July 9, 2015 

MEMORANDUM TO: Mark A. Satorius 

 Executive Director for Operations 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – SECY-15-0036 – SUPPLEMENTAL 

PROPOSED RULE: ENHANCED WEAPONS, FIREARMS 

BACKGROUND CHECKS, AND SECURITY EVENT 

NOTIFICATIONS (10 CFR PART 73; RIN-3150-AI49) 

The Commission has approved publication of the supplemental proposed rule in the Federal 

Register, subject to the attached edits, and has certified that this supplemental proposed rule, if 

issued in final form, would not have a significant economic impact on a substantial number of 

small entities. 

Conforming changes should be made to the Federal Register notice, Regulatory Analysis, and 

associated guidance documents to reflect edits in the enclosure. 

The staff should consider whether additional clarifications are needed in guidance on the point 

in paragraph (e)(3)(iii) on page 44. 

Enclosure: Changes to the Federal Register Notice in SECY-15-0036 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 OGC 

 CFO 

 OCA 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR 

 
Enclosure 

Changes to the Federal Register notice in SECY-15-0036 

1. On pages 6 through 9, under “Background,” replace the Roman numeral section numbers 

with capital letters. 

2. On page 6, 1st full paragraph, revise line 7 to read ‘ ... these actions (preemption authority). 

Additionally, Section 161A authorized the Commission to permit the security personnel 

of licensees and certificate holders to obtain enhanced weapons, such as machine guns, 

short-barreled shotguns, and short-barreled rifles (enhanced weapons). 

3. On page 8, 1st full paragraph, revise line 2 to read ‘ ... facilities (i.e., this would include

including both operating and decommissioning power reactors) ....’ 

4. On page 8, last paragraph, revise line 3 to read ‘ ... (76 FR 6200;), ....’ 

5. On page 8, last paragraph, delete the comma in line 5. 

6. On page 9, last paragraph, revise line 2 to read ‘ ... at-reactor ISFSIs facilities as ....’ 

7. On page 11, 2nd full paragraph, revise line 7 to read ‘ ... “standard weapon,” and ....’ 

8. On page 11, 2nd full paragraph, revise line 8 to read ‘ ... definitions of “covered weapons” 

and “enhanced weapons.” There ....’ 

9. On page 11, 3rd line from the bottom, delete the comma after “proposed rule,” 

10. On page 12, 6th bullet, revise line 2 to read ‘ ... requirements for completing firearms 

background checks specified ....’ 

11. On page 12, 6th bullet, revise line 3 to read ‘ ... of the proposed required 30-day ....’ 

12. On page 12, 7th bullet, revise line 2 to read ‘ ... definitions of “covered weapon” and 

“enhanced weapon,” per ....’ 

13. On page 12, last bullet, revise lines 1 and 2 to read ‘ ... definitions of “combined enhanced 

weapons authority and preemption authority,” “covered weapons,” and “stand-alone 

preemption authority” as ....’ 

14. On page 13, 2nd full paragraph, revise line 4 to read ‘ ... developing these confirmatory ....’ 

15. On page 13, 2nd full paragraph, revise line 4 to read ‘ ... orders for to those ....’ 

16. On page 13, 2nd full paragraph, revise line 5 to read ‘ ... authority, and comments received 

in response to prior versions of this proposed rule. Furthermore, to ....’ 

17. On page 13, 2nd full paragraph, revise lines 5 and 6 to read ‘ ... also make equivalent

corresponding ....’ 

18. On page 14, 1st full paragraph, revise line 1 to read ‘ ... Commission’s would rescind its 

designation ....’ 
19. On page 14, 1st full paragraph, revise line 2 to read ‘ ... final rule would end once ....’ 

20. On page 14, 1st full paragraph, delete the sentence in lines 4 through 6 (After the final ... 

orders.) 

21. On page 14, before the last paragraph, insert a new heading as follows: Public 

Comments. 

22. On page 15, last paragraph, revise line 6 to read ‘ ... their its purpose and reasons for 

requesting this authority, and a description of their its Firearms ....’ 

23. On page 15, last paragraph, revise line 6 to read ‘ ... purposes and objectives reasons for 

....’ 

24. On page 15, last paragraph, revise line 9 to read ‘ ... personnel, whose official duties 

require access to covered weapons, of ....’ 

25. On page 15, last paragraph, revise line 10 to read ‘ ... authority, and ....’ 

26. On page 15, last paragraph, revise line 10 to read ‘ ... authority, and whose official duties 

require access to covered weapons. Licensees ....’ 

27. On page 16, revise line 1 from the top to read ‘ ... writing, and ....’ 

28. On page 16, 1st full paragraph, revise line 6 to read ‘ ... meet their its applicable ....’ 

29. On page 16, 3rd full paragraph, revise line 1 to read ‘ ... holders must cannot commence 

firearms background checks until only after ....’ 

30. On page 16, last paragraph, revise line 2 to read ‘ ... who so choose ....’ 

31. On page 16, last paragraph, line 3, delete the hyphen in “enhanced-weapons.” 

32. On page 16, last paragraph, revise line 5 to read ‘ ... authority, their its purpose ....’ 

33. On page 16, last paragraph, revise lines 5 and 6 to read ‘ ... purposes and reasons

objectives for ....’ 

34. On page 16, last paragraph, revise line 6 to read ‘ ... of their its proposed ....’ 

35. On page 17, revise line 2 from the top to read ‘ ... event;. tThe application ....’ 

36. On page 17, 1st full paragraph, revise line 3 to read ‘ ... require access to covered 

weapons, which includes enhanced ....’ 

37. On page 17, 1st full paragraph, line 5, delete the hyphen in “enhanced-weapons.” 

38. On page 17, 1st full paragraph, revise line 8 to read ‘ ... apply (i.e., 10 ....’ 

39. On page 17, last paragraph, revise line 2 to read ‘ ... weapons requested by that the 

licensee or certificate holder intends to use.’ 
40. On page 18, revise line 1 to read: ‘... the term “completion” means...’ 

41. On page 18, 1st full paragraph, revise lines 5 and 6 to read ‘ ... support their its original 

application; rather they licensee or certificate holder would only need to state in their its 

application for enhanced weapons authority that they were it was previously ....’ 

42. On page 19, 1st full paragraph, revise line 5 to read ‘ ... train their its security ....’ 

43. On page 19, 1st full paragraph, revise lines 9 and 10 to read ‘ ... facilities (i.e., such that the 

security personnel are considered fungible between these two facilities).’ 

44. On page 20, revise line 2 from the top to read ‘ ... would take action to rescind ....’ 

45. On page 20, 1st full paragraph, line 8, delete the hyphen in “enhanced-weapons.” 

46. On page 20, last paragraph, revise line 4 to read ‘ ... weapons; and ....’ 

47. On page 21, revise line 12 from the top to read ‘ ... two criteria steps may ....’ 

48. On page 21, 1st full paragraph, revise line 3 to read ‘ ... orders issued ....’ 

49. On page 21, last paragraph, in line 2 remove the hyphens in “break in service.” 

50. On page 21, last paragraph, revise line 4 to read ‘ ... check, for security personnel who 

that experience ....’ 

51. On page 22, in lines 1, 2, and 3 from the top remove the hyphens in “break in service.” 

52. On page 22, 1st full paragraph, in line 5, remove the hyphens in “break in service.” 

53. On page 22, 1st full paragraph, revise line 7 to read ‘ ... they it withdraws their its 

application ....’ 

54. On page 22, 1st full paragraph, revise line 9 to read ‘ ... revokes their its Section ....’ 

55. On page 22, last paragraph, revise lines 1 and 2 to read ‘ ... checks to be completed at 

least once every 5 calendar years. This change would make the proposed rule is

consistent ....’ 

56. On page 23, revise line 15 from the top to read ‘ ... (i.e., less more frequently than ....’ 

57. On page 23, last paragraph, revise lines 3 through 5 to read ‘ ... exception would occur 

following is intended to encourage the prompt notification by the security personnel to 

notify the licensee’s or certificate holder’s security management of the occurrence of a 

disqualifying status condition or disqualifying event within 72 hours. If the security 

personnel make the notification, then the licensee or certificate holder is not required to 

notify the NRC within 72 hours of the security personnel’s removal. However, in ....’ 

58. On page 24, 2nd full paragraph, revise lines 5 and 6 to read ‘ ... events to provide 

personnel familiarity with these disqualifying status conditions or events, the process ....’ 
59. On page 24, 2nd full paragraph, revise line 12 to read ‘ ... required at an annual frequency

annually.’ 

60. On page 24, last paragraph, revise lines 1 and 2 to read ‘ ... individuals (who are appealing 

a firearms background check) should ....’ 

61. On page 24, last paragraph, revise lines 2 and 3 to read ‘ ... time (i.e., regarding with 

respect to the 45-day timeliness requirement on submitting an appeal) to their ....’ 

62. On page 24, last paragraph, revise line 3 to read ‘ ... holder;, ....’ 

63. On page 25, 1st full paragraph, revise line 12 to read ‘ ... would take action to ....’ 

64. On page 25, last paragraph, revise line 2 to read ‘ ... licensed, ....’ 

65. On page 25, last paragraph, revise line 2 to read ‘ ... possess enhanced covered ....’ 

66. On page 25, last paragraph, revise line 4 to read ‘ ... employing enhanced covered 

weapons ....’ 

67. On page 26, revise line 1 from the top to read ‘ ... licensed ....’ 

68. On page 26, revise line 1 from the top to read ‘ ... employing enhanced covered weapons 

....’ 

69. On page 26, revise lines 2 and 3 from the top to read ‘ ... organization (i.e., such that the 

security personnel are considered fungible between these two facilities).’ 

70. On page 26, revise line 4 from the top to read ‘ ... carrying enhanced covered weapons ....’ 

71. On page 26, 1st full paragraph, revise line 1 to read ‘ ... licensees may face ....’ 

72. On page 28, last paragraph, revise line 1 to read ‘ ... contains the following: ....’ 

73. On page 28, last paragraph, revise line 3 to read ‘ ... rule, and ....’ 

74. On page 28, last paragraph, revise line 4 to read ‘ ... rule and or the ....’ 

75. On page 29, revise line 5 from the top to read ‘ ... Part 52., and tThe ....’ 

76. On page 30, revise line 2 from the top to read ‘ ... statement is was not ....’ 

77. On page 30, revise line 2 from the top to read ‘ ... required. Instead, the agency prepared 

a draft environmental assessment on the proposed rule for public comment.’ 

78. On page 32, revise line 2 to read ‘ ... different sections paragraphs of section 73.71 ....’ 

79. On page 32, last paragraph, revise line 6 to read ‘ ... checks would be required for ....’ 

80. On page 33, revise line 2 from the top to read ‘ ... authority must would be required to 

describe ....’ 
81. On page 33, revise line 5 from the top to read ‘ ... authority would be required to ....’ 

82. On page 33, 1st full paragraph, revise line 1 to read ‘ ... also included requirements that

would ....’ 

83. On page 33, 1st full paragraph, revise line 2 to read ‘ ... different sections paragraphs of 

section 73.71.’ 

84. On page 33, revise line 5 from the bottom to read: ‘...SNF spent nuclear fuel, HLW highlevel radioactive waste...’ 

85. On page 35, last paragraph, revise line 4 to read: ‘...are already discussed...’ 

86. On page 39, add the Designation Order to the document table. 

87. On page 41, 1st full paragraph, revise line 4 to read: ‘...categories of enhanced covered 

weapons...’ 

88. On page 42, 1st paragraph, revise line 4 to read: ‘...weapons other than enhanced 

weapons, notwithstanding...’ 

89. On page 42, item (2), revise line 1 to read: ‘...certificate holders who desire to applying 

for...’ 

90. On page 43, 1st paragraph (iii), revise line 4 to read: ‘...protective strategy; or whether...’ 

91. On page 44, lines 1, 4, 6, 10, and 15, delete the hyphen in “enhanced-weapons authority” 

92. On page 44, paragraph (e)(2) revise line 1 to read: ‘...holders who desire to applying 

for...’ 

93. On page 44, paragraph (e)(3)(iii) revise lines 3 and 4 to read: ‘...these enhanced covered 

weapons...’ 

94. On page 45, line 2, delete the hyphen in “enhanced-weapons authority.” 

95. On page 45, paragraph (5)(i), revise lines 2 and 3 to read: ‘ ... certificate holder’s 

applicable security-personnel minimum staffing requirements as specified in its physical 

security plan and any applicable fatigue requirements under part 26 of this chapter.’ The 

staff should make conforming changes to the Statements of Consideration (page 16), 

and rule text § 73.18(d)(4)(i) (page 43). 

96. On page 46, revise 1st line to read: ‘...submit their its application...’ 

97. On page 49, paragraph (3)(ii), in line 1, remove the hyphens in “break in service.” 

98. On page 51, paragraph (ii) revise last line to read: ‘...compliance (as requiring protection 

under a security program). 

99. On page 51, renumber subsection “(9)” to “(8)” and make conforming changes to the 

following subsections and the Statements of Consideration and draft guide. 
100. On page 51, the second paragraph (i), revise line 2 to read: ‘...access to enhanced

covered weapons...’ 

101. On page 52, revise line 2 to read: ‘...approved their its application...’ 

102. On page 52 paragraph(11)(i) revise lines 3-4 to read: ‘...5 calendar years of the month of 

an initial, or the most recent, satisfactory firearms background check, whichever is later.’ 

103. On page 52 last line to page 53 1st line, revise to read: ‘...5 calendar years of the month of 

an initial, or the most recent, satisfactory firearms background check accomplished 

under a confirmatory order, whichever is later.’ 

104. On page 53, revise line 4 to read: ‘...specified in paragraph (ef) of this section.’ 

105. On page 53, lines 5, 7, 13 and 18, remove the hyphens in “break in service” 

106. On page 53, line 7 and 11, remove the commas after ‘background check,’ 

107. On page 53, revise line 9 to read: ‘...week.; or’ 

108. On page 53, revise line 14 to read: ‘...contractor,; and notwithstanding ....’ 

109. On page 53, revise line 2 from bottom to read: ‘...12 months., Pprovided...’ 

110. On page 54, revise line 4 to read: ‘...licensee’s, or certificate holder’s, ownership...’ 

111. On page 54, line 5, delete the comma after ‘property,’ 

112. On page 54, lines 7 and 19, remove the hyphens in “break in service” 

113. On page 54 revise line 7 to read: ‘...check required by this section for...’ 

114. On page 54, line 2 from the bottom, delete the commas after ‘authority,’ and ‘NRC,’ 

115. On page 55, paragraph (2), line 2, delete the semicolon after ‘background check;’ 

116. On page 55, paragraph (2), revise line 3 to read: ‘...midnight (i.e., 23:59 local time)...’ 

117. On page 55, paragraph (3), line 4, delete the comma after “covered weapons, “ 

118. On page 55, paragraph (g), line 3, delete the comma after “covered weapons, “ 

119. On page 56, line 1, delete the comma after “not applicable,” 

120. On page 56, revise line 1 to read: ‘...The requirement to notify the NRC by telephone is 

not applicable, licensee or certificate holder is not required to notify the NRC if...’ 

121. On page 56, paragraph (h)(1), revise lines 2 to 4 to read: ‘...within 72 hours of the 

identification or occurrence of the existence of any Federal or State disqualifying status 

condition or upon the occurrence of any disqualifying events that would prohibit...’ The 

staff should make corresponding changes to each area in the FRN that this language 

occurs. 
122. On page 55, paragraph (2)(i) line 2, delete the comma after “and (n),” 

123. On page 57, paragraph (p)(1) lines 1 and 2, delete the commas after “personnel,” and 

“response,” 

124. On page 57, paragraph (p)(1)(ii), revise to read: ‘...providing to the FBI and evaluating 

any necessary additional information to the FBI to resolve... 

125. On page 57, revise the last two lines to read: ‘...within 45 calendar days of the after the 

date the NRC forwards the results of the firearms background check to the licensee or 

certificate holder notifies the individual of the adverse response.’ 

126. On page 59, line 2, delete the comma after “authority,” 

127. On page 59, paragraph (3), line 2, delete the commas after “material,” and “order,” 

128. On page 60, paragraph (f), lines 1 and 3, revise to read: ‘...enhanced covered 

weapons...’