(1) the term “agency” means an agency as
defined in section 551(1) of this title;
(2) the term “rule” means any rule for
which the agency publishes a general notice of proposed rulemaking
pursuant to section 553(b) of this title, or any other law, including
any rule of general applicability governing Federal grants to State
and local governments for which the agency provides an opportunity
for notice and public comment, except that the term “rule” does not
include a rule of particular applicability relating to rates, wages,
corporate or financial structures or reorganizations thereof, prices,
facilities, appliances, services, or allowances therefor or to valuations,
costs or accounting, or practices relating to such rates, wages, structures,
prices, appliances, services, or allowances;
(3) the term “small business” has the same
meaning as the term “small business concern” under section 3 of the
Small Business Act, unless an agency, after consultation with the
Office of Advocacy of the Small Business Administration and after
opportunity for public comment, establishes one or more definitions
of such term which are appropriate to the activities of the agency
and publishes such definition(s) in the Federal Register;
(4) the term “small organization”
means any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field, unless an agency establishes,
after opportunity for public comment, one or more definitions of such
term which are appropriate to the activities of the agency and publishes
such definition(s) in the Federal Register;
(5) the term “small governmental jurisdiction”
means governments of cities, counties, towns, townships, villages,
school districts, or special districts, with a population of less
than fifty thousand, unless an agency establishes, after opportunity
for public comment, one or more definitions of such term which are
appropriate to the activities of the agency and which are based on
such factors as location in rural or sparsely populated areas or limited
revenues due to the population of such jurisdiction, and publishes
such definition(s) in the Federal Register;
(6) the term “small entity” shall have
the same meaning as the terms “small business”, “small organization”
and “small governmental jurisdiction” defined in paragraphs (3), (4)
and (5) of this section; and
(7) the term “collection of information”—
(A) means the obtaining, causing to be obtained, soliciting, or requiring
the disclosure to third parties or the public, of facts or opinions
by or for an agency, regardless of form or format, calling for either—
(i) answers to identical questions posed to, or identical reporting
or recordkeeping requirements imposed on, 10 or more persons, other
than agencies, instrumentalities, or employees of the United States;
or
(ii) answers to questions
posed to agencies, instrumentalities, or employees of the United States
which are to be used for general statistical purposes; and
(B) shall not
include a collection of information described under section 3518(c)(1)
of title 44, United States Code.
(8) The term “record-keeping requirement”
means a requirement imposed by an agency on persons to maintain specified
records.
[5 USC 601. As amended
by act of March 24, 1996 (110 Stat. 864).]
