Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 73767 

www.regulations.gov). Please include 

Docket ID NRC–2018–0297 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Discussion 

On July 3, 2023, the NRC solicited 

comments on the regulatory basis for a 

planned rulemaking on ‘‘Rubidium-82 

Generators, Emerging Technologies, and 

Other Medical Use of Byproduct 

Material.’’ The public comment period 

was originally scheduled to close on 

October 31, 2023. By letter dated 

October 19, 2023 (ADAMS Accession 

No. ML23292A176), the Mercurie 

Consulting, LLC; American Association 

of Physicist in Medicine; American 

College of Radiology; American Society 

of Radiation Oncology; and Society of 

Nuclear Medicine and Medical Imaging 

requested that the NRC extend the 

comment period by 45 days. The NRC 

has decided to grant this request and 

extend the public comment period on 

this document until December 15, 2023, 

to allow more time for members of the 

public to submit their comments. 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

website at https://www.regulations.gov 

under Docket ID NRC–2018–0297. In 

addition, the Federal rulemaking 

website allows members of the public to 

receive alerts when changes or additions 

occur in a docket folder. To subscribe: 

(1) navigate to the docket folder (NRC– 

2018–0297); (2) click the ‘‘Subscribe’’ 

link; and (3) enter an email address and 

click on the ‘‘Subscribe’’ link. 

Dated: October 23, 2023. 

For the Nuclear Regulatory Commission. 

Catherine E. Kanatas, 

Acting Deputy Director, Division of 

Rulemaking, Environmental, and Financial 

Support, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2023–23701 Filed 10–26–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

[NRC–2023–0171] 

Draft Regulatory Guide: Physical 

Security Event Notifications, Reports, 

and Records 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft Regulatory Guide (DG), 

DG–5080, ‘‘Physical Security Event 

Notifications, Reports, and Records.’’ 

This DG–5080 is a limited-scope 

proposed Revision 3 of Regulatory 

Guide (RG) 5.62 of the same name. This 

DG provides an approach acceptable to 

the NRC staff for licensees to use for 

reporting and recording of security 

events and conditions adverse to 

security under NRC regulations, 

‘‘Physical Protection of Plants and 

Materials.’’ 

DATES: Submit comments by December 

11, 2023. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0171. 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. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Phil 

Brochman, Office of Nuclear Security 

and Incident Response, telephone: 301– 

287–3691; email: Phil.Brochman@

nrc.gov, or 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. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0171 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0171. 

• 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 

PDR.Resource@nrc.gov. DG–5080, 

‘‘Physical Security Event Notifications, 

Reports, and Records,’’ and its 

associated regulatory analysis are 

available in ADAMS under Accession 

No. ML23198A191 and ML23200A284, 

respectively. 

• 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. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0171 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73768 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG 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 DG, entitled ‘‘Physical Security 

Event Notifications, Reports, and 

Records,’’ is temporarily identified by 

its task number, DG–5080. 

Proposed Revision 3 to RG 5.62 is 

being revised on a limited-scope basis to 

provide additional guidance on physical 

security event notifications, written 

follow-up reports, and recordkeeping of 

security events and other conditions 

adverse to security. 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 § 73.1200 

of title 10 of the Code of Federal 

Regulations, specifically, 10 CFR 

73.1205, and 10 CFR 73.1210. 

Following the publication of the final 

rule and RG 5.62, the NRC staff 

conducted several pre-implementation 

workshops with licensees. The NRC 

staff also participated in industry-led 

forums and symposiums in May and 

June 2023. In these meetings industry 

raised questions about RG 5.62 and 

identified potential inconsistencies and 

areas where additional clarification 

would be beneficial to licensees to 

implement the Enhanced Weapons rule 

effectively and efficiently. The NRC staff 

has reviewed the issues raised by 

industry and agrees that further 

clarification, revision, and 

supplementation of the guidance 

contained in RG 5.62 will be of value. 

Accordingly, the NRC staff is proposing 

to conduct limited-scope revisions to 

RG 5.62 to address these issues, 

including providing notice and 

opportunity for public comment on the 

proposed revisions. 

To assist with stakeholder review of 

the limited scope changes to DG–5080, 

staff notes the following changes have 

been proposed: 

Section B, ‘‘Discussion’’ Topics 

• ‘‘Reason for Revision’’—updated to 

reflect rationale for changes to the RG. 

• ‘‘Establishment of a 

Communications Channel with the 

NRC’’—updated to clarify agency 

requirements for establishing a 

communications channel with the NRC. 

Section C, ‘‘Staff Regulatory Guidance’’ 

• Position 2.1, ‘‘Malevolent Intent 

Considerations’’—added to clarify the 

use of malevolent intent as a screening 

consideration for evaluating whether an 

event is reportable or recordable. 

• Position 2.2, ‘‘Credible Bomb Threat 

Considerations’’—added to separately 

clarify the distinctions in reporting 

expectations for bomb threats. 

• Position 7.1, ‘‘15-Minute Facility 

Notifications,’’ example 4—clarified the 

location of concern regarding the 

discovery of unauthorized explosives or 

incendiary materials that would trigger 

a 15-minute event notification. 

• Position 8.1, ‘‘1-Hour Facility 

Notifications,’’ example 8—clarified a 

licensee’s potential use of malevolent 

intent as a screening factor for 

determining reportability under this 

event. Also, clarified threshold for theft 

or diversion event notification. 

• Position 9.1, ‘‘4-Hour Facility 

Notifications,’’ example 3, paragraph 3 

and Note—clarified how the term ‘‘time 

of discovery’’ applies to the timeliness 

requirements in reporting under this 

event. 

• Position 9.1, ‘‘4-Hour Facility 

Notification,’’ example 3, paragraph 5— 

addressed potential duplications of 

notifications under this event. 

• Position 18.2, ‘‘Recordable Events 

and Conditions Regarding Decreases in 

Effectiveness,’’ example 6—addition of 

controlled access area to existing 

example. 

• Position 18.2, ‘‘Recordable Events 

and Conditions Regarding Decreases in 

Effectiveness,’’ example 9—added 

example regarding the actual or 

attempted introduction of contraband 

where a licensee assessed that no 

malevolent intent was present. 

The staff is also issuing for public 

comment a regulatory analysis (ADAMS 

Accession No. ML23200A284). The staff 

developed a regulatory analysis to 

assess the value of issuing or revising an 

RG, as well as alternative courses of 

action. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Proposed Rules’’ section of the Federal 

Register to comply with publication 

requirements under 1 CFR chapter I. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

Issuance of DG–5080 as a final RG 

would not constitute backfitting as that 

term is defined in 10 CFR 50.109, 

‘‘Backfitting,’’ 10 CFR 70.76, 

‘‘Backfitting,’’ or 10 CFR 72.62, 

‘‘Backfitting’’; and as described in NRC 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests,’’ to affect the issue finality of 

an approval issued under 10 CFR part 

52, ‘‘Licenses, Certifications, and 

Approvals for Nuclear Power Plants;’’ or 

constitutes forward fitting as that term 

is defined and described in MD 8.4 

because reporting requirements are not 

included within the scope of the NRC’s 

backfitting or issue finality rules or 

forward fitting policy. 

IV. 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: October 24, 2023. 

For the Nuclear Regulatory Commission 

Stephen M. Wyman, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–23794 Filed 10–26–23; 8:45 am] 

BILLING CODE 7590–01–P 


ddrumheller on DSK120RN23PROD with PROPOSALS1