ML18173A197

OMB 3150-0052, Draft Supporting Statement NRC Form 790 Classification Record

ML18173A197
Person / Time
Issue date:	11/01/2018
From:	NRC/OCIO
To:
Sam Bazian 415-1504
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ML18173A159	List: ML18173A197
References
OMB 3150-0052
Download: ML18173A197 (5)

Text

DRAFT SUPPORTING STATEMENT FOR NRC FORM 790 CLASSIFICATION RECORD (3150-0052)

REVISION Description of the Information Collection The U.S. Nuclear Regulatory Commission (NRC) Form 790, Classification Record, is completed by an NRC licensee, licensees contractor, or certificate holder delegated classification or declassification authority. The submission of the data contained on the NRC Form 790 is required each time an authorized classifier makes a classification determination to classify, declassify, or downgrade a document.

The information contained on the completed form includes specific information which identifies the document being classified, declassified, or downgraded, as well as specific information describing the status (e.g, original or derivative classification, the reason for the declassification review, or future action) of the classified document. This information is needed to comply with E.O. 13526, Classified National Security Information, effective June 25, 2010 and enables NRC to conduct assessments of classification or declassification determinations made by those officials specifically authorized to make such determinations and to prepare accurate input for a report to the President. Additionally, this information is required for employees, contractors, licensees, licensees contractors, certificate holders, and persons that fall within the scope of Title 10 of the Code of Federal Regulations (CFR) Part 95 to comply with the rule.

This reporting requirement currently affects two NRC licensees that are permitted to use, process, store, and reproduce, transmit, or otherwise handle NRC classified information.

The respondents complete the form and may provide it by email or in hard copy format. Once the information is submitted, it is entered into the Classification Management Action (CMA)

System.

JUSTIFICATION

1. Need for the Collection of Information Under E.O. 13526, the National Archives Director of the Information Security Oversight Office (ISOO) is responsible for overseeing the NRCs actions to ensure compliance with the Order and the associated implementing directives.

In fulfilling this oversight function and in accordance with the authorities outlined in E.O. 13526, the Director of ISOO requires agencies, to include the NRC, to report statistics related to its security classification program on an annual basis.

The NRC Form 790 is the means by which the NRC collects this data from its employees, contractors, licensees, licensees contractors, certificate holders, and persons that fall within the scope of Title 10 of the Code of Federal Regulations (CFR) Part 95 or NRC Management Directive (MD) 12.2, NRC Classified Information Security Program. Failure to complete this form would preclude NRC from meeting its expected classification and declassification reporting

responsibilities prescribed by ISOO and from evaluating classification and declassification actions during appraisals, inspections and audits.

2. Agency Use and Practical Utility of Information The completed NRC Form 790 is submitted to the NRC and the data provided on the form is subsequently entered into the CMS database. The data is then tabulated, stored, and as needed, a report is produced. This report is used by the NRC to keep track of classification and declassification decisions made by authorized officials. Statistical data from this report is provided to ISOO pursuant to their responsibilities under E.O. 13526. This data is used by NRC during inspections, appraisals, and audits of the affected facilities or persons.

3. Reduction of Burden Through Information Technology There are no legal obstacles to reducing the burden associated with the information collection. The NRC encourages respondents to use information technology when it is beneficial to them. The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submittal of documents to the NRC. Electronic transmission and submittal of documents can be accomplished via the following avenues: the Electronic Information Exchange (EIE) process, which is available from the NRC's Electronic Submittals Web page, by Optical Storage Media (OSM) (e.g.

CD-ROM, DVD), by facsimile or by e-mail.

Licensees choose the method of submission they prefer, either by email or hard copy. The affected licensees and licensees contractors complete the form electronically approximately 75 percent of the time.

4. Effort to Identify Duplication and Use Similar Information No sources of similar information are available. There is no duplication of requirements.

5. Effort to Reduce Small Business Burden Not applicable.

6. Consequences to Federal Program or Policy Activities if the Collection is not Conducted or is Conducted Less Frequency A data entry is made when a classification or declassification action occurs. It is not possible to have less frequent collection without eliminating the requirement completely. In that case, NRC would not have the information necessary to evaluate the Information Security Program at the facility, which would negatively impact NRCs responsibility to ensure the proper protection of classified information and compliance with E.O. 13526 requirements and statutory requirements.

7. Circumstances Which Justify Variation from OMB Guidelines Not applicable.

8. Consultations Outside of the NRC Opportunity for public comment on the information collection requirements for this clearance package was published In the Federal Register.

9. Payment or Gift to Respondents Not applicable.

10. Confidentiality of the Information Confidential and proprietary information is protected in accordance with 10 CFR 9.17(a) and 10 CFR 2.390 (b). However, no information normally considered confidential or proprietary is requested.

11. Justification for Sensitive Questions Not applicable.

12. Estimated Burden and Burden Hour Cost Approximately, 500 responses are anticipated on an annual basis. Although licensees are not required to submit hard copies of the form, burden estimates account for the time to submit hard copies, as some licensees prefer to follow-up with a hard copy submission. The estimated burden is calculated as follows:

(500 responses per year x 5 minutes to complete each form = 41.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />) x $275 per hour = $11,440 (30 minutes to prepare the package of hard copies of the form each month x 12 months x 2 respondents = 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />) x $275 per hour = $3,300 Total burden = 53.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> (41.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> to submit each form electronically + 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> to submit hard copies). Burden per form = 53.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> / 500 responses = 6 minutes per form.

Cost = 53.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> x $275/hr = $14,740 The $275 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2018 (83 FR 29622, June 25, 2018).

13. Estimate of Other Additional Costs The affected licensees may mail hard copies of the completed NRC Form 790 to the NRC for processing on a monthly basis. The annual estimated cost for mailing the package to the NRC on a monthly basis is calculated as follows:

($10 per package x 12 months = $120) x 2 respondents = $240 There are no other additional costs.

14. Estimated Annualized Cost to the Federal Government The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses. The estimated annualized cost to the Federal Government to administer the program and procedures contained in 10 CFR Part 95 or NRC MD 12.2 is $11,440.

This was computed as follows:

Licensees and licensees contractor submissions: (500 responses per year x 5 minutes to process each form = 41.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />) x $275 per hour = $11,440.

The total cost to the Government is $11,440.

15. Reasons for Changes In Burden or Cost The burden decreased from 125 hours0.00145 days <br />0.0347 hours <br />2.066799e-4 weeks <br />4.75625e-5 months <br /> to 41.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />, a change of 83.4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />.

The number of responses decreased from 1,500 to 500.

The reason for the changes in the estimate for the upcoming clearance period is based on recent data and staff experience with the program. The staff attributes the decrease to the lack of new classified information being generated as a result of the maturity of the licensees programs. In addition, the respondent cost increased due to the increase in the fee rate from $268 to $275/hr.

16. Publication for Statistical Use NRC staff tabulates the information contained on the form and provides it to the National Archives and Records Administrations Information Security Oversight Office, as needed. There is no other publication for statistical use.

17. Reason for Not Displaying the Expiration Date The expiration date is displayed on NRC Form 790.

18. Exceptions to the Certification Statement Not applicable.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in this collection of information.