Office of Hearings and Appeals Procedural Regulations (43 CFR Part 4)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1094-New SSA OHA Regs RIN 1094-AA57 updated 01102025.docx	Supporting Statement A	Uploaded 2025-01-10	Repair queued
DOI SORN OS-09 Hearings and Appeals Files 09072021 86FR50156.pdf	Supplementary Document	Uploaded 2024-01-09	Repair queued
43 CFR Part 4 as of 01052024.pdf	Supplementary Document	Uploaded 2024-01-09	Available
5 USC 554 APA as of 01052023.pdf	Supplementary Document	Uploaded 2024-01-09	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
264177	Amendment – Appeals 43 CFR part 4 (Electronic) - Government		New
264176	Amendment – Appeals 43 CFR part 4 (Electronic) - Private Sector		New
264175	Amendment – Appeals 43 CFR part 4 (Electronic) - Individuals		New
264174	Amendment – Appeals 43 CFR part 4 (Hardcopy) - Government		New
264173	Amendment – Appeals 43 CFR part 4 (Hardcopy) - Private Sector		New
264172	Amendment – Appeals 43 CFR part 4 (Hardcopy) - Individuals		New
264171	Appeals 43 CFR part 4 (Electronic) - Government		New
264170	Appeals 43 CFR part 4 (Electronic) - Private Sector		New
264168	Appeals 43 CFR part 4 (Electronic) - Individuals		New
264167	Appeals 43 CFR part 4 (Hardcopy) - Government		New
264166	Appeals 43 CFR part 4 (Hardcopy) - Private Sector		New
264165	Appeals 43 CFR part 4 (Hardcopy) - Individuals		New

ICR Details

OMB Control No:	ICR Reference No: 202401-1094-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOI/OHA	Agency Tracking No: RIN 1094-AA57 (Interim Final Rule)
Title: Office of Hearings and Appeals Procedural Regulations (43 CFR Part 4)
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/12/2025
Date Submitted to OIRA: 01/10/2025

table that charts list comparision

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	443	0
Time Burden (Hours)	457	0
Cost Burden (Dollars)	584	0

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Abstract: OHA exercises the delegated authority of the Secretary of the Interior to conduct hearings and decide appeals from decisions of the bureaus and offices of the Department of the Interior (Department, DOI, Interior). OHA’s hearings and appeals provide administrative process to outside litigants by providing an impartial forum and independent review of bureau and office decisions. OHA review ensures that the Department has an opportunity to correct its own administrative errors, final agency decisions are consistent with law, and, if Department decisions are challenged in federal court, those courts receive fully developed administrative records on which to base judicial review of agency actions.

Emergency Justfication: In this interim final rule, OHA will make comprehensive procedural revisions throughout 43 CFR part 4, including additional changes to establish the regulatory framework for electronic filing (including where some appeals are filed), retitling subparts for greater consistency and clarity, consolidating subparts, creating two new subparts, and making the organization of the regulations more logical and concise. Some of the changes will supersede those made in March 2023. While OHA has made language consistent across part 4 where possible, we placed greater emphasis on making the procedures more useable and understandable to those appearing before a particular OHA Unit in a particular type of proceeding.

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Authorizing Statute(s): US Code: 5 USC 554 Name of Law: Administrative Procedures Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1094-AA57	Final or interim final rulemaking	90 FR 2332	01/10/2025

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 2332	01/10/2025
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 12

table that charts list of burden

IC Title	Form No.	Form Name
Amendment – Appeals 43 CFR part 4 (Electronic) - Government
Amendment – Appeals 43 CFR part 4 (Electronic) - Individuals
Amendment – Appeals 43 CFR part 4 (Electronic) - Private Sector
Amendment – Appeals 43 CFR part 4 (Hardcopy) - Government
Amendment – Appeals 43 CFR part 4 (Hardcopy) - Individuals
Amendment – Appeals 43 CFR part 4 (Hardcopy) - Private Sector
Appeals 43 CFR part 4 (Electronic) - Government
Appeals 43 CFR part 4 (Electronic) - Individuals
Appeals 43 CFR part 4 (Electronic) - Private Sector
Appeals 43 CFR part 4 (Hardcopy) - Government
Appeals 43 CFR part 4 (Hardcopy) - Individuals
Appeals 43 CFR part 4 (Hardcopy) - Private Sector

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	443	0	0	443	0	0
Annual Time Burden (Hours)	457	0	0	457	0	0
Annual Cost Burden (Dollars)	584	0	0	584	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for a new OMB control number in conjunction with information collection associated with OHA's interim final rule (RIN 1094-AA57).

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Annual Cost to Federal Government: $333,794

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/10/2025

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