[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Proposed Rules]
[Pages 57106-57121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23669]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / 
Proposed Rules  

[[Page 57106]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2011-0015; NRC-2011-0018]
RIN 3150-AI49


Enhanced Weapons, Firearms Background Checks, and Security Event 
Notifications

AGENCY: Nuclear Regulatory Commission.

ACTION: Supplemental proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations that would implement its authority under Section 
161A of the Atomic Energy Act of 1954, as amended (AEA), to permit NRC 
licensees and certificate holders to apply for preemption authority and 
enhanced weapons authority, and conduct associated firearms background 
checks. The NRC proposed new regulations on February 3, 2011, that 
would implement its authority under Section 161A. On January 10, 2013, 
the NRC proposed to further revise the regulations to include at-
reactor independent spent fuel storage installations (ISFSI) as a class 
of designated facilities. The NRC is now proposing to further revise 
the proposed rule language that addresses the voluntary application for 
enhanced weapons authority, preemption authority, and the mandatory 
firearms background checks under Section 161A.

DATES: Submit comments on the supplemental proposed rule and draft 
regulatory guide by December 7, 2015. Also submit comments specific to 
the information collection aspects of this supplemental proposed rule 
by December 7, 2015. Comments received after this date will be 
considered if it is practical to do so, but the Commission is able to 
ensure consideration only for comments received on or before this date.

ADDRESSES: You may submit comments on the supplemental proposed rule by 
any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    See Section XI, ``Paperwork Reduction Act,'' of this document for 
direction on submitting comments on the information collection aspects 
of this supplemental proposed rule. See Section XIV, ``Availability of 
Guidance,'' of this document for direction on submitting comments on 
the draft regulatory guide.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Margaret S. Ellenson, Office of 
Nuclear Reactor Regulation, telephone: 301-415-0894; email: 
[email protected]; Philip G. Brochman, Office of Nuclear 
Security and Incident Response, telephone: 301-287-3691; email: 
[email protected]; U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments.
    A. Obtaining Information.
    B. Submitting Comments.
II. Background.
III. Discussion.
IV. Section-by-Section Analysis.
V. Cumulative Effects of Regulation.
VI. Regulatory Flexibility Certification.
VII. Regulatory Analysis.
VIII. Backfitting and Issue Finality.
IX. Plain Writing.
X. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact.
XI. Paperwork Reduction Act.
XII. Criminal Penalties.
XIII. Voluntary Consensus Standards.
XIV. Availability of Guidance.
XV. Availability of Documents.

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2011-0018 or Docket ID NRC-2011-0015 
when contacting the NRC about the availability of information for this 
supplemental proposed rule or the draft regulatory guide, respectively. 
You may obtain publicly-available information related to this action by 
any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018 for the 
supplemental proposed rule and Docket ID NRC-2011-0015 for the revised 
draft regulatory guide.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section. In addition, for the convenience of 
the reader, instructions about obtaining materials related to this 
rulemaking are provided in Section XV, ``Availability of Documents,'' 
of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

[[Page 57107]]

B. Submitting Comments

    Please include the appropriate NRC Docket ID NRC-2011-0018 
(supplemental proposed rule) or NRC-2011-0015 (draft regulatory guide) 
in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS, and the NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

A. Section 161A of the AEA

    On August 8, 2005, President Bush signed into law the Energy Policy 
Act of 2005 (EPAct), Public Law 109-58, 119 Stat. 594 (2005). Section 
653 of the EPAct amended the AEA by adding Section 161A, ``Use of 
Firearms by Security Personnel'' (42 U.S.C. 2201a). Section 161A of the 
AEA provides the NRC with authority to permit a licensee's or 
certificate holder's security personnel to transfer, receive, possess, 
transport, import, and use weapons, devices, ammunition, or other 
firearms, notwithstanding State, local, and certain Federal firearms 
laws (and implementing regulations) that may prohibit or restrict these 
actions (preemption authority). Additionally, Section 161A authorized 
the Commission to permit the security personnel of licensees and 
certificate holders to obtain enhanced weapons, such as machine guns, 
short-barreled shotguns, and short-barreled rifles (enhanced weapons).
    Section 161A requires the Commission to designate the classes of 
facilities, radioactive material, and other property eligible to apply 
for preemption authority or enhanced weapon authority. Section 161A 
also mandates that all security personnel that receive, possess, 
transport, import, or use a weapon, ammunition, or a device otherwise 
prohibited by State, local, or certain Federal laws, including 
regulations, as provided by Section 161A.b. (42 U.S.C. 2201a(b)), shall 
be subject to a fingerprint-based background check by the U.S. Attorney 
General and a firearms background check against the Federal Bureau of 
Investigation's (FBI) National Instant Criminal Background Check System 
(NICS).

B. The Firearms Guidelines--Implementation of Section 161A of the AEA

    Section 161A.d. of the AEA provides that the Commission shall, with 
the approval of the Attorney General, develop and promulgate guidelines 
for the implementation of this statute. On September 11, 2009, the NRC, 
with the approval of the Attorney General, published Firearms 
Guidelines in the Federal Register (74 FR 46800). These guidelines 
allow NRC licensees and certificate holders to apply for preemption 
authority only (hereafter referred to as stand-alone preemption 
authority) or combined preemption and enhanced weapons authority 
(hereafter referred to as enhanced weapons authority). The statute also 
includes provisions for firearms background checks for those who apply 
for Section 161A authorities (stand-alone preemption authority or 
enhanced weapons authority).
    The Firearms Guidelines permit the NRC to designate applicable 
classes of facilities and to approve application for Section 161A 
authority via both orders and regulations. Following publication of the 
Firearms Guidelines, the NRC received requests from several licensees 
to obtain stand-alone preemption authority via order (i.e., prior to 
the NRC's issuance of the final enhanced weapons rule). During its 
review of these licensee requests, the NRC staff identified 
implementation issues related to the firearms background checks for 
these licensees. The NRC staff and the U.S. Department of Justice (DOJ) 
staff developed a revision to the Firearms Guidelines to address these 
issues. The principal change in the revised Firearms Guidelines was to 
limit the scope of the firearms background check requirement to only 
those licensees that apply to the NRC for Section 161A authority. The 
NRC, with the approval of the Attorney General, published the revised 
Firearms Guidelines in the Federal Register (79 FR 36100; June 25, 
2014). Both the 2009 Firearms Guidelines and the 2014 Firearms 
Guidelines are available at http://www.regulations.gov under Docket ID 
NRC-2008-0465.

C. October 2006 Proposed Rule

    In parallel with the development of the 2009 Firearms Guidelines, 
the NRC initiated a rulemaking that would implement the new authorities 
and provisions in Section 161A of the AEA. On October 26, 2006, the NRC 
published proposed regulations in the Federal Register (71 FR 62664, 
``Power Reactor Security Requirements'') to implement the provisions of 
Section 161A as one component of a larger proposed amendment to its 
regulations under parts 50, 72, and 73 of Title 10 of the Code of 
Federal Regulations (10 CFR). These proposed implementing regulations 
were consistent to the extent possible with discussions between the NRC 
and the DOJ on the implementation of the statute.
    The NRC had proposed that the provisions of Section 161A would 
apply only to power reactor facilities including both operating and 
decommissioning power reactors and Category I Strategic Special Nuclear 
Material (Cat. I SSNM) facilities (i.e., facilities possessing or using 
formula quantities or greater of strategic special nuclear material). 
This structure was proposed to permit these two highest-risk classes of 
licensed facilities to apply to the NRC for Section 161A authority. The 
NRC had also indicated that it would consider making Section 161A 
authority available to additional classes of facilities, radioactive 
material, or other property (including ISFSIs) in a separate, future 
rulemaking.

D. February 2011 Proposed Rule

    On February 3, 2011, the NRC published in the Federal Register a 
new proposed rule, ``Enhanced Weapons, Firearms Background Checks and 
Security Event Notifications'' (76 FR 6200), referred to as the 
Enhanced Weapons rulemaking, that reflected the approved 2009 Firearms 
Guidelines. The 2011 proposed rule would implement the provisions of 
Section 161A and would make several changes to the security event 
notification requirements in 10 CFR part 73 to address imminent attacks 
or threats against power reactors as well as suspicious events that 
could be indicative of potential preoperational reconnaissance, 
surveillance, or challenges to security systems by adversaries. The 
public was provided 180 days to review and comment on the February 2011 
proposed rule and associated guidance.

[[Page 57108]]

E. Preemption Designation Orders and Confirmatory Orders

    Subsequent to the publication of the 2011 proposed rule, the NRC 
received requests from 10 licensees (located on 8 separate sites) to 
obtain stand-alone preemption authority. In response to the requests, 
the NRC issued designation order EA-13-092 (78 FR 35984) on June 14, 
2013. Order EA-13-092 designated the 10 licensees as part of an interim 
class of licensed facilities eligible to apply for stand-alone 
preemption authority under Section 161A of the AEA, contained direction 
related to completing firearms background checks for security personnel 
whose official duties require access to covered weapons, and contained 
direction for the licensees on submitting applications and supporting 
information to obtain preemption authority via a confirmatory order. 
Subsequent to the NRC's issuance of Order EA-13-092, two licensees 
(located at the same site) withdrew their applications for Section 161A 
preemption authority. The NRC staff is currently reviewing the 
remaining applications for preemption authority.

F. January 2013 Supplemental Proposed Rule

    On January 10, 2013, the NRC published a supplemental proposed rule 
(78 FR 2214) to add at-reactor ISFSIs as a class of designated 
facilities under Sec.  73.18(c) that would be eligible to apply for 
Section 161A authority. Including at-reactor ISFSIs in the proposed 
rulemaking would ensure a consistent transition from the orders to the 
final implementing regulations for reactor licensees and any ISFSIs co-
located at the reactor site. When a reactor facility and an ISFSI share 
a common security guard force, as is the case for at-reactor ISFSIs, 
the NRC staff recognizes that it may be expedient for both facilities 
at the site to have stand-alone preemption authority if the licensee or 
certificate holder applies for it and is approved. In the supplemental 
proposed rule, the NRC indicated that other classes of facilities and 
activities (e.g., away-from-reactor ISFSIs and transportation of spent 
nuclear fuel) would be addressed in a separate, future rulemaking (as 
originally discussed in the October 2006 proposed rule). The public was 
provided 45 days to review and comment on the January 2013 supplemental 
proposed rule.

III. Discussion

    Section 161A of the AEA provides the NRC with the authority to 
permit a licensee or certificate holder's security personnel to 
transfer, receive, possess, transport, import, and use, weapons, 
devices, ammunition or other firearms notwithstanding State, local, and 
certain Federal firearms laws (and any implementing regulations) that 
may prohibit or restrict these actions. The arsenal of weapons 
includes, for example, machine guns, semi-automatic assault weapons, 
and large-capacity ammunition feeding devices (i.e., magazines). As 
indicated in the February 2011 proposed rule, an NRC licensee or 
certificate holder interested in obtaining Section 161A authority 
(either combined enhanced weapons authority and preemption authority or 
stand-alone preemption authority) may voluntarily apply to the NRC to 
take advantage of this new authority. For the purposes of the proposed 
Enhanced Weapons rulemaking, the term ``certificate holder'' refers 
only to entitles holding a 10 CFR part 76 certificate of compliance, 
not to entities holding a 10 CFR part 72 certificate of compliance. 
However, the NRC notes that there are currently no existing 10 CFR part 
76 certificate holders because on February 2, 2015, the NRC terminated 
the 10 CFR part 76 certificate of compliance for the United States 
Enrichment Corporation's Paducah Gaseous Diffusion Plant (ADAMS Package 
Accession No. ML14318A331). While there are no existing 10 CFR part 76 
certificate holders, the NRC is proposing to include such holders in 
this supplemental proposed rule so that the scope of the Firearms 
Guidelines and the NRC's corresponding implementing regulations 
continue to be consistent.
    Licensees and certificate holders falling within the Commission-
designated classes of facilities, radioactive material, or other 
property would be eligible to apply for Section 161A authority and 
would be required to complete the firearms background check 
requirements mandated by Section 161A and the Firearms Guidelines. The 
background checks would be required for security personnel whose 
official duties require access to covered weapons.
    The 2009 Firearms Guidelines provided that the security personnel 
for all licensees and certificate holders that fall within the 
designated eligible classes of facilities must undergo firearms 
background checks, whether or not a particular licensee or certificate 
holder intends to seek preemption authority. However, under the revised 
2014 Firearms Guidelines, the requirement for background checks would 
apply to only those licensees and certificate holders who apply for 
Section 161A authority. Other changes to the Firearms Guidelines 
included the removal of the definition of ``standard weapon'' and the 
removal of references to standard weapons in the definitions of 
``covered weapon'' and ``enhanced weapon.'' There were also minor 
conforming and clarifying editorial changes throughout the revised 2014 
Firearms Guidelines.
    In the February 2011 proposed rule that would implement the NRC's 
authority under Section 161A of the AEA, the NRC proposed amendments to 
10 CFR part 73 by adding new definitions, processes for obtaining 
enhanced weapons, requirements for firearms background checks, and 
security event notification requirements for stolen or lost enhanced 
weapons. This supplemental proposed rule continues the proposed changes 
from the February 2011 proposed rule and the January 2013 supplemental 
proposed rule and supplements or modifies the following existing or 
proposed regulations in 10 CFR part 73:
     Section 73.2, ``Definitions.''
     Proposed Sec.  73.18, ``Authorization for use of enhanced 
weapons and preemption of firearms laws.''
     Proposed Sec.  73.19, ``Firearms background checks for 
armed security personnel.''
     Section 73.51, ``Requirements for the physical protection 
of stored spent nuclear fuel and high-level radioactive waste.''
    This supplemental proposed rule would make the following changes to 
the proposed requirements of 10 CFR part 73:
     Require firearms background checks only for those 
licensees and certificate holders who have applied for Section 161A 
authority and only for security personnel whose official duties require 
access to covered weapons.
     Require periodic firearms background checks at least once 
every 5 years. Previously the maximum periodicity was proposed to be at 
least once every 3 years. However, licensees and certificate holders 
would continue to be able to conduct periodic firearms background 
checks at a periodicity of less than every 5 years, at their 
discretion.
     Conform the process for conducting firearms background 
checks and applying for preemption authority to the updated 
requirements specified in the revised 2014 Firearms Guidelines (e.g., 
removal of the proposed 30-day and 180-day milestones in conducting 
firearms background checks).
     Remove the definition of ``standard weapon'' and remove 
the references to standard weapon from the definitions of ``covered 
weapon'' and ``enhanced

[[Page 57109]]

weapon,'' per the revised 2014 Firearms Guidelines.
     Revise the definitions of ``combined enhanced weapons 
authority and preemption authority,'' ``covered weapon,'' and ``stand-
alone preemption authority'' as conforming changes.
    Separately, the NRC would make several clarifying and corrective 
changes to the process for obtaining stand-alone preemption authority 
and the requirements for firearms background checks, based upon 
language approved by the Commission in the designation orders and 
confirmatory orders issued by the NRC subsequent to the publication of 
the February 2011 proposed rule.
    The NRC would also make several additional changes to clarify the 
agency's review and acceptance criteria for evaluating applications for 
stand-alone preemption authority, based upon lessons learned by the NRC 
staff in reviewing existing applications for preemption authority, 
including developing confirmatory orders to those licensees requesting 
Section 161A authority, and comments received in response to prior 
versions of this proposed rule. Furthermore, to ensure consistency 
between processes, the NRC would also make corresponding changes to the 
proposed process for obtaining enhanced weapons authority.

Sunsetting of Orders

    In the Staff Requirements Memorandum (SRM) to SECY-12-0125, ``Staff 
Requirements--Interim Actions to Execute Commission Preemption 
Authority Under Section 161A of the Atomic Energy Act of 1954, as 
Amended'' (ADAMS Accession No. ML12326A653), the Commission directed 
the NRC staff to include in the final rule a plan ``to sunset the 
interim designation order and the confirmatory orders.'' Accordingly, 
the NRC has developed a plan to sunset these orders and is taking 
advantage of this supplemental proposed rule to include new language in 
Sec. Sec.  73.18 and 73.19 to accomplish the Commission's direction. 
The NRC is proposing new paragraphs in Sec. Sec.  73.18 and 73.19 to 
indicate that NRC approvals of Section 161A authority via confirmatory 
order would remain valid after issuance of a final rule. However, the 
licensees who received orders granting preemption authority prior to 
issuance of a final rule would be subject to the implementing 
regulations in Sec. Sec.  73.18 and 73.19, in lieu of the requirements 
specified in the confirmatory orders (i.e., the requirements of the 
orders would be superseded in their entirety by the requirements in the 
final rule). The licensees who receive these confirmatory orders would 
be required, within 60 days of the effective date of the final rule, to 
update their applicable procedures, instructions, and training to 
reflect the final rule's requirements. These licensees would be 
required to notify the NRC, within 70 days of the effective date of the 
final rule, when they have completed these actions. Once the NRC 
receives this notification and inspects the licensee's transition 
actions, the NRC would rescind the orders.
    The Commission would rescind its designation of licensed facilities 
as part of an interim class of facilities eligible to apply for 
preemption authority prior to issuance of a final rule once the 
Enhanced Weapons rule is implemented. The Commission would designate 
the permanent classes of facilities eligible to apply for Section 161A 
authority in Sec.  73.18(c) of the rule. All of the facilities issued a 
designation order would be included in the final rule's list of 
designated facilities (i.e., power reactor facilities, Cat. I SSNM 
facilities, and at-reactor ISFSIs). Accordingly, the firearms 
background check requirements contained in these designation orders 
would be replaced in their entirety by the requirements in Sec.  73.19.

Public Comments

    At this time, the NRC is only seeking comments on the revisions 
proposed by this supplemental proposed rule. The NRC will address 
public comments on the February 2011 proposed rule, the January 2013 
supplemental proposed rule, and this supplemental proposed rule in the 
final rule.

IV. Section-by-Section Analysis

    The following paragraphs describe the specific changes proposed by 
this supplemental proposed rule.

10 CFR 73.2, Definitions

    The proposed new definitions for the terms Combined enhanced 
weapons authority and preemption authority, Covered weapon, and Stand-
alone preemption authority would be revised to reflect the revised 2014 
Firearms Guidelines. The proposed new definition for the term Standard 
weapon would be removed to reflect the revised 2014 Firearms Guidelines 
with conforming, editorial changes made to the proposed definition for 
the term Enhanced weapon.

10 CFR 73.18, Authorization for Use of Enhanced Weapons and Preemption 
of Firearms Laws

    In paragraph (d), the NRC would set forth the requirements and 
process for licensees and certificate holders who are included within 
the classes of facilities, radioactive material, and other property 
specified in Sec.  73.18(c)(1) and desire to voluntarily apply for 
stand-alone preemption authority under Section 161A of the AEA. The 
application would require initial information describing the licensee's 
or certificate holder's request for preemption authority, its purposes 
and objectives for requesting this authority, and a description of its 
Firearms Background Check Plan, including training for security 
personnel on the background check disqualifying conditions and 
notification requirements. Firearms background checks would only be 
required for security personnel whose official duties require access to 
covered weapons, of licensees or certificate holders who apply for 
Section 161A authority. Licensees and certificate holders would be 
required to submit their applications in writing and under oath or 
affirmation.
    The licensee or certificate holder would also be required to submit 
supplemental information to the NRC on the completion of satisfactory 
firearms background checks and required training for security personnel 
who require access to covered weapons. The timing of the submission of 
the supplemental information will be at the discretion of the licensee 
or certificate holder, although the licensee or certificate holder must 
have completed a sufficient number of satisfactory checks to permit the 
licensee or certificate holder to meet its security-personnel minimum 
staffing requirements as specified in its physical security plan and 
any applicable fatigue requirements under 10 CFR part 26.
    Subsequent to the completion of the submission of all required 
information, the NRC will review the information and document the 
agency's decision to approve or disapprove the application.
    Licensees or certificate holders cannot commence firearms 
background checks until they have received notification from the NRC 
that the agency has accepted for review their application for stand-
alone preemption authority. Once the NRC has reviewed and approved a 
licensee's or certificate holder's application for stand-alone 
preemption authority, the licensee or certificate holder must assign 
only security personnel who have completed a satisfactory firearms 
background check

[[Page 57110]]

to duties requiring access to covered weapons.
    In paragraph (e), the NRC would set forth the requirements and 
process for eligible licensees and certificate holders (as specified in 
Sec.  73.18(c)(2)) who choose to voluntarily apply for combined 
enhanced weapons authority and preemption authority under Section 161A 
of the AEA. Paragraph (e) would require in the application initial 
information describing the licensee's or certificate holder's request 
for enhanced weapons authority, its purposes and objectives for 
requesting this authority, and a description of its proposed Firearms 
Background Check Plan, including training of security personnel on the 
disqualifying status conditions and events. The application would be 
required to address how security personnel notify the licensee or 
certificate holder security management of the identification or 
occurrence of any Federal or State disqualifying conditions or events. 
Also, under the 2011 proposed rule, applicants for combined enhanced 
weapons and preemption authority that already have preemption authority 
under Sec.  73.18(d) would not be required to reapply for preemption 
authority in their Sec.  73.18(e) application. That aspect of the 2011 
proposed rule is unchanged by this supplemental proposed rule.
    Firearms background checks would only be required of applicants for 
Section 161A authority. Those regulated entities required to conduct 
firearms background checks would need to conduct the checks on all 
security personnel whose official duties require access to covered 
weapons, which includes enhanced weapons. Licensee and certificate 
holders would be required to submit their applications in writing and 
under oath or affirmation. Licensees applying for combined enhanced 
weapons authority and preemption authority would be required to submit 
their application under the applicable regulations for a license 
amendment in 10 CFR parts 50, 52, 70, or 72. Certificate holders to 
which the supplemental proposed rule would apply (i.e., 10 CFR part 76 
certificate of compliance holders), would be required to submit their 
applications under the applicable regulations for a certificate of 
compliance amendment under 10 CFR part 76.
    The application would include the additional technical information 
required by Sec.  73.18(f) addressing the specific enhanced weapons 
that the licensee or certificate holder intends to use. The licensee or 
certificate holder would also submit supplemental information to the 
NRC on the completion of both the firearms background checks and the 
required training (on disqualifying conditions and events) for security 
personnel whose official duties require access to covered weapons. For 
this purpose, the term ``completion'' means that a sufficient number of 
satisfactory checks are complete to meet a regulated entity's minimum 
staffing and fatigue requirements.
    The timing of the submission of the supplemental information would 
be at the discretion of the licensee or certificate holder when a 
sufficient number of satisfactory checks are complete. A licensee or 
certificate holder who has previously been approved for stand-alone 
preemption authority would not be required to repeat the initial 
firearms background checks on security personnel conducted to support 
its original application; rather the licensee or certificate holder 
would only need to state in its application for enhanced weapons 
authority that it was previously granted preemption authority by the 
NRC and provide the effective date of that authority.
    The NRC would review the application and supplemental submittals 
and would document the agency's decision to approve or disapprove the 
application.
    Licensees or certificate holders must commence firearms background 
checks only after they have received notification from the NRC that the 
agency has accepted for review their application for combined enhanced 
weapons authority and preemption authority. Furthermore, once the NRC 
has approved a licensee's or certificate holder's application for 
combined enhanced weapons authority and preemption authority, the 
licensee or certificate holder must assign only security personnel who 
have completed a satisfactory firearms background check to duties 
requiring access to any covered weapons (including enhanced weapons).
    Licensees and certificate holders who have been previously approved 
for enhanced weapons authority and wish to use a different type, 
caliber, or quantity of enhanced weapons from that previously approved 
by the NRC would be required to submit a new application under 
paragraph (e).
    In paragraph (f)(2)(iii), a conforming change would be made to 
remove the reference to employment of ``standard weapons'' in the 
safeguards contingency plan.
    In paragraph (j), a corrective change would be made to add Sec.  
73.51 to the list of regulations specifying training requirements on 
the use of enhanced weapons at specific license ISFSIs. This change 
would address the potential for an at-reactor, specific license ISFSI 
to possess enhanced weapons at both the reactor and the co-located 
ISFSI. This provision would require the ISFSI licensee employing 
enhanced weapons to train its security personnel on the use of 
sufficient force, including deadly force, consistent with the co-
located power reactor facility. Such training is already required for 
the reactor licensee's security personnel under the reactor security 
requirements in Sec.  73.55(k)(3). The NRC anticipates that such co-
located licensees would use a single integrated guard force for both 
facilities such that the security personnel are considered fungible 
between the two facilities. Consequently, the application of the same 
training requirements for the use of the enhanced weapons is 
appropriate.
    In paragraphs (n)(2), (n)(3), and (n)(4), conforming changes would 
replace the term ``covered weapons'' with ``enhanced weapons'' to be 
consistent with the revised 2014 Firearms Guidelines.
    In paragraph (s), the NRC would add new provisions to provide for 
the transition from stand-alone preemption authority and enhanced 
weapons authority approved by the NRC via orders to a licensee or 
certificate holder, to approval via the proposed regulations in Sec.  
73.18. While the NRC's previous authorizations for Section 161A 
authority under those orders would remain valid, these licensees would 
be subject to the implementing requirements of Sec.  73.18, in lieu of 
the requirements contained in these orders. However these licensees 
would not be required to reapply for Section 161A authority under the 
provisions of Sec.  73.18. Licensees would be required to update 
procedures, instructions, and training to reflect any revised 
requirements in the final rule and notify the NRC of the completion of 
this action. The licensee's actions and notification would be required 
to be completed within 60 days and 70 days, respectively, of the 
effective date of the final rule. Following receipt of the licensee's 
notification and inspection of the licensee's actions, the NRC would 
rescind these orders.

10 CFR 73.19, Firearms Background Checks for Armed Security Personnel

    Paragraph (b) would be revised in its entirety to define new 
general requirements regarding the completion of firearm background 
checks. This would include a requirement to establish a Firearms 
Background Check

[[Page 57111]]

Plan and to specify the elements of this plan. A Firearms Background 
Check Plan would be a component of the licensee's or certificate 
holder's 10 CFR part 73, appendix B, required Training and 
Qualification plan for security personnel whose official duties require 
access to covered weapons. Only those licensees and certificate holders 
who have voluntarily applied for Section 161A authority (i.e., stand-
alone preemption authority or for combined enhanced weapons authority 
and preemption authority) would be required to conduct firearms 
background checks on their security personnel. Accordingly, such 
licensees and certificate holders would be required to establish and 
implement a Firearms Background Check Plan.
    Paragraph (b)(2) would describe the groups of individuals included 
within the term security personnel whose official duties require access 
to covered weapons. In addition to the security officers themselves 
(who directly protect the facility or radioactive material), this term 
would include other groups of individuals who have access to covered 
weapons and in some cases only enhanced weapons. Examples would 
include, but are not limited to, firearms instructors, armorers, 
individuals issuing and checking in weapons, individuals with access to 
armories and weapons storage lockers, and individuals conducting 
inventories of enhanced weapons or removing enhanced weapons from the 
site for authorized purposes. Paragraph (b)(3) would specify the 
elements of the Firearms Background Check Plan. Paragraphs (b)(4) 
through (b)(9) would address requirements on conducting firearms 
background checks. Licensees or certificate holders must commence 
firearms background checks only after they have received notification 
from the NRC that the agency has accepted for review their application 
for either stand-alone preemption authority or for combined enhanced 
weapons authority and preemption authority. Furthermore, once the NRC 
has approved a licensee's or certificate holder's application for 
either stand-alone preemption authority or for combined enhanced 
weapons authority and preemption authority, the licensee or certificate 
holder must assign only security personnel who have completed a 
satisfactory firearms background check to duties requiring access to 
covered weapons. Also, applicants for an NRC license or certificate of 
compliance may not conduct firearms background checks until after the 
NRC has both issued their license or certificate of compliance and 
accepted their application for Section 161A authority for review. These 
two steps may occur in any order. Finally, this section also includes a 
requirement to remove individuals from duties requiring access to 
covered weapons if they receive a ``denied NICS response.'' This also 
includes removing individuals from duties requiring access to enhanced 
weapons if the individual receives a ``delayed NICS response.''
    Paragraph (b)(10) would specify the requirements for a periodic 
firearms background check, which would be required at least once every 
5 years from the most recent check. This periodicity would be 
consistent with the Commission's designation order issued to several 
licensees. Licensees and certificate holders would be able to conduct 
periodic firearms background checks at a shorter periodicity than every 
5 years, at their discretion.
    Security personnel that cease to be employed by a licensee, 
certificate holder, or security contractor, are considered to have a 
break in service for the purposes of the enhanced weapons rulemaking. 
The licensee or certificate holder would need to complete a new 
satisfactory firearms background check for security personnel who 
experience a break in service as described in paragraph (b)(11). 
Paragraph (b)(11) also addresses exceptions to the break in service 
requirement. Paragraph (b)(12) would address changes in the licensee, 
certificate holder, or their security contractor that do not require a 
break in service firearms background check. Paragraph (b)(13) would 
prohibit licensees and certificate holders from using a satisfactory 
firearms background check in lieu of completing other required criminal 
history records checks or background investigations specified in the 
NRC's access authorization or personnel security clearance programs 
under other provisions of 10 CFR chapter I.
    Paragraph (b)(14) would not require a new initial firearms 
background check for security personnel who have completed a 
satisfactory firearms background check pursuant to a Commission 
designation order issued before the effective date of the final rule. 
However, these security personnel would remain subject to the periodic 
firearms background check and the break in service firearms background 
check requirements of Sec.  73.19. Paragraph (b)(15) would require a 
licensee or certificate holder to discontinue conducting firearms 
background checks if it withdraws its application for Section 161A 
authority. Paragraph (b)(16) would require a licensee or certificate 
holder to discontinue conducting firearms background checks if the NRC 
rescinds or revokes its Section 161A authority, in accordance with 
Sec.  73.18.
    Paragraph (c) would be removed and reserved. Because Sec.  73.18(c) 
contains the list of classes of facilities and activities eligible to 
apply for Section 161A authority and only licensees and certificate 
holders who have applied to the NRC under Sec.  73.18 for Section 161A 
authority are eligible under Sec.  73.19 to conduct firearms background 
checks of their security personnel, the list of classes of facilities 
and activities previously proposed in Sec.  73.19(c) for conducting 
firearms background checks is now redundant and unnecessary.
    Paragraph (f) would be revised to require periodic firearms 
background checks to be completed at least once every 5 calendar years. 
This change would make the proposed rule consistent with the 2014 
Firearms Guidelines and the Commission's designation order EA-13-092, 
which required periodic firearms background checks at least once every 
5 years on security personnel who require access to covered weapons. 
Second, a requirement would be added to specify an allowance period for 
completion of a satisfactory periodic firearms background check of 5 
years from the date of the most recent firearms background check. This 
allowance period would be consistent with the Commission's designation 
order. Third, the revised language would clarify that security 
personnel may remain assigned to duties requiring access to covered 
weapons while pending completion of a periodic firearms background 
check. However, if a satisfactory firearms background check is not 
completed by the end of the allowance period, then the security 
personnel must be removed from duties requiring access to covered 
weapons. Independent of the direction in paragraph (f), an individual 
who receives a ``denied NICS response'' during a periodic firearms 
background check must be removed without delay from duties requiring 
access to covered weapons. Finally, the NRC would continue to permit 
licensees and certificate holders to accomplish periodic firearms 
background checks at a shorter periodicity than the maximum requirement 
(i.e., more frequently than once every 5 years), at the licensee's or 
certificate holder's discretion.
    Paragraph (g) would be revised to clarify the exception for when a 
licensee or certificate holder is required to notify the NRC that it 
has removed security personnel from duties requiring access to covered 
weapons. This exception is intended to encourage security

[[Page 57112]]

personnel to notify the licensee's or certificate holder's security 
management of the occurrence of any Federal or State disqualifying 
status condition or event within 72 hours. If the security personnel 
make the notification, then the licensee or certificate holder is not 
required to notify the NRC within 72 hours of the security personnel's 
removal. However, in all circumstances, the licensee or certificate 
holder would be required to maintain records of such removals under the 
Firearms Background Check Plan, as required under revised paragraph 
(b)(3)(vi).
    Paragraph (h) would be revised to change the notification 
timeliness requirement for security personnel who have had a 
disqualifying status condition or event from ``3 working days'' to ``72 
hours'' to improve regulatory clarity and consistency with the 
licensee's and certificate holder's current proposed notification 
timeliness requirement in paragraph (g).
    Paragraph (j) would be revised to clarify the scope of the training 
modules required for security personnel who are subject to firearms 
background checks under the licensee's or certificate holder's Firearms 
Background Check Plan, as required under paragraph (b)(3)(iii). Modules 
would be required on Federal disqualifying status conditions or events, 
applicable State disqualifying status conditions or events, the process 
for appealing adverse firearms background check results, and the 
ongoing obligation of security personnel who are subject to a firearms 
background check to notify their licensee's or certificate holder's 
security management of the occurrence of such a disqualifying status 
condition or event. The modules would also include the requirement on 
the timeliness of such notifications (i.e., within 72 hours of the 
occurrence of the disqualifying condition or event). Finally, periodic 
refresher training on these modules would be required annually.
    Paragraph (p)(1) would be revised to clarify its applicability to 
security personnel subject to a firearms background check and to remove 
the current exception cross-reference to paragraph (b). Limitations on 
security personnel's access to covered weapons during the pendency of 
an appeal to the FBI would now be found solely in paragraph (p).
    Minor editorial changes would be made to paragraph (p)(5), 
including adding a title and renumbering subparagraphs. Paragraph 
(p)(5)(iv) would be revised to indicate that individuals who are 
appealing a firearms background check should submit a request for 
extension of time, with respect to the 45-day timeliness requirement on 
submitting an appeal, to their licensee or certificate holder rather 
than to the FBI. The licensee or certificate holder may grant an 
extension request for good cause, as determined by the licensee or 
certificate holder. This change is consistent with the 2014 Firearms 
Guidelines.
    In paragraph (r), the NRC would add new provisions to provide for 
the transition from preemption authority and enhanced weapons authority 
approved by the NRC via designation orders and confirmatory orders to 
approvals via the proposed regulations in Sec.  73.19. While the NRC's 
authorizations for Section 161A authority would remain valid after 
issuance of a final rule and licensees would not need to reapply for 
Section 161A authority, these licensees would be subject to the 
implementing requirements of Sec.  73.19, in lieu of the requirements 
contained in these orders. However, licensees would not be required to 
repeat their initial firearms background checks. Licensees would be 
required to update procedures, instructions, and training to reflect 
any revised requirements in the final rule and notify the NRC of the 
completion of this action. The licensee's actions and notification 
would be required to be completed within 60 days and 70 days, 
respectively, of the effective date of the final rule. Following 
receipt of the licensee's notification and inspection of the licensee's 
actions, the NRC would rescind these orders.

10 CFR 73.51, Requirements for the Physical Protection of Stored Spent 
Nuclear Fuel and High-Level Radioactive Waste

    Paragraph (f) would be added as a conforming change to the proposed 
change to Sec.  73.18(j) to reflect the potential for a specific 
license, at-reactor ISFSI to possess covered weapons at both the 
reactor and the co-located ISFSI. This provision would require ISFSI 
licensees employing covered weapons to train their security personnel 
on the use of sufficient force, including deadly force. The NRC 
anticipates that the security organization for a reactor and a co-
located specific license ISFSI employing covered weapons would use an 
integrated security organization such that the security personnel are 
considered fungible between these two facilities. Accordingly, the NRC 
considers it appropriate to require both the reactor and ISFSI security 
personnel carrying covered weapons to be trained on the same standards 
on the use of force, including deadly force. This proposed language is 
consistent with the current regulations on training of security 
personnel on the use of force under Sec.  73.55(k)(3) for reactor 
licensees and Sec.  73.46(h)(5) for Cat. I SSNM licensees and 
certificate holders.

V. Cumulative Effects of Regulation

    Cumulative Effects of Regulation (CER) consists of the challenges 
licensees may face in addressing the implementation of new regulatory 
positions, programs, and requirements (e.g., rulemaking, guidance, 
generic letters, backfits, inspections). The CER may manifest in 
several ways, including the total burden imposed on licensees by the 
NRC from simultaneous or consecutive regulatory actions that can 
adversely affect the licensee's capability to implement those 
requirements while continuing to operate or construct its facility in a 
safe and secure manner.
    The goals of the NRC's CER effort were met throughout the 
development of this supplemental proposed rule. During the development 
of the 2011 proposed rule, the NRC staff engaged external stakeholders 
at a public meeting and by soliciting public comments on the proposed 
rule and draft guidance documents. The public meeting was held at NRC 
Headquarters on June 1, 2011, to discuss the proposed implementation 
plan. A summary of the public meeting is in ADAMS under Package 
Accession No. ML111720007. Additionally, the NRC staff issued several 
draft guidance documents for comment in conjunction with the 
publication of the 2011 proposed rule. The feedback from this meeting 
and the public comments on the 2011 proposed rule informed the NRC 
staff's recommended schedule for the implementation of the new enhanced 
weapons requirements in this supplemental proposed rule.
    Consistent with SECY-11-0032, ``Consideration of the Cumulative 
Effects of Regulation in the Rulemaking Process,'' dated March 2, 2011 
(ADAMS Accession No. ML110190027), the NRC requests specific comment on 
the supplemental proposed rule's implementation schedule in light of 
any existing CER challenges, specifically:
    a. Do the supplemental proposed rule's compliance date and 
submittal dates provide sufficient time to implement the new 
supplemental proposed requirements, including changes to programs, 
procedures, and the facility, in light of any ongoing CER challenges?
    b. If there are ongoing CER challenges, what do you suggest as a 
means to address this situation (e.g., if more time

[[Page 57113]]

is required to implement the new requirements, what time period is 
sufficient)?
    c. Are there unintended consequences (e.g., does the supplemental 
proposed rule create conditions that would be contrary to the 
supplemental proposed rule's purpose and objectives)? If so, what are 
the unintended consequences?
    d. Please comment on the NRC's cost and benefit estimates in the 
supplemental proposed rule regulatory analysis (ADAMS Accession No. 
ML15232A013).
    The NRC staff identified one draft guidance document that is 
affected by the revised proposed regulations described in this document 
and is issuing this revised guidance document for public comment 
concurrent with this supplemental proposed rule (see Section XIV, 
``Availability of Guidance'').

VI. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC 
certifies that this rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities. This 
supplemental proposed rule affects only the licensing and operation of 
nuclear power plants. The companies that own these plants do not fall 
within the scope of the definition of ``small entities'' set forth in 
the Regulatory Flexibility Act or the size standards established by the 
NRC (Sec.  2.810).

VII. Regulatory Analysis

    The NRC has prepared a draft regulatory analysis on this proposed 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the NRC. The draft regulatory analysis can 
be found under ADAMS Accession No. ML15232A013. The NRC requests public 
comment on the draft regulatory analysis. Comments on the draft 
regulatory analysis may be submitted to the NRC as indicated under the 
ADDRESSES caption of this document.

VIII. Backfitting and Issue Finality

    This supplemental proposed rule contains the following: (i) 
Proposed provisions which reduce the regulatory burden associated with 
the original 2011 proposed rule and the 2013 supplemental proposed rule 
and (ii) additional provisions--not contained in either the original 
2011 proposed rule or the 2013 supplemental proposed rule--which 
facilitate licensees' capability to obtain burden reduction (i.e., 
proposed sunsetting of the interim designation order and the 
confirmatory orders). The provisions of this supplemental proposed rule 
are effectively voluntary in nature, and would not impose modifications 
or additions to existing structures, components, designs, or existing 
procedures or organizations if adopted in final form. Accordingly, the 
provisions of this supplemental proposed rule, if adopted as a final 
rule, would not constitute backfitting or otherwise be inconsistent 
with any issue finality provision in 10 CFR part 52. The consideration 
of backfitting for the original 2011 proposed rule and the 2013 
supplemental proposed rule, considered together, bounds the backfitting 
and issue finality consideration for this supplemental proposed rule. 
Therefore, a backfit analysis is not required and has not been 
completed for any of the provisions of this supplemental proposed rule.

IX. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274), requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on the document with respect to the 
clarity and effectiveness of the language used.

X. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact

    In the proposed rule published on October 26, 2006, the Commission 
determined under the National Environmental Policy Act of 1969, as 
amended, and the Commission's regulations in subpart A of 10 CFR part 
51, that the proposed rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement was not required. 
Instead, the agency prepared a draft environmental assessment on the 
proposed rule for public comment.
    In the proposed rule published on February 3, 2011, the 
determination was that there will be no significant offsite impact to 
the public from this action. Therefore, the Commission concluded that 
because of the nature of the proposed changes to the firearms 
background checks and the enhanced weapons provisions presented in the 
2011 proposed rule, the assumptions in the October 2006 proposed rule 
were not changed so the Commission was not seeking additional comment 
on the 2006 environmental assessment. Similarly here, the nature of the 
changes to the firearms background check and the enhanced provisions in 
this supplemental proposed rule do not change the assumptions in the 
2011 proposed rule and the October 2006 environmental assessment. 
Accordingly, the Commission is not seeking additional comment on the 
environmental assessment. Availability of the environmental assessment 
is provided in Section XV, ``Availability of Documents,'' of this 
document.

XI. Paperwork Reduction Act

    This supplemental proposed rule contains new or amended collections 
of information subject to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). This supplemental proposed rule has been 
submitted to the Office of Management and Budget (OMB) for review and 
approval of the information collections.
    Type of submission, new or revision: Revision.
    The title of the information collection: 10 CFR part 73, ``Enhanced 
Weapons, Firearms Background Checks, and Security Event 
Notifications,'' supplemental proposed rule, and NRC Form 754, ``Armed 
Security Personnel Background Check.''
    The form number if applicable: NRC Form 754.
    How often the collection is required or requested: One time for 
power reactor licensees and Cat, I SSNM licensees and certificate 
holders applying for combined enhanced weapons authority. Initial 
submissions of NRC Form 754 will be required for all of a licensee's or 
certificate holder's security personnel whose duties require access to 
covered weapons; thereafter, recurring firearms background checks and 
completion of NRC Form 754 will be required once every 5 years. One 
time for licensees and certificate holders who received confirmatory 
orders and must update their procedures, instructions, and training 
materials.
    Who will be required or asked to respond: The supplemental proposed 
rule would require only those licensees and certificate holders who 
apply for Section 161A authorities to submit information about their 
security personnel for firearms background checks. Licensees and 
certificate holders that had received confirmatory orders approving 
Section 161A authority would be required to update within 60 days after 
the final rule effective date any procedures, instructions, and 
training material on a one-time basis. The regulated entities that 
would be eligible to apply for Section 161A

[[Page 57114]]

authorities are operating nuclear power reactors located at 61 sites 
and their co-located at-reactor ISFSIs, 10 decommissioning power 
reactor sites, 3 other reactor sites, and 2 fuel cycle facilities 
authorized to possess Cat. I SSNM. In addition to those regulated 
entities and consistent with the 2011 proposed rule, modified security 
event notifications under different paragraphs of Sec.  73.71 would 
also affect 42 research and test reactor (RTR) sites, 6 Cat. II and III 
Special Nuclear Material sites, 7 ISFSI sites not co-located with a 
reactor, and 2 hot cell sites.
    An estimate of the number of annual responses: 4,085 (2,992 
responses for 10 CFR part 73 requirements and 1,093 responses for NRC 
Form 754).
    The estimated number of annual respondents: 133.
    An estimate of the total number of hours needed annually to comply 
with the information collection requirement or request: 47,906.4 hours 
(45,399.8 hours for 10 CFR part 73 requirements and 2,506.7 hours for 
NRC Form 754).
    Abstract: The NRC is proposing to amend current security 
regulations and add new security requirements pertaining to nuclear 
power reactors and Cat. I SSNM facilities for access to enhanced 
weapons and firearms background checks. The supplemental proposed rule 
would modify the information collections contained in the Enhanced 
Weapons, Firearms Background Checks, and Security Event Notifications 
rulemaking. First, firearms background checks would be required for 
security personnel for only those licensees and certificate holders who 
have applied for Section 161A authority (i.e., either stand-alone 
preemption authority or combined enhanced weapons authority and 
preemption authority). As a result, the number of respondents to new 
Sec. Sec.  73.18 and 73.19 would be reduced compared to the proposed 
rule published in the Federal Register on February 3, 2011 (76 FR 
6199). Second, periodic firearms background checks would be required at 
least once every 5 years rather than every 3 years. Third, applications 
for Section 161A authority would be required to describe the 
applicant's purposes and objectives in requesting the authority. 
Finally, the supplemental proposed rule would add requirements for 
licensees and certificate holders that had received confirmatory orders 
approving Section 161A authority to update within 60 days after the 
final rule effective date any procedures, instructions, and training 
material on a one-time basis. These information collections are needed 
to enable the NRC to implement the mandate of Section 161A of the AEA 
to verify that security personnel who will have access to enhanced 
weapons have been subject to a background check by the Attorney General 
to verify that an individual is not prohibited under Federal or State 
law from possessing or receiving firearms.
    The 2011 proposed rule also would modify the security event 
notification requirements under different paragraphs of Sec.  73.71. 
This supplemental proposed rule would not change those proposed 
modified requirements, but they are repeated in the supporting 
statement for completeness. The proposed security event notification 
requirements would be used to meet the NRC's strategic mission to 
immediately communicate threats or attack information to the Department 
of Homeland Security (DHS) operations center under the National 
Response Framework. The NRC also has a strategic mission to immediately 
communicate threat or attack information to other appropriate NRC 
licensees and certificate holders so that they can increase their 
security posture at their facilities or for their shipments of spent 
nuclear fuel, high-level radioactive waste, or Cat. I SSNM. This prompt 
notification could be vital in increasing another licensees' ability to 
defeat poorly-synchronized multiple-site attacks and in protecting the 
lives of security and plant personnel (at a second facility) in such 
un-coordinated attacks. This prompt notification could also be vital in 
increasing the defensive posture of other government or critical 
infrastructure facilities to defeat poorly-synchronized multiple-sector 
attacks.
    The NRC is seeking public comment on the potential impact of the 
information collections contained in this proposed rule and on the 
following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of the burden of the proposed information 
collection accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the proposed information collection on 
respondents be minimized, including the use of automated collection 
techniques or other forms of information technology?
    A copy of the OMB clearance package and proposed rule is available 
in ADAMS under Accession No. ML15035A635 or may be viewed free of 
charge at the NRC's PDR, One White Flint North, 11555 Rockville Pike, 
Room O-1 F21, Rockville, MD 20852. You may obtain information and 
comment submissions related to the OMB clearance package by searching 
on http://www.regulations.gov under Docket ID NRC-2011-0018.
    You may submit comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
preceding issues, by the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018.
     Mail comments to: FOIA, Privacy, and Information 
Collections Branch, Office of Information Services, Mail Stop: T-5 F53, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or to 
Vlad Dorjets, Desk Officer, Office of Information and Regulatory 
Affairs (3150-0002 and 3150-0204), NEOB-10202, Office of Management and 
Budget, Washington, DC 20503; telephone: 202-395-7315, email: 
[email protected].
    Submit comments by December 7, 2015. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
is able to ensure consideration only for comments received on or before 
this date.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XII. Criminal Penalties

    For the purposes of Section 223 of the AEA, the NRC is issuing this 
supplemental proposed rule that would amend 10 CFR part 73 under 
Sections 161b, 161i, or 161o of the AEA. Willful violations of the rule 
would be subject to criminal enforcement. Criminal penalties as they 
apply to regulations in 10 CFR part 73 are already discussed in Sec.  
73.81. Accordingly, Sec. Sec.  73.18 and 73.19 will not be included in 
Sec.  73.81(b).

XIII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113), requires that Federal agencies use technical standards 
that are developed or adopted by voluntary consensus standards bodies, 
unless using such a standard is inconsistent with applicable law or is 
otherwise impractical. In this supplemental proposed rule, the NRC is 
using standards from applicable firearms standards developed by 
nationally

[[Page 57115]]

recognized firearms organizations or standard setting bodies or from 
standards developed by (1) Federal agencies, such as the U.S. 
Department of Homeland Security's Federal Law Enforcement Training 
Center, the U.S. Department of Energy's National Training Center, and 
the U.S. Department of Defense; (2) State law-enforcement training 
centers; or (3) State Division (or Department) of Criminal Justice 
Services (DCJS) Training Academies. The NRC invites comment on the 
applicability and use of other standards.

XIV. Availability of Guidance

    The NRC is issuing draft regulatory guide (DG), DG-5020, Revision 
1, ``Applying for Enhanced Weapons Authority, Applying for Preemption 
Authority, and Accomplishing Firearms Background Checks under 10 CFR 
part 73,'' for the implementation of the proposed requirements set 
forth in this supplemental proposed rule. The draft guidance is 
available in ADAMS under Accession No. ML14322A847. In conjunction with 
the supplemental proposed rule, the NRC seeks public comment on DG-
5020, Revision 1, which may be accessed by searching on http://www.regulations.gov under Docket ID NRC-2011-0015.
    In conjunction with the February 2011 proposed rule, the NRC issued 
for comment a new draft guide, DG 5020, Revision 0, ``Applying for 
Enhanced Weapons Authority, Applying for Preemption Authority, and 
Accomplishing Firearms Background Checks under 10 CFR part 73'' (76 FR 
6086; February 3, 2011). You may also access DG-5020, Revision 0, 
supporting material, and the public comments the NRC received on DG-
5020, Revision 0, by searching on http://www.regulations.gov under 
Docket ID NRC-2011-0015.
    Revision 0 to DG-5020 contained detailed guidance on the 
implementation of the proposed requirements for applying for enhanced 
weapons authority, for applying for preemption authority, and 
conducting firearms background checks. However, DG-5020, Revision 0, 
did not include at-reactor ISFSIs under the applicability section; 
rather, the DG reserved a section for additional facilities to be added 
by future rulemakings or Commission orders. The addition of at-reactor 
ISFSIs to the DG as an eligible class of licensees to apply for Section 
161A authority would not appreciably change the guidance contained in 
DG-5020, Revision 0. Accordingly, the NRC did not issue a revision to 
DG-5020, Revision 0, for comment in conjunction with the January 2013 
supplemental proposed rule.
    However, the changes contained in this supplemental proposed rule 
are substantive enough to warrant a revision to DG-5020, Revision 0. 
Accordingly, the NRC staff developed Revision 1 to DG-5020 to reflect 
the changes in this supplemental proposed rule and the previous 
supplemental proposed rule which added at-reactor ISFSIs.
    You may submit comments on DG-5020, Revision 1, by the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0015. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected].
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

XV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                 Document                              ADAMS Accession No./Federal Register Citation
----------------------------------------------------------------------------------------------------------------
Firearms Guidelines......................  74 FR 46800; September 11, 2009.
Firearms Guidelines, Revision 1..........  79 FR 36100; June 25, 2014.
Environmental Assessment (October 2006     ML061920093.
 proposed rule).
Regulatory Analysis......................  ML061380803.
Regulatory Analysis-appendices...........  ML061380796.
(October 2006 proposed rule).............  ML061440013.
Information Collection Analysis..........  ML092640277.
NRC Form 754, ``Armed Security Personnel   ML092650459.
 Firearms Background Check''.
Commission: SECY-08-0050, ``Firearms       Package--ML072920478.
 Guidelines Implementing Section 161A of
 the Atomic Energy Act of 1954 and
 Associated Policy Issues'' (April 17,
 2008).
Commission: SECY-08-0050A, ``Firearms      ML081910207.
 Guidelines Implementing Section 161A of
 the Atomic Energy Act of 1954 and
 Associated Policy Issues--Supplemental
 Information'' (July 8, 2008).
Commission: SRM-SECY-08-0050/0050A,        ML082280364.
 ``Firearms Guidelines Implementing
 Section 161A of the Atomic Energy Act of
 1954 and Associated Policy Issues''
 (August 15, 2008).
Letter Opinion from Bureau of Alcohol,     ML090080191.
 Tobacco, Firearms, and Explosives'
 Office of Enforcement on the Transfer of
 Enhanced Weapons (January 5, 2009).
Proposed Enhanced Weapons, Firearms        ML103410132.
 Background Checks, and Security Event
 Notifications Rule (February 3, 2011).
DG-5020, Revision 0, ``Applying for        ML100321956.
 Enhanced Weapons Authority, Applying for
 Preemption Authority, and Accomplishing
 Firearms Background Checks under 10 CFR
 Part 73'' (February 3, 2011).
DG-5020, Revision 1, ``Applying for        ML14322A847.
 Enhanced Weapons Authority, Applying for
 Preemption Authority, and Accomplishing
 Firearms Background Checks under 10 CFR
 Part 73''.
Commission: SECY-12-0027, ``Preemption     ML113130015.
 Authority Pursuant to Section 161A, `Use
 of Firearms by Security Personnel,' of
 the Atomic Energy Act of 1954, as
 Amended'' (February 17, 2012).
Commission: SRM-SECY-12-0027,              ML12124A377.
 ``Preemption Authority Pursuant to
 Section 161A, `Use of Firearms by
 Security Personnel,' of the Atomic
 Energy Act of 1954, as Amended'' (May 3,
 2012).
Commission: SECY-12-0125, ``Interim        Package--ML12164A839.
 Actions to Execute Commission Preemption
 Authority Under Section 161A of the
 Atomic Energy Act of 1954, as Amended''
 (September 20, 2012).
Commission: SRM-SECY-12-0125, ``Interim    ML12326A653.
 Actions to Execute Commission Preemption
 Authority Under Section 161A of the
 Atomic Energy Act of 1954, as Amended''
 (November 21, 2012).

[[Page 57116]]

 
NUREG/BR-0058, ``Regulatory Analysis       ML042820192.
 Guidelines of the U.S. Nuclear
 Regulatory Commission,'' Revision 4
 (September 30, 2004).
Order EA-13-092: ``Order Designating an    78 FR 35984; June 14, 2013.
 Interim Class of NRC-Licensed Facilities
 That are Eligible to Apply to the
 Commission for Authorization to Use the
 Authority Granted Under the Provisions
 of Section 161a of the Atomic Energy Act
 of 1954, as Amended''.
Draft Supporting Statement for the second  ML15035A633.
 supplemental proposed rule.
----------------------------------------------------------------------------------------------------------------

    Throughout the development of this rule, the NRC staff may post 
documents related to this rule, including public comments, on the 
Federal rulemaking Web site at http://www.regulations.gov under Docket 
ID NRC-2011-0018 and NRC-2011-0015. The Federal rulemaking Web site 
allows you to receive alerts when changes or additions occur in a 
docket folder. To subscribe: (1) Navigate to the docket folder (NRC-
2011-0018 and NRC-2011-0015); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Incorporation by reference, Imports, Nuclear energy, Nuclear materials, 
Nuclear power plants and reactors, Penalties, Reporting and 
recordkeeping requirements, Security measures.

    For the reasons set out in the preamble and under the authority of 
the AEA, as amended; the Energy Reorganization Act of 1974, as amended; 
and 5 U.S.C. 552 and 553; the NRC is proposing to adopt the following 
amendments to 10 CFR part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 
161A, 170D, 170E, 170H, 170I, 223, 234, 1701 (42 U.S.C. 2073, 2167, 
2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2282, 2297f); 
Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 
5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 
10155, 10161); 44 U.S.C. 3504 note.
    Section 73.37(b)(2) also issued under Sec. 301, Pub. L. 96-295, 
94 Stat. 789 (42 U.S.C. 5841 note).

0
2. In Sec.  73.2, paragraph (a), as proposed to be added February 3, 
2011 (76 FR 6232), revise the definitions for ``Combined enhanced 
weapons authority and preemption authority,'' ``Covered weapon,'' 
``Enhanced weapon,'' and ``Stand-alone preemption authority,''; and 
remove the definition for ``Standard weapon'' to read as follows:


Sec.  73.2  Definitions.

* * * * *
    (a) * * *
    Combined enhanced weapons authority and preemption authority means 
the authority granted to the Commission, at 42 U.S.C. 2201a, to 
authorize licensees or certificate holders, or the designated security 
personnel of the licensee or certificate holder, to transfer, receive, 
possess, transport, import, and use one or more categories of covered 
weapons, notwithstanding any State, local, or certain Federal firearms 
laws, including regulations, that prohibit or restrict such conduct.
* * * * *
    Covered weapon means any handgun, rifle, shotgun, short-barreled 
shotgun, short-barreled rifle, semi-automatic assault weapon, machine 
gun, ammunition for any of such weapons, or large capacity ammunition 
feeding device, as specified under 42 U.S.C. 2201a(b), that are 
otherwise prohibited or restricted by State, local, or certain Federal 
firearms laws, including regulations.
* * * * *
    Enhanced weapon means any short-barreled shotgun, short-barreled 
rifle, or machine gun. Enhanced weapons do not include destructive 
devices as specified under 18 U.S.C. 921(a)(4).
* * * * *
    Stand-alone preemption authority means the authority granted to the 
Commission, at 42 U.S.C. 2201a, to authorize licensees or certificate 
holders, or the designated security personnel of a licensee or 
certificate holder, to transfer, receive, possess, transport, import, 
and use one or more categories of covered weapons other than enhanced 
weapons, notwithstanding any State, local, or certain Federal firearms 
laws, including regulations, that prohibit or restrict such conduct.
* * * * *
0
3. In Sec.  73.18, as proposed to be added February 3, 2011 (76 FR 
6233), revise paragraphs (d), (e), (f)(2)(iii), (j), (n)(2), (n)(3), 
and (n)(4); and add paragraph (s) to read as follows:


Sec.  73.18  Authorization for use of enhanced weapons and preemption 
of firearms laws.

* * * * *
    (d) Application process for stand-alone preemption authority. (1) 
Only licensees and certificate holders included within the classes of 
facilities, radioactive material, and other property listed in 
paragraph (c)(1) of this section may apply to the NRC for stand-alone 
preemption authority.
    (2) Licensees and certificate holders applying for stand-alone 
preemption authority must submit an application to the NRC using the 
procedures specified in this section.
    (3) The contents of the application must include the following 
information:
    (i) A statement indicating that the licensee or certificate holder 
is applying for stand-alone preemption authority under 42 U.S.C. 2201a;
    (ii) The Commission-designated facility, radioactive material, or 
other property to be protected by the licensee's or certificate 
holder's security personnel using the covered weapons;
    (iii) A description of the licensee's or certificate holder's 
purposes and objectives in requesting stand-alone preemption authority. 
This description must include whether these covered weapons are 
currently employed as part of the licensee's or certificate holder's 
existing protective strategy or whether these covered weapons will be 
used in a revised protective strategy; and
    (iv) A description of the licensee's or certificate holder's 
Firearms Background Check Plan required by Sec.  73.19.
    (4) Licensees and certificate holders must supplement their 
application for stand-alone preemption authority with the following 
additional information:
    (i) A confirmation that a sufficient number of security personnel 
have completed a satisfactory firearms background check to meet the 
licensee's or certificate holder's security-personnel minimum staffing 
requirements as specified in its physical security plan and any 
applicable fatigue requirements under part 26 of this chapter;
    (ii) A confirmation that the necessary training modules and 
notification

[[Page 57117]]

procedures have been developed under their Firearms Background Check 
Plan; and
    (iii) A confirmation that all security personnel whose official 
duties require access to covered weapons have been trained on these 
modules and notification procedures.
    (5) The licensee or certificate holder must submit both the 
application and the supplementary information to the NRC in writing, 
under oath or affirmation, and in accordance with Sec.  73.4.
    (6) Upon the effective date of the NRC's approval of its 
application for stand-alone preemption authority, the licensee or 
certificate holder must only assign security personnel who have 
completed a satisfactory firearms background check to duties requiring 
access to any covered weapons.
    (e) Application process for combined enhanced weapons authority and 
preemption authority. (1) Only licensees and certificate holders 
included within the classes of facilities, radioactive material, and 
other property listed in paragraph (c)(2) of this section may apply to 
the NRC for combined enhanced weapons authority and preemption 
authority.
    (2) Licensees and certificate holders applying for combined 
enhanced weapons authority and preemption authority must submit an 
application to the NRC using the procedures specified in this section.
    (3) The contents of the application must include the following 
information:
    (i) A statement indicating that the licensee or certificate holder 
is applying for combined enhanced weapons authority and preemption 
authority under 42 U.S.C. 2201a.
    (ii) The Commission-designated facility, radioactive material, or 
other property to be protected by the licensee's or certificate 
holder's security personnel using the enhanced weapons.
    (iii) A description of the licensee's or certificate holder's 
purposes and objectives in requesting combined enhanced weapons 
authority and preemption authority. This must include whether these 
covered weapons are currently employed as part of the licensee's or 
certificate holder's existing protective strategy; or whether these 
covered weapons will be used in a revised protective strategy.
    (iv) A description of the licensee's or certificate holder's 
Firearms Background Check Plan required by Sec.  73.19.
    (v) If the NRC has previously approved the licensee's or 
certificate holder's application for stand-alone preemption authority, 
under either paragraph (d) of this section or under a Commission Order 
issued before [EFFECTIVE DATE OF FINAL RULE], then the licensee or 
certificate holder must include the effective date of the NRC's 
approval of preemption authority in their application for combined 
enhanced weapons authority and preemption authority.
    (4) The licensee or certificate holder must include with their 
application the additional technical information required by paragraph 
(f) of this section.
    (5) Licensees and certificate holders must supplement their 
application with the following additional information:
    (i) A confirmation that a sufficient number of security personnel 
have completed a satisfactory firearms background check to meet the 
licensee's or certificate holder's security-personnel minimum staffing 
requirements as specified in its physical security plan and any 
applicable fatigue requirements under part 26 of this chapter;
    (ii) A confirmation that the necessary training modules and 
notification procedures have been developed under their Firearms 
Background Check Plan; and
    (iii) A confirmation that all security personnel whose official 
duties require access to covered weapons have been trained on these 
modules and notification procedures.
    (iv) Exceptions:
    (A) Licensees and certificate holders who were previously approved 
by the NRC for preemption authority under paragraph (d) of this section 
are not required to submit the supplemental information of this 
paragraph (as a component of their application for combined enhanced 
weapons authority and preemption authority).
    (B) Licensees and certificate holders who were previously approved 
by the NRC for preemption authority pursuant to a Commission Order 
issued before [IEFFECTIVE DATE OF FINAL RULE], are not required to 
submit the supplemental information of this paragraph (as a component 
of their application for combined enhanced weapons authority and 
preemption authority).
    (6) The licensee or certificate holder must submit its application 
in accordance with the applicable license amendment or certificate of 
compliance amendment provisions specified in Sec. Sec.  50.90, 70.34, 
72.56, or 76.45 of this chapter. The licensee or certificate holder 
must submit both the application and the supplementary information to 
the NRC in writing and under oath or affirmation.
    (7) If a licensee or certificate holder wishes to use a different 
type or caliber of enhanced weapons or obtain a different quantity of 
enhanced weapons from that previously approved by the Commission under 
this section, then the licensee or certificate holder must submit a new 
application to the NRC in accordance with paragraph (e) of this section 
(to address these different weapons or different quantities of 
weapons).
    (8) Upon the effective date of the NRC's approval of its 
application for combined enhanced weapons authority and preemption 
authority, the licensee or certificate holder must only assign security 
personnel who have completed a satisfactory firearms background check 
to perform duties requiring access to any covered weapons.
    (f) * * *
    (2) * * *
    (iii) The licensee or certificate holder must address in the 
safeguards contingency plan how the enhanced weapons will be employed 
by the security personnel in implementing the protective strategy, 
including tactical approaches and maneuvers; and
* * * * *
    (j) Use of enhanced weapons. Requirements regarding the general use 
of enhanced weapons by licensee or certificate holder security 
personnel, in the performance of their official duties, are contained 
in Sec. Sec.  73.46, 73.51, and 73.55 and in appendices B, C, and H of 
this part, as applicable.
* * * * *
    (n) * * *
    (2) Security personnel transporting enhanced weapons to or from a 
licensee's or certificate holder's facility following the completion 
of, or in preparation for, the duty of escorting shipments of 
radioactive material or other property that is being transported to or 
from the licensee's or certificate holder's facility must ensure that 
these weapons are rendered safe and locked in a secure container during 
transport. Security personnel may transport unloaded weapons and 
ammunition in the same locked secure container.
    (3) Security personnel using enhanced weapons to protect shipments 
of radioactive material or other property that are being transported to 
or from the licensee's or certificate holder's facility must ensure 
that these weapons are maintained in a state of loaded readiness and 
available for immediate use, except when otherwise prohibited by 18 
U.S.C. 922(q).
    (4) Security personnel transporting enhanced weapons to or from the 
licensee's or certificate holder's facility must comply with the 
requirements of Sec.  73.19.
* * * * *

[[Page 57118]]

    (s) Sunsetting of orders. For licensees who received an NRC order 
approving an application for stand-alone preemption authority or 
combined preemption authority and enhanced weapons authority prior to 
[EFFECTIVE DATE OF FINAL RULE], the following provisions apply.
    (1) The NRC's approval via a confirmatory order of preemption 
authority or enhanced weapons authority under Section 161A for a 
licensee remains valid and licensees or certificate holders would not 
need to reapply for this authority.
    (2) Licensees issued such orders must comply with the requirements 
of this section. Accordingly, the requirements of such orders are 
superseded in their entirety by the requirements of this section.
    (3) Licensees issued such orders must update any procedures, 
instructions, and training material, developed in response to the 
orders, to reflect the transition from requirements under the order to 
the requirements of this section. Licensees must complete these 
transition actions by [DATE 60 DAYS AFTER THE EFFECTIVE DATE OF FINAL 
RULE].
    (4) Licensees issued such orders must notify the NRC in writing, in 
accordance with Sec.  73.4, of the completion of these transition 
actions. Licensees must complete this notification by [DATE 70 DAYS 
AFTER THE EFFECTIVE DATE OF FINAL RULE].
0
4. In Sec.  73.19, as proposed to be added February 3, 2011 (76 FR 
6237), revise paragraph (b); remove and reserve paragraph (c); revise 
paragraphs (f), (g), (h), (j), (p)(1), and (p)(5); and add paragraph 
(r) to read as follows:


Sec.  73.19  Firearms background checks for armed security personnel.

* * * * *
    (b) General requirements. (1) Licensees and certificate holders who 
have applied to the NRC under Sec.  73.18 for stand-alone preemption 
authority or for combined enhanced weapons authority and preemption 
authority must comply with the provisions of this section. Such 
licensees and certificate holders must establish a Firearms Background 
Check Plan. Licensees and certificate holders must establish this plan 
as part of their overall NRC-approved Training and Qualification plan 
for security personnel whose official duties require access to covered 
weapons.
    (2) For the purposes of Sec.  73.18 and this section only, the term 
security personnel whose official duties require access to covered 
weapons includes, but is not limited to, the following groups of 
individuals:
    (i) Security officers using covered weapons to protect a 
Commission-designated facility, radioactive material, or other 
property;
    (ii) Security officers undergoing firearms training on covered 
weapons;
    (iii) Firearms-training instructors conducting training on covered 
weapons;
    (iv) Armorers conducting maintenance, repair, and testing of 
covered weapons;
    (v) Individuals with access to armories and weapons storage lockers 
containing covered weapons;
    (vi) Individuals issuing covered weapons from armories to security 
personnel and checking in such weapons;
    (vii) Individuals conducting inventories of enhanced weapons;
    (viii) Individuals removing enhanced weapons from the site for 
repair, training, and escort-duty purposes; and
    (ix) Individuals whose duties require access to covered weapons, 
whether the individuals are employed directly by the licensee or 
certificate holder or they are employed by a security contractor who 
provides security services to the licensee or certificate holder.
    (3) The objectives of a Firearms Background Check Plan must 
include:
    (i) Completing firearms background checks for all security 
personnel whose official duties require access to covered weapons;
    (ii) Defining the process for completing initial, periodic, and 
break in service firearms background checks;
    (iii) Defining the training objectives and modules for security 
personnel who are subject to firearms background checks;
    (iv) Completing the initial and periodic training for security 
personnel whose official duties require access to covered weapons;
    (v) Maintaining records of completed firearms background checks, 
required training, and any supporting documents;
    (vi) Maintaining records of a decision to remove security personnel 
from duties requiring access to covered weapons, due to the 
identification or occurrence of any Federal or State disqualifying 
status condition or event; and
    (vii) Developing and implementing procedures for notifying the NRC 
of the removal of security personnel from access to covered weapons, 
due to the identification or occurrence of any Federal or State 
disqualifying status condition or event.
    (4) Licensees and certificate holders who have applied to the NRC 
for stand-alone preemption authority or for combined enhanced weapons 
authority and preemption authority under Sec.  73.18 must ensure that a 
satisfactory firearms background check has been completed for all 
security personnel whose official duties require access to covered 
weapons.
    (5) Only licensees and certificate holders who have applied for 
Section 161A authority under Sec.  73.18 may conduct firearms 
background checks.
    (6) The licensee or certificate holder must commence firearms 
background checks only after receiving notification from the NRC that 
the agency has accepted for review their application for stand-alone 
preemption authority or for combined enhanced weapons authority and 
preemption authority.
    (7) Applicability of firearms background checks to applicants for a 
license or certificate of compliance:
    (i) Applicants for a license or a certificate of compliance who 
have also submitted an application for Section 161A authority must only 
commence firearms background checks after:
    (A) The NRC has issued their license or certificate of compliance; 
and
    (B) The NRC has accepted their application for stand-alone 
preemption authority or for combined enhanced weapons authority and 
preemption authority for review.
    (ii) Subsequent to [EFFECTIVE DATE OF FINAL RULE], applicants for a 
license or a certificate of compliance who have also applied for 
Section 161A authority and been issued their license or certificate of 
compliance must ensure a satisfactory firearms background check (as 
defined in Sec.  73.2) has been completed for all security personnel 
who require access to covered weapons, before the licensee's or 
certificate holder's initial receipt of any source material, special 
nuclear material, or radioactive material specified under the license 
or certificate of compliance.
    (8) Licensee and certificate holder actions in response to an 
adverse firearms background check (as defined in Sec.  73.2):
    (i) The licensee or certificate holder must remove, without delay, 
from duties requiring access to covered weapons, any security personnel 
who receive a ``denied NICS response;''
    (ii) The licensee or certificate holder must remove, without delay, 
from duties requiring access to enhanced weapons, any security 
personnel who receive a ``delayed NICS response;'' and
    (iii) If the security personnel to be removed is on duty at the 
time of removal, then the licensee and certificate holder must 
reconstitute the vacated position within the timeframe

[[Page 57119]]

specified in their NRC-approved physical security plan.
    (9) Subsequent to the licensee's or certificate holder's receipt of 
notification that the NRC has approved its application for either 
stand-alone preemption authority or for combined enhanced weapons 
authority and preemption authority:
    (i) The licensee or certificate holder must complete a satisfactory 
firearms background check on security personnel, before assigning that 
individual to any duties that require access to covered weapons;
    (ii) The licensee or certificate holder may return to duties that 
require access to covered weapons any security personnel who has 
previously received an adverse firearms background check, if the 
individual subsequently completes a satisfactory firearms background 
check or successfully appeals an adverse firearms background check; and
    (iii) During the pendency of an individual's appeal to the Federal 
Bureau of Investigation (FBI) of an adverse firearms background check, 
the licensee or certificate holder must not assign such security 
personnel to duties that require access to covered weapons.
    (10) Accomplishment of periodic firearms background checks. (i) The 
licensee or certificate holder must complete a periodic firearms 
background check for security personnel whose duties require access to 
covered weapons. A satisfactory periodic firearms background check must 
be completed within 5 calendar years of the most recent satisfactory 
firearms background check.
    (ii) Licensees and certificate holders who had conducted firearms 
background checks pursuant to a confirmatory order issued by the NRC 
before [EFFECTIVE DATE OF FINAL RULE], must complete a periodic 
firearms background check for security personnel whose duties continue 
to require access to covered weapons. A satisfactory periodic firearms 
background check must be completed within 5 calendar years of the most 
recent satisfactory firearms background check.
    (iii) The licensee or certificate holder must complete the periodic 
firearms background check within the allowance period specified in 
paragraph (f) of this section.
    (11) Accomplishment of break in service firearms background checks. 
(i) The licensee or certificate holder must complete a new satisfactory 
firearms background check if the security personnel has had a break in 
service with their employing licensee, certificate holder, or their 
security contractor which is for a duration of greater than one week.
    (ii) The licensee or certificate holder must complete a new 
satisfactory firearms background check if the security personnel has 
transferred from a different licensee or certificate holder.
    (iii) A break in service means the security personnel's cessation 
of employment with the licensee, certificate holder, or their security 
contractor, notwithstanding that the previous licensee or certificate 
holder completed a satisfactory firearms background check on the 
individual within the last 5 years.
    (iv) Exceptions:
    (A) For the purposes of this section, a break in service does not 
include a security personnel's temporary active duty with the U.S. 
military reserves or National Guard.
    (B) The licensees or certificate holders, in lieu of completing a 
new satisfactory firearms background check, may instead verify via an 
industry-wide information-sharing database that the security personnel 
has completed a satisfactory firearms background check within the 
previous 12 months, provided that this previous firearms background 
check included a duty station location in the State or Territory where 
the licensee or certificate holder (who would otherwise be 
accomplishing the firearms background check) is located or the activity 
is solely occurring.
    (12) If subsequent to the NRC's approval of an application for 
Section 161A authority under Sec.  73.18, a change occurs in the 
licensee's or certificate holder's ownership of a facility, radioactive 
material, or other property or a security contractor that provides 
security services to the licensee or certificate holder, then the 
licensee or certificate holder is not required to conduct a break in 
service firearms background check for the security personnel whose 
duties require access to covered weapons.
    (13) With regard to accomplishing the requirements for other 
background (e.g., criminal history records) checks or personnel 
security investigations under the NRC's access authorization or 
personal security clearance program requirements of this chapter, the 
licensee or certificate holder may not substitute a satisfactory 
firearms background check in lieu of completing these other required 
background checks or security investigations.
    (14) If a licensee or certificate holder has completed initial 
satisfactory firearms background checks pursuant to a Commission order 
issued before [EFFECTIVE DATE OF FINAL RULE], then the licensee or 
certificate holder is not required to conduct a new initial firearms 
background check for its current security personnel. However, the 
licensee or certificate holder must conduct initial firearms background 
checks on new security personnel and periodic and break in service 
firearms background checks on current security personnel in accordance 
with the provisions of this section.
    (15) A licensee or certificate holder who withdraws their 
application for Section 161A authority or whose application was 
disapproved by the NRC must discontinue conducting firearms background 
checks.
    (16) A licensee or certificate holder whose authority under Section 
161A has been rescinded or was revoked by the NRC must discontinue 
conducting firearms background checks.
    (c) [Reserved]
* * * * *
    (f) Periodic firearms background checks. (1) Licensees and 
certificate holders must complete a satisfactory periodic firearms 
background check at least once every 5 calendar years for security 
personnel whose continuing duties require access to covered weapons.
    (2) Licensees and certificate holders must complete a periodic 
firearms background check within the same calendar month as the 
initial, or most recent, firearms background check with an allowance 
period to midnight of the last day of the calendar month of expiration.
    (3) Licensees and certificate holders may continue the security 
personnel's duties requiring access to covered weapons pending the 
satisfactory completion of a periodic firearms background check. 
However, licensees and certificate holders must remove security 
personnel from duties requiring access to covered weapons if the 
satisfactory completion of a periodic firearms background check does 
not occur before the expiration of the allowance period.
    (g) Notification of removal. (1) Licensees and certificate holders 
must notify the NRC Headquarters Operations Center by telephone within 
72 hours after removing security personnel from duties requiring access 
to covered weapons due to the identification or occurrence of any 
Federal or State disqualifying status condition or event that would 
prohibit them from possessing, receiving, or using firearms or 
ammunition. Licensees and certificate holders must contact the NRC 
Headquarters Operations Center at the

[[Page 57120]]

phone numbers specified in table 1 of appendix A of this part.
    (2) Exception. The licensee or certificate holder is not required 
to notify the NRC if the licensee's or certificate holder's security 
management was notified by the affected security personnel within 72 
hours of the identification or occurrence of any Federal or State 
disqualifying status condition or event that would prohibit them from 
possessing, receiving, or using firearms or ammunition.
    (h) Security personnel responsibilities. (1) Security personnel 
assigned to duties requiring access to covered weapons must notify 
their employing licensee's or certificate holder's security management 
within 72 hours of the identification or occurrence of any Federal or 
State disqualifying status condition or event that would prohibit them 
from possessing, receiving, or using firearms or ammunition.
    (2) This notification requirement is applicable to all security 
personnel assigned duties requiring access to covered weapons, 
irrespective of whether they are directly employed by the licensee or 
certificate holder or employed by a contractor providing security 
services to the licensee or certificate holder.
* * * * *
    (j) Training for security personnel subject to firearms background 
checks. (1) Licensees and certificate holders must include within their 
Firearms Background Check Plan the development and accomplishment of 
training modules for security personnel assigned official duties 
requiring access to covered weapons.
    (2) The training modules must include information on the following 
topics:
    (i) Federal disqualifying status conditions or events specified in 
18 U.S.C. 922(g) and (n) and the ATF's implementing regulations in 27 
CFR part 478 (including any applicable definitions) identifying 
categories of persons who are prohibited from possessing, receiving, or 
using any firearms or ammunition;
    (ii) Any applicable State disqualifying status conditions or 
events;
    (iii) The continuing responsibility of security personnel subject 
to a firearms background check to promptly and voluntarily notify their 
employing licensee or certificate holder of the identification or 
occurrence of any Federal or State disqualifying status condition or 
event; and
    (iv) The process for appealing to the FBI a ``denied'' or 
``delayed'' NICS response.
    (3) Licensees and certificate holders must conduct periodic 
refresher training on these modules at an annual frequency for security 
personnel assigned official duties requiring access to covered weapons.
* * * * *
    (p) Appeals and resolution of erroneous system information. (1) The 
licensee or certificate holder may not assign security personnel who 
have receive a ``denied'' or a ``delayed'' NICS response to duties 
requiring access to covered weapons:
    (i) During the pendency of an appeal of a ``denied'' NICS response; 
or
    (ii) During the pendency of providing to the FBI and evaluating any 
necessary additional information to resolve a ``delayed'' NICS 
response.
* * * * *
    (5) Challenges of the accuracy and correctness of records. (i) If 
the individual wishes to challenge the accuracy of the record upon 
which the ``denied'' or ``delayed'' response is based, or if the 
individual wishes to assert that his or her rights to possess or 
receive a firearm have been restored by lawful process, he or she must 
first contact the FBI at the address stated in paragraph (p)(4)(i) of 
this section.
    (ii) The individual must file any appeal of a ``denied'' response 
or file a request to resolve a ``delayed'' response within 45 calendar 
days after the date the licensee or certificate holder notifies the 
individual of the adverse response.
    (iii) The individual appealing a ``denied'' response or resolving a 
``delayed'' response is responsible for providing the FBI any 
additional information the FBI requires to resolve the adverse 
response. These individuals must supply this information to the FBI 
within 45 calendar days after the FBI's response is issued.
    (iv) The individual may request extensions of the time to supply 
the additional information requested by the FBI in support of a timely 
appeal or resolution request. These extension requests must be made to 
the licensee or certificate holder. The licensee or certificate holder 
may grant an extension request for good cause, as determined by the 
licensee or certificate holder.
    (v) The individual's appeal or request submitted to the FBI must 
include appropriate documentation or record(s) establishing the legal 
and/or factual basis for the challenge. Any record or document of a 
court or other government entity or official furnished in support of an 
appeal must be certified by the court or other government entity or 
official as a true copy.
    (vi) The individual may supplement their initial appeal or request, 
subsequent to the 45-day filing deadline, with additional information 
as it becomes available, for example, where obtaining a true copy of a 
court transcript may take longer than 45 days. The individual should 
note in their appeal or request any information or records that are 
being obtained, but are not yet available.
* * * * *
    (r) Sunsetting of orders. For licensees who received an NRC order 
designating them as part of an interim class of facilities eligible to 
apply for Section 161A authority prior to [EFFECTIVE DATE OF FINAL 
RULE], the following provisions apply regarding the sunsetting of these 
designation orders.
    (1) Licensees issued such orders are no longer considered part of 
an interim class of facilities eligible to apply for Section 161A 
authority but instead are encompassed within the Commission-designated 
classes of facilities, activities, and other property specified in 
Sec.  73.18(c).
    (2) Licensees issued such orders must comply with the requirements 
of this section, in lieu of complying with the firearms background 
check requirements of those orders. Accordingly, the requirements of 
those orders are superseded in their entirety by the requirements of 
this section.
    (3) Licensees issued such orders must update any procedures, 
instructions, and training material they have developed in response to 
the orders to reflect the transition from requirements under the order 
to the requirements of this section. Licensees must complete these 
transition actions by [DATE 60 DAYS AFTER THE EFFECTIVE DATE OF FINAL 
RULE].
    (4) Licensees issued such orders must notify the NRC in writing, in 
accordance with Sec.  73.4, of the completion of these transition 
actions. Licensees must complete this notification by [DATE 70 DAYS 
AFTER THE EFFECTIVE DATE OF FINAL RULE].
0
5. In Sec.  73.51, add paragraph (f) to read as follows:


Sec.  73.51  Requirements for the physical protection of stored spent 
nuclear fuel and high-level radioactive waste.

* * * * *
    (f) Response requirements. For licensees employing covered weapons 
as part of their protective strategy, the licensee must train each 
armed member of the security organization using covered weapons to 
prevent or impede attempted acts of radiological sabotage by using 
force sufficient to counter the force directed at that armed member,

[[Page 57121]]

including the use of deadly force as authorized by applicable State or 
Federal law.

    Dated at Rockville, Maryland, this 15th day of September, 2015.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2015-23669 Filed 9-21-15; 8:45 am]
 BILLING CODE 7590-01-P