Notice of Issuance of Guidelines on Use of Firearms by Security Personnel; Notice of Effective Date of Statute, 46800-46806 [E9-21980]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46800-46806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21980]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0465]


Notice of Issuance of Guidelines on Use of Firearms by Security 
Personnel; Notice of Effective Date of Statute

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance; Notice of effective date.

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SUMMARY: The Nuclear Regulatory Commission (Commission or NRC) is 
issuing, with the approval of the U.S. Attorney General, guidelines on 
the use of firearms by security personnel whose official duties include 
the protection of NRC-regulated facilities, radioactive material, or 
other property. On August 8, 2005, President Bush signed into law the 
Energy Policy Act of 2005 (the Act). Section 653 of the Act amended the 
Atomic Energy Act of 1954 (AEA) by adding new section 161A., regarding 
the use of firearms by security personnel. Under the provisions of 
section 161A.d., section 161A. takes effect on the date that these 
guidelines are issued by the Commission, with the approval of the 
Attorney General.

DATES: Section 161A. of the AEA takes effect on September 11, 2009.

FOR FURTHER INFORMATION CONTACT: Philip Brochman, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6557, e-mail 
Phil.Brochman@nrc.gov or Susan Fonner, Office of the General Counsel, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone

[[Page 46801]]

(301) 415-1629, e-mail Susan.Fonner@nrc.gov.

SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed 
into law the Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 
594 (2005). Section 653 of the Act amended the AEA by adding section 
161A., ``Use of Firearms by Security Personnel,'' 42 U.S.C. 2201a. 
Section 161A. of the AEA provides the Commission with new authority 
with respect to firearms that will enhance security at designated 
facilities of NRC licensees and certificate holders and will also 
enhance security with respect to certain radioactive material or other 
property owned or possessed by an NRC licensee or certificate holder, 
or the transportation of such material or other property.
    Specifically, section 161A. provides two potential advantages to 
NRC licensees and certificate holders to enhance security. NRC's 
current regulations authorize in certain circumstances the possession 
of standard weapons by the security personnel of licensees and 
certificate holders. Under section 161A., the Commission is authorized 
to permit licensees and certificate holders to obtain weapons not 
previously permitted to be owned or possessed under Commission 
authority, that is, short-barreled shotguns, short-barreled rifles, and 
machineguns (i.e., enhanced weapons). In addition, section 161A. 
authorizes the Commission to permit security personnel of a licensee or 
certificate holder to transfer, receive, possess, transport, import, 
and use handguns, rifles, shotguns, short-barreled shotguns, short-
barreled rifles, machineguns, semiautomatic assault weapons, ammunition 
for such weapons, and large capacity ammunition feeding devices, 
notwithstanding State, local, and certain Federal firearms laws, 
including regulations, that prohibit such actions.
    Prior to the enactment of section 161A., with limited exceptions, 
only Federal, State or local law enforcement could lawfully possess 
machineguns. Section 161A. authority, however, allows licensees and 
certificate holders, who obtain the necessary authorization from the 
NRC, to lawfully possess machineguns that they previously were not 
authorized to possess.
    As indicated in the attached guidelines, an NRC licensee or 
certificate holder will be required to apply to the Commission to take 
advantage of the new authority provided by section 161A. Prior to 
granting an application to permit security personnel of an NRC licensee 
or certificate holder to transfer, receive, possess, transport, import, 
and use a weapon, ammunition, or device not previously authorized, the 
Commission must determine that the requested permission is necessary in 
the discharge of the official duties of the security personnel and that 
the security personnel are engaged in protecting: (1) A facility owned 
or operated by an NRC licensee or certificate holder and designated by 
the Commission, or (2) radioactive material or other property that is 
owned or possessed by an NRC licensee or certificate holder, or that is 
being transported to or from a facility owned or operated by such a 
licensee or certificate holder, and which has been determined by the 
Commission to be of significance to the common defense and security or 
public health and safety.
    Furthermore, an NRC licensee or certificate holder that applies to 
the NRC for enhanced weapons authority under section 161A. must also 
comply with applicable U.S. Bureau of Alcohol, Tobacco, Firearms, and 
Explosives (ATF) firearms requirements before obtaining such enhanced 
weapons.
    Section 161A. also mandates that all security personnel with duties 
requiring access to covered weapons who are engaged in the protection 
of Commission-designated facilities, radioactive material, or other 
property owned or operated by an NRC licensee or certificate holder 
shall be subject to a fingerprint-based background check by the 
Attorney General and a firearms background check against the Federal 
National Instant Background Check System (NICS). Consequently, these 
firearms background check requirements are mandatory for all such 
security personnel who are engaged in protecting licensees and 
certificate holders that fall within Commission-designated classes of 
facilities, radioactive material, and other property and who employ 
covered weapons as part of their protective strategy. These firearms 
background checks will provide assurance that such security personnel 
are not barred under Federal and State law from receiving, possessing, 
transporting, or using any covered weapons.
    Under the provisions of section 161A.d., 42 U.S.C. 2201a(d), 
section 161A. takes effect on the date that these guidelines are issued 
by the Commission, with the approval of the Attorney General. The 
Attorney General approved these guidelines by letter July 7, 2009. 
Accordingly, section 161A. takes effect as specified in the DATES 
section above.
    The recordkeeping and reporting requirements described in these 
guidelines will take effect upon the Commission's promulgation of 
regulations or the issuance of orders. Therefore, the NRC will obtain, 
as part of the promulgation or issuance of such regulations or orders, 
approval from the Office of Management and Budget of any such 
information collection burdens, as required under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
    Regulations or orders issued by the Commission concerning section 
161A. shall be consistent with the provisions of these guidelines. 
These guidelines do not supersede or alter existing Commission 
regulations or orders. The Commission will review and revise existing 
Commission regulations and orders to be consistent with these 
guidelines, as appropriate.

    Dated at Rockville, Maryland, this 4th day of September 2009.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment--Guidelines on the Use of Firearms by Security Personnel in 
Protecting U.S. NRC-Regulated Facilities, Radioactive Material, and 
Other Property

1. Authority and Scope

    On August 8, 2005, the President signed into law the Energy Policy 
Act of 2005 (the Act), Public Law 109-58, 119 Stat. 594 (2005). Section 
653 of the Act amended the Atomic Energy Act of 1954 (AEA) by adding 
section 161A., ``Use of Firearms by Security Personnel,'' 42 U.S.C. 
2201a. Section 161A. of the AEA provides new authority to the U.S. 
Nuclear Regulatory Commission (Commission or NRC) to enhance security 
at designated facilities of NRC licensees and certificate holders and 
to enhance security with respect to certain radioactive material or 
other property owned or possessed by an NRC licensee or certificate 
holder, or the transportation of such material or other property.
    Specifically, section 161A. provides two potential advantages to 
NRC licensees and certificate holders to enhance security. NRC's 
regulations authorize in certain circumstances the possession of 
standard weapons by the security personnel of licensees and certificate 
holders. Under section 161A., the Commission is authorized to permit 
licensees and certificate holders to obtain weapons not previously 
permitted to be owned or possessed under Commission authority, i.e., 
enhanced weapons. In addition, section 161A. authorizes the Commission 
to preempt State, local, and certain Federal

[[Page 46802]]

firearms laws, including regulations, that prohibit the transfer, 
receipt, possession, transport, import, and use of handguns, rifles, 
shotguns, short-barreled shotguns, short-barreled rifles, machineguns, 
semiautomatic assault weapons, ammunition for such weapons, and large 
capacity ammunition feeding devices.
    Prior to the enactment of section 161A., with limited exceptions, 
only Federal, State or local law enforcement could lawfully possess 
machineguns. Section 161A. authority, however, allows licensees and 
certificate holders who obtain the necessary authorization from the 
NRC, to lawfully possess machineguns (enhanced weapons authority) that 
they previously were not authorized to possess.
    An NRC licensee or certificate holder must apply to the Commission 
to take advantage of the provisions of section 161A. Prior to granting 
an application to permit security personnel of an NRC licensee or 
certificate holder to transfer, receive, possess, transport, import, 
and use a weapon, ammunition, or device not previously authorized, the 
Commission must determine that the requested authority is necessary in 
the discharge of the official duties of the security personnel and the 
security personnel are engaged in protecting: (1) A facility owned or 
operated by an NRC licensee or certificate holder and designated by the 
Commission, or (2) radioactive material or other property that has been 
determined by the Commission to be of significance to public health and 
safety or the common defense and security, and that is owned or 
possessed by an NRC licensee or certificate holder, or that is being 
transported to or from an NRC-regulated facility. The Commission's 
authorization shall only apply to use by security personnel of a 
licensee or certificate holder of a weapon, ammunition, or a device 
listed in section 161A.b. when used by such personnel while in the 
discharge of their official duties.
    Section 161A. also mandates that all security personnel with duties 
requiring access to covered weapons who are engaged in the protection 
of Commission-designated facilities, radioactive material, or other 
property owned or operated by an NRC licensee or certificate holder 
shall be subject to a fingerprint-based background check by the 
Attorney General and a firearms background check against the Federal 
National Instant Background Check System (NICS). These firearms 
background checks will provide assurance that such security personnel 
are not barred from possessing, transporting, or using any covered 
weapons.
    Under the provisions of section 161A.d., 42 U.S.C. 2201a(d), 
section 161A. takes effect on the date that these guidelines are issued 
by the Commission after being approved by the U.S. Attorney General.
    Regulations or orders issued by the Commission concerning section 
161A. shall be consistent with the provisions of these guidelines. 
Modification of these guidelines by the Commission must be made with 
the concurrence of the Attorney General.
    Definitions of terms that may not have a commonly understood 
meaning are contained in section 8 of these guidelines.

2. Commission Designations and Determinations

    After the issuance of these guidelines, the Commission will 
promulgate regulations or issue orders that authorize specific classes 
of licensees and certificate holders to apply to the Commission to use 
the authority of section 161A. These regulations or orders will 
designate the specific types of facilities for which licensees and 
certificate holders are authorized to use the authority of section 
161A. In addition, Commission regulations or orders will designate the 
specific types of radioactive material or other property owned or 
possessed by NRC licensees and certificate holders, or specific types 
of radioactive material or other property being transported to or from 
a facility owned or operated by an NRC licensee or certificate holder, 
for which an application to the Commission may be made to use the 
authority of section 161A. The Commission's designation of specific 
radioactive material or other property will be based upon a finding 
that the material or property is of significance to the common defense 
and security or public health and safety. These regulations or orders 
will require a firearms background check (as described in section 5 of 
these guidelines) for armed security personnel who have access to 
covered weapons and who are engaged in the protection of a facility, 
radioactive material, or other property owned or operated by an NRC 
licensee or certificate holder that has been designated by the 
Commission pursuant to section 161A.
    The Commission will promulgate regulations or issue orders 
establishing a process for NRC-regulated entities to apply for and 
obtain preemption authority under section 161A. The Commission will 
also promulgate regulations or issue orders establishing a process for 
NRC-regulated entities to apply for and obtain both enhanced weapons 
authority and preemption authority under section 161A. An NRC-regulated 
entity may obtain preemption authority without applying for enhanced 
weapons authority. An NRC-regulated entity seeking enhanced weapons 
authority must obtain both enhanced weapons authority and preemption 
authority. A licensee's or certificate holder's applications for 
preemption authority and enhanced weapons authority may be sequential 
or concurrent, but the NRC must approve the licensees' and certificate 
holders' applications for preemption authority at the same time as or 
before approving their application for enhanced weapons authority.
    Before granting preemption authority, the Commission will require 
persons who are licensees and certificate holders on the effective date 
of these guidelines, and who have applied for preemption authority only 
or for enhanced weapons authority and preemption authority, to notify 
the NRC when a sufficient number of security personnel have completed a 
satisfactory firearms background check to permit the licensee or 
certificate holder to meet the licensee's or certificate holder's 
security personnel minimum staffing and fatigue requirements. The NRC 
will review such readiness notifications on a case-by-case basis prior 
to approving a licensee's or certificate holder's application for 
preemption authority.
    In addition, Commission regulations or orders will require that 
before licensees and certificate holders may be granted authority by 
the NRC to obtain enhanced weapons they must: (1) Apply to the NRC for 
preemption authority, (2) apply to the NRC for approval to obtain 
enhanced weapons, and (3) develop new, or revise existing, physical 
security plans (including plans for the safe storage of covered 
weapons), security personnel training and qualification plans, 
safeguards contingency plans, and safety assessments incorporating the 
use of the enhanced weapons to be employed. These plans and assessments 
must be specific to the facility, radioactive material, or other 
property being protected; must identify the specific type(s) of covered 
weapons that will be used by security personnel; and must address how 
these covered weapons will be employed in meeting the NRC-required 
protective strategy. Licensees and certificate holders must submit 
these new, or revised, plans and assessments to the NRC for review and 
written approval. The requirements for the contents of the licensee's 
and certificate holder's physical security

[[Page 46803]]

plans, security personnel training and qualification plans, safeguards 
contingency plans, and safety assessments on the use of enhanced 
weapons are contained in NRC regulations.
    Based upon the NRC's review of an applicant's plans and assessments 
(as provided in the preceding paragraph) and upon a determination that 
all of the requirements of section 161A. have been, or will be, met, 
the NRC will provide a written statement to the licensee or certificate 
holder stating that the NRC has determined that the licensee's or 
certificate holder's need for the specific enhanced weapons that the 
licensee or certificate holder intends to deploy satisfies the 
requirements of the NRC under section 161A.
    Licensees and certificate holders lawfully possessing enhanced 
weapons under an authority other than section 161A. on or before the 
effective date of these guidelines are not required to revise their 
previously approved security plans, unless the licensee or certificate 
holder applies to the NRC under section 161A. for preemption authority 
or for enhanced weapons authority and preemption authority.

3. Applicability of Federal Firearms Laws, Regulations and Licensing 
Requirements

    In addition to complying with Commission regulations and orders 
implementing section 161A., licensees and certificate holders covered 
by these guidelines must also comply with applicable provisions of 
Title 18 U.S.C. Chapter 44 (the Gun Control Act (GCA)) and Title 26 
U.S.C. Chapter 53 (National Firearms Act (NFA)) and 27 CFR parts 478 
and 479 (the applicable regulations promulgated under those laws by the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)), regarding 
the transfer, receipt, possession, transportation, importation, or use 
of covered weapons, except to the extent that those regulations are 
superseded by section 161A. After a licensee's or certificate holder's 
receipt of the NRC's written approval of their application for enhanced 
weapons authority, the licensee or certificate holder may in accordance 
with 26 U.S.C. Chapter 53 have enhanced weapons transferred to them. An 
application to transfer an enhanced weapon to a licensee or certificate 
holder must be submitted to ATF by the transferor of the enhanced 
weapon. The application must include all required information including 
a copy of the NRC's written approval to possess specific enhanced 
weapons under section 161A. All enhanced weapons must be registered 
with ATF under the name of the licensee or certificate holder.

4. Training and Qualification on Enhanced Weapons

    The Commission will promulgate regulations or issue orders 
requiring NRC licensees or certificate holders who have received 
written NRC approval of their application for section 161A. enhanced 
weapons authority to provide specific training to their security 
personnel on the possession, storage, maintenance, and use of enhanced 
weapons and on tactical maneuvers employing such weapons in protecting 
NRC-designated facilities, radioactive material, or other property, 
whichever is applicable. The regulations or orders will require such 
licensees and certificate holders to incorporate within their security 
personnel training and qualification plans specific training and 
qualification information applicable to the enhanced weapons to be 
employed, including information regarding tactical maneuvers that 
security personnel will carry out with those weapons. This training and 
qualification information must conform with firearms training and 
qualification standards developed by nationally recognized firearms 
organizations or standard setting bodies, or with standards developed 
by Federal agencies, such as the U.S. Department of Homeland Security's 
Federal Law Enforcement Training Center, the U.S. Department of 
Energy's National Training Center, and the U.S. Department of Defense.

5. Firearms Background Checks

    The Commission will promulgate regulations or issue orders 
establishing requirements for firearms background checks for security 
personnel whose duties require access to covered weapons in connection 
with the protection of a facility, radioactive material, or other 
property owned or operated by an NRC licensee or certificate holder 
that has been designated by the Commission under section 2 of these 
guidelines.
    Licensees and certificate holders may apply to the NRC for 
preemption authority only or they may apply for both enhanced weapons 
authority and preemption authority. In either case, to obtain approval 
of such an application, satisfactory firearms background checks must 
have been completed for the licensee's or certificate holder's security 
personnel whose official duties require access to covered weapons. The 
firearms background check requirement applies to such security 
personnel whether they are directly employed by the licensee or 
certificate holder or they are employed by a security contractor who 
provides security services to the licensee or certificate holder.
    The Commission's regulations or orders will set forth the criteria 
for satisfactory and adverse firearms background checks, as defined in 
section 8(a) of these guidelines. The regulations or orders will 
require that licensees and certificate holders who employ covered 
weapons as part of their protective strategy for a facility, 
radioactive material, or other property that is included within the 
classes of facilities, radioactive material, or other property 
designated by the Commission shall complete a satisfactory firearms 
background check of security personnel who have, or are proposed to 
have, official duties that require access to covered weapons in the 
protection of such facilities, radioactive material, or other property. 
The firearms background checks are in addition to any other background 
checks or criminal history checks required for security personnel under 
Commission regulations or orders.
    Licensees and certificate holders who employ covered weapons as 
part of their protective strategy for a facility, radioactive material, 
or other property that is included within the classes of facilities, 
radioactive material, or other property designated by the Commission 
shall begin firearms background checks of their security personnel who 
have, or are proposed to have, official duties that require access to 
covered weapons in the protection of such facilities, radioactive 
material, or other property after the NRC issues a rule or order 
designating the class of facility, radioactive material, or other 
property into which their facility, radioactive material, or other 
property falls. Within 180 days of the NRC issuing such a rule or 
order, affected licensees and certificate holders must remove such 
personnel from duties requiring access to covered weapons if they have 
received an adverse firearms background check. During this 180-day 
period, affected licensees and certificate holders may permit such 
personnel who receive a ``delayed'' National Instant Criminal 
Background Check System (NICS) response to continue duties that require 
access to standard weapons pending resolution of the ``delayed'' 
response; however, they must remove such individuals from duties 
requiring access to enhanced weapons.
    Licensees and certificate holders may not permit security personnel 
who receive a ``denied'' NICS response, as defined in sections 8(a) and 
(c), to perform duties requiring access to

[[Page 46804]]

covered weapons, except as provided in the next paragraph.
    After the 180-day period, licensees and certificate holders may not 
permit security personnel who receive an adverse firearms background 
check to perform duties requiring access to covered weapons, except 
that security personnel who received a ``denied'' or ``delayed'' NICS 
response and who subsequently receive a response that a satisfactory 
firearms background check has been completed may be permitted access to 
covered weapons.
    Licensees or certificate holders who employ covered weapons as part 
of their protective strategy for a facility, radioactive material, or 
other property that is included within the classes of facilities, 
radioactive material, or other property designated by the Commission 
are required to conduct periodic firearms background checks of all 
security personnel who have, or are proposed to have, official duties 
that require access to covered weapons in the protection of such a 
facility, radioactive material, or other property, at a minimum of once 
every five years after their first background check. However, these 
checks may be conducted more frequently if required by Commission 
regulation or order, or if the licensee or certificate holder requires 
an earlier check. Security personnel who receive an adverse firearms 
background check response upon a recheck must be removed from duties 
that require access to covered weapons. Security personnel so removed 
who subsequently complete a satisfactory firearm background check may 
be permitted access to covered weapons. In addition, the Commission 
will require a new firearms background check for security personnel who 
have had a break of greater than one (1) week in employment by the 
licensee or certificate holder or in employment by a contractor who 
provides security services to a licensee or certificate holder.
    The Commission will require a new firearms background check for 
security personnel who have transferred to the employment or the 
service of the licensee or certificate holder from a different licensee 
or certificate holder in whose employ they previously completed a 
satisfactory firearms background check. However, a change in the 
ownership of the licensee or certificate holder, a change in the 
ownership of the security contractor providing the security personnel, 
or a change in the security contractor providing the security personnel 
will not require, by itself, the performance of a new firearms 
background check for personnel who have previously completed a 
satisfactory firearms background check.
    The Commission will require each licensee or certificate holder who 
employs enhanced weapons as part of their protective strategy for a 
facility, radioactive material, or other property that is included 
within the classes of facilities, radioactive material, or other 
property designated by the Commission to complete a satisfactory 
firearms background check for security personnel whose official duties 
require access to enhanced weapons in the protection of such 
facilities, radioactive material, or other property, before such 
personnel may be given access to enhanced weapons. The Commission will 
promulgate regulations or issue orders requiring such licensees or 
certificate holders to establish procedures for notifying the NRC when 
a security officer assigned duties requiring access to covered weapons 
is permanently removed from such duties because of an adverse firearms 
background check. The NRC will promptly report suspected violations of 
Federal law to the appropriate Federal agency and suspected violations 
of State law to the appropriate State agency.
    The Commission will promulgate regulations or issue orders 
providing a process for security personnel who have received an adverse 
firearms background check to appeal a ``denied'' NICS response to the 
FBI, or to provide additional information to the FBI to resolve a 
``delayed'' NICS response. Security personnel must file a request to 
appeal a ``denied'' NICS response or a request to resolve a ``delayed'' 
NICS response within 45 calendar days after the date the licensee or 
certificate holder notifies the individual of the adverse response. The 
request must include appropriate documentation or record(s) 
establishing the legal or factual basis, or both, for the challenge. It 
is the responsibility of a person who is appealing or resolving an 
adverse firearms background check to provide the FBI with any 
additional information requested by the FBI to resolve an adverse 
firearms background check. Such persons must supply this information to 
the FBI within 45 calendar days after the FBI's request. Extensions of 
the time period to supply additional requested information in support 
of a timely appeal or resolution request may be granted by the FBI for 
good cause shown, as determined by the FBI. Failure to timely initiate 
an appeal or resolution request or timely provide additional 
information requested by the FBI will result in the barring or 
abandonment of the appeal or resolution request. Appeals or resolution 
requests that are barred or abandoned because of the failure to comply 
with these deadlines may only be pursued after resubmission of a 
firearms background check request on the individual. Such resubmission 
will be by, and at the sole discretion of, a licensee or certificate 
holder.

6. Enhanced Weapons Accountability, Transfer, Transportation, and 
Record Keeping

    The Commission will promulgate regulations or issue orders 
requiring licensees and certificate holders to perform periodic 
accountability inventories of the enhanced weapons in their possession 
to verify their continued possession of each enhanced weapon. The 
regulations or orders will require licensees or certificate holders to 
complete such inventories at specified intervals, and at least one 
inventory will be conducted each year. These inventories must be based 
upon the verification of the presence at the licensee's or certificate 
holder's facility of each enhanced weapon or upon a verification of the 
presence of an intact tamper indicating device (TID) for enhanced 
weapons that are stored in locked and sealed storage or ready-service 
containers at the licensee's or certificate holder's facility. The 
regulations or orders will require that licensees and certificate 
holders permitting enhanced weapons to be removed from their facility 
(i.e., the owner controlled area) by security personnel for permissible 
reasons verify that such weapons are subsequently returned to the 
licensee's or certificate holder's facility upon completion of official 
use of the weapons.
    Permissible reasons for removal of enhanced weapons from the 
licensee's or certificate holder's facility include: (1) Removal for 
use at a firing range or training facility used by the licensee or 
certificate holder, and (2) removal for use in escorting shipments of 
radioactive material or other property designated by the Commission 
under section 2 of these guidelines, if the material or other property 
is being transported to or from the licensee's or certificate holder's 
facility. The Commission may provide other permissible reasons for the 
removal of enhanced weapons by regulation or order.
    Any other removal of enhanced weapons from a licensee's or 
certificate holder's facility would be a transfer of those weapons. The 
licensee or certificate holder may only transfer (by sale or otherwise) 
enhanced weapons

[[Page 46805]]

pursuant to an application approved by ATF under 26 U.S.C. Chapter 53.
    A licensee or certificate holder receiving enhanced weapons must 
assist the transferor in completing an application to transfer such 
weapons in accordance with 26 U.S.C. 5812, and must provide the 
transferor a copy of the NRC's written approval of their application 
for enhanced weapons authority. Enhanced weapons may only be 
transferred to the licensee or certificate holder, not to a contractor 
of the licensee or certificate holder.
    The Commission will promulgate regulations or issue orders 
requiring a licensee or certificate holder possessing enhanced weapons 
to notify the NRC and the appropriate local authorities of any stolen 
or lost enhanced weapons upon the discovery of such theft or loss. 
Licensees and certificate holders will also have an independent 
obligation, pursuant to 27 CFR 479.141, to report to ATF stolen or lost 
enhanced weapons registered in accordance with 26 U.S.C. 5841 
immediately upon the discovery of such theft or loss.
    Security personnel transporting enhanced weapons to or from a 
firing range or training facility used by the licensee or certificate 
holder are responsible for assuring that the weapons are unloaded and 
locked in a secure container during transport. Except as provided in 
the next paragraph, security personnel transporting covered weapons to 
or from a licensee's or certificate holder's facility following the 
completion of, or in preparation for, escorting designated radioactive 
material or other property being transported to or from the licensee's 
or certificate holder's facility are responsible for assuring that the 
weapons are unloaded and locked in a secure container during transport. 
In addition to being in a secure container, the contents of the 
container should only be accessible by authorized personnel. Unloaded 
covered weapons and ammunition for such weapons may be transported in 
the same secure container during transport.
    Security personnel required to carry covered weapons while 
escorting designated radioactive material or other property being 
transported to or from the licensee's or certificate holder's facility 
(whether intrastate or interstate) are responsible for assuring that 
such weapons are maintained in a state of loaded readiness and 
available for immediate use while they are accompanying the transport.
    To facilitate compliance with these guidelines, the NRC's 
regulations or orders will require licensees and certificate holders to 
keep records (capable of being inspected or audited by the NRC) 
relating to the receipt, transfer, and transportation of enhanced 
weapons. The records will be required to include the following minimum 
information relating to receipt and transfer of enhanced weapons: the 
date of receipt of the enhanced weapon; the name and address of the 
person from whom the enhanced weapon was received; the name of the 
manufacturer and importer (if any) of the enhanced weapon; the model, 
serial number, type, and caliber or gauge of the enhanced weapon; and 
for any transfer of an enhanced weapon (including sending off for 
repairs) by the licensee or certificate holder to another person, the 
name and address of the person to whom the enhanced weapon was 
transferred and the date of the transfer. The records will be required 
to include the following minimum information relating to transportation 
of enhanced weapons: the date of departure of the enhanced weapon from, 
and the date of return of the enhanced weapon to, the licensee's or 
certificate holder's facility; the purpose of the enhanced weapon's 
transportation; the name of the person transporting the enhanced weapon 
and the name of the person/facility to whom the enhanced weapon is 
being transported; and the model, serial number, type, and caliber or 
gauge of the enhanced weapon.

7. Termination, Modification, Suspension, and Revocation

    The Commission will promulgate regulations or issue orders setting 
forth standards for the termination, modification, suspension, or 
revocation of the NRC's approval of a licensee's or certificate 
holder's preemption authority or enhanced weapons authority and 
preemption authority. Within three (3) business days of notifying the 
licensee or certificate holder, the NRC will notify ATF of the 
termination, modification, suspension, or revocation of a licensee's or 
certificate holder's preemption authority or enhanced weapons authority 
and preemption authority. Such a notification will be made to the 
position or point of contact designated by ATF. The regulations or 
orders will require licensees and certificate holders to transfer any 
enhanced weapons that they are no longer authorized to lawfully possess 
under section 161A., or that they wish to dispose of, to (1) a Federal, 
State, or local government entity; (2) a Federal firearms licensee 
authorized to receive the enhanced weapons under applicable law and 
regulations; and (3) other NRC licensees and certificate holders 
subject to section 161A. that are authorized to receive and possess 
these weapons. Licensees and certificate holders may also abandon such 
weapons to ATF. Transfers of such enhanced weapons must be made in 
accordance with section 6 of these guidelines.
    The regulations or orders will require licensees and certificate 
holders to transfer any enhanced weapons (1) prior to NRC approval of 
the termination or modification of a licensee's or certificate holder's 
authority to possess the enhanced weapons under section 161A., and (2) 
as soon as practicable following NRC suspension or revocation of the 
licensee's or certificate holder's authority to lawfully possess 
enhanced weapons under section 161A.
    Licensees and certificate holders who have had their preemption 
authority or enhanced weapons and preemption authority suspended or 
revoked may reapply for such authority by filing a new application for 
such authority under these guidelines.
    Licensees and certificate holders who intend to obtain enhanced 
weapons different from the weapons previously approved by the NRC must 
submit to the NRC for prior review and approval revised physical 
security plans, training and qualification plans, safeguards 
contingency plans, and safety assessments addressing the use of these 
different enhanced weapons.

8. Definitions

    (a) As used in these guidelines--
    Adverse firearms background check means a firearms background check 
that has resulted in a ``denied'' or ``delayed'' NICS response.
    Covered weapon means any handgun, rifle, shotgun, short-barreled 
shotgun, short-barreled rifle, semi-automatic assault weapon, 
machinegun, ammunition for any such weapon, or large capacity 
ammunition feeding device as specified under section 161A. Covered 
weapons include both enhanced weapons and standard weapons.
    Enhanced weapon means any short-barreled shotgun, short-barreled 
rifle, or machinegun. Enhanced weapons do not include destructive 
devices as defined in 18 U.S.C. 921(a). Enhanced weapons do not include 
standard weapons.
    Firearms background check means a background check by the Attorney 
General pursuant to section 161A. that includes a check against the 
Federal Bureau of Investigation's (FBI's) fingerprint system and the 
NICS.
    NICS means the National Instant Criminal Background Check System 
established by Section 103(b) of the Brady Handgun Violence Prevention 
Act, Public Law 103-159, 107 Stat.

[[Page 46806]]

1536, that is operated by the FBI's Criminal Justice Information 
Services Division.
    NICS response means a response provided by the FBI as the result of 
a firearms background check against the NICS. Such a response may be 
``proceed,'' ``delayed,'' or ``denied.''
    Standard weapon means any handgun, rifle, shotgun, semi-automatic 
assault weapon, or large capacity ammunition feeding device. Standard 
weapons do not include enhanced weapons.
    Satisfactory firearms background check means a firearms background 
check that has resulted in a ``proceed'' NICS response.
    (b) The terms ``handgun, rifle, shotgun, short-barreled shotgun, 
short-barreled rifle, semi-automatic assault weapon, machinegun, 
ammunition, and large capacity ammunition feeding device'' have the 
same meaning provided for these terms in 18 U.S.C. 921(a).
    (c) The terms ``proceed,'' ``delayed,'' and ``denied,'' as used in 
NICS responses, have the same meaning provided for these terms in the 
FBI's regulations in 28 CFR part 25.

Disclaimer

    These guidelines may not be relied upon to create any rights, 
substantive or procedural, enforceable by law by any party in any 
manner, civil or criminal, and they do not place any limitations on 
otherwise lawful activities of the agencies.

[FR Doc. E9-21980 Filed 9-10-09; 8:45 am]
BILLING CODE 7590-01-P