[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Corrections]
[Pages 46148-46149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10905]
Federal Register/Vol. 60, No. 171/Tuesday, September 5, 1995/
Corrections
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[[Page 46148]]
OFFICE OF MANAGEMENT AND BUDGET
5 CFR Part 1320
Controlling Paperwork Burdens on the Public; Regulatory Changes
Reflecting Recodification of the Paperwork Reduction Act
Correction
In rule document 95-21235 beginning on page 44978 in the issue of
Tuesday, August 29, 1995, make the following correction:
Sec. 1320.5 [Corrected]
Due to printing errors, page 44988 is being reprinted in its
entirety as follows:
BILLING CODE 1505-01-D
[[Page 46149]]
(2)(i) the agency informs the potential persons who are to respond
to the collection of information that such persons are not required to
respond to the collection of information unless it displays a currently
valid OMB control number.
(ii) An agency shall provide the information described in paragraph
(b)(2)(i) of this section in a manner that is reasonably calculated to
inform the public.
(A) In the case of forms, questionnaires, instructions, and other
written collections of information sent or made available to potential
respondents (other than in an electronic format), the information
described in paragraph (b)(2)(i) of this section is provided ``in a
manner that is reasonably calculated to inform the public'' if the
agency includes it either on the form, questionnaire or other
collection of information, or in the instructions for such collection.
(B) in the case of forms, questionnaires, instructions, and other
written collections of information sent or made available to potential
respondents in an electronic format, the information described in
paragraph (b)(2)(i) of this section is provided ``in a manner that is
reasonably calculated to inform the public'' if the agency places the
currently valid OMB control number in the instructions, near the title
of the electronic collection instrument, or, for on-line applications,
on the first screen viewed by the respondent.
(C) in the case of collections of information published in
regulations, guidelines, and other issuances in the Federal Register,
the information described in paragraph (b)(2)(i) of this section is
provided ``in a manner that is reasonably calculated to inform the
public'' if the agency publishes such information in the Federal
Register (for example, in the case of a collection of information in a
regulation, by publishing such information in the preamble or the
regulatory text, or in a technical amendment to the regulation, or in a
separate notice announcing OMB approval of the collection of
information). In the case of a collection of information published in
an issuance that is also included in the Code of Federal Regulations,
publication of such information in the Code of Federal Regulations
constitutes an alternative means of providing it ``in a manner that is
reasonably calculated to inform the public.'' In the case of a
collection of information published in an issuance that is also
included in the Code of Federal Regulations, OMB recommends for ease of
future reference that, even where an agency has already provided such
information ``in a manner that is reasonably calculated to inform the
public'' by publishing it in the Federal Register as a separate notice
or in the preamble for the final rule (rather than in the regulatory
text for the final rule or in a technical amendment to the final rule),
the agency also publish such information along with a table or codified
section of OMB control numbers to be included in the Code of Federal
Regulations (see Sec. 1320.3(f)(3)).
(D) in other cases, and where OMB determines in advance in writing
that special circumstances exist, to use other means that are
reasonably calculated to inform the public of the information described
in paragraph (b)(2)(i) of this section.
(c)(1) Agencies shall submit all collections of information, other
than those contained in proposed rules published for public comment in
the Federal Register or in current regulations that were published as
final rules in the Federal Register, in accordance with the
requirements in Sec. 1320.10. Agencies shall submit collections of
information contained in interim final rules or direct final rules in
accordance with the requirements of Sec. 1320.10.
(2) Agencies shall submit collections of information contained in
proposed rules published for public comment in the Federal Register in
accordance with the requirements in Sec. 1320.11.
(3) Agencies shall submit collections of information contained in
current regulations that were published as final rules in the Federal
Register in accordance with the requirements in Sec. 1320.12.
(4) Special rules for emergency processing of collections of
information are set forth in Sec. 1320.13.
(5) For purposes of time limits for OMB review of collections of
information, any submission properly submitted and received by OMB
after 12:00 noon will be deemed to have been received on the following
business day.
(d)(1) To obtain OMB approval of a collection of information, an
agency shall demonstrate that it has taken every reasonable step to
ensure that the proposed collection of information:
(i) is the least burdensome necessary for the proper performance of
the agency's functions to comply with legal requirements and achieve
program objectives;
(ii) is not duplicative of information otherwise accessible to the
agency; and
(iii) has practical utility. The agency shall also seek to minimize
the cost to itself of collecting, processing, and using the
information, but shall not do so by means of shifting disproportionate
costs or burdens onto the public.
(2) Unless the agency is able to demonstrate, in its submission for
OMB clearance, that such characteristic of the collection of
information is necessary to satisfy statutory requirements or other
substantial need, OMB will not approve a collection of information--
(i) requiring respondents to report information to the agency more
often than quarterly;
(ii) requiring respondents to prepare a written response to a
collection of information in fewer than 30 days after receipt of it;
(iii) requiring respondents to submit more than an original and two
copies of any document;
(iv) requiring respondents to retain records, other than health,
medical, government contract, grant-in-aid, or tax records, for more
than three years;
(v) in connection with a statistical survey, that is not designed
to produce valid and reliable results that can be generalized to the
universe of study;
(vi) requiring the use of a statistical data classification that
has not been reviewed and approved by OMB;
(vii) that includes a pledge of confidentiality that is not
supported by authority established in statute or regulation, that is
not supported by disclosure and data security policies that are
consistent with the pledge, or which unnecessarily impedes sharing of
data with other agencies for compatible confidential use; or
(viii) requiring respondents to submit proprietary, trade secret,
or other confidential information unless the agency can demonstrate
that it has instituted procedures to protect the information's
confidentiality to the extent permitted by law.
(e) OMB shall determine whether the collection of information, as
submitted by the agency, is necessary for the proper performance of the
agency's functions. In making this determination, OMB will take into
account the criteria set forth in paragraph (d) of this section, and
will consider whether the burden of the collection of information is
justified by its practical utility. In addition:
(1) OMB will consider necessary any collection of information
specifically mandated by statute or court order, but will independently
assess any collection of information to the extent that the agency
exercises discretion in its implementation; and
(2) OMB will consider necessary any collection of information
specifically required by an agency rule approved or not acted upon by
OMB under Sec. 1320.11 or Sec. 1320.12, but will independently assess
any such collection of
