Regulatory Guide: Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks

Regulatory Guide: Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks

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 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.