[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41368-41369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17372]



10 CFR Part 9

RIN 3150-AI87

Public Records

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Final rule.


SUMMARY: The Nuclear Regulatory Commission (NRC) is revising its 
regulations to change the fees for search and review of agency records 
by NRC personnel. This document is necessary to inform the public of 
these changes.

DATES: Effective Date: August 16, 2010.

FOR FURTHER INFORMATION CONTACT: Becky Wood at 301-415-6968, e-mail 
[email protected], or in writing to the Nuclear Regulatory Commission, 
Office of Information Services, Mail Stop TWFN-5F09, Washington, DC 

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].
    Federal Rulemaking Web site: Supporting materials related to this 
final rule can be found at http://www.regulations.gov by searching on 
Docket ID NRC-2010-0157.

[[Page 41369]]



    These changes are necessary due to the Biennial Review of Fees for 
the Freedom of Information Act, as required by the Chief Financial 
Officer's Act of 1990 and Office of Management and Budget (OMB) 
Circular No. A-25. Specifically, 10 CFR part 9, section 9.37(a) will be 
changed from GG-7/7 to GG-7/6 and 9.37(c) will be changed from ES-4 to 

 Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

Paperwork Reduction Act Statement

    This final rule does not contain information collection 
requirements and, therefore, is not subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule; therefore, a backfit analysis is not required for this 
final rule because these amendments are administrative in nature and do 
not involve any provisions that would impose backfits as defined in 10 
CFR chapter I.

Congressional Review Act

    In accordance with the Congressional Review Act of 1996, the NRC 
has determined that this action is not a major rule and has verified 
this determination with the Office of Information and Regulatory 
Affairs of OMB.

List of Subjects in 10 CFR Part 9

    Freedom of Information Act Regulations, Privacy Act Regulations, 
Government Sunshine Act Regulations, and Production or Disclosure in 
Response to Subpoenas or Demands of Courts or Other Authorities.

Rulemaking Procedure

    Because this amendment constitutes a minor administrative change to 
the regulations, the notice and comment provisions of the 
Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(B).

For the reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 
1974, as amended; and 5 U.S.C. 552 and 5 U.S.C. 553, the NRC is 
adopting the following amendments to 10 CFR part 9.


1. The authority citation for part 9 continues to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).
    Subpart A also issued 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L. 99-
    Subpart B is also issued under 5 U.S.C. 552a.
    Subpart C is also issued under 5 U.S.C. 552b.

2. In Sec.  9.37, paragraphs (a) and (c) are revised to read as 

Sec.  9.37  Fees for search and review of agency records by NRC 

* * * * *
    (a) Clerical search and review at a salary rate that is equivalent 
to a GG-7/step 6, plus 16 percent fringe benefits;
* * * * *
    (c) Senior executive or Commissioner search and review at a salary 
rate that is equivalent to an ES-Maximum, plus 16 percent fringe 

    Dated at Rockville, Maryland, this 6th day of July, 2010.

For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-17372 Filed 7-15-10; 8:45 am]