ML20247L087

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Request for OMB Review & Supporting Statement Re 10CFR4, Nondiscrimination in Federally Assisted Commission Programs. Estimated Respondent Burden 8 Hours
ML20247L087
Person / Time
Issue date: 04/24/1998
From: Shelton B
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
Shared Package
ML20247L094 List:
References
OMB-3150-0053, OMB-3150-53, NUDOCS 9805220310
Download: ML20247L087 (7)


Text

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k PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form For pQtional forms or assistance in completing this form, contact i

your agency's Paperwork Clearance Officer. Send tworopies of thirftnm. the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to" Office of Inforrnation and Regulatory Affairs, Office of Management and Budget, Docket Library, Roorn.10102,J2,517th Street NW, Washington, DC 20503.

1. Agency / Subagency onginating request

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"Jv 2.uoll$ Galrol number U.S. Nuclear Regulatory Commission PU3UC 00cc M f nJ ! 50 - 0 D3 b None 4 Type of r'eWew requested (check one)

3. Type of niformaton collecton (check one)
s. New collection J
a. Regular

' c. Delegated g

b. Revision of a currently apprr;,ved collecten
b. Emergency - Approval requested by (date):
5. Will this information collection have a a.Yes
c. Extension of a currently approved collection significant economic impact on a
d. Reinstatement, without change, of a previously approved substantial number of small entities 7 g

b.No collecten for which approval!ias expired y

a. Three years from approval date

NhoNr vNh sehte Requested hich a expiration date

f. Existing collection in use without an OMB control number
b. Other (Specify):

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7. Tine l

10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs

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8. Agency form number (s) (if applicable)
9. Keywords t

l Employment Discrimination,Ilandicapped Persons, Age Discrimination

10. Abstract Recipients of NRC financial assistance provide data on procedures to provide assurance to NRC that they are in compliance with nondiscrimination pohcies, l

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11. Atlected pubtsc (m anmary mm e amt eromes mat awy mm x7
12. Obligaton to respond (m pnmay mm vamt an amers mar apr mm x7 l
a. Individuals or households
d. Farms a Voluntary l

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b. Business or other for-profit
e. Federal Government
b. Required to obtain or retain benefits Y
c. Not.for-profit institutions T
f. State, Local or Tribal GovemmentT c. Mandatory
13. Annual reporting and recordkeeping hour buroen
14. Annual reporting and recordkeeping cost burden (m mousamts or aoners; 30
a. Total annuahzed capital /startup costs
a. Number of respondents
b. Totalannualresponses 30
b. Total annual costs (O&M)
c. Total annualized cost requested
1. Percentage of these responses collected electronically 0.0
d. Current OMB inventory
c. Total annual hours requested 8
e. Difference
d. Current OMB inventory 60 p.
e. Difference (52) 1 Program change
f. Explanation of difference
2. Adjustment
1. Program change (52) g
2. Adjustment
16. Frequency of recordkeeping or reporting (Check allthat appfy) hE
16. Purpose of informaton collection (Mark onmary wnth 'P* and all others that apply wrth 'X")

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a. Recordkeepsng b Third-party disclosure s Application for benefits
e. Program planning or management 7
c. Reporting 2
b. Program evaluaten
f. Research
71. On occasion
2. Weekly
3. Monthly

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c. General purpose statistics T g Regulatory or compliance
4. Quarterly 5 Semi-annually 6 Annually l

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7. Bennially 8 Other(describe) d Audit
17. Statistical methods
18. Agency contact (person who can best answer questions reparthng trie,

e Does this information collection employ statistical rrethods?

s Ira A. Radden Name:

t> L Yes No 301-415-7385 Phone.

ls 10/95 pg oms as-i worm *a aaed um 14o=s wn yym

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19. Certification for Paperwsrk Rsductisn Act Submizelona On behalf of this Federal agency,'l certify that the collection of information encompassed by this re 5 CFR 1320.9.

i He text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8 (b)(3), appear at the end of the NOTE: instructions. The certification is to be made with reference to those regulatory provisions as setforth the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the (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 terminology that is understandable to respondents; (c) Its implementation will be consistent and compatible with current reporting and recordkeeping pl j

(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):

I (i)

Why the information is being collected-

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(ii) Use ofinformation;

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(iii) Ilurden estimate; (iv) Nature of response (voluntary, required for a benefit, o'r mandatory);

(v) Nature of 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 manage-s mctionsh (i) EIEses*Sbc'ONbe"bic'"e"ki tfst!EafS!fr*@y theTSE8dfo'g"y;Tnd Efat (j) It makes appropriate use of information technology, if you are unable to certify compliance with any of these provisions, identify the item below and e j

item 18 of the Supporting Statement.

i Date Sqnature of Autnonzed Agency Ofhcial sgnesj( I Date Sgnatu of Senior Ofh f jfe f[

SW r, ' ice of the Chef Information Officer hetton. N e

10/95 B34

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p OMB SUPPORTING STATEMENT FOR 1

REPORTING REQUIREMENTS UNDER 10 CFR PART 4

" NONDISCRIMINATION IN FEDERALLY ASSISTED COMMISSION PROGRAMS" (3150-0053)

I-REVISION REQUEST l

rWrirdian of the Information Collection Reamirements L

The Rehabilitation Act of 1973, as amended, prohibits discrimination against qualified handicapped individuals under programs or activities receiving Federal financial assistance. In Executive Order 11914, dated April 28,1976, the President directed that all Federal agencies providing financial assistance issue regulations consistent with standards and procedures to be established by the Secretary of Health and Human Services (HHS). The HHS guidelines were published on January 13,1978 (43 FR 2131) and are codified at 45 CFR Part 85.10 CFR i art L

4 sets out the U.S. Nuclear Regulatory Commission program that fulfills the Agency's responsibilities under Executive Order 11914. The NRC has amended its regulations to i

implement provisions of the Age Discrimination Act (the Act) of 1975, as amended. The Act, which applies to persons of all ages, prohibits discrimination on the basis of age in programs or l

activities receiving Federal financial assistance. It also contains certain exceptions that permit, under limited circumstances, use of age distinctions or factors other than age that may have a disproportionate effect on the basis of age. These amendments are designed to guide the actions of recipients receiving financial assistance from NRC. These amendments incorporate the basic standards for determining age discrimination, they discuss the responsibilities of

- recipients of NRC assistance and the investigation, conciliation, and enforcement procedures i NRC will use to ensure compliance with the Act.

'A.

JUSTIFICATION 1.

Need for and Practical Utility of the Collection of Infom1ation. The reporting and j

recordkeeping requirements are necessary in order for the U.S. Nuclear Regulatory Commission (NRC) staff to assure that recipients of Federal financial assistance (Agreement States) are in compliance with the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, as amended. All of the reporting and recordkeeping requirements are modeled after the Department of Health and Human Services (HHS) regulations.

2.

Aaency Use of Information.

Section 4.32 requires recipients to keep complete and accurate compliance l'

records for three years and submit these records when requested. NRC maintains a copy in the program office files and the Public Document Room.

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. [7590-01-P]

Section 4.34 requires recipients to make available to beneficiaries or other

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l interested persons, information regarding this sub-part and how it applies to the i

program under which the recipient receives Federal financial assistance.

1 Section 4.125(d) requires that information obtained by a recipient-employer as to i

l the medical condition or history of an applicant for employment shall be collected and maintained for three years for review by U.S. government officials i-investigating compliance with the Rehabilitation Act of 1973.

The federally assisted program referenced in this OMB clearance refers to training which NRC provides to its agreement states. Section 4.125 references l

reemployment inquiries and Section 4.125(d) references collection of medical history of applicants. The training NRC provides is for individuals already employed by state agencies. Therefore, there has not been any recordkeeping burden in this area during this reporting period.

Section 4.127(d) requires that, where structural changes to facilities are necessary to render a Federally assisted program accessible to and useable by L

handicapped persons, a transition plan is to be developed, approved by NRC, and maintained until structural changes have been completed.

Section 4.231(a) requires that applicants submit an assurance statement that their programs and activities will be operated in compliance with this subpart.

Section 4.231(e) requires that recipients perform self-evaluations of policies and practices that are covered by Section 504 of the Rehabilitation Act of 1973, as amended, to assure that their Programs are in compliance with the law. This j

self-evaluation is to be done with the assistance of interested persons, including handicapped persons and/or their representatives. Should this self-evaluation reveal practices or policies that do not comply with NRC regulations, these must I

be modified and remedial steps must be taken to eliminate the effect of past discrimination. The records of self-evaluation shall be maintained on file for public and/or NRC inspection for a period of three years.

Section 4.232 requires recipients to notify beneficiaries, employees and sub-recipients of its non-discrimination policies.

i Section 4.321 requires each NRC recipient to have primary responsibility for i

ensuring that its programs and activities are in compliance with the Act and l

these regulations. Each recipient will sign an assurance statement that its programs and activities will be conducted in compliance with all the requirements imposed by the Act and these regulations. A recipient also has responsibility to -

maintain records and provide information to the extent required, to determine whether it is in compliance with the Act and these regulations. (Burden is included under Section 4.324(a).)

Section 4.322(b) requires that when a recipient makes available Federal financial assistance from NRC to a sub-recipient, the recipient shall provide the sub-recipient written notice of the sub-recipient's obligations under the Act and these regulations.

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l Section 4.324(a) requires recipients to make available, upon request by NRC, information to determine if it is in compliance with the Act and these regulations, and permit NRC reasonable access to its records and sources of information.

3.

Reduction of Burden Throuah Information Technology. There are no legal obstacles to reducing the burden that sometimes is associated with similar types of information collection; however, the collection requirements are so minimal, i.e., less than 1-1/2 hours annually per respondent, that there is no need for use of information technology.

4.

Efforts to identifv Duplication and Use Similar Information. There are no alternative sources. Each response is for an individual recipient receiving Federal financial assistance. The Information Requirements Control Automated System (IRCAS) was searched to identify duplication. None was found.

5.

Efforts to Reduce Small Business Burden. The information collew.bn does not involve small businesses or other small entities.

6.

Consequences to Federal Procram or Poliev Activities if the Collection is not Conducted or is Conducted Less Frecuentiv. There is no specific timeframe for collection. The required information is submitted upon initiation or modification of a program.

7.

Circumstances which Justifv Variation from OMB Guidelines. There are no circumstances that would justify variation from OMB guidelines.

8.

Consultations Outside the NRC. An invitation to comment on the information collections was published in the Federal Reaister on February 23,1998 (63 FR 9020). There were no comments.

9.

Pavment or Gift to Respondents. Not Applicable.

10. Confidentiality of information. NRC provides no pledge of confidentiality for the collection of this inforr,ation. However, records maintained per $4.125(d) are considered confidential medical records and are maintained as such.
11. Justification for Sensitive Questions. In every case, information pertaining to handicapping conditions is required in order to assure compliance with Section 504 of the Rehabilitation Act of 1973, as amended. There are no sensitive questions pertaining to nondiscrimination on the basis of age.
12. Estimate of Burden. Burdens for all subparts are indicated in the following chart:

Burdens listed as "zero" are for effort required to set up the program and for which no subsequent submittals are expected. Sections 4.34,4.232, and 4.324(a) involve burden, if complaints are received. None has been received to date, and none is anticipated.

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. [7590-01-P]

REPORTING BURDEN POTENTIAL AVERAGE 10 CFR NO.OF TOTAL BURDEN PER TOTAL REQUIREMENT RESPONDENTS RESPONSES

RESPONSE

BURDEN (APPROX.)

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Section 4.34 1

0 3 hrs.

O hrs.

Section 4.231(a) 30 0

5 mins.

O hrs.

Section 4.232

.1 0

3 hrs.

O hrs.

Section 4.322(b) 30 0

10 mins.

O hrs.

Section 4.324(a) 30 0

0 hrs.

O hrs.

TOTAL 30 0

.21 hrs.

O hrs.

RECORDKEEPING BURDEN l

AVERAGE 10 CFR NO.OF BURDEN PER TOTAL REQUIREMENT RECORDKEEPERS RESPONDENT BURDEN Section 4.32 30 16 mins.

8 hrs.

Section 4.125(d) 30 0 mins.

O hrs.

Section 4.127(d) 30 0 mins.

O hrs, j

Section 4.231(e) 30 0 mins.

O hrs.

TOTAL-30

.27 hrs.

8 hrs.

The annual burden is 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />.

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13. Estimate of Other Additional Costs. Not Applicable.

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14. Estimated Annualized Cost to the Federal Govemment. The collection of i

l information pertaining to nondiscrimination on the basis of handicap, will require annually four hours of professional staff time at $125.00 an hour and one hour of clerical staff time at $45.00 an hour for a total annual cost of $545.00. In the

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area pertaining to age discrimination, as required under Section 4.321, each of the 30 recipients must submit to NRC an assurance of compliance. Based in part on HHS experience, it is estimated that the review and recordkeeping of the L

documents will require 15 minutes staff time for each of the 30 documents or a total of 7.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> at $125.00 an hour which equals $937.50 and 5 minutes of

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. [7590-01-P]

clerical staff time for each of the 30 documents which amounts to approximately 2.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> at $45.00 per hour, totaling $112.50. The total annual cost is estimated to be $1,050.

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15. Reasons for Chanae in Burden. The actions that require recordkeeping under sections 4.125(d),4.127(d), and 4.231(e) are not expected to be initiated during the next three years. Hence the burden for these sections will be zero.
16. Publication for Statistical Use. There are no plans to publish the information received from licensees pursuant to these reporting requirements.
17. Reason for Not Disolavina the Exoiration Date. The requirement will be contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication, could become obsolete would be unduly burdensome and too difficult to keep current.
18. Exceotions to the Certification Statement. There are no exceptions.

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COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in the collection of information.

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