ML20034A909

Request for OMB Review & Supporting Statement Re 10CFR9, Public Records. Estimated Respondent Burden Is 247 H

ML20034A909
Person / Time
Issue date:	04/17/1990
From:	Amenta J NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-0043, OMB-3150-43, NUDOCS 9004250050
Download: ML20034A909 (8)

Text

. -

.A,

H' DRBI (RIGIEur

$=a'd'hs3 Request for 0MB Rgdag^ d BF i

cI (dev Septemoer 1983{

- Important Read instructions before completing form. Do not use the same SF 83 Send three copies of this form, the material to be reviewed, and for to request both an Executive Order 12291 review and approval under paperwork-three copies of the supportmg statement, to:

the Paperwork Reduction Act.

. Answer all questions in Part 1. If this request is for review under E,0.

Office of Information and Regulatory Atfairs 12291, complete Part 11 and sign the regulatory certification. If this Office of Management and Budget requist is for approval under the Paperwork Reduction Act and S CFR Attention: Docket Library, Room 3201 '

1320. skip Part II, complete Part 111 and sign the paperwork certification.

Washington, DC 20503 PART I,-Complete This Part for All Requests.

1. Department /*gency and Dureau/ office ong:nating request 2, Agency code U.S. Nuclear Regulatory Commission.

3 i l--

5 0'

3. NIme of person who can best answer questions regarding this request Telephone number Sarah:N. Wigginton

( 301 ) 492-7752 4, "fitle of information Collection or rulemaking 10 CFR-Part 9, Public Records

+

5. Legal authority f or information confection or ruie (cite linrted States Code, Pubhc Law. or becutive Orcer) 5 use _552 and 552a.or

6. AffIcted pubhc(check allthatapply) s O rederaiagenci,.oremployees I @ :ndividualsorhouseholds 3 C Farms 6 O Non profit mst tutions 2 O Stateorlocalgovernments 4 CC Businesses or other for profit 7 0 smaiibusines.. or organizations PART ll.-Complete This Part Only if the Request is for OMB Review Under Executive Order 12291

~

7. Regulation identifier Number (RIN)

_ _ _ _ ~ _ _ _ _, or, None assigned O r

8. Type of suomission tcheck one in each category)

Type of review requested l

Classification Stage of development 10 Standard l

1 C Major 10 Proposedordraft 2 U Pending e-2 O Nonmaior 2 O Finalorintenmfinal,withpoorproposal 3 0 Emergency 3 0 rinai or intenm finai. witnout pnot proposai 4 0 statutoryoraudiciaideadhne

9. CFR section attected CFR

10. Does this regubtion contain reporting or recordkeeping requirements that require OMB approvat under the Paperwork Reduction Act and 5 CFR 1320?

. C Yes O No i

1

11. If a maior rule,is there a regulatoryimpact analysis attached?

1 O Yes 2 No if"No," did OMB waive the ana:ysis?

3 0 Yes 4 O No C rtification for Regulatory Submissions in submitting this request for OMB review, the autnonzed regulatory contact and the program official certify that the requirements of E.O.12291 and any applicable oohey d'rectives have been comphed with.

Signature of program otticial Date Signature of authorizeo regulatory contact 004250050 900417 FDR ORG EUSOME4 Date s

PDC

12. (OhfB use only)

Previous editionwowiete 83-t 08 standard Form 83(Rev 9 83)

NsN 754o oo 634 ao34 l /

Prescribed t6y OMe 5 CFR 1320and 00.12291' 1(

PART lli.-Compl:te This Part only if the Request is for Approval of a Collection of Inform ti:n Under the Paperwork Red"ction Act and 5 CFR 1320.

s 1s. Abstract--oescribe needs.usesand atfectedpubhcin 50wordsories' (Public Records, ' disclosure law, ~ freedom of information) 10 CFR Part 9 establishes information collection requirements for individuals making requests for records under the Privacy or Freedom of Information Acts, and in response to subpoenas or demands'of courts.

It also contains requests to waive or reduce fees for searching for and reproducing NRC records in response to FOIA requests.

} 4. Typs of information collectio1 (checsi only one)

Information collections not containedin rules 1 O Regu'ar submisvor:

2 O Emergency submission (certificetion strached) -

liformation collections contained in rules

~ 2 @ bst. Alation(no change proposed) 6 Final or intenm final without pnor NPRM

7. Enter date of expected or actual feoerai:

' 4 O Notice of proposed rulemaking(NPRM)

A O Regular submission Register pubhcation at this stage of rulemaking 5 0 rinal. NPRM was previously pubkshed B O Emergency submission (certifiestion attached)

(month, day, year)

15. Typs of review reouested (check only one) l O New couectior, 4 O Reinstatement of a previously approved collectioit for which pproval i

s 2 @ Revision of a currently approved coHection has expired 3 C Extension of the enDiration cate of a currently approved collectron 5 O Existing conection in use without en oMB controi number without any ct ange in the substance or en the method of collection 1G. Agency report form number (s)(include standard / optional form number (s))

22. Purpose of information co!\\ection (Check as many as appi))

1 O Apphcation for benefits 2 O Programevaluation

17. Annual reporting or disclosure burcen 3 0 ceneraipurposestatistics A27 4 O Regulatoryorcomphance 1 Number of respondents,

i 2 Nurnber of responses per responcent 1

5 O Program pianning or management 3 Total annual responses (Ime 1 times hne 2) 227 6 O Researen 4 Hours per response 1.09 7 O Audit i

5 Totat hours (hne 3 tomes kne 4) 247

18. Annualrecordkeeping burden

23. Frequency of recordkeeping or reporting (Check all that apply) 1 Number of recordkeepers 1 O Recoraxeeping 2 !.nnual hours per recordkeeper.

NePortisig 3 Total recordkeeping hours (hne 1 times hne 2) 2 @ onoccasion 4 Recordkeeping retention penod

~

years 3 0 weekiy -

19. Total annual burden 4 O Monthir 1 Requested (hne 17 5 plus hne 16 3) -

247 5 O quarteriy 2 in current OMB inventory 157.0 6 O semrannuany 3 DiffIrence(kne l less line 2)

+90 7 O Annuany ExpInnation of dlfterence 8 O Biennialty 4 Program change

+90 9 0 otner(descnoe).

5 Adjustment -

20. Current (most recent) oMB controi number or comment number

24. Respondents' obhgation to comply (check the strongest obhgaf ton that appbes) l 3150-0043 1 O voiuntary

21. Requested expiration date 2 O Required to obtain or retain a benefit

! _ 05/31/93 3 O Mandatory

~ 25. Ar: the respondents pnmanly educational agencies or institutions or is the pnmary purpose of the collection related to Federal education programs? O Yes 0 No

26. Does the agency use samphng to select respondents or does the agency recommend or prescribe the use of samphng or statistical analysis g

by respondents?

, O Yes 0 No e

l ~ 2/. Regu!atory authonty for the information conection 10 -- crR 9

or rR

or,other (specify).'

Paperw2rk Certification In submitting this request for oMB approval, the agency head, the senior official or an authorged representative, certifies that the requtrements of 5 CFR 1320, the Privacy Act, statistical standards or directives, and any other apphcable information pokey directives have been comphed with.

Signatura of program of treial Date i

I~

I Sign r3 of a

.cy nead, t 9io' 'Iicial or an author:2ed representative oate f Joyc'

• A nta, DS for esources Mannaamont

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PART lit.-Complete This Part only if the Request is for Approval of a Collection of informatlG'n Under the Paperw2rk Reduction Act and 5 CFR 1320.

.l 1s. Abstreet--onense n.eds.umandatteetedpuoieinsowardiorie" (Public Records, disclosure law, freedom of information) 10 CFR Part 9 establishes information collection requirements for individuals making requests for records under the-Privacy or Freedom of Information Acts, and in response to subpoenas or demands of courts.

It also contains requests to waive or reduce fees for.

searching for and reproducing NRC records in response to FOIA requests.

) 4. Vype Sf infortnation colie:tio+ (et'eca onty one) lliermeteen teNectione Isot contained in rules 1 C Regular submisser.

2 O Emergency submission (certif#cationattached)

Information ceNections containedin rules 3 @ Existmg regulation (no chenge proposed) 6 Final or intenm final without pnor NPRM

7. Enter cate of expected or actual Feoeral '

A O Notice of proposed rulemaking(NPRM)

A C Regularsubmission Register pubhcation at this stage of rulemaking

. 5 O rinat. NPRM was previously pubbsned D C Emergency submission (certifscation attached)

(rnonth, day, year)

15. Vype of review reauested (check only one) 1 O New coii.ction 4 O Resnstatement of a previously approved conection for which approval has u pred

{

a @ Revision of a currentiy approved collection 3 O E, tension of ine e=oiration aate of a currentir.p9,oved coiiect on 5 O Existing cohection m use witnout an oMB controi number 3

without any ceange n tne substance or m tne method of collection

16. Agency report form numCtr(s)(onclude standard / optional form number (s))

22. Purpose of informatson conection (Check as rnany as apply) 13 Apolecation for benefits f

2 O Program evaluation

17. Annual reportmg ce disclosure bureen 3 C Generalpurpose statistics A27 4 O Regulatoryorcomphance 1 Number of respondents.

2 Number of responses per responcent 1

5 O Program pianning or management 3 Total annual responses (hne J fimes fine 2) 227 6 O Research 4 Hours per respor.se 1.09 7 C Audit 5 Total hours (kne 3 t>mes ime 4) 247 1g. Annuairecordkeepmgburoen

23. Frequency of recordkeeping or reporting (check all that apply) 1 Number of recordkeepers 1 O Recordmoepmg 8 Annual hours per recordkeeper, ReportJng 3 Total recordkeeping hours (line 1 times hne 2) 2 @ onoccasion i

4 Recordkeeping retention penod years 3 O weekiy d

19.Votal annual burden 4 O Moniniy 1 Coquested(itne 17 5 plus hne 18J).

247 5 O quarteriy S in current oMB mventory 157.0 6 O semiannuany 3 Difference (hne 1less hne 2)

+90 7 O Annuany Drydenatfen of difference 8 C BienniaHy

+90 9 0 otner(desenbe):

4 Program change 5 Adjustinent.

- 20. Current (most recent) oMB control number or comment number

24. Respondents' obhgation to comply (check the strongest obigatson that apphes) 3150-0043 1 @ voiuntary

21. Requested expiration date 2 O Required to obtain or retain a benefit 05/31/93 3 O Mandatory 25, Are the respondents primenly educationalagencies or institutions or is the pnmary purpose of the collection related to Federaleducation programs? O Yes @ No

26. Does the agency use samphng to select respondents or does the agency recommend or prescnbe the use of samphng or statistical analysis

. C Yes E No.

' by respondents?

e.

27. Regulatory outnority for the information conecten 10 CFR S

or FR

or,other (specify);

Paperwerk Certification in submittmg this request for oMB aporoval, the agency head, the senior official or an authorized representative, certifies that the requirements of 5 CFR 1320. the Privacy Act. statistical standards or directives, and any other appheable information pohey directives have been comphed with.

Signature of program official Date l ! Sig Wreof cy need, ths3n icial or an autnonzed representative

(> ate, /:;/7 f6._

F a

)Joyc ta, DS for Inf r tion Resour ces Mannaamant

'dD'hDM47. 453-776 e

't i

OMB SUPPORTING STATEMENT FOR'10 CFR PART 9, PUBLIC RECORDS Description of the Information Collection 10 CFR Part 9, Public Records:

SubpartA(FreedomofInformationAct regulations) prescribes the procedures under which NRC records are'made 3

available to the public for inspection and copying pursuant to the provisions.

[

of the Freedom of Information Act (5 U.S.C. 552).

Subpart B (Privacy Act regulations) implements the provisions of section 3 of the Privacy Act of 1974-(5 U.S.C. 552a) with respect to the procedures by which individuals may determine the existence of, seek accesc.to, and request correction of NRC records concerning'themselves.

)

A.

JUSTIFICATION 1.

Need for the Collection of Information. The Freedom of Information Act (FOIA) (5 U.S.C. 552) and the implementing regulations, 10 CFR Part 9,'of t

the NRC authorize NRC to charge-certain individuals and organizations making-requests for information under the FOIA a fee for searching for and producing l

copies of NRC records in response to a request.

10 CFR 9.40(g) requires a requester, within 10 days of receipt of NRC's-1 notice that fees will be assessed, to notify NRC either to agree to pay the L

. fees or to submit a request for a waiver or reduction of fees under 10 CFR 9.41.

10 CFR 9.41(b) requires that in making a request for waiver or' reduc-tion of fees, the requester shall provide certain information that will enable NRC to determine whether to grant the request.

This information includes statements concerning the intended use of the information, extent to which the 1

requester will extract and analyze-the substantive content of the' agency _

record, nature of the specific activity or research in which the agency record-will be used, specific qualifications the requester possesses to utilfre.

j information for its intended use so that it will contribute to public under-standing, impact on the public's understanding compared to the~1evel of-understanding of the subject existing prior to disclosure, size and nature of the public to whose understanding a contribution will be made, means of intended dissemination to the general public, if public access-to the information will be provided free of charge, and any_ commercial or private interest or benefits of 4

the requested information to the requester.

This information is then evaluated by the NRC's Director, Division of Freedom of Information and Publications Services, who decides whether-or not to waive or reduce the fees. When fees'_

are to be assessed, a requester is required under 59.40(g) to notify-the.NRC in writing that he or she agrees to bear the estimated costs, make an advance J

pyment (69.40(d)), or submit a request under 69.41 for a waiver or reduction of fees. The NRC, under 69.41(c), will reduce or waive fees ~if the-information contained in the requester's initial submittal under-69.23(b) indicates-that disclosure of the information would be in the public interest because it would be likely to contribute significantly to public understanding of the operations or activities of the Government and not in the commercial' interest of the requester.

~!

10 CFR 9.29(a) allows a requester who has been denied a waiver or reduction of fees under 69.41(e) to appeal that denial.

10 CFR 9.54(a)(1) allows'an individual making a written request for a record about himself or herself to establish his or her identity by a signa-ture, address, date of birth, employee identification number, if any, and one other item of identification, such as a driver's license or other document.

2

i This provides proof that the individual' requesting the-record it entitled to that record.

It assures that an individual will not be provided records about another_ person under the guise of being-that person.

10 CFR 9.54(c) requires, in order to establish a requester's status as a parent or guardian.of a minor and in addition to the requirements of 69.54(a)(1), that the individual. provide a copy of'the minor's birth certi--

ficate, showing parentage, or provide a copy of a court ' order establishing guardianship. This provides. proof that'the requester is legally responsible for the individual whose-records are being requested and is entitled to those records.

10 CFR 9.55(a)(1) requires that when requesting a record, the requester, insofar as practical, provide the following information: nature of the record, approximate dates covered by the record, the privacy Act system of records in' l

which the record is included, system manager having custody of_the_ record-system. This information allows the NRC to identify quickly and accurately _

the requested record, thereby reducing Government cost while providing faster.

service to the public.

10 CFR 9.55(a)(2) requires that an individual, when requesting a correction or amendment of records, specify the particular record involved, state the nature of the correction or amendment sought, and furnish 1

justification for the correction or amendment.

10 CFR 9.66(b) allows an individual, whose request for amendment or correction'of a record has been refused under 69.66(a)(3), to appeal that refusal and request a final review and determination..

2.

Agency Use of Information. Respondents request records at their convenience. The information required by 669.54(a)(1-), 9.54(c), 9.55(a)(1),

and 9.55(a)(2) is provided by the respondent at the time the request is 1

t I

1 3

(

f made to:the NRC. Under 99.40(g), the.NRC-requires that requests for waivers.

l of fees (59.41) be forwarded to NRC within-10' working days'after receipt of' the NRC notice that fees will be assessed. Under. Subparts:A'and B, the information is used to process requetts from the public and.to k'eep NRC l

s statistics.

[

3.

Reduction of Burden Through Information Technology. The nature of the request (by-an individual on a.one-time basis)' precludes the use of new-I r

technology, 4.

Effort to Identify Duplication _.

There is no duplication.

Each; request is unique to the requester.-

5.

Effort to Use Similar Information.

There is no way to use similar i

information, as each request is unique to the requester.

6.

Effort to Reduce Small Business-Burden. The request is made on a one-time basis, and thus would have virtually no impact on small business since most of the requesters are individuals who are acting in a_ personal capacity.

7.

Consequences of Less Frequent Collection. Not applicable.

8.

Circumstances Which Justify Variation from OMB Guidelines. The NRC is in compliance with OMB Guidelines.

l 9.

Consultations Outside the NRC.

The proposed rule amending 10 CFR-Part 9 (which revised Subpart A to reflect the Freedom of Information Reform Act of 1986 including, among other things, revisions to the fee schedules)'was-published for public comment on August 6, 1987 (52 FR 29196).

Six letters of comment were received by the NRC, some of which led to changes.in the rule.

The final rule was published on December 31, 1987 (52 FR 49350) and became effective on February 1, 1988.

10. Confidentiality of Information.

Information released under-559.54 and 9.55 is made available only-to the requester and is not made publicly available 4

11. Justification for Sensitive' Questions. There is no sensitive l-question asked.

12.

Estimated Annualized Cost to the Federal Government.

The total cost to the NRC is 551 NRC staff hours times $95/ hour for labor costs or $52,345.00 annually (see-theaccompanyingchart)..

Total Burden Hours /

NRC Staff Cost to Responses Request /NRC Hours:

NRC-9.29(a) 35 8

280-

$26,600.00 9.40(g) 150 1

150 c 14,250. 00 -.

9.41(b) 10 8

80 7,600.00 9.54(a)(1) 10 1

10 950.00' 9.54(c) 10 1

10 950.00 9.55(a)(1) 10 1

10-950.00-9.55(a)(2) 1 1-1 95.00 9.66(b) 1 10 10-950.00 TOTALS 551

$52,345;00 i

l

'l

..l 5

l

i

(

j 13.

Estimate of Burden, f

L The total cost'to the public is 247 hours0.00286 days <br />0.0686 hours <br />4.083995e-4 weeks <br />9.39835e-5 months <br /> times $95/ hour for labor / postage costs of $23,465.00 annually.(seethea'ccompanyingchart).

No. of Submittals/; Total Burden Hrs / Tot. Burden-Costs-i Respondents Respondents. Responses Request Hours-Responds.

9.29(a) 35 1

35 1

35

$ 3,325.00 9.40(g) 150 1

150 1

150 14,250.00 9.41(b) 10 1

. 10 3

30 2,850.00-

}

9.54(c)(1) 10 1

10.

I 10 950,00

-r 9.54(c) 10 1

10 1

10 950.00 9.55(a)(1) 10 1

10 1

10 950.00 9.55(a)(2) 1 1

1 1

1 95.00 9.66(b) 1 1

1 1

1' 95.00' TOTALS

-247-

$23,465.00 14.

Reasons for Change in Burden.

The change _inzthe burden is due;to the implementation of Subpart A, as discussed under' item number nine.

15.

Publication for Statistical Use.

Internally, the NRC publishes a Weekly Information Report containing a section entitled "Significant-FOIA Requests Received." A summary of Privacy Act activities is compiled annually for the Office of Management and Budget.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS-Not applicable.

6

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