10 CFR 9, Public Records and NRC Forms 509 and 507

OMB Control No: 3150-0043	ICR Reference No: 202408-3150-008
Status: Received in OIRA	Previous ICR Reference No: 202103-3150-005
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 9, Public Records and NRC Forms 509 and 507
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/29/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2024
Responses	628	3,803
Time Burden (Hours)	181	1,146
Cost Burden (Dollars)	0	0

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Abstract: The FOIA, 5 U.S.C. 552, and the implementing regulations, part 9 of title 10 of the Code of Federal Regulations (10 CFR), “Public Records,” require individuals seeking access to records under the FOIA and Privacy Act of 1974, as amended, 5 U.S.C. § 552a, to submit a request in writing and to describe the records sought sufficiently for the NRC to conduct a reasonable search. The Privacy Act of 1974, as amended, 5 U.S.C. § 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by Federal agencies. Specifically, Subpart B (Privacy Act regulations) implements the provisions of the Privacy Act of 1974, as amended, (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. Requesters can currently submit FOIA and/or Privacy Act requests in writing, fax, email, https://www.foia.gov or by using the Public Access Link (https://foia.nrc-gateway.gov/app/Home.aspx). NRC Form 509, “Statement of Estimated Fees for Freedom of Information Act (FOIA) Request” is used by: 1) the NRC to notify requesters that fees will be assessed for processing their FOIA requests, 2) the requester to notify NRC in writing of their agreement to pay fees, 3) the NRC to notify the requester to submit a written request for a waiver pursuant to 10 CFR 9.41 within 10 working days from the receipt of the notice, and 4) the NRC to notify the requester to provide advanced payment of estimated fees. NRC Form 507, “Identity Verification and/or Third-Party Authorization for Freedom of Information Act/ Privacy Act Requests,” is used by requesters to provide the identity verification or third-party authorization that is needed by the NRC in order to process their requests. The NRC uses the information provided by requesters to process requests from the public. In addition, outside vendors and licensees can submit an objection to disclosure. The NRC needs this information to properly process FOIA requests that involve confidential information or trade secrets.

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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:
	89 FR 37267	05/06/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 70211	08/29/2024
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 Forms 509 and 507 NRC Form 507, n/a, NRC Form 509 FOIA Online Request Form ,   Statement of Estimated Fees for Freedom of Information Act (FOIA) Request ,   Identity Verification and/or Third-Party Authorization for Freedom of Information Act/Privacy Act Requests

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ICR Summary of Burden

	Total Request	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	628	3,803	0	0	-3,175	0
Annual Time Burden (Hours)	181	1,146	0	0	-965	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: Overall, the burden has decreased by 965.3 hours from 1,145.8 hours to 180.5 hours, and the number of expected responses decreased by 3,175 responses, from 3,803 to 628. In developing the estimates for the current submission, the staff queried the FOIA case management software and produced a report summarizing the FOIA requests from the past three full fiscal years. The data used in this renewal is based on actual annual averages over this time period with the assumption that the NRC will see a 10 percent increase in the number of FOIA requests over the next three years. The estimated number of respondents in has decreased from 3,803 to 273, a decrease of 3,530. Previous submittals overestimated the number of respondents for several of the parts of the rule including the requests for records and the fees agreement (NRC Form 509). This overestimation has been corrected by using better historical data than was previously available and an update to the methodology used to calculate the number of respondents that eliminates duplication and ensures the estimate is annualized. The estimated number of respondents in this submission accurately reflects the historical data and is consistent with data provided to the Department of Justice on NRC FOIA requests. In this renewal, the burden for NRC Form 507, “Identify Verification and/or Third-Party Authorization for Freedom of Information/Privacy Act Requests” has been broken out into a separate line item on the burden table to increase transparency and accuracy. In previous submissions, the burden for this item was included in the overall burden for FOIA and PA requests. Finally, the fee rate has increased from $279 to $300.

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Annual Cost to Federal Government: $3,050,120

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

Agency Contact: Alecia Sillah 301 415-7000

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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: 08/29/2024

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