5 CFR 1320.3 - Definitions

Cite as5 CFR 1320.3
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5479 practice notes
  • 2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
    • United States
    • Federal Register January 15, 2016
    • January 15, 2016
    ...Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting Rule'' (see Docket Id. No. EPA-HQ-OAR-2015-0526). Burden is defined at 5 CFR 1320.3(b). The total estimated incremental burden and cost associated with the proposed revisions is 23,456 hours and $2,049,478 over the 3 years cov......
  • Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards
    • United States
    • Federal Register May 21, 2013
    • May 21, 2013
    ...would be 128 hours. Supporting statements for all 3 ICRs can be found in Docket ID number EPA-HQ-OAR-2011-0135. Burden is defined at 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless Page 29994 displays a cur......
  • Discrimination on the Basis of Sex
    • United States
    • Federal Register June 15, 2016
    • June 15, 2016
    ...include in the burden analysis the estimated time it takes for contractors to review and understand the instructions for compliance. See 5 CFR 1320.3(b)(1)(i). In order to minimize this burden, OFCCP will publish compliance assistance materials including, but not limited to, fact sheets and......
  • Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities
    • United States
    • Federal Register April 17, 2015
    • April 17, 2015
    ...to respondents to be approximately 358,957 hours with a three year total estimated burden of 1,076,871 hours. Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The total estimated annual cost is approximately $64,007,121; this is composed of approximately $22,894,608 in annualized......
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19 cases
  • Hyatt v. Office of Mgmt. & Budget, No. 17-17101
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 15, 2018
    ...did not contain any collections of information, because three regulatory exceptions to the definition of "information" applied. See 5 C.F.R. § 1320.3(h)(1), (6), (9). Consequently, the agency concluded that the PTO Rules were not subject to the PRA.Hyatt filed a complaint with the district ......
  • H & L Axelsson, Inc. v. Pritzker, Civil Action No. 13–183 JBS/KMW.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • April 15, 2014
    ...disclosed, to a plan and/or an instrument calling for the collection or disclosure of information, or any of these, as appropriate.” 5 C.F.R. § 1320.3(c). The regulations continue: “A ‘collection of information’ may be in any form or format, including the use of ... instructions; ... automa......
  • H&L Axelsson, Inc. v. Pritzker, Civil Action No. 13–183 (JBS/KMW).
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • April 15, 2014
    ...disclosed, to a plan and/or an instrument calling for the collection or disclosure of information, or any of these, as appropriate.” 5 C.F.R. § 1320.3(c). The regulations continue: “A ‘collection of information’ may be in any form or format, including the use of ... instructions; ... automa......
  • Wag-Aero, Inc. v. US, No. 92-C-1239.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • November 26, 1993
    ...administrative action is initiated, but only after a case file or its equivalent is opened with respect to a particular party.... 5 C.F.R. § 1320.3(c). According to the allegations of the Amended Complaint, the United States Department of Transportation distributed a circular to customers o......
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4 firm's commentaries
  • Opportunity to Reform Existing PTO Regulations and Ease Patent Application Paperwork Burden
    • United States
    • JD Supra United States
    • April 26, 2012
    ...of the agency's functions. . ."). 12 44 U.S.C. § 3506(c)(3)(B) and 5 C.F.R. § 1320.5(d)(1)(ii). 13 44 U.S.C. § 3502(11) and 5 C.F.R. § 1320.3(l) 14 Information "quality" is defined in OMB's information quality guidelines, 67 Fed.Reg. 8451-60, http://www.whitehouse.gov/omb/fedreg_final_infor......
  • Did The CFPB Follow PRA Requirements In Issuing Its Big Tech Orders?
    • United States
    • Mondaq United States
    • November 23, 2021
    ...to mean obtaining answers to identical questions posed to "ten or more persons" within a twelve-month period. See 44 U.S.C. 3502(3) and 5 C.F.R 1320.3(c). This means that PRA requirements generally do not apply to information collected from nine or fewer institutions. However, OMB regulatio......
  • Did The CFPB Follow PRA Requirements In Issuing Its Big Tech Orders?
    • United States
    • Mondaq United States
    • November 23, 2021
    ...to mean obtaining answers to identical questions posed to "ten or more persons" within a twelve-month period. See 44 U.S.C. 3502(3) and 5 C.F.R 1320.3(c). This means that PRA requirements generally do not apply to information collected from nine or fewer institutions. However, OMB regulatio......
  • PTO Rules Not Subject to the Paperwork Reduction Act
    • United States
    • JD Supra United States
    • May 27, 2021
    ...or solicited through nonstandardized follow-up questions designed to clarify responses to approved collections of information.” 5 C.F.R. §§ 1320.3(h)(1), (6), AAET made similar arguments in submitting three requests to OMB on PTO rules 105, 130, 131 and 132 and MPEP § 2173.05(n). In its res......
8 books & journal articles
  • The PTAB Is Not an Article III Court, Part 2: Aqua Products v. Matal as a Case Study in Administrative Law
    • United States
    • Landslide Nbr. 10-5, May 2018
    • May 1, 2018
    ...posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons,” the relevant implementing regulation, 5 C.F.R. § 1320.3(c)(4)(i), clarifies that the scope of coverage embraces “any recordkeeping, reporting, or disclosure Continued on page 64 Published in Lan......
  • The PTAB is Not an Article III Court: A Primer on Federal Agency Rule Making
    • United States
    • Landslide Nbr. 10-2, November 2017
    • November 1, 2017
    ...Steelworkers of Am., 494 U.S. 26, 33 (1990). 10. 44 U.S.C. § 3506(c)(1)(A); 5 C.F.R. § 1320.8(a)(1). 11. 44 U.S.C. § 3506(c)(3)(A); 5 C.F.R. §§ 1320.3(l), .9(a). 12. 44 U.S.C. § 3506(c)(3)(C); 5 C.F.R. §§ 1320.5(d)(1), .9(c). 13. 44 U.S.C. § 3506(c)(3)(D); 5 C.F.R. § 1320.9(d). 14. 44 U.S.C......
  • An Interview with Kent L. Richland
    • United States
    • Landslide Nbr. 10-5, May 2018
    • May 1, 2018
    ...posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons,” the relevant implementing regulation, 5 C.F.R. § 1320.3(c)(4)(i), clarifies that the scope of coverage embraces “any recordkeeping, reporting, or disclosure Continued on page 64 Published in Lan......
  • When 30 Years of Practice Goes Against You: Patent Venue Ruling 'Ignores' Supreme Court Precedent
    • United States
    • Landslide Nbr. 10-5, May 2018
    • May 1, 2018
    ...posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons,” the relevant implementing regulation, 5 C.F.R. § 1320.3(c)(4)(i), clarifies that the scope of coverage embraces “any recordkeeping, reporting, or disclosure Continued on page 64 Published in Lan......
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5456 provisions
  • 2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
    • United States
    • Federal Register January 15, 2016
    • January 15, 2016
    ...Burden Impacts of 2015 Revisions to the Greenhouse Gas Reporting Rule'' (see Docket Id. No. EPA-HQ-OAR-2015-0526). Burden is defined at 5 CFR 1320.3(b). The total estimated incremental burden and cost associated with the proposed revisions is 23,456 hours and $2,049,478 over the 3 years cov......
  • Discretionary Review by the Secretary
    • United States
    • Employment And Training Administration,Federal Contract Compliance Programs Office,Labor-management Standards Office,Occupational Health And Safety Administration,The Secretary Of Labor Office,Wage And Hour Division
    • Invalid date
    ...of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., as this rulemaking does not involve any collections of information. See 5 CFR 1320.3(c). Unfunded Mandates Reform Act of 1995 and Executive Order 13132, The Department has reviewed this proposed rule in accordance with the requirements......
  • Environmental Protection Agency,
    • United States
    • Federal Register December 26, 2000
    • December 26, 2000
    ...not expect to need to request an increase in the total burden hours approved by OMB for export notifications. As defined by the PRA and 5 CFR 1320.3(b), ``burden'' means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide ......
  • Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-Phase 2
    • United States
    • Federal Register October 25, 2016
    • October 25, 2016
    ...will prepare for and begin certifying for Phase 2 while Phase 1 will continue for the other affected manufacturers. Burden is defined at 5 CFR 1320.3(b). Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide inf......
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