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.
Inventory as of this Action
Requested
Previously Approved
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,
“Use of Firearms by Security Personnel” (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