ML22342B203

Final Supporting Statement for NRC Form 237 - Request for Access Authorization (3150-0050)

ML22342B203
Person / Time
Issue date:	01/03/2023
From:	NRC/OCIO, NRC/OGC
To:
Shared Package
ML22342B202	List: ML22342B203
References
ADM-22-00013, 3150-0050, NRC–2022–0086
Download: ML22342B203 (4)

Text

FINAL SUPPORTING STATEMENT FOR NRC FORM 237 "REQUEST FOR ACCESS AUTHORIZATION" (3150-0050)

EXTENSION

Description of the Information Collection

Title 10, Code of Federal Regulations, Part 11, "Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Mater ial" and Part 25, "Access Authorization for Licensee Personnel," establish requirements t hat licensee personnel requiring access to either special nuclear material or classified informa tion must have an investigation of their background, and NRC Management Directive 12.3, "Personnel Security Program" establishes requirements that NRC contractors, subcontractors a nd other non-NRC individuals requiring access to classified information must have an investi gation of their background. The form is used to request the access authorization, access to spe cial nuclear material, or access to classified information. Information on the form is to deter mine if the individual has a current or prior access authorization/security clearance. The reporting requirements associated with NRC Form 237 affect approximately 70 licensee facilities and 7 contractor companies.

A. JUSTIFICATION

1. Need For and Practical Utility of the Collection of Informat ion

A completed NRC Form 237 is required to obtain or renew access to special nuclear material (10 CFR 11.15(a) (2) and (c) (1)) or classified inform ation (10 CFR 25.17(c) and 25.21(c) (1) and (2) for licensee personnel. It is also us ed to request NRC access authorizations for personnel of NRC contractors, subcont ractors, or other individuals who are not applicants for employment with NRC. Th e signature of the Authorizing Official in Block 4 must be signed on all requests. The approval of the NRC Sponsoring Official in Block 12 is required to be signed by all Contracting Officer Representatives (CORs) for contractors requiring an acc ess, but not required to be signed by anyone for Licensees. The information on the f orm will be reviewed by NRC Division of Facilities and Security (DFS) personnel. Any questions about the validity or appropriateness of the request may be referred to t he NRC office exercising contractual, licensing or regulatory authority over the requesters before processing the access authorization request.

In addition to the signatures mentioned above, the form contain s the applicants name, applicants last four digits of social security number, t he level of access authorization requested, and other appropriate remarks (e.g., p revious clearance history), and an identification of enclosures (e.g., completed personnel security packet). A personnel security packet received without this for m or without the authorizing official's signature will result in no action being taken on the access authorization request. This information collection for access authorizations benefits NRC and the Federal government by affording a greater degree of control over who is granted access to special nuclear material or classified inf ormation.

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2. Agency Use of Information

The information on NRC Form 237 is forwarded to DFS for adminis trative review and processing for access authorization. If the individual for who m access is being sought currently has an active access authorization with anothe r Federal agency, DFS may request certification of this access authorization from the agency concerned. Upon receipt of this certification, DFS will reply to the requester indicating that the requested access authorization has been gra nted. This process normally can be completed within 30 days. If the individual fo r whom access is being sought does not have an active access authorization with anothe r Federal agency, DFS will take action to obtain the type of investigation necess ary to support the level of access sought.

Upon favorable review of the completed investigation, DFS will notify the requester of the access authorization approval. If, after review of the inv estigation, DFS determines that there is a question of the individuals eligibi lity for NRC access authorization, the "due process" provisions of 10 CFR Parts 10 and 11 may be invoked.

3. Reduction of Burden Through Information Technology

The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submitta l of documents to the NRC. Electronic transmission and s ubmittal of documents can be accomplished via the following avenues: the Electronic Information Exchange (EI E) process, which is available from the NRC's Electronic Submittals Web page, by O ptical Storage Media (OSM) (e.g. CD-ROM, DVD), by facsimile or by e-mail. It is estimated that approximately 85% of the responses are filed electronically.

4. Effort to Identify Duplication and Use Similar Information

No sources of similar information are available. There is no du plication of requirements.

5. Effort to Reduce Small Business Burden

None of the licensees affected by the use of the NRC Form 237 q ualify as small business enterprises or entities. The burden associated with t his form is so minimal that there would be no significant burden on a contractor, if t hey qualified as a small business enterprise or entity.

6. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently

Since the collection of information is only required when one a pplies for access to special nuclear material or class ified information, there is no established frequency

2 for collection. In most cases, this is a one-time event and le ss frequent collection would mean eliminating the collection altogether. If the infor mation is not collected, the assurance that only individuals who are properly authorized have access to classified information or special nuclear material would be red uced. Thus, less frequent collection may endanger the U.S. common defense and na tional security.

7. Circumstances Which Justify Variation from OMB Guidelines

Not applicable.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection re quirements for this clearance package was published In the Federal Register on October 4, 2022 (87 FR 60220). Three licensee companies (GE-Hitachi, Urenco, and Duke) were contacted.

No comments were received.

9. Payment or Gift to Respondents

Not applicable.

10. Confidentiality of Information

Confidential and proprietary information is protected in accord ance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). Personal In formation provided on the NRC Form 237 is handled and protected in accordance with NRC directives and provisions of the Privacy Act of 1974, as described in the Privacy Act Statement on the form. Information is maintained in a system of records designated as NRC-39 and described in the Federal Regi ster in NRCs Republication of Systems of Records Notices on November 17, 2016 (81 FR 81348).

11. Justification for Sensitive Questions

Not applicable.

12. Estimated Burden and Burden Hour Cost

An estimated 12 minutes (based on staff experience) is required to complete each NRC Form 237. A total of 783 responses are estimated annually, resulting in a total annual burden to the public of 157 hours0.00182 days <br />0.0436 hours <br />2.595899e-4 weeks <br />5.97385e-5 months <br /> (783 responses X 12 mi nutes ÷ 60). The estimated annual cost shared among the 77 licensees/contractors is $45,216 (157 hours0.00182 days <br />0.0436 hours <br />2.595899e-4 weeks <br />5.97385e-5 months <br /> X $288 per hour).

The $288 hourly rate used in the burden estimates is based on t he Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 201 9 (86 FR 32146, June 16, 2021).

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13. Estimate of Other Additional Costs

Not applicable.

14. Estimated Annualized Cost to the Federal Government

The staff has developed estimates of annualized costs to the Fe deral Government related to the conduct of this collection of information. Thes e estimates are based on staff experience and subject matter expertise and include the b urden needed to review, analyze, and process the collected information and any relevant operational expenses.

The annual cost to NRC is estimated to be $56,376. The cost was computed as follows:

Total effort 783 X 15 minutes = 11,745 min. ÷ 60 = 196 hrs. X $288 per hr.

($56,376).

15. Reasons for Change in Burden or Cost

The burden increased by 533 responses and 107 burden hours from 250 responses to 783 responses and 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> to 157 hours0.00182 days <br />0.0436 hours <br />2.595899e-4 weeks <br />5.97385e-5 months <br />. The burden has incr eased because one of the fuel cycle facilities submitted a lot more renewal applications and another facility started requiring the higher-level access for their staff in preparation for new area of technology they were starting. In addition, the annual fee rate has increased from $275/hr. to $288/hr.

16. Publication for Statistical Use

Data from this information collection is not published for stat istical purposes.

Statistical methods cannot be used in the collection of informa tion since each instance relates to an individual applying for access to specia l nuclear material or classified information.

17. Reason for Not Displaying the Expiration Date

The expiration date is displayed on the form.

18. Exceptions to the Certification Statement

None.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Not applicable.

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