    contribute to mold growth.
        (b) Nontextual temporary records. Temporary nontextual records, 
    including microforms and audiovisual and electronic records, must be 
    stored in records storage space that will ensure their preservation for 
    their full retention period. New records storage facilities that store 
    nontextual temporary records must meet the following requirements 
    [effective date of final rule]. Existing records storage facilities 
    that store nontextual temporary records must meet the following 
    requirements no later than October 1, 2009. At a minimum, temporary 
    nontextual records must be stored in records storage space that meets 
    the requirements for medium term storage set by the appropriate 
    standard in this paragraph (b). In general, medium term conditions as 
    defined by these standards are those that will ensure the preservation 
    of the materials for at least 10 years with little information 
    degradation or loss. Records may continue to be usable for longer than 
    10 years when stored under these conditions, but with an increasing 
    risk of information loss or degradation with longer times. If temporary 
    records require retention longer than 10 years, better storage 
    conditions (cooler and drier) than those specified for medium term 
    storage will be needed to maintain the usability of these records. The 
    applicable standards are:
        (1) ANSI/PIMA IT9.11-1998 Imaging Materials--Processed Safety 
    Photographic Films--Storage;
        (2) ANSI/PIMA IT9.23-1997 Imaging Materials--Polyester Base 
    Magnetic Material--Storage Practices;
        (3) ANSI/PIMA IT9.25-1998 Imaging Materials--Optical Disc Media--
    Storage;
        (4) ANSI /PIMA IT9.20-1996 Imaging Materials--Reflection Prints--
    Storage Practices; and/or
        (5) ANSI/PIMA IT9.18-1996 Imaging Materials--Processed Photographic 
    Plates--Storage Practices.
        (c) Paper-based permanent, unscheduled and sample/select records. 
    Paper-based permanent, unscheduled, and sample/select records must be 
    stored in records storage space that provides 24 hour/365 days per year 
    air-conditioning equivalent to that required for office space. See 
    ASHRAE Standard 55-1992, Thermal Environmental Conditions for Human 
    Occupancy, and ASHRAE Standard 62-1989, Ventilation for Acceptable 
    Indoor Air Quality, for specific requirements. New records storage 
    facilities that store paper-based permanent, unscheduled, and/or 
    sample/select records must meet this requirement [effective date of 
    final rule]. Existing storage facilities that store paper-based 
    permanent, unscheduled, and/or sample/select records must meet this 
    requirement no later than October 1, 2009.
        (d) Nontextual permanent, unscheduled, and/or sample/select 
    records. All records storage facilities that store microfilm, 
    audiovisual, and/or electronic permanent, unscheduled, and/or sample/
    select records must comply with the storage standards for permanent and 
    unscheduled records in
    
    [[Page 23510]]
    
    parts 1230, 1232, and/or 1234 of this chapter, respectively.
    
    Approval and Inspection Requirements
    
    
    Sec. 1228.240  How does an agency request authority to establish or 
    relocate records storage facilities?
    
        (a) General policy. Agencies are responsible for ensuring that 
    records in their legal custody are stored in appropriate space as 
    outlined in this subpart. Under Sec. 1228.156(a), agencies are 
    responsible for removing records from space that does not meet these 
    standards if deficiencies are not corrected within 6 months after 
    initial discovery of the deficiencies by NARA or the agency.
        (1) Agency records centers. Agencies must obtain prior written 
    approval from NARA before establishing or relocating an agency records 
    center. Each separate agency records center must be specifically 
    approved by NARA prior to the transfer of any records to that 
    individual facility. If an agency records center has been approved for 
    the storage of Federal records of one agency, any other agency that 
    proposes to store its records in that facility must still obtain NARA 
    approval to do so.
        (2) Commercial records storage facilities. An agency may contract 
    for commercial records storage services. However, before any agency 
    records are transferred to a commercial records storage facility, the 
    transferring agency must ensure that the facility meets all of the 
    requirements for an agency records storage facility set forth in this 
    subpart and must submit the documentation required in paragraph (e) of 
    this section.
        (b) Exclusions. For purposes of this section, the term ``agency 
    records center'' excludes NARA-owned and operated records centers. For 
    purposes of this section and Sec. 1228.242, the term ``agency records 
    center'' also excludes agency records staging and/or holding areas with 
    a capacity for containing less than 25,000 cubic feet of records. 
    However, such records centers and areas, including records centers 
    operated and maintained by NARA, must comply with the facility 
    standards in Secs. 1228.228 through 1228.236.
        (c) Content of requests for agency records centers. Requests for 
    authority to establish or relocate an agency records center must be 
    submitted in writing to the Director, Space and Security Management 
    Division (NAS), National Archives and Records Administration, 8601 
    Adelphi Road, College Park, MD 20740-6001. The request must identify 
    the specific facility and must document compliance with the standards 
    in this subpart.
        (d) Approval of requests for agency records centers. NARA will 
    review the submitted documentation to ensure the facility demonstrates 
    full compliance with the standards in this subpart. NARA reserves the 
    right to visit the facility, if necessary, to make the determination of 
    compliance. NARA will inform the agency of its decision within 45 days 
    after the request is received. Requests will be denied only if NARA 
    determines that the facility does not demonstrate full compliance with 
    the standards in this subpart. Approvals will be valid for a period of 
    10 years, unless the facility is materially changed before then or an 
    agency or NARA inspection finds that the facility does not meet the 
    standards in this subpart. Material changes require submission of a new 
    request for NARA approval.
        (e) Documentation requirements for storing Federal records in 
    commercial records storage facilities. At least 45 days before an 
    agency first transfers records to a commercial records storage 
    facility, the agency must submit documentation to NARA that the 
    facility complies with the standards in this subpart. The documentation 
    may take the form of a copy of the agency's contract that incorporates 
    this subpart in its provisions or a statement from the agency records 
    officer that certifies that the facility meets the standards in this 
    subpart. An agency must provide the documentation for each separate 
    commercial records storage facility where its records will be stored. 
    Documentation must be sent to the Director, Space and Security 
    Management Division (NAS), National Archives and Records 
    Administration, 8601 Adelphi Road, College Park, MD 20740-6001. The 
    agency must submit updated documentation to NARA every 10 years if it 
    continues to store records in that commercial records storage facility.
    
    
    Sec. 1228.242  When may NARA conduct an inspection of a records storage 
    facility?
    
        (a) At the time an agency submits a request to establish an agency 
    records center, pursuant to Sec. 1228.240, NARA may conduct an 
    inspection of the proposed facility to ensure that the facility 
    complies fully with the standards in this subpart. NARA may also 
    conduct periodic inspections of agency records centers so long as such 
    facility is used as an agency records center. NARA will inspect its own 
    records center facilities on a periodic basis to ensure that they are 
    in compliance with the requirements of this subpart.
        (b) Agencies must ensure, by contract or otherwise, that agency and 
    NARA officials, or their delegates, have the right to inspect 
    commercial records storage facilities to ensure that such facilities 
    fully comply with the standards in this subpart. NARA may conduct 
    periodic inspections of commercial records storage facilities so long 
    as agencies use such facilities to store agency records. The using 
    agency, not NARA, will be responsible for paying any fee or charge 
    assessed by the commercial records storage facility for NARA's 
    conducting an inspection.
        3. Appendix A is added to part 1228 to read as follows:
    
    Appendix A to Part 1228--Minimum Security Standards for Level III 
    Federal Facilities
    
        Note: The full text of this appendix will appear in the final 
    rule. Copies of the appendix may be obtained from the person listed 
    in FOR FURTHER INFORMATION CONTACT.
    
        Dated: February 25, 1999.
    John W. Carlin,
    Archivist of the United States.
    [FR Doc. 99-10703 Filed 4-29-99; 8:45 am]
    BILLING CODE 7515-01-P
    
    
    

Document Information

Published:
04/30/1999
Department:
National Archives and Records Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-10703
Dates:
Comments must be received by June 29, 1999.
Pages:
23504-23510 (7 pages)
RINs:
3095-AA81: Agency Records Centers
RIN Links:
https://www.federalregister.gov/regulations/3095-AA81/agency-records-centers
PDF File:
99-10703.pdf
CFR: (20)
1 CFR 1220.14
1 CFR 1228.226
1 CFR 1228.228
1 CFR 1228.230
1 CFR 1228.232
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