[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57549-57550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22665]


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DEFENSE NUCLEAR FACILITIES SAFETY BOARD

10 CFR Part 1704

[Docket No. DNFSB-2021-0001]


Government in the Sunshine Act

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: The Defense Nuclear Facilities Safety Board (DNFSB or Board) 
is confirming the effective date of November 29, 2021, for the direct 
final rule that was published in the Federal Register on August 30, 
2021. The direct final rule amended the DNFSB's regulation implementing 
the Government in the Sunshine Act to include changes included in the 
William M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (NDAA).

DATES: The effective date of November 29, 2021, for the direct final 
rule published August 30, 2021 (86 FR 48295), is confirmed.

ADDRESSES: DNFSB's General Counsel Web Page: Go to https://www.dnfsb.gov/office-general-counsel and click ``Rulemaking-DNFSB-2021-
0001'' to access publicly available information related to this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: Eric Fox, Associate General Counsel, 
Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW, Suite 
700, Washington, DC 20004-2901, (202) 694-7000.

SUPPLEMENTARY INFORMATION: On August 30, 2021 (86 FR 48295), the DNFSB 
published a direct final rule amending its regulations in part 1704 of 
title 10 of the Code of Federal Regulations implementing the Government 
in the Sunshine Act. The Sunshine Act generally requires Board meetings 
to be open to public observation unless certain exemptions apply. The 
NDAA added a provision to the Atomic Energy Act of 1954 (AEA) that 
permits the Board to hold nonpublic collaborative discussions without 
following the requirements of the Sunshine Act, so long as certain 
requirements are met. The Board published this direct final rule to 
revise the Board's Sunshine Act regulations consistent with the new AEA 
provisions for nonpublic collaborative discussions.
    In the direct final rule, the DNFSB stated that if no significant 
adverse comments were received, the direct final rule would become 
effective on

[[Page 57550]]

November 29, 2021. The DNFSB received one comment. The DNFSB evaluated 
the comment against the criteria described in the direct final rule and 
determined that the comment was not significant and adverse. 
Specifically, the commentator opposed the legal authority granted in 
the NDAA, not the implementation of said authority in the DNFSB's 
regulations. The comment was therefore out of scope, and the direct 
final rule will become effective as scheduled. The comment is publicly 
available as part of the rulemaking docket at https://www.dnfsb.gov/office-general-counsel.

    Dated: October 13, 2021.
Joyce Connery,
Chair.
[FR Doc. 2021-22665 Filed 10-15-21; 8:45 am]
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