Office of the Chief Information Officer &
High Performance Computing and Communications

Addressing the Paperwork Reduction Act in Preambles of Rulemaking Actions

The following addresses when and how the Paperwork Reduction Act needs to be addressed in the classification sections of preambles to proposed and final rules.

When Must the PRA be Addressed?

The classification section of the rulemaking must address the PRA if the rulemaking contains an information requirement, even if that requirement is not new and is just being restated. The PRA may also need to be addressed if an information requirement is being referred to in the text. This is an area where judgment calls are made as to how clear the reference is and whether it crosses the threshold for a PRA section. If the rule contains multiple requirements, please remember to make the following language plural.

How the PRA Must be Addressed in Proposed Rules Containing Proposed Information Requirements

If the rulemaking requires a PRA area in the classification section because it is proposing new information requirements, and those requirements have not been given PRA clearance by OMB, the following format should be followed:

This proposed rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been submitted to OMB for approval. Public reporting burden for (name the specific requirement or requirements) is estimated to average (enter minutes or hours per individual response for each requirement), including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to (enter office name) at the ADDRESSES above, and e-mail to OIRA_Submission@omb.eop.gov , or fax to (202) 395-5806.

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

Note that if the proposed rule contains multiple information requirements the subjects and verbs need to be changed to plurals (e.g. "this proposed rule contains information collection requirements...").

Remember to include, in the ADDRESSES section of the rule, the sentence "Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to (enter office name) and by e-mail to OIRA_Submission@omb.eop.gov or fax to (202) 395-5806".

How the PRA Must be Addressed in Proposed or Final Rules Containing Approved Information Requirements

For proposed or final rules containing information requirements that have received PRA clearance from OMB, the following language should be used:

This rule contains a collection-of-information requirement subject to the Paperwork Reduction Act (PRA) and which has been approved by OMB under control number (enter number assigned to your approval; all start with 0648- ). Public reporting burden for (name the specific requirement or requirements) is estimated to average (enter minutes or hours per individual response for each requirement) per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed , and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSEES) and by e-mail to OIRA_Submission@omb.eop.gov , or fax to (202) 395-5806.

 

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. All currentlyl approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html

Remember to include, in the ADDRESSES section of the rule, the sentence "Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this [proposed or final] rule may be submitted to (enter office name) and by e-mail to OIRA_Submission@omb.eop.gov or fax to (202) 395-5806".

How the PRA Must be Addressed in Final Rules Containing Unapproved Information Collections

Occasionally a situation arises where an office wants to publish a final rule that either contains an information requirement that OMB has not approved or a requirement that has been altered from what OMB approved. It is possible to do this if the effective date of the information requirement is reserved until OMB approval is received. Specific language is not offered here because of complexities often surrounding each particular case. If you think that you need to take this approach, consult with the NOAA Clearance Officer, Sarah Brabson.