ML20203K471

Notice of OMB Review of Info Collection & Solicitation of Public Comment Re 10CFR25, Access Authorization for Licensee Personnel

ML20203K471
Person / Time
Issue date:	12/17/1997
From:	Shelton B NRC
To:
References
NUDOCS 9712220391
Download: ML20203K471 (25)

Text

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[7590-01-P]

4 U.S. NUCLEAR REGULATORY COMMISSION i

Agency Information Collection Activities: Submission for OMB Review; Comment request.-

AGENCY: U.S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of the OMB review of information collection and solicitation of public comment.

SUMMARY

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a perso's is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

1. Type of submission, new, revision, or extension: Revision

2. The title of the information collection: 10 CFR Part 25 - Access-Authorization for Licensee Personnel. t

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- 3. The form number if applicable: Nct applicable. .

- ts ,V 9712220391 971217

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4. How often the collection is required: On occasion.

5. Who will be required or asked to report NRC regulated facilities and other organizations reoviring access to NRC classified information.

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6. An estimate of the number of responses: 522

7. The estimated number of annual respondents: 20 v

8. An estimate of the total number of hours needed annually to complete the requirement or request: 257 hours0.00297 days <br />0.0714 hours <br />4.249339e-4 weeks <br />9.77885e-5 months <br /> (197 hours0.00228 days <br />0.0547 hours <br />3.257275e-4 weeks <br />7.49585e-5 months <br /> reporting and GO hours recordkeeping) or 3.8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> / response. .

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9. An Indication of whether Section 3507(d), Pub. L.10413 applies: Not applicable.

10. Abstract: NRC regulated facilities and other organizations are required to provide information and maintain records to ensure that an adequate level of protection is provided NRC classified information and material.

A copy of the final supporting statement may be viewed free of charge at the NRC Public

' Document Room,2120 L Street, NW (Iower level), Washington, DC. OMB clearance requests are available at the NRC worldwide web site (http://www.nrc. gov) under the FedWorld collection

- link on the home page tool bar. The document will be available on the NRC home page site for U0 days after the signature date of this notice.

i Comments and questions should be directed to the OMB revbwer by (insert date 30 days after publication in the Federal Reaister):

- Norma Gonzales Omce of Information and Regulatory Affairs (3150-0046)

NEOB 10202 _

_ Office of Management and Budget' Washington, DC 20503 Coinments can also be submitted by telephone at (202) 390-3084.

The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

Dated at Rockville, Maryland, this // A day of M*-u.o,/sf- 1997.

For the Nuclear Regulatory Commission.

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' gen .Shgn, RRCttearance Officer Office of Cnief Information Officer D

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PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For aridational forms or assistance in completing this your agency's Paperwork Clearance Officer, Send Officetwo copies ofand of Information this form, the Regulatory collection Affairs, Office of instrument, Supporting Statement, and any additional documentation to:10102,72517th Street hiW Washington, DC 20503

- Mmeegement and Budget, Docket Ubrary, Room

1. Agency / Subagency originating request 2 OMB control number 0046 b. None U.S. Nuclear Regulatory Commission X a. 3150

,,,, 4 Type of review requested (check one/

J Type of Information collection rebeck one/ c. Delegated X e, Regular submission

a. New coHec* ion -

b. Emergency Approval requested by (date):

X b. Revision of a currently approved collection

a. yes

- 5. Will this ir. formation collection have a

c. Extensson of a curret.ily approved collection a cent econom pa ns --

X b.No

d. Ro6nstatement, drithout change of a previously approved substantial number of small entities?

collection r or which approval has expired

~ e. Reinstateuent, wlth change, of a previously approved X a. Three years from approval date collection for whsch approval has expued 6 Requested expwation date

f. Existing collection in use without an OMB contros number

7. . Title

' 10 CFR 25, Access Authorization for Licensee Personnel

8. Agency form number (s) (if applicable)

N/A

9. Keywords Classified information, criminal penalties, invesVgotions, security measures, reporting and recordkeeping requirements

10. Abstract NRC regulated facilities and other organizations are required to provide information and maintain records ensure that an adequate level of protection is provided NRC classified information and material.

12. obligation to respond rasare prenary <ra v* amt as others ther app & we x*/

11 < Af f acted pubhc fara,a pr6=ary w.re 'e' ead a# ethers raar app + wera *x's

a. Voluntary e individuals or households d. Farms

b. Required to obtain or retam benefits P b. Business or other fooprofit X e. Federal oovernment

~ c. Mandatory

f. two. Local. or Tnbal oovernment P

c. Not for profit anstitutions

14. Annw reporting and recordkeeping cost burden en rAousamts oriroaars/

13. Annuel reportmg and recordkeeping hour burden e. Total annuaksed capital /startup costs 0

e. Number of respondents 20

b. Total annual costs (o&M) O

b. Total annuel responses 622

c. Total annualized cost requested O L Percentage of these responses

d. Current OMB Inventory 0 conected electronically g

• Diff *'ance o

c. Total annual hours requested 257

f. Empianation of difference

d. cunent oMB Inventory 203

1. Program change

e. oifference 64

2. Adiustment

f. Explanation of difference

1. Program change 64 2 Adiustment

16. Frequen'., of recordkeeping or reporting (Checi a# ther app 41

15. Purpose of mformation cohection .

/ Mart primary WrA *P' and s# others ther apply Mth *X*/ Y a. Recordlieeping X b. Th,rd party disclosure Y e. Program planrung or management T c. Reporting -

s. Apphcotton for benefits ~

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2. Weekly 3. Monthsy x 1. on occasion i b. Program evaluation f. Research ~ ~

6. Someannually 6. AnnuaHy

4. ouarterly

c. Generet purpose statstice T

g. Regulatory or comphanr:e 8 Other (descnbe) d## 7. B.enniaHy 18 Agerny contact tverson who can best answer questions regar&g the

11. statsstical methoss content of th,a subm,ssoont Does ttus information costection employ statistical methods?

Name: Beth Bradshaw X No l _] Yes Phone: 301-415-6540 10!95 OMS 831 r

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19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency,I certify that the collection ofinformation encompassed by this request complies with 5 CFR -

-1320.9.

NOTE: The text of 5 CFR 1320.9, and the related pr< visions of 5 CFR 1320.8(F)(3), appear at the end of the instructions.-

. The certt}ication is to be made with reference to those regulatoryprovisions as setforth in the instructions.

The following is a summary of the topics, regarding the proposed collection ofinformation, that the certincation 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 us.:s plain, coherent, and unambiguous terminology that is understandable to respondents;

- (e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices; It indicates the retention periods for recordkeeping requirements; (f)

(g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected; (ii) Use ofinformation; (iii) flurden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of conSdentiality; and (vi) Need to display currently valid OMI) control number; (h) It was developed by an ofDcc that has planned and alkxated resources for the ef6cient and effectiw mana use of the information to be collected (see note in item 19 of the instructions).

It uses effective and ef0cient statistical survey methodology; and (i)

(j) It makes appropriate use of information technology.

if you are unable to certify compliance with any of these provisions, identify the item below and explain the reaso of the Supporting Statement.

Date Signature Senior Official or designee .

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$/7 O 10/95 (6503 j [

OMB SUPPORTING JTATEMENT FOR 10 CFR PART 25 Access Authorization for Licensee Personnel (3150-0046)

Revision to Extension Request Descriotion of the Information Collection Part 25 esta'ulishes procedures for granting, reinstcting, extending, transferring, and terminating access authorizations of licensee personnel, licensee contractors or agents, and other persons (e.g., individuals involved in adjudicatory procedures as set forth in 10 CFR Part 2, subpart 1) who may require access to classified information. There is a total of 20 licensees and other organizations in the reporting and recordkeepic.g requirements of this information collection.

Each licensee or organization employing individuals approved for personnel security access authorization under this part, shall maintain records pertaining to the personnel access authorization, a 'ermination, cancellation or reinstatement or a request for exemption from Part

25. These records are subject to review and inspection by Cognizant Security Agency (CSA) representatives during security reviews. Reports such as, notification of access authorization requests, NRC Form 237, and classified visits are submitted "upon occasion" as prescribed in Part 25. Since the last clearance, the burden has increased from 203 hours0.00235 days <br />0.0564 hours <br />3.356481e-4 weeks <br />7.72415e-5 months <br /> /460 responses to 257 hours0.00297 days <br />0.0714 hours <br />4.249339e-4 weeks <br />9.77885e-5 months <br /> /522 responses due to the 10 CFR Part 25 and 95 rule, " Access Authorization for Licensee Personnel and Security Facility Approval and Safeguarding of National Security information and Restricted Data," codified April 11,1997 (ti0 FR 17683) and due to the Division of Facilities and Security staff recalculation of the burden since its implementation. The rule was implemented to ensure conformance with the National Industrial Security Program Operating Manual, and Executive Orders 12958, " Classified National Security Information," and 12968, Access to Classified Information," that deals with requirements for access to and protection of classified information.

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information.

10 CFR Part 25 contains numerous reporting, recordkeeping and application requirements, including requirements for submittal of personnel security access authorization and access authorization renewal requests, security recordkeeping requirements and security reporting and notification procedures relative to access authorizations. In all cases, the requirements are necessary to help ensure that granting individuals, covered by this Part, access to classified information will not endanger the U. S. common defense and national security.

Essentially, all of the reporting, recordkeeping and application requirements are neessary for one or more of the reasons listed below.

a. To obtain the essential data from individuals necessary to determine their eligibility or continuing eligibility for an NRC access authorization for access to classified information. These information requirements are derived from pertinent statutes and Executive Orders which authorize background investigations on an individual's character, associations and loyalty,

b. To obtain essential data describing normal operating procedures pertinent to personnel security and visitor cnntrol activities to ensure that regu'atory requirements are being met by licensees and other organizations.

c. To obtain essential data which serves as the basis for determining continued eligibility of an individual for an NRC access authorization when occurrences or developments at:se which may affect the initial determination.

Tha information collection requirements of 10 CFR Part 25 are identified and explained below:

25.11 Exemotion Reauests. The information and justification required by this section are used to determine whether an exemption can be granted. The submittal is necessary from any person (as defined in tne Part) who requires access to classified information, seeking exemption from the requirements of Part 25. Documentation related to the request, notification and processing of an exemption shall be maintained for three years beyond the period covered by the exemption.

25.17(b) eccess Authorization Reauest. The access authorization request must be submitted to the facility's Cognizant Security Agency (CSA). If the NRC is the CSA, the procedures in $25.17(c) and (d) will be followeo. If the NRC is not the CSA, the request will be submitted to thc CSA in accordance with procedures established by the CSA. The NRC will be notified of the request by a letter that includes the name, social security number ar'd level of access authorizatinn. If NRC is not the CSA, the burden is insignificant because the liccnsee must only furnish NRC with a copy of what is sent to the CSA.

This information is used to verify the identity of the employee for whom access authoriza; ion is requested and ensures that the licensee or other organization endorses the request.

25.17(c) NRC Access Authorization Reauest Form. The reo'iest must include a completed personnel security packet (see $25.17(d)) and NRC Form 237 (OMB Clearance No. 3150-0050) signed by a licensee, licensee contractor official, or other authorized person.

3 The information and signature required by this section are'used to verify the identity of the employee for whom access authorization is requested and ensures (through the signature of a licensee, licensee contractor or other organization official) that the licensee or other organization official endorses the request.

25.17(d)(1) Personnel Security (Access Authorization) Packet. Each personnel security packet submitted must include a Questionnaire for National Security Positions (SF-86, Parts 1 and 2); two standard fingerprint cards (FD-258);

Security Acknowledgment (NRC Form 176); and other related forms where specified in accompanying instructions. Only an NRC Form 176 is required from any person possessing an active access authorization, or who is being processed for an access authorization, by another Federal agency.

The information required by this section provides the pertinent data necessary to conduct an initial or update investigation to determine th3 respondent's trustworthiness and his/her eligibility for access to National Security Information or Restricted Data. The information submitted on the SF 86, Parts 1 and 2 (OMB Clearance No. 3206-0007 [ DOE])is reviewed by the Division of Facilities and Security staff and forwarded to the appropriate investigating agency. In those cases where the respondent already has a security c;earance granted by another Federal agency, alternative sources (other agency records) may be used to obtain this information.

25.19 Processina Acolications. Each application for access authorization or access authorization renewai must be submitted to the CSA. If the NRC is the CSA, the application and its accompanying fee'must be submitted.to the NRC Division of Facilities and Security. This information collection is covered in Section 25.17(a).

25.21(b) Egoortino Personnel Security Data. The CSA must be promptly notified of developments that bear on continued eligibility for access authorization throughout the period for which the authorization is active (e.g., persons who marry subsequent to the completion of a personnel security packet must report this change by submitting a completed NRC Form 354, " Data Report on Spouse" (OMB Clearance No. 3150-0026) or equivalent CSA form).

The reports and information required by this section ensure that personnel security records are kept up-to-date and that any developments or circumstances which may have an impact on an individual's continued access authorization eligibility are properly and accurately evaluated. This evaluation enables NRC to carry c9t the regulatory intent to safeguard NRC classified information.

25.21(c)(1)&(2) Renewal Anotications. An application for renewal must be submitted at least 120 days before the expiration of the five year period. It must include a statement by the licensee or other person that the individual continues to require access to classified National Security information or Restricted Data

4 and also include a personnel security packet as described in $25.17(d).

Renewal applications and the required paperwork are not required for individuals who have a current and active access authorization from another Federal agency and who are subject to a reinvestigation program by that agency that is determined by the NRC to meet the NRC's requirements. Any individual who is subject to the reinvestigation program requirements of another Federal agency who does not submit reinvestigation forms to that agency within seven years of the previous submission shall submit a renewal application to the NRC using the forms prescribed in $25.17(d) before the expiration of the seven-year period. If the NRC is not the CSA, reinvestigation program procedures and requirements will be set by the CSA.

25,23 Notification of Access Authorization Acoroval. Upon receipt of the notification of original grant of access authorization, the licensee or organization shall obtain an executed ' Classified Information Nondisclosure Agreement" (SF-312) from the affected individual, An employee issued an initial access authorization shall execute an SF-312 before being granted access to classified information. The licensee or other organization shall forward the executed SF-312 to the CSA for retention. If the employee refuses to execute the SF-312, the licensee or other organization shall deny the employee access to classified information and submit a report to the CSA. The SF-312 must be signed and dated by the employee and witnessed. The employee's and witness' signatures must bear the same date. The individual shall also be given a security orientation briefing in accordance with 995.33 of this chapter. Based on past experience, no individual has refused to execute the SF-312. Therefore, no burden is expected for this report. Records of. access authorization grant and renewal notification must be maintained by the licensee or other organization for three years after the access authoriza+ ion has been terminated by the CSA.

The reports and information required by this section ensure that only individuals who have agreed to properly protect classified information have access to such information. The maintenance of access authorization grant and renewalletters permits review and confirmation dunng prescribed NRC surveys that only

- properly authorized employees have had access to classified information. This recordkeeping requirement ensures these records are available for review by NRC inspectors and that they can be compared against records held by the NRC Division of Facilities and Security. The records under this section must be kept

- for three years fo! lowing the access authorization termination date.

25.25 Access Authorization Cancellations. When a request for an individual's access authorization or renewal of access authorization is withdrawn or cancelled, the requestor shall notify the CSA immediately by telephone so that the full field investigation, National Agency Check with Credit investigation, or other personnei ecurity action may be discontinued. The requestor shall ident.fy the full name and date of birth of the individual, the date of request, and the type of access authorization or access authorization renewal requested. The requestor shall confirm each telephone notification promptly in writing.

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5 The information required by this section is necessary each time a licensee or other organization wishes to withdraw or cancel an access authorization or access authorization renewal they have requesteo. The information is used by NRC to terminate its processing of the individual and to notify the investigating agency that the investigation may also be cancelled. This action saves the U. S.

Government specific processing costs and curtails unnecessary investigations and invasions of privacy.

25.27(a) & (b) Reocenino Cancelled Recue.ita. In conjunction with a new request for access authorization (NRC Form 237 or CSA equivalent) for individuals whose cases were previously cancelled, new fingerprint cards (FD-257) in duplicate and a new Security Acknowledgment (NRC Form 176), or CSA equivalents, must be furnished to the CSA along with the request. Additionally, if 90 days or more have elapsed since the date of the last Questionnaire for National Security Positions (SF-86), or CSA equivalent, the individual must complete a personnel security packet (see @25.17(d)) The CSA, based on investigative or other needs, may require a complete personnel security packet in other cases as well.

This information is used by NRC to reopen and complete the access authorization processing and to determine the respondent's trustworthiness and eligibility for an access authorization.

25.29(a) & (b) Access Authorization Reinstatement. An access authorization can be reinstated provided that no more than 24 months has lapsed since the date of termination of the clearance;there has,beerino break ire employment with the employer since the date of termination of the clearanct ; there is no known adverse information; the most recent investiga lon does not exceed 5 years (Top Secret, Q) or 10 years (Secret, L); and the most recent investigation meets or exceeds the scope of the investigation required for the level of access authorization that is to be reinstated or granted. An access suthorization can be reinstated at the same, or lower, level by submission of a CSA-designated form to the CSA. The employee may not have access to classified information until receipt of written confirmation of reinstatement and an up-to-date personnel security packet is furnished with the request for reinstatement of an access authorization. A new Security Acknowledgment will be obtained in all cases.

Where personnel security packets are not required, a request for reinstatement must state the level of access authorization to be reinstated and the full name and date of birth of the individual.

The purpose of this requirement is to provide that information which may be necessary (depending upon when the access authorization was terminateu; to reinstate or reactivate the access authorization.

6 25.31(c) Extension or Transfer of the Individuars Access Authorization.

Requests for extension or transfer of access authorization must state the full name of the person, his date of birth and level of access authoilzation. The Director, Division of Facilities and Security may require a new personnel security packet to be completed by the applicant.

These procedures and requirements pruvide the necessary information to properly identify and process an individual for an extension or transfer of their access authorization.

25.33(b) & (c) _Recortina Access Authorization Terminations. (b) A representative of the licensee or other organization that employs the individual whose access authorization will be terminated shall immediately notify the CSA when the circumstances noted in paragraph (a)(1) or (a)(2) of this section exist; shall inform the individua; that his access authorization is being terminated, and the reacon; and shall be considered for reinstatement of access authorization if he resumes work requiring it. (c) When an access authorization is tc be termincted, a representative of the licensee or other organization shall conduct a security termination briefing of the individualinvolved, explain the Security Termination Statement (NRC Form 136 or CSA approved form)(OMB Clearance No. 3150-0049) and have the individual complete the form. The representative shall forward the original copy of the Security Termination Statement to the CSA.

l These procedures are required to ensure that an individuars access l

authorization is properly terminated whenever his/her need for access has expired or the individua! has been found ineligible for a continuing access authorization.

25.35(a) Classified Visits. The number of classified visits must be held to a minimum. The licensee, certificate holder, or other facility shall determine that the visit is necessary and that the purpose of the visit cannot be achieved without access to, or disclosure of, classified information. All classified visits require advance notification to, and approval of, the organization to be visited. In urgent cases, visit information may be furnished by telephone and confirmed in writing. Notifications of visits shall consist of a Visit Authorization Letter (VAL) prepared in accordance with 25.35(c).

25.35(d) Classified Visits - Chances. Classified visits may be arranged for a 12 month period. The requesting facility shall notify all places honoring these 'cisit arrangements of any change in the individual's status that will cause the visit request to be cancelled before its normal termination date.

These procedures ensure that only properly authorized individuals who require access to classified matter as a part of their o'ticial duties will have such access dunng visits to other facilities and agencies. They also require the requesting l

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7 facility to notify places receiving long term visit requests of any changes in the individuars status as they occur.

Except as noted for &25.17 (d), there is no duplication with any other Federal

. agency reporting requirements for all of the above. For each of the reporting requirements, the respondent is not required to submit more than two copies of any response.

2. Acency Us; of Information. Personal history information which is submitted by applicants for access authorizations or access authorization renewal is reviewed, evaluated by Division of Facilities and Security personnel and provided to OPM which conducts background investigations. The NRC reviews the data from these investigations and makes determinations regarding the eligibility of applicants for access or continued access to classified information. Classified visit information is also processed and verified by Division of Facilities and Security personnel. If the information collection was not conducted, individuals would not be permitted access to NRC classified information or be permitted to make visits involving NRC classified information.

3. Feduction of Burden throuch Information Technofoav. There is no significant impact upon the information collection requirement through the application of information technology. Or'! a small portion of other agency information (e.g.,

$25.17(d) and s25.21(c)(2)]is available through information technology means.

Most of the information is obtained directly from the individual affected and is received by NRC in hard copy form.

4. Effort to identifv Duolication and Use Similar Information. These requirements and procedures have been used by the Department of Energy to collect similar information. Similar requirements and procedures are used by other govemment agencies. Whenever possible, NRC uses these alternative sources of information. However, personal history information is time perishable and may need to be supplemented and updated.

5. Effort to Reduce Small Business Burden. N.one of the licensees affected qualify as smaii business enterprises or entities.

6. Consecuences to Federal Procrar, or Policy Activities if the Collection is Not Conducted or is Conducted Less Frecuentiv. If the information is collected less frequently, the assurance that only appropriately cleared individuals have access to NRC classified information is reduced, which may endanger the U. S.

common defense and national security. Classified information may be compromised if fumished to individuals without an access authorization or an out-of-date access authe ization.

7. ~ Circumstances WHeh Justifv Variation from OMB Guidelines. There is no variation from OMB Guidelines in this collection of information.

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8. Consultations Outside the NRC. An opportunity to comment on the 10 CFR Part 25 information collection requirements was pubilshed in the Federal Reoister on October 3,1997 (62 FR 51914). There were no comments.

9. Pavment or Gift to Resoondents. Not applicable.

10. Confidentialttv of the Information. The information collected is used to determine an applicant's eligibility for access authorization or continuation of access authorization. The information is protected from public disclosure under the Privacy Act of 1974 and is handled in accordance with routine uses specified in the Privacy Act Statement provided with or on each form.

11. Justification for Sensitive Questions. Sensitive information collecte.1 includes questions on the SF-86 about such matters as firings from a job, criminal history record, and use o' illegal drugs (authorized under OMB No. 3206-0007) and is used as the basis for an investigation; the social security number on the NRC Fonn 237 (authorized under OMB No. 3150-0050) is used to ensure accuracy of these records; and the name, date and place of birth of the individual's spouse and the spouse's immediate relatives on the NRC Form 354 (authorized under OMB No. 3150-0026)is used as a basis for an investigation.

12. Estimated Burden and Burden Hour Cost. The burden estimates for 10 CFR Part 25 information collection requirements are based on submittals to NRC in past years. The cost to the licensees is calculated at a rate of $125 per hour for professional staff for preparation of the reports prepared in response to the 10 CFR Part 25 Information collection. requirements. This rate is based on NRC's fully recoverable fee rate and includes both salaries and overhead.

The total annual burden and cost for complying with the information collection requirements in Part 25 is estimated to be about 257 hours0.00297 days <br />0.0714 hours <br />4.249339e-4 weeks <br />9.77885e-5 months <br /> at $32,125 (see Attachment A).

13. Estimate of Other Additional Costs. Not applicable.

14. Estimated Annualized Cost to the Federal Government. The professional effort associated with these requirements includes reviewing the SF-86's and other personnel security forms required for access authorization processing; evaluating reports of developments which may affect continued eligibility for access authorization; and renewing, reinstating or transferring access authorizations. The estimated cost to the Federal Government for professienal effort is based on current and past experience under 10 CFR Part 25.

228 brs. X $125/hr. =- $28,500 The clerical effort associated with these requirements includes requesting background investigat!ons required for access authorizations; processing name changes; processing visit requests and cancelling and terminating access

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9 authorization requests. The estimated cost to the Federal Government for clerical effort is based on current and past experience under 10 CFR Part 25.

300 hrs. X $45/hr. = $13,500 The annual cost for the record holding requirement is:

1 cubic ft. X $209/ cubic ft. = $209 Total annual cost = $42,209 These costs are fully recovered through fee assessments to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

15. Reacons for Chanoffn Burden or Coll.

The burden and responses were increased because of staff experience with the recently codified 10 CFR Part 25 and 95, " Access Authorization for Licensee Personnel and Security Facility Approval and Safeguarding of National Security information and Restricted Data " Experience has shown that both burden and responses were initially underestimated..

16. Eublication for Statistical Use. There is no statistical use or publication of information collected.

17. Reason for .40t Disolavino the Exoiration Date The requirement will be.

contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication, could become obsolete would be unduly burdensome and too difficult to keep current.

18. Exceotions to the Certification Statement. Not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STAT'STICAL METHODS Not applicable.

ATTACHMENT A 10 CFR PART 25 BURDEN ESTIMATE Hours Total Cost 'I No. of Annual Total per- Burden to Section Requirement Rspndnts Rsoonses Rsponses Response Hours ' Rspdnt (5)'

Reoortino 25.11 Exemption Request 1 1 1 1.8- 1.8 225 .

i

^

25.17(b) Access Authorization Request Burden included in NRC Form 237, cleared under OMB -

4 , umber 3150-0050.

25.17(c) NRC Access Authorization Request ' Form ,leared under OMB number 3150-0050.

NRC Form 237 25.17(d)(1) Personnel Security Packet Form cleared under OMB number 3206-0007.

SF-86 '

25.19 Processing Applications Covered under Section 25.17(b) 25.21(b) - Reporting Personnel Security Form cleared under OMB number 3150-0026.

• Data - NRC Form 354 ,

25.21(c)(1)&(2) NRC Access Authorization Request Form cleared under OMB number 3150-0050.

NRC Form 237 25.23 Notification of grant of 20' 15 300 .1 30 3750 access authorization -

SF-312 3 i

25.25 Access Authorization 12 10 120' .25 ; 30' 3750 i Cancellation i

a  ;

Hours Total Cost No. of Annual Total per Burden to Section Requirement Rspndnts Rsponses Rsponses Response Hours Rspdnt

($)

25.27(a)&(b) Reopening Cancelled Requests 6 4 24 2 48 6000-25.29 Access Authorization ~6 5 30 2 60 7500 .

Reinstatement 25.31(c) Extension or Transfer of Access 12 1 12 1.5 18 2250 .

Authorization 25.33(b)&(c) Reporting Access Authorization Form cleared under OMB number 3150-0049.

Terminations - NRC Fomi 136 25.35(a) Classified Visits 5 4 20 .25 5 625 25.35(d) Classified Visits - Changes 5 3 15 .25 3.75 469 Totals 522 196.55 24,569

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ATTACHMENT A 10 CFR PART 25 BURDEN ESTIMATE No. of Annut.: Total Cost to Rcrdkpts Hours Rcrdkpng Respondnt ,

per Hours -

Section Requirement / Record Retention Rcrdkpr c.

Recordkeeoino 25.11 Exemption Request (3 yrs) 2 .2 .4 50 25.23 Notification of Access Authorization 20 3 60 7500 Approval (3 yrs)

Totals 60.4 7550 Total Reporting and Recordkeeping Burden Hours =256.95 (257)

Total Cost to Respondent =$32,119

UNITED STATES NUCLEAR REGULATORY COMMISSION RULES cnd REGULATIONS m TITLE 10, CHAPTER 1, CODE OF FEDERAL REGULATIONS-ENERGY m

25.5 PART ACCESS AUTHORIZATION FOR UCENSEE PERSONNEL 25 General Provisions General Provisions

% Authority:Seca. 145,161,68 Stat. 942, y'.1' Npose" 948, as amended (42 U.S.C. 2185,2201); sec.

25 201,88 Stat.1242, as amendad (42 U.S.C. -

[h,,, f 5841): E.O.10865, as amended,3 CFR 19hS-- $ 25.1 Purpose.

217 gnupanons.

• 1963 Comp., p. 398 (50 U.S.C. 401, note):

25. t E .G.12829,3 CFR,1993 Comp , p. 770: E.O. > The regulations in this part establish ormanon collecten requirernenu: E 12968,3 CFR,1995 Comp., p. 333:E.O. procedures for granting, reinstating, 25.9 Con nica ons. U 12968,3 CFR.1995 Comp., p. 3%. extending, transferring, and terminating 25.11 Specific exemptions. Appendix A also luued under 96 access authorizadons oflicensee 2513 Maintenance of records. Stat.1051 (31 U.S.C. 97G1), Personnel. licensee coc'ractors or agents, and other persons (e.g.,

individuals involved in adjudicatory Access Authorizations procedures as set forth in 10 CFR Part 2, subpart I) who may require access to 25.15 Access pernutted under "Q* or 'L' classified information.

access authorita: ton.

25.17 Approval for orocessing applicanu for access autho"Ition. $ 25.3 - Scope.

~

t and The regulations in this part apply to conunued eligibiltty for acces,  :: licensees and others who may require authorisauon. cc access to classified information related 25.23 Nouficanon of grant of access h to a license or an application for a auttaruation. license.

25.25 Cancettauon of requ su for access authoruation.

, 25.27 Reopening of cases in which '

requesu for access authoruauons g 25.5 Definitions, are cancelled, Access authorization means an

.35,29 Reinstatei,unt of access administrative determination that an 2utho* tin individual (including a consultant) who 25.31 Extensions and transfers of access is employed by or an applicant for 25.[3Te i n of access authoruations. employment with the NRC, NRC contractors, agents, licensees and certificate holders, or other person designated by the Executive Director for Cteselfied Visits Operations, is eligible for a secusity 25.35 Classified visiu.

Information.' "'""

~

Violations 25.37 V.iolations.

25.39 Cnminal penalties.

APPENotx A-FEr.s roa i,RC ACCESS AI/rHORr2AT10N 25-1 April 30,1997 4.

25.5 25.5 PART 25 e ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL "Act" means the Atomic Energy Act "L" access authorization means an " Person" means [1) any individual.

Cf 1954 (88 Stat. 919). as amended. access authortsstion granted by the corporauon, partnership. firm.

Q Commission which is normally based on anociadon. trust. estate. public or i

g  ;- a national agency check and cradit private institution, group, government g investigation (NAC&C) or national agency uher than the Commission or I a the Department of Energy (DOE). except 8 gency check, L quiries and credit L N^Cic) coaducied by th - th i the oot sh li b coa idered -

L=invesi>ssiion ce a r m a = i u - s =*at- Per oa ia th ext ai th iiacili'ie' ar-subject to the licensing and related

= " License" means a license issued regulatory authority of the Commission l > Certificate holder means a facility a pursuant to to CFR Paris so,10, or 71. pursuant to section 202 of the Energy cperating under the provisions of Parts E

• Matter" means documents or Reorganization Act of 1974 and sections 71 or 76 of this chapter.  % material. 104.105 and 202 of the Uranium Mill Class /fledinformodon means either f Tailings Radiation Control Act of1978.

classified National Security Information, ~

any State or any political subdivision of, Restricted Data, or Formerly Restricted or any political entity within a State, Data or any one of them. It is the generic 14tional Security Information, any foreign government or nation or any 1:rm for information requiring . means information thai has been political subdivision of any such-4 totection in the interest of National  ; deterrnined pursuant to Executive Or er . government or nation, or other entity:

4 ocurity whether classified under an  ; 1235e or any predeceuor order to g and [2] any legal successor,

"" " p Ex:cutive Order or the Atomic Energy g $c"! E#7nd that s soje gnated Ib'r,n n aun, re g ageat, or agency of the Oassified NationalSecurity Accus Authorisadon means an Information means information that has -

acceu authorization granted b the bezn determined pursuant to E.O.12958 4

or any predecessor order to require iny e igation condu ed b e Office of

" Personnel Management, the Federal protection against unauthorized Bureau of Investigation, or other U.S.

disclosure > Nmf.to.know means a determination Govemment agency which conducts Cognlaant and thatAgency Jecurity is so desig(nated.

CSA) made by an authorized holder of personnel security investigations.

E misns agenclos of the Executive Branch g th:t have been authorized by E.O.12829 sg classified information that " Restricted Data" mesas all data recipient requires access to aspecific prospective concerning design, mr '1facture or to establish an industrial security "

utilization of atomic w, cons, the program for the purpose of safeguarding E classified assist in a lawfulinformation and outto erform or orized production of special nuclear material.

clissified information under the 2 governmental function under the or the use of special nuclear materialin juri: diction of those agencies when cognizance of the Commisalon. the production of energy, but shall not disclosed or released to U.S. industry. Include data declassified or removed These agencies are the Department of -

from the Restricted Data category Defense, the Department of Energy, the pursuant to Section 142 of the Act.

C:ntralIntCligence Agency, and the , . , ,

Nucl:ar Regulatory Commlaston. A

' - facility has a single CSA which ex:rcises primary authority for the protection of classifled information at > Visit authorization letters (VAL) thz facility, The CSA for the facility means a letter, generated by a licensee, provides security representation for certificate holder or other organization

. oth:r government agencies with security g under the requirements of to CFR Parts int 2nsts at the facility. 't he Secretary of je 25 and/or 95, verifying the need to-Def;nse bu been designated as  ; know and accus authorization of an Executive Agent for the National u. Individual from that organization who Industrial Security Program. O needs to visit another authorized facility for the purpose of exchanging or acquiring classified information related s to the license.

I "Comminion" means the Nuclear 5 Regul: tory Commission or its duly 5 authorized representatives.

E C

L April 30,1997 25 2

25.7 25.13(h)

PART 25 e ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

=

(c) Th s part contains information S 25.13 fumenance of recorda.

l ss.7 % collectio i requirernents in addition to Except as specifically authorized by p ia) Each licensee or organization those sp;aved under the a:ontrol -

g the Ccamission in writing, no number spe sfied in paragraph (a) of t, > @personnel employing individuals security approved for access authorization

interpretation of the meaning of the section. Then i information co!!ection

• - regulations in this part by any officer or under this part, shall maintain records E employee of the Commission other than requirements anu ..; J.antrol numbers - E as prescribed within the part. These under which they are approved are as g records are subject to review and

' $ a written interpretation by the General Counsel will be recognized to be binding follows: inspection by CSA representatives upon the Commission. (1) In ll 25.17(h). 23.21(c),25.27(ej. during security reviews.

25.29, and 25.31, NRC Form 237 is g; approved under control number 3150-

0050.

" a- (2) In l l 25.17(c). 25.21(c). 25.27(b). -

$ 25.8 It' formation collection Z 25 29. 25.31, SF-86 is approved under requirements: Otsel approval. ** control number 31504007. (b) Each record required by thin cart (3) In i 25.21(b), NRC Form 354 is must be lepble throughnut the retention

> (al'!he Nuclear Regulatory approved under control number 3150 period specified by each Commission Commission has submitted the

. Information collection requirements 0020. reFulation.The record mav be the (4) In 125.33. NRC Form 130 is origmal or a reproduced copy or a contained in this part to the Office of microform provided that the copy or Management and Budget (OMB) for approved under control number 3150, microform is authenticated by approval as required by the Paperwork ora 3.

(5)In 125.35. NRC Form 277 is

authr'nted personnel and that the

. Reduction Act (44 U.S.C. 3501 et seq.).  ;: microform is capable of producmp a

@ The NRC may not conduct or sponsor approved under control number 3150 0051,  ; clear copy throughout tne requirt c b . and a person is not required to respond S retention period. Tne record may also be E to a collection ofinformation unless it -

stored in electroruc media with the g displays a currently valid OMB control capabihty for producing legible, number. OMB has approved the a,ccmate, and complete records durmg information collection requirements ine required retention penod. Records contained la this part under control such as letters, drawmps. specihcaoons.

number 3150-0046. must include all pertment information

[ g as.e conununione ne.

(b) The approved information such as stamps, initials, and signatures R Except where otherwise specified all The licenses shall maintam adequate collection requirements contained in 4 communications and reports concoming thia part appear in $$ 25.11,25.17 safeguards against tampenng with and E the regulations in this part should be 25.'ll,25.23,25.25,25.27,25.29,25.31, ' addressed to the Director, Division of loss of records.

25.33, and 25.35.  ; Security, LJ.S. Nuclear Regulatory

- [Commiselon, Washington D C. 20S58.

l 38.11 Speeles esempaene.

'!he Commission may, upon application of any interested party.

grant an exemption front *,e

? requirements of this part 25. Exemptions Si will be granted only if they are

{ authorised by law and will not w -onstitute an undue risk to the common G uafense and security. Documentation related to the request, notification and processing of an exemption shallbe maintained for three years beyond the period covered by the exemption.

I i s l

25-3 April 30,1997 L

l

15.15(c) 25,17(f)

PART 25 e ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

~

Aenese Amabedsat6ees . g 35.17 Approval for procesolog appilcanta (I) Questionnaire for National Security I as r m m m eer o , ****** **'h*'lastion. Positions (SF-86, Parts 1 and 2) (Part 2 Y eseeen emmenssaan, ) (a) Access authorizations must be is to be completed by the applicant and e A "Q" accese authorisation requested for licensee employees or placed in a sealed envelope which is to i pe(rm)lb an individual access on a need. other persons (e.g.10 CFR Part 2, be forwarded to NRC unopened. No teknow beste to (1) Secret and subpart I) who need access to classified licensee, licensee contractor official, or I,,

a Confide:tiel Rntricted Data and (2)

Information in connection with other person at a facility is permitted to

Secret cnd Confidential National activities under to CFR parts 50,52,54, review Part 2 information);

e Security it armationinclHias 70, Pt. or 76, (ii) Two standard fingerprint cards intelligence information, CRWTO (i.e, (FD-258),

(,; g he request must be submitted to gpt phic information)

""' U"""

or other the facility CSA. lf the NRC is the CSA, (iii) Security Acknowledgment (NRC Form 176); and the procedures in $ 25.17 (c) and (d) will I-(CObtSEC f ""* 'i "' .. be followed. If the NRC is not the CSA, (iv) Other related forms where

~

specified in accompanying instructions (b) An *l." seceu authodistion k the '"Iuest will be submitted to the CSA permite en individual accese on a need- n In accordance with procedures (NRC Form 254)

(2) Only a Security Acknowledgment to-know beste to Confidential Rutr!cted g established b the CSA. The NRC will (NRC Form 176) need be compl eted bY D be notified o the requwt by a letter that includes the name, Social Security e

,QPe "" '

l" Dats cad Secret and Confidential N:tirnd Security Information other then

, the c legories a fically included in . number and level of access 9du r o i be g e d a par: graph (a)o this section.In addition, for an accou authorization, by another authorization.

Federal agoney. The active or pending 8: ece:ee t3 certain Confidential COhtSEC (c) The request must include a access authorintion must be at an information le permitted as authorised completed personna) security packet equivalent level to that required by the by a N:tional Communicatione Security (see 5 25.17(d)) and request form (NRC NRC and be based on an adequate Committee waiver dated February 14 Form 23/) signed by a licensee, licensee invest!gation not more than five years

, tess. contractor official, or other authorized old.

person, (e) To avoid delays in processing (d)(1) Each personnel security packet requests for access authorizations, each

' (c) Each employee of the Commission submitted must include the following security packet should be reviewed for le processed for one of the two levels of completed forms: completeness and correctness access cuthorisation. Licensees and (including legibility of response on the cther persons will furnish Netional Security Information and/or Restricted Dets to a Commiselon employee on l- authorization forms)before submittal.

(f) Applications for access or access authorization uffici;l businese when t% employee he. E renewal processing that are submitted to U the cppropriate level rf MC access g the NRC for processing must be

. E euthortsation and ne know.Some accompanied by a check or money e individuals are perm, a begin NRC order, payable to the United States employment without a, ees Nuclear Regulatory Commission,

" authorisation. However, no NRC representing the current cost for the employee shall be permitted accue to processing of each "Q" and "L" accou any cl:solflod information until the authorization, or renewal request.

cppropriate level of accese authorisation Access authorization and access has been granted to that employee by authorization renewal fees will be

1. published each time the Office of PersonnelManegement notifies the NRC of a change in the rates it charges the NRC for the conduct of investigations.

Any changed access authorization or access authorization renewal fees will be applicable to each access authorization or access authorization renewal uest received upon or after the date of blication. Applications from indi uals having current F,ederal access authorizations may be processed more expeditiously and at less cost, since the Commission may accept the certification of access authorization and investigative data from other Federal Covernment agencies that grant personnel access authorizations.

April 30,1997 25-4

- _ _ _ _ _ _ _ _ _ _ - _ \

25,19 25,21(c)

PART 25 e ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

$25.18 (Removxf] 54 FR 40859 $ 25.21 Determination of inillal and (ii) A personnel security packet as continued eligitWHty for accesa described in $ 25.17(d).

authortsation. (2) Renewal applications and the (a) Following receipt by the CSA of required paperwork are not required for the reports of the personnel security individuals who have a current and

- investigations, the s word will be active access authorization from another reviewed to determins that granting an Federal agency and who are subject to

$ 25.19 Processing applicationa* access authorization or onewal of a reinvestigation program by that agency

):= Each application for access access authorization will et endanger that is determined by the NRC to meet authorization or access authorization the common defense and sec#ty and is the NRC's requirements. (The DOE renewal must be submitted to the CSA. clearly consistent with the national Reinvesugation Program has been If the NRC is the CSA, the application interest. If this determination is made, determined to meet the NRC's and its accompanying fee must be access authorization will be granted or requirements), For these individuals, submitted to the NRC Division of renewed. If th9 NRC is the CSA, the submfulon of the SF-86 by the Security. If necessary, the NRC Division quesuons as to initial or conunued licensee or other person to the other eligibility will be determined in government agency ursuant to their

f. oftheSecurity appropriatemay obtain ofilce Commission approval from accordance with Part to of Chapter 1. If reinvestigation requ rements will satisfy

[ exercising licensing or regulatory another agency is the CSA, that agency the NRC renewal submission and will, under the requirements of the paperwork requirements, even if less g authority before processing the access g thar five years has passed since the date authorizauon or access authorization NISPOM, have established procedures 4 renewal request. If the applicant is at the facility to resolve questions as to - ofissuance or renewal of the NRC"Q" disapproved for processlng, the NRC E or "L" access authorization. Any NRC

@ initialor continued eligibility for access g accus authorization continued in Division of Security shall notify the ~ authorization. These questions will be re8Ponse to the provisions of this submitter in writing and return the it determined in accordance with

• established CSA procedures already in paragraph will, thereafter, not be due for original application (security packet) renewal until the date sat by the other and its accompanying fee. U effect for the facilitv. ~

g vemment agency for de next (b) The CSA must be prom tly reinvestigation of the individual notified of develo ments that bear on Pursuant to the other agency's continued eligibilfty for access reinvestigation pro ram. However, the authorization throughout the period for which the authorization is active (e g., Period of time for e initial and each subsequent NRC ,Q cr NRC L, persons who marry subsequent to the renewal appllcation to the NRC may not completion of a personnel security exceed seven years. Any individual who packet must report this change by is subject to the reinvestigation program submitting a completed NRC Form 354, requimments f an ther Federal agency

" Data Report on Spouse" or equivalent but, for administrative or other reasons.

CSAf#*)' does not submit reinvestigation forms to (c)(1) Except as provided in paragraph the agency within seven years of the (c)(2) of this section NRC "Q" and "L previous submission, shall submit a access authorizations must be renewed every five yeem from the date of renewal the forms application prescribed into the NRC

$ 25.17(d) beusinfore issuance. An application for renewal the expiration of the seven-year period.

must be submitted at least 120 days (3) li the NRC is not the CSA, before the expiration of the five year reinvestigation program procedures and period, and must include: requirements will be set by the CSA.

(i) A statement by the licensee or other person that the individual continues to require access to classified National Security Information or Restricted Data: and 25 5 April 30,1997

,_.4 - A +AL. . -

.e .

PART 25

• ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 9 25.23 Not fleetion of grant of accesa $ 25.25 Canoe 86etten of requesta for 6 2$.29 Reinstatement of accesa seceso authettaation. authorization.

autherlastion.

The determination to grant or renew When a request for an individual's (a) An access authorizauon can be :

reinstated provided that:

occess authorization will be furnished accus authorizadon or renewal of =

in writing to the licensee or organizadon access authorization is withdrawn or (1) No more than 24 months has canceled, the uestor shall notify the lapseu since the date of termination of that initiated the request. Upon receipt - the clearance; cf the notification of original grant of CSA immediatel by telephone so that accias authorization, the licensee or the full field investigation. National (2) There has been no break in em oyment with the e opt since -

erganization shall obtain, as o condition Agency Check with Credit Inver.tigation, the ate of termination o e clearance; for grant of access authorization and or other personnel security action may access to classified information, an be discontinued. The requestor shall (3) There is no known adverse informada; executed Classified Information identify the full name and date of birth (4) The most recent invasdgetion must Nondisclosure Agreement"(SF-312) of the individual, the d,'e of request, not exceed 5 years (Top Secret. Q) or to from the affected individual. The SF- and the ty e of access as horization or

. access au orization renewal requested. years (Secret. Ll; and 312 is an agreement between the United (5) The most recent lavesti atton must Stues and an individual who is cleared The requestor shall confirm each mut or exceed the sco of s for cecess to classified information. An telephone notification promptly in Investigation mquired r the level of em loyee issued an initial access writing. access audedzada that is to be -

aut orization shall execute a SF-312 g mi ted or before being granted access to classified g q gCe rization can be information. The licensee or other c: reinstated at the same, or lower. level b organization shall forward the executed E $2E27 Roopening of caeee in which 'g submisalon of a CSA designated form to b N %e em oyee may nM han SF-312 to the CSA for retention. If the cm loyee tofuses to execute the SF-312, g requeste concelegfor secess sumortaaHons are accen to classm informade unul the icensee or other organization aball receipt of written confirmation of fr deny the empi ee access to classified (a)In conjunction with a new request reinstatement and an up.to.date

' information an submit a re ort to the for access authorization (NRC Form 237 rsonnel security packet will be U CSA. The SF-312 must be signed and or CSA equivalent) for individuals {rnished with the request for whose cases were previously canceled, minstatement of an access d:ted Thiemp by!the emplo ee's an ee and witness' witnessed.

signatures new fingerprint cards (FD-257)in authorization. A new Security must bear e same data.The individual du licate and a new Security Acknowledgment will be obtained in all shall also be given a security orientation Ac owledgment (NRC Form 176), or cases. Where personnel security packets 3 " tilfing in accordance with $ 95.33 of CSA equivalents, must be furnished to this chapter, Records of access the CSA alon8 with the request.

(b) Additionally,il90 days or more

[nate e t t to e1evel of authorization grant and renewal access authorization to be reinstated and notification must be maintained by the have elapsed since the date of the last the full name and date of birth of the lic:nsee or other organization for three Questionnaire for SensiUve Positions individual to establish positive ears after the access authorization has (SF-86), or CSA equivalent, the identification. A fee, equal to the a terminated b the CSA. This individual must complete a ersonnel amount paid for an initial request, will information may a so be furnished to security packet f 9ee $ 25.17(. The be charged ont if a new or updatin other representatives of the CSA, based on investigative or other investigauon b th* NRCis require .. Commission, to licensees, contractors, needs. may require a complete or (ther Federal agencies. Notifications personnel security packet in other cases cf access authorization will not be even as well. A fee, equal to the amount paid in writing to the affected individual for an initial request, will be charged excspt: only if a new or updating investigation (z)In those cases in which the by the NRC is required. det:rmination was made as a result of a Personnel Security llearing or by Personnel Security Review Examiners: Cr (b) When the individual also is the efficial designeted by the licensee or other organization to whom written NRC notificationa are forwarded.

 . April 30,1997                                                      25 2SJ1(a)                             a                                                                                                      25.35(e)

PART 25 o ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

                                                                  $ 25 33 Termination of access                   '0. or disclosure of, classified              l
                $ 25.31 Extenatons and transfer a of accesa                                                         ,

authortzstions. authorizations. information. All classified visits require  !

                                                               )(a) Access authorizations will be                 advance notification to, and approvsl of,     I the organization to be visited. In urgent     !

terminated when: l an(a) The NRC Division of on request, extend the authorizadon of individual who possesses an access (1)Security may, Access authorizauon is no longer cases, visit informatio.: may be  ! a authorization in connection with a required; furnished by telephone and confirmed h particular employer or activity, to (2) An individualis separated from in writing. permit access to classified informadon the employment or the activity for (b) Representatives of the Federal in connection with an assignment with which he obtained an access Government, when acting in their another employer or activity. authorizadon for a period of 90 days or official capacities as inspectors. l

            ~                                                    more; or                                         investigators, or auditors, may visit a (3) An individual, pursuant to 10 CFR         licensee, certificate holder or'other's
             -                                                   part 10 or other CSA approved                    facility without furnishing advanced adjudicatory standards, is no longer             notificatlan, provided these (b) The NRC Dmsion of Secunty may.

on request. transfer an access eli ible for access authorization. representatives present appropriate o authoriration when an mdividual's . ) A t'presentative of the licensee or government credentials upon arrival. j access authorizateon under one g other organization that employs the Normally, however, Federal a emplo>cr or actnity is terminated. R individual whose access authorization representatives will provide advance [ s,multaneousl) with the mdnidual being { will be terminated shall immediately notification in the form of an NRC l'orm

         '.granted access authorization for another         w notify the CSA when the circumstances              277," Request for Visit or Access employer or activity.                       U noted in paragraph (a)(1) or (a)(2) of this        Approval." with the "need to.know" section exist; inform the individual that       certified by the appropriate NRC office his access authorization is being               exercising licensing or regulatory terminated, and the reason: and that he          authority and verification of NRC access will be considered for reinstatement of         authorization by the Division of access authorization if he resumes work          Security.
           ~                                                    requiring it.                                @ (c) The licensee, certificate holder, or
            > (c) Requesta for extension or transfer               (c) When an acceh suthorization in to e others shallinclude the following cf access authorization must state the           be terminated, a representative of the       cc information in all Visit Authorizatkn full name of the person, his date of birth       licensee or other organization shall

• Letters (VAL) which they prepare.

and level of access authorization. The conduct a security termination briefing 3 (1) Visitor's name, address, and

        @ Director, Division of Security, may                   of the individualinvolved, explain the          telephone number and certification of O require a new personnel security packet               Security Termination Statement (NRC             the level of the facility security rr (see $ 25.17(c)) to be completed by the              Form 136 or CSA approved form) and              clearance:

have the individual complete the form. (2) Name, date and place of birth, and

        $ applicant. A fee, equal to the amount                                                                 citizenship of the individual intending paid for an initial request.will be             The representative shall promptly charged only if a new or updating                forward the original cony of the                to visit completed Security Termination                        I3l             "f         rpsd investigation by the NRC is required.                                                            v slt                  I
           ~                                                      ta ment to M.                                 special access authorizations required for the visit;
          ~

(4) Name of person (s) to be visited; (d)The date of an extension or (5) Purpose and sufficient justification g transfer of access authorization may not for the visit to allow for a determination g be used to determine when a request for classifwd visit, of the necessity of the visit; and a: renewal of access authorization is (6) Date or period during which the R required. Access authorization renewal VAL is to be valid.

• requests must be timely submitted,in - (d) Classified visits may be arranged accordance with l 25.21(c). f r a 12 month period. The requesting

                                                                 $ 25.35 Ctanamed vialta.                       facility shall notify all places honoring (a) The number of classified visits q >must be held to a minimum. The                   these visit arran7ments of any changein the A licensee, certificate holder, or other the visit request to be canceled before l'.s E facility shall determine that the visit is        normal termination date.

m necessary and that the purpose of the (e) The responsibility for determining g visit cannot be achieved without access need to-know in connection with a classified visit rests with the individual who will disclose classified information during the visit. The licensee, certificate holda or other facility shall establish procedures to ensure positive identification of visitors before the disclosure of any classified information.

,. gae 2W                                                       April 30,1997

25.37(a)

                                                      *'                                                                 App. A PART 25 o ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL Appendix A to Part 25--Feee for NRC f MJF Yledeltena.                                  Access Authorisation (s) An injunction or other court order                                                         ~

may be obtained to O*'*00'I ' ** of any provision of: prohibit a violation

   * - - (1) The Atomic Energy Act of1954. 6s             gm. Access Authortaaton                     'H7 Reenstatement of *L" Accesa Au-
 . { emended;                                                thorttaborn . . ...~. ~                   '67 (2) Title !!of the Energy                ..

Extension or Trarwfor of "L" Ac-b lleorgelitetion Act of1974. as amended.- como Authortsaton . .. . t67

   # or                                                   insal"O" Access Aumrizaton .               3,800 (3) Any regulation or ordet issued              Irvtial "Q" Access Authortzation tnder these Acts.                                      (exped' led proce6 sing) .       -      4M (b) N:tionei Security Information is         E Reinstatement of Q* Access A*
                                                                                                   ' 3#

protected under the requirements and sanctions of Executive Order 12356-3 g

                                                                          - g g-       y g                                        ,

am (empediW procese-bg) . .. .- . -.-- e 4.300

• Extension or Transfer of aca ..-.- e 3.800 Emenolon or Transfer of "O" (ou.

I 28Je Catsunalponentes- pedited processeng) - -. a 4.300 lc) Section 223 of the Atomic Energy iIf N NRC determinee, based on les rev6ew Act of 1964, as amended, provides for af available data, that a fue Reid invesegason cruoinal sanctions for willful violation is necessary. e fee of $3,000 win be aesseeed (f. attempted violation of or conspiracy to violate,any regulelion Lseued under P'60' 10wilNonly s Full lee 0*Ibe08 N I'W'*finvoe69aton charge's sectiuns 161b 1814. of 1610 of the Act. 'W' fir pesyc:r.2 d section 223. all the - r:sitsens in part 25 are laeued under E one er mort of sectLams leib.1stL or 7,188o. eacept ser the sectione leseed in paragraph (b)of this section, (b) The regelettens le part 25 that ase not leeued mader esclions 141b latt, or 101-) for the purposes of secdon 2E3 ase ae iIllows: I $ 25.1. 25 3. 25.5. 25.7. 218. CC. 25.11. 25.19. 25.I5, 25.27. 25.29. 25.11. 25.37, and 25.30. April 30,1997 (reset) - 25-8}}