In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.
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36 Months From Approved
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SUPPLEMENTAL PROPOSED RULE for 10 CFR Part 73, Enhanced Weapons, Firearms Background Checks, and Security Event Notifications
The NRC is proposing to amend the current security regulations and add new security requirements pertaining to nuclear power reactors and Category I Strategic Special Nuclear Material (SSNM) facilities for access to enhanced weapons and firearms background checks. The proposed NRC Form 754 collects the information required to perform the necessary firearms background checks. The background check uses the person's fingerprints and other identifying information and is performed under the Federal Bureau of Investigation's National Instant Criminal Background Check System to determine if an individual is prohibited under Federal or State law from possessing or receiving firearms. Licensees would submit NRC Form 754 for all security personnel protecting Commission designated facilities, radioactive material, or other property whose duties require them to have access to these weapons.
The Enhanced Weapons, Firearms Background Checks and Security Event Notifications (hereafter referred to as Enhanced Weapons) proposed rule was published in the Federal Register on February 3, 2011 (76 FR 6199), and supplemented the rule on January 10, 2013 (78 FR 2214). The NRC is issuing a second supplemental proposed rule to modify the firearms background check requirements from the proposed rule as published and supplemented in the Federal Register. This supplemental proposed rule is being issued to incorporate changes in the Firearms Guidelines Revision 1, which are updated guidelines developed jointly by the NRC and the Department of Justice about the implementation of new preemption and enhanced weapons authorities for the NRC under Section 161A, âUse of Firearms by Security Personnelâ (42 U.S.C. 2201a), of the Atomic Energy Act of 1954, as amended (the AEA). The information collection requirements previously issued have been updated as described in this supporting statement.
NOTE: Burden hours for this supplemental proposed rule have been entered under clearance numbers 3150-0204 (NRC Form 754) and 3150-0002 (10 CFR Part 73). ALL Federal Government costs for the rule have been entered under 3150-0002, Part 73.
Initially, the implementation of the enhanced weapons rule would result in a burden increase of 47,636 hours because of the requirement that licensees apply for stand-alone preemption authority and enhanced weapons authority and submit the information for background checks for current security staff. After the initial implementation period, the annual burden would fall to 33,623 hours for requirements including recurring background checks and security event notifications. Therefore, the proposed burden increase will be reduced by approximately 30 percent once the one time requirements have been completed. Note that this supplemental proposed rule will reduce the burden as compared to the initial proposed rule by changing the requirements for firearms background checks such that fewer regulated entities will conduct the checks.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form NRC Form 754 NRC Form 754, Armed Security Personnel Firearms Background Check
Enhanced Weapons BURDEN TABLE for supplemental proposed rule.xlsx
Draft Regulatory Guide Rev1.pdf
SS for enhanced weapons supplemental proposed rule.docx
NRC Form 754, Armed Security Personnel Firearms Background Check