[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