Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 73769 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

[NRC–2023–0173] 

Draft Regulatory Guide: Suspicious 

Activity Reports 

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–5082, ‘‘Suspicious Activity 

Reports.’’ This DG–5082 is proposed 

Revision 1 of Regulatory Guide (RG) 

5.87 of the same name. This DG 

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: 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–2023–0173. 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. 

• 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– 

0173 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–2023–0173. 

• 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–5082, 

‘‘Suspicious Activity Reports under 10 

CFR part 73,’’ and its associated 

regulatory analysis are available in 

ADAMS under Accession No. 

ML23198A151 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–2023–0173 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. 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 ‘‘Suspicious Activity 

Reports Under 10 CFR part 73,’’ is 

temporarily identified by its task 

number, DG–5082. 

Proposed Revision 1 to RG 5.87 is 

being revised on a limited-scope basis to 

provide additional guidance on 

suspicious activity reporting. These new 

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). 

The NRC has determined that 

licensees’ timely submission of 

suspicious activity reports to the NRC 

and to law enforcement is an important 

part of the U.S. government’s efforts to 

disrupt or dissuade malevolent acts 

against the nation’s critical 

infrastructure. Despite the increasingly 

fluid and unpredictable nature of the 

threat environment, some elements of 

terrorist tactics, techniques, and 

procedures remain constant. For 

example, attack planning and 

preparation generally proceed through 

several predictable stages, including 

intelligence gathering and pre-attack 

surveillance. Reporting suspicious 

activities that could be indicative of 

preoperational surveillance or 

reconnaissance efforts, challenges to 

security systems and protocols, or 

elicitation of non-public information 

related to security or emergency 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73770 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 

response programs, offer law 

enforcement and security personnel the 

greatest opportunity to disrupt or 

dissuade acts of terrorism before they 

occur. Additionally, licensees’ timely 

submission of suspicious activity 

reports to the NRC supports one of the 

agency’s primary mission essential 

functions of threat assessment for 

licensed facilities, materials, and 

shipping activities. 

Following the publication of the final 

rule and RG 5.87, 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 5.87 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 5.87 will be of value. 

Accordingly, the NRC staff is proposing 

to conduct limited-scope revisions to 

RG 5.87 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–5082, 

staff notes the following changes have 

been proposed: 

Section B, ‘‘Discussion’’ Topics 

• ‘‘Reason for Issuance’’—updated to 

clarify rationale for RG changes. 

• ‘‘Reporting Timeliness and Order of 

Precedence,’’ item number 4 and Note— 

updated to clarify Federal Aviation 

Administration (FAA) facility. 

• ‘‘Reporting Timeliness and Order of 

Precedence,’’ paragraphs 2–5—updated 

to clarify FAA reporting requirements. 

Section C, ‘‘Staff Regulatory Guidance’’ 

• Position 5.2, ‘‘Challenges to 

Licensee’s Security Systems and 

Procedures—Facilities,’’ paragraph 3— 

clarifies exceptions to the reporting 

requirements. 

Appendix A, ‘‘Suspicious AviationRelated Activities’’ 

• A–2.1, ‘‘Coordination with the 

FAA, paragraph 2’’—modified 

expectations regarding licensee’s 

ongoing awareness of Notice to Airman 

advisories. 

• A–3, ‘‘Assessing Potentially 

Suspicious Aviation-Related Activity’’— 

modified the applicable FAA facility to 

be notified of suspicious aviationrelated activity. 

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–5082 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,’’ nor does the NRC staff 

intend to use the guidance to affect the 

issue finality of an approval under 10 

CFR part 52, ‘‘Licenses, Certifications, 

and Approvals for Nuclear Power 

Plants.’’ The staff also does not intend 

to use the guidance to support NRC staff 

actions in a manner that 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. 2023–23796 Filed 10–26–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Parts 3, 6, 32 

[Docket ID OCC–2023–0008] 

RIN 1557–AE78 

FEDERAL RESERVE SYSTEM 

12 CFR Parts 208, 217, 225, 238, 252 

[Docket No. R–1813] 

RIN 7100–AG64 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 324 

RIN 3064–AF29 

Regulatory Capital Rule: Large 

Banking Organizations and Banking 

Organizations With Significant Trading 

Activity; Extension of Comment Period 

AGENCY: Office of the Comptroller of the 

Currency, Treasury; the Board of 

Governors of the Federal Reserve 

System; and the Federal Deposit 

Insurance Corporation. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On September 18, 2023, the 

Board of Governors of the Federal 

Reserve System (Board), the Federal 

Deposit Insurance Corporation (FDIC), 

and the Office of the Comptroller of the 

Currency (OCC) (collectively, the 

agencies) published in the Federal 

Register a proposal to substantially 

revise the capital requirements 

applicable to large banking 

organizations and to banking 

organizations with significant trading 

activity. The agencies have determined 

that an extension of the comment period 

until January 16, 2024, is appropriate. 

DATES: Comments must be received by 

January 16, 2024. 

ADDRESSES: Comments should be 

directed to: 

OCC: Commenters are encouraged to 

submit comments through the Federal 

eRulemaking Portal. Please use the title 

‘‘Regulatory Capital Rule: Large Banking 

Organizations and Banking 

Organizations With Significant Trading 

Activity’’ to facilitate the organization 

and distribution of the comments. You 

may submit comments by any of the 

following methods: 

• Federal eRulemaking Portal— 

Regulations.gov: 

Go to https://regulations.gov/. Enter 

‘‘Docket ID OCC–2023–0008’’ in the 


ddrumheller on DSK120RN23PROD with PROPOSALS1