[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Rules and Regulations]
[Pages 31077-31078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08722]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 /
Rules and Regulations
[[Page 31077]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 73
[NRC-2023-0172]
Regulatory Guide: Preemption Authority, Enhanced Weapons
Authority, and Firearms Background Checks
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guide; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Revision 1 to Regulatory Guide (RG) 5.86, ``Preemption Authority,
Enhanced Weapons Authority, and Firearms Background Checks.'' This RG
clarifies reporting and recording of security events and conditions
adverse to security under NRC regulations, ``Physical Protection of
Plants and Materials.''
DATES: Revision 1 to RG 5.86 is available April 24, 2024.
ADDRESSES: Please refer to Docket ID NRC-2023-0172 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0172. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
Revision 1 to RG 5.86 may be found in ADAMS under Accession No.
ML23299A173. The NRC staff's responses to these public comments are
available in ADAMS under Accession No. ML23299A189.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Phil Brochman, Office of Nuclear
Security and Incident Response, telephone: 301-287-3691; email:
[email protected] and Stanley Gardocki, Office of Nuclear
Regulatory Research, telephone: 301-415-1067; email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing a revision in the NRC's ``Regulatory Guide''
series. This series was developed to describe methods that are
acceptable to the NRC staff for implementing specific parts of the
agency's regulations, to explain techniques that the staff uses in
evaluating specific issues or postulated events, and to describe
information that the staff needs in its review of applications for
permits and licenses.
The proposed Revision 1 to RG 5.86 was issued with a temporary
identification of Draft Regulatory Guide, (DG)-5081 (ADAMS Accession
No. ML23198A185). This revision provides additional guidance on
preemption authority, enhanced weapons authority, and firearms
background checks. These new and updated requirements are part of the
NRC's final rule, entitled ``Enhanced Weapons, Firearms Background
Checks, and Security Event Notifications'' (hereafter the Enhanced
Weapons rule), that was published in the Federal Register on March 14,
2023 (88 FR 15864). These provisions are found in the NRC's regulations
under sections 73.15 and 73.17 of title 10 of the Code of Federal
Regulations (CFR).
Revision 1 to RG 5.86 provides acceptable methods that eligible
applicants and licensees (collectively referred to as licensees in this
RG) may use to request and use either stand-alone preemption authority
or combined preemption authority and enhanced weapons authority and to
conduct related firearms background checks. Revision 1 also includes
examples, considerations, and guidance to assist licensees and their
security personnel in understanding their responsibilities in
implementing the provisions of 10 CFR 73.15 and 10 CFR 73.17.
II. Additional Information
The NRC published a notice of availability of DG-5081 in the
Federal Register on October 30, 2023 (88 FR 74070) for a 45-day public
comment period. The public comment period closed on December 14, 2023.
The NRC staff made changes to DG-5081 in response to public comments.
The NRC staff's responses to these public comments are available in
ADAMS under Accession No. ML23299A189. Additionally, the NRC staff made
a change to correct an unintentional omission in DG-5081, Section B,
Topic ``Firearms Background Checks.''
As noted in the Federal Register on December 9, 2022 (87 FR 75671),
this document is being published in the ``Rules'' section of the
Federal Register to comply with publication requirements under 1 CFR
chapter I.
III. Congressional Review Act
This RG is a rule as defined in the Congressional Review Act (5
U.S.C. 801-808). However, the Office of Management and Budget has not
found it to be a major rule as defined in the Congressional Review Act.
IV. Backfitting, Forward Fitting, and Issue Finality
Issuance of RG 5.86 Revision 1, does not constitute backfitting as
defined in 10 CFR 72.62, ``Backfitting,'' 10 CFR
[[Page 31078]]
70.76, ``Backfitting,'' 10 CFR 50.109, ``Backfitting,'' and as
described in NRC Management Directive (MD) 8.4, ``Management of
Backfitting, Forward Fitting, Issue Finality, and Information
Requests'' (ADAMS Accession No. ML18093B087); does not constitute
forward fitting as that term is defined and described in MD 8.4; and
does not affect the issue finality of any approval issued under 10 CFR
part 52, ``Licenses, Certificates, and Approvals for Nuclear
Powerplants.''
V. Submitting Suggestions for Improvement of Regulatory Guides
A member of the public may, at any time, submit suggestions to the
NRC for improvement of existing RGs or for the development of new RGs.
Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html.
Suggestions will be considered in future updates and enhancements to
the ``Regulatory Guide'' series.
Dated: April 18, 2024.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2024-08722 Filed 4-23-24; 8:45 am]
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