The office established under §1320.7 shall review each
collection of information before submission to OMB for review under this part.
(a) This review shall include:
(1) An evaluation of the need for the collection of
information, which shall include, in the case of an existing collection of
information, an evaluation of the continued need for such collection;
(2) A functional description of the information to be
collected;
(3) A plan for the collection of information;
(4) A specific, objectively supported estimate of burden,
which shall include, in the case of an existing collection of information, an
evaluation of the burden that has been imposed by such collection;
(5) An evaluation of whether (and if so, to what extent) the
burden on respondents can be reduced by use of automated, electronic,
mechanical, or other technological collection techniques or other forms of
information technology, e.g., permitting electronic submission of responses;
(6) A test of the collection of information through a pilot
program, if appropriate; and
(7) A plan for the efficient and effective management and
use of the information to be collected, including necessary resources.
(b) Such office shall ensure that each collection of
information:
(1) Is inventoried, displays a currently valid OMB control
number, and, if appropriate, an expiration date;
(2) Is reviewed by OMB in accordance with the clearance
requirements of 44 U.S.C. §3507; and
(3) Informs and provides reasonable notice to the potential
persons to whom the collection of information is addressed of—
(i) The reasons the information is planned to be and/or has
been collected;
(ii) The way such information is planned to be and/or has
been used to further the proper performance of the functions of the agency;
(iii) An estimate, to the extent practicable, of the average
burden of the collection (together with a request that the public direct to the
agency any comments concerning the accuracy of this burden estimate and any
suggestions for reducing this burden);
(iv) Whether responses to the collection of information are
voluntary, required to obtain or retain a benefit (citing authority), or
mandatory (citing authority);
(v) The nature and extent of confidentiality to be provided,
if any (citing authority); and
(vi) The fact that an agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information unless it
displays a currently valid OMB control number.
(c)(1) An agency shall provide the information described in
paragraphs (b)(3)(i) through (v) of this section as follows:
(i) In the case of forms, questionnaires, instructions, and
other written collections of information sent or made available to potential
respondents (except in an electronic format), such information can be included
either on the form, questionnaire or other collection of information, as part
of the instructions for such collection, or in a cover letter or memorandum
that accompanies the collection of information.
(ii) In the case of forms, questionnaires, instructions, and
other written collections of information sent or made available to potential
respondents in an electronic format, such information can be included either in
the instructions, near the title of the electronic collection instrument, or,
for on-line applications, on the first screen viewed by the respondent;
(iii) In the case of collections of information published in
regulations, guidelines, and other issuances in the
(iv) In other cases, and where OMB determines in advance in
writing that special circumstances exist, agencies may use other means to
inform potential respondents.
(2) An agency shall provide the information described in
paragraph (b)(3)(vi) of this section in a manner that is reasonably calculated
to inform the public (see §1320.5(b)(2)(ii)).
(d)(1) Before an agency submits a collection of information
to OMB for approval, and except as provided in paragraphs (d)(3) and (d)(4) of
this section, the agency shall provide 60-day notice in the
(i) Evaluate whether the proposed collection of information
is necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the validity of the
methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or other
forms of information technology, e.g., permitting electronic submission of
responses.
(2) If the agency does not publish a copy of the proposed
collection of information, together with the related instructions, as part of
the
(i) Provide more than 60-day notice to permit timely
receipt, by interested members of the public, of a copy of the proposed
collection of information and related instructions; or
(ii) Explain how and from whom an interested member of the
public can request and obtain a copy without charge, including, if applicable,
how the public can gain access to the collection of information and related
instructions electronically on demand.
(3) The agency need not separately seek such public comment
for any proposed collection of information contained in a proposed rule to be
reviewed under §1320.11, if the agency provides notice and comment through the
notice of proposed rulemaking for the proposed rule and such notice
specifically includes the solicitation of comments for the same purposes as are
listed under paragraph (d)(1) of this section.
(4) The agency need not seek or may shorten the time allowed
for such public comment if OMB grants an exemption from such requirement for
emergency processing under §1320.13.