5 CFR 1320.10 - Clearance of collections of information, other than those contained in proposed rules or in current rules.

§ 1320.10 Clearance of collections of information, other than those contained in proposed rules or in current rules.

Agencies shall submit all collections of information, other than those contained either in proposed rules published for public comment in the Federal Register (which are submitted under § 1320.11) or in current rules that were published as final rules in the Federal Register (which are submitted under § 1320.12), in accordance with the following requirements:

(a) On or before the date of submission to OMB, the agency shall, in accordance with the requirements in § 1320.5(a)(1)(iv), forward a notice to the Federal Register stating that OMB approval is being sought. The notice shall direct requests for information, including copies of the proposed collection of information and supporting documentation, to the agency, and shall request that comments be submitted to OMB within 30 days of the notice's publication. The notice shall direct comments to the Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for [name of agency]. A copy of the notice submitted to the Federal Register, together with the date of expected publication, shall be included in the agency's submission to OMB.

(b) Within 60 days after receipt of the proposed collection of information or publication of the notice under paragraph (a) of this section, whichever is later, OMB shall notify the agency involved of its decision to approve, to instruct the agency to make a substantive or material change to, or to disapprove, the collection of information, and shall make such decision publicly available. OMB shall provide at least 30 days for public comment after receipt of the proposed collection of information before making its decision, except as provided under § 1320.13. Upon approval of a collection of information, OMB shall assign an OMB control number and, if appropriate, an expiration date. OMB shall not approve any collection of information for a period longer than three years.

(c) If OMB fails to notify the agency of its approval, instruction to make substantive or material change, or disapproval within the 60-day period, the agency may request, and OMB shall assign without further delay, an OMB control number that shall be valid for not more than one year.

(d) As provided in § 1320.5(b) and § 1320.6(a), an agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs 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.


(1) In the case of a collection of information not contained in a published current rule which has been approved by OMB and has a currently valid OMB control number, the agency shall:

(i) Conduct the review established under § 1320.8, including the seeking of public comment under § 1320.8(d); and

(ii) After having made a reasonable effort to seek public comment, but no later than 60 days before the expiration date of the OMB control number for the currently approved collection of information, submit the collection of information for review and approval under this part, which shall include an explanation of how the agency has used the information that it has collected.

(2) The agency may continue to conduct or sponsor the collection of information while the submission is pending at OMB.

(f) Prior to the expiration of OMB's approval of a collection of information, OMB may decide on its own initiative, after consultation with the agency, to review the collection of information. Such decisions will be made only when relevant circumstances have changed or the burden estimates provided by the agency at the time of initial submission were materially in error. Upon notification by OMB of its decision to review the collection of information, the agency shall submit it to OMB for review under this part.

(g) For good cause, after consultation with the agency, OMB may stay the effectiveness of its prior approval of any collection of information that is not specifically required by agency rule; in such case, the agency shall cease conducting or sponsoring such collection of information while the submission is pending, and shall publish a notice in the Federal Register to that effect.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 31 - MONEY AND FINANCE

§ 2101 - Definitions

§ 2102 - Establishment

§ 2103 - Officers

§ 2104 - Administrative provisions

§ 2105 - Personnel and services

§ 2106 - Reports to Congress

§ 2107 - Acceptance of records for historical preservation

§ 2108 - Responsibility for custody, use, and withdrawal of records

§ 2109 - Preservation, arrangement, duplication, exhibition of records

§ 2110 - Servicing records

§ 2111 - Material accepted for deposit

§ 2112 - Presidential archival depository

§ 2113 - Depository for agreements between States

§ 2114 - Preservation of audio and visual records

§ 2115 - Reports; correction of violations

§ 2116 - Legal status of reproductions; official seal; fees for copies and reproductions

§ 2117 - Limitation on liability

§ 2118 - Records of Congress

§ 2119 - Cooperative agreements

§ 2120 - Online access of founding fathers documents

§ 2501 - Creation; composition; appointment and tenure; meetings

§ 2502 - Vacancies

§ 2503 - Executive director, staff, transportation expenses

§ 2504 - Duties; authorization of grants for historical publications and records programs; authorization for appropriations

§ 2505 - Special advisory committees; membership; reimbursement

§ 2506 - Records to be kept by grantees

§ 2507 - Repealed. Pub. L. 98–497, title I, § 107(b)(12)(A), Oct. 19, 1984, 98 Stat. 2287]

§ 2701 - Advisory Committee on the Records of Congress

§ 2702 - Membership; chairman; meetings

§ 2703 - Functions of the Committee

§ 2704 - Powers of the Committee

§ 2705 - Compensation and travel expenses

§ 2706 - Administrative provisions

§ 2901 - Definitions

§ 2902 - Objectives of records management

§ 2903 - Custody and control of property

§ 2904 - General responsibilities for records management

§ 2905 - Establishment of standards for selective retention of records; security measures

§ 2906 - Inspection of agency records

§ 2907 - Records centers and centralized microfilming or digitization services

§ 2908 - Regulations

§ 2909 - Retention of records

§ 2910 - Preservation of Freedmen’s Bureau records

§ 3101 - Records management by agency heads; general duties

§ 3102 - Establishment of program of management

§ 3103 - Transfer of records to records centers

§ 3104 - Certifications and determinations on transferred records

§ 3105 - Safeguards

§ 3106 - Unlawful removal, destruction of records

§ 3107 - Authority of Comptroller General

§ 3501 - Purposes

§ 3502 - Definitions

§ 3503 - Office of Information and Regulatory Affairs

§ 3504 - Authority and functions of Director

§ 3505 - Assignment of tasks and deadlines

§ 3506 - Federal agency responsibilities

§ 3507 - Public information collection activities; submission to Director; approval and delegation

§ 3508 - Determination of necessity for information; hearing

§ 3509 - Designation of central collection agency

§ 3510 - Cooperation of agencies in making information available

§ 3511 - Establishment and operation of Government Information Locator Service

§ 3512 - Public protection

§ 3513 - Director review of agency activities; reporting; agency response

§ 3514 - Responsiveness to Congress

§ 3515 - Administrative powers

§ 3516 - Rules and regulations

§ 3517 - Consultation with other agencies and the public

§ 3518 - Effect on existing laws and regulations

§ 3519 - Access to information

§ 3520 - Establishment of task force on information collection and dissemination

§ 3521 - Authorization of appropriations