ML22045A479

Rulemaking: Final Rule: Congressional Review Act Summary for Enhanced Weapons, Firearms Background Checks, and Security Event Notifications

ML22045A479
Person / Time
Issue date:	07/29/2022
From:	Office of Nuclear Material Safety and Safeguards
To:
Barillas, Martha
References
NRC-2011-0014, NRC-2011-0015, NRC-2011-0017, NRC-2011-0018, RIN 3150-AI49
Download: ML22045A479 (3)

Text

Congressional Review Act Summary AGENCY: U.S. Nuclear Regulatory Commission TITLE OF ACTION: Enhanced Weapons, Firearms Background Checks, and Security Event Notifications TYPE OF ACTION: Final Rule LEVEL OF SIGNIFICANCE: Non-Major AGENCY IDENTIFICATION: 3150 RIN AND/OR DOCKET ID: RIN 3150-AI49 / NRC-2011-0014, NRC-2011-0015, NRC-2011-0017, and NRC-2011-0018 DATE OF ISSUANCE: July 2022 STATUTORY OR JUDICIAL DEADLINE: N/A DESCRIPTION OF ACTION:

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to permit NRC licensees to apply for stand-alone preemption authority or combined preemption authority and enhanced weapons authority, and to facilitate the conduct of associated firearms background checks. Stand-alone preemption authority allows regulated entities to possess and use weapons that would otherwise be prohibited by State, local, and certain Federal firearms laws.

Combined preemption authority and enhanced weapons authority allows a regulated entity to possess and use a certain category of covered weapon called an enhanced weapon. The amended regulations implement the NRCs authority in Section 161A of the Atomic Energy Act of 1954, as amended (AEA), which authorizes the Commission to designate those classes of licensees permitted to use firearms, weapons, ammunition, or devices, notwithstanding local, State, and certain Federal firearms laws and regulations prohibiting such use. This part of the final rule applies to nuclear power reactors, Category I strategic special nuclear material (SSNM) facilities, independent spent fuel storage installations, and the transportation of spent nuclear fuel. Part 2 revises the requirements for physical security event notifications and adds two new notification requirements associated with imminent or actual hostile acts and possession of enhanced weapons. Additionally, Part 2 simplifies and reorganizes existing physical security event notification requirements into several timeliness categories . These requirements apply to production or utilization facilities licensed under §§ 50.21 or 50.22; facilities that possess Category I, II, or III quantities of SSNM; facilities that possess Category II or III quantities of SNM; hot cell facilities subject to 10 CFR 73.50; ISFSIs; monitored retrievable storage installations; and geologic repository operations areas (GROAs). The physical security event notification requirements also apply to the transportation of Category I, II, or III quantities of SSNM, Category II or III quantities of SNM, spent nuclear fuel, and high-level radioactive

waste. This final rule also separates the physical security event notification requirements, written follow-up reports, and recordable security events into separate regulations to improve regulatory clarity and ease of use, and to improve the quality of information provided to the NRC. Part 3 adds requirements for reporting suspicious activities to law enforcement agencies and the NRC. These new suspicious activity reporting requirements apply to: production or utilization facilities licensed under § 50.21 or § 50.22 (including both operating and decommissioning power reactors and non-power reactors); fuel cycle facilities that possess a Category I quantity of SSNM; enrichment facilities that possess Category II or III quantities of SNM and use Restricted Data materials, technology, and information in the enrichment process; hot cell facilities subject to 10 CFR 73.50; ISFSIs; monitored retrievable storage installations; and GROAs. These new suspicious activity reporting requirements also apply to licensees shipping SNF and Category I quantities of SSNM.

ANALYSIS:

• Is there an annual effect on the economy of $100 million or more?

No, there will not be an annual effect on the economy of $100 million or more. Rather, this final rule would provide for enhanced public safety and security resulting from increased defensive capability at regulated entities to interdict and neutralize an attack or potentially to deter an attack for a relatively low cost.

The NRC evaluated the benefits and costs associated with the new requirements and the development of, or modifications to, NRC guidance:

Benefits This action will result in enhanced public safety and security resulting from increased defensive capability at regulated entities to interdict and neutralize an attack or potentially to deter an attack for those entities that opt to employ these voluntary authorities. Also, the final rule implements the mandates of Section 161A of the AEA. Additionally, the physical security event notification regulations clarify the regulatory requirements and increase the flexibility of industry, NRC, and other governmental agency response to security events.

Costs The NRC concluded that the final rule would result in an estimated cost of between

$2.85 million at a 7-percent discount rate and $3.07 million at a 3-percent discount rate.

These costs are associated with industry implementation and operation and NRC implementation and operation.

• Is there a major increase (typically 10% - 20%) in costs for consumers, individual industries, Federal, State, or local government agencies, or to geographical regions?

No, there is no major increase in costs for consumers, individual industries, Federal, State, or local government agencies, or geographical regions as a result of this rule.

• Is there a significant adverse effect on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets?

The NRC is not aware of any significant adverse effects that this rule would have on competition, employment, investment, productivity, innovation, or on the ability of U.S. based enterprises to compete with foreign-based enterprises in domestic and export markets.

SUMMARY

The NRC believes that this final rule is a non-major rule as defined under the Congressional Review Act.

AGENCY CONTACT: Angella Love Blair Office of Nuclear Material Safety and Safeguards 301-415-3433 E-mail: Angella.LoveBlair@nrc.gov