[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Proposed Rules]
[Pages 57106-57121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23669]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 /
Proposed Rules
[[Page 57106]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 73
[NRC-2011-0015; NRC-2011-0018]
RIN 3150-AI49
Enhanced Weapons, Firearms Background Checks, and Security Event
Notifications
AGENCY: Nuclear Regulatory Commission.
ACTION: Supplemental proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations that would implement its authority under Section
161A of the Atomic Energy Act of 1954, as amended (AEA), to permit NRC
licensees and certificate holders to apply for preemption authority and
enhanced weapons authority, and conduct associated firearms background
checks. The NRC proposed new regulations on February 3, 2011, that
would implement its authority under Section 161A. On January 10, 2013,
the NRC proposed to further revise the regulations to include at-
reactor independent spent fuel storage installations (ISFSI) as a class
of designated facilities. The NRC is now proposing to further revise
the proposed rule language that addresses the voluntary application for
enhanced weapons authority, preemption authority, and the mandatory
firearms background checks under Section 161A.
DATES: Submit comments on the supplemental proposed rule and draft
regulatory guide by December 7, 2015. Also submit comments specific to
the information collection aspects of this supplemental proposed rule
by December 7, 2015. Comments received after this date will be
considered if it is practical to do so, but the Commission is able to
ensure consideration only for comments received on or before this date.
ADDRESSES: You may submit comments on the supplemental proposed rule by
any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
See Section XI, ``Paperwork Reduction Act,'' of this document for
direction on submitting comments on the information collection aspects
of this supplemental proposed rule. See Section XIV, ``Availability of
Guidance,'' of this document for direction on submitting comments on
the draft regulatory guide.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Margaret S. Ellenson, Office of
Nuclear Reactor Regulation, telephone: 301-415-0894; email:
[email protected]; Philip G. Brochman, Office of Nuclear
Security and Incident Response, telephone: 301-287-3691; email:
[email protected]; U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments.
A. Obtaining Information.
B. Submitting Comments.
II. Background.
III. Discussion.
IV. Section-by-Section Analysis.
V. Cumulative Effects of Regulation.
VI. Regulatory Flexibility Certification.
VII. Regulatory Analysis.
VIII. Backfitting and Issue Finality.
IX. Plain Writing.
X. Environmental Assessment and Proposed Finding of No Significant
Environmental Impact.
XI. Paperwork Reduction Act.
XII. Criminal Penalties.
XIII. Voluntary Consensus Standards.
XIV. Availability of Guidance.
XV. Availability of Documents.
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2011-0018 or Docket ID NRC-2011-0015
when contacting the NRC about the availability of information for this
supplemental proposed rule or the draft regulatory guide, respectively.
You may obtain publicly-available information related to this action by
any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018 for the
supplemental proposed rule and Docket ID NRC-2011-0015 for the revised
draft regulatory guide.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section. In addition, for the convenience of
the reader, instructions about obtaining materials related to this
rulemaking are provided in Section XV, ``Availability of Documents,''
of this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
[[Page 57107]]
B. Submitting Comments
Please include the appropriate NRC Docket ID NRC-2011-0018
(supplemental proposed rule) or NRC-2011-0015 (draft regulatory guide)
in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS, and the NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Background
A. Section 161A of the AEA
On August 8, 2005, President Bush signed into law the Energy Policy
Act of 2005 (EPAct), Public Law 109-58, 119 Stat. 594 (2005). Section
653 of the EPAct amended the AEA by adding Section 161A, ``Use of
Firearms by Security Personnel'' (42 U.S.C. 2201a). Section 161A of the
AEA provides the NRC with authority to permit a licensee's or
certificate holder's security personnel to transfer, receive, possess,
transport, import, and use weapons, devices, ammunition, or other
firearms, notwithstanding State, local, and certain Federal firearms
laws (and implementing regulations) that may prohibit or restrict these
actions (preemption authority). Additionally, Section 161A authorized
the Commission to permit the security personnel of licensees and
certificate holders to obtain enhanced weapons, such as machine guns,
short-barreled shotguns, and short-barreled rifles (enhanced weapons).
Section 161A requires the Commission to designate the classes of
facilities, radioactive material, and other property eligible to apply
for preemption authority or enhanced weapon authority. Section 161A
also mandates that all security personnel that receive, possess,
transport, import, or use a weapon, ammunition, or a device otherwise
prohibited by State, local, or certain Federal laws, including
regulations, as provided by Section 161A.b. (42 U.S.C. 2201a(b)), shall
be subject to a fingerprint-based background check by the U.S. Attorney
General and a firearms background check against the Federal Bureau of
Investigation's (FBI) National Instant Criminal Background Check System
(NICS).
B. The Firearms Guidelines--Implementation of Section 161A of the AEA
Section 161A.d. of the AEA provides that the Commission shall, with
the approval of the Attorney General, develop and promulgate guidelines
for the implementation of this statute. On September 11, 2009, the NRC,
with the approval of the Attorney General, published Firearms
Guidelines in the Federal Register (74 FR 46800). These guidelines
allow NRC licensees and certificate holders to apply for preemption
authority only (hereafter referred to as stand-alone preemption
authority) or combined preemption and enhanced weapons authority
(hereafter referred to as enhanced weapons authority). The statute also
includes provisions for firearms background checks for those who apply
for Section 161A authorities (stand-alone preemption authority or
enhanced weapons authority).
The Firearms Guidelines permit the NRC to designate applicable
classes of facilities and to approve application for Section 161A
authority via both orders and regulations. Following publication of the
Firearms Guidelines, the NRC received requests from several licensees
to obtain stand-alone preemption authority via order (i.e., prior to
the NRC's issuance of the final enhanced weapons rule). During its
review of these licensee requests, the NRC staff identified
implementation issues related to the firearms background checks for
these licensees. The NRC staff and the U.S. Department of Justice (DOJ)
staff developed a revision to the Firearms Guidelines to address these
issues. The principal change in the revised Firearms Guidelines was to
limit the scope of the firearms background check requirement to only
those licensees that apply to the NRC for Section 161A authority. The
NRC, with the approval of the Attorney General, published the revised
Firearms Guidelines in the Federal Register (79 FR 36100; June 25,
2014). Both the 2009 Firearms Guidelines and the 2014 Firearms
Guidelines are available at http://www.regulations.gov under Docket ID
NRC-2008-0465.
C. October 2006 Proposed Rule
In parallel with the development of the 2009 Firearms Guidelines,
the NRC initiated a rulemaking that would implement the new authorities
and provisions in Section 161A of the AEA. On October 26, 2006, the NRC
published proposed regulations in the Federal Register (71 FR 62664,
``Power Reactor Security Requirements'') to implement the provisions of
Section 161A as one component of a larger proposed amendment to its
regulations under parts 50, 72, and 73 of Title 10 of the Code of
Federal Regulations (10 CFR). These proposed implementing regulations
were consistent to the extent possible with discussions between the NRC
and the DOJ on the implementation of the statute.
The NRC had proposed that the provisions of Section 161A would
apply only to power reactor facilities including both operating and
decommissioning power reactors and Category I Strategic Special Nuclear
Material (Cat. I SSNM) facilities (i.e., facilities possessing or using
formula quantities or greater of strategic special nuclear material).
This structure was proposed to permit these two highest-risk classes of
licensed facilities to apply to the NRC for Section 161A authority. The
NRC had also indicated that it would consider making Section 161A
authority available to additional classes of facilities, radioactive
material, or other property (including ISFSIs) in a separate, future
rulemaking.
D. February 2011 Proposed Rule
On February 3, 2011, the NRC published in the Federal Register a
new proposed rule, ``Enhanced Weapons, Firearms Background Checks and
Security Event Notifications'' (76 FR 6200), referred to as the
Enhanced Weapons rulemaking, that reflected the approved 2009 Firearms
Guidelines. The 2011 proposed rule would implement the provisions of
Section 161A and would make several changes to the security event
notification requirements in 10 CFR part 73 to address imminent attacks
or threats against power reactors as well as suspicious events that
could be indicative of potential preoperational reconnaissance,
surveillance, or challenges to security systems by adversaries. The
public was provided 180 days to review and comment on the February 2011
proposed rule and associated guidance.
[[Page 57108]]
E. Preemption Designation Orders and Confirmatory Orders
Subsequent to the publication of the 2011 proposed rule, the NRC
received requests from 10 licensees (located on 8 separate sites) to
obtain stand-alone preemption authority. In response to the requests,
the NRC issued designation order EA-13-092 (78 FR 35984) on June 14,
2013. Order EA-13-092 designated the 10 licensees as part of an interim
class of licensed facilities eligible to apply for stand-alone
preemption authority under Section 161A of the AEA, contained direction
related to completing firearms background checks for security personnel
whose official duties require access to covered weapons, and contained
direction for the licensees on submitting applications and supporting
information to obtain preemption authority via a confirmatory order.
Subsequent to the NRC's issuance of Order EA-13-092, two licensees
(located at the same site) withdrew their applications for Section 161A
preemption authority. The NRC staff is currently reviewing the
remaining applications for preemption authority.
F. January 2013 Supplemental Proposed Rule
On January 10, 2013, the NRC published a supplemental proposed rule
(78 FR 2214) to add at-reactor ISFSIs as a class of designated
facilities under Sec. 73.18(c) that would be eligible to apply for
Section 161A authority. Including at-reactor ISFSIs in the proposed
rulemaking would ensure a consistent transition from the orders to the
final implementing regulations for reactor licensees and any ISFSIs co-
located at the reactor site. When a reactor facility and an ISFSI share
a common security guard force, as is the case for at-reactor ISFSIs,
the NRC staff recognizes that it may be expedient for both facilities
at the site to have stand-alone preemption authority if the licensee or
certificate holder applies for it and is approved. In the supplemental
proposed rule, the NRC indicated that other classes of facilities and
activities (e.g., away-from-reactor ISFSIs and transportation of spent
nuclear fuel) would be addressed in a separate, future rulemaking (as
originally discussed in the October 2006 proposed rule). The public was
provided 45 days to review and comment on the January 2013 supplemental
proposed rule.
III. Discussion
Section 161A of the AEA provides the NRC with the authority to
permit a licensee or certificate holder's security personnel to
transfer, receive, possess, transport, import, and use, weapons,
devices, ammunition or other firearms notwithstanding State, local, and
certain Federal firearms laws (and any implementing regulations) that
may prohibit or restrict these actions. The arsenal of weapons
includes, for example, machine guns, semi-automatic assault weapons,
and large-capacity ammunition feeding devices (i.e., magazines). As
indicated in the February 2011 proposed rule, an NRC licensee or
certificate holder interested in obtaining Section 161A authority
(either combined enhanced weapons authority and preemption authority or
stand-alone preemption authority) may voluntarily apply to the NRC to
take advantage of this new authority. For the purposes of the proposed
Enhanced Weapons rulemaking, the term ``certificate holder'' refers
only to entitles holding a 10 CFR part 76 certificate of compliance,
not to entities holding a 10 CFR part 72 certificate of compliance.
However, the NRC notes that there are currently no existing 10 CFR part
76 certificate holders because on February 2, 2015, the NRC terminated
the 10 CFR part 76 certificate of compliance for the United States
Enrichment Corporation's Paducah Gaseous Diffusion Plant (ADAMS Package
Accession No. ML14318A331). While there are no existing 10 CFR part 76
certificate holders, the NRC is proposing to include such holders in
this supplemental proposed rule so that the scope of the Firearms
Guidelines and the NRC's corresponding implementing regulations
continue to be consistent.
Licensees and certificate holders falling within the Commission-
designated classes of facilities, radioactive material, or other
property would be eligible to apply for Section 161A authority and
would be required to complete the firearms background check
requirements mandated by Section 161A and the Firearms Guidelines. The
background checks would be required for security personnel whose
official duties require access to covered weapons.
The 2009 Firearms Guidelines provided that the security personnel
for all licensees and certificate holders that fall within the
designated eligible classes of facilities must undergo firearms
background checks, whether or not a particular licensee or certificate
holder intends to seek preemption authority. However, under the revised
2014 Firearms Guidelines, the requirement for background checks would
apply to only those licensees and certificate holders who apply for
Section 161A authority. Other changes to the Firearms Guidelines
included the removal of the definition of ``standard weapon'' and the
removal of references to standard weapons in the definitions of
``covered weapon'' and ``enhanced weapon.'' There were also minor
conforming and clarifying editorial changes throughout the revised 2014
Firearms Guidelines.
In the February 2011 proposed rule that would implement the NRC's
authority under Section 161A of the AEA, the NRC proposed amendments to
10 CFR part 73 by adding new definitions, processes for obtaining
enhanced weapons, requirements for firearms background checks, and
security event notification requirements for stolen or lost enhanced
weapons. This supplemental proposed rule continues the proposed changes
from the February 2011 proposed rule and the January 2013 supplemental
proposed rule and supplements or modifies the following existing or
proposed regulations in 10 CFR part 73:
Section 73.2, ``Definitions.''
Proposed Sec. 73.18, ``Authorization for use of enhanced
weapons and preemption of firearms laws.''
Proposed Sec. 73.19, ``Firearms background checks for
armed security personnel.''
Section 73.51, ``Requirements for the physical protection
of stored spent nuclear fuel and high-level radioactive waste.''
This supplemental proposed rule would make the following changes to
the proposed requirements of 10 CFR part 73:
Require firearms background checks only for those
licensees and certificate holders who have applied for Section 161A
authority and only for security personnel whose official duties require
access to covered weapons.
Require periodic firearms background checks at least once
every 5 years. Previously the maximum periodicity was proposed to be at
least once every 3 years. However, licensees and certificate holders
would continue to be able to conduct periodic firearms background
checks at a periodicity of less than every 5 years, at their
discretion.
Conform the process for conducting firearms background
checks and applying for preemption authority to the updated
requirements specified in the revised 2014 Firearms Guidelines (e.g.,
removal of the proposed 30-day and 180-day milestones in conducting
firearms background checks).
Remove the definition of ``standard weapon'' and remove
the references to standard weapon from the definitions of ``covered
weapon'' and ``enhanced
[[Page 57109]]
weapon,'' per the revised 2014 Firearms Guidelines.
Revise the definitions of ``combined enhanced weapons
authority and preemption authority,'' ``covered weapon,'' and ``stand-
alone preemption authority'' as conforming changes.
Separately, the NRC would make several clarifying and corrective
changes to the process for obtaining stand-alone preemption authority
and the requirements for firearms background checks, based upon
language approved by the Commission in the designation orders and
confirmatory orders issued by the NRC subsequent to the publication of
the February 2011 proposed rule.
The NRC would also make several additional changes to clarify the
agency's review and acceptance criteria for evaluating applications for
stand-alone preemption authority, based upon lessons learned by the NRC
staff in reviewing existing applications for preemption authority,
including developing confirmatory orders to those licensees requesting
Section 161A authority, and comments received in response to prior
versions of this proposed rule. Furthermore, to ensure consistency
between processes, the NRC would also make corresponding changes to the
proposed process for obtaining enhanced weapons authority.
Sunsetting of Orders
In the Staff Requirements Memorandum (SRM) to SECY-12-0125, ``Staff
Requirements--Interim Actions to Execute Commission Preemption
Authority Under Section 161A of the Atomic Energy Act of 1954, as
Amended'' (ADAMS Accession No. ML12326A653), the Commission directed
the NRC staff to include in the final rule a plan ``to sunset the
interim designation order and the confirmatory orders.'' Accordingly,
the NRC has developed a plan to sunset these orders and is taking
advantage of this supplemental proposed rule to include new language in
Sec. Sec. 73.18 and 73.19 to accomplish the Commission's direction.
The NRC is proposing new paragraphs in Sec. Sec. 73.18 and 73.19 to
indicate that NRC approvals of Section 161A authority via confirmatory
order would remain valid after issuance of a final rule. However, the
licensees who received orders granting preemption authority prior to
issuance of a final rule would be subject to the implementing
regulations in Sec. Sec. 73.18 and 73.19, in lieu of the requirements
specified in the confirmatory orders (i.e., the requirements of the
orders would be superseded in their entirety by the requirements in the
final rule). The licensees who receive these confirmatory orders would
be required, within 60 days of the effective date of the final rule, to
update their applicable procedures, instructions, and training to
reflect the final rule's requirements. These licensees would be
required to notify the NRC, within 70 days of the effective date of the
final rule, when they have completed these actions. Once the NRC
receives this notification and inspects the licensee's transition
actions, the NRC would rescind the orders.
The Commission would rescind its designation of licensed facilities
as part of an interim class of facilities eligible to apply for
preemption authority prior to issuance of a final rule once the
Enhanced Weapons rule is implemented. The Commission would designate
the permanent classes of facilities eligible to apply for Section 161A
authority in Sec. 73.18(c) of the rule. All of the facilities issued a
designation order would be included in the final rule's list of
designated facilities (i.e., power reactor facilities, Cat. I SSNM
facilities, and at-reactor ISFSIs). Accordingly, the firearms
background check requirements contained in these designation orders
would be replaced in their entirety by the requirements in Sec. 73.19.
Public Comments
At this time, the NRC is only seeking comments on the revisions
proposed by this supplemental proposed rule. The NRC will address
public comments on the February 2011 proposed rule, the January 2013
supplemental proposed rule, and this supplemental proposed rule in the
final rule.
IV. Section-by-Section Analysis
The following paragraphs describe the specific changes proposed by
this supplemental proposed rule.
10 CFR 73.2, Definitions
The proposed new definitions for the terms Combined enhanced
weapons authority and preemption authority, Covered weapon, and Stand-
alone preemption authority would be revised to reflect the revised 2014
Firearms Guidelines. The proposed new definition for the term Standard
weapon would be removed to reflect the revised 2014 Firearms Guidelines
with conforming, editorial changes made to the proposed definition for
the term Enhanced weapon.
10 CFR 73.18, Authorization for Use of Enhanced Weapons and Preemption
of Firearms Laws
In paragraph (d), the NRC would set forth the requirements and
process for licensees and certificate holders who are included within
the classes of facilities, radioactive material, and other property
specified in Sec. 73.18(c)(1) and desire to voluntarily apply for
stand-alone preemption authority under Section 161A of the AEA. The
application would require initial information describing the licensee's
or certificate holder's request for preemption authority, its purposes
and objectives for requesting this authority, and a description of its
Firearms Background Check Plan, including training for security
personnel on the background check disqualifying conditions and
notification requirements. Firearms background checks would only be
required for security personnel whose official duties require access to
covered weapons, of licensees or certificate holders who apply for
Section 161A authority. Licensees and certificate holders would be
required to submit their applications in writing and under oath or
affirmation.
The licensee or certificate holder would also be required to submit
supplemental information to the NRC on the completion of satisfactory
firearms background checks and required training for security personnel
who require access to covered weapons. The timing of the submission of
the supplemental information will be at the discretion of the licensee
or certificate holder, although the licensee or certificate holder must
have completed a sufficient number of satisfactory checks to permit the
licensee or certificate holder to meet its security-personnel minimum
staffing requirements as specified in its physical security plan and
any applicable fatigue requirements under 10 CFR part 26.
Subsequent to the completion of the submission of all required
information, the NRC will review the information and document the
agency's decision to approve or disapprove the application.
Licensees or certificate holders cannot commence firearms
background checks until they have received notification from the NRC
that the agency has accepted for review their application for stand-
alone preemption authority. Once the NRC has reviewed and approved a
licensee's or certificate holder's application for stand-alone
preemption authority, the licensee or certificate holder must assign
only security personnel who have completed a satisfactory firearms
background check
[[Page 57110]]
to duties requiring access to covered weapons.
In paragraph (e), the NRC would set forth the requirements and
process for eligible licensees and certificate holders (as specified in
Sec. 73.18(c)(2)) who choose to voluntarily apply for combined
enhanced weapons authority and preemption authority under Section 161A
of the AEA. Paragraph (e) would require in the application initial
information describing the licensee's or certificate holder's request
for enhanced weapons authority, its purposes and objectives for
requesting this authority, and a description of its proposed Firearms
Background Check Plan, including training of security personnel on the
disqualifying status conditions and events. The application would be
required to address how security personnel notify the licensee or
certificate holder security management of the identification or
occurrence of any Federal or State disqualifying conditions or events.
Also, under the 2011 proposed rule, applicants for combined enhanced
weapons and preemption authority that already have preemption authority
under Sec. 73.18(d) would not be required to reapply for preemption
authority in their Sec. 73.18(e) application. That aspect of the 2011
proposed rule is unchanged by this supplemental proposed rule.
Firearms background checks would only be required of applicants for
Section 161A authority. Those regulated entities required to conduct
firearms background checks would need to conduct the checks on all
security personnel whose official duties require access to covered
weapons, which includes enhanced weapons. Licensee and certificate
holders would be required to submit their applications in writing and
under oath or affirmation. Licensees applying for combined enhanced
weapons authority and preemption authority would be required to submit
their application under the applicable regulations for a license
amendment in 10 CFR parts 50, 52, 70, or 72. Certificate holders to
which the supplemental proposed rule would apply (i.e., 10 CFR part 76
certificate of compliance holders), would be required to submit their
applications under the applicable regulations for a certificate of
compliance amendment under 10 CFR part 76.
The application would include the additional technical information
required by Sec. 73.18(f) addressing the specific enhanced weapons
that the licensee or certificate holder intends to use. The licensee or
certificate holder would also submit supplemental information to the
NRC on the completion of both the firearms background checks and the
required training (on disqualifying conditions and events) for security
personnel whose official duties require access to covered weapons. For
this purpose, the term ``completion'' means that a sufficient number of
satisfactory checks are complete to meet a regulated entity's minimum
staffing and fatigue requirements.
The timing of the submission of the supplemental information would
be at the discretion of the licensee or certificate holder when a
sufficient number of satisfactory checks are complete. A licensee or
certificate holder who has previously been approved for stand-alone
preemption authority would not be required to repeat the initial
firearms background checks on security personnel conducted to support
its original application; rather the licensee or certificate holder
would only need to state in its application for enhanced weapons
authority that it was previously granted preemption authority by the
NRC and provide the effective date of that authority.
The NRC would review the application and supplemental submittals
and would document the agency's decision to approve or disapprove the
application.
Licensees or certificate holders must commence firearms background
checks only after they have received notification from the NRC that the
agency has accepted for review their application for combined enhanced
weapons authority and preemption authority. Furthermore, once the NRC
has approved a licensee's or certificate holder's application for
combined enhanced weapons authority and preemption authority, the
licensee or certificate holder must assign only security personnel who
have completed a satisfactory firearms background check to duties
requiring access to any covered weapons (including enhanced weapons).
Licensees and certificate holders who have been previously approved
for enhanced weapons authority and wish to use a different type,
caliber, or quantity of enhanced weapons from that previously approved
by the NRC would be required to submit a new application under
paragraph (e).
In paragraph (f)(2)(iii), a conforming change would be made to
remove the reference to employment of ``standard weapons'' in the
safeguards contingency plan.
In paragraph (j), a corrective change would be made to add Sec.
73.51 to the list of regulations specifying training requirements on
the use of enhanced weapons at specific license ISFSIs. This change
would address the potential for an at-reactor, specific license ISFSI
to possess enhanced weapons at both the reactor and the co-located
ISFSI. This provision would require the ISFSI licensee employing
enhanced weapons to train its security personnel on the use of
sufficient force, including deadly force, consistent with the co-
located power reactor facility. Such training is already required for
the reactor licensee's security personnel under the reactor security
requirements in Sec. 73.55(k)(3). The NRC anticipates that such co-
located licensees would use a single integrated guard force for both
facilities such that the security personnel are considered fungible
between the two facilities. Consequently, the application of the same
training requirements for the use of the enhanced weapons is
appropriate.
In paragraphs (n)(2), (n)(3), and (n)(4), conforming changes would
replace the term ``covered weapons'' with ``enhanced weapons'' to be
consistent with the revised 2014 Firearms Guidelines.
In paragraph (s), the NRC would add new provisions to provide for
the transition from stand-alone preemption authority and enhanced
weapons authority approved by the NRC via orders to a licensee or
certificate holder, to approval via the proposed regulations in Sec.
73.18. While the NRC's previous authorizations for Section 161A
authority under those orders would remain valid, these licensees would
be subject to the implementing requirements of Sec. 73.18, in lieu of
the requirements contained in these orders. However these licensees
would not be required to reapply for Section 161A authority under the
provisions of Sec. 73.18. Licensees would be required to update
procedures, instructions, and training to reflect any revised
requirements in the final rule and notify the NRC of the completion of
this action. The licensee's actions and notification would be required
to be completed within 60 days and 70 days, respectively, of the
effective date of the final rule. Following receipt of the licensee's
notification and inspection of the licensee's actions, the NRC would
rescind these orders.
10 CFR 73.19, Firearms Background Checks for Armed Security Personnel
Paragraph (b) would be revised in its entirety to define new
general requirements regarding the completion of firearm background
checks. This would include a requirement to establish a Firearms
Background Check
[[Page 57111]]
Plan and to specify the elements of this plan. A Firearms Background
Check Plan would be a component of the licensee's or certificate
holder's 10 CFR part 73, appendix B, required Training and
Qualification plan for security personnel whose official duties require
access to covered weapons. Only those licensees and certificate holders
who have voluntarily applied for Section 161A authority (i.e., stand-
alone preemption authority or for combined enhanced weapons authority
and preemption authority) would be required to conduct firearms
background checks on their security personnel. Accordingly, such
licensees and certificate holders would be required to establish and
implement a Firearms Background Check Plan.
Paragraph (b)(2) would describe the groups of individuals included
within the term security personnel whose official duties require access
to covered weapons. In addition to the security officers themselves
(who directly protect the facility or radioactive material), this term
would include other groups of individuals who have access to covered
weapons and in some cases only enhanced weapons. Examples would
include, but are not limited to, firearms instructors, armorers,
individuals issuing and checking in weapons, individuals with access to
armories and weapons storage lockers, and individuals conducting
inventories of enhanced weapons or removing enhanced weapons from the
site for authorized purposes. Paragraph (b)(3) would specify the
elements of the Firearms Background Check Plan. Paragraphs (b)(4)
through (b)(9) would address requirements on conducting firearms
background checks. Licensees or certificate holders must commence
firearms background checks only after they have received notification
from the NRC that the agency has accepted for review their application
for either stand-alone preemption authority or for combined enhanced
weapons authority and preemption authority. Furthermore, once the NRC
has approved a licensee's or certificate holder's application for
either stand-alone preemption authority or for combined enhanced
weapons authority and preemption authority, the licensee or certificate
holder must assign only security personnel who have completed a
satisfactory firearms background check to duties requiring access to
covered weapons. Also, applicants for an NRC license or certificate of
compliance may not conduct firearms background checks until after the
NRC has both issued their license or certificate of compliance and
accepted their application for Section 161A authority for review. These
two steps may occur in any order. Finally, this section also includes a
requirement to remove individuals from duties requiring access to
covered weapons if they receive a ``denied NICS response.'' This also
includes removing individuals from duties requiring access to enhanced
weapons if the individual receives a ``delayed NICS response.''
Paragraph (b)(10) would specify the requirements for a periodic
firearms background check, which would be required at least once every
5 years from the most recent check. This periodicity would be
consistent with the Commission's designation order issued to several
licensees. Licensees and certificate holders would be able to conduct
periodic firearms background checks at a shorter periodicity than every
5 years, at their discretion.
Security personnel that cease to be employed by a licensee,
certificate holder, or security contractor, are considered to have a
break in service for the purposes of the enhanced weapons rulemaking.
The licensee or certificate holder would need to complete a new
satisfactory firearms background check for security personnel who
experience a break in service as described in paragraph (b)(11).
Paragraph (b)(11) also addresses exceptions to the break in service
requirement. Paragraph (b)(12) would address changes in the licensee,
certificate holder, or their security contractor that do not require a
break in service firearms background check. Paragraph (b)(13) would
prohibit licensees and certificate holders from using a satisfactory
firearms background check in lieu of completing other required criminal
history records checks or background investigations specified in the
NRC's access authorization or personnel security clearance programs
under other provisions of 10 CFR chapter I.
Paragraph (b)(14) would not require a new initial firearms
background check for security personnel who have completed a
satisfactory firearms background check pursuant to a Commission
designation order issued before the effective date of the final rule.
However, these security personnel would remain subject to the periodic
firearms background check and the break in service firearms background
check requirements of Sec. 73.19. Paragraph (b)(15) would require a
licensee or certificate holder to discontinue conducting firearms
background checks if it withdraws its application for Section 161A
authority. Paragraph (b)(16) would require a licensee or certificate
holder to discontinue conducting firearms background checks if the NRC
rescinds or revokes its Section 161A authority, in accordance with
Sec. 73.18.
Paragraph (c) would be removed and reserved. Because Sec. 73.18(c)
contains the list of classes of facilities and activities eligible to
apply for Section 161A authority and only licensees and certificate
holders who have applied to the NRC under Sec. 73.18 for Section 161A
authority are eligible under Sec. 73.19 to conduct firearms background
checks of their security personnel, the list of classes of facilities
and activities previously proposed in Sec. 73.19(c) for conducting
firearms background checks is now redundant and unnecessary.
Paragraph (f) would be revised to require periodic firearms
background checks to be completed at least once every 5 calendar years.
This change would make the proposed rule consistent with the 2014
Firearms Guidelines and the Commission's designation order EA-13-092,
which required periodic firearms background checks at least once every
5 years on security personnel who require access to covered weapons.
Second, a requirement would be added to specify an allowance period for
completion of a satisfactory periodic firearms background check of 5
years from the date of the most recent firearms background check. This
allowance period would be consistent with the Commission's designation
order. Third, the revised language would clarify that security
personnel may remain assigned to duties requiring access to covered
weapons while pending completion of a periodic firearms background
check. However, if a satisfactory firearms background check is not
completed by the end of the allowance period, then the security
personnel must be removed from duties requiring access to covered
weapons. Independent of the direction in paragraph (f), an individual
who receives a ``denied NICS response'' during a periodic firearms
background check must be removed without delay from duties requiring
access to covered weapons. Finally, the NRC would continue to permit
licensees and certificate holders to accomplish periodic firearms
background checks at a shorter periodicity than the maximum requirement
(i.e., more frequently than once every 5 years), at the licensee's or
certificate holder's discretion.
Paragraph (g) would be revised to clarify the exception for when a
licensee or certificate holder is required to notify the NRC that it
has removed security personnel from duties requiring access to covered
weapons. This exception is intended to encourage security
[[Page 57112]]
personnel to notify the licensee's or certificate holder's security
management of the occurrence of any Federal or State disqualifying
status condition or event within 72 hours. If the security personnel
make the notification, then the licensee or certificate holder is not
required to notify the NRC within 72 hours of the security personnel's
removal. However, in all circumstances, the licensee or certificate
holder would be required to maintain records of such removals under the
Firearms Background Check Plan, as required under revised paragraph
(b)(3)(vi).
Paragraph (h) would be revised to change the notification
timeliness requirement for security personnel who have had a
disqualifying status condition or event from ``3 working days'' to ``72
hours'' to improve regulatory clarity and consistency with the
licensee's and certificate holder's current proposed notification
timeliness requirement in paragraph (g).
Paragraph (j) would be revised to clarify the scope of the training
modules required for security personnel who are subject to firearms
background checks under the licensee's or certificate holder's Firearms
Background Check Plan, as required under paragraph (b)(3)(iii). Modules
would be required on Federal disqualifying status conditions or events,
applicable State disqualifying status conditions or events, the process
for appealing adverse firearms background check results, and the
ongoing obligation of security personnel who are subject to a firearms
background check to notify their licensee's or certificate holder's
security management of the occurrence of such a disqualifying status
condition or event. The modules would also include the requirement on
the timeliness of such notifications (i.e., within 72 hours of the
occurrence of the disqualifying condition or event). Finally, periodic
refresher training on these modules would be required annually.
Paragraph (p)(1) would be revised to clarify its applicability to
security personnel subject to a firearms background check and to remove
the current exception cross-reference to paragraph (b). Limitations on
security personnel's access to covered weapons during the pendency of
an appeal to the FBI would now be found solely in paragraph (p).
Minor editorial changes would be made to paragraph (p)(5),
including adding a title and renumbering subparagraphs. Paragraph
(p)(5)(iv) would be revised to indicate that individuals who are
appealing a firearms background check should submit a request for
extension of time, with respect to the 45-day timeliness requirement on
submitting an appeal, to their licensee or certificate holder rather
than to the FBI. The licensee or certificate holder may grant an
extension request for good cause, as determined by the licensee or
certificate holder. This change is consistent with the 2014 Firearms
Guidelines.
In paragraph (r), the NRC would add new provisions to provide for
the transition from preemption authority and enhanced weapons authority
approved by the NRC via designation orders and confirmatory orders to
approvals via the proposed regulations in Sec. 73.19. While the NRC's
authorizations for Section 161A authority would remain valid after
issuance of a final rule and licensees would not need to reapply for
Section 161A authority, these licensees would be subject to the
implementing requirements of Sec. 73.19, in lieu of the requirements
contained in these orders. However, licensees would not be required to
repeat their initial firearms background checks. Licensees would be
required to update procedures, instructions, and training to reflect
any revised requirements in the final rule and notify the NRC of the
completion of this action. The licensee's actions and notification
would be required to be completed within 60 days and 70 days,
respectively, of the effective date of the final rule. Following
receipt of the licensee's notification and inspection of the licensee's
actions, the NRC would rescind these orders.
10 CFR 73.51, Requirements for the Physical Protection of Stored Spent
Nuclear Fuel and High-Level Radioactive Waste
Paragraph (f) would be added as a conforming change to the proposed
change to Sec. 73.18(j) to reflect the potential for a specific
license, at-reactor ISFSI to possess covered weapons at both the
reactor and the co-located ISFSI. This provision would require ISFSI
licensees employing covered weapons to train their security personnel
on the use of sufficient force, including deadly force. The NRC
anticipates that the security organization for a reactor and a co-
located specific license ISFSI employing covered weapons would use an
integrated security organization such that the security personnel are
considered fungible between these two facilities. Accordingly, the NRC
considers it appropriate to require both the reactor and ISFSI security
personnel carrying covered weapons to be trained on the same standards
on the use of force, including deadly force. This proposed language is
consistent with the current regulations on training of security
personnel on the use of force under Sec. 73.55(k)(3) for reactor
licensees and Sec. 73.46(h)(5) for Cat. I SSNM licensees and
certificate holders.
V. Cumulative Effects of Regulation
Cumulative Effects of Regulation (CER) consists of the challenges
licensees may face in addressing the implementation of new regulatory
positions, programs, and requirements (e.g., rulemaking, guidance,
generic letters, backfits, inspections). The CER may manifest in
several ways, including the total burden imposed on licensees by the
NRC from simultaneous or consecutive regulatory actions that can
adversely affect the licensee's capability to implement those
requirements while continuing to operate or construct its facility in a
safe and secure manner.
The goals of the NRC's CER effort were met throughout the
development of this supplemental proposed rule. During the development
of the 2011 proposed rule, the NRC staff engaged external stakeholders
at a public meeting and by soliciting public comments on the proposed
rule and draft guidance documents. The public meeting was held at NRC
Headquarters on June 1, 2011, to discuss the proposed implementation
plan. A summary of the public meeting is in ADAMS under Package
Accession No. ML111720007. Additionally, the NRC staff issued several
draft guidance documents for comment in conjunction with the
publication of the 2011 proposed rule. The feedback from this meeting
and the public comments on the 2011 proposed rule informed the NRC
staff's recommended schedule for the implementation of the new enhanced
weapons requirements in this supplemental proposed rule.
Consistent with SECY-11-0032, ``Consideration of the Cumulative
Effects of Regulation in the Rulemaking Process,'' dated March 2, 2011
(ADAMS Accession No. ML110190027), the NRC requests specific comment on
the supplemental proposed rule's implementation schedule in light of
any existing CER challenges, specifically:
a. Do the supplemental proposed rule's compliance date and
submittal dates provide sufficient time to implement the new
supplemental proposed requirements, including changes to programs,
procedures, and the facility, in light of any ongoing CER challenges?
b. If there are ongoing CER challenges, what do you suggest as a
means to address this situation (e.g., if more time
[[Page 57113]]
is required to implement the new requirements, what time period is
sufficient)?
c. Are there unintended consequences (e.g., does the supplemental
proposed rule create conditions that would be contrary to the
supplemental proposed rule's purpose and objectives)? If so, what are
the unintended consequences?
d. Please comment on the NRC's cost and benefit estimates in the
supplemental proposed rule regulatory analysis (ADAMS Accession No.
ML15232A013).
The NRC staff identified one draft guidance document that is
affected by the revised proposed regulations described in this document
and is issuing this revised guidance document for public comment
concurrent with this supplemental proposed rule (see Section XIV,
``Availability of Guidance'').
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities. This
supplemental proposed rule affects only the licensing and operation of
nuclear power plants. The companies that own these plants do not fall
within the scope of the definition of ``small entities'' set forth in
the Regulatory Flexibility Act or the size standards established by the
NRC (Sec. 2.810).
VII. Regulatory Analysis
The NRC has prepared a draft regulatory analysis on this proposed
regulation. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The draft regulatory analysis can
be found under ADAMS Accession No. ML15232A013. The NRC requests public
comment on the draft regulatory analysis. Comments on the draft
regulatory analysis may be submitted to the NRC as indicated under the
ADDRESSES caption of this document.
VIII. Backfitting and Issue Finality
This supplemental proposed rule contains the following: (i)
Proposed provisions which reduce the regulatory burden associated with
the original 2011 proposed rule and the 2013 supplemental proposed rule
and (ii) additional provisions--not contained in either the original
2011 proposed rule or the 2013 supplemental proposed rule--which
facilitate licensees' capability to obtain burden reduction (i.e.,
proposed sunsetting of the interim designation order and the
confirmatory orders). The provisions of this supplemental proposed rule
are effectively voluntary in nature, and would not impose modifications
or additions to existing structures, components, designs, or existing
procedures or organizations if adopted in final form. Accordingly, the
provisions of this supplemental proposed rule, if adopted as a final
rule, would not constitute backfitting or otherwise be inconsistent
with any issue finality provision in 10 CFR part 52. The consideration
of backfitting for the original 2011 proposed rule and the 2013
supplemental proposed rule, considered together, bounds the backfitting
and issue finality consideration for this supplemental proposed rule.
Therefore, a backfit analysis is not required and has not been
completed for any of the provisions of this supplemental proposed rule.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274), requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883). The NRC requests comment on the document with respect to the
clarity and effectiveness of the language used.
X. Environmental Assessment and Proposed Finding of No Significant
Environmental Impact
In the proposed rule published on October 26, 2006, the Commission
determined under the National Environmental Policy Act of 1969, as
amended, and the Commission's regulations in subpart A of 10 CFR part
51, that the proposed rule, if adopted, would not be a major Federal
action significantly affecting the quality of the human environment
and, therefore, an environmental impact statement was not required.
Instead, the agency prepared a draft environmental assessment on the
proposed rule for public comment.
In the proposed rule published on February 3, 2011, the
determination was that there will be no significant offsite impact to
the public from this action. Therefore, the Commission concluded that
because of the nature of the proposed changes to the firearms
background checks and the enhanced weapons provisions presented in the
2011 proposed rule, the assumptions in the October 2006 proposed rule
were not changed so the Commission was not seeking additional comment
on the 2006 environmental assessment. Similarly here, the nature of the
changes to the firearms background check and the enhanced provisions in
this supplemental proposed rule do not change the assumptions in the
2011 proposed rule and the October 2006 environmental assessment.
Accordingly, the Commission is not seeking additional comment on the
environmental assessment. Availability of the environmental assessment
is provided in Section XV, ``Availability of Documents,'' of this
document.
XI. Paperwork Reduction Act
This supplemental proposed rule contains new or amended collections
of information subject to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This supplemental proposed rule has been
submitted to the Office of Management and Budget (OMB) for review and
approval of the information collections.
Type of submission, new or revision: Revision.
The title of the information collection: 10 CFR part 73, ``Enhanced
Weapons, Firearms Background Checks, and Security Event
Notifications,'' supplemental proposed rule, and NRC Form 754, ``Armed
Security Personnel Background Check.''
The form number if applicable: NRC Form 754.
How often the collection is required or requested: One time for
power reactor licensees and Cat, I SSNM licensees and certificate
holders applying for combined enhanced weapons authority. Initial
submissions of NRC Form 754 will be required for all of a licensee's or
certificate holder's security personnel whose duties require access to
covered weapons; thereafter, recurring firearms background checks and
completion of NRC Form 754 will be required once every 5 years. One
time for licensees and certificate holders who received confirmatory
orders and must update their procedures, instructions, and training
materials.
Who will be required or asked to respond: The supplemental proposed
rule would require only those licensees and certificate holders who
apply for Section 161A authorities to submit information about their
security personnel for firearms background checks. Licensees and
certificate holders that had received confirmatory orders approving
Section 161A authority would be required to update within 60 days after
the final rule effective date any procedures, instructions, and
training material on a one-time basis. The regulated entities that
would be eligible to apply for Section 161A
[[Page 57114]]
authorities are operating nuclear power reactors located at 61 sites
and their co-located at-reactor ISFSIs, 10 decommissioning power
reactor sites, 3 other reactor sites, and 2 fuel cycle facilities
authorized to possess Cat. I SSNM. In addition to those regulated
entities and consistent with the 2011 proposed rule, modified security
event notifications under different paragraphs of Sec. 73.71 would
also affect 42 research and test reactor (RTR) sites, 6 Cat. II and III
Special Nuclear Material sites, 7 ISFSI sites not co-located with a
reactor, and 2 hot cell sites.
An estimate of the number of annual responses: 4,085 (2,992
responses for 10 CFR part 73 requirements and 1,093 responses for NRC
Form 754).
The estimated number of annual respondents: 133.
An estimate of the total number of hours needed annually to comply
with the information collection requirement or request: 47,906.4 hours
(45,399.8 hours for 10 CFR part 73 requirements and 2,506.7 hours for
NRC Form 754).
Abstract: The NRC is proposing to amend current security
regulations and add new security requirements pertaining to nuclear
power reactors and Cat. I SSNM facilities for access to enhanced
weapons and firearms background checks. The supplemental proposed rule
would modify the information collections contained in the Enhanced
Weapons, Firearms Background Checks, and Security Event Notifications
rulemaking. First, firearms background checks would be required for
security personnel for only those licensees and certificate holders who
have applied for Section 161A authority (i.e., either stand-alone
preemption authority or combined enhanced weapons authority and
preemption authority). As a result, the number of respondents to new
Sec. Sec. 73.18 and 73.19 would be reduced compared to the proposed
rule published in the Federal Register on February 3, 2011 (76 FR
6199). Second, periodic firearms background checks would be required at
least once every 5 years rather than every 3 years. Third, applications
for Section 161A authority would be required to describe the
applicant's purposes and objectives in requesting the authority.
Finally, the supplemental proposed rule would add requirements for
licensees and certificate holders that had received confirmatory orders
approving Section 161A authority to update within 60 days after the
final rule effective date any procedures, instructions, and training
material on a one-time basis. These information collections are needed
to enable the NRC to implement the mandate of Section 161A of the AEA
to verify that security personnel who will have access to enhanced
weapons have been subject to a background check by the Attorney General
to verify that an individual is not prohibited under Federal or State
law from possessing or receiving firearms.
The 2011 proposed rule also would modify the security event
notification requirements under different paragraphs of Sec. 73.71.
This supplemental proposed rule would not change those proposed
modified requirements, but they are repeated in the supporting
statement for completeness. The proposed security event notification
requirements would be used to meet the NRC's strategic mission to
immediately communicate threats or attack information to the Department
of Homeland Security (DHS) operations center under the National
Response Framework. The NRC also has a strategic mission to immediately
communicate threat or attack information to other appropriate NRC
licensees and certificate holders so that they can increase their
security posture at their facilities or for their shipments of spent
nuclear fuel, high-level radioactive waste, or Cat. I SSNM. This prompt
notification could be vital in increasing another licensees' ability to
defeat poorly-synchronized multiple-site attacks and in protecting the
lives of security and plant personnel (at a second facility) in such
un-coordinated attacks. This prompt notification could also be vital in
increasing the defensive posture of other government or critical
infrastructure facilities to defeat poorly-synchronized multiple-sector
attacks.
The NRC is seeking public comment on the potential impact of the
information collections contained in this proposed rule and on the
following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of the burden of the proposed information
collection accurate?
3. Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
4. How can the burden of the proposed information collection on
respondents be minimized, including the use of automated collection
techniques or other forms of information technology?
A copy of the OMB clearance package and proposed rule is available
in ADAMS under Accession No. ML15035A635 or may be viewed free of
charge at the NRC's PDR, One White Flint North, 11555 Rockville Pike,
Room O-1 F21, Rockville, MD 20852. You may obtain information and
comment submissions related to the OMB clearance package by searching
on http://www.regulations.gov under Docket ID NRC-2011-0018.
You may submit comments on any aspect of these proposed information
collections, including suggestions for reducing the burden and on the
preceding issues, by the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018.
Mail comments to: FOIA, Privacy, and Information
Collections Branch, Office of Information Services, Mail Stop: T-5 F53,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or to
Vlad Dorjets, Desk Officer, Office of Information and Regulatory
Affairs (3150-0002 and 3150-0204), NEOB-10202, Office of Management and
Budget, Washington, DC 20503; telephone: 202-395-7315, email:
[email protected].
Submit comments by December 7, 2015. Comments received after this
date will be considered if it is practical to do so, but the NRC staff
is able to ensure consideration only for comments received on or before
this date.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XII. Criminal Penalties
For the purposes of Section 223 of the AEA, the NRC is issuing this
supplemental proposed rule that would amend 10 CFR part 73 under
Sections 161b, 161i, or 161o of the AEA. Willful violations of the rule
would be subject to criminal enforcement. Criminal penalties as they
apply to regulations in 10 CFR part 73 are already discussed in Sec.
73.81. Accordingly, Sec. Sec. 73.18 and 73.19 will not be included in
Sec. 73.81(b).
XIII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113), requires that Federal agencies use technical standards
that are developed or adopted by voluntary consensus standards bodies,
unless using such a standard is inconsistent with applicable law or is
otherwise impractical. In this supplemental proposed rule, the NRC is
using standards from applicable firearms standards developed by
nationally
[[Page 57115]]
recognized firearms organizations or standard setting bodies or from
standards developed by (1) Federal agencies, such as the U.S.
Department of Homeland Security's Federal Law Enforcement Training
Center, the U.S. Department of Energy's National Training Center, and
the U.S. Department of Defense; (2) State law-enforcement training
centers; or (3) State Division (or Department) of Criminal Justice
Services (DCJS) Training Academies. The NRC invites comment on the
applicability and use of other standards.
XIV. Availability of Guidance
The NRC is issuing draft regulatory guide (DG), DG-5020, Revision
1, ``Applying for Enhanced Weapons Authority, Applying for Preemption
Authority, and Accomplishing Firearms Background Checks under 10 CFR
part 73,'' for the implementation of the proposed requirements set
forth in this supplemental proposed rule. The draft guidance is
available in ADAMS under Accession No. ML14322A847. In conjunction with
the supplemental proposed rule, the NRC seeks public comment on DG-
5020, Revision 1, which may be accessed by searching on http://www.regulations.gov under Docket ID NRC-2011-0015.
In conjunction with the February 2011 proposed rule, the NRC issued
for comment a new draft guide, DG 5020, Revision 0, ``Applying for
Enhanced Weapons Authority, Applying for Preemption Authority, and
Accomplishing Firearms Background Checks under 10 CFR part 73'' (76 FR
6086; February 3, 2011). You may also access DG-5020, Revision 0,
supporting material, and the public comments the NRC received on DG-
5020, Revision 0, by searching on http://www.regulations.gov under
Docket ID NRC-2011-0015.
Revision 0 to DG-5020 contained detailed guidance on the
implementation of the proposed requirements for applying for enhanced
weapons authority, for applying for preemption authority, and
conducting firearms background checks. However, DG-5020, Revision 0,
did not include at-reactor ISFSIs under the applicability section;
rather, the DG reserved a section for additional facilities to be added
by future rulemakings or Commission orders. The addition of at-reactor
ISFSIs to the DG as an eligible class of licensees to apply for Section
161A authority would not appreciably change the guidance contained in
DG-5020, Revision 0. Accordingly, the NRC did not issue a revision to
DG-5020, Revision 0, for comment in conjunction with the January 2013
supplemental proposed rule.
However, the changes contained in this supplemental proposed rule
are substantive enough to warrant a revision to DG-5020, Revision 0.
Accordingly, the NRC staff developed Revision 1 to DG-5020 to reflect
the changes in this supplemental proposed rule and the previous
supplemental proposed rule which added at-reactor ISFSIs.
You may submit comments on DG-5020, Revision 1, by the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0015. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected].
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
XV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
----------------------------------------------------------------------------------------------------------------
Document ADAMS Accession No./Federal Register Citation
----------------------------------------------------------------------------------------------------------------
Firearms Guidelines...................... 74 FR 46800; September 11, 2009.
Firearms Guidelines, Revision 1.......... 79 FR 36100; June 25, 2014.
Environmental Assessment (October 2006 ML061920093.
proposed rule).
Regulatory Analysis...................... ML061380803.
Regulatory Analysis-appendices........... ML061380796.
(October 2006 proposed rule)............. ML061440013.
Information Collection Analysis.......... ML092640277.
NRC Form 754, ``Armed Security Personnel ML092650459.
Firearms Background Check''.
Commission: SECY-08-0050, ``Firearms Package--ML072920478.
Guidelines Implementing Section 161A of
the Atomic Energy Act of 1954 and
Associated Policy Issues'' (April 17,
2008).
Commission: SECY-08-0050A, ``Firearms ML081910207.
Guidelines Implementing Section 161A of
the Atomic Energy Act of 1954 and
Associated Policy Issues--Supplemental
Information'' (July 8, 2008).
Commission: SRM-SECY-08-0050/0050A, ML082280364.
``Firearms Guidelines Implementing
Section 161A of the Atomic Energy Act of
1954 and Associated Policy Issues''
(August 15, 2008).
Letter Opinion from Bureau of Alcohol, ML090080191.
Tobacco, Firearms, and Explosives'
Office of Enforcement on the Transfer of
Enhanced Weapons (January 5, 2009).
Proposed Enhanced Weapons, Firearms ML103410132.
Background Checks, and Security Event
Notifications Rule (February 3, 2011).
DG-5020, Revision 0, ``Applying for ML100321956.
Enhanced Weapons Authority, Applying for
Preemption Authority, and Accomplishing
Firearms Background Checks under 10 CFR
Part 73'' (February 3, 2011).
DG-5020, Revision 1, ``Applying for ML14322A847.
Enhanced Weapons Authority, Applying for
Preemption Authority, and Accomplishing
Firearms Background Checks under 10 CFR
Part 73''.
Commission: SECY-12-0027, ``Preemption ML113130015.
Authority Pursuant to Section 161A, `Use
of Firearms by Security Personnel,' of
the Atomic Energy Act of 1954, as
Amended'' (February 17, 2012).
Commission: SRM-SECY-12-0027, ML12124A377.
``Preemption Authority Pursuant to
Section 161A, `Use of Firearms by
Security Personnel,' of the Atomic
Energy Act of 1954, as Amended'' (May 3,
2012).
Commission: SECY-12-0125, ``Interim Package--ML12164A839.
Actions to Execute Commission Preemption
Authority Under Section 161A of the
Atomic Energy Act of 1954, as Amended''
(September 20, 2012).
Commission: SRM-SECY-12-0125, ``Interim ML12326A653.
Actions to Execute Commission Preemption
Authority Under Section 161A of the
Atomic Energy Act of 1954, as Amended''
(November 21, 2012).
[[Page 57116]]
NUREG/BR-0058, ``Regulatory Analysis ML042820192.
Guidelines of the U.S. Nuclear
Regulatory Commission,'' Revision 4
(September 30, 2004).
Order EA-13-092: ``Order Designating an 78 FR 35984; June 14, 2013.
Interim Class of NRC-Licensed Facilities
That are Eligible to Apply to the
Commission for Authorization to Use the
Authority Granted Under the Provisions
of Section 161a of the Atomic Energy Act
of 1954, as Amended''.
Draft Supporting Statement for the second ML15035A633.
supplemental proposed rule.
----------------------------------------------------------------------------------------------------------------
Throughout the development of this rule, the NRC staff may post
documents related to this rule, including public comments, on the
Federal rulemaking Web site at http://www.regulations.gov under Docket
ID NRC-2011-0018 and NRC-2011-0015. The Federal rulemaking Web site
allows you to receive alerts when changes or additions occur in a
docket folder. To subscribe: (1) Navigate to the docket folder (NRC-
2011-0018 and NRC-2011-0015); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 73
Criminal penalties, Exports, Hazardous materials transportation,
Incorporation by reference, Imports, Nuclear energy, Nuclear materials,
Nuclear power plants and reactors, Penalties, Reporting and
recordkeeping requirements, Security measures.
For the reasons set out in the preamble and under the authority of
the AEA, as amended; the Energy Reorganization Act of 1974, as amended;
and 5 U.S.C. 552 and 553; the NRC is proposing to adopt the following
amendments to 10 CFR part 73.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
1. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161,
161A, 170D, 170E, 170H, 170I, 223, 234, 1701 (42 U.S.C. 2073, 2167,
2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2282, 2297f);
Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841,
5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C.
10155, 10161); 44 U.S.C. 3504 note.
Section 73.37(b)(2) also issued under Sec. 301, Pub. L. 96-295,
94 Stat. 789 (42 U.S.C. 5841 note).
0
2. In Sec. 73.2, paragraph (a), as proposed to be added February 3,
2011 (76 FR 6232), revise the definitions for ``Combined enhanced
weapons authority and preemption authority,'' ``Covered weapon,''
``Enhanced weapon,'' and ``Stand-alone preemption authority,''; and
remove the definition for ``Standard weapon'' to read as follows:
Sec. 73.2 Definitions.
* * * * *
(a) * * *
Combined enhanced weapons authority and preemption authority means
the authority granted to the Commission, at 42 U.S.C. 2201a, to
authorize licensees or certificate holders, or the designated security
personnel of the licensee or certificate holder, to transfer, receive,
possess, transport, import, and use one or more categories of covered
weapons, notwithstanding any State, local, or certain Federal firearms
laws, including regulations, that prohibit or restrict such conduct.
* * * * *
Covered weapon means any handgun, rifle, shotgun, short-barreled
shotgun, short-barreled rifle, semi-automatic assault weapon, machine
gun, ammunition for any of such weapons, or large capacity ammunition
feeding device, as specified under 42 U.S.C. 2201a(b), that are
otherwise prohibited or restricted by State, local, or certain Federal
firearms laws, including regulations.
* * * * *
Enhanced weapon means any short-barreled shotgun, short-barreled
rifle, or machine gun. Enhanced weapons do not include destructive
devices as specified under 18 U.S.C. 921(a)(4).
* * * * *
Stand-alone preemption authority means the authority granted to the
Commission, at 42 U.S.C. 2201a, to authorize licensees or certificate
holders, or the designated security personnel of a licensee or
certificate holder, to transfer, receive, possess, transport, import,
and use one or more categories of covered weapons other than enhanced
weapons, notwithstanding any State, local, or certain Federal firearms
laws, including regulations, that prohibit or restrict such conduct.
* * * * *
0
3. In Sec. 73.18, as proposed to be added February 3, 2011 (76 FR
6233), revise paragraphs (d), (e), (f)(2)(iii), (j), (n)(2), (n)(3),
and (n)(4); and add paragraph (s) to read as follows:
Sec. 73.18 Authorization for use of enhanced weapons and preemption
of firearms laws.
* * * * *
(d) Application process for stand-alone preemption authority. (1)
Only licensees and certificate holders included within the classes of
facilities, radioactive material, and other property listed in
paragraph (c)(1) of this section may apply to the NRC for stand-alone
preemption authority.
(2) Licensees and certificate holders applying for stand-alone
preemption authority must submit an application to the NRC using the
procedures specified in this section.
(3) The contents of the application must include the following
information:
(i) A statement indicating that the licensee or certificate holder
is applying for stand-alone preemption authority under 42 U.S.C. 2201a;
(ii) The Commission-designated facility, radioactive material, or
other property to be protected by the licensee's or certificate
holder's security personnel using the covered weapons;
(iii) A description of the licensee's or certificate holder's
purposes and objectives in requesting stand-alone preemption authority.
This description must include whether these covered weapons are
currently employed as part of the licensee's or certificate holder's
existing protective strategy or whether these covered weapons will be
used in a revised protective strategy; and
(iv) A description of the licensee's or certificate holder's
Firearms Background Check Plan required by Sec. 73.19.
(4) Licensees and certificate holders must supplement their
application for stand-alone preemption authority with the following
additional information:
(i) A confirmation that a sufficient number of security personnel
have completed a satisfactory firearms background check to meet the
licensee's or certificate holder's security-personnel minimum staffing
requirements as specified in its physical security plan and any
applicable fatigue requirements under part 26 of this chapter;
(ii) A confirmation that the necessary training modules and
notification
[[Page 57117]]
procedures have been developed under their Firearms Background Check
Plan; and
(iii) A confirmation that all security personnel whose official
duties require access to covered weapons have been trained on these
modules and notification procedures.
(5) The licensee or certificate holder must submit both the
application and the supplementary information to the NRC in writing,
under oath or affirmation, and in accordance with Sec. 73.4.
(6) Upon the effective date of the NRC's approval of its
application for stand-alone preemption authority, the licensee or
certificate holder must only assign security personnel who have
completed a satisfactory firearms background check to duties requiring
access to any covered weapons.
(e) Application process for combined enhanced weapons authority and
preemption authority. (1) Only licensees and certificate holders
included within the classes of facilities, radioactive material, and
other property listed in paragraph (c)(2) of this section may apply to
the NRC for combined enhanced weapons authority and preemption
authority.
(2) Licensees and certificate holders applying for combined
enhanced weapons authority and preemption authority must submit an
application to the NRC using the procedures specified in this section.
(3) The contents of the application must include the following
information:
(i) A statement indicating that the licensee or certificate holder
is applying for combined enhanced weapons authority and preemption
authority under 42 U.S.C. 2201a.
(ii) The Commission-designated facility, radioactive material, or
other property to be protected by the licensee's or certificate
holder's security personnel using the enhanced weapons.
(iii) A description of the licensee's or certificate holder's
purposes and objectives in requesting combined enhanced weapons
authority and preemption authority. This must include whether these
covered weapons are currently employed as part of the licensee's or
certificate holder's existing protective strategy; or whether these
covered weapons will be used in a revised protective strategy.
(iv) A description of the licensee's or certificate holder's
Firearms Background Check Plan required by Sec. 73.19.
(v) If the NRC has previously approved the licensee's or
certificate holder's application for stand-alone preemption authority,
under either paragraph (d) of this section or under a Commission Order
issued before [EFFECTIVE DATE OF FINAL RULE], then the licensee or
certificate holder must include the effective date of the NRC's
approval of preemption authority in their application for combined
enhanced weapons authority and preemption authority.
(4) The licensee or certificate holder must include with their
application the additional technical information required by paragraph
(f) of this section.
(5) Licensees and certificate holders must supplement their
application with the following additional information:
(i) A confirmation that a sufficient number of security personnel
have completed a satisfactory firearms background check to meet the
licensee's or certificate holder's security-personnel minimum staffing
requirements as specified in its physical security plan and any
applicable fatigue requirements under part 26 of this chapter;
(ii) A confirmation that the necessary training modules and
notification procedures have been developed under their Firearms
Background Check Plan; and
(iii) A confirmation that all security personnel whose official
duties require access to covered weapons have been trained on these
modules and notification procedures.
(iv) Exceptions:
(A) Licensees and certificate holders who were previously approved
by the NRC for preemption authority under paragraph (d) of this section
are not required to submit the supplemental information of this
paragraph (as a component of their application for combined enhanced
weapons authority and preemption authority).
(B) Licensees and certificate holders who were previously approved
by the NRC for preemption authority pursuant to a Commission Order
issued before [IEFFECTIVE DATE OF FINAL RULE], are not required to
submit the supplemental information of this paragraph (as a component
of their application for combined enhanced weapons authority and
preemption authority).
(6) The licensee or certificate holder must submit its application
in accordance with the applicable license amendment or certificate of
compliance amendment provisions specified in Sec. Sec. 50.90, 70.34,
72.56, or 76.45 of this chapter. The licensee or certificate holder
must submit both the application and the supplementary information to
the NRC in writing and under oath or affirmation.
(7) If a licensee or certificate holder wishes to use a different
type or caliber of enhanced weapons or obtain a different quantity of
enhanced weapons from that previously approved by the Commission under
this section, then the licensee or certificate holder must submit a new
application to the NRC in accordance with paragraph (e) of this section
(to address these different weapons or different quantities of
weapons).
(8) Upon the effective date of the NRC's approval of its
application for combined enhanced weapons authority and preemption
authority, the licensee or certificate holder must only assign security
personnel who have completed a satisfactory firearms background check
to perform duties requiring access to any covered weapons.
(f) * * *
(2) * * *
(iii) The licensee or certificate holder must address in the
safeguards contingency plan how the enhanced weapons will be employed
by the security personnel in implementing the protective strategy,
including tactical approaches and maneuvers; and
* * * * *
(j) Use of enhanced weapons. Requirements regarding the general use
of enhanced weapons by licensee or certificate holder security
personnel, in the performance of their official duties, are contained
in Sec. Sec. 73.46, 73.51, and 73.55 and in appendices B, C, and H of
this part, as applicable.
* * * * *
(n) * * *
(2) Security personnel transporting enhanced weapons to or from a
licensee's or certificate holder's facility following the completion
of, or in preparation for, the duty of escorting shipments of
radioactive material or other property that is being transported to or
from the licensee's or certificate holder's facility must ensure that
these weapons are rendered safe and locked in a secure container during
transport. Security personnel may transport unloaded weapons and
ammunition in the same locked secure container.
(3) Security personnel using enhanced weapons to protect shipments
of radioactive material or other property that are being transported to
or from the licensee's or certificate holder's facility must ensure
that these weapons are maintained in a state of loaded readiness and
available for immediate use, except when otherwise prohibited by 18
U.S.C. 922(q).
(4) Security personnel transporting enhanced weapons to or from the
licensee's or certificate holder's facility must comply with the
requirements of Sec. 73.19.
* * * * *
[[Page 57118]]
(s) Sunsetting of orders. For licensees who received an NRC order
approving an application for stand-alone preemption authority or
combined preemption authority and enhanced weapons authority prior to
[EFFECTIVE DATE OF FINAL RULE], the following provisions apply.
(1) The NRC's approval via a confirmatory order of preemption
authority or enhanced weapons authority under Section 161A for a
licensee remains valid and licensees or certificate holders would not
need to reapply for this authority.
(2) Licensees issued such orders must comply with the requirements
of this section. Accordingly, the requirements of such orders are
superseded in their entirety by the requirements of this section.
(3) Licensees issued such orders must update any procedures,
instructions, and training material, developed in response to the
orders, to reflect the transition from requirements under the order to
the requirements of this section. Licensees must complete these
transition actions by [DATE 60 DAYS AFTER THE EFFECTIVE DATE OF FINAL
RULE].
(4) Licensees issued such orders must notify the NRC in writing, in
accordance with Sec. 73.4, of the completion of these transition
actions. Licensees must complete this notification by [DATE 70 DAYS
AFTER THE EFFECTIVE DATE OF FINAL RULE].
0
4. In Sec. 73.19, as proposed to be added February 3, 2011 (76 FR
6237), revise paragraph (b); remove and reserve paragraph (c); revise
paragraphs (f), (g), (h), (j), (p)(1), and (p)(5); and add paragraph
(r) to read as follows:
Sec. 73.19 Firearms background checks for armed security personnel.
* * * * *
(b) General requirements. (1) Licensees and certificate holders who
have applied to the NRC under Sec. 73.18 for stand-alone preemption
authority or for combined enhanced weapons authority and preemption
authority must comply with the provisions of this section. Such
licensees and certificate holders must establish a Firearms Background
Check Plan. Licensees and certificate holders must establish this plan
as part of their overall NRC-approved Training and Qualification plan
for security personnel whose official duties require access to covered
weapons.
(2) For the purposes of Sec. 73.18 and this section only, the term
security personnel whose official duties require access to covered
weapons includes, but is not limited to, the following groups of
individuals:
(i) Security officers using covered weapons to protect a
Commission-designated facility, radioactive material, or other
property;
(ii) Security officers undergoing firearms training on covered
weapons;
(iii) Firearms-training instructors conducting training on covered
weapons;
(iv) Armorers conducting maintenance, repair, and testing of
covered weapons;
(v) Individuals with access to armories and weapons storage lockers
containing covered weapons;
(vi) Individuals issuing covered weapons from armories to security
personnel and checking in such weapons;
(vii) Individuals conducting inventories of enhanced weapons;
(viii) Individuals removing enhanced weapons from the site for
repair, training, and escort-duty purposes; and
(ix) Individuals whose duties require access to covered weapons,
whether the individuals are employed directly by the licensee or
certificate holder or they are employed by a security contractor who
provides security services to the licensee or certificate holder.
(3) The objectives of a Firearms Background Check Plan must
include:
(i) Completing firearms background checks for all security
personnel whose official duties require access to covered weapons;
(ii) Defining the process for completing initial, periodic, and
break in service firearms background checks;
(iii) Defining the training objectives and modules for security
personnel who are subject to firearms background checks;
(iv) Completing the initial and periodic training for security
personnel whose official duties require access to covered weapons;
(v) Maintaining records of completed firearms background checks,
required training, and any supporting documents;
(vi) Maintaining records of a decision to remove security personnel
from duties requiring access to covered weapons, due to the
identification or occurrence of any Federal or State disqualifying
status condition or event; and
(vii) Developing and implementing procedures for notifying the NRC
of the removal of security personnel from access to covered weapons,
due to the identification or occurrence of any Federal or State
disqualifying status condition or event.
(4) Licensees and certificate holders who have applied to the NRC
for stand-alone preemption authority or for combined enhanced weapons
authority and preemption authority under Sec. 73.18 must ensure that a
satisfactory firearms background check has been completed for all
security personnel whose official duties require access to covered
weapons.
(5) Only licensees and certificate holders who have applied for
Section 161A authority under Sec. 73.18 may conduct firearms
background checks.
(6) The licensee or certificate holder must commence firearms
background checks only after receiving notification from the NRC that
the agency has accepted for review their application for stand-alone
preemption authority or for combined enhanced weapons authority and
preemption authority.
(7) Applicability of firearms background checks to applicants for a
license or certificate of compliance:
(i) Applicants for a license or a certificate of compliance who
have also submitted an application for Section 161A authority must only
commence firearms background checks after:
(A) The NRC has issued their license or certificate of compliance;
and
(B) The NRC has accepted their application for stand-alone
preemption authority or for combined enhanced weapons authority and
preemption authority for review.
(ii) Subsequent to [EFFECTIVE DATE OF FINAL RULE], applicants for a
license or a certificate of compliance who have also applied for
Section 161A authority and been issued their license or certificate of
compliance must ensure a satisfactory firearms background check (as
defined in Sec. 73.2) has been completed for all security personnel
who require access to covered weapons, before the licensee's or
certificate holder's initial receipt of any source material, special
nuclear material, or radioactive material specified under the license
or certificate of compliance.
(8) Licensee and certificate holder actions in response to an
adverse firearms background check (as defined in Sec. 73.2):
(i) The licensee or certificate holder must remove, without delay,
from duties requiring access to covered weapons, any security personnel
who receive a ``denied NICS response;''
(ii) The licensee or certificate holder must remove, without delay,
from duties requiring access to enhanced weapons, any security
personnel who receive a ``delayed NICS response;'' and
(iii) If the security personnel to be removed is on duty at the
time of removal, then the licensee and certificate holder must
reconstitute the vacated position within the timeframe
[[Page 57119]]
specified in their NRC-approved physical security plan.
(9) Subsequent to the licensee's or certificate holder's receipt of
notification that the NRC has approved its application for either
stand-alone preemption authority or for combined enhanced weapons
authority and preemption authority:
(i) The licensee or certificate holder must complete a satisfactory
firearms background check on security personnel, before assigning that
individual to any duties that require access to covered weapons;
(ii) The licensee or certificate holder may return to duties that
require access to covered weapons any security personnel who has
previously received an adverse firearms background check, if the
individual subsequently completes a satisfactory firearms background
check or successfully appeals an adverse firearms background check; and
(iii) During the pendency of an individual's appeal to the Federal
Bureau of Investigation (FBI) of an adverse firearms background check,
the licensee or certificate holder must not assign such security
personnel to duties that require access to covered weapons.
(10) Accomplishment of periodic firearms background checks. (i) The
licensee or certificate holder must complete a periodic firearms
background check for security personnel whose duties require access to
covered weapons. A satisfactory periodic firearms background check must
be completed within 5 calendar years of the most recent satisfactory
firearms background check.
(ii) Licensees and certificate holders who had conducted firearms
background checks pursuant to a confirmatory order issued by the NRC
before [EFFECTIVE DATE OF FINAL RULE], must complete a periodic
firearms background check for security personnel whose duties continue
to require access to covered weapons. A satisfactory periodic firearms
background check must be completed within 5 calendar years of the most
recent satisfactory firearms background check.
(iii) The licensee or certificate holder must complete the periodic
firearms background check within the allowance period specified in
paragraph (f) of this section.
(11) Accomplishment of break in service firearms background checks.
(i) The licensee or certificate holder must complete a new satisfactory
firearms background check if the security personnel has had a break in
service with their employing licensee, certificate holder, or their
security contractor which is for a duration of greater than one week.
(ii) The licensee or certificate holder must complete a new
satisfactory firearms background check if the security personnel has
transferred from a different licensee or certificate holder.
(iii) A break in service means the security personnel's cessation
of employment with the licensee, certificate holder, or their security
contractor, notwithstanding that the previous licensee or certificate
holder completed a satisfactory firearms background check on the
individual within the last 5 years.
(iv) Exceptions:
(A) For the purposes of this section, a break in service does not
include a security personnel's temporary active duty with the U.S.
military reserves or National Guard.
(B) The licensees or certificate holders, in lieu of completing a
new satisfactory firearms background check, may instead verify via an
industry-wide information-sharing database that the security personnel
has completed a satisfactory firearms background check within the
previous 12 months, provided that this previous firearms background
check included a duty station location in the State or Territory where
the licensee or certificate holder (who would otherwise be
accomplishing the firearms background check) is located or the activity
is solely occurring.
(12) If subsequent to the NRC's approval of an application for
Section 161A authority under Sec. 73.18, a change occurs in the
licensee's or certificate holder's ownership of a facility, radioactive
material, or other property or a security contractor that provides
security services to the licensee or certificate holder, then the
licensee or certificate holder is not required to conduct a break in
service firearms background check for the security personnel whose
duties require access to covered weapons.
(13) With regard to accomplishing the requirements for other
background (e.g., criminal history records) checks or personnel
security investigations under the NRC's access authorization or
personal security clearance program requirements of this chapter, the
licensee or certificate holder may not substitute a satisfactory
firearms background check in lieu of completing these other required
background checks or security investigations.
(14) If a licensee or certificate holder has completed initial
satisfactory firearms background checks pursuant to a Commission order
issued before [EFFECTIVE DATE OF FINAL RULE], then the licensee or
certificate holder is not required to conduct a new initial firearms
background check for its current security personnel. However, the
licensee or certificate holder must conduct initial firearms background
checks on new security personnel and periodic and break in service
firearms background checks on current security personnel in accordance
with the provisions of this section.
(15) A licensee or certificate holder who withdraws their
application for Section 161A authority or whose application was
disapproved by the NRC must discontinue conducting firearms background
checks.
(16) A licensee or certificate holder whose authority under Section
161A has been rescinded or was revoked by the NRC must discontinue
conducting firearms background checks.
(c) [Reserved]
* * * * *
(f) Periodic firearms background checks. (1) Licensees and
certificate holders must complete a satisfactory periodic firearms
background check at least once every 5 calendar years for security
personnel whose continuing duties require access to covered weapons.
(2) Licensees and certificate holders must complete a periodic
firearms background check within the same calendar month as the
initial, or most recent, firearms background check with an allowance
period to midnight of the last day of the calendar month of expiration.
(3) Licensees and certificate holders may continue the security
personnel's duties requiring access to covered weapons pending the
satisfactory completion of a periodic firearms background check.
However, licensees and certificate holders must remove security
personnel from duties requiring access to covered weapons if the
satisfactory completion of a periodic firearms background check does
not occur before the expiration of the allowance period.
(g) Notification of removal. (1) Licensees and certificate holders
must notify the NRC Headquarters Operations Center by telephone within
72 hours after removing security personnel from duties requiring access
to covered weapons due to the identification or occurrence of any
Federal or State disqualifying status condition or event that would
prohibit them from possessing, receiving, or using firearms or
ammunition. Licensees and certificate holders must contact the NRC
Headquarters Operations Center at the
[[Page 57120]]
phone numbers specified in table 1 of appendix A of this part.
(2) Exception. The licensee or certificate holder is not required
to notify the NRC if the licensee's or certificate holder's security
management was notified by the affected security personnel within 72
hours of the identification or occurrence of any Federal or State
disqualifying status condition or event that would prohibit them from
possessing, receiving, or using firearms or ammunition.
(h) Security personnel responsibilities. (1) Security personnel
assigned to duties requiring access to covered weapons must notify
their employing licensee's or certificate holder's security management
within 72 hours of the identification or occurrence of any Federal or
State disqualifying status condition or event that would prohibit them
from possessing, receiving, or using firearms or ammunition.
(2) This notification requirement is applicable to all security
personnel assigned duties requiring access to covered weapons,
irrespective of whether they are directly employed by the licensee or
certificate holder or employed by a contractor providing security
services to the licensee or certificate holder.
* * * * *
(j) Training for security personnel subject to firearms background
checks. (1) Licensees and certificate holders must include within their
Firearms Background Check Plan the development and accomplishment of
training modules for security personnel assigned official duties
requiring access to covered weapons.
(2) The training modules must include information on the following
topics:
(i) Federal disqualifying status conditions or events specified in
18 U.S.C. 922(g) and (n) and the ATF's implementing regulations in 27
CFR part 478 (including any applicable definitions) identifying
categories of persons who are prohibited from possessing, receiving, or
using any firearms or ammunition;
(ii) Any applicable State disqualifying status conditions or
events;
(iii) The continuing responsibility of security personnel subject
to a firearms background check to promptly and voluntarily notify their
employing licensee or certificate holder of the identification or
occurrence of any Federal or State disqualifying status condition or
event; and
(iv) The process for appealing to the FBI a ``denied'' or
``delayed'' NICS response.
(3) Licensees and certificate holders must conduct periodic
refresher training on these modules at an annual frequency for security
personnel assigned official duties requiring access to covered weapons.
* * * * *
(p) Appeals and resolution of erroneous system information. (1) The
licensee or certificate holder may not assign security personnel who
have receive a ``denied'' or a ``delayed'' NICS response to duties
requiring access to covered weapons:
(i) During the pendency of an appeal of a ``denied'' NICS response;
or
(ii) During the pendency of providing to the FBI and evaluating any
necessary additional information to resolve a ``delayed'' NICS
response.
* * * * *
(5) Challenges of the accuracy and correctness of records. (i) If
the individual wishes to challenge the accuracy of the record upon
which the ``denied'' or ``delayed'' response is based, or if the
individual wishes to assert that his or her rights to possess or
receive a firearm have been restored by lawful process, he or she must
first contact the FBI at the address stated in paragraph (p)(4)(i) of
this section.
(ii) The individual must file any appeal of a ``denied'' response
or file a request to resolve a ``delayed'' response within 45 calendar
days after the date the licensee or certificate holder notifies the
individual of the adverse response.
(iii) The individual appealing a ``denied'' response or resolving a
``delayed'' response is responsible for providing the FBI any
additional information the FBI requires to resolve the adverse
response. These individuals must supply this information to the FBI
within 45 calendar days after the FBI's response is issued.
(iv) The individual may request extensions of the time to supply
the additional information requested by the FBI in support of a timely
appeal or resolution request. These extension requests must be made to
the licensee or certificate holder. The licensee or certificate holder
may grant an extension request for good cause, as determined by the
licensee or certificate holder.
(v) The individual's appeal or request submitted to the FBI must
include appropriate documentation or record(s) establishing the legal
and/or factual basis for the challenge. Any record or document of a
court or other government entity or official furnished in support of an
appeal must be certified by the court or other government entity or
official as a true copy.
(vi) The individual may supplement their initial appeal or request,
subsequent to the 45-day filing deadline, with additional information
as it becomes available, for example, where obtaining a true copy of a
court transcript may take longer than 45 days. The individual should
note in their appeal or request any information or records that are
being obtained, but are not yet available.
* * * * *
(r) Sunsetting of orders. For licensees who received an NRC order
designating them as part of an interim class of facilities eligible to
apply for Section 161A authority prior to [EFFECTIVE DATE OF FINAL
RULE], the following provisions apply regarding the sunsetting of these
designation orders.
(1) Licensees issued such orders are no longer considered part of
an interim class of facilities eligible to apply for Section 161A
authority but instead are encompassed within the Commission-designated
classes of facilities, activities, and other property specified in
Sec. 73.18(c).
(2) Licensees issued such orders must comply with the requirements
of this section, in lieu of complying with the firearms background
check requirements of those orders. Accordingly, the requirements of
those orders are superseded in their entirety by the requirements of
this section.
(3) Licensees issued such orders must update any procedures,
instructions, and training material they have developed in response to
the orders to reflect the transition from requirements under the order
to the requirements of this section. Licensees must complete these
transition actions by [DATE 60 DAYS AFTER THE EFFECTIVE DATE OF FINAL
RULE].
(4) Licensees issued such orders must notify the NRC in writing, in
accordance with Sec. 73.4, of the completion of these transition
actions. Licensees must complete this notification by [DATE 70 DAYS
AFTER THE EFFECTIVE DATE OF FINAL RULE].
0
5. In Sec. 73.51, add paragraph (f) to read as follows:
Sec. 73.51 Requirements for the physical protection of stored spent
nuclear fuel and high-level radioactive waste.
* * * * *
(f) Response requirements. For licensees employing covered weapons
as part of their protective strategy, the licensee must train each
armed member of the security organization using covered weapons to
prevent or impede attempted acts of radiological sabotage by using
force sufficient to counter the force directed at that armed member,
[[Page 57121]]
including the use of deadly force as authorized by applicable State or
Federal law.
Dated at Rockville, Maryland, this 15th day of September, 2015.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2015-23669 Filed 9-21-15; 8:45 am]
BILLING CODE 7590-01-P