ML25181A458

OMB 3150-0255 2025 Draft Supporting Statement for NRC Form 646 Formal Discrimination Complaint

ML25181A458
Person / Time
Issue date:	08/28/2025
From:	NRC/SBCR
To:
Shared Package
ML25181A439	List: IR 015000255/2020025 IR 015000256/2020025 ML25181A456 ML25181A458 ML25182A355 ML25182A376
References
3150-0255
Download: ML25181A458 (4)

Text

DRAFT SUPPORTING STATEMENT FOR NRC FORM 646, FORMAL DISCRIMINATION COMPLAINT (31500255)

EXTENSION Abstract The U.S. Nuclear Regulatory Commissions (NRC) Form 646, Formal Discrimination Complaint is used to collect or document required information for processing Equal Employment Opportunity (EEO) complaints filed against the NRC by an employee, former employee, or applicant for employment with the NRC, who believe that they have been subjected to discrimination based on race, color, religion, sex, national origin, age (40 or older),

disability, or genetic information. Once received by the NRC, an authorized NRC representative will place the completed NRC Form 646 in a secure folder created specifically for the aggrieved individual within an automated tracking system. The information will be maintained under a government-wide system of records designated as Equal Employment Opportunity Commission (EEOC)/GOVT1.

A. JUSTIFICATION

1. Need For the Collection of Information On behalf of the NRC, the Office of Small Business and Civil Rights (SBCR) Civil Rights Program (CR) administers and ensures agency compliance that prohibit discrimination in the workplace in accordance with the following Federal civil rights laws, regulations, policies, and guidance:

Title VII of the Civil Rights Act of 1964, as amended Age Discrimination in Employment Act of 1967 Section 501 of the Rehabilitation Act of 1973 Equal Pay Act of 1963 Genetic Nondiscrimination Act of 2008.

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 Elijah E. Cummings Federal Employees Antidiscrimination Act of 2020 EEOCs Title 29 of the Code of Federal Regulations (29 CFR) Part 1614, Federal Sector Equal Employment Opportunity1 EEOCs Management Directive 110 (MD 110), Complaint Processing2 1 29 CFR Part 1614: https://www.gpo.gov/fdsys/pkg/CFR-2007-title29-vol4/pdf/CFR-2007-title29-vol4-part1614.pdf 2 MD 110: https://www.eeoc.gov/federal-sector/management-directive/management-directive-110

EEOCs Management Directive 715 (MD 715), Affirmative Action Programs3 The information is needed to ensure agency compliance with these laws, regulations, policies, and guidance.

2. Agency Use and Practical Utility of Information The NRC Form 646 serves as the required written request to further pursue unresolved claim(s) of unlawful discrimination through the formal complaint procedure in accordance with 29 CFR1614.106 and MD 110. The information collected enables the agency to properly identify the claim(s) raised by the complainant and determine if such claim(s) can legally be accepted for investigation or dismissed in accordance with 29 CFR1614.106 and 29 CFR 1614.107.

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. Respondents are able to submit the requested information using fillable forms. The form is currently placed a secure drive and uploaded into the Entellitrak (ETK EEO) case management system, which is the secure automated tracking system that provides a complaint number for the file and is used to create mandated agency reports. ETK EEO maintains individual data records for all individuals who SBCR to file informal and formal EEO complaints.

SBCR uses ETK EEO to collect, track, and monitor EEO complaints in order to comply with EEOC data reporting requirements as set forth in the Code of Federal Regulations governing Federal Sector EEO complaint processing (29 CFR Part 1614) and The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). Additionally, members of the public that are applicants for employment are able to use the ETK e-File system to contact SBCR, request a counselor and initiate an EEO complaint. It is estimated that 100 percent 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.

3 MD 715: https://www.eeoc.gov/federal-sector/management-directive/instructions-federal-agencies-eeo-md-715

5. Effort to Reduce Small Business Burden Not applicable. Information is collected from individuals rather than businesses.

6. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently Without the form, aggrieved individuals may not meet the necessary criteria to properly file a formal complaint through the NRC and are subject to dismissal in accordance with 29 CFR 1614.107. The form is completed only once per complaint; therefore, reporting frequency cannot be reduced.

7. Circumstances Which Justify Variation from Office of Management and Budget (OMB) Guidelines In accordance with 29 CFR 1614.106(b), the NRC must receive the completed NRC Form 646 within 15 calendar days of receipt of the Notice of Right to File as required by 29 CFR1614.105(d), (e) or (f).

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 Title 10 of the Code of Federal Regulations (10 CFR) 9.17(a) and 10 CFR 2.390(b).

This information is maintained in a system of records designated as EEOC/GOVT1 Equal Employment Opportunity in the Federal Government Complaint and Appeal Records described at 71 Federal Register 24704 (April 26, 2006).

11. Justification for Sensitive Questions Sensitive information collected under this clearance is necessary to enter the EEO complaint process. All information provided by persons alleging EEO discrimination is safeguarded and treated in accordance with the Privacy Act of 1974, as amended.

12. Estimated Burden and Burden Hour Cost The NRC receives an estimated 30 submissions of NRC Form 646 annually. Each form takes approximately 60 minutes (1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />) to complete. The estimated time to complete the form is based on previous submissions that required additional pages to accurately capture details of events. The total annual burden for NRC Form 646 is 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> (30 forms x 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per form) at a cost of $9,510 (30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> x $317 per hour).

The $317 hourly rate used in the burden estimates is based on the NRCs 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 There are no additional costs.

14. Estimated Annualized Cost to the Federal Government The estimated total annual burden for NRC staff to process NRC Form 646 is 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> (30 forms x 20 minutes per form) at a cost of $3,170 (10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> x $317 per hour).

15. Reasons for Change in Burden or Cost There was no change in burden or cost. The fee rate increased from $288 to $317 per hour.

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 There are no exceptions to the certification statement.