Collection of Research Code Non-Disclosure Agreement Information

Forms and Documents

Document Name	Status
2022 Final Renewal Supporting Statement - Codes NDA_CLEAN.docx Supporting Statement A	2022-08-16

IC Document Collections

IC ID	Document Title	Status
237262	Collection of Research Code Non-Disclosure Agreement Information Other-Nondisclosure Agreement	Modified

ICR Details

OMB Control No: 3150-0240	ICR Reference No: 202208-3150-005
Status: Received in OIRA	Previous ICR Reference No: 201908-3150-001
Agency/Subagency: NRC	Agency Tracking No:
Title: Collection of Research Code Non-Disclosure Agreement Information
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: 08/16/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2022
Responses	962	640
Time Burden (Hours)	962	640
Cost Burden (Dollars)	0	0

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Abstract: This information collection request is an Non-Disclosure Agreement (NDA) used for domestic and foreign entities to obtain and use the NRC’s nuclear safety analytical computer codes. NRC develops and uses computer codes to independently model and evaluate safety issues associated with the licensed use of radioactive materials. As a global leader in nuclear regulatory research and safety assessment, NRC is frequently approached by domestic and international organizations requesting copies of NRC computer codes. In general, to obtain an NRC code an individual or organization first agrees to not redistribute the code (i.e., non-disclosure) through an NDA. The NDA also imposes terms and conditions for code use, and requires notification to NRC of code errors, code modifications, and updated user information. An officially signed and executed NDA of users agreeing to the terms and conditions is current NRC practice for access to NRC-developed computer codes. Once the NDA has been signed, received, reviewed, and accepted, the requesting individual or organization is given access to the requested code. The information collection enables the NRC to ensure that proper procedures and agreements are in place to guide the distribution and use of these codes according to NRC and U.S. Government policies and international agreements such as import-export restrictions and intellectual property rights. Further information collection on code errors and modifications by code users permits NRC to maintain control and quality of its codes in a timely and efficient manner.

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Authorizing Statute(s): PL: Pub.L. 83 - 703 1-311 Name of Law: Atomic Energy 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:
	87 FR 21672	04/12/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 50352	08/16/2022
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
Collection of Research Code Non-Disclosure Agreement Information

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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	962	640	0	0	322	0
Annual Time Burden (Hours)	962	640	0	0	322	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: This renewal of the collection of NDA information increases the overall annual burden to 962 hours for code users. This is an increase of 332 hours over the current clearance and is primarily due to the increased use of the codes from universities, members of the public, and other technical support organizations. The NRC anticipates increases in the number of NDAs submitted and the number of submissions to update the lists of code users. These increases are partially offset by an expected decrease in the number of code error reports. The information collected on the NDAs will be used by the NRC to verify that code users meet all statutory and regulatory requirements for access to the codes. Information submitted voluntarily about code errors and modifications will be used to improve the codes and maintain code integrity. There was also an increase in hourly fee rate described in item #12 above from $275 per hour to $288 per hour.

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Annual Cost to Federal Government: $290,909

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.     No

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.     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? No

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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: 08/16/2022

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