ML073480158
| ML073480158 | |
| Person / Time | |
|---|---|
| Issue date: | 05/13/2008 |
| From: | Camper L, Michael Case, Lyons J, Pierson R NRC/FSME/DWMEP, NRC/NMSS/FCSS, NRC/NRO/DSER, NRC/NRR/ADRO/DPR |
| To: | |
| Brochman P, NSIR/DSP, 301-415-6557 | |
| References | |
| RIS-08-010 | |
| Download: ML073480158 (12) | |
See also: RIS 2008-10
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NEW REACTORS
OFFICE OF NUCLEAR REACTOR REGULATION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
OFFICE OF FEDERAL AND STATE MATERIALS AND
ENVIRONMENTAL MANAGEMENT PROGRAMS
WASHINGTON, DC 20555-0001
May 13, 2008
NRC REGULATORY ISSUE SUMMARY 2008-10
NOTICE REGARDING FORTHCOMING
FEDERAL FIREARMS BACKGROUND CHECKS
ADDRESSEES
All U.S. Nuclear Regulatory Commission (Commission or NRC) licensees, certificate holders,
and applicants for a license or certificate of compliance who use armed security personnel as
part of their physical protection system and security organization. All Radiation Control Program
Directors and State Liaison Officers.
PURPOSE
The NRC is issuing this Regulatory Issue Summary (RIS) first to provide time for advance
planning by licensees, certificate holders, applicants, and their respective armed security
personnel before the NRC issues new requirements on Federal firearms background checks.
These firearms background checks will apply to the armed security personnel of NRC licensees
and certificate holders who apply to the NRC for the new authority provided by section 161A of
the Atomic Energy Act of 1954, as amended (AEA). The NRC is also providing time for such
security personal, in advance of their being subject to a future firearms background check, to
consider applying under the Federal Bureau of Investigations (FBIs) Voluntary Appeal File
(VAF) program to verify that the FBI does not consider them disqualified from possessing
firearms or ammunition.
Secondly, the NRC is recommending that licensees, certificate holders, and applicants with
armed security personnel review their suitability evaluation program and suitability evaluation
records for armed security personnel to specifically evaluate the disqualifying criteria currently
stipulated under 18 U.S.C. § 922(d) and as discussed in this RIS. Although the NRC is not
aware of any instances where security personnel at NRC-regulated facilities inappropriately
possessed firearms or ammunition as part of their official duties, the NRC believes that it is
good public policy to ensure that its licensees, certificate holders, and applicants who utilize
armed security personnel are informed of applicable Federal laws. Additionally, the NRC
recommends that licensees, certificate holders, and applicants discuss the contents of this RIS
with their armed security personnel. Finally, for byproduct material licensees, there are no
current or planned NRC requirements necessitating the use of armed security personnel.
Page 2 of 7
However, some byproduct material licensees may use armed security personnel to provide
security for their overall facility rather than directly providing security for the radioactive
byproduct material itself. Therefore, this RIS is issued to Radiation Control Program Directors
and State Liaison Officers for information only. This RIS requires no specific action or written
response by addressees.
BACKGROUND INFORMATION
Current Statutory Requirements
Under section 922 of Title 18 of the United States Code (18 U.S.C. § 922), individuals in any of
the categories listed in subsections (g) and (n) are prohibited from shipping or transporting in
interstate or foreign commerce, possessing in or affecting commerce, or receiving any firearm or
ammunition shipped or transported in interstate or foreign commerce. Such individuals are
under a Federal firearms disability. These statutory restrictions have been in place for many
years and apply even in the case of an individual, who falls under such a prohibition, from taking
possession of a firearm or ammunition without knowing that this specific prohibition exists.
Furthermore, under 18 U.S.C. § 922(d), it is unlawful for any person to sell or otherwise dispose
of any firearm or ammunition to any person knowing or having reasonable cause to believe that
such a person falls within the categories of individuals who are prohibited from possessing or
receiving a firearm or ammunition. In this context, the term person is very broad and includes
any individual, corporation, company, association, firm partnership, society, or joint stock
company.
The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is responsible for
regulating these statutory requirements. ATFs regulations implementing 18 U.S.C. § 922(d),
(g), and (n) are found under 27 CFR 478.32 Prohibited shipment, transportation, possession, or
receipt of firearms and ammunition by certain persons, and a copy of these regulations are
contained in Enclosure 1. See ATFs Web site (Reference 1) for additional information.
Firearms Background Check Forthcoming Requirements
The Energy Policy Act of 2005 amended the AEA and provided new authority to the NRC under
new section 161A (see 42 U.S.C. § 2201a). Section 161A authorizes the Commission to
enhance security at facilities owned or operated by an NRC licensee or certificate holder and for
designated radioactive material or other property that is being transported to or from a facility
owned by such a licensee or certificate holder. Specifically, section 161A permits licensees and
certificate holders to apply to the NRC for approval to obtain enhanced weapons (e.g.,
machineguns) and obtain relief from restrictive State, local, and certain Federal firearms
regulations, thereby increasing their defensive capabilities. Prior to the enactment of section
161A, with limited exceptions, only Federal, State or local law-enforcement agencies could
lawfully possess machineguns.
The NRC published a proposed rule Power Reactor Security Requirements, on October 26,
2006, in the Federal Register (71 FR 62663) that would provide new requirements to implement
section 161A in two new sections 10 CFR 73.18 and 73.19 (see pages 71 FR 62847 thru
62850). These proposed regulations would require that security personnel who have access to
Page 3 of 7
any firearms and ammunition (at licensees and certificate holders who apply to the NRC for
section 161A authority) must be subject to a firearms background check by the U.S. Attorney
General (AG). Security personnel at licensees and certificate holders who do not apply to the
NRC for section 161A authority are not subject to a firearms background check by the AG. In
addition, licensees and certificate holders who do not apply to the NRC for section 161A
authority are not eligible by statute to request a firearms background check by the AG of their
armed security personnel.
Application for section 161A authority by NRC licensees and certificate holders is voluntary and
such application cannot occur until after the Commission publishes in the Federal Register the
firearms guidelines mandated by section 161A. Consequently, licensees and certificate holders
cannot begin firearms background checks until after they have applied to the NRC for section
161A authority. A final rule implementing the firearms guidelines is under development by the
NRC and will be published subsequent to the publication of the firearms guidelines.
SUMMARY OF ISSUE
The NRCs current regulations in 10 CFR Part 73, Appendix B, Criteria I.A.1, Employment
suitability and qualification, requires licensees and certificate holders to accomplish a suitability
evaluation of individuals prior to employment or assignment to the licensees, certificate
holders, or applicants security organization. Criteria I.A.1.b states:
Felony convictionsHave no felony convictions involving the use of a weapon
and no felony convictions that reflect on the individual's reliability.
In contrast with the NRCs current requirements, U.S. law under 18 U.S.C. § 922(d) is both
more restrictive (with regard to convictions) and includes additional disqualifying criteria. The
statute states that it shall be unlawful for any person to sell or otherwise dispose of any firearm
or ammunition to any person knowing or having reasonable cause to believe that such a
person
1. Is under indictment for, or has been convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year,
2. Is a fugitive from justice,
3. Is an unlawful user of, or addicted to, any controlled substance,
4. Has been adjudicated as a mental defective or has been committed to a mental
institution,
5. Being an alien, is illegally or unlawfully in the United States or has been admitted to the
United States under a nonimmigrant visa (see 8 U.S.C. § 1101(a)(26)),
6. Has been discharged from the U.S. Armed Forces under dishonorable conditions,
7. Has renounced their U.S. citizenship,
8. Is subject to a court order that restrains the individual from harassing, stalking, or
threatening an intimate partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child, or
9. Has been convicted of a misdemeanor crime of domestic violence.
Page 4 of 7
ATF has indicated that the statutory prohibitions of 18 U.S.C. § 922(d) above apply to an NRC
licensee, certificate holder, or applicant issuing firearms and ammunition to a security officer for
the purposes of performing their official dutyincluding circumstances where the firearms and
ammunition are returned to the licensee, certificate holder, or applicant at the end of a security
officers duty shift. See ATFs Web site (Reference 1) for additional information.
In general, these disqualifying criteria apply to all persons in all circumstances. However, ATFs
regulations under 27 CFR 478.141, General, also provide for limited exemptions. Some NRC
licensees and certificate holders that are government agencies may meet the exemption criteria
in this regulation. Such licensees and certificate holders should discuss this issue directly with
ATF to verify whether they meet these exemptions (see technical contacts below). Additionally,
ATFs regulations under 27 CFR 478.142, Effect of pardons and expungement of convictions,
addresses the removal of a Federal firearms disability following a pardon, an expungement, or
the restoration of civil rights following a conviction.
Security Officer Initiatives in Advance of Firearms Background Checks
If the NRC publishes a final rule implementing its authority under section 161A, licensees and
certificate holders who voluntarily apply for section 161A authority in the future would be
required to satisfactorily complete a firearms background check for all armed security personnel.
These licensees and certificate holders would submit to the NRC, for each armed security
officer, a set of fingerprints and the personal descriptor information specified in proposed NRC
Form 754. The NRC would then forward these fingerprint impressions and personal descriptor
information to the FBI. The FBI would compare the name of the individual and other personal
descriptors against the FBIs National Instant Criminal Background Check System (NICS)
databases to identify whether the individual is prohibited from receiving or possessing firearms
or ammunition. Licensees and certificate holders would not be authorized to request a firearms
background check for their security personnel until the licensee or certificate holder applies to
the NRC for section 161A authority.
Because NICS uses a name- and descriptor-based search process, rather than a fingerprint-
based search process, an individual who has a common name, has been the victim of identity
theft, or may have incomplete or inaccurate records in the NICS database (e.g., the
expungement of a prior conviction or the receipt of a pardon may not have been recorded) could
receive a denied response indicating she or he is under a Federal firearms disability. For a
denied response, the NICS automatically refers the individual to the ATF for possible criminal
investigation. The FBI will use the fingerprint impressions submitted by the security officer
under a firearms background check to resolve questions of identity following the NICS search
process, e.g., is hypothetical security officer John Smith (applying for a firearms background
check) one of the 18 individuals named John Smith with a record in the NICS database
indicating they are under a Federal firearms disability. Consequently, while the use of
fingerprints as part of a firearms background check will reduce the potential for misidentification
of an individual as being under a Federal firearms disability, it will not completely eliminate such
potential events and subsequent referrals to the ATF.
Therefore, in advance of being subject to a future firearms background check pursuant to an
NRC regulation, security personnel may wish to consider applying to the FBI under the FBIs
Page 5 of 7
VAF program. Individuals applying for entry into the VAF program submit descriptive data and
fingerprint impressions to the FBI which are then examined against the NICS databases to
determine whether they are under a Federal firearms disability. If no prohibitive criteria exist,
the application would be approved and the applicant would be placed in the VAF. These
individuals are issued a unique personal identification number (UPIN). Security officers would
be able to include their UPIN on the proposed NRC Form 754 they would submit if they are
subject to a future firearms background check (under the regulations codifying the authority of
section 161A) and thus would reduce the potential for misidentification and consequent delays
in completing their firearms background check. VAF applicants whose entry into the VAF is
rejected due to the presence of prohibitive criteria will not be automatically referred to ATF.
Additional information on the FBIs VAF program can be found on the FBIs Web site
(Reference 2). Further, an individual who believes they should not be in the NICS database can
appeal to the FBI to correct any inaccurate or incomplete records or provide proof of their
identity.
Licensee, Certificate Holder, and Applicant Obligations on Security Officer Suitability
The NRCs current regulations do not require licensees, certificate holders, or applicants who
use armed security personnel as part of their physical protection system to confirm that their
armed security personnel are not prohibited under 18 U.S.C. § 922(d) from receiving or
possessing firearms or ammunition. However, the ATF has indicated that the statutory
prohibitions of 18 U.S.C. § 922(d) apply to an NRC licensee, certificate holder, or applicant
issuing firearms and ammunition to security personnel for the purposes of performing their
official dutyincluding circumstances where the firearms and ammunition are returned to the
licensee, certificate holder, or applicant at the end of a security officers duty shift.
Consequently, licensees, certificate holders, and applicants who utilize armed security
personnel as part of their NRC-approved physical protection system are prohibited under
18 U.S.C. § 922(d) from issuing any firearms or ammunition to an individual if they know or have
reasonable cause to believe the individual is prohibited from receiving the firearm or ammunition
because a security officer meets one or more of the nine categories listed above.
Accordingly, the NRC recommends that licensees, certificate holders, and applicants with
armed security personnel review their suitability evaluation program and suitability evaluation
records for armed security personnel to specifically evaluate that information against the
disqualifying criteria stipulated under 18 U.S.C. § 922(d). The NRC recommends that licensees,
certificate holders, and applicants use existing background check information and criminal
history records check information (obtained as part of an existing access authorization or
background check program required under the NRCs regulations in 10 CFR Chapter I) in
evaluating whether or not their security personnel could be under a Federal firearms disability.
Additionally, the NRC notes that the only official determination of whether an individual is, or is
not, under a Federal firearms disability is a check of the FBIs NICS, either under the
forthcoming Federal firearms background check specified under section 161A of the AEA or via
a current State law that mandates a State background check for private armed security
personnel which includes as a component a check using the NICS system.
Finally, the NRC recommends that licensees, certificate holders, and applicants discuss the
contents of this RIS with their armed security personnel.
Page 6 of 7
BACKFIT DISCUSSION
This RIS does not impose a regulatory staff position interpreting Commission rules that is either
new or different from a previously applicable staff position, and, therefore, it is not a backfit as
defined by 10 CFR 50.109, 70.76, 72.62, or 76.76. This RIS concerns licensee, certificate
holder, and applicant compliance with statutory obligations under 18 U.S.C. § 922 and with
security personnels voluntary participation in the FBIs VAF program. This RIS requires no
action or response. Consequently, for the reasons described above, the staff did not perform a
backfit analysis.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was not published in the Federal Register
because this RIS is informational. However, the NRC did hold a public meeting on March 14,
2008, at the NRCs headquarters in Rockville, Maryland, with the Nuclear Energy Institute to
discuss the RIS. A draft of the RIS was available prior to and at the meeting for stakeholder
review. Stakeholders provided both oral and subsequent written comments to the NRC staff on
the draft RIS and the staff considered those comments in developing this RIS.
CONGRESSIONAL REVIEW ACT
The NRC has determined that this action is not subject to the Congressional Review Act
(5 U.S.C. §§ 801-808).
PAPERWORK REDUCTION ACT STATEMENT
This RIS discusses existing information collection requirements that are subject to the
Paperwork Reduction Act of 1995 (44 U.S.C. § 3501, et seq.). These information collection
requirements were approved by the Office of Management and Budget (OMB) under control
number 3150-0002. This RIS also discusses proposed information collection requirements that
will be subject to the Paperwork Reduction Act of 1995. However, these information collection
requirements (which are associated with the proposed firearms background checks required by
section 161A and the proposed NRC Form 754) have not been approved by OMB as of the date
of issuance of this RIS.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for
information or an information collection requirement unless the requesting document displays a
currently valid OMB control number.
REFERENCES
1. ATFs Web site on Federal firearms disabilities http://www.atf.gov/firearms/faq/ under the
link to Unlicensed Persons>Prohibited Persons.
2. FBIs Web site on NICS information http://www.fbi.gov/hq/cjisd/nics/index.htm under the
link to NICS Voluntary Appeal File Brochure.
Page 7 of 7
CONTACT
This RIS requires no specific action or written response. If you have any questions on this RIS,
please contact one of the technical contacts listed below.
/RA/
/RA/
Michael J. Case, Director
James E. Lyons, Director
Division of Policy and Rulemaking
Division of Site and Environmental Reviews
Office of Nuclear Reactor Regulation
Office of New Reactors
/RA by SFlanders for/
/RA by JGiitter for/
Larry W. Camper, Director
Robert C. Pierson, Director
Division of Waste Management and
Division of Fuel Cycle Safety and Safeguards
Environmental Protection
Office of Nuclear Material Safety and Safeguards
Office of Federal and State Materials and
Environmental Management Programs
Technical Contacts:
Philip Brochman, NSIR
Bob Beall, NRR
(301) 415-6557
(301) 415-3874
E-mail:Phil.Brochman@nrc.gov
E-mail:Robert.Beall@nrc.gov
(301) 415-3017
(301) 492-3136
E-mail:John.Hickman@nrc.gov
E-mail:Peter.Habighorst@nrc.gov
Anne Marie Paskalis, ATF/GC
(202) 648-7012
E-mail:Annemarie.Paskalis@atf.gov
Enclosures:
1. Federal Firearms Disability Regulations (27 CFR 478.32)
2. List of Issued NMSS/FSME Generic Communications (2007)
Note: A complete listing of recent NRC generic communications may be found on the NRCs
public Web site http://www.nrc.gov under the link to: Electronic Reading Room>Document
Collections.
Page 7 of 7
CONTACT
This RIS requires no specific action or written response. If you have any questions on this RIS, please contact one of
the technical contacts listed below.
/RA/
/RA/
Michael J. Case, Director
James E. Lyons, Director
Division of Policy and Rulemaking
Division of Site and Environmental Reviews
Office of Nuclear Reactor Regulation
Office of New Reactors
/RA by SFlanders for/
/RA by JGiitter for/
Larry W. Camper, Director
Robert C. Pierson, Director
Division of Waste Management and
Division of Fuel Cycle Safety and Safeguards
Environmental Protection
Office of Nuclear Material Safety and Safeguards
Office of Federal and State Materials and
Environmental Management Programs
Technical Contacts:
Philip Brochman, NSIR
Bob Beall, NRR
(301) 415-6557
(301) 415-3874
(301) 415-3017
E-mail: Phil.Brochman@nrc.gov
E-mail: Robert.Beall@nrc.gov E-mail: John.Hickman@nrc.gov
Anne Marie Paskalis, ATF/GC
(301) 492-3136
(202) 648-7012
E-mail: Peter.Habighorst@nrc.gov E-mail: Annemarie.Paskalis@atf.gov
Enclosures:
1.
Federal Firearms Disability Regulations (27 CFR 478.32)
2.
List of Issued NMSS/FSME Generic Communications (2007)
Note: A complete listing of recent NRC generic communications may be found on the NRC public Web site
http://www.nrc.gov under the link to: Electronic Reading Room>Document Collections.
DISTRIBUTION: (NSIR-07-0305)
RidsNsirDsp
RidsNsirOd RidsNsirMailCenter
SUNSI Review performed by: P. Brochman
ADAMS Accession # ML073480158
- See previous concurrence
Non-Public
x Public Sensitive
x Non-Sensitive
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05/13/08
OFFICIAL RECORD COPY
Coordination: The NRC has coordinated this RIS with the general counsel staffs at ATF headquarters and at the FBIs Criminal
Justice Information Services division.
Enclosure 1
Page 1 of 3
Federal Firearms Disability Regulations
Title 27: Alcohol, Tobacco and Firearms
PART 478COMMERCE IN FIREARMS AND AMMUNITION
Subpart CAdministrative and Miscellaneous Provisions
§ 478.32 Prohibited shipment, transportation, possession, or receipt of firearms and
ammunition by certain persons.
(a) No person may ship or transport any firearm or ammunition in interstate or foreign
commerce, or receive any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce, or possess any firearm or ammunition in or affecting commerce,
who:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term
exceeding 1 year,
(2) Is a fugitive from justice,
(3) Is an unlawful user of or addicted to any controlled substance (as defined in section 102
of the Controlled Substances Act, 21 U.S.C. 802),
(4) Has been adjudicated as a mental defective or has been committed to a mental
institution,
(5) Being an alien
(i) Is illegally or unlawfully in the United States; or
(ii) Except as provided in paragraph (f) of this section, is a nonimmigrant alien: Provided,
That the provisions of this paragraph (a)(5)(ii) do not apply to any nonimmigrant alien if
that alien is-
(A) Admitted to the United States for lawful hunting or sporting purposes or is in
possession of a hunting license or permit lawfully issued in the United States;
(B) An official representative of a foreign government who is either accredited to the
United States Government or the Government's mission to an international
organization having its headquarters in the United States or is en route to or from
another country to which that alien is accredited. This exception only applies if the
firearm or ammunition is shipped, transported, possessed, or received in the
representative's official capacity;
(C) An official of a foreign government or a distinguished foreign visitor who has
been so designated by the Department of State. This exception only applies if the
firearm or ammunition is shipped, transported, possessed, or received in the official's
or visitor's official capacity, except if the visitor is a private individual who does not
have an official capacity; or
(D) A foreign law enforcement officer of a friendly foreign government entering the
United States on official law enforcement business,
(6) Has been discharged from the Armed Forces under dishonorable conditions,
(7) Having been a citizen of the United States, has renounced citizenship,
(8) Is subject to a court order that
(i) Was issued after a hearing of which such person received actual notice, and at which
such person had an opportunity to participate;
Enclosure 1
Page 2 of 3
(ii) Restrains such person from harassing, stalking, or threatening an intimate partner of
such person or child of such intimate partner or person, or engaging in other conduct
that would place an intimate partner in reasonable fear of bodily injury to the partner or
child; and
(iii)(A) Includes a finding that such person represents a credible threat to the physical
safety of such intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or threatened use of
physical force against such intimate partner or child that would reasonably be
expected to cause bodily injury, or
(9) Has been convicted of a misdemeanor crime of domestic violence.
(b) No person who is under indictment for a crime punishable by imprisonment for a term
exceeding one year may ship or transport any firearm or ammunition in interstate or foreign
commerce or receive any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(c) Any individual, who to that individual's knowledge and while being employed by any person
described in paragraph (a) of this section, may not in the course of such employment receive,
possess, or transport any firearm or ammunition in commerce or affecting commerce or receive
any firearm or ammunition which has been shipped or transported in interstate or foreign
commerce.
(d) No person may sell or otherwise dispose of any firearm or ammunition to any person
knowing or having reasonable cause to believe that such person:
(1) Is under indictment for, or has been convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year,
(2) Is a fugitive from justice,
(3) Is an unlawful user of or addicted to any controlled substance (as defined in section 102
of the Controlled Substances Act, 21 U.S.C. 802),
(4) Has been adjudicated as a mental defective or has been committed to a mental
institution,
(5) Being an alien
(i) Is illegally or unlawfully in the United States; or
(ii) Except as provided in paragraph (f) of this section, is a nonimmigrant alien: Provided,
That the provisions of this paragraph (d)(5)(ii) do not apply to any nonimmigrant alien if
that alien is-
(A) Admitted to the United States for lawful hunting or sporting purposes or is in
possession of a hunting license or permit lawfully issued in the United States;
(B) An official representative of a foreign government who is either accredited to the
United States Government or the Government's mission to an international
organization having its headquarters in the United States or en route to or from
another country to which that alien is accredited. This exception only applies if the
firearm or ammunition is shipped, transported, possessed, or received in the
representative's official capacity;
(C) An official of a foreign government or a distinguished foreign visitor who has
been so designated by the Department of State. This exception only applies if the
firearm or ammunition is shipped, transported, possessed, or received in the official's
or visitor's official capacity, except if the visitor is a private individual who does not
have an official capacity; or
Enclosure 1
Page 3 of 3
(D) A foreign law enforcement officer of a friendly foreign government entering the
United States on official law enforcement business,
(6) Has been discharged from the Armed Forces under dishonorable conditions,
(7) Having been a citizen of the United States, has renounced citizenship,
(8) Is subject to a court order that restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate partner in reasonable fear of bodily
injury to the partner or child: Provided, That the provisions of this paragraph shall only apply
to a court order that
(i) Was issued after a hearing of which such person received actual notice, and at which
such person had the opportunity to participate; and
(ii)(A) Includes a finding that such person represents a credible threat to the physical
safety of such intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or threatened use of
physical force against such intimate partner or child that would reasonably be
expected to cause bodily injury, or
(9) Has been convicted of a misdemeanor crime of domestic violence.
(e) The actual notice required by paragraphs (a)(8)(i) and (d)(8)(i) of this section is notice
expressly and actually given, and brought home to the party directly, including service of
process personally served on the party and service by mail. Actual notice also includes proof of
facts and circumstances that raise the inference that the party received notice including, but not
limited to, proof that notice was left at the party's dwelling house or usual place of abode with
some person of suitable age and discretion residing therein; or proof that the party signed a
return receipt for a hearing notice which had been mailed to the party. It does not include notice
published in a newspaper.
(f) Pursuant to 18 U.S.C. 922(y)(3), any nonimmigrant alien may receive a waiver from the
prohibition contained in paragraph (a)(5)(ii) of this section, if the Attorney General approves a
petition for the waiver.
[T.D. ATF-270, 53 FR 10493, Mar. 31, 1988, as amended by T.D. ATF-363, 60 FR 17451,
April 6, 1995; T.D. ATF-391, 62 FR 34639, June 27, 1997; T.D. ATF-401, 63 FR 35522,
June 30, 1998; T.D. ATF-471, 67 FR 5425, Feb. 5, 2002]
Enclosure 2
Page 1 of 1
List of Recently Issued FSME Generic Communications
Date
GC No.
Subject
Addressees
10/04/07
Status Update For
Implementation Of NRC
Regulatory Authority for Certain
Naturally-Occurring and
Accelerator-Produced
Radioactive Material
All U.S. Nuclear Regulatory
Commission materials licensees,
radiation control program directors,
State liaison officers, and the NRCs
Advisory Committee on the Medical
Uses of Isotopes.
10/04/07
Date For Operation Of National
Source Tracking System
All licensees authorized to possess
Category 1 or Category 2 quantities of
radioactive materials. All Radiation
Control Program Directors and State
Liaison Officers.
12/05/07
Improving Public Understanding
of the Risks Associated with
Medical Events
All U.S. Nuclear Regulatory
Commission medical use licensees. All
Radiation Control Program Directors,
and State Liaison Officers
12/07/07
Security Requirements for
Portable Gauges
U.S. Nuclear Regulatory Commission
portable gauge licensees and
Agreement State Radiation Control
Program Directors and Liaison Officers
12/14/07
Ensuring Complete and Accurate
Information in the
Documentation of Training and
Experience for Individuals
Seeking Approval as Medical
Authorized Users
All U.S. Nuclear Regulatory
Commission medical use licensees
and NRC master materials licensees.
All Agreement State Radiation Control
Program Directors and State Liaison
Officers
02/01/08
Actions to Increase the Security
of High Activity Radioactive
Sources
All U.S. Nuclear Regulatory
Commission Materials and Master
Materials Licensees. All Agreement
State Radiation Control Program
Directors and State Liaison Officers.
Note: This list contains the six most recently issued generic communications, issued by the Office of
Federal and State Materials and Environmental Management Programs (FSME). A full listing of all
NRC generic communications may be viewed at the NRCs public Web site at the following address:
http://www.nrc.gov/reading-rm/doc-collections/gen-comm/index.html.