Change Requests

What is an ICR?

An Information Collection Request (ICR) is a federal agency's request for approval from the Office of Management and Budget (OMB) to collect information from the public. Under the Paperwork Reduction Act (PRA), agencies must justify why the information is needed and how it will be used.

When are they submitted?

Federal agencies are required to submit an ICR whenever they create, renew, modify an information collection. Each ICR includes a description of the collection, supporting materials and documentation (such as forms, surveys, or scripts), and proof that the agency has met the requirements of the PRA.

The ICR is submitted to the The Office of Information and Regulatory Affairs (OIRA) within OMB for review and approval. OIRA grants approval for a maximum of three years, after which the collection must be renewed through a new ICR submission.

Where to find an ICR?

ICRs are publicly available on RegInfo.gov, and additional guidance can be found in the FAQs.

Note: Presidential Action influences are notated for ICRs received between January 20, 2025 and July 19, 2025.

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Showing 25 of 15675 results

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Title
Reference Number
OMB Control Number
Agency
Received
Concluded
Action
Status
Request Type
Presidential Action

Title:

FERC-716, Good Faith Requests for Transmission Services under Section 213(a) of the Federal Power Act (FPA) and Applications for Orders under FPA 211(a) and 212

Reference Number:

202403-1902-006

Omb Control Number:

1902-0170

Agency:

FERC

Received:

2024-06-12

Concluded:

2024-10-03

Action:

Approved without change

Status:

Active

Request Type:

Extension without change of a currently approved collection
FERC-716, Good Faith Requests for Transmission Services under Section 213(a) of the Federal Power Act (FPA) and Applications for Orders under FPA 211(a) and 212

Key Information

Abstract

FERC-716 pertains to transmission of electricity generated and sold at the wholesale level, i.e., sold to a utility or other entity that will resell that energy to residential, business, or industrial customers. The Federal Power Act (FPA) and the relevant Commission regulations provide for two procedures for a generator of wholesale electricity to seek transmission services. One procedure involves the exchange of information between generators and transmitting utilities under FPA section 213. The other procedure involves an application for a Commission order requiring a transmitting utility to provide wholesale transmission services to the generator-applicant. That second procedure is governed by FPA sections 211 and 212. The Commission’s regulation at 18 CFR 2.20 provides that the Commission may issue an order under FPA sections 211 and 212 only if the applicant has made a good faith request (under FPA section 213) for transmission services to the transmitting utility at least 60 days prior to the filing of an application for such order. The Commission's regulation at 18 CFR 36.1 lists requirements for an application for transmission services pursuant to FPA sections 211 and 212.

Federal Register Notices

60-Day FRN
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30-Day FRN
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Authorizing Statutes

16 USC 824k
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16 USC 824l
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16 USC 824j
View Law

Presidential Action:

-

Title:

The International Classification of Diseases, 10th Revision, Procedure Coding System (ICD–10–PCS) (CMS-10774)

Reference Number:

202406-0938-003

Omb Control Number:

0938-1409

Agency:

HHS/CMS

Received:

2024-06-12

Concluded:

2024-08-01

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
The International Classification of Diseases, 10th Revision, Procedure Coding System (ICD–10–PCS) (CMS-10774)

Key Information

Abstract

The ICD–10–PCS code set has been maintained, enhanced and expanded as a direct result of recommendations for updates (e.g. adding new codes, deleting codes, and editing descriptive material related to existing codes) received from interested stakeholders from both the public and private sectors. Thus, information collected in the application is significant to code set maintenance. The ICD–10–PCS code set maintenance is an ongoing process, as changes are implemented and updated; therefore, the process requires continual collection of information from applicants on a bi-annual basis. As new technology evolves and new complex medical procedures are developed, requests are submitted to CMS requesting modifications to the ICD–10–PCS code set. Requests have been received prior to HIPAA implementation and must continue to be collected to facilitate quality decision-making. The International Classification of Diseases, 10th Revision, Procedure Coding System (ICD–10–PCS) Application form designed for MEARIS™ collects the same data elements as collected in the current process for requesting new/revised ICD–10–PCS procedure codes as described on our webpage at: https://www.cms.gov/Medicare/Coding/ICD10/newrevisedcodes.

Federal Register Notices

60-Day FRN
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30-Day FRN
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Authorizing Statutes

42 USC 1395ww
View Law

Presidential Action:

-

Title:

Request for Certification in the Medicare and/or Medicaid Program to Provide Outpatient Physical Therapy (OPT) and/or Speech Pathology Services (OSP)- Initial and Extension Site Requests (CMS-381)

Reference Number:

202406-0938-004

Omb Control Number:

0938-0273

Agency:

HHS/CMS

Received:

2024-06-12

Concluded:

2024-07-31

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
Request for Certification in the Medicare and/or Medicaid Program to Provide Outpatient Physical Therapy (OPT) and/or Speech Pathology Services (OSP)- Initial and Extension Site Requests (CMS-381)

Key Information

Abstract

As a result of recent certification process changes (Admin Info 22-02), CMS is revising the Form CMS-381 to streamline the certification processes for initial enrollment of an OPT/OSP. The Form CMS 381 is revised to reflect previous information on the Form CMS 1856 (which will be discontinued) and updated information for Medicare providers of Outpatient Physical Therapy and Speech Pathology Services (OPT) providing services at additional locations in addition to their Medicare approved primary site. These additional locations are called “extension locations” and must be reported by the provider and approved by CMS. Form CMS-381 provides a method for OPT providers to meet this reporting requirement. The revised form will be used for initial enrollment and requests for extension locations/sites.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Presidential Action:

-

Title:

FERC-725A, Mandatory Reliability Standards for the Bulk-Power System (RD24-1)

Reference Number:

202406-1902-003

Omb Control Number:

1902-0244

Agency:

FERC

Received:

2024-06-12

Concluded:

2024-07-26

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
FERC-725A, Mandatory Reliability Standards for the Bulk-Power System (RD24-1)

Key Information

Abstract

The FERC 725A contains the TOP standards that pertain to operation planning for transmission providers. The North American Electric Reliability Organization (NERC) proposed updating the TOP-002-4 standard to TOP-002-5 to ensure that transmission operators and balancing authorities maintain an extreme cold weather operating plan. In Docket No. RD24-1-000, FERC approved the NERC submitted Reliability Standard which triggers the update within the FERC-725A. In this update, the Reliability Standard TOP-002-4 is being replaced with version TOP-002-5 that will supersede requirements in TOP-002-4. The change in this revision pertains to the additional requirement 8 which specifies that transmission operators and balancing authorities maintain evidence that they have an extreme cold weather plan.

Federal Register Notices

60-Day FRN
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30-Day FRN
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Authorizing Statutes

16 USC 824o
View Law

Presidential Action:

-

Title:

Concrete and Masonry Construction Standard (29 CFR part 1926, subpart Q)

Reference Number:

202405-1218-010

Omb Control Number:

1218-0095

Agency:

DOL/OSHA

Received:

2024-06-12

Concluded:

2024-07-19

Action:

Approved without change

Status:

Active

Request Type:

Extension without change of a currently approved collection
Concrete and Masonry Construction Standard (29 CFR part 1926, subpart Q)

Key Information

Abstract

Construction firms engaged in the erection of concrete formwork are required to post warning signs/barriers in accordance with 29 CFR 1926.701(c)(2) to reduce exposure of non-essential employees to the hazards of post-tensioning operations. Paragraphs 29 CFR 1926.702(a)(2), (j)(1), and (j)(2) are general lockout/tagout measures to protect workers from injury associated with equipment and machinery. Paragraph 29 CFR 1926.703(a)(2) requires employers make available drawings or plans for jack layout, formwork, working decks and scaffolds. Paragraph 1926.705(b) requires employers to mark the rated capacity of jacks and lifting units.

Federal Register Notices

60-Day FRN
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30-Day FRN
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Authorizing Statutes

29 USC 657
View Law
29 USC 651
View Law

Presidential Action:

-

Title:

Department of Veterans Affairs (VA) Acquisition Regulation Section 832.202-4 Security for Government Financing

Reference Number:

202403-2900-010

Omb Control Number:

2900-0688

Agency:

VA

Received:

2024-06-12

Concluded:

2024-07-15

Action:

Approved with change

Status:

Active

Request Type:

Revision of a currently approved collection
Department of Veterans Affairs (VA) Acquisition Regulation Section 832.202-4 Security for Government Financing

Key Information

Abstract

To comply with 41 U.S.C. 4505 requiring the Government to obtain adequate security for Government financing, VA Acquisition Regulation (VAAR) 832.202-4, Security for Government Financing specifies the type of information that the contracting officer may obtain to determine whether or not the offeror’s financial condition constitutes adequate security. The information that is gathered under 832.202-4 will be used by the VA contracting officer to assess whether or not the contractor’s overall financial condition represents adequate security to warrant paying the contractor in advance.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Authorizing Statutes

41 USC 4505
View Law

Presidential Action:

-

Title:

Prohibited Persons Questionnaire- ATF Form 8620.57

Reference Number:

202406-1140-003

Omb Control Number:

1140-0114

Agency:

DOJ/ATF

Received:

2024-06-11

Concluded:

2024-09-10

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
Prohibited Persons Questionnaire- ATF Form 8620.57

Key Information

Abstract

The Prohibited Persons Questionnaire - ATF Form 8620.57 will be used to determine if a candidate for Federal or contractor employment at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), is prohibited from possessing or receiving firearms or explosives as described in 18 U.S.C. 922(g) or (n), and/or 18 U.S.C. 842(i).

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Presidential Action:

-

Title:

Licensing Questionnaire - ATF Form 8620.44

Reference Number:

202406-1140-002

Omb Control Number:

1140-0113

Agency:

DOJ/ATF

Received:

2024-06-11

Concluded:

2024-09-10

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
Licensing Questionnaire - ATF Form 8620.44

Key Information

Abstract

The Licensing Questionnaire (ATF F 8620.44) is used to determine if a candidate for federal or contractor employment at the Bureau of Alcohol, Tobacco, Firearms and Explosives, or his/her spouse or minor child, holds a financial interest in the alcohol, tobacco, firearms and/or explosives regulated industries, which may be in conflict with 5 C.F.R. 3801, Supplemental Standards of Ethical Conduct for Employees of the Department of Justice.

Federal Register Notices

60-Day FRN
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30-Day FRN
View Notice

Presidential Action:

-

Title:

SF-424D - HUD NOFOs

Reference Number:

202406-2501-002CF

Omb Control Number:

4040-0009

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Active

Request Type:

RCF New
SF-424D - HUD NOFOs

Key Information

Presidential Action:

-

Title:

Project Abstract - HUD NOFOs

Reference Number:

202406-2501-006CF

Omb Control Number:

4040-0019

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Historical Active

Request Type:

RCF New
Project Abstract - HUD NOFOs

Key Information

Presidential Action:

-

Title:

Application to Register as an Importer of U.S. Munitions List (USMIL) Import List Articles

Reference Number:

202406-1140-001

Omb Control Number:

1140-0009

Agency:

DOJ/ATF

Received:

2024-06-11

Concluded:

2024-09-10

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
Application to Register as an Importer of U.S. Munitions List (USMIL) Import List Articles

Key Information

Abstract

The information on ATF Form 4587 (5330.4) is used to register an individual or company as an importer of U.S. Munitions Import List Articles.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Presidential Action:

-

Title:

SF-LLL and Lobbying form - HUD NOFOs

Reference Number:

202406-2501-005CF

Omb Control Number:

4040-0013

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Active

Request Type:

RCF New
SF-LLL and Lobbying form - HUD NOFOs

Key Information

Presidential Action:

-

Title:

SF-424A - HUD NOFOs

Reference Number:

202406-2501-003CF

Omb Control Number:

4040-0006

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Active

Request Type:

RCF New
SF-424A - HUD NOFOs

Key Information

Presidential Action:

-

Title:

Residency and Citizenship Questionnaire

Reference Number:

202406-1140-004

Omb Control Number:

1140-0115

Agency:

DOJ/ATF

Received:

2024-06-11

Concluded:

2024-09-10

Action:

Approved without change

Status:

Active

Request Type:

Revision of a currently approved collection
Residency and Citizenship Questionnaire

Key Information

Abstract

The Residency and Citizenship Questionnaire (ATF F 8620.58) is used to collect personally identifiable information (PII), to begin the eligibility determination process for granting a candidate (respondent) access to ATF information, IT systems, and/or unescorted access to ATF facilities. This collection gathers information to determine whether the respondent meets the Department of Justice's residency and citizenship/foreign national requirements.

Federal Register Notices

60-Day FRN
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30-Day FRN
View Notice

Presidential Action:

-

Title:

Reaffirmation Agreement

Reference Number:

202404-1845-001

Omb Control Number:

1845-0133

Agency:

ED/FSA

Received:

2024-06-11

Concluded:

2024-09-25

Action:

Approved without change

Status:

Active

Request Type:

Extension without change of a currently approved collection
Reaffirmation Agreement

Key Information

Abstract

The Higher Education Act of 1965, as amended (HEA), established the Federal Family Education Loan (FFEL) Program, and the William D. Ford Federal Direct Loan (Direct Loan) Program under Title IV, Parts B and D respectively. The HEA provides for a maximum loan amount that a borrower can receive per year and in total. If a borrower receives more than the maximum amount, the borrower becomes ineligible for further Title IV aid (including Federal Pell Grants, Federal Supplemental Educational Opportunity Grants, Federal Work-Study, and Teacher Education Assistance for Higher Education (TEACH) Grants, Iraq and Afghanistan Service Grants) unless the borrower repays the excess amount or agrees to repay the excess amount according to the terms and conditions of the promissory note that the borrower signed. Agreeing to repay the excess amount according to the terms and conditions of the promissory note that the borrower signed is called reaffirmation, which is the subject of this collection. This renewal without change of the information collection is necessary for the Department of Education (the Department), as a holder of some FFEL Program loans and all Direct Loans, and all FFEL Program lenders to capture the borrowers formal agreement to repay any excess amount of FFEL or Direct Loan program loans that the borrower received according to the terms and conditions of the promissory note the borrower signed. The form has not been changed since its last update.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Authorizing Statutes

20 USC 1078-8
View Law

Presidential Action:

-

Title:

SF-424C - HUD NOFOs

Reference Number:

202406-2501-004CF

Omb Control Number:

4040-0008

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Active

Request Type:

RCF New
SF-424C - HUD NOFOs

Key Information

Presidential Action:

-

Title:

Upward Bound (UB) Upward Bound Math Science (UBMS) Annual Performance Report

Reference Number:

202406-1840-001

Omb Control Number:

1840-0831

Agency:

ED/OPE

Received:

2024-06-11

Concluded:

2024-06-24

Action:

Approved without change

Status:

Active

Request Type:

No material or nonsubstantive change to a currently approved collection
Upward Bound (UB) Upward Bound Math Science (UBMS) Annual Performance Report

Key Information

Abstract

The proposed revision to the APR entails adding additional options to Section 1, Part A, #9 addressing questions about project summer service, and Section 2, #28 addressing student participation during summer period. In the 2023-24 performance period, 38 out of 1,265 projects transitioned to a one-time 15-month performance period, covering two summers.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Authorizing Statutes

Pub.L. 105 - 110 402A-C
View Law

Presidential Action:

-

Title:

EDA Indigenous Communities Information Collection Instrument

Reference Number:

202406-0610-001

Omb Control Number:

0610-0112

Agency:

DOC/EDA

Received:

2024-06-11

Concluded:

2024-08-01

Action:

Approved without change

Status:

Active

Request Type:

New collection (Request for a new OMB Control Number)
EDA Indigenous Communities Information Collection Instrument

Key Information

Abstract

To effectively administer and monitor its economic development assistance programs, EDA collects certain information from applications for, and recipients of, EDA investment assistance. Under the EDA American Rescue Plan (ARP) Act Statewide Planning, Research, and Networks, and Economic Development Research and Evaluation (R&E) and National Technical Assistance (NTA) programs, award recipients are required to submit identified program metrics and information to ensure that EDA development investments made in Indigenous communities are evidence-based and data-driven, and accountable to participants and the public. EDA will require information from EDA applicants of projects that are Indigenous or Indigenous serving from 2019-2023. This collection instrument will provide more granular information on the progress, obstacles, and lessons learned from the ongoing projects. The data collected, and the tools created will help inform economic development practices at EDA, paving the way for future programming.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Presidential Action:

-

Title:

SF424B - HUD NOFOs

Reference Number:

202406-2501-001CF

Omb Control Number:

4040-0007

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Historical Active

Request Type:

RCF New
SF424B - HUD NOFOs

Key Information

Presidential Action:

-

Title:

Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (Final Rule)

Reference Number:

202406-2040-002

Omb Control Number:

2040-0310

Agency:

EPA/OW

Received:

2024-06-11

Concluded:

2024-07-30

Action:

Approved without change

Status:

Active

Request Type:

New collection (Request for a new OMB Control Number)
Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (Final Rule)

Key Information

Abstract

EPA is finalizing several new reporting and recordkeeping requirements or changes as part of the final rule. First, to implement the final rules subcategories, under CWA sections 304(i) and 308, this final rule includes changes to the individual reporting and recordkeeping requirements of section 423.19. In particular, EPA is adding an additional component to the annual progress reports under the subcategory for EGUs permanently ceasing coal combustion. EPA is adding reporting and recordkeeping requirements to facilitate evaluation of CRL discharges through groundwater. Second, to increase transparency for impacted communities, EPA requiring all steam electric plants subject to the reporting and recordkeeping requirements of 423.19(d)(k) to post this reporting and recordkeeping information to a public-facing website.

Federal Register Notices

60-Day FRN
View Notice

Authorizing Statutes

33 USC 1311
View Law
33 USC 1314
View Law
33 USC 1342
View Law
33 USC 1361
View Law
33 USC 1316-1318
View Law
33 USC 1251
View Law
42 USC 13101 et seq
View Law

Presidential Action:

-

Title:

International Resource Information System (IRIS)

Reference Number:

202403-1840-006

Omb Control Number:

1840-0759

Agency:

ED/OPE

Received:

2024-06-11

Concluded:

2024-07-22

Action:

Approved without change

Status:

Active

Request Type:

Extension without change of a currently approved collection
International Resource Information System (IRIS)

Key Information

Abstract

Information Resource Information System (IRIS) is an online performance reporting system for grantees of International and Foreign Language Education (IFLE) programs. The site also allows for IFLE program officers to process overseas language requests, travel authorization requests, and grant activation requests. IRIS keeps a record of these requests and also of Foreign Language and Area Studies (FLAS) Fellowship recipients and grantee performance reports. This is a request for an extension of IRIS, which will permit the continued collection of project and program performance data for IFLE programs: (1) American Overseas Research Centers (AORC), (2) Business and International Education (BIE), (3) Centers for International Business Education (CIBE), (4) Foreign Language and Area Studies (FLAS) Fellowships, (5) Institute for International Public Policy (IIPP), (6) International Research and Studies (IRS), (7) Language Resource Centers (LRC), (8) National Resource Centers (NRC), (9) Technological Innovation and Cooperation for Foreign Information Access (TICFIA), (10) Undergraduate International Studies and Foreign Language (UISFL), (11) Fulbright-Hays Doctoral Dissertation Research Abroad Program (DDRA), (12) Fulbright-Hays Faculty Research Abroad (FRA), (13) Fulbright-Hays Group Projects Abroad (GPA), and (14) Fulbright-Hays Seminars Abroad (SA).

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Authorizing Statutes

20 USC 1121-1131
View Law
22 USC 2452(b)(6)
View Law

Presidential Action:

-

Title:

SF424 - HUD NOFOs

Reference Number:

202405-2501-003CF

Omb Control Number:

4040-0004

Agency:

HUD/HUDSEC

Received:

2024-06-11

Concluded:

2024-06-17

Action:

Approved without change

Status:

Active

Request Type:

RCF New
SF424 - HUD NOFOs

Key Information

Presidential Action:

-

Title:

Disclosure of State Rating Requirements Notice (CMS-10454)

Reference Number:

202405-0938-023

Omb Control Number:

0938-1258

Agency:

HHS/CMS

Received:

2024-06-10

Concluded:

2024-07-24

Action:

Approved without change

Status:

Active

Request Type:

Extension without change of a currently approved collection
Disclosure of State Rating Requirements Notice (CMS-10454)

Key Information

Abstract

The final rule "Patient Protection and Affordable Care Act; Health Insurance Market Rules; Rate Review" implements sections 2701, 2702, and 2703 of the Public Health Service Act (PHS Act), as added and amended by the Affordable Care Act, and sections 1302(e) and 1312(c) of the Affordable Care Act. The rule directs that states submit to CMS certain information about state rating and risk pooling requirements for their individual and small group markets, as applicable. Specifically, states will inform CMS of age rating ratios that are narrower than 3:1 for adults; tobacco use rating ratios that are narrower than 1.5:1; a state-established uniform age curve; geographic rating areas; whether premiums in the small group market are required to be based on average enrollee amounts; and, in states with pure community rating, uniform family tier structures and corresponding multipliers. In addition, states that elect to merge their individual and small group market risk pools into a combined pool will notify CMS of such election. This information will allow CMS to determine whether state-specific rules apply or Federal default rules apply. It will also support the accuracy of the federal risk adjustment methodology.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Authorizing Statutes

Pub.L. 111 - 148 1201
View Law
42 USC 300
View Law
Pub.L. 111 - 148 1562
View Law
Pub.L. 111 - 148 1312
View Law

Presidential Action:

-

Title:

Reserve Component Health Coverage Request

Reference Number:

202405-0720-003

Omb Control Number:

0720-0081

Agency:

DOD/DODOASHA

Received:

2024-06-10

Concluded:

2024-07-12

Action:

Approved without change

Status:

Active

Request Type:

Existing collection in use without an OMB Control Number
Reserve Component Health Coverage Request

Key Information

Abstract

DD Form 2896-1 “Reserve Component Health Coverage Request” is used by certain Reserve Component members and retired members to purchase or make changes to coverage under the TRICARE Reserve Select and TRICARE Retired Reserve (TRR) health plan. Please see 32 CFR 199.24(c) and 199.25(b) for a list of eligible beneficiaries. Eligible beneficiaries can complete this form using the online Beneficiary Web Enrollment (BWE) portal. Although the online BWE portal submission option is available, some beneficiaries will prefer using the physical form to document their enrollment date and preferences.

Federal Register Notices

60-Day FRN
View Notice
30-Day FRN
View Notice

Authorizing Statutes

10 USC 1076d
View Law
10 USC 1076e
View Law

Presidential Action:

-

Title:

Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (Final Rule)

Reference Number:

202405-2040-002

Omb Control Number:

2040-0309

Agency:

EPA/OW

Received:

2024-06-10

Concluded:

2024-08-09

Action:

Approved without change

Status:

Active

Request Type:

New collection (Request for a new OMB Control Number)
Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (Final Rule)

Key Information

Abstract

Under the Clean Water Act (CWA), states and authorized Tribes (i.e., Tribes with authority to administer a CWA water quality standards program in the same manner as states) establish water quality standards (WQS) for waters of the United States under their jurisdiction. Many federally recognized Tribes hold rights to CWA-protected aquatic and aquatic-dependent resources through treaties, statutes, or executive orders, in waters of the U.S. subject to state WQS. This rule establishes a framework for how Tribal reserved rights, as defined in this final rule, must be considered in establishing WQS. This rule requires that if a right holder asserts a Tribal reserved right in writing to a state and the EPA for consideration in establishment of WQS, the state must, to the extent supported by available data and information: 1) take into consideration the use and value of its waters for protecting the Tribal reserved right in adopting or revising designated uses; 2) take into consideration the anticipated future exercise of the Tribal reserved right unsuppressed by water quality in establishing relevant WQS; and 3) establish water quality criteria to protect the Tribal reserved right where the state has adopted designated uses that either expressly incorporate protection of or encompass the right. The current WQS regulation at 40 CFR Part 131 requires states and authorized Tribes to include supporting information to accompany WQS submissions to help the EPA determine whether the submitted new and revised WQS are consistent with the CWA. The rule adds two new requirements to 40 CFR Part 131: 1) the rule adds a condition that right holders must assert their rights in writing before their rights can be considered for protection by the rule; and 2) where applicable, state and authorized Tribal WQS submissions must provide any information provided by right holders about relevant Tribal reserved rights and documentation of how that information was considered; and data and methods used to develop the water quality standards. This ICR provides estimates of burden and cost to all federally recognized Tribes asserting reserved rights and to states and authorized Tribes with WQS to implement new collection requirements in the rule.

Federal Register Notices

60-Day FRN
View Notice

Authorizing Statutes

40 USC 1313c
View Law

Presidential Action:

-
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