[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36100-36104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14860]
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NUCLEAR REGULATORY COMMISSION
[NRC-2008-0465]
Revision of Guidelines on Use of Firearms by Security Personnel
AGENCY: Nuclear Regulatory Commission.
ACTION: Firearms Guidelines; Issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing, with
the approval of the U.S. Attorney General, revised guidelines on the
use of weapons by the security personnel of licensees and certificate
holders whose official duties include the protection of a facility,
certain radioactive material, or other property owned or operated by an
NRC licensee or certificate holder, or of
[[Page 36101]]
radioactive material or other property that is being transported to or
from a facility owned or operated by such a licensee or certificate
holder. The revised guidelines are entitled, ``Guidelines on the Use of
Firearms by Security Personnel in Protecting U.S. NRC-Regulated
Facilities, Radioactive Material, and Other Property, Revision 1''
(Revised Firearms Guidelines). The NRC first issued firearms guidelines
on September 11, 2009.
DATES: The Revised Firearms Guidelines take effect on June 25, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0465 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0465. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
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 or 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.
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.
FOR FURTHER INFORMATION CONTACT: Norman St. Amour, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1589, email: [email protected].
SUPPLEMENTARY INFORMATION: Section 161A of the Atomic Energy Act of
1954, as amended (AEA) (``Use of Firearms by Security Personnel,'' 42
U.S.C. 2201a), provides statutory authority for the Commission to
authorize the security personnel of an NRC licensee or certificate
holder to transfer, receive, possess, transport, import, and use
certain guns, weapons, ammunition, and devices notwithstanding State,
local, and certain Federal firearms laws that prohibit such actions
(161A Authority). Section 161A of the AEA took effect on September 11,
2009, when the Commission issued, with the approval of the U.S.
Attorney General, the original Firearms Guidelines (74 FR 46800).
The Commission and the U.S. Department of Justice (DOJ) identified
various issues that emerged following publication of the original
Firearms Guidelines on September 11, 2009. The NRC and the DOJ worked
together to revise the Firearms Guidelines to address these issues
(ADAMS Accession No. ML14086A096).
The primary change under the Revised Firearms Guidelines is to the
firearms background check requirement. Currently, the security
personnel of all NRC licensees and certificate holders eligible to
apply for 161A preemption authority must undergo a firearms background
check conducted by the Federal Bureau of Investigation (FBI), whether
or not the licensee or certificate holder intends to apply for
preemption authority. Under the Revised Firearms Guidelines, only the
security personnel of those NRC licensees and certificate holders that
actually apply for 161A preemption authority would be required to
undergo a firearms background check. This change will reduce the
administrative and financial burden on licensees and certificate
holders, the NRC, and the FBI. There are also minor revisions and
conforming changes to the Revised Firearms Guidelines.
The Attorney General approved the Revised Firearms Guidelines by
letter dated March 21, 2014. The Commission approved the Revised
Firearms Guidelines and their publication in the Federal Register on
May 28, 2014. The Revised Firearms Guidelines are available in ADAMS
under Accession No. ML14108A422 and are in the attachment to this
document.
Dated at Rockville, Maryland, this 18th day of June 2014.
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, Revision 1
1. Authority and Scope
On August 8, 2005, the President signed into law the Energy
Policy Act of 2005 (the Act), Pub. L. 109-58, 119 Stat. 594 (2005).
Section 653 of the Act amended the Atomic Energy Act of 1954, as
amended, (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. First,
the Commission is authorized to permit the security personnel of
licensees and certificate holders to obtain enhanced weapons, such
as machineguns, short-barreled shotguns, and short-barreled rifles,
not previously permitted to be owned or possessed under Commission
authority (enhanced weapons authority). Second, section 161A
authorizes the Commission to permit the security personnel of
licensees or certificate holders 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
conduct (preemption authority).
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.
[[Page 36102]]
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 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.
Section 161A took effect with the publication of these
guidelines in the Federal Register on September 11, 2009 (74 FR
46800).
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 designate specific
classes of licensees and certificate holders eligible to apply to
the Commission to use the authority of section 161A. Commission
regulations or orders will designate the specific types of
facilities, 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 NRC licensees or
certificate holders that have been designated by the Commission
pursuant to section 161A, and that have chosen to apply for
preemption authority only or for enhanced weapons authority and
preemption authority, to ensure that their armed security personnel
who will have access to covered weapons and who are engaged in the
protection of a designated facility, radioactive material, or other
property, complete a satisfactory firearms background check as
described in section 5 of these guidelines.
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.
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
enhanced 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 enhanced weapons that will be used by security
personnel; and must address how these enhanced 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 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, NRC licensees and certificate holders
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. Licensees
and certificate holders may apply to the NRC for preemption
authority only or 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
[[Page 36103]]
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 NRC licensees and certificate holders
designated by the Commission pursuant to section 161A, and who have
applied for preemption authority only or for enhanced weapons
authority and preemption authority, ensure that their armed security
personnel who have access to covered weapons and who are engaged in
the protection of a designated facility, radioactive material, or
other property, complete a firearms background check. 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.
An applicant for preemption authority only or for enhanced
weapons authority and preemption authority may begin firearms
background checks of its security personnel who 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 notifies the applicant that its application
has been accepted for review. Upon notification that any personnel
have received a ``denied'' National Instant Criminal Background
Check system (NICS) response, an applicant must immediately remove
such personnel from duties that would require access to covered
weapons. Once a licensee or certificate holder has been granted
preemption authority only or enhanced weapons authority and
preemption authority under section 161A, a licensee or certificate
holder must prohibit any personnel receiving a ``denied'' or
``delayed'' NICS response from assuming duties requiring access to
covered weapons. 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.
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 in writing after 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.
Any licensee or certificate holder granted preemption authority
only or enhanced weapons authority and preemption authority is
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 promulgate regulations or issue orders
requiring a licensee or certificate holder who has been granted
preemption authority only or enhanced weapons authority and
preemption authority 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 licensee or certificate holder for
good cause shown, as determined by the licensee or certificate
holder. 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 removal of the enhanced weapons from a licensee's or
certificate holder's facility by a contractor would constitute a
transfer of those weapons unless
[[Page 36104]]
accompanied by the licensee's security personnel who are authorized
to direct the contractor and therefore maintain control over the
weapons. The licensee or certificate holder may only transfer (by
sale or otherwise) enhanced weapons 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
enhanced 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. Only authorized
personnel shall have access to the contents of the container.
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 otherwise prohibited by State, local, or
certain federal laws, including regulations, as specified under
section 161A.b.
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).
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, Pub. L. 103-159, 107 Stat. 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.''
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. 2014-14860 Filed 6-24-14; 8:45 am]
BILLING CODE 7590-01-P