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.
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
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
respondents address, and the nature of the instrument. Nature of
the instrument refers to a respondents 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 requestors 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 individuals 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.
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:
(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;
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.
Form NRC Form 509 10 CFR 9 Public Records and NRC Form 509
Requirements under 10 CFR 9.pdf
10 CFR 9 Public Records and NRC Form 509