10 CFR 9, Public Records and NRC Form 509

OMB Control No: 3150-0043	ICR Reference No: 201410-3150-002
Status: Historical Active	Previous ICR Reference No: 201110-3150-002
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 9, Public Records and NRC Form 509
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/12/2014
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/09/2014
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2017	36 Months From Approved	12/31/2014
Responses	6,970	0	3,870
Time Burden (Hours)	1,968	0	1,042
Cost Burden (Dollars)	0	0	0

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Abstract: Part 9 of Title 10 of the Code of Federal Regulations (10 CFR), prescribes procedures for individuals making requests for records under the FOIA or PA, and through the PDR. 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 552a Name of Law: The Privacy Act of 1974, as amended    US Code: 5 USC 552 Name of Law: The Freedom of Information Act

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:
	79 FR 60187	07/21/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 42376	10/06/2014
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; NRC Form 509A 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	6,970	3,870	0	0	3,100	0
Annual Time Burden (Hours)	1,968	1,042	0	0	926	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: No

Burden Reduction Due to:

Short Statement: The burden has increased by 925.6 hours, from 1042.5 hours to 1,968.1 hours. Burden estimates are based on annual averages over the past three years. The primary reason for the increase is an increase in the number of requests for public access to records in the Public Document Room under 9.23(a)(1) following the events at the Fukushima Daiichi plant, which increased from 3,275 requests and 818.75 hours to 6,351 requests and 1,587.75 hours (an increase of 2,640 requests and 789 hours). The change in burden for all other Part 9 requirements combined is an increase of 136.6 hours. The largest increase was for the Submitter objection for disclosure, which has increased by 140 hours. Burden for some requirements decreased. The largest decrease was for fee waiver requests submitted with a FOIA request under 9.41(a) and (b). The largest decrease is attributed to a decrease in the number of fee waiver requests submitted with a FOIA request. The estimated number of fee waiver requests has decreased from 63 to 35. At an estimated .5 hours per request, this represents a decrease of 14 hours. In addition, the fee rate has increased from $259 to $272.

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Annual Cost to Federal Government: $4,092,566

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Mark Graff 301 415-8154

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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: 10/09/2014

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