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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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provide the basis for developing meaningful comment on the design certification with respect to the issue or subject matter described in paragraph 5.a.i. of this section and why the SGI
requested is indispensable in order to develop meaningful comments; 6 and iii. The technical competence demonstrable knowledge, skill, training, or education of the requestor to effectively utilize the requested SGI
to provide the basis and specificity for meaningful comment. Technical competence may be shown by reliance 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 only be submitted electronically through the electronic questionnaire for investigations processing e-QIP
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 3014153710.7
c. A completed Form FD258
fingerprint card, signed in original ink, and submitted in accordance with 73.57d. Copies of Form FD258 will be provided in the background check request package supplied by the Office of Administration for each individual for whom a background check is being requested. 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 6 Broad SGI requests under these procedures are unlikely to meet the standard for need to know.
Furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement.
The procedures in this document do not authorize unrestricted disclosure or less scrutiny of a requesters need to know than ordinarily would be applied in connection with either adjudicatory or non-adjudicatory access to SGI.
7 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.

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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 8 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 relieved from the criminal history records check and background check requirements, as stated in 73.59, the requester should also provide a statement specifically stating which relief the requester is invoking, and explaining the requesters basis including supporting documentation for believing that the relief is applicable. While processing the request, the NRCs Office of Administration, Personnel Security Branch, will make a final determination whether the stated relief applies.
Alternatively, the requester may contact the Office of Administration for an evaluation of his or her status prior to submitting the request. Persons who are not subject to 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.
Copies of documents and materials required by paragraphs 5.d.g., as applicable, of this section must be sent to the following address: Office of Administration, U.S. Nuclear Regulatory Commission, 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.a.4.d. or 5.a.g. of this section, as applicable, the NRC staff will determine within 10 days of receipt of the written access request whether the requester has established a legitimate need for access 8 This
fee is subject to change pursuant to the Defense Counter Intelligence and Security Agencys DCSA adjustable billing rates.

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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 NRC must first notify the DC applicant of the NRCs determination to grant access to the requester not less than 10 days before informing the requester of the NRCs decision. If the applicant wishes to challenge the NRCs determination, it must follow the procedures in Predisclosure Procedures for Proprietary Information Constituting Trade Secrets or Confidential Commercial or Financial Information of this section. The NRC
will not provide access to disputed proprietary information to the requester until the procedures are completed as described in Predisclosure Procedures for Proprietary Information Constituting Trade Secrets or Confidential Commercial or Financial Information of this section. 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 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of proprietary information 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 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 staff will conduct as
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