Revision of Guidelines on Use of Firearms by Security Personnel, 8546-8550 [2019-04163]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8546-8550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04163]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0465]


Revision of Guidelines on Use of Firearms by Security Personnel

AGENCY: Nuclear Regulatory Commission.

ACTION: Firearms guidelines; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing, with 
the approval of the U.S. Attorney General, revised guidelines on the 
use of weapons by the security personnel of licensees and certificate 
holders whose official duties include the protection of designated 
facilities, certain radioactive material or other property owned or 
operated by an NRC licensee or certificate holder, or radioactive 
material or other property that is being transported to or from a 
facility owned or operated by such a licensee or certificate holder. 
The revised guidelines are entitled ``Guidelines on the Use of Firearms 
by Security Personnel in Protecting U.S. NRC-Regulated Facilities, 
Radioactive Material, and Other Property, Revision 2.'' The NRC first 
issued firearms guidelines on September 11, 2009.

DATES: The revised Firearms Guidelines take effect on March 8, 2019.

ADDRESSES: Please refer to Docket ID NRC-2008-0465 when contacting the

[[Page 8547]]

NRC about the availability of information regarding this document. You 
may access publicly available information related to this action by the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0465. Address 
questions about NRC docket IDs in Regulations.gov to Krupskaya 
Castellon; telephone: 301-287-9221; email: Krupskaya.Castellon@nrc.gov. 
For technical questions, contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to pdr.resource@nrc.gov.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Norman St. Amour, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-287-9129, email Norman.StAmour@nrc.gov.

SUPPLEMENTARY INFORMATION: Section 161A of the Atomic Energy Act of 
1954, as amended (AEA), ``Use of Firearms by Security Personnel,'' (42 
U.S.C. 2201a) provides statutory authority for the Commission to 
authorize the security personnel of an NRC licensee or certificate 
holder to transfer, receive, possess, transport, import, and use 
certain firearms, weapons, ammunition, or devices notwithstanding 
State, local, and certain Federal firearms laws that prohibit such 
actions. Section 161A of the AEA took effect on September 11, 2009, 
when the Commission issued the original Firearms Guidelines (74 FR 
46800).
    This revision to the Firearms Guidelines removes from the 
guidelines the 45-day deadline for appealing a delayed or denied 
firearms background check response from the Federal Bureau of 
Investigation (FBI) and the process for requesting an extension of that 
deadline. These appeal provisions applied to those licensee or 
certificate holder security personnel who receive a delayed or denied 
firearms background check response from the FBI. The Commission 
determined that it lacked the regulatory authority to impose this 
deadline and extension request process on licensee or certificate 
holder security personnel because the deadline and extension request 
process have no nexus to radiological health and safety or the common 
defense and security. Removal of these appeal deadline provisions will 
not have an adverse impact on licensee or certificate holder security 
personnel because the existing FBI procedures to appeal a delayed or 
denied firearms background check response remain unaffected by this 
change. The FBI's appeal process does not contain any appeal deadline. 
This revision also makes minor editorial and conforming changes to the 
Firearms Guidelines. These minor changes serve to eliminate any 
confusion regarding the appeals process; the guidelines will continue 
to include a reference to the FBI's appeals process.
    This revision to the Firearms Guidelines consists of two specific 
changes. First, the ninth paragraph under section 5, ``Firearms 
Background Checks,'' is amended to eliminate the 45-day appeal 
deadline, the associated extension request process, and information 
regarding appeals that is better addressed in guidance. Second, the 
indentation of ``Satisfactory firearms background check'' in Section 8, 
``Definitions,'' is corrected.
    The U.S. Attorney General approved this revision to the Firearms 
Guidelines by letter dated February 6, 2019 (ADAMS Accession No. 
ML19052A207). The Commission approved and authorized publication of the 
revised Firearms Guidelines in the Federal Register on September 4, 
2018 (ADAMS Accession No. ML18247A478). The revised Firearms Guidelines 
are included as an attachment to this document.

    Dated at Rockville, Maryland, this 4th day of March 2019.

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

Attachment

Guidelines on the Use of Firearms by Security Personnel in Protecting 
U.S. NRC Regulated Facilities, Radioactive Material, and Other 
Property, Revision 2

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. 
Section 653 of the Act amended the Atomic Energy Act of 1954, as 
amended, (AEA) by adding section 161A, ``Use of Firearms by Security 
Personnel,'' 42 U.S.C. 2201a. Section 161A of the AEA provides new 
authority to the U.S. Nuclear Regulatory Commission (Commission or 
NRC) to enhance security at designated facilities of NRC licensees 
and certificate holders and to enhance security with respect to 
certain radioactive material or other property owned or possessed by 
an NRC licensee or certificate holder, or the transportation of such 
material or other property.
    Specifically, section 161A provides two potential advantages to 
NRC licensees and certificate holders to enhance security. First, 
the Commission is authorized to permit the security personnel of 
licensees and certificate holders to obtain enhanced weapons, such 
as machineguns, short-barreled shotguns, and short-barreled rifles, 
not previously permitted to be owned or possessed under Commission 
authority (enhanced weapons authority). Second, section 161A 
authorizes the Commission to permit the security personnel of 
licensees or certificate holders to transfer, receive, possess, 
transport, import, and use handguns, rifles, shotguns, short-
barreled shotguns, short-barreled rifles, machineguns, semiautomatic 
assault weapons, ammunition for such weapons, and large capacity 
ammunition feeding devices notwithstanding State, local, and certain 
Federal firearms laws, including regulations, that prohibit such 
conduct (preemption authority).
    Prior to the enactment of section 161A, with limited exceptions, 
only Federal, State or local law enforcement could lawfully possess 
machineguns. Section 161A authority, however, allows licensees and 
certificate holders, who obtain the necessary authorization from the 
NRC, to lawfully possess machineguns (enhanced weapons authority) 
that they previously were not authorized to possess.
    An NRC licensee or certificate holder must apply to the 
Commission to take advantage of the provisions of section 161A. 
Prior to granting an application to permit security personnel of an 
NRC licensee or certificate holder to transfer, receive, possess, 
transport, import, and use a weapon, ammunition, or device not 
previously authorized, the Commission must determine that the 
requested authority is necessary in the discharge of the official 
duties of the security personnel and the security personnel are 
engaged in protecting: (1) A facility owned or operated by an NRC 
licensee or certificate holder and designated by the Commission, or 
(2) radioactive material or other property that has been determined 
by the Commission to be of significance to public health and safety 
or the common defense and security, and that is owned or possessed 
by an NRC licensee or certificate holder, or that is being 
transported to or from an NRC-regulated facility. The Commission's 
authorization shall only apply to use by security personnel of a 
licensee or certificate holder of a weapon, ammunition, or a device 
listed in section 161A.b. when used by such personnel while in the 
discharge of their official duties.
    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

[[Page 8548]]

section 161A.b. (42 U.S.C. 2201a(b)) shall be subject to a 
fingerprint-based background check by the Attorney General and a 
firearms background check against the Federal National Instant 
Background Check System (NICS). These firearms background checks 
will provide assurance that such security personnel are not barred 
from possessing, transporting, or using any covered weapons.
    Section 161A took effect with the publication of these 
guidelines in the Federal Register on September 11, 2009 (74 FR 
46800).
    Regulations or orders issued by the Commission concerning 
section 161A shall be consistent with the provisions of these 
guidelines. Modification of these guidelines by the Commission must 
be made with the concurrence of the Attorney General.
    Definitions of terms that may not have a commonly understood 
meaning are contained in section 8 of these guidelines.

2. Commission Designations and Determinations

    After the issuance of these guidelines, the Commission will 
promulgate regulations or issue orders that designate specific 
classes of licensees and certificate holders eligible to apply to 
the Commission to use the authority of section 161A. Commission 
regulations or orders will designate the specific types of 
facilities, radioactive material, or other property owned or 
possessed by NRC licensees and certificate holders, or specific 
types of radioactive material or other property being transported to 
or from a facility owned or operated by an NRC licensee or 
certificate holder, for which an application to the Commission may 
be made to use the authority of section 161A. The Commission's 
designation of specific radioactive material or other property will 
be based upon a finding that the material or property is of 
significance to the common defense and security or public health and 
safety. These regulations or orders will require NRC licensees or 
certificate holders that have been designated by the Commission 
pursuant to section 161A, and that have chosen to apply for 
preemption authority only or for enhanced weapons authority and 
preemption authority, to ensure that their armed security personnel 
who will have access to covered weapons and who are engaged in the 
protection of a designated facility, radioactive material, or other 
property, complete a satisfactory firearms background check as 
described in section 5 of these guidelines.
    The Commission will promulgate regulations or issue orders 
establishing a process for NRC-regulated entities to apply for and 
obtain preemption authority under section 161A. The Commission will 
also promulgate regulations or issue orders establishing a process 
for NRC-regulated entities to apply for and obtain both enhanced 
weapons authority and preemption authority under section 161A. An 
NRC-regulated entity may obtain preemption authority without 
applying for enhanced weapons authority. An NRC-regulated entity 
seeking enhanced weapons authority must obtain both enhanced weapons 
authority and preemption authority. A licensee's or certificate 
holder's applications for preemption authority and enhanced weapons 
authority may be sequential or concurrent, but the NRC must approve 
the licensee's or certificate holder's applications for preemption 
authority at the same time as or before approving its application 
for enhanced weapons authority.
    In addition, Commission regulations or orders will require that 
before licensees and certificate holders may be granted authority by 
the NRC to obtain enhanced weapons they must: (1) Apply to the NRC 
for preemption authority, (2) apply to the NRC for approval to 
obtain enhanced weapons, and (3) develop new, or revise existing, 
physical security plans (including plans for the safe storage of 
enhanced weapons), security personnel training and qualification 
plans, safeguards contingency plans, and safety assessments 
incorporating the use of the enhanced weapons to be employed. These 
plans and assessments must be specific to the facility, radioactive 
material, or other property being protected; must identify the 
specific type(s) of enhanced weapons that will be used by security 
personnel; and must address how these enhanced weapons will be 
employed in meeting the NRC-required protective strategy. Licensees 
and certificate holders must submit these new, or revised, plans and 
assessments to the NRC for review and written approval. The 
requirements for the contents of the licensee's and certificate 
holder's physical security plans, security personnel training and 
qualification plans, safeguards contingency plans, and safety 
assessments on the use of enhanced weapons are contained in NRC 
regulations.
    Based upon the NRC's review of an applicant's plans and 
assessments (as provided in the preceding paragraph) and upon a 
determination that all of the requirements of section 161A have 
been, or will be, met, the NRC will provide a written statement to 
the licensee or certificate holder stating that the NRC has 
determined that the licensee's or certificate holder's need for the 
specific enhanced weapons that the licensee or certificate holder 
intends to deploy satisfies the requirements of the NRC under 
section 161A.
    Licensees and certificate holders lawfully possessing enhanced 
weapons under an authority other than section 161A on or before the 
effective date of these guidelines are not required to revise their 
previously approved security plans, unless the licensee or 
certificate holder applies to the NRC under section 161A for 
preemption authority or for enhanced weapons authority and 
preemption authority.

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

    In addition to complying with Commission regulations and orders 
implementing section 161A, NRC licensees and certificate holders 
must also comply with applicable provisions of Title 18 U.S.C. 
Chapter 44 (the Gun Control Act), Title 26 U.S.C. Chapter 53 
(National Firearms Act), 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 to firearms 
training and qualification standards developed by nationally-
recognized firearms organizations or standard setting bodies, or 
with standards developed by Federal agencies, such as the U.S. 
Department of Homeland Security's Federal Law Enforcement Training 
Center, the U.S. Department of Energy's National Training Center, 
and the U.S. Department of Defense.

5. Firearms Background Checks

    The Commission will promulgate regulations or issue orders 
establishing requirements for firearms background checks. Licensees 
and certificate holders may apply to the NRC for preemption 
authority only or for both enhanced weapons authority and preemption 
authority. In either case, to obtain approval of such an 
application, satisfactory firearms background checks must have been 
completed for the licensee's or certificate holder's security 
personnel whose official duties require access to covered weapons. 
The firearms background check 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.

[[Page 8549]]

    The Commission's regulations or orders will set forth the 
criteria for satisfactory and adverse firearms background checks, as 
defined in section 8(a) of these guidelines. The regulations or 
orders will require that NRC licensees and certificate holders 
designated by the Commission pursuant to section 161A, and who have 
applied for preemption authority only or for enhanced weapons 
authority and preemption authority, ensure that their armed security 
personnel who have access to covered weapons and who are engaged in 
the protection of a designated facility, radioactive material, or 
other property, complete a firearms background check. The firearms 
background checks are in addition to any other background checks or 
criminal history checks required for security personnel under 
Commission regulations or orders.
    An applicant for preemption authority only or for enhanced 
weapons authority and preemption authority may begin firearms 
background checks of its security personnel who are proposed to have 
official duties that require access to covered weapons in the 
protection of such facilities, radioactive material, or other 
property after the NRC notifies the applicant that its application 
has been accepted for review. Upon notification that any personnel 
have received a ``denied'' National Instant Criminal Background 
Check System (NICS) response, an applicant must immediately remove 
such personnel from duties that would require access to covered 
weapons. Once a licensee or certificate holder has been granted 
preemption authority only or enhanced weapons authority and 
preemption authority under section 161A, a licensee or certificate 
holder must prohibit any personnel receiving a ``denied'' or 
``delayed'' NICS response from assuming duties requiring access to 
covered weapons. Security personnel who received a ``denied'' or 
``delayed'' NICS response and who subsequently receive a response 
that a satisfactory firearms background check has been completed may 
be permitted access to covered weapons.
    Before granting preemption authority, the Commission will 
require persons who are licensees and certificate holders on the 
effective date of these guidelines, and who have applied for 
preemption authority only or for enhanced weapons authority and 
preemption authority, to notify the NRC in writing after a 
sufficient number of security personnel have completed a 
satisfactory firearms background check to permit the licensee or 
certificate holder to meet the licensee's or certificate holder's 
security personnel minimum staffing and fatigue requirements. The 
NRC will review such readiness notifications on a case-by-case basis 
prior to approving a licensee's or certificate holder's application 
for preemption authority.
    Any licensee or certificate holder granted preemption authority 
only or enhanced weapons authority and preemption authority is 
required to conduct periodic firearms background checks of all 
security personnel who have, or are proposed to have, official 
duties that require access to covered weapons in the protection of 
such a facility, radioactive material, or other property, at a 
minimum of once every five years after their first background check. 
However, these checks may be conducted more frequently if required 
by Commission regulation or order, or if the licensee or certificate 
holder requires an earlier check.
    Security personnel who receive an adverse firearms background 
check response upon a recheck must be removed from duties that 
require access to covered weapons. Security personnel so removed who 
subsequently complete a satisfactory firearms background check may 
be permitted access to covered weapons. In addition, the Commission 
will require a new firearms background check for security personnel 
who have had a break of greater than one (1) week in employment by 
the licensee or certificate holder or in employment by a contractor 
who provides security services to a licensee or certificate holder.
    The Commission will require a new firearms background check for 
security personnel who have transferred to the employment or the 
service of the licensee or certificate holder from a different 
licensee or certificate holder in whose employ they previously 
completed a satisfactory firearms background check. However, a 
change in the ownership of the licensee or certificate holder, a 
change in the ownership of the security contractor providing the 
security personnel, or a change in the security contractor providing 
the security personnel will not require, by itself, the performance 
of a new firearms background check for personnel who have previously 
completed a satisfactory firearms background check.
    The Commission will promulgate regulations or issue orders 
requiring a licensee or certificate holder who has been granted 
preemption authority only or enhanced weapons authority and 
preemption authority to establish procedures for notifying the NRC 
when a security officer assigned duties requiring access to covered 
weapons is permanently removed from such duties because of an 
adverse firearms background check. The NRC will promptly report 
suspected violations of Federal law to the appropriate Federal 
agency and suspected violations of State law to the appropriate 
State agency.
    The Commission will promulgate regulations or issue orders 
requiring licensees and certificate holders to inform security 
personnel who have received an adverse firearms background check of 
the process to appeal a ``denied'' NICS response to the FBI, or to 
provide additional information to the FBI to resolve a ``delayed'' 
NICS response.

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 for enhanced weapons that are stored in 
locked and sealed storage or ready-service containers at the 
licensee's or certificate holder's facility. The regulations or 
orders will require that licensees and certificate holders 
permitting enhanced weapons to be removed from their facility (i.e., 
the owner-controlled area) by security personnel for permissible 
reasons verify that such weapons are subsequently returned to the 
licensee's or certificate holder's facility upon completion of 
official use of the weapons.
    Permissible reasons for removal of enhanced weapons from the 
licensee's or certificate holder's facility include: (1) Removal for 
use at a firing range or training facility used by the licensee or 
certificate holder, and (2) removal for use in escorting shipments 
of radioactive material or other property designated by the 
Commission under section 2 of these guidelines, if the material or 
other property is being transported to or from the licensee's or 
certificate holder's facility. The Commission may provide other 
permissible reasons for the removal of enhanced weapons by 
regulation or order.
    Any removal of the enhanced weapons from a licensee's or 
certificate holder's facility by a contractor would constitute a 
transfer of those weapons unless accompanied by the licensee's 
security personnel who are authorized to direct the contractor and 
therefore maintain control over the weapons. The licensee or 
certificate holder may only transfer (by sale or otherwise) enhanced 
weapons pursuant to an application approved by ATF under 26 U.S.C. 
Chapter 53.
    A licensee or certificate holder receiving enhanced weapons must 
assist the transferor in completing an application to transfer such 
weapons in accordance with 26 U.S.C. 5812, and must provide the 
transferor a copy of the NRC's written approval of its 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

[[Page 8550]]

personnel transporting enhanced weapons to or from a licensee's or 
certificate holder's facility following the completion of, or in 
preparation for, escorting designated radioactive material or other 
property being transported to or from the licensee's or certificate 
holder's facility are responsible for assuring that the weapons are 
unloaded and locked in a secure container during transport. Only 
authorized personnel shall have access to the contents of the 
container. Unloaded covered weapons and ammunition for such weapons 
may be transported in the same secure container during transport.
    Security personnel required to carry covered weapons while 
escorting designated radioactive material or other property being 
transported to or from the licensee's or certificate holder's 
facility (whether intrastate or interstate) are responsible for 
assuring that such weapons are maintained in a state of loaded 
readiness and available for immediate use while they are 
accompanying the transport.
    To facilitate compliance with these guidelines, the NRC's 
regulations or orders will require licensees and certificate holders 
to keep records (capable of being inspected or audited by the NRC) 
relating to the receipt, transfer, and transportation of enhanced 
weapons. The records will be required to include the following 
minimum information relating to receipt and transfer of enhanced 
weapons: The date of receipt of the enhanced weapon; the name and 
address of the person from whom the enhanced weapon was received; 
the name of the manufacturer and importer (if any) of the enhanced 
weapon; the model, serial number, type, and caliber or gauge of the 
enhanced weapon; and for any transfer of an enhanced weapon 
(including sending off for repairs) by the licensee or certificate 
holder to another person, the name and address of the person to whom 
the enhanced weapon was transferred and the date of the transfer. 
The records will be required to include the following minimum 
information relating to transportation of enhanced weapons: The date 
of departure of the enhanced weapon from, and the date of return of 
the enhanced weapon to, the licensee's or certificate holder's 
facility; the purpose of the enhanced weapon's transportation; the 
name of the person transporting the enhanced weapon and the name of 
the person/facility to whom the enhanced weapon is being 
transported; and the model, serial number, type, and caliber or 
gauge of the enhanced weapon.

7. Termination, Modification, Suspension, and Revocation

    The Commission will promulgate regulations or issue orders 
setting forth standards for the termination, modification, 
suspension, or revocation of the NRC's approval of a licensee's or 
certificate holder's preemption authority or enhanced weapons 
authority and preemption authority. Within three (3) business days 
of notifying the licensee or certificate holder, the NRC will notify 
ATF of the termination, modification, suspension, or revocation of a 
licensee's or certificate holder's preemption authority or enhanced 
weapons authority and preemption authority. Such a notification will 
be made to the position or point of contact designated by ATF. The 
regulations or orders will require licensees and certificate holders 
to transfer any enhanced weapons that they are no longer authorized 
to lawfully possess under section 161A, or that they wish to dispose 
of, to (1) a Federal, State, or local government entity; (2) a 
Federal firearms licensee authorized to receive the enhanced weapons 
under applicable law and regulations; or (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, semiautomatic assault weapon, 
machinegun, ammunition for any such weapon, or large capacity 
ammunition feeding device otherwise prohibited by State, local, or 
certain Federal laws, including regulations, as specified under 
section 161A.b.
    Enhanced weapon means any short-barreled shotgun, short-barreled 
rifle, or machinegun. Enhanced weapons do not include destructive 
devices as defined in 18 U.S.C. 921(a).
    Firearms background check means a background check by the 
Attorney General pursuant to section 161A that includes a check 
against the Federal Bureau of Investigation's (FBI's) fingerprint 
system and the NICS.
    NICS means the National Instant Criminal Background Check System 
established by section 103(b) of the Brady Handgun Violence 
Prevention Act, Public Law 103-159, 107 Stat. 1536 (1993), that is 
operated by the FBI's Criminal Justice Information Services 
Division.
    NICS response means a response provided by the FBI as the result 
of a firearms background check against the NICS. Such a response may 
be ``proceed,'' ``delayed,'' or ``denied.''
    Satisfactory firearms background check means a firearms 
background check that has resulted in a ``proceed'' NICS response.
    (b) The terms ``handgun, rifle, shotgun, short-barreled shotgun, 
short-barreled rifle, machinegun, and ammunition,'' have the same 
meaning provided for these terms in 18 U.S.C. 921(a).
    (c) The terms ``semiautomatic assault weapon'' and ``large 
capacity ammunition feeding device'' have the same meaning provided 
for these terms in sections 110101(b) and 110103(b) of the Violent 
Crime Control and Law Enforcement Act of 1994, Public Law 103_322, 
108 Stat 1796, before the expiration of those sections on September 
13, 2004.
    (d) 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. 2019-04163 Filed 3-7-19; 8:45 am]
 BILLING CODE 7590-01-P