10 CFR 9, Public Records and NRC Form 509

Forms and Documents

Document Name	Status
Form NRC Form 509 10 CFR 9 Public Records and NRC Form 509 Form and Instruction	Modified
10 CFR Part 9 FINAL Supporting Statement.docm Supporting Statement A	2011-10-18

IC Document Collections

IC ID	Document Title	Status
33280	10 CFR 9 Public Records and NRC Form 509 Form and Instruction	Modified

ICR Details

OMB Control No: 3150-0043	ICR Reference No: 201110-3150-002
Status: Historical Active	Previous ICR Reference No: 200808-3150-001
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: 12/01/2011
	Date Received in OIRA: 11/01/2011
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	12/31/2014	36 Months From Approved	11/30/2011
Responses	3,870	0	212
Time Burden (Hours)	1,042	0	167
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 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:
	76 FR 39906	07/07/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 60556	09/29/2011
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	3,870	212	0	3,674	-16	0
Annual Time Burden (Hours)	1,042	167	0	936	-61	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The burden has increased by 875.5 hours, from 167 hours to 1,042.5 hours. The bulk of this increase is due to a change in the sections identified as information collections within 10 CFR Part 9. In the previous renewal of the information collections in 10 CFR Part 9, the burden for the following information collections was removed: • 9.23(a)(1), Public access to records in the Public Document Room • 9.23(b), Requests for agency records under the FOIA • 9.53(a) & (b), Privacy Act requests, how and where presented • 9.54(a)(1), Identification for Privacy Act requests • 9.54(b), Notarized statement (submitted in lieu of documents supporting the requestor's identity) for Privacy Act requests • 9.54(c), Documents verifying parentage or guardianship for Privacy Act requests • 9.55(a)(1), Specification of records sought in Privacy Act request At that time, the NRC evaluated the requirements against the draft implementing guidance issued by OMB in 1999 and determined that these sections do not contain information collections. However, during the present renewal, the NRC has re-evaluated these requirements and has determined that the burden for these requests should, in fact, be included in the estimates for 10 CFR Part 9. As a result, the NRC is adding the burden for these sections back into the totals for this Part. This has resulted in an increase of 936.5 hours in burden associated with these sections. Following is a summary of the burden increase for the added requirements: --9.23(a)(1), Public access to records in the Public Document Room = 818.75 hours --9.23(b), Requests for agency records under the FOIA = 81.75 hours --9.53(a) & (b), Privacy Act requests, how and where presented = 18 hours --9.54(a)(1), Identification for Privacy Act requests = 18 hours --9.54(b), Notarized statement (submitted in lieu of documents supporting the requestor's identity) for Privacy Act requests = 0 hours --9.54(c), Documents verifying parentage or guardianship for Privacy Act requests = 0 hours 9.55(a)(1), Specification of records sought in Privacy Act request = 0 hours TOTAL = 936.5 hours The change in burden for all other Part 9 requirements combined is a decrease of 61 hours. The largest increases are for Privacy Act Requests and Identification for Privacy Act Requests, each of which has increased by 18 hours. The largest decrease is attributed to a decrease in submitter objections to disclosure under 9.28(b). The estimated number of objections has decreased from 10 objections to 4 objections, a decrease of 6 objections. At an estimated 10 hours per objection, this represents a decrease of 60 hours. TOTAL BURDEN CHANGE Increase in burden for added requirements = 936.5 hours Decrease for all other requirements combined = -61 hours TOTAL CHANGE IN BURDEN = 875.5 hours In addition, the fee rate has increased from $238 to $259.

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Annual Cost to Federal Government: $3,494,713

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

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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: 11/01/2011

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