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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
on a qualified expert, consultant, or assistant who satisfies these criteria.
b A completed Form SF85, Questionnaire for Non-Sensitive Positions, for each individual who would have access to SGI. The completed Form SF85 will be used by the Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR
part 2, subpart C, and 73.22b2, to determine the requestors trustworthiness and reliability. For security reasons, Form SF85 can be submitted only electronically through the Electronic Questionnaires for Investigations Processing website, a secure website that is owned and operated by the Defense Counterintelligence and Security Agency DCSA. To obtain online access to the form, the requestor should contact the NRCs Office of Administration at 3014153710.4
c A completed Form FD258
fingerprint card, signed in original ink, and submitted in accordance with 73.57d. Copies of Form FD258 may be obtained by sending an email to MAILSVC.Resource@nrc.gov or by sending a written request to U.S.
Nuclear Regulatory Commission, Attn:
Mailroom/Fingerprint Card Request, 11555 Rockville Pike, Rockville, MD
20852. The fingerprint card will be used to satisfy the requirements of 10 CFR
part 2, subpart C, 73.22b1, and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an FBI identification and criminal history records check.
d A check or money order in the amount of $326.00 5 payable to the U.S.
Nuclear Regulatory Commission for each individual for whom the request for access has been submitted; and e If the requester or any individual who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements, as stated in 73.59, the requester should also provide a statement identifying which exemption the requester is invoking, and explaining the requesters basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final 4 The requester will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address.
After providing this information, the requestor usually should be able to obtain access to the online form within one business day.
5 This fee is subject to change pursuant to DCSAs adjustable billing rates.

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determination whether the claimed exemption applies. Alternatively, the requester may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request. Persons who are exempt from the background check are not required to complete the SF85
or Form FD258; however, all other requirements for access to SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs 5b, c, and d, of this section must be sent to the following address: U.S. Nuclear Regulatory Commission, ATTN:
Personnel Security Branch, Mail Stop TWFN07D04M, 11555 Rockville Pike, Rockville, MD 20852.
These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required.
To avoid delays in processing requests for access to SGI, all forms should be reviewed for completeness and accuracy including legibility before submitting them to the NRC. The NRC will return incomplete or illegible packages to the sender without processing.
Based on an evaluation of the information submitted under paragraphs 4 or 5 of this section, as applicable, the NRC will determine within 10 days of receipt of the request whether the requester has established a legitimate need for access to proprietary information or need to know the SGI
requested.
Determination of Legitimate Need for Access For proprietary information access requests, if the NRC determines that the requester has established a legitimate need for access to proprietary information, the NRC will notify the requester in writing that access to proprietary information has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit by each individual who will be granted access.
For requests for access to SGI, if the NRC determines that the requester has established a need to know the SGI, the NRCs Office of Administration will then determine, based upon completion of the background check, whether the
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proposed recipient is trustworthy and reliable, as required for access to SGI by 73.22b. If the NRCs Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requester in writing.
The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit by each individual who will be granted access to SGI.
Release and Storage of SGI
Prior to providing SGI to the requester, the NRC will conduct as necessary an inspection to confirm that the recipients information protection system is sufficient to satisfy the requirements of 73.22. Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements.
Filing of Comments on the NuScale Design Certification Proposed Rule Based on Non-Public Information Any comments in this rulemaking proceeding that are based upon the information received as a result of the request made for proprietary or SGI
information must be filed by the requester no later than 25 days after receipt of or access to that information, or the close of the public comment period, whichever is later. The commenter must comply with all NRC
requirements regarding the submission of proprietary information and SGI to the NRC when submitting comments to the NRC including marking and transmission requirements.
Review of Denials of Access If the request for access to proprietary information or SGI is denied by the NRC, either after a determination on requisite need or after a determination on trustworthiness and reliability, the NRC shall promptly notify the requester in writing, briefly stating the reason or reasons for the denial.
Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipients for access to SGI, the Office of Administration, in accordance with 2.336f1iii, must provide the proposed recipients any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 73.57e1, so that the proposed
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