Regulatory Guide: Suspicious Activity Reports, 42767-42768 [2024-10732]

Download as PDF 42767 Rules and Regulations Federal Register Vol. 89, No. 96 Thursday, May 16, 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–2023–0173] Regulatory Guide: Suspicious Activity Reports Nuclear Regulatory Commission. ACTION: Final guide; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 5.87, ‘‘Suspicious Activity Reports.’’ This RG provides an approach acceptable to the NRC staff for licensees to use for reporting suspicious activity under NRC regulations, ‘‘Physical Protection of Plants and Materials’’, to local law enforcement, the Federal Bureau of Investigation, the NRC, and the Federal Aviation Administration. DATES: Revision 1 to RG 5.87 is available on May 16, 2024. ADDRESSES: Please refer to Docket ID NRC–2023–0173 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–2023–0173. 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 ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:01 May 15, 2024 Jkt 262001 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 5.87 and the regulatory analysis may be found in ADAMS under Accession Nos. ML23299A172 and ML23200A284, respectively. 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. Proposed Revision 1 to RG 5.87, ‘‘Suspicious Activity Reports Under 10 CFR part 73,’’ was issued with a temporary identification of Draft Regulatory Guide, (DG)-5082 (ADAMS Accession No. ML23198A151). This revision of the guide (Revision 1) provides additional guidance on suspicious activity reporting. These new and updated requirements are part of the NRC’s final rule, titled ‘‘Enhanced PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 section 73.1215 of title 10 of the Code of Federal Regulations (10 CFR). Revision 1 to RG 5.87 provides acceptable methods that eligible applicants and licensees (collectively referred to as licensees in this RG) may use for reporting suspicious activity under NRC regulations. These provisions are found in the NRC’s regulations under section 10 CFR 73.1215. Revision 1 to RG 5.87 provides guidance to applicants and licensees regarding an acceptable approach for reporting suspicious activity to local law enforcement agencies, the Federal Bureau of Investigation, the NRC, and the Federal Aviation Administration. Revision 1 to RG 5.87 also includes examples, considerations, and guidance to assist licensees in understanding their responsibilities in implementing 10 CFR 73.1215 requirements. II. Additional Information The NRC published a notice of availability of DG–5082 in the Federal Register on October 27, 2023 (88 FR 73769) for a 45-day public comment period. The public comment period closed on December 11, 2023. The NRC staff made changes to DG–5082 in response to public comments. NRC staff responses to public comments on DG– 5082 are available in ADAMS under Accession No. ML23299A192. In addition to the public comments received on DG–5082, the NRC received a public comment on DG–5080, ‘‘Proposed Revision 3 to Regulatory Guide 5.62, ‘Physical Security Event Notifications, Reports, and Records,’’’ regarding guidance on the topic of the term ‘‘Time of discovery.’’ Guidance on the term ‘‘Time of discovery’’ was also included in DG–5082. Accordingly, the NRC has made conforming changes to the guidance in Revision 1 to RG 5.87 regarding the term ‘‘Time of discovery’’ that are consistent with Revision 3 to RG 5.62 on this same term. 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 E:\FR\FM\16MYR1.SGM 16MYR1 42768 Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Rules and Regulations to comply with publication requirements under 1 CFR chapter I. III. Congressional Review Act This RG is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). IV. Backfitting, Forward Fitting, and Issue Finality Issuance of RG 5.87, Revision 1 does not constitute backfitting as defined in 10 CFR 72.62, ‘‘Backfitting’’; 10 CFR 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). Also, issuance of RG 5.87, Revision 1 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: May 13, 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. 2024–10732 Filed 5–15–24; 8:45 am] BILLING CODE 7590–01–P FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1293 RIN 2590–AB29 ddrumheller on DSK120RN23PROD with RULES1 Fair Lending, Fair Housing, and Equitable Housing Finance Plans Federal Housing Finance Agency. ACTION: Final rule. AGENCY: The Federal Housing Finance Agency (FHFA or the Agency) is issuing this final rule that addresses barriers to sustainable housing opportunities for SUMMARY: VerDate Sep<11>2014 17:01 May 15, 2024 Jkt 262001 underserved communities by codifying existing FHFA practices in regulation and adding new requirements related to fair lending, fair housing, unfair or deceptive acts or practices, and Equitable Housing Finance Plans. The final rule furthers FHFA’s fulfillment of its statutory purposes and its oversight of the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal Home Loan Banks (Banks) (Fannie Mae and Freddie Mac collectively, the Enterprises; the Enterprises and the Banks collectively, the regulated entities), and their fulfillment of their statutory purposes. DATES: This rule is effective on July 15, 2024, except for subpart D to part 1293 (amendatory instruction 2), which will become effective on February 15, 2026. FOR FURTHER INFORMATION CONTACT: Renita Roberts, Policy Analyst, Office of Fair Lending Oversight, (202) 809–2610, Renita.Roberts@fhfa.gov, Federal Housing Finance Agency, Constitution Center, 400 7th Street SW, Washington, DC 20219; or Lindsey Cope, Attorney Advisor, Office of Fair Lending Oversight, (202) 875–4047, Lindsey.Cope@fhfa.gov. These are not toll-free numbers. For TTY/TRS users with hearing and speech disabilities, dial 711 and ask to be connected to any of the contact numbers above. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Background B. Overview of the Proposed Rule II. Discussion of Comments and Agency Response A. Overview of Comments Received B. Unfair or Deceptive Acts or Practices C. Board Standards and Responsibilities D. Certification of Compliance E. Mission-Specific Board Standards and Responsibilities F. Determination Not To Designate Enterprise Equitable Housing Finance Planning as a Prudential Management and Operations Standard G. Determination Not To Define ‘‘Equity’’ H. Resource Disclosures I. Public Engagement J. Program Evaluation K. Reporting on Bank Voluntary Actions To Address Barriers to Sustainable Housing Opportunities L. Data Collection M. Authority and Consistency With Law III. Summary of Changes in the Final Rule A. Section 1293.1(d), Severability Clause B. Section 1293.12(a), Reports, Data, and Certification C. Section 1293.12(b), Certification of Compliance D. Section 1293.21, General E. Section 1293.23, Resource Disclosures, Additions, and Clarifying Edits PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 F. Section 1293.27, Program Evaluation G. Section 1293.31, Federal Home Loan Bank Equitable Housing Finance Planning IV. Consideration of Differences Between the Banks and the Enterprises V. Regulatory Analyses A. Paperwork Reduction Act B. Regulatory Flexibility Act C. Congressional Review Act I. Introduction Federal agency oversight of fair housing, fair lending, and other relevant laws, as well as strategic planning to address barriers faced by renters and borrowers, are important in promoting sustainable housing opportunities 1 for underserved communities.2 The final rule addresses barriers to sustainable housing opportunities for underserved communities by codifying existing FHFA practices in regulation and adding new requirements. Collectively, the actions in the final rule will improve FHFA’s fulfillment of its statutory purposes and its oversight of the regulated entities and their fulfillment of their statutory purposes. The final rule codifies in regulation much of FHFA’s existing practices and programs regarding fair housing and fair lending oversight of its regulated entities, the Equitable Housing Finance Plan program for the Enterprises, and requirements for the Enterprises to collect and report language preference, homeownership education, and housing counseling information. The final rule makes changes to the Equitable Housing Finance Plan program to promote greater accountability for the Enterprises and public transparency, adds oversight of unfair or deceptive acts or practices to FHFA’s fair housing and fair lending oversight programs, requires additional certification of compliance by the regulated entities, and establishes more precise standards related to fair housing, fair lending, and principles of equitable housing for regulated entity boards of directors (boards). The final rule also establishes a requirement for the Banks 1 Sustainable housing opportunity is defined more completely later in the final rule, but generally encompasses rental or homeownership opportunities that include one or more characteristics important to the needs of a tenant or homeowner. 2 Underserved community is defined more completely later in the final rule, but generally encompasses a group of people with shared characteristics or an area that is subject to current discrimination or has been subjected to past discrimination that has or has had continuing adverse effects on the group’s or area’s participation in the housing market, historically has received or currently receives a lower share of the benefits of Enterprise programs and activities providing sustainable housing opportunities, or that otherwise has had difficulty accessing these benefits compared with groups of people without the shared characteristic or other areas. E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42767-42768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10732]



========================================================================
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. 96 / Thursday, May 16, 2024 / Rules 
and Regulations

[[Page 42767]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2023-0173]


Regulatory Guide: Suspicious Activity Reports

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 to Regulatory Guide (RG) 5.87, ``Suspicious Activity 
Reports.'' This RG provides an approach acceptable to the NRC staff for 
licensees to use for reporting suspicious activity under NRC 
regulations, ``Physical Protection of Plants and Materials'', to local 
law enforcement, the Federal Bureau of Investigation, the NRC, and the 
Federal Aviation Administration.

DATES: Revision 1 to RG 5.87 is available on May 16, 2024.

ADDRESSES: Please refer to Docket ID NRC-2023-0173 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-2023-0173. 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 5.87 and the regulatory analysis may be found in 
ADAMS under Accession Nos. ML23299A172 and ML23200A284, respectively.
    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.
    Proposed Revision 1 to RG 5.87, ``Suspicious Activity Reports Under 
10 CFR part 73,'' was issued with a temporary identification of Draft 
Regulatory Guide, (DG)-5082 (ADAMS Accession No. ML23198A151).
    This revision of the guide (Revision 1) provides additional 
guidance on suspicious activity reporting. These new and updated 
requirements are part of the NRC's final rule, titled ``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 section 73.1215 of title 10 of the 
Code of Federal Regulations (10 CFR). Revision 1 to RG 5.87 provides 
acceptable methods that eligible applicants and licensees (collectively 
referred to as licensees in this RG) may use for reporting suspicious 
activity under NRC regulations. These provisions are found in the NRC's 
regulations under section 10 CFR 73.1215. Revision 1 to RG 5.87 
provides guidance to applicants and licensees regarding an acceptable 
approach for reporting suspicious activity to local law enforcement 
agencies, the Federal Bureau of Investigation, the NRC, and the Federal 
Aviation Administration. Revision 1 to RG 5.87 also includes examples, 
considerations, and guidance to assist licensees in understanding their 
responsibilities in implementing 10 CFR 73.1215 requirements.

II. Additional Information

    The NRC published a notice of availability of DG-5082 in the 
Federal Register on October 27, 2023 (88 FR 73769) for a 45-day public 
comment period. The public comment period closed on December 11, 2023. 
The NRC staff made changes to DG-5082 in response to public comments. 
NRC staff responses to public comments on DG-5082 are available in 
ADAMS under Accession No. ML23299A192.
    In addition to the public comments received on DG-5082, the NRC 
received a public comment on DG-5080, ``Proposed Revision 3 to 
Regulatory Guide 5.62, `Physical Security Event Notifications, Reports, 
and Records,''' regarding guidance on the topic of the term ``Time of 
discovery.'' Guidance on the term ``Time of discovery'' was also 
included in DG-5082. Accordingly, the NRC has made conforming changes 
to the guidance in Revision 1 to RG 5.87 regarding the term ``Time of 
discovery'' that are consistent with Revision 3 to RG 5.62 on this same 
term.
    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

[[Page 42768]]

to comply with publication requirements under 1 CFR chapter I.

III. Congressional Review Act

    This RG is not a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808).

IV. Backfitting, Forward Fitting, and Issue Finality

    Issuance of RG 5.87, Revision 1 does not constitute backfitting as 
defined in 10 CFR 72.62, ``Backfitting''; 10 CFR 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). Also, issuance of RG 5.87, Revision 1 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: May 13, 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. 2024-10732 Filed 5-15-24; 8:45 am]
BILLING CODE 7590-01-P


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