[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
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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.

-----------------------------------------------------------------------

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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