ML20211M425

Request for OMB Review & Supporting Statement Re 10CFR9 Concerning Public Records.Estimated Respondent Burden Is 67 H

ML20211M425
Person / Time
Issue date:	02/24/1987
From:	Norry P NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
OMB-3150-0043, OMB-3150-43, NUDOCS 8702270284
Download: ML20211M425 (8)

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w. Ne m e, nm importInt Read mstructions t* fore cornamting form Do not use the sanie SF 83 Send three copies of this form. the material to be reviewed, and for to request both an Executive Order 12291 review and aoproval under paperwork--three copies of the supporting statemerit, to-the Paperwork Reduction Act Answer all questions in Part 1. If this request es for review under E.O Office of information and Regulatory Af fairs 12291. complete Part 11 and sign the regulatory certification. If this Office of Management and Budget request is for approval under the Paperwork Reduction Act and 5 CFR Attention: Docket Library. Room 3201 1320, skip Part II. complete Part 111 and sign the paperwork certification. Washington, DC 20503 PART 1.-Complete This Part for All Requests.

1. Department / agency and Bureau /of fice originating request 2. Agencycode U.S. Nuclear Regulatory Commission 3 1 5 0

3. N me of person who can best answer quest.ons regarding this request Telephone number

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, 4. Title of information collection or rulemaung 10 CFR 9, Public Records

5. Legal s uthority for informatson coliettion or tule (cite united States Code. Pubhc law. or Enecutwe Order) 5 usc _552 _and 552a .or

6. Affected pubhc (check all that apply) 5 0 rederaiagenciesorempioyees 1 3 Ind.viduals rc households 3 0 rarms e O Non profitinstitutions 2 O stateoriocaigovernments 4 2 Businessesoreiner for-prof i t 7 0 smari businesses or organizations PART ll.-Complete This Part Only if the Request is for OMB Review Under Executive Order 12291

7. Reguttion identifier Number (RIN)

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_ _ _ _ ~ _ _ _ _ _ _ . or. None assigned O S. Type os subm.ssson (crieck one in each category) Type of review requested Classification Stage of development 1 O standard 1 O Major i O proposed or draft 2 O Pending 2 O Nonmajor 2 O Finalorintenm final.uth priorp<oposal 3 0 Emergency 3 0 Final or interim final, without pnor proposal- 4 0 statutoryorsudiciaideadane

9. CFR s:.ction affected CFR

10. Does this regulation contain reporting or recordkeeping recu remerts that require OMB approval under the Paperwork Reduction Act End 5 CFR 1320? - O ves u No

11. lf a major rute rs there a regufatory impact analysis attached? 1 O Yes 2 O No

!f"No." did OMB waive the ana'ysis) 3 0 ves 4 O No Certificttion for Regulatory Submissions in submitting this request for OMB review, the author. fed regulatory contact and the program official certify that the requtrements of E O 12291 and any applicable policy directives have been comp!:ed with.

signature of rogram official Date ssnature of author.re a regulatory contact 84 870224 j EUsong i2. (oaf 8 use only) PDR Przw.ous ea tes otw+te 81108 standard 8 NSN /s40 00 r.34 an34 ,, r O 5 CFR 1320and F 0 IM41

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b ART lil.-Campl;ta This Put Only if the Rsquast is for Approval of a Collection ,

cf Infirmiti:n Unnir the P:p;rw:rk RIduction Act and 5 CFR 1320. _ l oescnbe need ("Public records, disclosure 1aw, freedom of )

23. weiacYo in rma ti on . h fses ano af fected put hc in 50 words o, iess Part 9 established information collection requirements for individuals making requests for records under the Privacy or Freedom of Information Acts, and in response to sub-poenas or demands of courts. It also contains requests to waive or reduce fees for

_ s arching for and reproducing _NRC records in response to F0IA requ_ests.

14. Type of information coHection (check only one)

Information collections not contoinedin rules i O Regular submission 2 O Emergency submission (certificationattached)

Information collections contained in rules 3 QU Existing regulation (no change proposed) 6 final or intenm final without pnor NPRM 7. Enter date of espected or actual Federal 4 0 Notice of proposed rulemaking(NPRM) A Regular submission Register pubhcation at this stage of rulemaking 5 0 rinai. NeRu was preve,usiy pubhshed e u Emergency submission (cert,t, car,on,ttached) (month. day. year)-

15, Type of reuew requested (checA only one) 1 O New coirection 4 0 Reinstatement of a previously approved collection for which approval has expired 2 @ Revision of a currently approved collection 3 O Exter.sion of tne e piration date of a currentiy approved coiiection s O Existing collection in use without an oMB control number without any change in the substance or in the method of coHection

16. Agency report form number (s)(include standard / optional form number (s)) 22. Purpose of information enitectran (checl ias many as apply) 13 Application for benefits 2 O Program evaiuation

17. Annuti reporting or disclosure burden 3 O Generat purpose statistics gg 1 Number of respondents . 4 0 Regulatoryorcompliance 2 Number of responses per respondent l 5 0 erogram pianning or management 3 Totzt annual responses (Isne 1 times Inne 2) 69 6 0 Researen 4 Hours per response 2.3 7 O Audit 5 Total hours (Isne 3 tomes line 4) ]5l

18. Annuit recordkreping burden 23. Frequency of recordkeeping or reporting (check allthatapply) 1 Number of recordkeepers 1 O Recordkeeping 2 Annual hours per recordkeeper. Reporting 3 Total recordkeeping hours (Isne 1 times line 2) 2 E onoccasion 4 Rrcordkeeping retention penod years 3 0 weeksyt .

19. Tottl annual burden 4 O Montniy 157 1 Requested (line 17 5 plus Irne 18-3) . 5 0 Quarterfy 2 in current oMB inventory 90 6 0 semiannuairy 3 D.ffIrence (lene l less line 2) +67 7 C AnnuaHy Esplanation of difference 8 O Biennially 4 Program change 9 0 otner(descr,oe)-

5 Ad;ustment

20. Currint (most recent) oMB control number or comment number 24. Respondents

• obhgation to comply (chack the strongest obligation that appises) 3150-0043 3 gg votant,,,

21. R2quisted expiration cate 2 O Required to obta.n or retain a benefit 5/ 31/ 90 3 o candato,y

25. Art the respondents pnmanly educational agencies or institutions or is the pnmary purpose of tre coHection related to Federal education programs? Yes O No

26. Does the agency use samphng to select respondents or does the agency recommend or presenbe the use of samphng or statistical analysis by respondents? . O yes 0 No

27. Regulatory authonty for the information conection 10 crR 9  ; or FR  ; or.other (specify):

h perwirk Certification in submitt6ng this request for oMB approvat. the agency head, the senior official or an authonzed representat+ve, cert fres that the requirements of 5 CFR 1320, the Priccy Act. statistical standards or directives. and any other appheable information pohcy directives ha.e ten comphed w th Sur.ature of progeam official Date kra*ure of agency head, the sentor official or an authony d representatne Date Patricia G. Norry, Director Office of Administration b A /*-sn ;2 A f7 C GPO 1%4 0 - 45 b776

OMB SUPPORTING STATEMENT FOR 10 CFR PART 9, PUBLIC RECORDS Description of the Information Collection 10 CFR Part 9, Public Records: Subpart A (Freedom of Information Act regulations) prescribes 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.

Subpart D (Production or Disclosure in response to Subpoenas or Demands of Courts or Other Authorities) sets out procedures to be followed when a i subpoena, order, or other demand for the production of NRC records or disclosure of NRC information is issued by a court or ~other-judicial or quasi-judicial authority in a proceeding (excluding Federal grand jury proceedings) to which the NRC is not a party.

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 the NRC authorize NRC to charge individuals and organizations making requests i

for information under the FOIA a fee for searching for and producing copies of NRC records in response to a request.

10 CFR 9.14a(c) requires that in making a request for waiver or reduction of fees, the requester shall provide certain information that will enable NRC to determine whether to grant the request. This information includes i

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2 statements concerning the intended use of the information, benefits to the public, financial benefits to the requester, and the requester's ability to pay. This information is then evaluated by the NRC's Division of Rules and Records which decides whether or not to waive or reduce the fees.

10 CFR 9.14b(d) allows a requester who has been denied a was eer or reduction of fees under 59.14a(c) to resubmit that request if the receipt of the requested documents materially changed the information originally provided pursuant to $9.14a(c). Once the records are received and reviewed by the {

requester, he/she may find that the original statements submitted pursuant to 69.14a(c)wereincorrect. The ability to be able to resubmit the corrected statements assures that the public is treated fairly by the NRC and that NRC's final decision is based on current and true facts.

10 CFR 9.54(a)(1) allows an individual making a written request for a record about himself/herself to establish his/her identity by a signature, address, date of birth, employee identification number, if any, and one other item of identification, such as a driver's license. This provides proof that the individual requesting the record is 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 that in order to establish a requester's status as a parent or guardian of a minor, that individual must provide a copy of the minor's birth certificate, showing parentage, or must 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 requires that when requesting records, the requester, insofar

3 as practical, provide the following information: nature of record, approximate date of record, the system of records in which the record is incicded, system manager of the records, and other additional requirements that may be contained in the " Notice of Systems of Records" for that system.

This information allows the NRC to quickly and accurately identify the requested records thereby reducing Government cost while providing faster service to the public.

L 10 CFR 9.202(a) requires an individual to immediately notify the General Counsel if a demand is made upon an NRC employee for the production of material or disclosure of information described in 10 CFP, 9.200.

10 CFR 9.202(b)(1)_ requires the submittal of a summary of the testimony desired or a detailed statement by the party seeking the testimony, if oral l testimony is sought by a demand.

10 CFR 9.202(b)(2) requires submittal of a plan from the party seeking discovery of all reasonably forseeable demands.

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

provided by the respondent at the time the record request is made to the NRC.

NRC requires waivers under 999.14a(c) and 9.14b(d) to be forwarded to NRC within 10 working days after receipt of the notice that a request for a waiver or reduction of fees may be made. Under Subparts A and B, the infonnation is used to process requests from the public and to keep NRC statistics. Under Subpart D, the information is used on a case-by-case basis when demands for production or disclosure are made upon NRC employees.

3. Reduction of Burden Through Information Technology. The nature of

4 the request (by an individual on a one-time basis) precludes the use of new 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 information, as each request is unique to the requester.

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

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7. Consequences of Less Frequent Collection. Not applicable.

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

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9. Consultations Outside the NRC. The propos'ed rule amending 10 CFR Part 9 (amending existing sections and adding Subpart D) was published for l public comment on saly 10,1984(49FR28072). Four letters of comment were received by the NRC, seme of which led to changes in the rule. The final rule l

was published on September 17, 1985 (50 FR 37643) and became effective on October 17, 1985.

, 10. Confidentiality of Information. Information released under $59.54 l

l and 9.55 is made available only to the requester and is not made publicly l

available.

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11. Justification for Sen.eitive Questions. There are no sensitive questions asked.

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12. Estimated Annualized Cost to the Federal Government.

The total cost to the NRC is 257 NRC staff hours times $60/ hour for labor costs or $15,420 annually (see the accompanying chart).

Total Rurden Hours / NRC Staff Cost to Responses Request-NRC Hours NRC 9.14a(c) 10 8 80 $4,800 9.14b(d) 10 8 80 4,800 9.54(a)(1) 10 1 10 600 9.54(c) 10 1 10 600 9.55 10 1 10 600 9.202(a) 2 1 2 120 9.202(b)(1) 16 4 64 3,840 9.202(b)(2) 1 1 1 60 TOTALS 257 $15,420

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13. Estimate of Burden.

l The total cost to the public is 157 hours0.00182 days <br />0.0436 hours <br />2.595899e-4 weeks <br />5.97385e-5 months <br /> times $60/ hour for labor / postage costs of $9,420 annually (see the accompanying chart).

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

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{ 9.14a(c) 10 1 10 3 30 $1,800 9.14b(d) 10 1 10 3 30 1,800 9.54(a)(1) 10 1 10 1 10 600 9.54(c) 10 1 10 1 10 600 9.55 10 1 10 1 10 600 9.202(a) 2 1 2 1 2 120 9.202(b)(1) 16 1 16 4 64 3,840 9.202(b)(2) 1 1 1 1 1 60 TOTALS 157 $9,420 k

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14 Reasons for Change in Burden. The change in the burden is due to the implementation of Subpart D, as discussed under item number nine.

15. Publication for Statistical Use. Internally, the NRC publishes a Weekly Information Report summarizing the numbers of F0IA cases received and content of requests, granted cases, and denied cases. A sumary of Privacy Act activity is compiled annually for the Office of Management and Budget.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METH00S Not applicable.

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