SRM-M220127A, Affirmation Session - SECY-18-0058 - Final Rule: Enhanced Weapons, Firearms Background Checks, and Security Event Notifications

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SRM-M220127A: Affirmation Session - SECY-18-0058 - Final Rule: Enhanced Weapons, Firearms Background Checks, and Security Event Notifications
ML22027A386
Person / Time
Issue date: 01/27/2022
From: Annette Vietti-Cook
NRC/SECY
To: Dan Dorman
NRC/SECY
Shared Package
ML22026A406 List:
References
SECY-18-0058, VR-SECY-18-0058 SRM-M220127A
Download: ML22027A386 (2)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 27, 2022 IN RESPONSE, PLEASE REFER TO: M220127A MEMORANDUM FOR: Daniel H. Dorman Executive Director for Operations Annette L. Digitally signed by Annette L. Vietti-Cook FROM: Annette L. Vietti-Cook, Secretary Vietti-Cook Date: 2022.01.27 09:17:28 -05'00'

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION, 8:55 A.M., THURSDAY, JANUARY 27, 2022, VIDEO CONFERENCE MEETING (OPEN TO PUBLIC VIA WEBCAST)

I. SECY-18-0058 - DRAFT FINAL RULEENHANCED WEAPONS, FIREARMS BACKGROUND CHECKS, AND SECURITY EVENT NOTIFICATIONS (RIN-3150-AI49; NRC-2011-0014, NRC-2011-0015, NRC-2011-0017, and NRC-2011-0018)

The Commission 1 has approved a final rule that amends the NRCs security regulations to 0F implement the Commissions authority under Section 161A of the Atomic Energy Act of 1954, as amended; modifies existing requirements for licensee physical security event notifications; and adds new requirements for licensees to report suspicious activities, with the enclosed changes.

The Commission has also certified, under the Regulatory Flexibility Act that this rule will not have significant economic impact on a substantial number of small entities.

Inspectors should focus their oversight on ensuring licensees are trained to recognize and respond to suspicious activity according to their documented programs.

In accordance with the Social Security Fraud Prevention Act of 2017, Pub. Law No. 115 59, 131 Stat. 1152 (42 U.S.C. § 405 note), the NRC adopted regulations in 2020 concerning the use of Social Security account numbers (SSN) sent by mail in 10 CFR Part 9, Subpart E, Social Security Number Fraud Prevention Act Requirements. Under 10 CFR § 9.301(b), a document sent by mail may only include the SSN of an individual if it is determined by the head of the agency that the inclusion of a SSN is necessary. Under 10 CFR § 9.301(c), the inclusion of a SSN is necessary when required by law or necessary to identify a specific individual and no adequate substitute is available.

1 Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a majority vote of the members present.

Chairman Hanson, and Commissioners Baran and Wright participated in the meeting via public webcast.

2 The Chairman, as the head of the agency, has determined that the criteria specified in § 9.301(c)(2) have been met because the inclusion of an individuals full SSN on new NRC Form 754, Armed Security Personnel Firearms Background Check, and the use of Federal Bureau of Investigation Form FD-258, Applicant Fingerprint Form, is necessary to identify a specific individual, and no substitute is available.

Following incorporation of these changes, the Federal Register notice should be reviewed by the Regulatory Analysis and Rulemaking Support Branch in the Office of Nuclear Material Safety and Safeguards and forwarded to the Office of the Secretary for signature and publication.

Enclosure:

As stated cc: Chairman Hanson Commissioner Baran Commissioner Wright EDO OGC CFO OCAA OCA OIG OPA ODs, RAs, ACRS, ASLBP PDR