Appendix A to Part 1320 - Agencies With Delegated Review and Approval Authority
5:3.0.2.3.9.0.53.19.5 : Appendix A
Appendix A to Part 1320 - Agencies With Delegated Review and
Approval Authority 1. The Board of Governors of the Federal Reserve
System
(a) Authority to review and approve collection of information
requests, collection of information requirements, and collections
of information in current rules is delegated to the Board of
Governors of the Federal Reserve System.
(1) This delegation does not include review and approval
authority over any new collection of information or any
modification to an existing collection of information that:
(i) Is proposed to be collected as a result of a requirement or
other mandate of the Federal Financial Institutions Examination
Council, or other Federal executive branch entities with authority
to require the Board to conduct or sponsor a collection of
information.
(ii) Is objected to by another Federal agency on the grounds
that agency requires information currently collected by the Board,
that the currently collected information is being deleted from the
collection, and the deletion will have a serious adverse impact on
the agency's program, provided that such objection is certified to
OMB by the head of the Federal agency involved, with a copy to the
Board, before the end of the comment period specified by the Board
on the Federal Register notices specified in paragraph (1)(3)(i) of
this section 1.
(iii) Would cause the burden of the information collections
conducted or sponsored by the Board to exceed by the end of the
fiscal year the Information Collection Budget allowance set by the
Board and OMB for the fiscal year-end.
(2) The Board may ask that OMB review and approve collections of
information covered by this delegation.
(3) In exercising delegated authority, the Board will:
(i) Provide the public, to the extent possible and appropriate,
with reasonable opportunity to comment on collections of
information under review prior to taking final action approving the
collection. Reasonable opportunity for public comment will include
publishing a notice in the Federal Register informing the public of
the proposed collection of information, announcing the beginning of
a 60-day public comment period, and the availability of copies of
the “clearance package,” to provide the public with the opportunity
to comment. Such Federal Register notices shall also advise the
public that they may also send a copy of their comments to the
Federal Reserve Board and to the OMB/OIRA Desk Officer.
(A) Should the Board determine that a new collection of
information or a change in an existing collection must be
instituted quickly and that public participation in the approval
process would defeat the purpose of the collection or substantially
interfere with the Board's ability to perform its statutory
obligation, the Board may temporarily approve of the collection of
information for a period not to exceed 90 days without providing
opportunity for public comment.
(B) At the earliest practical date after approving the temporary
extension to the collection of information, the Board will publish
a Federal Register notice informing the public of its approval of
the collection of information and indicating why immediate action
was necessary. In such cases, the Board will conduct a normal
delegated review and publish a notice in the Federal Register
soliciting public comment on the intention to extend the collection
of information for a period not to exceed three years.
(ii) Provide the OMB/OIRA Desk Officer for the Federal Reserve
Board with a copy of the Board's Federal Register notice not later
than the day the Board files the notice with the Office of the
Federal Register.
(iii) Assure that approved collections of information are
reviewed not less frequently than once every three years, and that
such reviews are normally conducted before the expiration date of
the prior approval. Where the review has not been completed prior
to the expiration date, the Board may extend the report, for up to
three months, without public notice in order to complete the review
and consequent revisions, if any. There may also be other
circumstances in which the Board determines that a three-month
extension without public notice is appropriate.
(iv) Take every reasonable step to conduct the review
established under 5 CFR 1320.8, including the seeking of public
comment under 5 CFR 1320.8(d). In determining whether to approve a
collection of information, the Board will consider all comments
received from the public and other agencies. The Board will not
approve a collection of information that it determines does not
satisfy the guidelines set forth in 5 CFR 1320.5(d)(2), unless it
determines that departure from these guidelines is necessary to
satisfy statutory requirements or other substantial need.
(v)(A) Assure that each approved collection of information
displays, as required by 5 CFR 1320.6, a currently valid OMB
control number and the fact that a person is not required to
respond to a collection of information unless it displays a
currently valid OMB control number.
(B) Assure that all collections of information, except those
contained in regulations, display the expiration date of the
approval, or, in case the expiration date has been omitted, explain
the decision that it would not be appropriate, under 5 CFR
1320.5(a)(1)(iii)(C), for a proposed collection of information to
display an expiration date.
(C) Assure that each collection of information, as required by 5
CFR 1320.8(b)(3), informs and provides fair notice to the potential
respondents of why the information is being collected; the way in
which such information is to be used; the estimated burden; whether
responses are voluntary, required to obtain or retain a benefit, or
mandatory; the confidentiality to be provided; and the fact that an
agency may not conduct or sponsor, and the respondent is not
required to respond to, a collection of information unless it
displays a currently valid OMB control number.
(vi) Assure that each approved collection of information,
together with a completed form OMB 83-I, a supporting statement, a
copy of each comment received from the public and other agencies in
response to the Board's Federal Register notice or a summary of
these comments, the certification required by 5 CFR 1320.9, and a
certification that the Board has approved of the collection of
information in accordance with the provisions of this delegation is
transmitted to OMB for incorporation into OMB's public docket
files. Such transmittal shall be made as soon as practical after
the Board has taken final action approving the collection. However,
no collection of information may be instituted until the Board has
delivered this transmittal to OMB.
(b) OMB will:
(1) Provide the Board in advance with a block of control numbers
which the Board will assign in sequential order to and display on,
new collections of information.
(2) Provide a written notice of action to the Board indicating
that the Board approvals of collections of information that have
been received by OMB and incorporated into OMB's public docket
files and an inventory of currently approved collections of
information.
(3) Review any collection of information referred by the Board
in accordance with the provisions of section 1(a)(2) of this
Appendix.
(c) OMB may review the Board's paperwork review process under
the delegation. The Board will cooperate in carrying out such a
review. The Board will respond to any recommendations resulting
from such review and, if it finds the recommendations to be
appropriate, will either accept the recommendations or propose an
alternative approach to achieve the intended purpose.
(d) This delegation may, as provided by 5 CFR 1320.16(c), be
limited, conditioned, or rescinded, in whole or in part at any
time. OMB will exercise this authority only in unusual
circumstances and, in those rare instances, will do so, subject to
the provisions of 5 CFR 1320.10(f) and 1320.10(g), prior to the
expiration of the time period set for public comment in the Board's
Federal Register notices and generally only if:
(1) Prior to the commencement of a Board review (e.g., during
the review for the Information Collection Budget). OMB has notified
the Board that it intends to review a specific new proposal for the
collection of information or the continued use (with or without
modification) of an existing collection;
(2) There is substantial public objection to a proposed
information collection: or
(3) OMB determines that a substantially inadequate and
inappropriate lead time has been provided between the final
announcement date of the proposed requirement and the first date
when the information is to be submitted or disclosed. When OMB
exercises this authority it will consider that the period of its
review began the date that OMB received the Federal Register notice
provided for in section 1(a)(3)(i) of this Appendix.
(e) Where OMB conducts a review of a Board information
collection proposal under section 1(a)(1), 1(a)(2), or 1(d) of this
Appendix, the provisions of 5 CFR 1320.13 continue to apply.
2. The Managing Director of the Federal Communications Commission
(a) Authority to review and approve currently valid
(OMB-approved) collections of information, including collections of
information contained in existing rules, that have a total annual
burden of 5,000 hours or less and a burden of less than 500 hours
per respondent is delegated to the Managing Director of the Federal
Communications Commission.
(1) This delegation does not include review and approval
authority over any new collection of information, any collections
whose approval has lapsed, any substantive or material modification
to existing collections, any reauthorization of information
collections employing statistical methods, or any information
collections that exceed a total annual burden of 5,000 hours or an
estimated burden of 500 hours per respondent.
(2) The Managing Director may ask that OMB review and approve
collections of information covered by the delegation.
(3) In exercising delegated authority, the Managing Director
will:
(i) Provide the public, to the extent possible and appropriate,
with reasonable opportunity to comment on collections of
information under review prior to taking final action on
reauthorizing an existing collection. Reasonable opportunity for
public comment will include publishing a notice in the Federal
Register and an FCC Public Notice informing the public that a
collection of information is being extended and announcing the
beginning of a 60-day comment period, notifying the public of the
“intent to extend an information collection,” and providing the
public with the opportunity to comment on the need for the
information, its practicality, the accuracy of the agency's burden
estimate, and on ways to minimize burden, including the use of
automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology,
e.g., permitting electronic submission of responses. Such notices
shall advise the public that they may also send a copy of their
comments to the OMB/Office of Information and Regulatory Affairs
desk officer for the Commission.
(A) Should the Managing Director determine that a collection of
information that falls within the scope of this delegation must be
reauthorized quickly and that public participation in the
reauthorization process interferes with the Commission's ability to
perform its statutory obligation, the Managing Director may
temporarily reauthorize the extension of an information collection,
for a period not to exceed 90 days, without providing opportunity
for public comment.
(B) At the earliest practical date after granting this temporary
extension to an information collection, the Managing Director will
conduct a normal delegated review and publish a Federal Register
notice soliciting public comment on its intention to extend the
collection of information for a period not to exceed three
years.
(ii) Assure that approved collections of information are
reviewed not less frequently than once every three years and that
such reviews are conducted before the expiration date of the prior
approval. When the review is not completed prior to the expiration
date, the Managing Director will submit the lapsed information
collection to OMB for review and reauthorization.
(iii) Assure that each reauthorized collection of information
displays an OMB control number and, except for those contained in
regulations or specifically designated by OMB, displays the
expiration date of the approval.
(iv) Inform and provide fair notice to the potential
respondents, as required by 5 CFR 1320.8(b)(3), of why the
information is being collected; the way in which such information
is to be used; the estimated burden; whether responses are
voluntary, required, required to obtain or retain a benefit, or
mandatory; the confidentiality to be provided; and the fact that an
agency may not conduct or sponsor, and the respondent is not
required to respond to, a collection of information unless it
displays a currently valid OMB control number.
(v) Transmit to OMB for incorporation into OMB's public docket
files, a report of delegated approval certifying that the Managing
Director has reauthorized each collection of information in
accordance with the provisions of this delegation. The Managing
Director shall also make the certification required by 5 CFR
1320.9, e.g., that the approved collection of information reduces
to the extent practicable and appropriate, the burden on
respondents, including, for small business, local government, and
other small entities, the use of the techniques outlined in the
Regulatory Flexibility Act. Such transmittals shall be made no
later than 15 days after the Managing Director has taken final
action reauthorizing the extension of an information
collection.
(vi) Ensure that the personnel in the Commission's functional
bureaus and offices responsible for managing information
collections receive periodic training on procedures related to
meeting the requirements of this part and the Act.
(b) OMB will:
(1) Provide notice to the Commission acknowledging receipt of
the report of delegated approval and its incorporation into OMB's
public docket files and inventory of currently approved collections
of information.
(2) Act upon any request by the Commission to review a
collection of information referred by the Commission in accordance
with the provisions of section 2(a)(2) of this appendix.
(3) Periodically assess, at its discretion, the Commission's
paperwork review process as administered under the delegation. The
Managing Director will cooperate in carrying out such an
assessment. The Managing Director will respond to any
recommendations resulting from such a review and, if it finds the
recommendations to be appropriate, will either accept the
recommendation or propose an alternative approach to achieve the
intended purpose.
(c) This delegation may, as provided by 5 CFR 1320.16(c), be
limited, conditioned, or rescinded, in whole or in part at any
time. OMB will exercise this authority only in unusual
circumstances.