ML14184A857
| ML14184A857 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 05/28/1991 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Higgins S TREASURY, DEPT. OF |
| Shared Package | |
| ML14184A855 | List: |
| References | |
| NUDOCS 9108140340 | |
| Download: ML14184A857 (2) | |
Text
UNITEDSTATESATTACHMENT UCLEAR REGULATORY COMMISSION ATCMN WASHINGTON, D. C. 20555 Stephen E. Higgins, Director Bureau of Alcohol, Tobacco and Firearms Department of the Treasury Washington, D.C. 20226
Dear Mr. Higgins:
This is to request your assistance in resolving an issue recently brought to the attention of the Nuclear Regulatory Commission (NRC). The issue has arisen from the ban imposed by the Bureau of Alcohol, Tobacco and Firearms (ATF), in 1989, on the importation of semiautomatic assault rifles into this country. We believe the importation ban presents an undue hardship to licensees using such weapons as armament for security force members. Two licensees are s affected.
These licensees operate fuel fabrication facilities designated as Category I (hereafter referred to as Category I licensees).
Federal law mandates that NRC in regulating the domestic commercial nuclear industry, protect the public health and safety. This mandate is achieved, in part, through the issuance of physical security requirements designed to counter specific threats. With respect to Category I licensees, the ultimate objective is protection against theft of special nuclear material that could be used in an improvised nuclear weapon.
Category I licensees are subject to a physical protection philosophy that calls for comparable protection of special nuclear material whether it is in the commercial or government sectors.
Under this philosophy, the level of protection at Category I facilities regulated by NRC (i.e., commercial sites subject to the Importation ban) needs to be comparable to the level of protection at Department of Energy sites using or possessing weapons-usable material (i.e., Federal sites not subject to the importation ban, as we understand).
It is this comparability issue, in part, that has led to the level of protection now implemented at Category I facilities.
Category I licensees &re concerned about not being able to obtain replacement parts for currently held imported weapons and new armament for their future needs.
Converting to domestic models is not considered cost-effective because of equipment replacement costs and time expenditure that would be necessary in training and requalification on assiged weapons. We are told that, in many cases, imported models are preferred over domestic because of their higher quality and relidbility.
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- STEPHEN,
. HIGGINS2 Please be advised that it is not considered appropriate or feasible, from a regulatory standpoint, for NRC to procure the weapons for its licensees.
Accordingly, it is requested that the following NRC licensees be exempted from the ATF ban on importation of semiautomatic assault rifles.
Nuclear Fuel Services, Inc.
Babcock and Wilcox Company ATTN: Jerry C. Stout Naval Nuclear Fuel Division Security Compliance ATTN: James Noel Manager Security Training P. 0. Box 337, MS 123 and Compliance Officer Erwin, TN 37650 P. 0. Box 785 Lynchburg, VA 24505-0785 It is understood that such weapons would be maintained onsite and be subject to the control and exclusive use of qualified members of the security force.
We believe that an ATF decision to grant relief for these two specific NRC licensees is consistent with provisions of the ban and the Gun Control Act of 1968. These provisions help to ensure that individuals charged with protection of the public are appropriately equipped and armed to best perform their duties, yet limit, to the maximum extent, criminal use of such equipment.
I would be pleased to personally discuss this issue with you and can be reached at (301) 492-3352. Robert F. Burnett, Director, Division of Safeguards and Transportation, (301) 492-3365, and Ms. Priscilla A. Dwyer of his staff, (301) 492-0478, are also available to discuss this issue with you or your staff. We appreciate your timely consideration of this request.
Sincerely, ied) Robert M. Berner Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards