Page:United States Statutes at Large Volume 109 Part 1.djvu/193

 ^'^^^^*^ ' PUBLIC LAW 104-13—MAY 22, 1995 109 STAT. 177 Federal Register, publication. Regulations. Federal Register, publication. "(3) If the Director does not notify the agency of a denial or approval within the 60-day period described under paragraph (2>- "(A) the approval may be inferred; "(B) a control number shall be assigned without further delay; and "(C) the agency may collect the information for not more than 1 year, "(d)(1) For any proposed collection of information contained Proposed rule, in a proposed rule— "(A) as soon as practicable, but no later than the date of publication of a notice of proposed rulemaking in the Federal Register, each agency shall forward to the Director a copy of any proposed rule which contains a collection of information and any information requested by the Director necessary to make the determination required under this subsection; and "(B) within 60 days after the notice of proposed rulemaking is published in the Federal Register, the Director may file public comments pursuant to the standards set forth in section 3508 on the collection of information contained in the proposed rule; "(2) When a final rule is published in the Federal Register, the agency shall explain— "(A) how any collection of information contained in the final rule responds to the comments, if any, filed by the Director or the public; or "(B) the reasons such comments were rejected. "(3) If the Director has received notice and failed to comment on an agency rule within 60 days after the notice of proposed rulemaking, the Director may not disapprove any collection of information specifically contained in an agency rule. "(4) No provision in this section shall be construed to prevent the Director, in the Director's discretion— "(A) from disapproving any collection of information which was not specifically required by an agency rule; "(B) from disapproving any collection of information contained in an agency rule, if the agency failed to comply with the requirements of paragraph (1) of this subsection; "(C) from disapproving any collection of information contained in a final agency rule, if the Director finds within 60 days after the publication of the final rule that the agency's response to the Director's comments filed under paragraph (2) of this subsection was unreasonable; or "(D) from disapproving any collection of information contained in a final rule, if— "(i) the Director determines that the agency has substantially modified in the final rule the collection of information contained in the proposed rule; and "(ii) the agency has not given the Director the information required under paragraph (1) with respect to the modified collection of information, at least 60 days before the issuance of the final rule. "(5) This subsection shall apply only when an agency publishes a notice of proposed rulemaking and requests public comments. "(6) The decision by the Director to approve or not act upon a collection of information contained in an agency rule shall not be subject to judicial review. 99-194 0-96-7:QL3Partl

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