[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Proposed Rules]
[Pages 6086-6087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1784]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2011-0015]
RIN 3150-AI49


Draft Regulatory Guide: Issuance, Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Availability of Draft Regulatory Guide.

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SUMMARY: The U.S. Nuclear Regulatory Commission (Commission or NRC) is 
issuing for public comment Draft Regulatory Guide, DG-5020, ``Applying 
for Enhanced Weapons Authority, Applying for Preemption Authority, and 
Accomplishing Firearms Background Checks under 10 CFR Part 73.'' The 
DG-5020 is a proposed new regulatory guide. This guide describes 
methods that the staff or NRC considers acceptable for licensees and 
certificate holders to comply with the Commission's regulations 
implementing the provisions of Section 161A, ``Use of Firearms by 
Security Personnel,'' of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2201a), that are found in the proposed Title 10 of the Code of 
Federal Regulations (10 CFR) 73.18, ``Authorization for use of Enhanced 
Weapons and Preemption of Firearms Laws,'' and 10 CFR 73.19, ``Firearms 
Background Checks for Armed Security Personnel.''

DATES: Submit comments on Draft Regulatory Guide, DG-5020, May 4, 2011. 
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 one of the following methods. 
Please include Docket ID: NRC-2011-0015 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site at 
http://www.regulations.gov. Because your comments will not be edited to 
remove any identifying or contact information, the NRC cautions you 
against including any information in your submission that you do not 
want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    To ensure efficient and complete comment resolution, you should 
reference the section and page numbers of DG-5020 to which the comment 
applies.
    Federal rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID: NRC-2011-0015. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668; e-mail: [email protected].
    Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and 
Directives Branch (RADB), Division of Administrative Services, Office 
of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, or by fax to RADB at 301-492-
3446.
    You can access publicly available documents related to this 
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied, for a fee, publicly available documents at the NRC's PDR, Room 
O-1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected]. The DG-5020 is available electronically under 
ADAMS Accession Number ML100321956. In addition, electronic copies of 
DG-5020 are available through the NRC's public Web site under Draft 
Regulatory Guides in the ``Regulatory Guides'' collection of the NRC's 
Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections/.
    Federal rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching for documents filed under Docket ID: 
NRC-2011-0015.

FOR FURTHER INFORMATION CONTACT: Philip G. Brochman, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6557; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The NRC is issuing for public comment a draft regulatory guide in 
the agency's ``Regulatory Guide'' series. This series was developed to 
describe and make available to the public such information as methods 
that are acceptable to the NRC staff for implementing specific parts of 
the NRC's regulations, techniques that the staff uses in evaluating 
specific problems or postulated accidents, and data that the staff 
needs in its review of applications for permits and licenses.
    The draft regulatory guide is temporarily identified by its task 
number, DG-5020, which should be mentioned in all related 
correspondence. The DG-5020 is a proposed new regulatory guide.
    This guide describes methods that the staff or NRC considers 
acceptable for licensees and certificate holders to comply with the 
Commission's regulations implementing the provisions of Section 161A, 
``Use of Firearms by Security Personnel,'' of the Atomic Energy Act of 
1954, as amended (42 U.S.C. 2201a), that are found in the proposed 10 
CFR 73.18 and 10 CFR 73.19. See the proposed rule (Docket ID: NRC-2011-
0018) published elsewhere in today's Federal Register.
    Section 161A provides authority for the Commission to designate 
classes of facilities, radioactive material, and other property, as 
appropriate, for licensees and certificate holders to (1) transfer, 
receive, possess, transport, import, and use enhanced weapons and (2) 
preempt

[[Page 6087]]

State, local, and certain Federal firearms laws (including 
regulations). In addition, Section 161A mandates that each security 
officer complete a satisfactory fingerprint-based firearms background 
check by the U.S. Attorney General for designated classes of 
facilities, radioactive material, and other property, where the 
affected licensee's or certificate holder's protective strategy employs 
firearms and the officer's official duties require access to any 
covered weapon. The NRC is issuing DG-5020 for comment in conjunction 
with DG-5019, ``Reporting and Recording Safeguards Events,'' and the 
associated proposed rule. See the DG-5019 (Docket ID: NRC-2011-0014) 
proposed elsewhere in today's Federal Register.
    Regulatory guides are not copyrighted, and Commission approval is 
not required to reproduce them.

    Dated at Rockville, Maryland, this 12th day of January 2011.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide Development Branch, Division of Engineering, 
Office of Nuclear Regulatory Research.
[FR Doc. 2011-1784 Filed 2-2-11; 8:45 am]
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