ML20206M659
| ML20206M659 | |
| Person / Time | |
|---|---|
| Issue date: | 05/12/1999 |
| From: | Shelton R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | |
| References | |
| NUDOCS 9905170028 | |
| Download: ML20206M659 (14) | |
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[7590-01-P]
U. S. NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment request AGENCY: U. S. Nuclear Regulatory Commission (NRC)
ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.
SUMMARY
- The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995(44 U.S.C. Chapter 35).
Information pertaining to the requirement to be submitted:
- 1. The title of the information collection: 10 CFR 9, Public Records
- 2. Current OMB approval number: 3150-0043
- 3. How often the collection is required: On occasion gp - 4h C496 I . . 4 4 .
9905170028 990512 PDR ORO EUSOMB PDR i
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., 4. Who is requirId or asked to rrport: Individuals requ2 sting acc:ss to records under the Freedom of Information or Privacy Acts, or to records that are already publicly available in the NRC Public Document Room.
- 5. The number of annual respondents: 13,656
- 6. The number of hours needed annually to complete the requirement or request: 3459
- 7. Abstract: 10 CFR Part 9 establishes information collection requirements for individuals making requests for records under the Freedom of information (FOIA) or Privacy Acts (PA). It also contains requests to j waive or reduce fees for searching for and reproducing records in ,
response to FOlA requests; and requests for expedited processing of j requests. The information required from the public is necessary to identify the records they are requesting; to justify requests for waivers or i I
reductions in searching or copying fees; or to justify expedited processing. l 4
Submit, by (insert date 60 days after publication in the Federal Reaister), comments that address the following questions:
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- 1. Is the proposed collection of information necessary for the NRC to j properly perform its functions? Does the information have practical utility?
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- 2. Is the burden estimate accurate?
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- 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
- 4. How can the burden of the information collection be minimized, including the u'se of automated ,ollection techniques or other forms of information technology?
A copy of the ' draft supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests I are available at the NRC worldwide web site (http://www.nre gov /NRC/PUBLIC/OMB/index.html).
The document will be available on the NRC home page site for 60 days after the signature date of this notice.
Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 F33, Washington, DC 20555-0001, by telephone at 301415-7233, or by Internet electronic mail at BJS1@NRC. GOV.
V Dated at Rockville, Maryland, this / f day of - Iaci 1999.
For the Nuclear Regulatory Commission.
I. . , , . Y, Yo nrendaNo.phelton3NC Ciearance Officer Office of ht, Chief Information Officer l
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- 3. Is there a way to enhance the quality, utility, and clarity of the information
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to be collected?
- 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?
A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, 2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc. gov /NRC/PUBLIC/OMB/index.html).
The document will be available on the NRC home page site for 60 days after the signature date of this notice.
Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 F33, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail at BJS1@NRC. GOV.
Dated at Rockville, Maryland, this day of 1999.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton, NRC Clearance Officer Office of the Chief Information Officer DOCUMENT NAME: C:
To receive e copp of this document, Indicate in the bos: "C' = Copy without attachment / enclosure "E' = Copy with attachment / enclosure 'N' = No copy 0FFICE OCIO/IMD/ISB l OCIO/SMB l NAME RAPowell-l' BSh6/ ten DATE fr4//99 f c Ita
! rh 0FFICIAL RECORD COPY
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- 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
4.- How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?
A copy of the draft supporting statement may be viewed free of charge at the NRC Pub'ic Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc. gov /NRC/PUBLIC/OMB/index.html).
The document will be available on the NRC home page site for 60 days after the signature date of this notice.
Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 F33, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail at BJS1@NRC. GOV.
Dated at Rockville, Maryland, this day of 1999.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton, NRC Clearance Officer Office of the Chief Information Officer DOCUMENT NAME: C: "N" = No copy T* recahre e copy of thle document. Indicate in the bon: "C" = Copy without attachment / enclosure _ 'E' = Copy with attachment / enclosure 0FFICE OCIO/IMD/ISB l OCIO/SMB l t NAME RAPowell-f' BSt4/ ten DATE lr/+//G& Gb nit 0 0FFICIAL RECORD COPY 4 w - 1
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[7590-01-PJ i l
U. S. NUCLEAR REGULATORY COMMISSION
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Agency Information Collection Activities: ' Proposed Collection; Comment request AGENCY: U. S. Nuclear Regulatory Commission (NRC)
- ACTION: Notice of per. ding NRC action to submit an information collection request to OMB and solicitation of public comment.
i
SUMMARY
- ' The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of q
1995 (44 U.S.C. Chapter 35).
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Information pertaining to the requirement to be submitted: -
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- 1. The title of the information collection: 10 CFR 9, Public Records j I
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- 2. Current OMB approval number: 3150-0043 l
- 3. How often the collection is required: On occasion )
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. . . . . . . . . . . . _______U
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- .- 4. Who is r quir:d or asktd to rcport: Individuals requesting access to records under the Freedom of Information or Privacy Acts, or to records
- that are already publicly available in the NRC Public Document Room.
- 5. The number of annual respondents: 13,656
- 6. The number of hours needed annually to complete the requirement or request: 3459
. 7. ' Abstract: 10 CFR Part 9 establishes information collection requirements- l for individuals making requests for records under the Freedom of 4
Information (FOIA) or Privacy Acts (PA). It also contains requests to waive or reduce fees for searching for and reproducing records in response to FOIA requests; and requests for expedited processing of requests. The information required from the public is necessary to identify the records they are requesting; to justify requests for waivers or reductions in searching or copying fees; or to justify expedited processing. l 4
Submit, by'(insert date 60 days after publication in the Federal Reaister), comments that address the following questions:
- 1. Is the proposed collection of information necessary for the NRC to ;
I properly perform its functions? Does the information have practical utility?
I
- 2. Is the burden estimate accurate? i i
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- 3. le there a way to enhance the quality, utility, and clarity of the information to be collected?
- 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?
- A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc. gov /NRC/PUBLIC/OMB/index.html).
The document will be available on the NRC home page site for 60 days after the signature date of this notice.
Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 F33, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail at BJS1@NRC. GOV, V
Dated at Rockville, Maryland, this / f day of /zei 1999.
"J For the Nuclear Regulatory Commission.
O.i ]1 I ~
u grenda\o.phelt'o'n N#C CIearance Officer Office of the Chief Information Officer
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.h DRAFT SUPPORTING STATEMENT 10 CFR PART 9, PUBLIC RECORDS (3150-0043)
REVISION TO THE EXTENSION REQUEST
' Descriotion of the information Collection 1
NRC is requesting the extension of a previously approved information collection requirement.
The information collection burden estimate is being adjusted to reflec' current data on the number of information requests received from the public.
10 CFR Part 9, Fublic 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.
A. JUSTIFICATION
. 1. Need for and Practical Utility of the Collection of Information.
The Freedom of Information Act (FO!A),5 U.S.C. 552, and the implementing regulations,10 CFR Part 9, require individuals seeking access to records under the FOIA and Privacy Act to submit a request in 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 a'so 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 irt 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.
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--. I 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 wain 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) establish 6s 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 records 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 person 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 individualc 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 request to amend or correct a record to submit a written
~ " Statement of Disagreement" to be filed with the disputed record.
, 2. . Aaency Use of Information.
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Respondents request records at their convenience. The information required by 9.23(a)
(1), 9.23(b), 9.25(e), 9.53(b), 9.54(a) (1), 9.54(b), 9.54(c), 9.55(a) (1), and 9.55(a) (2) is
. provided by the respondent at the time the request is made to the NRC. Under 9.40 (g),
the NRC 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 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 <
requester are being accepted by electronic mail and facsimile transmission in addition to )
mail and in-person written request. It is anticipated that nd more than one percent of all requests will be submitted electronically.
- 4. Effort to Identify Duplication 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. . Qonseauences to Federal Proaram or Policy Activities if the Collection is Not Conducted pr is Conducted Less Freauentiv. .
The program could not be conducted without the public submitting their requests for
' information each time information is sought that is not already publicly available.
7, Circumstances Which Justlfy Variation from OMB Guidelines.
The NRC is in compliance with OMB Guidelines.
- 8. - Consultations Outside the NRC.
A notice of pending NRC action and a request for public comment have been submitted to the Federal Reaister.
- 9. Payment or Gift to Respondents.
Not applicable.
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s 10.t ' Confidentiality of Information.-
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' inform'ation released under 9.53 is made available only to the requester and is not made publicly available.
- 11. ' Justif;c, etic,n for Sensitive Questions. ..
Not applicable.
N . '. 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 responaes 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.
No. of Total Hours Per Burden Cost to CFR Part Respondents Responses Request - Hours Public 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 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 4
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- 13.L - ' Estimate of Other Additional Costs. k l'
- There are no other additional costs.
i14. Estimated Annualized Cost to the Federal Government.'
The estimated annual burden to the NRC is 1,381 NRC staff hours at $140/ hour for labor
- costs.
Total . Hours Per NRC Staff Hours CFR Part Responses Request Cost to NRC 9.23(a)(1) - 13000 0.10 1300 $182,000 i
9.23(b) 500 0.10 50 $7,000 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 9.54(a)(1) 10 0.1 1 $140 9.54(b) 10 0.1 1 $140 9.54(c)' ' O 0.5 0 $0 9.55(a)(1) 5 0.5 2.5 $350 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
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.15. Reasons for Chanaes in Burden or Cost.
The change in the burden is due to the use of the most current statistical data in re-estimating annual responses. There are several subsections where the number of responses and hence the burdon 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.
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- 16. Publication for Statistical Use.
- Not applicable.
- 17. Reason for Not Disolavina the Exoiration Date.
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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