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