Regulatory Guide: Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks, 31077-31078 [2024-08722]

Download as PDF 31077 Rules and Regulations Federal Register Vol. 89, No. 80 Wednesday, April 24, 2024 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. NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 [NRC–2023–0172] Regulatory Guide: Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks Nuclear Regulatory Commission. ACTION: Final guide; issuance. AGENCY: 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.’’ SUMMARY: 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: Stacy.Schumann@nrc.gov. 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 khammond on DSKJM1Z7X2PROD with RULES DATES: VerDate Sep<11>2014 15:31 Apr 23, 2024 Jkt 262001 ‘‘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 PDR.Resource@nrc.gov. 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 PDR.Resource@nrc.gov 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: Phil.Brochman@ nrc.gov and Stanley Gardocki, Office of Nuclear Regulatory Research, telephone: 301–415–1067; email: Stanley.Gardocki@nrc.gov. 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 standalone 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 E:\FR\FM\24APR1.SGM 24APR1 31078 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Rules and Regulations 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/readingrm/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] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 34 [Docket No.: FAA–2023–2434; Amdt. No. 34–7] RIN 2120—AL83 Control of Non-Volatile Particulate Matter From Aircraft Engines: Emission Standards and Test Procedures Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: This action adopts standards for measuring non-volatile particulate matter (nvPM) exhaust emissions from aircraft engines. With this rulemaking, the FAA implements the nvPM emissions standards adopted by the Environmental Protection Agency (EPA), allowing manufacturers to certificate engines to the new nvPM emissions standards in the United States, and fulfilling the statutory khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:31 Apr 23, 2024 Jkt 262001 obligations of the FAA under the Clean Air Act. DATES: This rule is effective May 24, 2024. The incorporation by reference of a certain publication listed in this rule is approved by the Director of the Federal Register as of May 24, 2024. The incorporation by reference of a certain other publication listed in this rule was approved by the Director of the Federal Register as of December 31, 2012 (77 FR 76842). Comments on this rule must be received by June 24, 2024. ADDRESSES: You may send comments identified by docket number using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or visit Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Ralph Iovinelli, Office of Environment and Energy (AEE–300), Federal Aviation Administration, 800 Independence Ave SW, Washington DC 20591; telephone (202) 267–3566; email Ralph.Iovinelli@faa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Authority for This Rulemaking The FAA’s authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. The Clean Air Act Amendments of 1970, title 42 of the United States Code, Chapter 85, Subchapter II, part B, Section 7572, grant the Secretary of Transportation the authority to ensure compliance with aviation emission standards adopted by the United States EPA. Further, 49 CFR 1.83(c) delegates to the FAA Administrator the authority to ‘‘[C]arry out the functions vested in the Secretary by part B of title II of the Clean Air Act.’’ This rulemaking adopts regulations to enforce the standards adopted by the EPA under its authority in the Clean Air Act (the Act) in 40 CFR part 1031 at the time of aircraft certification to control certain emissions from airplane engines. This rulemaking is issued under 42 U.S.C. 7572 and 49 CFR 1.83(c). Good Cause Statement Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553) requires Federal agencies to publish a notice of proposed rulemaking unless ‘‘. . . the agency for good cause finds (and incorporates the finding in a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impractical, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. This rule adopts the procedures necessary for the FAA to implement the regulatory emissions limits and test requirements (together referred to as standards) for nvPM emitted by aircraft engines adopted by the EPA under 42 U.S.C. 7571 (sec. 231 of the Act) (87 FR 72312, November 23, 2022) that were effective December 31, 2022. These standards are set forth in 40 CFR part 1031. The FAA is statutorily required (see 42 U.S.C. 7572 (sec. 232 of the Act)) to incorporate the EPA’s nvPM emissions standards into its regulations (14 CFR part 34) and apply the regulatory requirements that will allow applicants to demonstrate compliance with the emissions standards at the time of engine airworthiness certification. The FAA has no authority to alter the standards (emission limits and test requirements) adopted by the EPA for engine emissions in 40 CFR part 1031. The emission standards adopted by the EPA in 40 CFR part 1031 represent the results of widely coordinated E:\FR\FM\24APR1.SGM 24APR1

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NUCLEAR REGULATORY COMMISSION

[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]



========================================================================
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. 

========================================================================


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]
BILLING CODE 7590-01-P

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