This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

46148

Vol. 60, No. 171

Tuesday, September 5, 1995

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:

§ 1320.5 [Corrected]

Due to printing errors, page 44988 is

being reprinted in its entirety as follows:

BILLING CODE 1505–01–D
Federal Register / Vol. 60, No. 171 / Tuesday, September 5, 1995 / Corrections 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 § 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

§ 1320.10. Agencies shall submit

collections of information contained in

interim final rules or direct final rules

in accordance with the requirements of

§ 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 § 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

§ 1320.12.

(4) Special rules for emergency

processing of collections of information

are set forth in § 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 § 1320.11

or § 1320.12, but will independently

assess any such collection of