10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form NRC Form 782 Complaint Form	Form	Modified	Available
Form NRC Form 782 10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs	Form	Modified	Repair queued
Form NRC Form 781 SBCR Compliance Review	Form	Modified	Available
10 CFR Part 4 FINAL supporting statement 2020.docx	Supporting Statement A	Uploaded 2020-11-13	Repair queued
Burden spreadsheet for Part 4 FINAL.xlsx	Supplementary Document	Uploaded 2020-11-12	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
33310	10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs	Form	Modified	Complaint Form
33310	10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs	Form	Modified
33310	10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs	Form	Modified	SBCR Compliance Review

ICR Details

OMB Control No: 3150-0053	ICR Reference No: 202010-3150-002
Status: Historical Active	Previous ICR Reference No: 201709-3150-006
Agency/Subagency: NRC	Agency Tracking No:
Title: 10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/22/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/13/2020
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2024	36 Months From Approved	02/28/2021
Responses	502	0	800
Time Burden (Hours)	802	0	3,600
Cost Burden (Dollars)	72	0	65

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Abstract: All recipients of Federal financial assistance from the NRC are subject to the provisions of 10 CFR Part 4, “Nondiscrimination in Federally Assisted Programs or Activities Receiving Assistance from the Commission.” Respondents must notify participants, beneficiaries, applicants, and employees of nondiscrimination practices and keep records of Federal financial assistance and of their own self-evaluations of policies and practices. NRC Form 781, “SBCR Compliance Review” is a required form that should be submitted by the recipient upon initiation or modification of a program, during the pre-award and post-award stage, periodic monitoring, and, if a complaint is being processed during the pre-award application phase and upon request from an authorized NRC official during the post-award review phase. This information is necessary for determining whether any persons are or will be denied such services provided by the primary funding recipient on the basis of prohibited discrimination. In the event that discrimination is alleged in NRC- conducted and Federal financially assisted programs and activities, it may be reported using NRC Form 782.

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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:
	85 FR 34768	06/08/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 65080	10/14/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
10 CFR 4, Nondiscrimination in Federally Assisted Commission Programs	NRC Form 782, NRC Form 781	SBCR Compliance Review ,   Complaint Form

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ICR Summary of Burden

table that charts list 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	502	800	0	0	-298	0
Annual Time Burden (Hours)	802	3,600	0	0	-2,798	0
Annual Cost Burden (Dollars)	72	65	0	0	7	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: The burden has decreased from 3,600 hours to 702 hours, a decrease of 2,798 hours. Recordkeeping In the last renewal, 200 respondents were each assumed to spend 3 hours maintaining records (600 hours). In the current submission, the NRC staff looked at the actual requirements in 10 CFR Part 4 and the amount of time necessary to complete each requirement. Recordkeeping burdens were broken out according to the number of respondents maintaining each type of record (see Table 4). When broken out in this more precise manner, the total burden for 200 respondents was 650 hours, an increase of 50 hours above the previous estimate. Reporting In the last renewal, the burden was estimated assuming that each respondent would be subject to 3 reporting requirements at 5 hours per requirement, for a total of 3,000 hours of reporting burden (200 x 3 x 5). These burdens were general, conservative estimates for reporting activities and not specific to the information collections in this Part. In this renewal, the specific reporting requirements were identified and respondents and the burden for each requirement was calculated. When the specific forms and respondents are considered, the burden estimate shown in Table 3 is 102 hours. The three primary reporting requirements in 10 CFR Part 4 are an assurance of compliance, a compliance review, and the reporting of complaints: • NRC 781, “SBCR Compliance Review” is a required form that should be submitted by the recipient upon initiation or modification of a program, during the pre-award and post-award stage, periodic monitoring, and, if a complaint is being processed during the pre-award application phase and upon request from an authorized NRC official during the post-award review phase. An estimated 50 recipients submit the form annually at 1.5 hours per submission for a total of 75 hours of burden. • The process used by NRC staff to conduct compliance reviews has changed. Previously, recipients submitted information on their compliance and answered questions from NRC staff, resulting in a lengthy process. Burden estimates assume this requirement applied to all 200 recipients. Now, NRC staff are conducting compliance reviews by phone, in a 30 minute telephone interview. In addition, compliance reviews are conducted for approximately 50 recipients annually, not the full 200 recipients as indicated in the previous clearance. For this clearance, the burden for compliance reviews was estimated to be 25 hours (50 respondents x 30 minutes). • The remaining reporting burden associated with Part 4 is the NRC Form 782, “Complaint Form.” NRC staff determined that a maximum of two respondents annually submitted NRC Form 782. The estimated burden to complete this form is one hour; thus, the reporting burden for the collection is 2 hours. Third party disclosure 10 CFR 4.34, 4.232, and 4.322(b) contain a requirement to notify employees of nondiscrimation practices. Outreach and compliance provides posters for award recipients to display to fulfill this requirement, or they may create their own. Burden per award recipient for this requirement is estimated to be 15 minutes annually, or a total of 50 hours for all 200 respondents. This burden previously would have been captured as a reporting requirement, but now has been identified as a third-party disclosure. Finally, cost increased from $265/hr to $278/hr.

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Annual Cost to Federal Government: $167,636

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.     Yes

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: 11/13/2020

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