ML110100869
| ML110100869 | |
| Person / Time | |
|---|---|
| Issue date: | 01/31/2011 |
| From: | Office of Nuclear Regulatory Research |
| To: | |
| Carpenter R., RES/DE/RGDB 301-251-7483 | |
| References | |
| DG-5020 | |
| Download: ML110100869 (2) | |
Text
REGULATORY ANALYSIS DRAFT REGULATORY GUIDE DG-5020 APPLYING FOR ENHANCED-WEAPONS AUTHORITY, APPLYING FOR PREEMPTION AUTHORITY, AND PERFORMING FIREARMS BACKGROUND CHECKS UNDER 10 CFR PART 73 (Proposed New Regulatory Guide)
Statement of the Problem This is a new regulatory guide that provides information to licensees, certificate holders, and their security personnel on the implementation of the new regulations (10 CFR 73.18 and 10 CFR 73.19) issued by the NRC to carry out the provisions of Section 161A of the AEA (42 U.S.C. 2201a).
Section 161A provides two new forms of authority: combined enhanced-weapons authority and preemption authority and stand-alone preemption authority to increase a licensees or certificate holders defensive capabilities. Application for these new authorities is voluntary. Secondly, Section 161A provides a new requirement for a firearms background check for the security personnel of certain licensees and certificate holders. The purpose of the firearms background check is to verify that these security personnel are not disqualified under Federal or State law from possessing firearms or ammunition.
The NRC prepared a draft regulatory analysis on the proposed rule published on October 26, 2006. The analysis examined the costs and benefits of the alternatives considered by the NRC. The NRC had requested public comments on the draft regulatory analysis.Section VIII of the October 2006 proposed rule provided information on obtaining the draft regulatory analysis. Because of changes in the firearms guidelines, the NRC issued a revised proposed rule that included an updated regulatory analysis 1
Objective The objective of this regulatory action is to issue a new regulatory guide supporting the proposed new NRC regulations in 10 CFR 73.18 and 10 CFR 73.19.
Alternative Approaches The NRC staff considered the following alternative approaches:
- 1. Do not issue a new Regulatory Guide.
- 2. Issue a new Regulatory Guide.
Alternative 1: Do Not Issue a New Regulatory Guide Under this alternative, the NRC would not issue a new regulatory guide to support the implementation of new regulations in 10 CFR 73.18 and 10 CFR 73.19. The NRC is issuing these new regulations to comply with the statutory mandate in Section 161A of the AEA. This alternative is considered the baseline or no action alternative. The impact of this alternative is that licensees, 1
76 FR xxxx, 10 CFR Part 73, Proposed RuleEnhanced Weapons, Firearms Background Checks, and Security Event Notifications, Federal Register, Volume 76, Number xxx, pages xxxxx-xxxxx, Date, 2011, Washington, DC.
Page 2 certificate holders, and their security personnel would lose the benefit of the staffs perspectives and guidance on acceptable solutions to implementing these new and complex regulations.
Alternative 2: Issue a New Regulatory Guide Under this alternative, the NRC would issue a new regulatory guide to support the implementation of new regulations in 10 CFR 73.18 and 10 CFR 73.19. The NRC is issuing these new regulations to implement the new authority in Section 161A of the AEA.
The NRC has developed an updated regulatory analysis that was incorporated into the notice of proposed rulemaking published in the Federal Register.1 This updated regulatory analysis contains the NRCs evaluations of the costs and benefits for licensees, certificate holders, and their security personnel to implement the new requirements of Section 161A of the AEA.
Conclusion Based on this regulatory analysis, the staff recommends that the NRC issue a new regulatory guide. The staff concludes that the proposed action will enhance security at nuclear power reactor and Category I SSNM facilities by providing guidance on the process for obtaining enhanced weapons or preemption authority. The proposed action will also support the statutory mandate of performing firearms background checks on security personnel whose official duties include the protection of Commission-designated facilities, radioactive material, and other property.