[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35984-35989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14075]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0127]


Interim Eligible Class of NRC-Licensed Facilities; Docket Nos. 
(as Shown in Attachment 1), License Nos. (as Shown in Attachment 1), 
EA-13-092; Order Designating an 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

I

    In accordance with the Atomic Energy Act (AEA) of 1954, as amended, 
the licensees identified in Attachment 1 to this Order hold licenses 
issued by the U.S. Nuclear Regulatory Commission (NRC) authorizing the 
operation of nuclear power reactor facilities licensed under Part 50 of 
Title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Production and Utilization Facilities,'' a Category I 
special nuclear material (CAT-I SNM) facility licensed under 10 CFR 
Part 70, ``Domestic Licensing of Special Nuclear Material,'' and an 
Independent Spent Fuel Storage Installation (ISFSI) licensed under 10 
CFR Part 72, ``Licensing Requirements for the Independent Storage of 
Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related 
Greater Than Class C Waste,'' whose physical security program is 
conducted as a support activity of the co-located power reactor 
facility respectively.
    Specific physical protection program requirements for nuclear power 
reactors are contained in 10 CFR 73.55, ``Requirements for Physical 
Protection of Licensed Activities in Nuclear Power Reactors Against 
Radiological Sabotage.'' Specific physical protection program 
requirements for CAT-I SNM facilities are contained in 10 CFR 73.45, 
``Performance Capabilities for Fixed Site Physical Protection 
Systems,'' and 10 CFR 73.46, ``Fixed Site Physical Protection Systems, 
Subsystems, Components, and Procedures.'' Specific physical protection 
program requirements for ISFSIs are contained in 10 CFR 73.51, 
``Requirements for the Physical Protection of Stored Spent Nuclear Fuel 
and High-Level Radioactive Waste,'' and 10 CFR 73.55.

II

    Section 161A, ``Use of Firearms by Security Personnel,'' of the AEA 
(42 United States Code (U.S.C.) 2201a) confers upon the Commission the 
authority to permit the security personnel at designated NRC-licensed 
facilities to possess and use firearms, ammunition, and other devices, 
such as large-capacity ammunition feeding devices, notwithstanding 
local, State, and certain Federal firearms laws that may prohibit such 
possession and use.
    The provisions of Section 161A took effect on September 11, 2009, 
with publication in the Federal Register (FR) of the guidelines 
approved by the NRC and the U.S. Attorney General entitled, 
``Guidelines on the Use of Firearms by Security Personnel in Protecting 
U.S. NRC Regulated Facilities, Radioactive Material, and Other 
Property'' (74 FR 46800; September 11, 2009) (referred to as ``Firearms 
Guidelines'').
    The NRC is issuing EA-13-092 to implement the authority granted to 
the Commission under Section 161A before the completion and issuance of 
a final rule implementing this authority. The Commission is taking this 
interim action

[[Page 35985]]

in response to several requests from NRC licensees for Commission 
authorization to use Section 161A preemption authority.
    Specifically, this Order accomplishes the following:
    1. Designates an interim class of NRC-licensed facilities, as 
listed in Attachment 1, that are eligible to apply to the Commission 
for authorization to use
    Section 161A preemption authority;
    2. Provides a process for submitting an application to the 
Commission for authorization to use Section 161A preemption authority, 
in accordance with Attachment 2; and,
    3. Requires that the licensees listed in Attachment 1 of this Order 
subject all personnel who require access to firearms in the performance 
of their official duties to a firearms background check in accordance 
with Section 161A.c as described in Attachment 3.
    Nothing in this Order relieves a licensee from compliance with 
applicable U.S. Department of Alcohol, Tobacco, Firearms, and 
Explosives requirements, or any other Federal, State, and local 
firearms laws and regulations. This Order does not provide or grant any 
authority or permission to transfer, receive, possess, transport, 
import, or use ``enhanced weapons'' as this term is defined in Section 
8 of the Firearms Guidelines. The Commission's authority under Section 
161A does not include any permission to transfer, receive, possess, 
transport, import, or use destructive devices as defined under 27 
U.S.C. Chapter 53, ``The National Firearms Act,'' including explosive 
devices such as grenades or weapons with a bore diameter greater than 
12.7 mm (0.5 inches or 50 caliber).
    As authorized under Section 161A, and as described in Section 2 of 
the Firearms Guidelines, the Commission is issuing this Order to 
designate the licensees listed in Attachment 1 as an interim class of 
NRC-licensed facilities that may voluntarily apply to the Commission 
for authorization to use Section 161A preemption authority in advance 
of the Commission's issuance of a final rule on this subject.
    A licensee's application for permission to use Section 161A 
preemption authority is voluntary and, therefore, the designated 
facilities listed in Attachment 1 are not required to submit an 
application in response to this Order. However, the designated 
facilities are required to conduct firearms background checks in 
accordance with Attachment 3 to this Order. If a licensee at a 
designated facility chooses to take advantage of the provisions of 
Section 161A, an application must be submitted to the NRC, in 
accordance with Attachment 2. In addition, applications and other 
documents produced in response to this Order that contain classified 
information, as defined in 10 CFR part 95, ``Facility Security 
Clearance and Safeguarding of National Security Information and 
Restricted Data,'' or Safeguards Information as defined by 10 CFR 
73.22, ``Protection of Safeguards Information: Specific Requirements,'' 
shall be properly marked and handled, in accordance with applicable 
requirements in 10 CFR part 95, 10 CFR 73.21, ``Protection of 
Safeguards Information: Performance Requirements,'' and 10 CFR 73.22.

III

    As discussed above, the Commission has designated the facilities 
listed in Attachment 1 as an interim class of NRC-licensed facilities 
that are eligible to apply to the NRC for Commission authorization to 
use Section 161A preemption authority. Licensees choosing to apply to 
the Commission for Section 161A preemption authority must meet the 
following conditions:
    1. The NRC-licensed facility must be in the class of facilities 
designated by the Commission in Attachment 1 as eligible to apply for 
preemption authority.
    2. The licensee must employ covered weapons (as defined in the 
Firearms Guidelines) as part of their protective strategy.
    3. Possession, use, or access to covered weapons must be necessary 
in the discharge of official duties by personnel at a facility in the 
class of facilities designated by the Commission in Attachment 1 as 
eligible to apply for preemption authority.
    Licensees of the facilities listed in Attachment 1 that choose to 
apply for permission to use Section 161A preemption authority must use 
the application process outlined in Attachment 2 and must submit the 
application in accordance with the provisions of 10 CFR 50.90, 
``Application for Amendment of License, Construction Permit, or Early 
Site Permit,'' or 10 CFR 70.34, ``Amendment of Licenses,'' and 10 CFR 
72.56, ``Application for Amendment of License,'' as appropriate. 
Applications will be subject to a minimum of 60 days for routine 
processing. Submittal of an application to the NRC is voluntary and, 
therefore, recipients of this Order are not required to apply.
    Applications must include, at a minimum, all the information 
specified in Attachment 2. All applications will be reviewed on a case-
by-case basis. If an application is approved by the Commission, 
authorization to use Section 161A preemption authority will be granted 
by the Commission through a confirmatory order that will permit the 
security personnel at the affected facility to possess and use firearms 
and large-capacity ammunition feeding devices that were not previously 
permitted to be owned or possessed under Commission authority, 
notwithstanding local, State, and certain Federal firearms laws (and 
implementing regulations) that would otherwise prohibit such possession 
and use.
    Licensees of the facilities listed in Attachment 1 are required to 
conduct firearms background checks of all personnel who require access 
to any firearm listed in Section 161A.b in the performance of their 
official duties, as provided in Attachment 3 to this Order, whether the 
licensee applies for preemption authority or not. Such personnel shall 
be subject to a firearms background check by the U.S. Attorney General 
consisting of a fingerprint-based background check against applicable 
Federal Bureau of Investigation (FBI) databases and a name-based 
background check against the FBI's National Instant Criminal Background 
Check System. Accordingly, all licensees at the designated facilities 
listed in Attachment 1 shall submit a completed hard-copy FBI Form FD-
258, ``Fingerprint Card,'' to the NRC as specified in Attachment 3, for 
all security personnel who will receive, possess, transport, import, or 
use any firearm, weapon, ammunition, or a device listed in Section 
161A.b. Each licensee must also remit to the NRC a $70 administrative 
processing fee for each FBI Form FD-258 submitted to the NRC for the 
conduct of the required firearms background checks. Payment shall be 
made to the NRC using the processes described in Attachment 3.

IV

    Accordingly, under Sections 53, 103 or 104b (depending on the 
license), Sections 161b, 161i, 161o, 161A, and 182 of the AEA of 1954, 
as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR 
Part 50, 10 CFR Part 70, and 10 CFR Part 72, it is hereby ordered that 
all recipients of this Order as listed in Attachment 1 shall:
    1. Subject all individuals who are assigned duties that require the 
possession, use, or access to firearms and devices listed in Section 
161A.b to a firearms background check in accordance with Section 161A.c 
``Background Checks,'' and the process specified in Attachment 3.

[[Page 35986]]

    2. Begin submitting requests for firearms background checks within 
30 days of the effective date of this Order, and complete all firearms 
background checks within 180 days of the effective date of this Order.
    3. Notify the NRC after a sufficient number of personnel have 
successfully completed the requisite firearms background check such 
that the licensee's security organization can be staffed as specified 
in each licensee's NRC-approved security plans, and the licensee's site 
protective strategy and procedures can be effectively implemented, 
while meeting applicable fatigue requirements in 10 CFR Part 26, 
``Fitness for Duty Programs.'' This notification shall be submitted by 
the licensee or duly authorized officer thereof in writing and under 
oath and affirmation.
    4. Notify the NRC as soon as practicable and in accordance with the 
applicable reporting requirements in 10 CFR 73.71, ``Reporting of 
Safeguards Events,'' of any situation in which the licensee would not 
be able to sufficiently staff the security organization within 180 days 
of the effective date of this Order.
    5. Remit to the NRC a $70 administrative processing fee for each 
firearms background check requested using the processes outlined in 
Attachment 3.
    Notifications shall be submitted to the Director of the NRC 
licensing office responsible for licensing actions at the affected 
facility and shall be marked and protected as required for the 
sensitivity of the information presented. As applicable, the Director, 
Office of Nuclear Reactor Regulation, the Director, Office of Nuclear 
Material Safety and Safeguards, or the Director, Office of Federal and 
State Materials and Environmental Management Programs may, in writing, 
relax or rescind any of the above conditions upon demonstration by the 
Licensee of good cause.
    This Order is effective 20 days after the date of issuance.
    Publicly available documents created or received at the NRC are 
available at the NRC's Public Document Room (PDR), located at One White 
Flint North, Public File Area, Room 01-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. Publicly available documents created 
or received at the NRC are also accessible electronically through the 
Agencywide Documents Access and Management System (ADAMS) in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not 
have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS should contact the NRC's PDR reference staff 
by telephone at 1-800-397-4209 or 301-415-4737, or by email to 
[email protected].

    Dated at Rockville, Maryland, this 5th day of June 2013.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
Mark Satorius,
Director, Office of Federal and State Materials and Environmental 
Management Programs.
Daniel H. Dorman,
Acting Director, Office of Nuclear Reactor Regulation.

Attachment 1: List of Affected Licensees

Babcock & Wilcox Nuclear Operation Group-Lynchburg, Docket No. 70-027, 
License No. SNM-42, Mr. Sandy Baker, President, Babcock & Wilcox, 
Nuclear Operations Group-Lynchburg, 2016 Mount Athos Road, Lynchburg, 
VA 24504.
Calvert Cliffs Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-317 
and 50-318, License Nos. DPR-53 and DPR-69, Calvert Cliffs Independent 
Spent Fuel Storage Installation, Docket No. 72-8, Specific License No. 
SNM-2505, Mr. George H. Gellrich, Vice President, Calvert Cliffs 
Nuclear Power Plant, LLC., Calvert Cliffs Nuclear Power Plant, 1650 
Calvert Cliffs Parkway, Lusby, MD 20657-4702.
Diablo Canyon Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-275 
and 50-323, License Nos. DPR-80 and DPR-82, Diablo Canyon-Independent 
Spent Fuel Storage Installation, Docket No. 72-26, Specific-License No. 
SNM-2511, Mr. John T. Conway, Senior Vice President--Energy Supply and 
Chief Nuclear Officer, Pacific Gas and Electric Company, Diablo Canyon 
Power Plant, 77 Beale Street, Mail Code B32, San Francisco, CA 94105.
Indian Point Nuclear Generating, Unit 1, Docket No. 50-003, License No. 
DPR-5, Indian Point Nuclear Generating, Units 2, and 3, Docket Nos. 50-
247, 50-286, and 72-51, License Nos. DPR-26 and DPR-64, Mr. John 
Ventosa, Vice President, Operations, Entergy Nuclear Operations, Inc., 
Indian Point Energy Center, 450 Broadway, GSB, P.O. Box 249, Buchanan, 
NY 10511-0249.
James A. FitzPatrick Nuclear Power Plant, Docket Nos. 50-333 and 72-12, 
License No. DPR-59, Mr. Mike Colomb, Vice President, Operations, 
Entergy Nuclear Operations, Inc., James A. FitzPatrick Nuclear Power 
Plant, P.O. Box 110, Lycoming, NY 13093.
Nine Mile Point Nuclear Station, Units 1 and 2, Docket Nos. 50-220, 50-
410, and 72-1036, License Nos. DPR-63 and NPF-69, Mr. Ken Langdon, Vice 
President Nine Mile Point, Nine Mile Point Nuclear Station, LLC, P.O. 
Box 63, Lycoming, NY 13093.
R.E. Ginna Nuclear Power Plant, Docket Nos. 50-244 and 72-67, License 
No. DPR-18, Mr. Joseph E. Pacher, Vice President, R.E. Ginna Nuclear 
Power Plant, LLC, R.E. Ginna Nuclear Power Plant, 1503 Lake Road, 
Ontario, NY 14519.
San Onofre Nuclear Generating Station, Units 2 and 3, Docket Nos. 50-
361, 50-362, and 72-41, License Nos. NPF-10 and NPF-15, Mr. Peter T. 
Dietrich, Senior Vice President and Chief Nuclear Officer, Southern 
California Edison Company, San Onofre Nuclear Generating Station, P.O. 
Box 128, San Clemente, CA 92674-0128.

Attachment 2: Application Process for Requesting Commission 
Authorization to Use Section 161A Preemption Authority

    Recipients of EA-13-092 are within the interim class of facilities 
designated by the U.S. Nuclear Regulatory Commission (NRC) as eligible 
to voluntarily apply for Commission authorization to use preemption 
authority under Section 161A of the Atomic Energy Act of 1954, as 
amended (42 U.S.C. 2201a). Applications must be submitted to the NRC 
for review and approval under the provisions of Title 10 of the Code of 
Federal Regulations (10 CFR) 50.90, ``Application for Amendment of 
License, Construction Permit, or Early Site Permit,'' or 10 CFR 70.34 
``Amendment of Licenses,'' and 10 CFR 72.56 ``Application for Amendment 
of License'' as appropriate, and will be reviewed and approved 
individually on a case-by-case basis.
    If an application is approved by the Commission, permission to use 
Section 161A preemption authority will be granted under a confirmatory 
order and will permit the security personnel of the licensee granted 
such permission to possess and use weapons, devices, ammunition, or 
other firearms, notwithstanding local, State, and certain Federal 
firearms laws that may prohibit such possession and use. Licensees must 
receive permission from the NRC through a confirmatory order before 
they are authorized to use Section 161A preemption authority.
    Licensees that choose to apply for Section 161A preemption 
authority must meet the following criteria: (1) The

[[Page 35987]]

licensee must be in the class of facilities designated by the 
Commission in Attachment 1; (2) the licensee must employ covered 
weapons (as defined in the ``Guidelines on the Use of Firearms by 
Security Personnel in Protecting U.S. NRC-Regulated Facilities, 
Radioactive Material, and Other Property,'' (74 FR 46800; September 11, 
2009) (``Firearms Guidelines'')) as part of its protective strategy; 
and (3) access to, or possession of, covered weapons must be necessary 
in the discharge of official duties by personnel assigned to the 
individual facility falling within the class of facilities designated 
by the Commission.
    A single application should be submitted to the NRC in the form of 
a letter and, at a minimum, must contain the following:
     Name of the licensee
     facility name
     docket number and license number (to include Independent 
Spent Fuel Storage Installation docket number, if applicable)
     a statement that the licensee is applying for ``Commission 
authorization to use Section 161A preemption authority under 42 U.S.C. 
2201a''
     a statement that the facility is within the interim class 
of facilities designated by the Commission as listed in Attachment 1 of 
this order
     a statement describing the reason for requesting Section 
161A preemption authority. This description shall include: (1) The 
local, State, or Federal law (or implementing regulation) for which 
Section 161A preemption authority is being requested, and (2) a 
description of the types and calibers of weapons and ammunition feeding 
devices for which Section 161A preemption authority is necessary. This 
description must be sufficiently detailed for the NRC staff to conclude 
the following:
    1. The licensee employs firearms or devices defined as covered 
weapons in accordance with the Firearms Guidelines, and are listed in 
Section 161A.b;
    2. the identified covered weapons are used as part of the site 
protective strategy at a Commission-designated facility listed in 
Attachment 1;
    3. possession, use, or access to the identified covered weapons is 
necessary in the discharge of official duties by security personnel who 
are engaged in protecting a Commission-designated facility listed in 
Attachment 1; and
    4. other information provided by the licensee supports the need for 
Commission authorization consistent with the criteria in the AEA and 
Firearms Guidelines.

Attachment 3: Process for Conducting Firearms Background Checks

    As required by Section 161A.c. of the Atomic Energy Act (AEA) of 
1954, as amended (42 U.S.C. 2201a), any person who receives, possesses, 
transports, imports, or uses a weapon, ammunition, or a device under 
Section 161A.b. shall be subject to a background check by the Attorney 
General, based on fingerprints and including a background check under 
Section 103(b) of the Brady Handgun Violence Prevention Act (Pub. L. 
103-159; 18 U.S.C. 922 note) to determine whether the person is 
prohibited from possessing or receiving a firearm under Federal or 
State law.
    All licensees within the designated class of facilities identified 
in Attachment 1 shall implement the following requirements and must 
notify the U.S. Nuclear Regulatory Commission (NRC) in writing upon the 
satisfactory completion of a sufficient number of firearms background 
checks to staff the site security organization and continue the 
effective implementation of its physical protection program, 
specifically, its NRC-approved security plans, site protective 
strategy, and implementing procedures while meeting applicable fatigue 
requirements in Part 26 of Title 10 of the Code of Federal Regulations 
(10 CFR), ``Fitness for Duty Programs.''
    1. Within 30 days after the effective date of EA-13-092, the 
licensee of each facility listed in Attachment 1 shall begin submitting 
for firearms background checks, a hard copy Federal Bureau of 
Investigation (FBI) Form FD-258, ``Fingerprint Card,'' for each member 
of the security organization whose official duties require, or will 
require, the possession, use, or access to any firearm.
    2. Procedures for processing Form FD-258 for firearms background 
checks.
    a. Affected licensees shall submit one completed, legible, standard 
fingerprint card (Form FD-258, ORIMDNRCOOOZ) for each member of the 
security organization who will receive, possess, transport, import, or 
use any firearm, weapon, ammunition, or a device.
    b. Affected licensees shall submit each Form FD-258, using an 
appropriate method listed in 10 CFR 73.4, to the Director of the NRC's 
Division of Facilities and Security, Mail Stop: TWB-05B32M, marked for 
the attention of the Division's Criminal History Program. Copies of 
these forms may be obtained by writing the Office of Information 
Services, U.S. Nuclear Regulatory Commission, Attention: Forms Manager, 
Washington, DC 20555-0001; by calling 630-829-9565; or by email to 
[email protected]. The licensee shall establish procedures to ensure that 
the quality of the fingerprints taken results in minimizing the 
rejection rate of fingerprint cards due to illegible or incomplete 
cards.
    c. The firearms background check requires both a fingerprint-based 
check and a name-based check through the FBI National Instant Criminal 
Background Check System (NICS). Because of the nature of this interim 
process, a hard copy FD-258 must be completed and submitted to the NRC. 
A hard-copy FD-258 is necessary because the format of the electronic 
information exchange system does not support the transfer of all 
required information for processing through the FBI NICS database.
    d. The following information fields specified on the FBI Form FD-
258 shall be completely and accurately filled-in with appropriate 
identifying information. Specifically, individuals must complete the 
following fields:

I. First name
II. last name
III. place of birth
IV. gender
V. date of birth
VI. height
VII. weight
VIII. race: (choose one of the following codes)
    [cir] American Indian or Alaska Native
    [cir] Asian
    [cir] Black or African-American
    [cir] Hispanic or Latino
    [cir] Native Hawaiian or other Pacific Islander
    [cir] White
IX. residence and employer addresses of person fingerprinted: Complete 
mailing addresses of current residence and duty station are required. 
(NICS check includes query of State records for disqualifying 
information in both State of residence and State of duty station.)
    [cir] street number (Post Office box numbers cannot be accepted)
    [cir] street name
    [cir] city
    [cir] State (required)
    [cir] ZIP Code
X. citizenship
XI. reason fingerprinted ``Firearms Background Check (42 U.S.C. 
2201a)''
XII. social security number
XIII. ORI Number: MDNRCNICZ

    e. Fees for the processing of firearms background checks are due 
upon application. Licensees shall submit payment with the Form FD-258 
for the processing of firearms background checks through corporate 
check,

[[Page 35988]]

certified check, cashier's check, money order, or electronic payment, 
made payable to ``U.S. NRC.'' (For guidance on making electronic 
payments, contact the Facility and Security Branch, Division of 
Facilities and Security, at 301-492-3531). Combined payment for 
multiple applications is acceptable. The application fee is the sum of 
the user fee charged by the FBI for each firearms background check or 
other fingerprint record submitted by the NRC on behalf of a licensee, 
and an administrative processing fee assessed by the NRC. The NRC 
processing fee covers administrative costs associated with NRC handling 
of licensee Form FD-258 submissions. The NRC publishes the amount of 
the firearms background check application fee on the NRC's public Web 
site. (To find the current fee amount, go to the Electronic Submittals 
page at http://www.nrc.gov/site-help/e-submittals.html and see the link 
for the Criminal History Program under Electronic Submission Systems.) 
The NRC will forward to the submitting licensee all data received from 
the FBI as a result of the licensee's application(s) for firearms 
background checks, to include the FBI fingerprint record.
    f. Right to correct and complete information. Before making any 
final adverse determination, the licensee shall make available to the 
individual the contents of records obtained from the FBI for the 
purpose of assuring correct and complete information. Confirmation of 
receipt by the individual of this notification must be maintained by 
the licensee for a period of 5 years from the date of the notification. 
If after reviewing the record, an individual believes that it is 
incorrect or incomplete in any respect and wishes changes, corrections, 
or updating (of the alleged deficiency), or to explain any matter in 
the record, the individual may initiate challenge procedures. These 
procedures include direct application by the individual challenging the 
record to the agency (i.e., law enforcement agency) that contributed 
the questioned information or direct challenge as to the accuracy or 
completeness of any entry on the criminal history record to the 
Assistant Director, Federal Bureau of Investigation Identification 
Division, Washington, DC 20537-9700 as set forth in 28 CFR 16.30, 
``Purpose and Scope,'' through 16.34, ``Procedure to Obtain Change, 
Correction or Updating of Identification Records.'' In the latter case, 
the FBI then forwards the challenge to the agency that submitted the 
data requesting that agency to verify or correct the challenged entry. 
Upon receipt of an official communication directly from the agency that 
contributed the original information, the FBI Identification Division 
makes any changes necessary in accordance with the information supplied 
by that agency. Licensees must provide at least 10 days for an 
individual to initiate action to challenge the results of an FBI 
criminal history records check after the record being made available 
for his/her review. The licensee may make a final adverse determination 
based upon the criminal history record, if applicable, only upon 
receipt of the FBI's confirmation or correction of the record.
    3. The licensee shall retain a copy of all information submitted 
and received for firearms background checks for a minimum of 5 years 
after the information is superseded through periodic reinvestigation or 
the termination of an individual's access to firearms.
    4. By 180 days after the effective date of EA-13-092, the licensee 
shall remove from any current armed duties, any individual who has not 
completed a satisfactory firearms background check. Additionally, no 
later than 180 days after the effective date of EA-13-092, licensees at 
the designated facilities listed in Attachment 1 shall not assign any 
individual to any armed duties unless the individual has completed a 
satisfactory firearms background check. A satisfactory firearms 
background check means a ``proceed'' response has been received by the 
licensee, from the FBI, through the NRC.
    5. During the 180-day transition period after the effective date of 
EA-13-092, individuals who receive a ``delayed'' response from the FBI 
to their firearms background check may continue to have access to 
standard weapons as defined in the ``Guidelines on the Use of Firearms 
by Security Personnel in Protecting U.S. NRC-Regulated Facilities, 
Radioactive Material, and Other Property'' (74 FR 46800) dated 
September 11, 2009 (``Firearms Guidelines'') as part of their official 
duties not to exceed midnight of the 180th day.
    6. Consistent with the NRC-approved security plans, the licensee 
shall remove from armed duties, without delay, any individual who has 
received a ``denied'' response from the FBI.
    7. Licensees may return an individual to armed duties if the 
individual receives a ``proceed'' response from the FBI, subsequent to 
receiving a ``delayed'' or ``denied'' response.
    8. The licensee shall provide instructions to all personnel subject 
to a firearms background check for appealing ``delayed'' or ``denied'' 
responses. An individual security officer is responsible for appealing 
a ``denied'' response or resolving a ``delayed'' response directly with 
the FBI.
    9. The licensee shall revise its site training and qualification 
program, as needed, to provide each individual with instructions on 
identifying events or status that would disqualify the individual from 
possession or use of firearms and the continuing responsibility of each 
individual to promptly notify the licensee of the occurrence of any 
such event or status.
    10. Individuals who require access to firearms shall notify the 
licensee's security management within 3 working days of the occurrence 
or existence of any disqualifying event or status. Disqualifying events 
or status are discussed in 27 CFR 478.32, ``Prohibited Shipment, 
Transportation, Possession, or Receipt of Firearms and Ammunition by 
Certain Persons,'' the Gun Control Act of 1968 (18 U.S.C. 922(g) and 
(n)), and any applicable State laws.
    11. The licensee shall remove from armed duties, without delay, any 
individual for whom disqualifying information has become known or where 
a satisfactory firearms background check re-investigation has not been 
completed. When the individual is on duty at the time disqualifying 
information is received, the term ``without delay'' means that the 
licensee shall, beginning at the time of notification, remove the 
individual from armed duties and reconstitute the minimum staffing 
level within the timeframe specified for reconstitution of the minimum 
staffing levels described in the NRC-approved security plans and 
applicable 10 CFR Part 73, ``Physical Protection of Plants and 
Materials,'' requirements, or sooner if practicable.
    12. The licensee shall subject all individuals who require access 
to firearms as part of their official duties to a periodic firearms 
background check re-investigation at least once every 5 years, 
following the initial or most recent satisfactory firearms background 
check. Licensees may conduct periodic firearms background checks at a 
period shorter than 5 years, at their discretion. Re-investigations 
shall be satisfactorily ``completed'' within the same calendar month as 
the initial or most recent firearms background check, with an allowance 
to midnight of the last day of the month of expiration. The licensee 
may continue the individual's access to firearms pending completion of 
the re-investigation, not to exceed midnight of the last day of the 
month of expiration.

[[Page 35989]]

    13. The licensee shall complete a ``new'' firearms background check 
or reinvestigation for individuals who have:
    a. Had a break in employment of greater than 7 consecutive calendar 
days (1 week) with the licensee or the licensee's security contractor. 
Temporary active duty in the military Reserves or National Guard is not 
considered to be a break in employment for the purpose of this Order 
and the required firearms background check.
    b. Transferred to the employment of the licensee or the licensee's 
security contractor. A satisfactorily completed firearms background 
check performed by a previous employer or completed for employment 
within a State other than the State in which the individual will be 
performing armed duties, is not transferable.
    14. The licensee shall notify the NRC Headquarters Operations 
Center by telephone within 72 hours after removing an individual from 
armed duties as a result of the discovery of any disqualifying status 
or event. Applicable telephone numbers are specified in Appendix A, 
``U.S. Nuclear Regulatory Commission Offices and Classified Mailing 
Addresses,'' to 10 CFR Part 73. Notification timeliness shall commence 
from time of discovery by the licensee or the time of reporting by the 
individual security officer. The licensee is not required to notify the 
NRC if the individual security officer has disclosed the disqualifying 
event or status to the licensee as specified in Appendix B.4, ``Weapons 
Qualification and Requalification Program,'' to 10 CFR Part 73.

[FR Doc. 2013-14075 Filed 6-13-13; 8:45 am]
BILLING CODE 7590-01-P