[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Rules and Regulations]
[Pages 79837-79844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32954]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 7

RIN 3150-AH02


Federal Advisory Committee Act Regulations

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations on the Federal Advisory Committee Act (FACA) to conform 
with General Services Administration regulations. In this final rule, 
the Commission clarifies its practices regarding Federal advisory 
committee exemptions from the FACA requirements.

EFFECTIVE DATE: January 30, 2003.

FOR FURTHER INFORMATION CONTACT: John Szabo, Senior Attorney, Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, 
D.C. 20555-0001, telephone 301-415-1610, e-mail [email protected].

SUPPLEMENTARY INFORMATION:
I. Background
II. Voluntary Consensus Standards
III. Finding of No Significant Environmental Impact: Categorical 
Exclusion
IV. Paperwork Reduction Act Statement
V. Regulatory Analysis
VI. Regulatory Flexibility Certification
VII. Backfit Analysis
VIII. Small Business Regulatory Enforcement Fairness Act

I. Background

    In 1972, the Congress enacted the Federal Advisory Committee Act 
(Pub. L. 92-463, 5 U.S.C. App.) to regulate the formation and operation 
of advisory committees by Federal agencies. Section 7(c) of the Act 
requires the Administrator of the General Services Administration (GSA) 
to establish administrative guidelines and management controls 
applicable to advisory committees. Section 8(a) of the Act directs the 
head of each Federal agency to establish uniform administrative 
guidelines and management controls for advisory committees established 
by that agency. Agency guidelines and management controls must be 
consistent with GSA's directives.
    In 1975, the NRC promulgated its Advisory Committee regulations as 
10 CFR part 7 (40 FR 8774; March 3, 1975). A revision of Part 7 was 
published on June 27, 1989 (54 FR 26947), in order to maintain 
consistency between NRC and GSA FACA regulations, which had been issued 
on December 2, 1987 (52 FR 45929). The GSA issued a revision of its 
regulations, effective August 20, 2001 (66 FR 37728; July 19, 2001), 
providing administrative and interpretive guidelines and management 
controls for Federal agencies concerning the implementation of the Act. 
GSA's new regulations reflect recent legislative changes, shifts in 
Federal policy, and Federal court decisions issued since the GSA 
regulations were issued in 1987.
    The Commission determined that NRC's advisory committee regulations 
should be revised to make them more consistent with the new GSA FACA 
regulations. On August 8, 2002, the Commission published for public 
comment a proposed rule revising its FACA Regulations (67 FR 51501). 
The NRC received no comments and is now publishing its proposal as a 
final rule.
    The following are the most significant changes that are made to 
current NRC regulations by this final rule:
    1. The meetings of NRC advisory committee subcommittees are 
exempted from FACA requirements unless the subcommittee reports and 
makes recommendations directly to the agency or its recommendations are 
adopted by its parent advisory committee without full deliberations by 
the parent committee.
    2. There is an exemption from FACA requirements for meetings 
composed only of Federal employees and officials or employees of State, 
local, and tribal governments to exchange views,

[[Page 79838]]

information, or advice on the management or implementation of Federal 
programs in which they share responsibilities, as provided in section 
204(b) of the Unfunded Mandates Act of 1995.
    3. There is an exemption from FACA requirements for meetings 
between NRC employees and committees or groups not actually managed or 
controlled by the Government which were created by a non-Federal entity 
and meetings with NRC contractors, applicants, or licensees to discuss 
specific matters involving the contract or the Commission's efforts to 
ensure compliance with regulations.
    4. The definition of a ``utilized'' committee is amended to mean a 
group or committee not established by the Federal Government but whose 
operations are managed or controlled by a Federal agency.
    5. There is a de-emphasis of the goal of achieving ``consensus'' as 
an important factor in determining whether an advisory group is subject 
to FACA. Instead, the final rule provides that whether there is a group 
deliberative process is a more important consideration than whether the 
group seeks to achieve consensus.
    6. The definition of an ``operational committee'' is amended to 
mean a group performing operational functions specifically authorized 
by statute or Presidential directive, such as making or implementing 
Governmental decisions or policy, as long as the group does not become 
primarily advisory in nature.
    7. New definitions of ``discretionary'' and ``non-discretionary'' 
committees are created. ``Non-discretionary'' committees are defined as 
advisory committees required by statute or Presidential directive, 
while ``discretionary'' committees are defined as those established 
under the authority of an agency head or authorized by statute, but not 
required by Congress.
    8. The definition of advisory committee meeting is amended to 
include a gathering of advisory committee members through electronic 
means, such as by teleconference, video conference, or the Internet.
    9. A provision is added to the effect that the Commission may 
periodically invite feedback from the public regarding the 
effectiveness of NRC advisory committees.
    10. The amendments provide that the NRC is required to consult with 
the GSA Committee Management Secretariat prior to the establishment, 
renewal, or reestablishment of an advisory committee, in addition to 
current requirements on seeking the Secretariat's review.
    11. There is added a requirement for reasonable access for persons 
with disabilities to attend advisory committee meetings.

II. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
using such a standard is inconsistent with applicable law or otherwise 
impractical. In this final rule, the Commission is clarifying its 
practices regarding Federal advisory committees. This action does not 
constitute the establishment of a technical standard that requires 
consideration of the use of voluntary consensus standards developed by 
voluntary consensus standards bodies.

III. Finding of No Significant Environmental Impact: Categorical 
Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for the proposed regulation.

IV. Paperwork Reduction Act Statement

    This final rule contains no information collection requirements 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

V. Regulatory Analysis

    In 2001, the General Services Administration (GSA) published 
amended Federal Advisory Committee Act (FACA) regulations providing 
administrative and interpretive guidelines and management controls for 
Federal agencies concerning the implementation of the Act (66 FR 37728; 
July 19, 2001). This final rule conforms NRC regulations with the 
amended GSA regulations issued in 2001. The final rule does not have a 
significant impact on state and local governments, particular 
geographical regions, or health, safety and the environment; nor does 
it impose substantial costs on licensees, the NRC or other Federal 
agencies. This constitutes the regulatory analysis for this final rule.

VI. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this final rule does not have a 
significant economic impact on a substantial number of small entities. 
The final rule does not impose any obligation or have any financial 
impact on entities, including any regulated entities that may be 
``small entities,'' as defined by the Regulatory Flexibility Act (5 
U.S.C. 601(3)), or under the size standards established by the NRC in 
10 CFR 2.810.

VII. Backfit Analysis

    The NRC has determined that a backfit analysis is not required for 
this final rule because these amendments do not include any provisions 
that would impose backfits as defined in 10 CFR Chapter 1.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 7

    Advisory committees, Government in the Sunshine Act.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 7.

PART 7--ADVISORY COMMITTEES

    1. The authority citation for part 7 continues to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Pub. L. 92-
463, 86 Stat. 770 (5 U.S.C. App.).


    2. In Sec.  7.1, paragraph (d) is revised and paragraphs (e)(1), 
(e)(2) and (i) are added to read as follows:


Sec.  7.1  Policy.

* * * * *
    (d)(1) An NRC advisory committee shall be established only:
    (i) When establishment of the committee is required by law;
    (ii) When the Commission determines that the committee is essential 
to the conduct of NRC business; or
    (iii) When the information to be obtained is not available through 
an existing advisory committee or a source within the Federal 
Government.
    (2) Before establishing an advisory committee, the Commission shall 
consider whether:

[[Page 79839]]

    (i) Committee deliberations will result in a significant 
contribution to the creation, amendment, or elimination of regulations, 
guidelines, or rules affecting NRC business;
    (ii) The information to be obtained is available through another 
source within the Federal Government;
    (iii) The committee will make recommendations resulting in 
significant improvements in service or reductions in cost; or
    (iv) The committee's recommendations will provide an important 
additional perspective or viewpoint relating to NRC's mission. The 
advice or recommendations of an advisory committee should be the result 
of the advisory committee's independent judgment.
    (e) * * *
    (1) An advisory committee not required to be established by statute 
terminates no later than two years after its establishment or last 
renewal, unless renewed.
    (2) An advisory committee required to be established by statute 
terminates upon the expiration of the time explicitly specified in the 
statute or implied by operation of the statute.
* * * * *
    (i) The Commission may periodically invite feedback from the public 
regarding the effectiveness of NRC advisory committees.

    3. Section 7.2 is revised to read as follows:


Sec.  7.2  Definitions.

    Act means the Federal Advisory Committee Act, as amended, 5 U.S.C. 
App.
    Administrator means the Administrator of General Services.
    Advisory committee means any committee, board, commission, council, 
conference, panel, task force, or similar group, or any subcommittee or 
other subgroup thereof, that is established by statute for the purpose 
of providing advice or recommendations on issues of policy to an 
official, branch, or agency of the Federal Government, or that is 
established or utilized by the President or any agency official to 
obtain advice or recommendations on issues or policies that fall within 
the scope of his or her responsibilities, except that the term 
``advisory committee'' does not include the following advisory meetings 
or groups:
    (1) Any group composed wholly of full-time officers or employees of 
the Federal Government;
    (2) Any group specifically exempted from the Act or these 
regulations by an Act of Congress;
    (3) Any local civic group whose primary function is that of 
rendering a public service with respect to a Federal program, or any 
State or local committee, council, board, commission, or similar group 
established to advise or make recommendations to any State or local 
government unit or an official thereof;
    (4) Any group that performs primarily operational functions 
specifically provided by law. Operational functions are those 
specifically authorized by statute or Presidential directive, such as 
making or implementing Government decisions or policy, as long as the 
group does not become primarily advisory in nature;
    (5) Any meeting initiated by the President or one or more Federal 
employees for the purpose of obtaining advice or recommendations from 
one individual;
    (6) Any meeting between an NRC employee with a non-governmental 
individual or group where advice or recommendations are provided by the 
attendees on an individual basis and are not sought from the group as a 
whole;
    (7) Any meeting with a committee or group created by a non-Federal 
entity that is not managed or controlled by the President or a Federal 
employee;
    (8) Any meeting of two or more advisory committee members convened 
solely to:
    (i) Discuss administrative matters relating to the operation of 
their advisory committee;
    (ii) Receive administrative information from a Federal employee;
    (iii) Gather information or conduct research for a chartered 
advisory committee to analyze relevant issues and facts for their 
advisory committee; or
    (iv) Draft proposed position papers for deliberation by their 
advisory committee;
    (9) Any meeting with a group initiated by the President or by one 
or more Federal employees for the purpose of exchanging facts or 
information;
    (10) Any meeting attended only by full-time or permanent part-time 
officers or employees of the Federal Government and elected officers of 
State, local, and tribal governments (or their designated employees 
with authority to act on their own behalf), acting in their official 
capacities. However, the purpose of the meeting must be solely to 
exchange views, information, or advice relating to the management or 
implementation of Federal programs established pursuant to statute, 
that explicitly or inherently share intergovernmental responsibilities 
or administration;
    (11) Any meeting of an NRC contractor, applicant, or licensee with 
an NRC employee to discuss specific matters involving the solicitation, 
issuance, or implementation of a contract or the Commission's effort to 
ensure compliance with its regulations; and
    (12) Any meeting of a subcommittee or other subgroup of an advisory 
committee where the subgroup's recommendations will be reviewed by its 
parent advisory committee.
    Agency means an agency of the Government of the United States as 
defined in 5 U.S.C. 551(1).
    Commission means the Nuclear Regulatory Commission of five members, 
or a quorum thereof, sitting as a body, as provided by section 201 of 
the Energy Reorganization Act of 1974, 42 U.S.C. 5841, (88 Stat. 1242).
    Committee Management Secretariat means the organization established 
within the General Services Administration, pursuant to section 7(a) of 
the Act, which is responsible for all matters relating to advisory 
committees, and carries out the responsibilities of the Administrator 
of the General Services Administration under the Act and Executive 
Order 12024 (42 FR 61445; December 1, 1977).
    Committee meeting means any gathering of advisory committee members 
(whether in person, by telephone, or through electronic means) held 
with the approval of an agency for the purpose of deliberating on the 
substantive matters upon which the advisory committee provides advice 
or recommendations.
    Committee member means an individual who is appointed to serve on 
an advisory committee and has the full right and obligation to 
participate in the activities of the committee, including voting on 
committee recommendations.
    Designated Federal Officer means a government employee appointed, 
pursuant to Sec.  7.11(a), to chair or attend each meeting of an NRC 
advisory committee to which he or she is assigned.
    Discretionary advisory committee means any advisory committee that 
is established, but not required to be established, under the authority 
of an agency head, and its establishment or termination is within the 
legal discretion of an agency head.
    GSA means the General Services Administration.
    Non-discretionary advisory committee means any advisory committee 
either required by statute or Presidential directive. A non-
discretionary committee required by statute generally is identified 
specifically in a statute by

[[Page 79840]]

name, purpose, or functions and its establishment is mandated.
    NRC means the agency established by title II of the Energy 
Reorganization Act of 1974, 42 U.S.C. 5801 (88 Stat. 1233), and known 
as the Nuclear Regulatory Commission.
    NRC Advisory Committee Management Officer means the individual 
appointed, pursuant to Sec.  7.10(a), to supervise and control the 
establishment and management of NRC advisory committees.
    NRC Public Document Room means the Public Document Room maintained 
by the NRC at 11555 Rockville Pike, Rockville, Maryland 20852-2738.
    Presidential advisory committee means an advisory committee 
established by statute or directed by the President to advise the 
President.
    Staff member means any individual who serves in a support capacity 
to an advisory committee.
    Subcommittee means a subgroup of an advisory committee, whether or 
not its members are drawn in whole or in part from the parent advisory 
committee.
    Utilized committee means a committee or group not established by 
the Federal Government, but whose operations are managed or controlled 
by a Federal agency.

    4. Section 7.5 is revised to read as follows:


Sec.  7.5  Consultation with Committee Management Secretariat on 
establishment of advisory committees; advisory committee charters.

    (a) Before establishing a discretionary advisory committee, the NRC 
shall consult with the Committee Management Secretariat. With a full 
understanding of the background and purpose behind the proposed 
advisory committee, the Committee Management Secretariat may share its 
knowledge and experience with the NRC on how best to make use of the 
proposed committee, alternate methods of attaining the agency's 
purpose, or whether a pre-existing advisory committee performs similar 
functions. Such consultation should include the transmittal of the 
proposed committee charter and the following information:
    (1) A request for a review of the proposed charter;
    (2) An explanation stating why the committee is essential to the 
conduct of NRC business and is in the public interest;
    (3) An explanation stating why the committee's functions cannot be 
performed by the NRC, an existing NRC advisory committee, or other 
means (such as a public hearing); and
    (4) A description of NRC's plan to attain balanced membership on 
the committee. The plan must ensure that, in the selection of members 
for the advisory committee, the NRC will consider a cross-section of 
those directly affected, interested, and qualified, as appropriate to 
the nature and functions of the committee. For purposes of attaining 
balance in an NRC advisory committee's membership, the Commission shall 
consider for membership interested persons and groups with 
professional, technical, or personal qualifications or experience that 
will contribute to the functions and tasks to be performed.
    (b) Each proposed committee charter submitted for review pursuant 
to paragraph (a) of this section shall contain the following 
information:
    (1) The committee's official designation;
    (2) The committee's objectives and the scope of its activity;
    (3) The period of time necessary for the committee to carry out its 
purposes;
    (4) The NRC official to whom the committee will report;
    (5) The NRC office responsible for providing support for the 
committee;
    (6) A description of the duties that the committee will perform, 
and if such duties are not solely advisory, a specification of the 
authority for the functions that are not advisory;
    (7) The estimated annual operating costs, in dollars and person 
years, for the committee;
    (8) The estimated number and frequency of committee meetings; and
    (9) The committee's termination date, if less than two years from 
the date of the committee's establishment.
    (c) The requirements of this part, including the requirements of 
paragraphs (a) and (b) of this section, shall apply to any subcommittee 
that functions independently of the parent advisory committee (such as 
by making recommendations directly to the agency rather than to the 
parent advisory committee), regardless of whether the subcommittee's 
members are drawn in whole or in part from the parent advisory 
committee.
    (d) After the Committee Management Secretariat has notified the 
Commission of the results of its review of a proposal to establish or 
utilize an NRC discretionary advisory committee, submitted pursuant to 
paragraph (a) of this section, the Commission shall notify the 
Committee Management Secretariat whether the advisory committee is 
actually being established. Filing of the advisory committee charter 
pursuant to Sec.  7.8 shall be deemed to fulfill this notification 
requirement. If the advisory committee is not being established, the 
Commission shall so advise the Committee Management Secretariat, 
stating whether NRC intends to take any further action with respect to 
the proposed advisory committee.
    (e) The date of filing of an advisory committee charter pursuant to 
Sec.  7.8 shall be added to the charter when such filing takes place, 
shall appear on the face of the charter, and shall constitute the date 
of establishment, renewal, or reestablishment of the committee.

    5. Section 7.6 is revised to read as follows:


Sec.  7.6  Amendment to advisory committee charters.

    (a) Final authority for amending the charter of an NRC advisory 
committee established or utilized by the NRC is vested in the 
Commission.
    (b) Any proposed changes made to a current charter for an NRC 
advisory committee shall be coordinated with the General Counsel to 
ensure that they are consistent with applicable legal requirements. 
When a statute or Executive Order that directed or authorized the 
establishment of an advisory committee is amended, those sections of 
the advisory committee's charter affected by the amendments shall also 
be amended.
    (c)(1) The charter of an NRC advisory committee established under 
general agency authority may be amended when the Commission determines 
that the existing charter no longer reflects the objectives or 
functions of the committee. Such changes may be minor (such as revising 
the name of the advisory committee or modifying the estimated number or 
frequency of meetings), or they may be major (such as revising the 
objectives or composition of the committee).
    (2) The procedures in paragraph (b) of this section shall be used 
in the case of charter amendments involving minor changes. A proposed 
major amendment to the charter of an advisory committee established 
under general agency authority shall be submitted to the Committee 
Management Secretariat for review with an explanation of the purpose of 
the changes and why they are necessary.
    (3) A committee charter that has been amended pursuant to this 
paragraph is subject to the filing requirements set forth in Sec.  7.8.
    (4) Amendment of an existing advisory committee charter pursuant to 
this paragraph does not constitute renewal of the committee for 
purposes of Sec.  7.7.

    6. In Sec.  7.7, paragraphs (a)(3) and (b)(2) are revised to read 
as follows:

[[Page 79841]]

Sec.  7.7  Termination, renewal, and rechartering of advisory 
committees.

    (a) * * *
    (3) Its duration has been otherwise designated by law. The NRC 
Committee Management Officer shall notify the Committee Management 
Secretariat of the effective date of termination of any advisory 
committee that has been terminated by the NRC.
    (b) * * *
    (2) Any other NRC advisory committee may be renewed, provided that 
such renewal is carried out in compliance with the procedures set forth 
in Sec.  7.5, except that an advisory committee established by the 
President may be renewed by appropriate action of the President and the 
filing of a new charter. Renewal of an NRC advisory committee shall not 
be deemed to terminate the appointment of any committee member who was 
previously appointed to serve on the committee.

    7. Section 7.8 is revised to read as follows:


Sec.  7.8  Charter filing requirements.

    No advisory committee may meet or take any action until a charter 
has been filed by the Committee Management Officer designated in 
accordance with Sec.  7.10.
    (a) To establish, renew, or reestablish a discretionary advisory 
committee, a charter must be filed with:
    (1) The Commission;
    (2) The Committee on Environment and Public Works of the United 
States Senate and the Committee on Energy and Commerce of the United 
States House of Representatives;
    (3) The Library of Congress, Anglo-American Acquisitions Division, 
Government Documents Section, Federal Advisory Committee Desk, 101 
Independence Avenue, S.E., Washington, DC 20540-4172; and
    (4) The Committee Management Secretariat, indicating the date the 
charter was filed with the congressional committees.
    (b) Charter filing requirements for non-discretionary advisory 
committees are the same as those in paragraph (a) of this section, 
except the date of establishment for a Presidential advisory committee 
is the date the charter is filed with the Secretariat.
    (c) Subcommittees that report directly to a Federal employee or 
agency must comply with this subpart.

    8. Section 7.9 is revised to read as follows:


Sec.  7.9  Public notice of advisory committee establishment, 
reestablishment, or renewal.

    (a) After the Commission has received notice from the Committee 
Management Secretariat that its review of a proposal to establish, 
reestablish, renew, or utilize an NRC discretionary advisory committee 
has been completed, the Commission shall publish a notice in the 
Federal Register that the committee is being established, 
reestablished, renewed, or utilized. In the case of a new committee, 
the notice shall also describe the nature and purpose of the committee 
and shall include a statement that the committee is necessary and in 
the public interest.
    (b) Notices required to be published pursuant to paragraph (a) of 
this section shall be published at least 15 calendar days before the 
committee charter is filed pursuant to Sec.  7.8, except that the 
Committee Management Secretariat may approve publication for less than 
15 days for good cause shown. The 15-day advance notice requirement 
does not apply to advisory committee renewals, notices of which may be 
published concurrently with the filing of the charter.

    9. In Sec.  7.10, paragraphs (a), (b)(5), (b)(6), (b)(7) and (c)(2) 
are revised to read as follows:


Sec.  7.10  The NRC Advisory Committee Management Officer.

    (a) The Chairman of the Commission or designee shall appoint an NRC 
Advisory Committee Management Officer to carry out the functions 
specified in paragraph (b) of this section.
    (b) * * *
    (5) Carry out, on behalf of the NRC, the provisions of the Freedom 
of Information Act (5 U.S.C. 552) and implementing NRC regulations (10 
CFR part 9, subpart A) with respect to such reports, records, and other 
papers;
    (6) Ensure that, subject to the Freedom of Information Act and 
implementing NRC regulations at 10 CFR part 9, subpart A, copies of the 
records, reports, transcript minutes, appendices, working papers, 
drafts, studies, agenda, or other documents that were made available to 
or prepared for or by each NRC advisory committee are available for 
public inspection and copying at the NRC Web site, http://www.nrc.gov, 
at the NRC Public Document Room, or both, until the advisory committee 
ceases to exist;
    (7) Ensure that, subject to the Freedom of Information Act and 
implementing NRC regulations, at least eight copies of each report made 
by each NRC advisory committee and, where appropriate, background 
papers prepared by consultants, shall be filed with the Library of 
Congress;
* * * * *
    (c) * * *
    (2) Copies of NRC's portion of the Committee Management Secretariat 
Annual Comprehensive Review of Federal advisory committees required by 
section 7(b) of the Act;
* * * * *

    10. Section 7.11 is revised to read as follows:


Sec.  7.11  The Designated Federal Officer.

    (a) The Chairman of the Commission or designee shall appoint a 
Designated Federal Officer or alternate Designated Federal Officer for 
each NRC advisory committee. The individual holding either position 
must be employed by the Federal Government on either a full-time or a 
permanent part-time basis.
    (b) All meetings of an NRC advisory committee must be convened or 
approved by the committee's Designated Federal Officer or alternate, 
and the agenda for each committee meeting (except a meeting of a 
Presidential advisory committee) must be approved by that individual.
    (c) An NRC advisory committee may not hold a meeting in the absence 
of its Designated Federal Officer or alternate.
    (d) It shall also be the responsibility of the Designated Federal 
Officer or alternate to:
    (1) Attend all meetings of the committee for which he or she has 
been appointed;
    (2) Adjourn the meetings of the committee when such adjournment is 
in the public interest;
    (3) Chair the meetings of the committee when so directed by the 
Commission;
    (4) Ensure compliance with the requirements of Sec.  7.13 regarding 
minutes of meetings of the committee; and
    (5) Make copies of committee documents required to be maintained 
for public inspection and copying pursuant to Sec.  7.14(b) and ensure 
their availability at the NRC Web site, http://www.nrc.gov, at the NRC 
Public Document Room, or both.

    11. In Sec.  7.12, paragraphs (a), (c), and (e) are revised, and 
paragraph (f) is added to read as follows:


Sec.  7.12  Public participation in and public notice of advisory 
committee meetings.

    (a) Each meeting of an NRC advisory committee shall be held at a 
reasonable time and in a place reasonably accessible to the public, 
including persons with disabilities. Any advisory committee meeting 
conducted in whole or part by teleconference, video conference, the 
Internet, or other electronic medium must comply with this section. The 
size of the meeting room must be sufficient to accommodate

[[Page 79842]]

advisory committee members, committee or agency staff, and interested 
members of the public, except that the provisions of this paragraph 
relating to the room size shall not apply to any part of an NRC 
advisory committee meeting that has been closed pursuant to Sec.  7.15.
* * * * *
    (c)(1) Except when the President or designee determines in writing 
that no notice should be published for reasons of national security, at 
least 15 days prior to an NRC advisory committee meeting, a notice that 
includes the following information shall be published in the Federal 
Register:
    (i) The exact name of the advisory committee as chartered;
    (ii) The time, date, place, and purpose of the meeting;
    (iii) A summary of the agenda of the meeting;
    (iv) Whether all or part of the meeting is open to the public; and
    (v) The name and telephone number of the Designated Federal 
Officer, alternate, or other responsible agency employee who may be 
contacted for additional information concerning the meeting.
    (2) If any part of the meeting is closed, the notice shall provide 
the reasons for the closure, citing the specific matter that has been 
determined to justify the closure under Sec.  7.15. The Commission may 
publish a single notice announcing multiple meetings; however, a 
meeting may not be announced so far in advance as to prevent the public 
from being adequately informed of an NRC advisory committee's schedule.
* * * * *
    (e) In addition to notice required by paragraph (c) of this 
section, the NRC may also use other forms of notice, such as press 
releases, posting the information on the NRC Web site, http://www.nrc.gov, or notice by mail, to inform the public of advisory 
committee meetings. To that end, the Designated Federal Officer or 
alternate for each NRC advisory committee will, to the extent 
practicable, maintain lists of people and organizations interested in 
that advisory committee and notify them of meetings by mail.
    (f) Meetings of a subcommittee whose recommendations will not be 
reviewed by its parent advisory committee shall be conducted in 
accordance with all notice and openness requirements contained in this 
section and in Sec. Sec.  7.13, 7.14, and 7.15.

    12. In Sec.  7.13, paragraph (c) is revised to read as follows:


Sec.  7.13  Minutes of advisory committee meetings.

* * * * *
    (c) The chairperson of an NRC advisory committee shall certify the 
accuracy of the minutes of each of the committee's meetings.
* * * * *

    13. Section 7.14 is revised to read as follows:


Sec.  7.14  Public information on advisory committees.

    (a) The Nuclear Regulatory Commission shall maintain systematic 
information on the nature, functions, and operations of each NRC 
advisory committee. A complete set of the charters of NRC advisory 
committees and copies of the annual reports required by Sec.  7.17(a) 
will be maintained for public inspection at either the NRC Web site, 
http://www.nrc.gov, at the NRC Public Document Room, or both.
    (b) Subject to the provisions of the Freedom of Information Act (5 
U.S.C. 552) and NRC's Freedom of Information Act regulations at 10 CFR 
part 9, subpart A, copies of NRC advisory committees' records, reports, 
transcripts, minutes, appendices, working papers, drafts, studies, 
agenda, and other documents shall be maintained for public inspection 
and copying at the NRC Web site, http://www.nrc.gov, at the NRC Public 
Document Room, or both. To provide the public a meaningful opportunity 
to comprehend fully the work undertaken by an NRC advisory committee, 
advisory committee records should be available to the public as soon as 
practicable. Members of the public or other interested parties may 
review non-exempt advisory committee records without filing a request 
for these records under the Freedom of Information Act.
    (c) Official records generated by or for an advisory committee must 
be retained for the duration of the advisory committee. Upon 
termination of the advisory committee, the records must be processed in 
accordance with the Federal Records Act (44 U.S.C. Chapters 21, 29-33) 
and regulations issued by the National Archives and Records 
Administration (see 36 CFR Parts 1220, 1222, 1228, and 1234), or in 
accordance with the Presidential Records Act (44 U.S.C. Chapter 22).

    14. Section 7.15 is revised to read as follows:


Sec.  7.15  Procedures for closing an NRC advisory committee meeting.

    (a) To close all or part of a meeting of an NRC advisory committee, 
the committee shall submit a written request for closure to the General 
Counsel, citing specific exemptions listed in the Government in the 
Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104, that 
justify the closure. The request shall provide the General Counsel 
sufficient time for review in order to make a determination prior to 
publication of the meeting notice pursuant to Sec.  7.12.
    (b) If the General Counsel finds that the request for closure is 
consistent with the provisions of the Government in the Sunshine Act 
and this part, a determination shall be issued in writing that all or 
part of the meeting will be closed. The determination shall include a 
statement of the reasons for the closing, citing the applicable 
exemptions in the Government in the Sunshine Act (as implemented by 10 
CFR 9.104).
    (c) Except when the President or designee determines in writing 
that no notice should be published for reasons of national security, 
the Secretary of the Commission shall make a copy of the determination 
to close all or part of an NRC advisory committee meeting available to 
the public upon request. If such a determination has been issued, the 
meeting notice published in the Federal Register should comply with the 
provisions of Sec.  7.12 applicable to closed meetings.


Sec.  7.16  [Amended]

    15. In Sec.  7.16, amend paragraph (b) by removing the reference to 
``7.27(a)'' and adding, in its place, a reference to ``7.17(a)''.

    16. Section 7.17 is revised to read as follows:


Sec.  7.17  Reports required for advisory committees.

    (a) The Commission shall furnish a report on the activities of NRC 
advisory committees annually to the Committee Management Secretariat on 
a fiscal year basis. The report must contain information regarding NRC 
advisory committees consistent with instructions provided by the 
Committee Management Secretariat. A copy of the report shall be made 
available at the NRC Web site, http://www.nrc.gov, at the NRC Public 
Document Room, or both. The information provided by the Commission 
regarding its advisory committees is contained in the Committee 
Management Secretariat's report which is available on its Web site, 
http://www.gsa.gov/committeemanagement.
    (b) Any NRC advisory committee holding closed or partially closed 
meetings shall issue a report, at least annually, setting forth a 
summary of its activities consistent with the policy of the Government 
in the Sunshine Act (5

[[Page 79843]]

U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report 
shall be made available at the NRC Web site, http://www.nrc.gov, at the 
NRC Public Document Room, or both.
    (c) Subject to the Freedom of Information Act (5 U.S.C. 552) and 
implementing NRC regulations (10 CFR part 9, subpart A), eight copies 
of each report made by an advisory committee, including any report on 
closed meetings pursuant to paragraph (b) of this section, and, where 
appropriate, background papers prepared by consultants, shall be filed 
for public inspection and use with the Library of Congress, Anglo-
American Acquisitions Division, Government Documents Section, Federal 
Advisory Committee Desk, 101 Independence Avenue, SE., Washington, DC 
20540-4172.

    17. Section 7.18 is revised to read as follows:


Sec.  7.18  Appointment, compensation, and expense reimbursement of 
advisory committee members, staffs, and consultants.

    (a) Unless otherwise provided by law, advisory committee members 
serve at the pleasure of the Commission and their terms are at the sole 
discretion of the Commission.
    (b) Except where otherwise provided by law, the Commission may 
accept the gratuitous services of an NRC advisory committee member, 
staff member, or consultant who agrees in advance to serve without 
compensation.
    (c)(1) Subject to the provisions of paragraph (c)(2) of this 
section, if the Commission determines that compensation of a member of 
an NRC advisory committee is appropriate, the amount that will be paid 
shall be fixed by the Chairman of the Commission at a rate that is the 
daily equivalent of a rate in NRC's General Grade Salary Schedule, 
unless the member is appointed as a consultant and compensated at a 
rate applicable to NRC consultants.
    (2) In determining an appropriate rate of pay for a member of an 
NRC advisory committee, the Chairman of the Commission shall give 
consideration to the significance, scope, and technical complexity of 
the matters with which the advisory committee is concerned and the 
qualifications required of the committee member; provided that the 
Chairman may not set the rate of pay for an NRC advisory committee 
member higher than the daily equivalent rate for level IV of the 
Executive Schedule under 5 U.S.C. 5315, unless a higher rate is 
expressly allowed by another statute. The Chairman may authorize a rate 
of basic pay in excess of the maximum rate of basic pay established for 
NRC's General Grade Salary Schedule. This maximum rate includes an 
applicable locality payment. The Commission may pay advisory committee 
members on either an hourly or a daily rate basis. The Commission may 
not provide additional compensation in any form, such as bonuses or 
premium pay. The Chairman may not delegate the responsibility for 
making a determination that a higher rate of pay than that established 
by NRC's General Grade Salary Schedule is necessary and justified for 
an NRC advisory committee member, and such a determination must be 
reviewed annually.
    (d)(1) Each NRC advisory committee staff member may be paid at a 
rate that is the daily equivalent of a rate in NRC's General Grade 
Salary Schedule in which the staff member's position would 
appropriately be placed.
    (2) A staff member of an NRC advisory committee may not be paid at 
a rate higher than the daily equivalent of the maximum rate for a GG-15 
under NRC's General Grade Salary Schedule, unless the Chairman of the 
Commission determines that the staff member's position would 
appropriately be placed at a grade higher than GG-15, provided that in 
establishing rates of compensation, the Chairman shall comply with any 
applicable statutes, regulations, Executive Orders, and administrative 
guidelines. The Commission may provide advisory committee staff members 
with additional compensation, such as bonuses or premium pay, as long 
as the aggregate compensation does not exceed the rate of pay for 
Executive Schedule level IV.
    (3) A Federal employee may serve as a staff member of an NRC 
advisory committee only with the knowledge of the advisory committee's 
Designated Federal Officer or alternate and the approval of the 
employee's direct supervisor. A staff member who is not otherwise a 
Federal employee shall be appointed in accordance with applicable 
agency procedures, following consultation with the advisory committee.
    (e)(1) Subject to the limitations in paragraph (e)(2) of this 
section, the following factors shall be considered in determining an 
appropriate rate of pay for a consultant to an NRC advisory committee:
    (i) The qualifications required of the consultant, and
    (ii) The significance, scope, and technical complexity of the work 
for which his services are required;
    (2) The rate of pay for an NRC advisory committee consultant may 
not be higher than the maximum rate of basic pay established by NRC's 
General Salary Schedule (that is, the GG-15, step 10 rate, excluding 
locality pay or any other supplement), unless a higher rate is 
expressly allowed by another statute. The appointment and compensation 
of NRC experts and consultants must be in conformance with applicable 
regulations issued by the United States Office of Personnel Management 
(see 5 CFR part 304).
    (f) A member or staff member of an NRC advisory committee engaged 
in the performance of duties away from his or her home or regular place 
of business may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by section 5703, title 5, United States 
Code, for persons employed intermittently in the Government service.
    (g) Nothing in this section shall:
    (1) Prevent any full-time Federal employee who provides services to 
an NRC advisory committee from receiving compensation at a rate at 
which he or she would otherwise be compensated as a full-time Federal 
employee;
    (2) Prevent any individual who provides services to an NRC advisory 
committee, and who immediately before providing such services was a 
full-time Federal employee, from receiving compensation at a rate at 
which he or she was compensated as a full-time Federal employee; or
    (3) Affect a rate of pay or a limitation on a rate of pay that is 
specifically established by law or a rate of pay established under the 
NRC's General Grade Salary Schedule and evaluation system.

    18. Section 7.19 is revised to read as follows:


Sec.  7.19  Advisory committee members with disabilities.

    An NRC advisory committee member who is disabled may be provided 
services by a personal assistant while performing advisory committee 
duties, if the member;
    (a) Qualifies as disabled under section 501 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) ; and
    (b) Does not otherwise qualify for assistance under 5 U.S.C. 3102 
by reason of being an employee of NRC.

    19. Section 7.20 is revised to read as follows:


Sec.  7.20  Conflict of interest reviews of advisory committee members' 
outside interests.

    The Designated Federal Officer or alternate for each NRC advisory

[[Page 79844]]

committee and the General Counsel or designee shall review the 
interests and affiliations of each member of the Designated Federal 
Officer's advisory committee annually, and upon the commencement of the 
member's appointment to the committee, for the purpose of ensuring that 
such appointment is consistent with the laws and regulations on 
conflict of interest applicable to that member.

    Dated at Rockville, Maryland, this 16th day of December 2002.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-32954 Filed 12-30-02; 8:45 am]
BILLING CODE 7590-01-P