On September 10, 2018, we posted our draft regulations for digitizing temporary records on the Federal Register. Instructions for leaving a comment can be found in the posting. Comments will be accepted until November 9, 2018.
In tandem, we developed a FAQ document for agencies providing additional information and context about these proposed regulations.
The FAQ states that agencies may destroy original records where a NARA-approved schedule is in place, including that they may utilize GRS 5.2 for destruction of original records–both can be used prior to the final rule. NARA has no authority to over-rule the APA in terms of giving agencies the permission to implement a draft rule to destroy records.