ML20210S782

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Request for OMB Review & Supporting Statement Re 10CFR9, Public Records. Estimated Respondent Burden Is 3,459 H
ML20210S782
Person / Time
Issue date: 08/16/1999
From: Shelton B
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
Shared Package
ML20210S756 List:
References
OMB-3150-0043, NUDOCS 9908180199
Download: ML20210S782 (8)


Text

FAPhKWORK HbuUGilON AGI SUdggff g f

fg l r

Please read the instructions befor] completing this form. For additiorni forms or dsifnde in'compliting thtf form, cont:ct your agency's P;perwork Cle:r;nce Officer. Sind two copils cf this form, th3 coll:ction instrument to b's rzvi w;d, th3 Supportin' Stit: ment, cnd cny additirnri documIntition to: Offim cf inf;rm:tirn cnd Rrgulttiry Affilrs, Offica cf g

Management and Budget, Docket Library, Room 10102,72517th Street NW, Washington, DC 20503.

1 Agency / Subagency onginating request

2. OMB control number U.S. Nuclear Regulatory Commission 3150-0043 b.None a

3 Type of information collection (check one)

4. Type of review requested (check one)
a. New collection g
a. Regular
c. Delegated g b. Revision of a currently approved collection
b. Emergency - Approval requested by (date):
c. Extension of a currently approved col lection
5. Willthis information collection have a a Yes significant economic impact on a

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d. Reinstatement, without change, of a previously approved substantial number of small entities?

b.No collection for which approval has expired

o. Reinstatement, with chan of a previously approved J
a. Three years from approval date collection for which approva has expired Requested 6

expiration date

f. Existing collection in use without an OMB control number
b. Other (Specify):
7. Title 10 CFR 9, Public Records
8. Agency form number (s) (if apphcable)

)

N/A

9. Keywords Public Records, Disclosure Law, Freedom of Information
10. Abstract 10 CFR 9 establishes information collection requirements for individuals making requests for records under the i

Freedom ofInformation (FOIA) or Privacy Acts. It also allows individuals to request the waiver or reduction of fees for searching and reproduc ng records in response to FOIA requests.

11. At.ected pubhc tuarnpomary um *P*ams asornen that nowy win x >
12. Obhgation to respond (Mark pnmary utn *P* and all otners that apply wth 'X')

Y

a. Individuals or households d Farms T

a Voluntary T

b. Business or other for-profit
e. Federal Govemment T
b. Required to obtain or retain benefits i

T

c. Not.for-profit institutions T
f. State Local or Tnbal Govemment
c. Mandatory
13. Annual reporting and recordkeeping hour Durden 14 Annual reporting and recordkeeping cost burden on tnovumrs crosarsi I3.656 a Total annuahzed capital /startup costs
a. Number of respondents 13.656 b Total annual costs (O&M)
b. Total annual responses
1. Percentage of these responses
c. Total annuahzed cost requested collected lectronically 0.()

d ummwm

c. Total annual hours requested 3.459
e. Difference
d. Current OMB inventory 3.539 f Explanation of diffsrence
e. Difference 439)
1. Program change
f. Explanation of difference
2. Adjustment
1. Program change
2. Adjustment (80)
15. Purpose of information collectron 16 Fregt.ency of recordkeeping or reporting scheck att that apply)

(Mark pnmary wath *P' and all others tnal apply woth "X~)

a Recordkeep;ng

b. Third. party disclosure T
a. Application for benefits
e. Program planning or management 7
c. Reporting

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b. Program evaluation f Research

-7 2 Weekly

]

3 Monthly

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ston

c. General purpose stat:stics g Regulatory or comphance 4 Quarterly 5 Sems. annually 6 Annually
d. Audit 7 Biennially 8 Other (describe)
17. Statistical methods 18 Agency contact (person wno can best answer nuestions regartring the Does this information collection employ statistical methods?

Name Russel A. Powell Yes No 301-415-6527 l

Phone OMB 83-1 1ms to=.as an9e unne inF orms 10/95 1

9908100199 990816 l

PDR ORG EUSOMB PDR

19.C:rtifirtion for P perwork Reducti:n Act Subminci:na On beh lf of this Federal agency, I certify that the collection ofinformation encompassed by this request complies with

~ $ CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8 (b)(3), appear at the end of the instructions. The certification is to be made with reference to those regulatoryprovisions as setforth in the instructions.

The following is a summary of the topics, regarding the proposed collection ofinformationcthat 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 terminology 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):

(i)

Why the information is being collected; (ii) Use ofinformation; (iii) Burden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v)- Nature of 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 (see note in Item 19 of the instructions);

(i) It uses effective and efficient statistical survey methodology; and (j) It makes appropriate use ofir. formation technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Sqnature of Authonzed Agency Official Date

_,,$s natute of Senior I or f'

Date C

,i1'

<///r 7

nda Jo. $helton MC C se Officer. Offee of the Chief information Officer M

y OMS 83-1 10/95 I

i SUPPORTING STATEMENT l

10 CFR PART 9, PUBLIC RECORDS (3150-0043)

REVISION TO THE EXTENSION REQUEST

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Descriotion of the information Collection NRC is requesting the extension of a previously approved information collection requirement.

The information collection burden estimate is being adjusted to reflect current data on the number of information requests received from the public.

10 CFR Part 9, Public Records: Subpart A (Freedom of Information Act regulations) prescribes i

the procedures under which NRC records are made 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 access to, and request correction of NRC records concerning themselves.

A.

JUSTlFICATION 1.

Need for and Practical Utility of the Collection of Information.

The Freedom of information Act (FO' T),5 U.S.C. 552, and the imp!ementing regulations,10 CFR Part 9, require ira. duals seeking access to records under the FOIA and Privacy Act to submit a requess. writing and to describe the records sought sufficient for the NRC to conduct a reasonable search. The statute and regulations authorize NRC to charge fees for processing requests under the Acts and to consider requests for fee waivers under certain conditions. The statute and regulations also allow individuals to request expedited processing of their requests if properly justified.

10 CFR 9.23(a)(l) requires a person to request access to records maintained in the Public Document Room (PDR) by coming in person, or by writing and describing the record sought in sufficient detail to enable the PDR to locate the record.

10 CFR 9.23(b) requires a person seeking access to NRC records under the FOIA, other than those already made publicly available in the PDR, to write to NRC and describe the records sought in sufficient detail to permit NRC to identify the requested agency records.

10 CFR 9.25(e) permits a person to request expedited processing of his or her request with proper justification. The subsection waw codified as part of a final rule, Electronic Freedom of Information Act: Implementation," published January 1999. The burden was captured at that time.

1

)-

E 10 CFR 9.29(a) requires a person wishing to appeal the denial of a FOIA request to submit the appeal in writing to the appropriate appellate authority within NRC.

10 CFR 9.40(g) requires those requesters that are notified that fees will be assessed for processing their request to notify the NRC in writing of their agreement to pay the fees, or to submit a request for a waiver or reduction of fees.

10 CFR 9.41(b) requires those requesters that ask for a waiver or reduction of fees to address each of the eight criteria for determining whether to grant a fee waiver or reduction.

10 CFR 9.53(b) requires an individual seeking access to or amendment of records under the Privacy Act, other than in person, to write to NRC.

10 CFR 9.54(a) (1) establishes the requirements for a person making a written request under the Privacy Act for access to or amendment of his/her records to establish his/her identity.

10 CFR 9.54(b) permits a person to establish his/her identity when making a Privacy Act request for records about himself/herself by providing a notarized statement swearing to his/her identity.

10 CFR 9.54(c) permits a person to establish his/her status as the parent or guardian when making a request for records about a minor or a person determined to be legally incompetent by providing a birth certificate or court order establishing guardianship.

10 CFR 9.55(a) (1) requires a person seeking ioccrds under the Privacy Act to describe the record in a way that will enable NRC to conduct a search for the records.

10 CFR 9.55(a) (2) requires a pr won seeking correction or amendment of records under the Privacy Act to identify the particular record, specify the nature of the correction or amendment, and to justify the correction or amendment.

10 CFR 9.65(b) permits individuals denied access to a record to appeal the denial by submitting a request in writing to the appropriate NRC appeal authority for a review of that determination.

10 CFR 9.66(b) permits individuals denied amendment or correction of a record to appeal the denial by submitting a request in writing to the appropriate NRC appeal authority for a review of that determination.

10 CFR 9.67(a) permits individuals receiving a final adverse determination on a Privacy Act appeal of a denial of a rcquest to amend or correct a record to submit a written

" Statement of Disagreement" to be filed with the disputed record.

2.

Acency Use of Information.

Respondents reauest records at their convenience. The information required by 9.23(a)

(1), 9.23(b), 9.25(ej, 9.53(b), 9.54(a) (1), 9.54(b), 9.54(c), 9.55(a) (1), and 9.55(a) (2) is 2

I 1

9p provided by the respondent at the time the request is made to the NRC. Under 9.40 (g),

the NRr' requires that requests for waivers of fees (9.41) be forwarded to NRC within 10 working days after receipt of the NRC notice that fees will be assessed. Under Subparts j

A and B, the information is used to process requests from the public and to keep NRC statistics.

3.

Reduction of Burden Throuah information Technoloav.

Requests which are not for personal records that require verification of identity of the i

requester are being accepted by electronic mail and facsimile transmission in addition to mail and in-person written request. It is anticipated that no more than one percent of all requests will be submitted electronically.

4.

E.itort to identifv Duotication and Use Similar Information.

There is no duplication and there is no way to use similar information, as each request is unique to the requester.

5.

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.

6.

Conseauences to Federal Proaram or Policy Activities if the Collection is Not Conducted j

or is Conducted Less Freauentiv.

The program could not be conducted without the public submitting their requests for j

information each time information is sought that is not already publicly available.

7.

Circumstances Which Justifv Variation from OMB Guidelines.

The NRC is in compliance with OMB Guidelines.

8.

. Consultations Outside the NRC.

An invitation to comment on the proposed information collection requirements was published in the Federal Reaister on May 18,1999 (64 FRN 27013), no comments were received.

9.

Pavment or Gift to Respondents.

Not applicable.

10.

Confidentiality of information.

Information released under 9.53 is made available only to the requester and is not made publicly available.

3

3 1

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h 11.

Justification for Sensitive Questions.

Not applicable.

12.

Estimated Burden and Burden Hour Cost.

The total cost to the public is approximately $484,190 annually. This is based on the total public burden of 13,656 responses requiring a total of 3459 hours0.04 days <br />0.961 hours <br />0.00572 weeks <br />0.00132 months <br /> at $140/ hour (the same rate as the Government) for labor and postage.

j No. of Total Hours Per Burden Cost to CFH Part Respondents Responses Request Hours Public j

9.23(a)(1) 13000 13000 0.25 3250

$455,000 9.23(b) 500 500 0.25 125

$17,500 9.25(e) 3 3

0.50 1.5

$210 9.29(a) 20 20 1

20

$2,800 9.40(g) 100 100 0.1 10

$1,400 9.41(b) 5 5

3 15

$2,100 9.53(b) 10 10 0.2 2

$280 9.54(a)(1) 1 1

0.5 0.5

$70 l

9.54(b) 10 10 3

30

$4,200 9.54(c) 0 0

0.5 0

$0 9.55(a)(1) 5 5

' 0.5 2.5

$350 9.55(a)(2) 0 0

1 0

$0 9.65(b) 2 2

1 2

$280 l

9.66(b) 0 0

1 0

$0 9.67(a) 0 0

3 0

$0 TOTALS 13656 13656 15.8 3458.5

$484,190 13.

Estimate of Other Additional Costs.

There are no other additional costs.

14.

Estimated Annualized Cost to the Federal Government.

4 L__m

b The estimated annual burden to the NRC is 1,381 NRC staff hours at $140/ hour for labor costs.

Total Hours Per NRC Staff CFR Part Responses Request Hours Cost to NRC I

9.23(a)(1) 13000 0.10 1300

$182,000 9.23(b) 500 0.10 50

$7,000 j

9.25(e) 3 0.10 0.3

$42 9.29(a) 20 1

20

$2,800 9.40(g) 100 0.02 2

$280 9.41(b) 5 0.3 1.5

$210 9.53(b) 10 0.1 1

$140 l

9.54(a)(1) 10 0.1 1

$140 9.54(b) 10 0.1 1

$140 9.54(c) 0 0.5 0

SO 9.55(a)(1) 5 0.5 2.5

$350 i

9.55(a)(2) 0 1

0

$0 9.65(b) '

2 1

2

$280 9.66(b) 0 1

0

$0 9.67(a) 0 3

0

$0 TOTALS 13665 8.92 1381.3

$193,382 1

15. Reasons for Chanaes in Burden or Cost.

The change in the burden is due to tne use of the most current statistical data in re-estimating annual responses. There are several subsections where the number of responses and hence the burden have been changed to current conditions. The change in cost is based on use of a new hourly cost rate along with the changes in the burden.

16.

Publication for Statistical Use.

Not applicable.

17.

Reason for Not Disolavina the Expiration Date.

5

F The requirement will be contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication, could become out of date would confuse the public.

18.

Exceptions to the Certification Statement.

Not applicable.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.

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