ML23299A189
| ML23299A189 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/2024 |
| From: | Phil Brochman NRC/NSIR/DPCP/MSB |
| To: | |
| Shared Package | |
| ML23299A168:ML23299A169 | List: |
| References | |
| RG 5.86 Rev 1 DG-5081 | |
| Download: ML23299A189 (3) | |
Text
Page 1 of 3 Response to Public Comments on Draft Regulatory Guide (DG)-5081 Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks Proposed Revision 1 of Regulatory Guide (RG) 5.86 On October 30, 2023, the NRC published a notice in the Federal Register (88 FR 74070) that Draft Regulatory Guide, (DG)-5081, Proposed Revision 1 of RG 5.86, Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks, was available for public comment. The Public Comment period ended on December 14, 2023. The NRC received comments from the organizations listed below. The NRC has combined the comments and NRC staff responses in the following table.
Comments were received from the following:
Charlotte Shields, Senior Project Manager, Nuclear Security & Incident Preparedness Nuclear Generation Division Nuclear Energy Institute (NEI) 1776 I Street NW, Suite 400 Washington DC 20006 ADAMS Accession No. ML23348A073 David T. Gudger, Sr. Manager, Licensing Constellation Energy Generation, LLC 200 Exelon Way Kennett Square, PA 19348 ADAMS Accession No. ML23348A074 Commenter Section Specific Comments NRC Resolution DG-5081, Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks CEG-1 (Gudger)
General Constellation Energy Generation (CEG) submitted a letter stating that it has provided its comments to the Nuclear Energy Institute (NEI) in support of their efforts to consolidate comments for the industry related to these draft RGs. CEG fully endorses the comments submitted by NEI concerning these draft RGs, including DG-5081.
CEG did not provide separate specific comments on DG-5081 to the NRC. Therefore, this letter does not raise a comment that requires a response from the NRC.
NEI Cover letter Comment 1 (Sheilds)
The guidance appears to allow a licensee to not make an NRC notification if an affected individual reports a disqualifying event or condition to security management within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />; this understanding contradicts the notification requirement in 10 CFR 73.17(g)(2).
The NEI cover letter contained the subject comment that is substantially the same as the related comment set forth in Attachment 2, Comment 1. The NRC has addressed this comment in its response to Att. 2, Comment 1.
Therefore, the NRC is not providing a response to this comment here.
Page 2 of 3 Commenter Section Specific Comments NRC Resolution NEI Att. 2, Comment 1 Page 18 - second to last paragraph, last sentence starting with However However, under the exception in 10 CFR 73.17(g)(2),
licensees are not required to notify the NRC if the affected individual (i.e., security personnel) notifies the licensees security management within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> of the identification or occurrence of any Federal or State disqualifying status condition or disqualifying event that would prohibit the individual from possessing, receiving, or using firearms or ammunition.
The exception provided in the RG does not exist in 10 CFR 73.17(g)(2).
Remove this exception from the RG so it aligns with 10 CFR 73.17.
The NRC agrees with the comment. The NRC agrees that the 72-hour exception provision mentioned in DG-5081, Section B, Topic Firearms Background Checks, page 18, 2nd paragraph (beginning with Under 10 CFR 73.17(g)(1)), 3rd sentence (beginning with However, under the exception in 10 CFR 73.17(g)(2),) is incorrect.
The 72-hour exception provision was removed in the final rule and this change was not reflected in the final Revision 0 to RG 5.86. Accordingly, the NRC has revised the final Revision 1 to RG 5.86, Section B, Topic Firearms Background Checks, page 18, second paragraph, to delete the third sentence referencing a 72-hour exception.
NEI Att. 2, Comment 2 Page 40 - section 6.8, Training Security Personnel on Disqualifying Events and Appealing Adverse Firearms Background Checks captures training required to be included within their NRC-approved training and qualification plans per 10 CFR 73.17(j).
The discussion in DG-5081 is not clear on which requirements under 10 CFR 73.17(j) require training on an annual frequency.
Recommended change:
The NRC regulations in 10 CFR 73.17(j) set forth the requirements for licensees to include, within their NRC-approved training and qualification plans, information on the identification or occurrence of any Federal or State disqualifying status conditions or disqualifying events that would prohibit personnel from possessing, receiving, The NRC agrees with the comment. The NRC has revised the final Revision 1 to RG 5.86, Section C, Staff Regulatory Guidance position 6.8, to delete the sentence recommended by the commenter and add the suggested stand-alone paragraph addressing annual training requirements to the end of position 6.8, with minor modifications. The stand-alone paragraph now reads as follows:
The training requirements established under 10 CFR 73.17(j) must be provided to applicable security personnel on an annual basis. (Licensees should refer to Appendix B to 10 CFR Part 73, Section II.E or Section VI.A.7, as applicable, regarding the timing of required annual training.)
Page 3 of 3 Commenter Section Specific Comments NRC Resolution or using firearms or ammunition. This training must be provided to affected security personnel on an annual basis.
This training requirement is intended to assist security personnel in understanding their continuing obligation to promptly report disqualifying conditions or events and thus to encourage self-identification as required by 10 CFR 73.17(h). The obligation to report disqualifying status conditions and disqualifying events remains as long as the security personnels official duties require access to covered weapons.
Licensees must also provide security personnel with information on how to appeal a denied NICS response to the FBI or to provide the FBI with additional information to resolve a delayed NICS response. (See Staff Regulatory Guidance position 6.13 for additional information).
The training requirements established under 10 CFR 73.17(j) must be provided to affected security personnel on an annual basis. (Reference 10 CFR 73, Appendix B.
VI. A. 7.)
The minor editorial corrections include changing the word affected to applicable and adding a reference to Appendix B to 10 CFR Part 73, Section II.E, which applies to affected licensees other than power reactors.