VR-COMSECY-18-0012, Proposed Revision to the Firearms Guidelines
| ML18296A181 | |
| Person / Time | |
|---|---|
| Issue date: | 09/04/2018 |
| From: | Commissioners NRC/OCM |
| To: | Annette Vietti-Cook NRC/SECY |
| References | |
| COMSECY-18-0012 | |
| Download: ML18296A181 (19) | |
Text
RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: CHAIRMAN SVINICKI
SUBJECT:
COMSECY-18-0012: PROPOSED REVISION TO THE FIREARMS GUIDELINES Approved XX Disapproved_ Abstain_ Not Participating_
Comments: Below XX Attached XX None I approve the staff's proposed revision to the Firearms Guidelines removing the 45-day appeal deadline and extension request provisions and approve the submittal of the Firearms Guidelines, in this revised form , to the Attorney General for his approval. Should the Attorney General grant his approval of the Firearms Guidelines without significant further change , I approve publication of the Firearms Guidelines in the Federal Register, via the draft notice (Enclosure 3 to COMSECY-18-0012) , as edited in the attached version.
sl; NATURE Er,zv/18 DATE Entered on "STARS" Yes ~ o_
Federal Register Notice announcing publication of Revision 2 of the Firearms Guidelines
[7590-01 -P]
KLS Edits NUCLEAR REGULATORY COMMISSION
[N RC-2008-0465]
Revision of Guidelines on Use of Firearms by Security Personnel AGENCY: Nuclear Regulatory Commission.
ACTION: Firearms guidelines; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing, with the approval of the U.S. Attorney General, revised guidelines on the use of weapons by the security personnel of licensees and certificate holders whose official duties include the protection of NRG-regulateddesignated facilities, certain radioactive material, or other property owned or operated by an NRC licensee or certificate holder, or radioactive material or other property that is being transported to or from a facility owned or operated by such a licensee or certificate holder. The revised guidelines are entitled "Guidelines on the Use of Firearms by Security Personnel in Protecting U.S. NRG-Regulated Facilities, Radioactive Material , and Other Property, Revision 2." The NRC first issued firearms guidelines on September 11, 2009.
DATES: The revised Firearms Guidelines are effective on [insert date of publication in the Federal Register] .
Enclosure 3
ADDRESSES: Please refer to Docket ID NRG-2008-0465 when contacting the NRG about the availability of information regarding this document. You may access publicly available information related to this action by the following methods:
- Federal Rulemaking Web site: Go to http://www.regulations .gov and search for Docket ID NRG-2008-0465. Address questions about NRG dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRC's Agencywide Documents Access and Management System (ADAMS):
You may access publicly available documents online in the NRG Library at http://www.nrc.gov/reading-rm/adams.htmL To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search". For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
- NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Norman St. Amour, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-287-9129, e-mail Norman.StAmour@nrc.gov.
SUPPLEMENTARY INFORMATION:
Section 161A of the Atomic Energy Act of 1954, as amended (AEA), "Use of Firearms by Security Personnel," (42 U.S. G. 2201 a) provides statutory authority for the Commission to 2
authorize the security personnel of an NRC licensee to transfer, receive, possess, transport, import, and use certain firearms, weapons , ammunition, and devices notwithstanding State, local, and certain Federal firearms laws that prohibit such actions. Section 161 A of the AEA took effect on September 11, 2009, when the Commission issued the original Firearms Guidelines (7 4 FR 46800).
This revision to the Firearms Guidelines removes from the guidelines the 45-day deadline for appealing a delayed or denied firearms background check response from the Federal Bureau of Investigation (FBI) and the process for requesting an extension of that deadline. These appeal provisions applied to those licensee security personnel who receive a delayed or denied firearms background check response from the FBI. The Commission determined that it lacked the regulatory authority to impose this deadline and extension request process on licensee security personnel because the appeal deadline and associated extension request process do not have a nexus to radiological health and safety or the common defense and security. Removal of these appeal deadline provisions will not have an adverse impact on licensee security personnel because the existing FBI procedures to appeal a delayed or denied firearms background check response remain unaffected by this change. The FBl's appeal process does not contain any appeal deadline. This revision also makes minor editorial and conforming changes to the Firearms Guidelines. These minor changes serve to eliminate any confusion regarding the appeals process; the guidelines will continue to include a reference to the FBl 's appeals process.
The revision to the Firearm Guidelines consists of two specific changes . First, the ninth paragraph under Section 6 1 "Firearms Background Checks" is amended to eliminate the 45-day appeal deadline, the associated extension request process, and information regarding appeals 3
that is better addressed in guidance. Second, the indentation of "Satisfactory firearms background check" in Section 8 1 Definitions" is corrected.
The U.S. Attorney General approved this revision to the Firearms Guidelines by letter dated Month, Day, YYYY (ADAMS Accession No. MLXXXXXXXXX). The Commission approved and authorized publication of the revised Firearms Guidelines in the Federal Register on Month, Day, YYYY. The revised Firearms Guidelines are included as an attachment to this document.
Dated at Rockville, Maryland, this _ _ _ day of_ _ _ _ _ , 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission 4
RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Baran
SUBJECT:
COMSECY-18-0012: Proposed Revision to the Firearms Guidelines Approved X Disapproved - - Abstain --
Not Participating COMMENTS: Below X Attached X None I agree with the NRC staff that there is no safety or security need to place a 45-day deadline on a licensee security employee's ability to appeal a "denied" National Instant Criminal Background Check System response . Therefore, I approve revising the Firearms Guidelines to remove the 45-day appeal deadline and associated extension request provisions. I also approve the staff submitting the revised Firearms Guidelines to the Department of Justice (DOJ) for the Attorney General's approval. At a staff level, DOJ has indicated that it has no objection to the proposed revisions . If the Attorney General approves the proposed revisions with no significant changes, I approve publication of the draft Federal Register notice issuing the revised Firearms Guidelines, subject to the attached edits.
Entered in "STARS" Yes X No DATE
Federal Register Notice announcing publication of Revision 2 of the t-irearms Guidelines
[7590-01-P]
JMB edits NUCLEAR REGULATORY COMMISSION
[NRC-2008-0465]
Revision of Guidelines on Use of Firearms by Security Personnel AGENCY: Nuclear Regulatory Commission.
ACTION: Firearms guidelines; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing, with the approval of the U.S. Attorney General, revised guidelines on the use of weapons by the security personnel of licensees whose official duties include the protection of NRG-regulated facilities, radioactive material , or other property. The revised guidelines are entitled "Guidelines on the Use of Firearms by Security Personnel in Protecting U.S. NRG-Regulated Facilities, Radioactive Material, and Other Property, Revision 2." The NRC first issued firearms guidelines on September 11, 2009.
DATES: The revised Firearms Guidelines are effective on [insert date of publication in the Federal Register].
Enclosure 3
authorize the security personnel of an NRC licensee to transfer, receive , possess, transport, import, and use certain firearms, weapons , ammunition, and devices notwithstanding State, local, and certain Federal firearms laws that prohibit such actions. Section 161A of the AEA took effect on September 11, 2009, when the Commission issued the original Firearms Guidelines (74 FR 46800).
This revision to the Firearms Guidelines removes from the guidelines the 45-day deadline for appealing a delayed or denied firearms background check response from the Federal Bureau of Investigation (FBI) and the process for requesting an extension of that deadline. These appeal provisions applied to those licensee security personnel who receive a delayed or denied firearms background check response from the FBI. The Commission determined that the appeal deadline and associated extension request process do not have a nexus to radiological health and safety or the common defense and securityit lacked the regulatory authority to impose this deadline and extension request process on licensee security personnel. Removal of these appeal deadline provisions will not have an adverse impact on licensee security personnel because the existing FBI procedures to appeal a delayed or denied firearms background check response remain unaffected by this change. The FBl 's appeal process does not contain any appeal deadline. This revision also makes minor editorial and conforming changes to the Firearms Guidelines. These minor changes serve to eliminate any confusion regarding the appeals process; the guidelines will continue to include a reference to the FBl 's appeals process.
This revision to the Firearm Guidelines consists of two specific changes. First, the ninth paragraph under Section 5, "Firearms Background Checks." is amended to eliminate the 45-day 3
appeal deadline and associated extension request process. Second, the indentation of "Satisfactory firearms background check" in Section 8, "Definitions." is corrected .
The U.S. Attorney General approved this revision to the Firearms Guidelines by letter dated Month , Day, YYYY (ADAMS Accession No. MLXXXXXXXXX). The Comm ission approved and authorized publication of the revised Firearms Guidelines in the Federal Register on Month, Day, YYYY. The revised Firearms Guidelines are included as an attachment to this document.
Dated at Rockville, Maryland , this _ _ _ day of_ _ _ _ _ , 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission 4
RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Burns
SUBJECT:
COMSECY-18-0012: Proposed Revision to the Firearms Guidelines Approved X Disapproved _ Abstain _ Not Participating _
Comments: Below X Attached None I approve the NRC staff's draft revision to the Firearms Guidelines and staff's recommendation to submit the revision to the Department of Justice for the Attorney General's approval. I also approve publication of the revised Firearm Guidelines in the Federal Register if the Attorney General approves the revision with no significant changes.
Entered io-STARS Yes \ / . ~ GNATURE No- - - - August 2018 DATE
RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Annie Caputo
SUBJECT:
COMSECY-18-0012: Proposed Revision to the Firearms Guidelines Approved _X_ Disapproved_ Abstain_ Not Participating_
Comments: Below Attached None Approved subject to the attached edits.
Entered in STARS Yes X- -
No- - -
Federal Register Notice announcing publication of Revision 2 of the Firearms Guidelines AC Edits [7590-01 -P]
NUCLEAR REGULATORY COMMISSION
[NRC-2008-0465]
Revision of Guidelines on Use of Firearms by Security Personnel AGENCY: Nuclear Regulatory Commission.
ACTION: Firearms guidelines; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing, with the approval of the U.S. Attorney General, revised guidelines on the use of weapons by the security personnel of licensees and certificate holders whose official duties include the protection of NRG-regulatoddesignated facilities , certain radioactive material, or other property owned or operated by an NRC licensee or certificate holder, or radioactive material or other property that is being transported to or from a facility owned or operated by such a licensee or certificate holder. The revised guidelines are entitled "Guidelines on the Use of Firearms by Security Personnel in Protecting U.S. NRG-Regulated Facilities, Radioactive Material , and Other Property, Revision
- 2. " The NRC first issued firearms guidelines on September 11, 2009.
DATES: The revised Firearms Guidelines are effective on [insert date of publication in the Federal Register].
Enclosure 3
ADDRESSES: Please refer to Docket ID NRC-2008-0465 when contacting the NRC about the availability of information regarding this document. You may access publicly available information related to this action by the following methods:
- Federal Rulemaking Web site: Go to http://www.regulations .gov and search for Docket ID NRC-2008-0465. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRC's Agencywide Documents Access and Management System (ADAMS):
You may access publicly available documents online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. To begin the search , select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search". For problems with ADAMS ,
please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
- NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room 01-F21 , One White Flint North , 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Norman St. Amour, Office of the General Counsel, U.S . Nuclear Regulatory Commission, Washington , DC 20555-0001 , telephone 301-287-9129, e-mail Norman.StAmour@nrc.gov.
SUPPLEMENTARY INFORMATION:
Section 161A of the Atomic Energy Act of 1954, as amended (AEA), "Use of Firearms by Security Personnel ," (42 U.S.C. 2201a) provides statutory authority for the Commission to 2
authorize the security personnel of an NRC licensee or certificate holder to transfer, receive, possess, transport, import, and use certain firearms, weapons, ammunition, and devices notwithstanding State, local, and certain Federal firearms laws that prohibit such actions.
Section 161A of the AEA took effect on September 11, 2009, when the Commission issued the original Firearms Guidelines (7 4 FR 46800).
This revision to the Firearms Guidelines removes from the guidelines the 45-day deadline for appealing a delayed or denied firearms background check response from the Federal Bureau of Investigation (FBI) and the process for requesting an extension of that deadline. These appeal provisions applied to those licensee or certificate holder security personnel who receive a delayed or denied firearms background check response from the FBI.
The Commission determined that it lacked the regulatory authority to impose this deadline and extension request process on licensee or certificate holder security personnel because the appeal deadline and associated extension request process do not have a nexus to radiological health and safety or the common defense and security. Removal of these appeal deadline provisions will not have an adverse impact on licensee or certificate holder security personnel because the existing FBI procedures to appeal a delayed or denied firearms background check response remain unaffected by this change .
This revision to the Firearm Guidelines consists of two specific changes. First, the ninth paragraph under Section 6, "Firearms Background Checks" is amended to eliminate the 45-day appeal deadline, the associated extension request process, and information regarding appeals that is better addressed in guidance. Second, the indentation of "Satisfactory firearms background check" in Section 8, "Definitions" is corrected .
3
The FBl's appeal process does not contain any appeal deadline. This revision also makes minor editorial and conforming changes to the Firearms Guidelines. These minor changes serve to eliminate any confusion regarding the appeals process; the guidelines will continue to include a reference to the FBl's appeals process.
The U.S. Attorney General approved this revision to the Firearms Guidelines by letter dated Month, Day, YYYY (ADAMS Accession No. MLXXXXXXXXX). The Commission approved and authorized publication of the revised Firearms Guidelines in the Federal Register on Month, Day, YYYY. The revised Firearms Guidelines are included as an attachment to this document.
Dated at Rockville, Maryland , this _ _ _ day of_ _ _ _ _ , 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission 4
RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Wright
SUBJECT:
COMSECY-18-0012: Proposed Revision to the Firearms Guidelines Approved _x_ Disapproved _ Abstain _ Not Participating_
Comments: Below -- X Attached -- X None I approve the Office of the General Counsel's (OGC) proposed revisions to the Firearms Guidelines and OGC's request to submit the revised Firearms Guidelines to the U.S.
Department of Justice (DOJ) to obtain the required concurrence of the United States Attorney General. I appreciate OGC's coordination with DOJ and the Federal Bureau of Investigation's Criminal Justice Information Service on this matter. If the Attorney General approves the proposed revisions with no significant changes, I approve publication of the draft Federal Register notice issuing the revised Firearms Guidelines, subject to the attached edits.
Entered i TARS 1
DATE '
Federal Register Notice announcing publication of Revision 2 of the Firearms Guidelines
[7590-01-P]
DAW edits NUCLEAR REGULATORY COMMISSION
[N RC-2008-0465]
Revision of Guidelines on Use of Firearms by Security Personnel AGENCY: Nuclear Regulatory Commission.
ACTION: Firearms guidelines; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing, with the approval of the U.S. Attorney General, revised guidelines on the use of weapons by the security personnel of licensees and certificate holders whose official duties include the protection of NRC-regulated facilities, radioactive material, or other property. The revised guidelines are entitled "Guidelines on the Use of Firearms by Security Personnel in Protecting U.S. NRC-Regulated Facilities, Radioactive Material, and Other Property, Revision 2." The NRC first issued firearms guidelines on September 11, 2009.
DATES: The revised Firearms Guidelines are effective on [insert date of publication in the Federal Register] .
Enclosure 3
authorize the security personnel of an NRC licensee or certificate holder to transfer, receive ,
possess, transport, import, and use certain firearms, weapons, ammunition, aru:1--QLdevices notwithstanding State, local, and certain Federal firearms laws that prohibit such actions.
Section 161 A of the AEA took effect on September 11, 2009, when the Commission issued the original Firearms Guidelines (7 4 FR 46800).
This revision to the Firearms Guidelines removes from the guidelines the 45-day deadline for appealing a delayed or denied firearms background check response from the Federal Bureau of Investigation (FBI) and the process for requesting an extension of that deadline. These appeal provisions applied to those licensee security personnel who receive a delayed or denied firearms background check response from the FBI. The Commission determined that it lacked the regulatory authority to impose this deadline and extension request process on licensee security personnel because the deadline and extension request process have no nexus to radiological health and safety or the common defense and security. Removal of these appeal deadline provisions will not have an adverse impact on licensee security personnel because the existing FBI procedures to appeal a delayed or denied firearms background check response remain unaffected by this change. The FBl's appeal process does not contain any appeal deadline. This revision also makes minor editorial and conforming changes to the Firearms Guidelines. These minor changes serve to eliminate any confusion regarding the appeals process; the guidelines will continue to include a reference to the FBl's appeals process.
This revision to the Firearms Guidelines consists of two specific changes . First. the ninth paragraph under Section 5, "Firearms Background Checks. " is amended to eliminate the 3
45-day appeal deadline and associated extension request process. Second, the indentation of "Satisfactory firearms background check in Section 81 "Definitions." is corrected.
The U.S. Attorney General approved this revision to the Firearms Guidelines by letter dated Month, Day, YYYY (ADAMS Accession No. MLXXXXXXXXX). The Commission approved and authorized publication of the revised Firearms Guidelines in the Federal Register on Month, Day, YYYY. The revised Firearms Guidelines are included as an attachment to this document.
Dated at Rockville, Maryland, this _ _ _ day of_ _ _ _ _ , 2018.
For the Nuclear Regulatory Commission .
Annette L. Vietti-Cook, Secretary of the Commission 4