46800 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

At the conclusion of the scoping 

process, the NRC will prepare a concise 

summary of the determination and 

conclusions reached, including the 

significant issues identified, and will 

send a copy of the summary to each 

participant in the scoping process. The 

summary will also be available for 

inspection in ADAMS at http://adams

websearch.nrc.gov/dologin.htm. The 

NRC may revise the determinations in 

the summary as appropriate. The staff 

will then prepare and issue for comment 

the draft supplement to the FES, which 

will be the subject of separate notices 

and separate public meetings. Copies 

will be available for public inspection at 

the above-mentioned addresses. After 

receipt and consideration of the 

comments, the NRC will prepare a final 

supplement to the FES, which will also 

be available for public inspection. 

The NRC is inviting the following to 

participate in scoping: 

a. The applicant, Tennessee Valley 

Authority. 

b. Other Federal agencies that have 

jurisdiction by law or special expertise 

with respect to any environmental 

impact involved, or that are authorized 

to develop and enforce relevant 

environmental standards. 

c. Affected State and local agencies, 

including those authorized to develop 

and enforce relevant environmental 

standards. 

d. Affected Native American Tribes. 

e. Persons who requested an 

opportunity to participate in the scoping 

process. 

f. Person who petitioned for leave to 

intervene in the proceeding. 

In accordance with 10 CFR 51.26, the 

scoping process for an EIS, which in 

this case is equivalent to the FES, may 

include a public scoping meeting to 

help identify significant issues related 

to a proposed activity and to determine 

the scope of issues to be addressed in 

the FES. The NRC has decided to hold 

public meetings for the WBN2 operating 

license supplement to the FES. The 

scoping meetings will be held at the 

Magnuson Hotel at 1421 Murrays 

Chapel Road in Sweetwater, Tennessee, 

on Tuesday, October 6, 2009. There will 

be two sessions to accommodate 

interested persons. The first session will 

be at 1:30 p.m. and the second at 6:30 

p.m. Both sessions will be transcribed 

and will include: An overview by the 

NRC staff of the NEPA environmental 

review process, the proposed scope of 

the supplement to the FES, and the 

proposed review schedule; and the 

opportunity for interested government 

agencies, organizations, and individuals 

to submit comments or suggestions on 

the environmental issues or the 

proposed scope of the supplement to the 

FES. Additionally, the NRC staff will 

host informal discussions one hour 

prior to the start of each session at the 

same location. No formal comments on 

the proposed scope of the supplement to 

the FES will be accepted during the 

informal discussions. To be considered, 

comments must be provided either at 

the transcribed public meetings or in 

writing, as discussed below. Persons 

may register to attend or present oral 

comments at the meetings on the scope 

of the NEPA review by contacting the 

NRC Project Manager, Mr. Joel Wiebe, 

by telephone at 301–415–6606, or by email to Joel.Wiebe@nrc.gov no later than 

September 30, 2009. Members of the 

public may also register to speak at the 

meeting within 15 minutes of the start 

of each session. Individual oral 

comments may be limited by the time 

available, depending on the number of 

persons who register. Members of the 

public who have not registered may also 

have an opportunity to speak, if time 

permits. Public comments will be 

considered in the scoping process for 

the supplement to the FES. 

Members of the public may send 

written comments on the environmental 

scope of the WBN2 operating license 

review to: Chief, Rulemaking and 

Directives Branch, Division of 

Administrative Services, Office of 

Administration, Mailstop TWB–05B01, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

should cite the publication date and 

page number of this Federal Register 

notice. Electronic comments may be 

sent by e-mail to the NRC at RidsNrrPM

WattsBar2.Resource@nrc.gov, and 

should be sent no later than October 30, 

2009, to be considered in the scoping 

process. Comments will be available 

electronically and accessible through 

ADAMS at http://adamswebsearch.

nrc.gov/dologin.htm. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Participation in the scoping process 

for the supplement to the FES does not 

entitle participants to become parties to 

the proceeding to which the supplement 

to the FES relates. Notice of opportunity 

for a hearing regarding the updated 

license application was the subject of 

the aforementioned Federal Register 

notice 74 FR 20350. Matters related to 

participation in any hearing are outside 

the scope of matters to be discussed at 

this public meeting. 

Information about the proposed 

action, the supplement to the FES, and 

the scoping process may be obtained 

from Mr. Wiebe at the aforementioned 

telephone number or e-mail address. 

Dated at Rockville, Maryland, this 4th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

L. Raghavan, 

Chief, Watts Bar Special Projects Branch, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–21978 Filed 9–10–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0465] 

Notice of Issuance of Guidelines on 

Use of Firearms by Security Personnel; 

Notice of Effective Date of Statute 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance; Notice of 

effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (Commission or NRC) is 

issuing, with the approval of the U.S. 

Attorney General, guidelines on the use 

of firearms by security personnel whose 

official duties include the protection of 

NRC-regulated facilities, radioactive 

material, or other property. On August 

8, 2005, President Bush signed into law 

the Energy Policy Act of 2005 (the Act). 

Section 653 of the Act amended the 

Atomic Energy Act of 1954 (AEA) by 

adding new section 161A., regarding the 

use of firearms by security personnel. 

Under the provisions of section 161A.d., 

section 161A. takes effect on the date 

that these guidelines are issued by the 

Commission, with the approval of the 

Attorney General. 

DATES: Section 161A. of the AEA takes 

effect on September 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Philip Brochman, Office of Nuclear 

Security and Incident Response, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

(301) 415–6557, e-mail 

Phil.Brochman@nrc.gov or Susan 

Fonner, Office of the General Counsel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 


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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 46801 

(301) 415–1629, e-mail 

Susan.Fonner@nrc.gov. 

SUPPLEMENTARY INFORMATION: On August 

8, 2005, President Bush signed into law 

the Energy Policy Act of 2005, Public 

Law 109–58, 119 Stat. 594 (2005). 

Section 653 of the Act amended the 

AEA by adding section 161A., ‘‘Use of 

Firearms by Security Personnel,’’ 42 

U.S.C. 2201a. Section 161A. of the AEA 

provides the Commission with new 

authority with respect to firearms that 

will enhance security at designated 

facilities of NRC licensees and 

certificate holders and will also enhance 

security with respect to certain 

radioactive material or other property 

owned or possessed by an NRC licensee 

or certificate holder, or the 

transportation of such material or other 

property. 

Specifically, section 161A. provides 

two potential advantages to NRC 

licensees and certificate holders to 

enhance security. NRC’s current 

regulations authorize in certain 

circumstances the possession of 

standard weapons by the security 

personnel of licensees and certificate 

holders. Under section 161A., the 

Commission is authorized to permit 

licensees and certificate holders to 

obtain weapons not previously 

permitted to be owned or possessed 

under Commission authority, that is, 

short-barreled shotguns, short-barreled 

rifles, and machineguns (i.e., enhanced 

weapons). In addition, section 161A. 

authorizes the Commission to permit 

security personnel of a licensee or 

certificate holder to transfer, receive, 

possess, transport, import, and use 

handguns, rifles, shotguns, shortbarreled shotguns, short-barreled rifles, 

machineguns, semiautomatic assault 

weapons, ammunition for such 

weapons, and large capacity 

ammunition feeding devices, 

notwithstanding State, local, and certain 

Federal firearms laws, including 

regulations, that prohibit such actions. 

Prior to the enactment of section 

161A., with limited exceptions, only 

Federal, State or local law enforcement 

could lawfully possess machineguns. 

Section 161A. authority, however, 

allows licensees and certificate holders, 

who obtain the necessary authorization 

from the NRC, to lawfully possess 

machineguns that they previously were 

not authorized to possess. 

As indicated in the attached 

guidelines, an NRC licensee or 

certificate holder will be required to 

apply to the Commission to take 

advantage of the new authority provided 

by section 161A. Prior to granting an 

application to permit security personnel 

of an NRC licensee or certificate holder 

to transfer, receive, possess, transport, 

import, and use a weapon, ammunition, 

or device not previously authorized, the 

Commission must determine that the 

requested permission is necessary in the 

discharge of the official duties of the 

security personnel and that the security 

personnel are engaged in protecting: (1) 

A facility owned or operated by an NRC 

licensee or certificate holder and 

designated by the Commission, or (2) 

radioactive material or other property 

that is owned or possessed by an NRC 

licensee or certificate holder, or that is 

being transported to or from a facility 

owned or operated by such a licensee or 

certificate holder, and which has been 

determined by the Commission to be of 

significance to the common defense and 

security or public health and safety. 

Furthermore, an NRC licensee or 

certificate holder that applies to the 

NRC for enhanced weapons authority 

under section 161A. must also comply 

with applicable U.S. Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) firearms requirements before 

obtaining such enhanced weapons. 

Section 161A. also mandates that all 

security personnel with duties requiring 

access to covered weapons who are 

engaged in the protection of 

Commission-designated facilities, 

radioactive material, or other property 

owned or operated by an NRC licensee 

or certificate holder shall be subject to 

a fingerprint-based background check by 

the Attorney General and a firearms 

background check against the Federal 

National Instant Background Check 

System (NICS). Consequently, these 

firearms background check 

requirements are mandatory for all such 

security personnel who are engaged in 

protecting licensees and certificate 

holders that fall within Commissiondesignated classes of facilities, 

radioactive material, and other property 

and who employ covered weapons as 

part of their protective strategy. These 

firearms background checks will 

provide assurance that such security 

personnel are not barred under Federal 

and State law from receiving, 

possessing, transporting, or using any 

covered weapons. 

Under the provisions of section 

161A.d., 42 U.S.C. 2201a(d), section 

161A. takes effect on the date that these 

guidelines are issued by the 

Commission, with the approval of the 

Attorney General. The Attorney General 

approved these guidelines by letter July 

7, 2009. Accordingly, section 161A. 

takes effect as specified in the DATES

section above. 

The recordkeeping and reporting 

requirements described in these 

guidelines will take effect upon the 

Commission’s promulgation of 

regulations or the issuance of orders. 

Therefore, the NRC will obtain, as part 

of the promulgation or issuance of such 

regulations or orders, approval from the 

Office of Management and Budget of 

any such information collection 

burdens, as required under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). 

Regulations or orders issued by the 

Commission concerning section 161A. 

shall be consistent with the provisions 

of these guidelines. These guidelines do 

not supersede or alter existing 

Commission regulations or orders. The 

Commission will review and revise 

existing Commission regulations and 

orders to be consistent with these 

guidelines, as appropriate. 

Dated at Rockville, Maryland, this 4th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Attachment—Guidelines on the Use of 

Firearms by Security Personnel in 

Protecting U.S. NRC-Regulated 

Facilities, Radioactive Material, and 

Other Property 

1. Authority and Scope 

On August 8, 2005, the President 

signed into law the Energy Policy Act of 

2005 (the Act), Public Law 109–58, 119 

Stat. 594 (2005). Section 653 of the Act 

amended the Atomic Energy Act of 1954 

(AEA) by adding section 161A., ‘‘Use of 

Firearms by Security Personnel,’’ 42 

U.S.C. 2201a. Section 161A. of the AEA 

provides new authority to the U.S. 

Nuclear Regulatory Commission 

(Commission or NRC) to enhance 

security at designated facilities of NRC 

licensees and certificate holders and to 

enhance security with respect to certain 

radioactive material or other property 

owned or possessed by an NRC licensee 

or certificate holder, or the 

transportation of such material or other 

property. 

Specifically, section 161A. provides 

two potential advantages to NRC 

licensees and certificate holders to 

enhance security. NRC’s regulations 

authorize in certain circumstances the 

possession of standard weapons by the 

security personnel of licensees and 

certificate holders. Under section 

161A., the Commission is authorized to 

permit licensees and certificate holders 

to obtain weapons not previously 

permitted to be owned or possessed 

under Commission authority, i.e., 

enhanced weapons. In addition, section 

161A. authorizes the Commission to 

preempt State, local, and certain Federal 


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firearms laws, including regulations, 

that prohibit the transfer, receipt, 

possession, transport, import, and use of 

handguns, rifles, shotguns, shortbarreled shotguns, short-barreled rifles, 

machineguns, semiautomatic assault 

weapons, ammunition for such 

weapons, and large capacity 

ammunition feeding devices. 

Prior to the enactment of section 

161A., with limited exceptions, only 

Federal, State or local law enforcement 

could lawfully possess machineguns. 

Section 161A. authority, however, 

allows licensees and certificate holders 

who obtain the necessary authorization 

from the NRC, to lawfully possess 

machineguns (enhanced weapons 

authority) that they previously were not 

authorized to possess. 

An NRC licensee or certificate holder 

must apply to the Commission to take 

advantage of the provisions of section 

161A. Prior to granting an application to 

permit security personnel of an NRC 

licensee or certificate holder to transfer, 

receive, possess, transport, import, and 

use a weapon, ammunition, or device 

not previously authorized, the 

Commission must determine that the 

requested authority is necessary in the 

discharge of the official duties of the 

security personnel and the security 

personnel are engaged in protecting: (1) 

A facility owned or operated by an NRC 

licensee or certificate holder and 

designated by the Commission, or (2) 

radioactive material or other property 

that has been determined by the 

Commission to be of significance to 

public health and safety or the common 

defense and security, and that is owned 

or possessed by an NRC licensee or 

certificate holder, or that is being 

transported to or from an NRC-regulated 

facility. The Commission’s 

authorization shall only apply to use by 

security personnel of a licensee or 

certificate holder of a weapon, 

ammunition, or a device listed in 

section 161A.b. when used by such 

personnel while in the discharge of their 

official duties. 

Section 161A. also mandates that all 

security personnel with duties requiring 

access to covered weapons who are 

engaged in the protection of 

Commission-designated facilities, 

radioactive material, or other property 

owned or operated by an NRC licensee 

or certificate holder shall be subject to 

a fingerprint-based background check by 

the Attorney General and a firearms 

background check against the Federal 

National Instant Background Check 

System (NICS). These firearms 

background checks will provide 

assurance that such security personnel 

are not barred from possessing, 

transporting, or using any covered 

weapons. 

Under the provisions of section 

161A.d., 42 U.S.C. 2201a(d), section 

161A. takes effect on the date that these 

guidelines are issued by the 

Commission after being approved by the 

U.S. Attorney General. 

Regulations or orders issued by the 

Commission concerning section 161A. 

shall be consistent with the provisions 

of these guidelines. Modification of 

these guidelines by the Commission 

must be made with the concurrence of 

the Attorney General. 

Definitions of terms that may not have 

a commonly understood meaning are 

contained in section 8 of these 

guidelines. 

2. Commission Designations and 

Determinations 

After the issuance of these guidelines, 

the Commission will promulgate 

regulations or issue orders that 

authorize specific classes of licensees 

and certificate holders to apply to the 

Commission to use the authority of 

section 161A. These regulations or 

orders will designate the specific types 

of facilities for which licensees and 

certificate holders are authorized to use 

the authority of section 161A. In 

addition, Commission regulations or 

orders will designate the specific types 

of radioactive material or other property 

owned or possessed by NRC licensees 

and certificate holders, or specific types 

of radioactive material or other property 

being transported to or from a facility 

owned or operated by an NRC licensee 

or certificate holder, for which an 

application to the Commission may be 

made to use the authority of section 

161A. The Commission’s designation of 

specific radioactive material or other 

property will be based upon a finding 

that the material or property is of 

significance to the common defense and 

security or public health and safety. 

These regulations or orders will require 

a firearms background check (as 

described in section 5 of these 

guidelines) for armed security personnel 

who have access to covered weapons 

and who are engaged in the protection 

of a facility, radioactive material, or 

other property owned or operated by an 

NRC licensee or certificate holder that 

has been designated by the Commission 

pursuant to section 161A. 

The Commission will promulgate 

regulations or issue orders establishing 

a process for NRC-regulated entities to 

apply for and obtain preemption 

authority under section 161A. The 

Commission will also promulgate 

regulations or issue orders establishing 

a process for NRC-regulated entities to 

apply for and obtain both enhanced 

weapons authority and preemption 

authority under section 161A. An NRCregulated entity may obtain preemption 

authority without applying for 

enhanced weapons authority. An NRCregulated entity seeking enhanced 

weapons authority must obtain both 

enhanced weapons authority and 

preemption authority. A licensee’s or 

certificate holder’s applications for 

preemption authority and enhanced 

weapons authority may be sequential or 

concurrent, but the NRC must approve 

the licensees’ and certificate holders’ 

applications for preemption authority at 

the same time as or before approving 

their application for enhanced weapons 

authority. 

Before granting preemption authority, 

the Commission will require persons 

who are licensees and certificate holders 

on the effective date of these guidelines, 

and who have applied for preemption 

authority only or for enhanced weapons 

authority and preemption authority, to 

notify the NRC when a sufficient 

number of security personnel have 

completed a satisfactory firearms 

background check to permit the licensee 

or certificate holder to meet the 

licensee’s or certificate holder’s security 

personnel minimum staffing and fatigue 

requirements. The NRC will review 

such readiness notifications on a caseby-case basis prior to approving a 

licensee’s or certificate holder’s 

application for preemption authority. 

In addition, Commission regulations 

or orders will require that before 

licensees and certificate holders may be 

granted authority by the NRC to obtain 

enhanced weapons they must: (1) Apply 

to the NRC for preemption authority, (2) 

apply to the NRC for approval to obtain 

enhanced weapons, and (3) develop 

new, or revise existing, physical 

security plans (including plans for the 

safe storage of covered weapons), 

security personnel training and 

qualification plans, safeguards 

contingency plans, and safety 

assessments incorporating the use of the 

enhanced weapons to be employed. 

These plans and assessments must be 

specific to the facility, radioactive 

material, or other property being 

protected; must identify the specific 

type(s) of covered weapons that will be 

used by security personnel; and must 

address how these covered weapons 

will be employed in meeting the NRCrequired protective strategy. Licensees 

and certificate holders must submit 

these new, or revised, plans and 

assessments to the NRC for review and 

written approval. The requirements for 

the contents of the licensee’s and 

certificate holder’s physical security 


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plans, security personnel training and 

qualification plans, safeguards 

contingency plans, and safety 

assessments on the use of enhanced 

weapons are contained in NRC 

regulations. 

Based upon the NRC’s review of an 

applicant’s plans and assessments (as 

provided in the preceding paragraph) 

and upon a determination that all of the 

requirements of section 161A. have 

been, or will be, met, the NRC will 

provide a written statement to the 

licensee or certificate holder stating that 

the NRC has determined that the 

licensee’s or certificate holder’s need for 

the specific enhanced weapons that the 

licensee or certificate holder intends to 

deploy satisfies the requirements of the 

NRC under section 161A. 

Licensees and certificate holders 

lawfully possessing enhanced weapons 

under an authority other than section 

161A. on or before the effective date of 

these guidelines are not required to 

revise their previously approved 

security plans, unless the licensee or 

certificate holder applies to the NRC 

under section 161A. for preemption 

authority or for enhanced weapons 

authority and preemption authority. 

3. Applicability of Federal Firearms 

Laws, Regulations and Licensing 

Requirements 

In addition to complying with 

Commission regulations and orders 

implementing section 161A., licensees 

and certificate holders covered by these 

guidelines must also comply with 

applicable provisions of Title 18 U.S.C. 

Chapter 44 (the Gun Control Act (GCA)) 

and Title 26 U.S.C. Chapter 53 (National 

Firearms Act (NFA)) and 27 CFR parts 

478 and 479 (the applicable regulations 

promulgated under those laws by the 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (ATF)), regarding the 

transfer, receipt, possession, 

transportation, importation, or use of 

covered weapons, except to the extent 

that those regulations are superseded by 

section 161A. After a licensee’s or 

certificate holder’s receipt of the NRC’s 

written approval of their application for 

enhanced weapons authority, the 

licensee or certificate holder may in 

accordance with 26 U.S.C. Chapter 53 

have enhanced weapons transferred to 

them. An application to transfer an 

enhanced weapon to a licensee or 

certificate holder must be submitted to 

ATF by the transferor of the enhanced 

weapon. The application must include 

all required information including a 

copy of the NRC’s written approval to 

possess specific enhanced weapons 

under section 161A. All enhanced 

weapons must be registered with ATF 

under the name of the licensee or 

certificate holder. 

4. Training and Qualification on 

Enhanced Weapons 

The Commission will promulgate 

regulations or issue orders requiring 

NRC licensees or certificate holders who 

have received written NRC approval of 

their application for section 161A. 

enhanced weapons authority to provide 

specific training to their security 

personnel on the possession, storage, 

maintenance, and use of enhanced 

weapons and on tactical maneuvers 

employing such weapons in protecting 

NRC-designated facilities, radioactive 

material, or other property, whichever is 

applicable. The regulations or orders 

will require such licensees and 

certificate holders to incorporate within 

their security personnel training and 

qualification plans specific training and 

qualification information applicable to 

the enhanced weapons to be employed, 

including information regarding tactical 

maneuvers that security personnel will 

carry out with those weapons. This 

training and qualification information 

must conform with firearms training 

and qualification standards developed 

by nationally recognized firearms 

organizations or standard setting bodies, 

or with standards developed by Federal 

agencies, such as the U.S. Department of 

Homeland Security’s Federal Law 

Enforcement Training Center, the U.S. 

Department of Energy’s National 

Training Center, and the U.S. 

Department of Defense. 

5. Firearms Background Checks 

The Commission will promulgate 

regulations or issue orders establishing 

requirements for firearms background 

checks for security personnel whose 

duties require access to covered 

weapons in connection with the 

protection of a facility, radioactive 

material, or other property owned or 

operated by an NRC licensee or 

certificate holder that has been 

designated by the Commission under 

section 2 of these guidelines. 

Licensees and certificate holders may 

apply to the NRC for preemption 

authority only or they may apply for 

both enhanced weapons authority and 

preemption authority. In either case, to 

obtain approval of such an application, 

satisfactory firearms background checks 

must have been completed for the 

licensee’s or certificate holder’s security 

personnel whose official duties require 

access to covered weapons. The firearms 

background check requirement applies 

to such security personnel whether they 

are directly employed by the licensee or 

certificate holder or they are employed 

by a security contractor who provides 

security services to the licensee or 

certificate holder. 

The Commission’s regulations or 

orders will set forth the criteria for 

satisfactory and adverse firearms 

background checks, as defined in 

section 8(a) of these guidelines. The 

regulations or orders will require that 

licensees and certificate holders who 

employ covered weapons as part of their 

protective strategy for a facility, 

radioactive material, or other property 

that is included within the classes of 

facilities, radioactive material, or other 

property designated by the Commission 

shall complete a satisfactory firearms 

background check of security personnel 

who have, or are proposed to have, 

official duties that require access to 

covered weapons in the protection of 

such facilities, radioactive material, or 

other property. The firearms background 

checks are in addition to any other 

background checks or criminal history 

checks required for security personnel 

under Commission regulations or 

orders. 

Licensees and certificate holders who 

employ covered weapons as part of their 

protective strategy for a facility, 

radioactive material, or other property 

that is included within the classes of 

facilities, radioactive material, or other 

property designated by the Commission 

shall begin firearms background checks 

of their security personnel who have, or 

are proposed to have, official duties that 

require access to covered weapons in 

the protection of such facilities, 

radioactive material, or other property 

after the NRC issues a rule or order 

designating the class of facility, 

radioactive material, or other property 

into which their facility, radioactive 

material, or other property falls. Within 

180 days of the NRC issuing such a rule 

or order, affected licensees and 

certificate holders must remove such 

personnel from duties requiring access 

to covered weapons if they have 

received an adverse firearms 

background check. During this 180-day 

period, affected licensees and certificate 

holders may permit such personnel who 

receive a ‘‘delayed’’ National Instant 

Criminal Background Check System 

(NICS) response to continue duties that 

require access to standard weapons 

pending resolution of the ‘‘delayed’’ 

response; however, they must remove 

such individuals from duties requiring 

access to enhanced weapons. 

Licensees and certificate holders may 

not permit security personnel who 

receive a ‘‘denied’’ NICS response, as 

defined in sections 8(a) and (c), to 

perform duties requiring access to 


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covered weapons, except as provided in 

the next paragraph. 

After the 180-day period, licensees 

and certificate holders may not permit 

security personnel who receive an 

adverse firearms background check to 

perform duties requiring access to 

covered weapons, except that security 

personnel who received a ‘‘denied’’ or 

‘‘delayed’’ NICS response and who 

subsequently receive a response that a 

satisfactory firearms background check 

has been completed may be permitted 

access to covered weapons. 

Licensees or certificate holders who 

employ covered weapons as part of their 

protective strategy for a facility, 

radioactive material, or other property 

that is included within the classes of 

facilities, radioactive material, or other 

property designated by the Commission 

are required to conduct periodic 

firearms background checks of all 

security personnel who have, or are 

proposed to have, official duties that 

require access to covered weapons in 

the protection of such a facility, 

radioactive material, or other property, 

at a minimum of once every five years 

after their first background check. 

However, these checks may be 

conducted more frequently if required 

by Commission regulation or order, or if 

the licensee or certificate holder 

requires an earlier check. Security 

personnel who receive an adverse 

firearms background check response 

upon a recheck must be removed from 

duties that require access to covered 

weapons. Security personnel so 

removed who subsequently complete a 

satisfactory firearm background check 

may be permitted access to covered 

weapons. In addition, the Commission 

will require a new firearms background 

check for security personnel who have 

had a break of greater than one (1) week 

in employment by the licensee or 

certificate holder or in employment by 

a contractor who provides security 

services to a licensee or certificate 

holder. 

The Commission will require a new 

firearms background check for security 

personnel who have transferred to the 

employment or the service of the 

licensee or certificate holder from a 

different licensee or certificate holder in 

whose employ they previously 

completed a satisfactory firearms 

background check. However, a change 

in the ownership of the licensee or 

certificate holder, a change in the 

ownership of the security contractor 

providing the security personnel, or a 

change in the security contractor 

providing the security personnel will 

not require, by itself, the performance of 

a new firearms background check for 

personnel who have previously 

completed a satisfactory firearms 

background check. 

The Commission will require each 

licensee or certificate holder who 

employs enhanced weapons as part of 

their protective strategy for a facility, 

radioactive material, or other property 

that is included within the classes of 

facilities, radioactive material, or other 

property designated by the Commission 

to complete a satisfactory firearms 

background check for security personnel 

whose official duties require access to 

enhanced weapons in the protection of 

such facilities, radioactive material, or 

other property, before such personnel 

may be given access to enhanced 

weapons. The Commission will 

promulgate regulations or issue orders 

requiring such licensees or certificate 

holders to establish procedures for 

notifying the NRC when a security 

officer assigned duties requiring access 

to covered weapons is permanently 

removed from such duties because of an 

adverse firearms background check. The 

NRC will promptly report suspected 

violations of Federal law to the 

appropriate Federal agency and 

suspected violations of State law to the 

appropriate State agency. 

The Commission will promulgate 

regulations or issue orders providing a 

process for security personnel who have 

received an adverse firearms 

background check to appeal a ‘‘denied’’ 

NICS response to the FBI, or to provide 

additional information to the FBI to 

resolve a ‘‘delayed’’ NICS response. 

Security personnel must file a request to 

appeal a ‘‘denied’’ NICS response or a 

request to resolve a ‘‘delayed’’ NICS 

response within 45 calendar days after 

the date the licensee or certificate 

holder notifies the individual of the 

adverse response. The request must 

include appropriate documentation or 

record(s) establishing the legal or factual 

basis, or both, for the challenge. It is the 

responsibility of a person who is 

appealing or resolving an adverse 

firearms background check to provide 

the FBI with any additional information 

requested by the FBI to resolve an 

adverse firearms background check. 

Such persons must supply this 

information to the FBI within 45 

calendar days after the FBI’s request. 

Extensions of the time period to supply 

additional requested information in 

support of a timely appeal or resolution 

request may be granted by the FBI for 

good cause shown, as determined by the 

FBI. Failure to timely initiate an appeal 

or resolution request or timely provide 

additional information requested by the 

FBI will result in the barring or 

abandonment of the appeal or resolution 

request. Appeals or resolution requests 

that are barred or abandoned because of 

the failure to comply with these 

deadlines may only be pursued after 

resubmission of a firearms background 

check request on the individual. Such 

resubmission will be by, and at the sole 

discretion of, a licensee or certificate 

holder. 

6. Enhanced Weapons Accountability, 

Transfer, Transportation, and Record 

Keeping 

The Commission will promulgate 

regulations or issue orders requiring 

licensees and certificate holders to 

perform periodic accountability 

inventories of the enhanced weapons in 

their possession to verify their 

continued possession of each enhanced 

weapon. The regulations or orders will 

require licensees or certificate holders to 

complete such inventories at specified 

intervals, and at least one inventory will 

be conducted each year. These 

inventories must be based upon the 

verification of the presence at the 

licensee’s or certificate holder’s facility 

of each enhanced weapon or upon a 

verification of the presence of an intact 

tamper indicating device (TID) for 

enhanced weapons that are stored in 

locked and sealed storage or readyservice containers at the licensee’s or 

certificate holder’s facility. The 

regulations or orders will require that 

licensees and certificate holders 

permitting enhanced weapons to be 

removed from their facility (i.e., the 

owner controlled area) by security 

personnel for permissible reasons verify 

that such weapons are subsequently 

returned to the licensee’s or certificate 

holder’s facility upon completion of 

official use of the weapons. 

Permissible reasons for removal of 

enhanced weapons from the licensee’s 

or certificate holder’s facility include: 

(1) Removal for use at a firing range or 

training facility used by the licensee or 

certificate holder, and (2) removal for 

use in escorting shipments of 

radioactive material or other property 

designated by the Commission under 

section 2 of these guidelines, if the 

material or other property is being 

transported to or from the licensee’s or 

certificate holder’s facility. The 

Commission may provide other 

permissible reasons for the removal of 

enhanced weapons by regulation or 

order. 

Any other removal of enhanced 

weapons from a licensee’s or certificate 

holder’s facility would be a transfer of 

those weapons. The licensee or 

certificate holder may only transfer (by 

sale or otherwise) enhanced weapons 


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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 46805 

pursuant to an application approved by 

ATF under 26 U.S.C. Chapter 53. 

A licensee or certificate holder 

receiving enhanced weapons must assist 

the transferor in completing an 

application to transfer such weapons in 

accordance with 26 U.S.C. 5812, and 

must provide the transferor a copy of 

the NRC’s written approval of their 

application for enhanced weapons 

authority. Enhanced weapons may only 

be transferred to the licensee or 

certificate holder, not to a contractor of 

the licensee or certificate holder. 

The Commission will promulgate 

regulations or issue orders requiring a 

licensee or certificate holder possessing 

enhanced weapons to notify the NRC 

and the appropriate local authorities of 

any stolen or lost enhanced weapons 

upon the discovery of such theft or loss. 

Licensees and certificate holders will 

also have an independent obligation, 

pursuant to 27 CFR 479.141, to report to 

ATF stolen or lost enhanced weapons 

registered in accordance with 26 U.S.C. 

5841 immediately upon the discovery of 

such theft or loss. 

Security personnel transporting 

enhanced weapons to or from a firing 

range or training facility used by the 

licensee or certificate holder are 

responsible for assuring that the 

weapons are unloaded and locked in a 

secure container during transport. 

Except as provided in the next 

paragraph, security personnel 

transporting covered weapons to or from 

a licensee’s or certificate holder’s 

facility following the completion of, or 

in preparation for, escorting designated 

radioactive material or other property 

being transported to or from the 

licensee’s or certificate holder’s facility 

are responsible for assuring that the 

weapons are unloaded and locked in a 

secure container during transport. In 

addition to being in a secure container, 

the contents of the container should 

only be accessible by authorized 

personnel. Unloaded covered weapons 

and ammunition for such weapons may 

be transported in the same secure 

container during transport. 

Security personnel required to carry 

covered weapons while escorting 

designated radioactive material or other 

property being transported to or from 

the licensee’s or certificate holder’s 

facility (whether intrastate or interstate) 

are responsible for assuring that such 

weapons are maintained in a state of 

loaded readiness and available for 

immediate use while they are 

accompanying the transport. 

To facilitate compliance with these 

guidelines, the NRC’s regulations or 

orders will require licensees and 

certificate holders to keep records 

(capable of being inspected or audited 

by the NRC) relating to the receipt, 

transfer, and transportation of enhanced 

weapons. The records will be required 

to include the following minimum 

information relating to receipt and 

transfer of enhanced weapons: the date 

of receipt of the enhanced weapon; the 

name and address of the person from 

whom the enhanced weapon was 

received; the name of the manufacturer 

and importer (if any) of the enhanced 

weapon; the model, serial number, type, 

and caliber or gauge of the enhanced 

weapon; and for any transfer of an 

enhanced weapon (including sending 

off for repairs) by the licensee or 

certificate holder to another person, the 

name and address of the person to 

whom the enhanced weapon was 

transferred and the date of the transfer. 

The records will be required to include 

the following minimum information 

relating to transportation of enhanced 

weapons: the date of departure of the 

enhanced weapon from, and the date of 

return of the enhanced weapon to, the 

licensee’s or certificate holder’s facility; 

the purpose of the enhanced weapon’s 

transportation; the name of the person 

transporting the enhanced weapon and 

the name of the person/facility to whom 

the enhanced weapon is being 

transported; and the model, serial 

number, type, and caliber or gauge of 

the enhanced weapon. 

7. Termination, Modification, 

Suspension, and Revocation 

The Commission will promulgate 

regulations or issue orders setting forth 

standards for the termination, 

modification, suspension, or revocation 

of the NRC’s approval of a licensee’s or 

certificate holder’s preemption authority 

or enhanced weapons authority and 

preemption authority. Within three (3) 

business days of notifying the licensee 

or certificate holder, the NRC will notify 

ATF of the termination, modification, 

suspension, or revocation of a licensee’s 

or certificate holder’s preemption 

authority or enhanced weapons 

authority and preemption authority. 

Such a notification will be made to the 

position or point of contact designated 

by ATF. The regulations or orders will 

require licensees and certificate holders 

to transfer any enhanced weapons that 

they are no longer authorized to 

lawfully possess under section 161A., or 

that they wish to dispose of, to (1) a 

Federal, State, or local government 

entity; (2) a Federal firearms licensee 

authorized to receive the enhanced 

weapons under applicable law and 

regulations; and (3) other NRC licensees 

and certificate holders subject to section 

161A. that are authorized to receive and 

possess these weapons. Licensees and 

certificate holders may also abandon 

such weapons to ATF. Transfers of such 

enhanced weapons must be made in 

accordance with section 6 of these 

guidelines. 

The regulations or orders will require 

licensees and certificate holders to 

transfer any enhanced weapons (1) prior 

to NRC approval of the termination or 

modification of a licensee’s or certificate 

holder’s authority to possess the 

enhanced weapons under section 161A., 

and (2) as soon as practicable following 

NRC suspension or revocation of the 

licensee’s or certificate holder’s 

authority to lawfully possess enhanced 

weapons under section 161A. 

Licensees and certificate holders who 

have had their preemption authority or 

enhanced weapons and preemption 

authority suspended or revoked may 

reapply for such authority by filing a 

new application for such authority 

under these guidelines. 

Licensees and certificate holders who 

intend to obtain enhanced weapons 

different from the weapons previously 

approved by the NRC must submit to 

the NRC for prior review and approval 

revised physical security plans, training 

and qualification plans, safeguards 

contingency plans, and safety 

assessments addressing the use of these 

different enhanced weapons. 

8. Definitions 

(a) As used in these guidelines— 

Adverse firearms background check 

means a firearms background check that 

has resulted in a ‘‘denied’’ or ‘‘delayed’’ 

NICS response. 

Covered weapon means any handgun, 

rifle, shotgun, short-barreled shotgun, 

short-barreled rifle, semi-automatic 

assault weapon, machinegun, 

ammunition for any such weapon, or 

large capacity ammunition feeding 

device as specified under section 161A. 

Covered weapons include both 

enhanced weapons and standard 

weapons. 

Enhanced weapon means any shortbarreled shotgun, short-barreled rifle, or 

machinegun. Enhanced weapons do not 

include destructive devices as defined 

in 18 U.S.C. 921(a). Enhanced weapons 

do not include standard weapons. 

Firearms background check means a 

background check by the Attorney 

General pursuant to section 161A. that 

includes a check against the Federal 

Bureau of Investigation’s (FBI’s) 

fingerprint system and the NICS. 

NICS means the National Instant 

Criminal Background Check System 

established by Section 103(b) of the 

Brady Handgun Violence Prevention 

Act, Public Law 103–159, 107 Stat. 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
46806 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

1536, that is operated by the FBI’s 

Criminal Justice Information Services 

Division. 

NICS response means a response 

provided by the FBI as the result of a 

firearms background check against the 

NICS. Such a response may be 

‘‘proceed,’’ ‘‘delayed,’’ or ‘‘denied.’’ 

Standard weapon means any 

handgun, rifle, shotgun, semi-automatic 

assault weapon, or large capacity 

ammunition feeding device. Standard 

weapons do not include enhanced 

weapons. 

Satisfactory firearms background 

check means a firearms background 

check that has resulted in a ‘‘proceed’’ 

NICS response. 

(b) The terms ‘‘handgun, rifle, 

shotgun, short-barreled shotgun, shortbarreled rifle, semi-automatic assault 

weapon, machinegun, ammunition, and 

large capacity ammunition feeding 

device’’ have the same meaning 

provided for these terms in 18 U.S.C. 

921(a). 

(c) The terms ‘‘proceed,’’ ‘‘delayed,’’ 

and ‘‘denied,’’ as used in NICS 

responses, have the same meaning 

provided for these terms in the FBI’s 

regulations in 28 CFR part 25. 

Disclaimer 

These guidelines may not be relied 

upon to create any rights, substantive or 

procedural, enforceable by law by any 

party in any manner, civil or criminal, 

and they do not place any limitations on 

otherwise lawful activities of the 

agencies. 

[FR Doc. E9–21980 Filed 9–10–09; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11868 and #11869] 

New York Disaster #NY–00079 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of New York (FEMA–1857– 

DR), dated September 1, 2009. 

Incident: Severe Storms and Flooding. 

Incident Period: August 8, 2009 

through August 10, 2009. 

Effective Date: September 1, 2009. 

Physical Loan Application Deadline 

Date: November 2, 2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: June 1, 

2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

September 1, 2009, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications at the address 

listed above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: 

Cattaraugus, Chautauqua, Erie. 

The Interest Rates are: 

Percent 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere ................................. 4.500. 

Businesses and Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000. 

The number assigned to this disaster 

for physical damage is 11868B and for 

economic injury is 11869B. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–21846 Filed 9–10–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28896; File No. 812–13631] 

Columbia Funds Series Trust, et al.; 

Notice of Application 

September 4, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application under 

section 6(c) of the Investment Company 

Act of 1940 (‘‘Act’’) for an exemption 

from rule 12d1–2(a) under the Act. 

SUMMARY: Summary of Application: 

Applicants request an order to permit 

registered open-end investment 

companies relying on rule 12d1–2 under 

the Act to invest in certain financial 

instruments. 

Applicants: Columbia Funds Series 

Trust and Columbia Funds Series Trust 

II (together, the ‘‘Trusts’’) and Columbia 

Management Advisors, LLC (the 

‘‘Adviser’’). 

DATES: Filing Dates: The application was 

filed on February 6, 2009 and amended 

on August 25, 2009. 

Hearing or Notification of Hearing: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on September 29, 2009 and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

1090; Applicants, c/o Peter T. Fariel, 

Esq., Bank of America, N.A., MA5–515– 

11–05, One Financial Center, 11th 

Floor, Boston, Massachusetts 02111. 

FOR FURTHER INFORMATION CONTACT: 

Deepak Pai, Senior Counsel, at (202) 

551–6876, or Marilyn Mann, Branch 

Chief, at (202) 551–6821 (Division of 

Investment Management, Office of 

Investment Company Regulation). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm, or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. The Trusts are organized as 

Delaware statutory trusts and are 

registered under the Act as open-end 

management investment companies. 

The Adviser, a limited liability 

company organized under Delaware law 

and an indirect wholly owned 

subsidiary of Bank of America 

Corporation, is registered as an 

investment adviser under the 

Investment Advisers Act of 1940. The 

Adviser serves as the investment adviser 

to each Applicant Fund (as defined 

below). 

2. Applicants request an exemption 

from rule 12d1–2(a) under the Act to the 


cprice-sewell on DSKGBLS3C1PROD with NOTICES