ML22271A874

OMB 3150-XXXX, Draft Supporting Statement, Requests for Reasonable Accommodations from Non-Federal Entities

ML22271A874
Person / Time
Issue date:	12/13/2024
From:	Anne Silk Office of the Chief Human Capital Officer
To:
Anne Silk/OCHCI
Shared Package
ML22271A819	List: ML22271A874 ML22272A017
References
Download: ML22271A874 (5)

Text

DRAFT SUPPORTING STATEMENT FOR REQUESTS FOR REASONABLE ACCOMMODATIONS FROM NON-FEDERAL ENTITIES (3150-XXXX)

NEW Description of the Information Collection There are multiple regulations that require federal agencies to provide reasonable accommodations to employees, applicants for employment, and persons attending/participating in programs sponsored with federal funds, unless it can be shown that such accommodation(s) would impose an undue hardship. Each of these regulations provide a different basis for providing accommodations and provide individualized guidance for agencies to determine eligibility for accommodation and how to determine undue hardship. These regulations are enforced by the Equal Employment Opportunity Commission (EEOC).

The Rehabilitation Act of 1973 (Rehab Act) as amended and the Americans with Disabilities Act of 1990 (ADA) as amended, require agencies to provide reasonable accommodation(s) concerning the known physical or mental limitations of persons with disabilities.

The Pregnant Workers Fairness Act (PWFA) requires federal agencies to make reasonable accommodations to the known limitations related to pregnancy, childbirth, or related medical conditions.

Title VII of the Civil Rights Act of 1964 requires federal agencies to reasonably accommodate sincerely held religious beliefs, practices, or observances where these conflict with work requirements.

All of these regulations require the individual requesting accommodation (the requester) to notify the agency of their need for accommodation but permits the requester to notify the agency by multiple methods (phone, email, verbal conversation, etc.).

In accordance with meeting these legal obligations, the Nuclear Regulatory Commission (NRC) must collect information from employees, applicants, and visitors to NRC programs to determine what accommodation(s) are requested and the basis for the request. This clearance is being requested to collect information from the requestor 1) describing the accommodation(s) desired;

2) providing the relevant basis for the request; 3) describing the connection between the basis for request and the accommodation; and, if necessary, 4) subsequently collect medical documentation to support the request.

For this purpose, the NRC makes NRC Form 726 Confirmation of Request for Reasonable Accommodation publicly available via its websites. The NRC also provides phone and email contact information for submitting a request for reasonable accommodation, individuals making a request in these methods may be asked to complete NRC Form 726 for the Agency record-keeping. Recording requests for reasonable accommodation is required by the EEOC.

Similarly, when a request for accommodation is made on the basis of the PWFA, the NRC may request documentation to confirm pregnancy or childbirth related limitations.

A. JUSTIFICATION

1. Need For the Collection of Information The legal authorities that justify the collection of this information are as follows:

Title VII of the Civil Rights Act of 1964 Section 501 of the Rehabilitation Act of 1973, as amended Americans with Disabilities Act of 1990, as amended The Americans with Disabilities Act Amendments Act of 2008 (ADA)

EEOC Section 501 Final Rule 2018 The Pregnant Workers Fairness Act of 2023 EEOC Final Rule on the Pregnant Workers Fairness Act 2024 The U.S. Nuclear Regulatory Commissions (NRCs) policy is to fully comply with the reasonable accommodations requirements set forth in the legal authorities listed above. The NRC strives to provide accommodations to ensure that individuals enjoy full access to equal employment opportunities regardless of disability, pregnancy, or sincerely held religious belief.

2. Agency Use and Practical Utility of Information The collection of this information ensures that the agency provides an effective accommodation that enables the requestor to perform job duties, participate in the job application process, and/or engage in NRC-offered programs. The NRC Form 726 is provided to requesters to ensure they submit adequate information to process their request. This form ensures the information collected is consistent and minimizes the need to seek additional evidence.

This information will be used to determine what, if any, accommodation the agency is required to provide and if any alternate accommodation may be considered.

3. Reduction of Burden Through Information Technology There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them.

The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submittal of documents to the NRC. Electronic transmission and submittal of documents can be accomplished via

the following avenues: the Electronic Information Exchange (EIE) process, which is available from the NRC's Electronic Submittals Web page, by Optical Storage Media (OSM) (e.g., CD-ROM, DVD), by facsimile or by e-mail. It is estimated that approximately 100% of the potential responses are filed electronically.

4. Effort to Identify Duplication and Use Similar Information No sources of similar information are available. There is no duplication of requirements.

5. Effort to Reduce Small Business Burden No small businesses are impacted by this clearance.

6. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently If this information is not collected, the NRC will have no means to assess whether 1) the requestor is entitled to accommodation under any of the provided legal authorities for which the agency is legally obligated to provide an accommodation, or

2) the accommodation(s) requested are reasonable or if any alternate accommodation could be considered given the circumstances.

There is no standard frequency for receiving requests. Information is collected as the requests are received by the agencys Reasonable Accommodation Coordinator.

Specifically requests from non-federal employees (applicants or attendees to NRC programs) average 5-10 per year.

7. Circumstances Which Justify Variation from OMB Guidelines Not applicable.

8. Consultations Outside the NRC Opportunity for public comment on the information collection requirements for this clearance package has been published in the Federal Register.

9. Payment or Gift to Respondents Not applicable.

10. Confidentiality of Information Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). All medical documentation will be considered confidential.

The information submitted on Form 726 is maintained in a Privacy Act system of records designated as: NRC-11 (Reasonable Accommodation Records), described in the Federal Register (87 FR 64266; October 24, 2022). The Privacy Act statement is included on the NRC Form 726.

11. Justification for Sensitive Questions The NRC considers the collection this information necessary to determining the agencys legal obligation to provide an accommodation. This information is considered sensitive. The information collected will ensure that the agency is providing an appropriate accommodation based on a covered need. The Reasonable Accommodation Coordinator will be responsible for contacting the requestor by phone or email to explain the need for documentation that substantiates the request, the basis for the request, and to obtain any additional details necessary to provide an accommodation.

12. Estimated Burden and Burden Hour Cost This estimate is assuming the higher estimate of 10 requests from non-federal employees received in a year:

The $317 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2024 (89 FR 51789, June 20, 2024).

13. Estimate of Other Additional Costs No other additional costs are anticipated.

14. Estimated Annualized Cost to the Federal Government The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses.

Description Number of Respondents Number of Responses Per Respondent Total Annual Responses Burden Hrs Per

Response

Total Annual Burden (Hrs)

Cost @

$317/Hr Requests for Reasonable Accommodations 10 1

10 3

30

$9,510

NRC staff expends approximately 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> reviewing, processing, and analyzing each applicants request, assuming it is a more basic request. Those requests that are more extensive would need more time. Assuming 10 requests from non-federal employees per year, an annual total of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> is expended on these activities. The annual cost to the Federal government is approximately $12,680 (40 hrs. x $317).

15. Reasons for Change in Burden or Cost.

This is a new OMB Clearance.

16. Publication for Statistical Use Not applicable.

17. Reason for Not Displaying the Expiration Date The expiration date will be displayed.

18. Exceptions to the Certification Statement The collection of information does not employ statistical methods.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not Applicable.