36 C.F.R. § 1222.16
How are nonrecord materials managed?
(a) Agencies must develop recordkeeping requirements to distinguish records from nonrecord materials.
(b) The following guidelines should be used in managing nonrecord materials:
(1) If a clear determination cannot be made, the materials should be treated as records. Agencies may consult with NARA for guidance.
(2) Nonrecord materials must be physically segregated from records or, for electronic non-record materials, readily identified and segregable from records;
(3) Nonrecord materials should be purged when no longer needed for reference. NARA's approval is not required to destroy such materials.
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: Leroy S. Robinson, Jr. v. Robert A. McDonald, 28 Vet. App. 178 (Vet. App. 2016).
Leroy S. Robinson, Jr. v. Robert A. McDonald, 28 Vet. App. 178 (Vet. App. 2016). “Section 7252(b) and the Court's implementing Rule 10 are clearly independent legal provisions that contemplate the use of original source documents, yet the Secretary does not attempt to explain why Rule 10(d)'s requirement does not fall within NARA's exception.”
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