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 re gulations to permit NRC licensees to apply for stand-alone preemption authority or comb ined preemption authority and enhanced weapons authority, and to facilitate the conduct of as sociated firearms background checks. Stand-alone preemption authority allows regulated enti ties 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 al lows 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 16 1A of the Atomic Energy Act of 1954, as amended (AEA), which authorizes the Commission to d esignate those classes of licensees permitted to use firearms, weapons, ammunition, or de vices, notwithstanding local, State, and certain Federal firearms laws and regulations prohib iting such use. This part of the final rule applies to nuclear power reactors, Category I strate gic special nuclear material (SSNM) facilities, independent spent fuel storage installations, and the transportation of spent nuclear fuel. Part 2 revises the requirements for physical sec urity event notifications and adds two new notification requirements associated with imminent or a ctual hostile acts and possession of enhanced weapons. Additionally, Part 2 simplifie s and reorganizes existing physical security event notification requirements into several timeliness categories. These requirements apply to production or utilization facilities lice nsed under §§ 50.21 or 50.22; facilities that possess Category I, II, or III quantities of SS NM; 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 transportatio n of Category I, II, or III quantities of SSNM, Category II or III quantities of SNM, spent nuclear fu el, and high-level radioactive waste. This final rule also separates the physical security ev ent 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 activit ies to law enforcement agencies and the NRC. These new suspicious activity reporting requireme nts apply to: production or utilization facilities licensed under § 50.21 or § 50.22 (inclu ding both operating and decommissioning power reactors and non-power reactors); fuel cy cle 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 informat ion 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 requirement s 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 mor e?

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

The NRC evaluated the benefits and costs associated with the ne w 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 neu tralize an attack or potentially to deter an attack for those entities that opt to employ these vol untary 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 res ponse to security events.

Costs The NRC concluded that the final rule would result in an estima ted 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 ope ration and NRC implementation and operation.

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

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

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

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

SUMMARY

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

AGENCY CONTACT: Angella Love Blair OfficeofNuclearMaterialSafety and Safeguards 301-415-3433 E-mail: Angella.LoveBlair@nrc.gov