10 CFR 9, Public Records and NRC Form 509

OMB Control No: 3150-0043	ICR Reference No: 200808-3150-001
Status: Historical Active	Previous ICR Reference No: 200509-3150-002
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 9, Public Records and NRC Form 509
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/03/2008
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/11/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	36 Months From Approved	10/31/2008
Responses	212	0	7,987
Time Burden (Hours)	167	0	2,120
Cost Burden (Dollars)	0	0	0

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Abstract: 10 CFR Part 9 prescribes procedures for individuals making requests for records under the Freedom of Information Act (FOIA) or Privacy Act (PA). It contains information collection requirements for requests to waive or reduce fees for searching for and reproducing records in response to FOIA requests; appeals of denied requests; and requests for expedited processing. The information required from the public is necessary to justify requests for waivers or reductions in searching or copying fees; or to justify expedited processing. Section 9.28(b) provides that if the submitter of information designated to be trade secrets or confidential commercial or financial information objects to the disclosure, he must provide a written statement within 30 days that specifies all grounds why the information is a trade secret or commercial or financial information that is privileged or confidential.

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Authorizing Statute(s): US Code: 5 USC 552 Name of Law: The Freedom of Information Act    US Code: 5 USC 552a Name of Law: The Privacy Act of 1974, as amended

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 31151	05/30/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 47982	08/15/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name 10 CFR 9 Public Records and NRC Form 509 NRC Form 509 Statement of Estimated Fees for Freedom of Information Act (FOIA) Request

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	212	7,987	0	-7,775	0	0
Annual Time Burden (Hours)	167	2,120	0	-1,953	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The overall burden has decreased from 2,119.5 to 167 hours (a decrease of 1,952.5 hours). Based on a review of the past 3 years of data the NRC has made two burden adjustments: 1) A decrease in the number of respondents for Section 9.25(e) (requests for expedited processing) from 30 to 23 which resulted in a burden decrease of 3.5 hours from 15 to 11.5 hours and 2) an increase in the number of respondents for Section 9.41(b) (requests for reduction or waiver of fees) from 60 to 67, which resulted in a burden increase of 3.5 hours from 30 to 33.5. In addition, the NRC reviewed the requirements under 10 CFR Part 9 in conjunction with the Implementing Guidance for OMB Review of Agency Information Collection (Draft issued 1999). A review of these documents suggested that some of the requirements previously included under this clearance number should not have been submitted as information collections, and are actually exempt from requirements under the Paperwork Reduction Act (PRA). The first set of requirements that the NRC believes are exempt from PRA requirements are: Public access to records in the Public Document Room, Requests for Agency records under the FOIA, and Privacy Act requests. According to the OMB Guidance document, these requirements are exempt from the PRA because they are: “ disclosures that require persons to provide or display only facts necessary to identify themselves, e.g., ‘they entail no burden other than that necessary to identify the respondent, the date, the respondent’s address, and the nature of the instrument.’ ‘Nature of the instrument’ refers to a respondent’s request for materials, such as publications or other information from an agency. To facilitate such requests for information from an agency, and agency may ask requesters to describe the material or information sought in detail sufficient to describe the individual desires.” In short, these regulations simply require requestors to identify themselves and the information that they are seeking. As a result, NRC does not consider these regulations to constitute an information collection, and has removed their burden from this submission. The second set of requirements that the NRC believes are exempt from the PRA are the identifying documents required for Privacy Act requests. This includes Identification for Privacy Act requests, the Notarized statement (submitted in lieu of documents supporting the requestor’s identity), and Documents verifying parentage of guardianship. These items fall under the exemption for certifications, which “Identify an individual in a routine, non-intrusive, non-burdensome way.” These three identification methods do not substitute for a collection of information, and are the minimum required for the NRC to verify an individual’s identity for the purpose of processing a Privacy Act request. The NRC has removed from the total burden the hours associated with these requirements, for a total reduction of 1,952.5 hours.

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Annual Cost to Federal Government: $23,324

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Donna Sealing 3014155804 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that 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 language 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) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and 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.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 09/11/2008

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