[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46800-46806]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se09-85]
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NUCLEAR REGULATORY COMMISSION
[NRC-2008-0465]
Notice of Issuance of Guidelines on Use of Firearms by Security
Personnel; Notice of Effective Date of Statute
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of issuance; Notice of effective date.
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SUMMARY: The Nuclear Regulatory Commission (Commission or NRC) is
issuing, with the approval of the U.S. Attorney General, guidelines on
the use of firearms by security personnel whose official duties include
the protection of NRC-regulated facilities, radioactive material, or
other property. On August 8, 2005, President Bush signed into law the
Energy Policy Act of 2005 (the Act). Section 653 of the Act amended the
Atomic Energy Act of 1954 (AEA) by adding new section 161A., regarding
the use of firearms by security personnel. Under the provisions of
section 161A.d., section 161A. takes effect on the date that these
guidelines are issued by the Commission, with the approval of the
Attorney General.
DATES: Section 161A. of the AEA takes effect on September 11, 2009.
FOR FURTHER INFORMATION CONTACT: Philip Brochman, Office of Nuclear
Security and Incident Response, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6557, e-mail
Phil.Brochman@nrc.gov or Susan Fonner, Office of the General Counsel,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone
[[Page 46801]]
(301) 415-1629, e-mail Susan.Fonner@nrc.gov.
SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed
into law the Energy Policy Act of 2005, Public Law 109-58, 119 Stat.
594 (2005). Section 653 of the Act 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 Commission with new authority
with respect to firearms that will enhance security at designated
facilities of NRC licensees and certificate holders and will also
enhance security with respect to certain radioactive material or other
property owned or possessed by an NRC licensee or certificate holder,
or the transportation of such material or other property.
Specifically, section 161A. provides two potential advantages to
NRC licensees and certificate holders to enhance security. NRC's
current regulations authorize in certain circumstances the possession
of standard weapons by the security personnel of licensees and
certificate holders. Under section 161A., the Commission is authorized
to permit licensees and certificate holders to obtain weapons not
previously permitted to be owned or possessed under Commission
authority, that is, short-barreled shotguns, short-barreled rifles, and
machineguns (i.e., enhanced weapons). In addition, section 161A.
authorizes the Commission to permit security personnel of a licensee or
certificate holder to transfer, receive, possess, transport, import,
and use handguns, rifles, shotguns, short-barreled shotguns, short-
barreled rifles, machineguns, semiautomatic assault weapons, ammunition
for such weapons, and large capacity ammunition feeding devices,
notwithstanding State, local, and certain Federal firearms laws,
including regulations, that prohibit such actions.
Prior to the enactment of section 161A., with limited exceptions,
only Federal, State or local law enforcement could lawfully possess
machineguns. Section 161A. authority, however, allows licensees and
certificate holders, who obtain the necessary authorization from the
NRC, to lawfully possess machineguns that they previously were not
authorized to possess.
As indicated in the attached guidelines, an NRC licensee or
certificate holder will be required to apply to the Commission to take
advantage of the new authority provided by section 161A. Prior to
granting an application to permit security personnel of an NRC licensee
or certificate holder to transfer, receive, possess, transport, import,
and use a weapon, ammunition, or device not previously authorized, the
Commission must determine that the requested permission is necessary in
the discharge of the official duties of the security personnel and that
the security personnel are engaged in protecting: (1) A facility owned
or operated by an NRC licensee or certificate holder and designated by
the Commission, or (2) radioactive material or other property that is
owned or possessed by an NRC licensee or certificate holder, or that is
being transported to or from a facility owned or operated by such a
licensee or certificate holder, and which has been determined by the
Commission to be of significance to the common defense and security or
public health and safety.
Furthermore, an NRC licensee or certificate holder that applies to
the NRC for enhanced weapons authority under section 161A. must also
comply with applicable U.S. Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) firearms requirements before obtaining such enhanced
weapons.
Section 161A. also mandates that all security personnel with duties
requiring access to covered weapons who are engaged in the protection
of Commission-designated facilities, radioactive material, or other
property owned or operated by an NRC licensee or certificate holder
shall be subject to a fingerprint-based background check by the
Attorney General and a firearms background check against the Federal
National Instant Background Check System (NICS). Consequently, these
firearms background check requirements are mandatory for all such
security personnel who are engaged in protecting licensees and
certificate holders that fall within Commission-designated classes of
facilities, radioactive material, and other property and who employ
covered weapons as part of their protective strategy. These firearms
background checks will provide assurance that such security personnel
are not barred under Federal and State law from receiving, possessing,
transporting, or using any covered weapons.
Under the provisions of section 161A.d., 42 U.S.C. 2201a(d),
section 161A. takes effect on the date that these guidelines are issued
by the Commission, with the approval of the Attorney General. The
Attorney General approved these guidelines by letter July 7, 2009.
Accordingly, section 161A. takes effect as specified in the DATES
section above.
The recordkeeping and reporting requirements described in these
guidelines will take effect upon the Commission's promulgation of
regulations or the issuance of orders. Therefore, the NRC will obtain,
as part of the promulgation or issuance of such regulations or orders,
approval from the Office of Management and Budget of any such
information collection burdens, as required under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
Regulations or orders issued by the Commission concerning section
161A. shall be consistent with the provisions of these guidelines.
These guidelines do not supersede or alter existing Commission
regulations or orders. The Commission will review and revise existing
Commission regulations and orders to be consistent with these
guidelines, as appropriate.
Dated at Rockville, Maryland, this 4th day of September 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment--Guidelines on the Use of Firearms by Security Personnel in
Protecting U.S. NRC-Regulated Facilities, Radioactive Material, and
Other Property
1. Authority and Scope
On August 8, 2005, the President signed into law the Energy Policy
Act of 2005 (the Act), Public Law 109-58, 119 Stat. 594 (2005). Section
653 of the Act amended the Atomic Energy Act of 1954 (AEA) by adding
section 161A., ``Use of Firearms by Security Personnel,'' 42 U.S.C.
2201a. Section 161A. of the AEA provides new authority to the U.S.
Nuclear Regulatory Commission (Commission or NRC) to enhance security
at designated facilities of NRC licensees and certificate holders and
to enhance security with respect to certain radioactive material or
other property owned or possessed by an NRC licensee or certificate
holder, or the transportation of such material or other property.
Specifically, section 161A. provides two potential advantages to
NRC licensees and certificate holders to enhance security. NRC's
regulations authorize in certain circumstances the possession of
standard weapons by the security personnel of licensees and certificate
holders. Under section 161A., the Commission is authorized to permit
licensees and certificate holders to obtain weapons not previously
permitted to be owned or possessed under Commission authority, i.e.,
enhanced weapons. In addition, section 161A. authorizes the Commission
to preempt State, local, and certain Federal
[[Page 46802]]
firearms laws, including regulations, that prohibit the transfer,
receipt, possession, transport, import, and use of handguns, rifles,
shotguns, short-barreled shotguns, short-barreled rifles, machineguns,
semiautomatic assault weapons, ammunition for such weapons, and large
capacity ammunition feeding devices.
Prior to the enactment of section 161A., with limited exceptions,
only Federal, State or local law enforcement could lawfully possess
machineguns. Section 161A. authority, however, allows licensees and
certificate holders who obtain the necessary authorization from the
NRC, to lawfully possess machineguns (enhanced weapons authority) that
they previously were not authorized to possess.
An NRC licensee or certificate holder must apply to the Commission
to take advantage of the provisions of section 161A. Prior to granting
an application to permit security personnel of an NRC licensee or
certificate holder to transfer, receive, possess, transport, import,
and use a weapon, ammunition, or device not previously authorized, the
Commission must determine that the requested authority is necessary in
the discharge of the official duties of the security personnel and the
security personnel are engaged in protecting: (1) A facility owned or
operated by an NRC licensee or certificate holder and designated by the
Commission, or (2) radioactive material or other property that has been
determined by the Commission to be of significance to public health and
safety or the common defense and security, and that is owned or
possessed by an NRC licensee or certificate holder, or that is being
transported to or from an NRC-regulated facility. The Commission's
authorization shall only apply to use by security personnel of a
licensee or certificate holder of a weapon, ammunition, or a device
listed in section 161A.b. when used by such personnel while in the
discharge of their official duties.
Section 161A. also mandates that all security personnel with duties
requiring access to covered weapons who are engaged in the protection
of Commission-designated facilities, radioactive material, or other
property owned or operated by an NRC licensee or certificate holder
shall be subject to a fingerprint-based background check by the
Attorney General and a firearms background check against the Federal
National Instant Background Check System (NICS). These firearms
background checks will provide assurance that such security personnel
are not barred from possessing, transporting, or using any covered
weapons.
Under the provisions of section 161A.d., 42 U.S.C. 2201a(d),
section 161A. takes effect on the date that these guidelines are issued
by the Commission after being approved by the U.S. Attorney General.
Regulations or orders issued by the Commission concerning section
161A. shall be consistent with the provisions of these guidelines.
Modification of these guidelines by the Commission must be made with
the concurrence of the Attorney General.
Definitions of terms that may not have a commonly understood
meaning are contained in section 8 of these guidelines.
2. Commission Designations and Determinations
After the issuance of these guidelines, the Commission will
promulgate regulations or issue orders that authorize specific classes
of licensees and certificate holders to apply to the Commission to use
the authority of section 161A. These regulations or orders will
designate the specific types of facilities for which licensees and
certificate holders are authorized to use the authority of section
161A. In addition, Commission regulations or orders will designate the
specific types of radioactive material or other property owned or
possessed by NRC licensees and certificate holders, or specific types
of radioactive material or other property being transported to or from
a facility owned or operated by an NRC licensee or certificate holder,
for which an application to the Commission may be made to use the
authority of section 161A. The Commission's designation of specific
radioactive material or other property will be based upon a finding
that the material or property is of significance to the common defense
and security or public health and safety. These regulations or orders
will require a firearms background check (as described in section 5 of
these guidelines) for armed security personnel who have access to
covered weapons and who are engaged in the protection of a facility,
radioactive material, or other property owned or operated by an NRC
licensee or certificate holder that has been designated by the
Commission pursuant to section 161A.
The Commission will promulgate regulations or issue orders
establishing a process for NRC-regulated entities to apply for and
obtain preemption authority under section 161A. The Commission will
also promulgate regulations or issue orders establishing a process for
NRC-regulated entities to apply for and obtain both enhanced weapons
authority and preemption authority under section 161A. An NRC-regulated
entity may obtain preemption authority without applying for enhanced
weapons authority. An NRC-regulated entity seeking enhanced weapons
authority must obtain both enhanced weapons authority and preemption
authority. A licensee's or certificate holder's applications for
preemption authority and enhanced weapons authority may be sequential
or concurrent, but the NRC must approve the licensees' and certificate
holders' applications for preemption authority at the same time as or
before approving their application for enhanced weapons authority.
Before granting preemption authority, the Commission will require
persons who are licensees and certificate holders on the effective date
of these guidelines, and who have applied for preemption authority only
or for enhanced weapons authority and preemption authority, to notify
the NRC when a sufficient number of security personnel have completed a
satisfactory firearms background check to permit the licensee or
certificate holder to meet the licensee's or certificate holder's
security personnel minimum staffing and fatigue requirements. The NRC
will review such readiness notifications on a case-by-case basis prior
to approving a licensee's or certificate holder's application for
preemption authority.
In addition, Commission regulations or orders will require that
before licensees and certificate holders may be granted authority by
the NRC to obtain enhanced weapons they must: (1) Apply to the NRC for
preemption authority, (2) apply to the NRC for approval to obtain
enhanced weapons, and (3) develop new, or revise existing, physical
security plans (including plans for the safe storage of covered
weapons), security personnel training and qualification plans,
safeguards contingency plans, and safety assessments incorporating the
use of the enhanced weapons to be employed. These plans and assessments
must be specific to the facility, radioactive material, or other
property being protected; must identify the specific type(s) of covered
weapons that will be used by security personnel; and must address how
these covered weapons will be employed in meeting the NRC-required
protective strategy. Licensees and certificate holders must submit
these new, or revised, plans and assessments to the NRC for review and
written approval. The requirements for the contents of the licensee's
and certificate holder's physical security
[[Page 46803]]
plans, security personnel training and qualification plans, safeguards
contingency plans, and safety assessments on the use of enhanced
weapons are contained in NRC regulations.
Based upon the NRC's review of an applicant's plans and assessments
(as provided in the preceding paragraph) and upon a determination that
all of the requirements of section 161A. have been, or will be, met,
the NRC will provide a written statement to the licensee or certificate
holder stating that the NRC has determined that the licensee's or
certificate holder's need for the specific enhanced weapons that the
licensee or certificate holder intends to deploy satisfies the
requirements of the NRC under section 161A.
Licensees and certificate holders lawfully possessing enhanced
weapons under an authority other than section 161A. on or before the
effective date of these guidelines are not required to revise their
previously approved security plans, unless the licensee or certificate
holder applies to the NRC under section 161A. for preemption authority
or for enhanced weapons authority and preemption authority.
3. Applicability of Federal Firearms Laws, Regulations and Licensing
Requirements
In addition to complying with Commission regulations and orders
implementing section 161A., licensees and certificate holders covered
by these guidelines must also comply with applicable provisions of
Title 18 U.S.C. Chapter 44 (the Gun Control Act (GCA)) and Title 26
U.S.C. Chapter 53 (National Firearms Act (NFA)) and 27 CFR parts 478
and 479 (the applicable regulations promulgated under those laws by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)), regarding
the transfer, receipt, possession, transportation, importation, or use
of covered weapons, except to the extent that those regulations are
superseded by section 161A. After a licensee's or certificate holder's
receipt of the NRC's written approval of their application for enhanced
weapons authority, the licensee or certificate holder may in accordance
with 26 U.S.C. Chapter 53 have enhanced weapons transferred to them. An
application to transfer an enhanced weapon to a licensee or certificate
holder must be submitted to ATF by the transferor of the enhanced
weapon. The application must include all required information including
a copy of the NRC's written approval to possess specific enhanced
weapons under section 161A. All enhanced weapons must be registered
with ATF under the name of the licensee or certificate holder.
4. Training and Qualification on Enhanced Weapons
The Commission will promulgate regulations or issue orders
requiring NRC licensees or certificate holders who have received
written NRC approval of their application for section 161A. enhanced
weapons authority to provide specific training to their security
personnel on the possession, storage, maintenance, and use of enhanced
weapons and on tactical maneuvers employing such weapons in protecting
NRC-designated facilities, radioactive material, or other property,
whichever is applicable. The regulations or orders will require such
licensees and certificate holders to incorporate within their security
personnel training and qualification plans specific training and
qualification information applicable to the enhanced weapons to be
employed, including information regarding tactical maneuvers that
security personnel will carry out with those weapons. This training and
qualification information must conform with firearms training and
qualification standards developed by nationally recognized firearms
organizations or standard setting bodies, or with standards developed
by 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.
5. Firearms Background Checks
The Commission will promulgate regulations or issue orders
establishing requirements for firearms background checks for security
personnel whose duties require access to covered weapons in connection
with the protection of a facility, radioactive material, or other
property owned or operated by an NRC licensee or certificate holder
that has been designated by the Commission under section 2 of these
guidelines.
Licensees and certificate holders may apply to the NRC for
preemption authority only or they may apply for both enhanced weapons
authority and preemption authority. In either case, to obtain approval
of such an application, satisfactory firearms background checks must
have been completed for the licensee's or certificate holder's security
personnel whose official duties require access to covered weapons. The
firearms background check requirement applies to such security
personnel whether they are directly employed by the licensee or
certificate holder or they are employed by a security contractor who
provides security services to the licensee or certificate holder.
The Commission's regulations or orders will set forth the criteria
for satisfactory and adverse firearms background checks, as defined in
section 8(a) of these guidelines. The regulations or orders will
require that licensees and certificate holders who employ covered
weapons as part of their protective strategy for a facility,
radioactive material, or other property that is included within the
classes of facilities, radioactive material, or other property
designated by the Commission shall complete a satisfactory firearms
background check of security personnel who have, or are proposed to
have, official duties that require access to covered weapons in the
protection of such facilities, radioactive material, or other property.
The firearms background checks are in addition to any other background
checks or criminal history checks required for security personnel under
Commission regulations or orders.
Licensees and certificate holders who employ covered weapons as
part of their protective strategy for a facility, radioactive material,
or other property that is included within the classes of facilities,
radioactive material, or other property designated by the Commission
shall begin firearms background checks of their security personnel who
have, or are proposed to have, official duties that require access to
covered weapons in the protection of such facilities, radioactive
material, or other property after the NRC issues a rule or order
designating the class of facility, radioactive material, or other
property into which their facility, radioactive material, or other
property falls. Within 180 days of the NRC issuing such a rule or
order, affected licensees and certificate holders must remove such
personnel from duties requiring access to covered weapons if they have
received an adverse firearms background check. During this 180-day
period, affected licensees and certificate holders may permit such
personnel who receive a ``delayed'' National Instant Criminal
Background Check System (NICS) response to continue duties that require
access to standard weapons pending resolution of the ``delayed''
response; however, they must remove such individuals from duties
requiring access to enhanced weapons.
Licensees and certificate holders may not permit security personnel
who receive a ``denied'' NICS response, as defined in sections 8(a) and
(c), to perform duties requiring access to
[[Page 46804]]
covered weapons, except as provided in the next paragraph.
After the 180-day period, licensees and certificate holders may not
permit security personnel who receive an adverse firearms background
check to perform duties requiring access to covered weapons, except
that security personnel who received a ``denied'' or ``delayed'' NICS
response and who subsequently receive a response that a satisfactory
firearms background check has been completed may be permitted access to
covered weapons.
Licensees or certificate holders who employ covered weapons as part
of their protective strategy for a facility, radioactive material, or
other property that is included within the classes of facilities,
radioactive material, or other property designated by the Commission
are required to conduct periodic firearms background checks of all
security personnel who have, or are proposed to have, official duties
that require access to covered weapons in the protection of such a
facility, radioactive material, or other property, at a minimum of once
every five years after their first background check. However, these
checks may be conducted more frequently if required by Commission
regulation or order, or if the licensee or certificate holder requires
an earlier check. Security personnel who receive an adverse firearms
background check response upon a recheck must be removed from duties
that require access to covered weapons. Security personnel so removed
who subsequently complete a satisfactory firearm background check may
be permitted access to covered weapons. In addition, the Commission
will require a new firearms background check for security personnel who
have had a break of greater than one (1) week in employment by the
licensee or certificate holder or in employment by a contractor who
provides security services to a licensee or certificate holder.
The Commission will require a new firearms background check for
security personnel who have transferred to the employment or the
service of the licensee or certificate holder from a different licensee
or certificate holder in whose employ they previously completed a
satisfactory firearms background check. However, a change in the
ownership of the licensee or certificate holder, a change in the
ownership of the security contractor providing the security personnel,
or a change in the security contractor providing the security personnel
will not require, by itself, the performance of a new firearms
background check for personnel who have previously completed a
satisfactory firearms background check.
The Commission will require each licensee or certificate holder who
employs enhanced weapons as part of their protective strategy for a
facility, radioactive material, or other property that is included
within the classes of facilities, radioactive material, or other
property designated by the Commission to complete a satisfactory
firearms background check for security personnel whose official duties
require access to enhanced weapons in the protection of such
facilities, radioactive material, or other property, before such
personnel may be given access to enhanced weapons. The Commission will
promulgate regulations or issue orders requiring such licensees or
certificate holders to establish procedures for notifying the NRC when
a security officer assigned duties requiring access to covered weapons
is permanently removed from such duties because of an adverse firearms
background check. The NRC will promptly report suspected violations of
Federal law to the appropriate Federal agency and suspected violations
of State law to the appropriate State agency.
The Commission will promulgate regulations or issue orders
providing a process for security personnel who have received an adverse
firearms background check to appeal a ``denied'' NICS response to the
FBI, or to provide additional information to the FBI to resolve a
``delayed'' NICS response. Security personnel must file a request to
appeal a ``denied'' NICS response or a request to resolve a ``delayed''
NICS response within 45 calendar days after the date the licensee or
certificate holder notifies the individual of the adverse response. The
request must include appropriate documentation or record(s)
establishing the legal or factual basis, or both, for the challenge. It
is the responsibility of a person who is appealing or resolving an
adverse firearms background check to provide the FBI with any
additional information requested by the FBI to resolve an adverse
firearms background check. Such persons must supply this information to
the FBI within 45 calendar days after the FBI's request. Extensions of
the time period to supply additional requested information in support
of a timely appeal or resolution request may be granted by the FBI for
good cause shown, as determined by the FBI. Failure to timely initiate
an appeal or resolution request or timely provide additional
information requested by the FBI will result in the barring or
abandonment of the appeal or resolution request. Appeals or resolution
requests that are barred or abandoned because of the failure to comply
with these deadlines may only be pursued after resubmission of a
firearms background check request on the individual. Such resubmission
will be by, and at the sole discretion of, a licensee or certificate
holder.
6. Enhanced Weapons Accountability, Transfer, Transportation, and
Record Keeping
The Commission will promulgate regulations or issue orders
requiring licensees and certificate holders to perform periodic
accountability inventories of the enhanced weapons in their possession
to verify their continued possession of each enhanced weapon. The
regulations or orders will require licensees or certificate holders to
complete such inventories at specified intervals, and at least one
inventory will be conducted each year. These inventories must be based
upon the verification of the presence at the licensee's or certificate
holder's facility of each enhanced weapon or upon a verification of the
presence of an intact tamper indicating device (TID) for enhanced
weapons that are stored in locked and sealed storage or ready-service
containers at the licensee's or certificate holder's facility. The
regulations or orders will require that licensees and certificate
holders permitting enhanced weapons to be removed from their facility
(i.e., the owner controlled area) by security personnel for permissible
reasons verify that such weapons are subsequently returned to the
licensee's or certificate holder's facility upon completion of official
use of the weapons.
Permissible reasons for removal of enhanced weapons from the
licensee's or certificate holder's facility include: (1) Removal for
use at a firing range or training facility used by the licensee or
certificate holder, and (2) removal for use in escorting shipments of
radioactive material or other property designated by the Commission
under section 2 of these guidelines, if the material or other property
is being transported to or from the licensee's or certificate holder's
facility. The Commission may provide other permissible reasons for the
removal of enhanced weapons by regulation or order.
Any other removal of enhanced weapons from a licensee's or
certificate holder's facility would be a transfer of those weapons. The
licensee or certificate holder may only transfer (by sale or otherwise)
enhanced weapons
[[Page 46805]]
pursuant to an application approved by ATF under 26 U.S.C. Chapter 53.
A licensee or certificate holder receiving enhanced weapons must
assist the transferor in completing an application to transfer such
weapons in accordance with 26 U.S.C. 5812, and must provide the
transferor a copy of the NRC's written approval of their application
for enhanced weapons authority. Enhanced weapons may only be
transferred to the licensee or certificate holder, not to a contractor
of the licensee or certificate holder.
The Commission will promulgate regulations or issue orders
requiring a licensee or certificate holder possessing enhanced weapons
to notify the NRC and the appropriate local authorities of any stolen
or lost enhanced weapons upon the discovery of such theft or loss.
Licensees and certificate holders will also have an independent
obligation, pursuant to 27 CFR 479.141, to report to ATF stolen or lost
enhanced weapons registered in accordance with 26 U.S.C. 5841
immediately upon the discovery of such theft or loss.
Security personnel transporting enhanced weapons to or from a
firing range or training facility used by the licensee or certificate
holder are responsible for assuring that the weapons are unloaded and
locked in a secure container during transport. Except as provided in
the next paragraph, security personnel transporting covered weapons to
or from a licensee's or certificate holder's facility following the
completion of, or in preparation for, escorting designated radioactive
material or other property being transported to or from the licensee's
or certificate holder's facility are responsible for assuring that the
weapons are unloaded and locked in a secure container during transport.
In addition to being in a secure container, the contents of the
container should only be accessible by authorized personnel. Unloaded
covered weapons and ammunition for such weapons may be transported in
the same secure container during transport.
Security personnel required to carry covered weapons while
escorting designated radioactive material or other property being
transported to or from the licensee's or certificate holder's facility
(whether intrastate or interstate) are responsible for assuring that
such weapons are maintained in a state of loaded readiness and
available for immediate use while they are accompanying the transport.
To facilitate compliance with these guidelines, the NRC's
regulations or orders will require licensees and certificate holders to
keep records (capable of being inspected or audited by the NRC)
relating to the receipt, transfer, and transportation of enhanced
weapons. The records will be required to include the following minimum
information relating to receipt and transfer of enhanced weapons: the
date of receipt of the enhanced weapon; the name and address of the
person from whom the enhanced weapon was received; the name of the
manufacturer and importer (if any) of the enhanced weapon; the model,
serial number, type, and caliber or gauge of the enhanced weapon; and
for any transfer of an enhanced weapon (including sending off for
repairs) by the licensee or certificate holder to another person, the
name and address of the person to whom the enhanced weapon was
transferred and the date of the transfer. The records will be required
to include the following minimum information relating to transportation
of enhanced weapons: the date of departure of the enhanced weapon from,
and the date of return of the enhanced weapon to, the licensee's or
certificate holder's facility; the purpose of the enhanced weapon's
transportation; the name of the person transporting the enhanced weapon
and the name of the person/facility to whom the enhanced weapon is
being transported; and the model, serial number, type, and caliber or
gauge of the enhanced weapon.
7. Termination, Modification, Suspension, and Revocation
The Commission will promulgate regulations or issue orders setting
forth standards for the termination, modification, suspension, or
revocation of the NRC's approval of a licensee's or certificate
holder's preemption authority or enhanced weapons authority and
preemption authority. Within three (3) business days of notifying the
licensee or certificate holder, the NRC will notify ATF of the
termination, modification, suspension, or revocation of a licensee's or
certificate holder's preemption authority or enhanced weapons authority
and preemption authority. Such a notification will be made to the
position or point of contact designated by ATF. The regulations or
orders will require licensees and certificate holders to transfer any
enhanced weapons that they are no longer authorized to lawfully possess
under section 161A., or that they wish to dispose of, to (1) a Federal,
State, or local government entity; (2) a Federal firearms licensee
authorized to receive the enhanced weapons under applicable law and
regulations; and (3) other NRC licensees and certificate holders
subject to section 161A. that are authorized to receive and possess
these weapons. Licensees and certificate holders may also abandon such
weapons to ATF. Transfers of such enhanced weapons must be made in
accordance with section 6 of these guidelines.
The regulations or orders will require licensees and certificate
holders to transfer any enhanced weapons (1) prior to NRC approval of
the termination or modification of a licensee's or certificate holder's
authority to possess the enhanced weapons under section 161A., and (2)
as soon as practicable following NRC suspension or revocation of the
licensee's or certificate holder's authority to lawfully possess
enhanced weapons under section 161A.
Licensees and certificate holders who have had their preemption
authority or enhanced weapons and preemption authority suspended or
revoked may reapply for such authority by filing a new application for
such authority under these guidelines.
Licensees and certificate holders who intend to obtain enhanced
weapons different from the weapons previously approved by the NRC must
submit to the NRC for prior review and approval revised physical
security plans, training and qualification plans, safeguards
contingency plans, and safety assessments addressing the use of these
different enhanced weapons.
8. Definitions
(a) As used in these guidelines--
Adverse firearms background check means a firearms background check
that has resulted in a ``denied'' or ``delayed'' NICS response.
Covered weapon means any handgun, rifle, shotgun, short-barreled
shotgun, short-barreled rifle, semi-automatic assault weapon,
machinegun, ammunition for any such weapon, or large capacity
ammunition feeding device as specified under section 161A. Covered
weapons include both enhanced weapons and standard weapons.
Enhanced weapon means any short-barreled shotgun, short-barreled
rifle, or machinegun. Enhanced weapons do not include destructive
devices as defined in 18 U.S.C. 921(a). Enhanced weapons do not include
standard weapons.
Firearms background check means a background check by the Attorney
General pursuant to section 161A. that includes a check against the
Federal Bureau of Investigation's (FBI's) fingerprint system and the
NICS.
NICS means the National Instant Criminal Background Check System
established by Section 103(b) of the Brady Handgun Violence Prevention
Act, Public Law 103-159, 107 Stat.
[[Page 46806]]
1536, that is operated by the FBI's Criminal Justice Information
Services Division.
NICS response means a response provided by the FBI as the result of
a firearms background check against the NICS. Such a response may be
``proceed,'' ``delayed,'' or ``denied.''
Standard weapon means any handgun, rifle, shotgun, semi-automatic
assault weapon, or large capacity ammunition feeding device. Standard
weapons do not include enhanced weapons.
Satisfactory firearms background check means a firearms background
check that has resulted in a ``proceed'' NICS response.
(b) The terms ``handgun, rifle, shotgun, short-barreled shotgun,
short-barreled rifle, semi-automatic assault weapon, machinegun,
ammunition, and large capacity ammunition feeding device'' have the
same meaning provided for these terms in 18 U.S.C. 921(a).
(c) The terms ``proceed,'' ``delayed,'' and ``denied,'' as used in
NICS responses, have the same meaning provided for these terms in the
FBI's regulations in 28 CFR part 25.
Disclaimer
These guidelines may not be relied upon to create any rights,
substantive or procedural, enforceable by law by any party in any
manner, civil or criminal, and they do not place any limitations on
otherwise lawful activities of the agencies.
[FR Doc. E9-21980 Filed 9-10-09; 8:45 am]
BILLING CODE 7590-01-P