[Federal Register Volume 91, Number 153 (Tuesday, August 11, 2026)]
[Rules and Regulations]
[Pages 51555-51568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16374]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 7, and 10
[NRC-2025-1139]
RIN 3150-AL46
NRC Modernization: Rulemaking Procedure, Federal Advisory
Committee Act Alignment, Access, and Security
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations by streamlining procedural provisions related to
information withholding and post-promulgation comment periods; aligning
the NRC's regulations with Committee Management Secretariat (CMS)
Federal Advisory Committee Act (FACA) standards; and updating national
security eligibility criteria. The goal is to modernize and clarify the
NRC's regulatory framework to ensure consistency with government-wide
standards and improve administrative efficiency. The scope includes
updates to outdated provisions and revisions to ensure compliance with
current federal policies. This action is being taken in response to
Executive Order 14300,
[[Page 51556]]
``Ordering the Reform of the Nuclear Regulatory Commission.''
DATES: The final rule is effective October 26, 2026, unless significant
adverse comments are received. Comments must be submitted
electronically using https://www.regulations.gov by 11:59 p.m. Eastern
Time on September 10, 2026. If the direct final rule is withdrawn as a
result of such comments, timely notice of the withdrawal will be
published in the Federal Register. Comments received on this direct
final rule will also be considered to be comments on a companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2025-1139,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on https://www.regulations.gov to
view public comments.
You can read a plain language description of this direct final rule
at https://www.regulations.gov/docket/NRC-2025-1139. 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: Denise Edwards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
7204, email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
III. Rulemaking Procedure
IV. Background
V. Discussion
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Executive Orders
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-1139 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-2025-1139.
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 ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to
[email protected]. For the convenience of the reader, instructions
about obtaining materials referenced in this document are provided in
the ``Availability of Documents'' section of this document.
NRC's PDR: The NRC Public Document Room (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 [email protected] 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
Comments must be submitted electronically using https://www.regulations.gov by 11:59 p.m. Eastern Time on September 10, 2026.
Please include Docket ID NRC-2025-1139 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. Executive Order 14300: Ordering the Reform of the Nuclear
Regulatory Commission
On May 23, 2025, President Donald J. Trump signed Executive Order
(E.O.) 14300, ``Ordering the Reform of the Nuclear Regulatory
Commission.'' This rulemaking addresses Section 5, ``Reforming and
Modernizing the NRC's Regulations,'' which requires the NRC to
undertake a review and wholesale revision of its regulations and
guidance documents, consistent with the policies set forth in section 2
of the E.O.
III. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is using the ``direct final rule procedure'' for this rule. This
amendment is effective on October 26, 2026. However, if the NRC
receives significant adverse comments on this direct final rule by
September 10, 2026, then the NRC will publish a document that withdraws
this action and will address the comments received in a subsequent
final rule as a response to the companion proposed rule published in
the Proposed Rules section of this issue of the Federal Register.
Absent significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is one in which the commenter
explains why the rule would be inappropriate, challenges the rule's
underlying premise or approach, or argues that the rule would be
ineffective or unacceptable without a change. A comment is adverse and
significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is
[[Page 51557]]
apparent that the rule would be ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule. For detailed instructions on filing comments,
please see the ADDRESSES section of this document.
IV. Background
The U.S. Nuclear Regulatory Commission (NRC) is undertaking a
series of regulatory updates to modernize its administrative framework,
align with government-wide requirements, and ensure continued
compliance with evolving federal standards related to transparency,
advisory committee governance, information management, and personnel
security. These are consistent with the directive in E.O. 14300 which
requires the NRC to conduct a comprehensive review of its regulations.
First, the NRC is updating its information withholding provisions
in 10 CFR 2.390 to clarify the Commission's procedures for evaluating
requests for withholding proprietary and sensitive information from
public disclosure. The revisions to 10 CFR 2.390 align with a recent
revision to that regulation to alleviate the need for licensees or
applicants filing a withholding request to include information
regarding competitive harm (90 FR 54225; November 26, 2025). The
revisions in this rule maintain the NRC's longstanding policy balance
between protecting sensitive commercial or financial information and
ensuring transparency in agency decision making. The changes are
administrative in nature and are intended to improve clarity and
consistency in how information is reviewed and processed.
Second, the NRC is revising a provision in 10 CFR 2.804 that
established procedural requirements related to post-promulgation
comment periods. This provision is not statutorily required and thus
imposes unnecessary administrative burdens. Revision of this provision
provides additional flexibility to rulemaking processes.
Third, the NRC is revising 10 CFR part 7 to align its advisory
committee regulations with the government-wide Federal Advisory
Committee Act (FACA) requirements administered by the General Services
Administration (GSA). On December 16, 2025, GSA issued a final rule (90
FR 58408) revising FACA regulations to improve Federal advisory
committee management policies and processes, remove unnecessary
language and information, and increase accountability for Federal
advisory committee operation. To ensure consistency with these
standards and continued compliance with FACA, the NRC is making
conforming amendments throughout 10 CFR part 7. These revisions update
terminology, clarify procedural expectations, and consolidate
administrative requirements to reflect GSA's current regulatory
framework. The amendments do not impose substantive requirements on NRC
licensees or external stakeholders; instead, they improve the
efficiency, transparency, and accountability of NRC advisory committee
management.
Finally, the NRC is revising its personnel security regulations in
10 CFR part 10 to reflect Federal adjudicative standards established in
the Office of the Director of National Intelligence's Security
Executive Agent Directive 4 (SEAD 4). SEAD 4 sets forth uniform
adjudicative guidelines for determining eligibility for access to
classified information and sensitive national security positions across
the executive branch. The NRC previously incorporated SEAD 4 into
Management Directive (MD) 12.3, ``Personnel Security,'' and is now
codifying these requirements to ensure alignment between internal
policy and regulatory text. This codification enhances transparency and
promotes consistent expectations for individuals requiring an access
authorization or employment clearance.
Collectively, the actions in this rulemaking modernize NRC
regulations, improve alignment with federal policies, and enhance
administrative efficiency while maintaining transparency, public
participation, and national security protections consistent with the
NRC's statutory responsibilities.
V. Discussion
This direct final rule makes targeted revisions to 10 CFR parts 2,
7, and 10 to modernize the NRC's administrative and personnel security
regulations, align with government-wide requirements, and implement the
directives of E.O. 14300. The amendments are primarily administrative
and procedural in nature and do not establish new substantive
obligations for NRC licensees or other external stakeholders.
Information Withholding
The NRC is revising portions of 10 CFR 2.390 to clarify the
procedures governing requests for withholding commercial, financial,
and proprietary information from public disclosure. The revisions
modify existing criteria to eliminate the requirement to provide
unnecessary information regarding potential harm, competitive or
otherwise, and clarify what information is required. Specifically, the
NRC is eliminating the requirement currently imposed on individuals
seeking withholding to include a statement of harm that would result if
that information were not to be withheld. Additionally, the NRC is
replacing the phrases, ``competitive position'' and ``competitive
positions'' in portions of 10 CFR 2.390, with the more general term
``identified information.'' These changes are consistent with a recent
revision made to 10 CFR 2.390(b)(4)(v) in (90 FR 54225; November 26,
2025), where the NRC recognized that the ``substantial competitive
harm'' test, reflected in that provision, has been rejected by the
Supreme Court, and the test is not statutorily required. Food Marketing
Institute v. Argus Leader Media, 588 U.S. 427, 430 (2019). These
changes also align with the Commission's policy to balance the
protection of sensitive information with the public's right to be fully
informed regarding the basis for NRC licensing and regulatory actions.
Requirements for Requesting Public Comments
The NRC is revising paragraph (e) of 10 CFR 2.804, ``Notice of
proposed rulemaking,'' which contains a self-imposed requirement to
provide a post-promulgation comment period in specific instances, and
detail the procedures the agency is to follow during such comment
period. The NRC elected to provide this post-promulgation comment
period in a 1985 amendment to 10 CFR part 2 for instances where
exceptions to notice and comment are already provided by the
Administrative Procedure Act (APA), 5 U.S.C. 553(b), i.e., when a
rulemaking involves an interpretative rule (which includes guidance
documents), general statement of policy, or rule of agency
organization, procedure, or practice, or where the Commission for good
cause finds that notice and comment is impracticable, unnecessary, or
contrary to the public interest (50 FR 13006; April 2, 1985). The
agency established the provisions in 10 CFR 2.804(e) and (f), as
recommended by the Administrative Conference of the United States, to
``give interested persons a chance to expose any errors or oversights
that occurred in the formulation of the rule and to present policy
arguments for changing the rule.''
A post-promulgation comment period, however, is not required by the
APA
[[Page 51558]]
where an exception to notice and comment applies. Making this provision
voluntary instead of mandatory will reduce agency burden and allow the
NRC to utilize the process, as appropriate, and otherwise more
efficiently finalize rulemakings where notice and comment is not
required by the APA. Moreover, as the 1985 final rule notes, ``The
Commission normally provides for notice and opportunity for comment on
policy statements and interpretative rules, and will continue to do so
in the future.'' (50 FR 13007; April 2, 1985). Accordingly, there are
limited circumstances where a post-promulgation comment period would be
necessary.
Federal Advisory Committee Act
The NRC is amending 10 CFR part 7 to align its advisory committee
regulations with GSA's final rule published on December 16, 2025 (90 FR
58408). The GSA rule streamlines and consolidates government-wide
requirements under the FACA to improve Federal advisory committee
management policies and processes, remove unnecessary language and
information, and increase accountability for Federal advisory committee
operation. These changes are administrative and procedural in nature
and do not introduce new substantive obligations for NRC licensees or
other stakeholders.
The scope of this rulemaking is limited to conforming amendments
that ensure consistency with GSA's updated standards, which, in turn,
ensures continued compliance with FACA. The revisions affect
terminology, chartering requirements, membership appointment processes,
and reporting obligations for NRC advisory committees.
Eligibility for Access to Classified Information
This rulemaking proposes targeted revisions to 10 CFR part 10 to
modernize the NRC's personnel security regulations. The proposed rule
updates 10 CFR part 10 by replacing the current detailed adjudicatory
criteria with a high-level description of the whole-person concept and
a direct reference to the national standards in SEAD 4, without
altering existing adjudicative processes. These changes improve the
clarity of the agency's adjudicative process by aligning the
eligibility-criteria descriptions in 10 CFR part 10 with current NRC
practice, already reflected in MD 12.3, that implements the governing
Federal standards established in SEAD 4.
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities. This direct
final rule may affect a number of ``small entities'' as defined by the
Regulatory Flexibility Act or the size standards established by the NRC
(10 CFR 2.810). However, as indicated in the regulatory analysis
available under the ``Availability of Documents'' section, these
amendments will not have a significant economic impact on any affected
small entities.
VII. Regulatory Analysis
The NRC has completed a regulatory analysis for this direct final
rule. The amendments contained in this action are administrative,
procedural, or conforming in nature and do not impose new substantive
requirements on NRC licensees, applicants, or other external
stakeholders. As such, this rulemaking is expected to have minimal
economic impact.
The revisions to 10 CFR part 2 to remove or revise provisions that
extend beyond the requirements of the Atomic Energy Act of 1954, as
amended (AEA) and the APA. Removing or revising these provisions
restores procedural flexibility for the Commission without affecting
the ability of the public to submit comments or seek withholding of
documents. Because these amendments eliminate internal administrative
steps rather than create new obligations, they are expected to reduce
the NRC's administrative workload and have no cost effect on licensees
or the public.
The amendments to 10 CFR part 7 are limited to conforming changes
necessary to align NRC regulations with the government-wide FACA
regulations issued by the GSA. These changes update terminology,
modernize administrative procedures, and clarify the structure and
management of NRC advisory committees. The amendments do not alter the
scope, duties, or responsibilities of NRC licensees and do not impose
any new recordkeeping, reporting, or operational requirements on
external stakeholders. Therefore, no incremental cost impacts are
expected.
The revisions to 10 CFR part 10 codify the use of SEAD 4 as the
controlling national security adjudicative standard. These requirements
are already in widespread use across the executive branch and have
previously been incorporated into NRC practice through MD 12.3. This
rulemaking therefore reflects current practice and ensures regulatory
consistency without imposing new obligations on licensees or
individuals seeking access authorization or employment clearance.
Because this direct final rule does not impose new substantive
burdens and is expected to reduce administrative costs for the NRC, the
Commission has determined that a more detailed quantification of costs
and benefits is not warranted. The NRC concludes that the regulatory
approach selected is the least burdensome, most efficient means of
aligning NRC regulations with current federal requirements and
implementing E.O. 14300. This regulatory analysis supports the
Commission's determination that this rule is appropriate and necessary
to improve clarity, consistency, and administrative efficiency in the
NRC's regulatory framework.
VIII. Backfitting and Issue Finality
The NRC has determined that the backfitting provisions in 10 CFR
50.109, 53.1390, 70.76, 72.62, and 76.76, as well as the issue finality
provisions in 10 CFR parts 52 and 53, do not apply to this direct final
rule. The regulations amended by this rule are administrative and
procedural in nature, and the amendments do not impose on current
licensees, applicants, or certificate holders new or changed
requirements that are required to design, construct, or operate a
facility. Therefore, this direct final rule does not constitute
backfitting as defined in 10 CFR 50.109(a)(1) and the comparable
provisions in 10 CFR parts 53, 70, 72, and 76. For the same reasons,
the amendments do not affect the issue finality of any approvals issued
under 10 CFR part 52 or 53.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
X. National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
as amended (NEPA) and NRC's NEPA implementing regulations in 10 CFR
part 51, ``Environmental Protection Regulations for Domestic Licensing
and Related Regulatory Functions,'' the NRC has determined that this
direct final rule is the type of action eligible for categorical
exclusion because it meets criterion described in 10 CFR 51.22(a)(3),
which categorically
[[Page 51559]]
excludes amendments to 10 CFR parts 2, 7, and 10, among other parts,
from environmental review. The agency action, therefore, belongs to a
category of actions that the Commission, by rule or regulation, has
declared to be a categorical exclusion, after first finding that the
actions within the category do not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental impact statement nor environmental assessment has been
prepared for this direct final rule.
XI. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and, therefore, is not subject to the requirements of the
Paperwork Reduction Act of 1995.
XII. Executive Orders
The following are Executive Orders that are related to this direct
final rule:
A. Executive Order 12866: Regulatory Planning and Review (as Amended by
E.O. 14215, Ensuring Accountability for All Agencies)
The Office of Information and Regulatory Affairs (OIRA) has
determined that this direct final rule is not a significant regulatory
action.
B. Executive Order 14154: Unleashing American Energy
The NRC has examined this direct final rule and has determined that
it is consistent with the policies and directives outlined in E.O.
14154.
C. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is determined to be a deregulatory action as defined by
E.O. 14192. Details on the estimated costs of this direct final rule
can be found in Section VI, ``Regulatory Analysis,'' of this document.
D. Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash
American Energy
E.O. 14270 requires the NRC to insert a conditional sunset date
into all new or amended NRC regulations provided the regulations are
(1) promulgated under the AEA, the Energy Reorganization Act of 1974,
as amended (ERA), or the Nuclear Waste Policy Act of 1982, as amended
(NWPA); (2) not statutorily required; and (3) not part of the NRC's
permitting regime. The NRC determined that the regulatory changes
proposed in this rule are for processes that are required by statute
and are part of the NRC's regulatory permitting scheme authorized by
the AEA, ERA, or NWPA. Therefore, the NRC views this rulemaking to be
outside the scope of E.O. 14270 and did not insert conditional sunset
dates for the regulatory changes in this direct final rule.
E. Executive Order 14300: Ordering the Reform of the Nuclear Regulatory
Commission
The NRC has examined this direct final rule and has determined that
it is consistent with the policies and directives outlined in E.O.
14300.
XIII. Congressional Review Act
This direct final rule is a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Management and
Budget has found that it does not meet the criteria at 5 U.S.C. 804(2).
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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ADAMS Accession No./web link/
Document Federal Register citation
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NRC Management Directive (MD) 12.3, ML22136A179.
``Personnel Security,'' July 18, 2022.
DNI Security Executive Agent Directive https://www.dni.gov/files/NCSC/
4, ``National Security Adjudicative documents/Regulations/SEAD-4-
Guidelines,'' June 8, 2017. Adjudicative-Guidelines-U.pdf.
GSA Final Rule, ``Federal Management 90 FR 58408.
Regulation; Aligning the Federal
Management Regulation (FMR) With the
Administration's Deregulatory
Priorities,'' December 16, 2025.
NRC Final Rule, ``Streamlining Select 90 FR 54225.
Rules of Practice and Procedure,''
November 26, 2025.
NRC Final Rule, ``Exceptions to Notice 50 FR 13006.
and Comment Rulemaking Procedures,''
April 2, 1985.
Executive Order 12866, ``Regulatory 58 FR 51735.
Planning and Review,'' October 4, 1993.
Executive Order 14154, ``Unleashing 90 FR 8353.
American Energy,'' January 29, 2025.
Executive Order 14192, ``Unleashing 90 FR 9065.
Prosperity Through Deregulation,''
February 6, 2025.
Executive Order 14215, ``Ensuring 90 FR 10447.
Accountability for All Agencies,''
February 24, 2025.
Executive Order 14300, ``Ordering the 90 FR 22587.
Reform of the Nuclear Regulatory
Commission,'' May 29, 2025.
Presidential Memorandum, ``Plain 63 FR 31885.
Language in Government Writing,'' June
10, 1998.
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The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2025-1139.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Freedom of information, Environmental protection, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
[[Page 51560]]
10 CFR Part 7
Advisory committees, Sunshine Act.
10 CFR Part 10
Administrative practice and procedure, Classified information,
Government employees, Security measures.
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 parts 2, 7, and 10.
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j)
also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373
(28 U.S.C. 2461 note).
0
2. In Sec. 2.390, revise paragraph (b)(1)(ii) and (b)(2) and (5) to
read as follows:
Sec. 2.390 Public inspections, exemptions, requests for withholding.
* * * * *
(b) * * *
(1) * * *
(ii) The Commission may waive the affidavit requirements on
request, or on its own initiative, in circumstances the Commission, in
its discretion, deems appropriate. Otherwise, except for personal
privacy information, which is not subject to the affidavit requirement,
the request for withholding must be accompanied by an affidavit that--
(A) Identifies the document or part sought to be withheld;
(B) Identifies the official position of the person making the
affidavit;
(C) Declares the basis for proposing the information be withheld,
encompassing considerations set forth in paragraph (a) of this section;
and
(D) Indicates the location(s) in the document of all information
sought to be withheld.
* * * * *
(2) A person who submits commercial or financial information
believed to be privileged or confidential or a trade secret shall be on
notice that it is the policy of the Commission to achieve an effective
balance between legitimate concerns for protection of the identified
information and the right of the public to be fully apprised as to the
basis for and effects of licensing or rulemaking actions, and that it
is within the discretion of the Commission to withhold such information
from public disclosure.
* * * * *
(5) If the Commission determines, under paragraph (b)(4) of this
section, that the record or document contains trade secrets or
privileged or confidential commercial or financial information, the
Commission will then determine whether the right of the public to be
fully apprised as to the bases for and effects of the proposed action
outweighs the demonstrated concern for protection of the identified
information, and whether the information should be withheld from public
disclosure under this paragraph (b). If the record or document for
which withholding is sought is deemed by the Commission to be
irrelevant or unnecessary to the performance of its functions, it will
be returned to the applicant.
* * * * *
Sec. 2.804 [Amended]
0
3. In Sec. 2.804, amend paragraph (e) introductory text by removing
the word ``shall'' and adding in its place the word ``may''.
0
4. Revise and republish part 7 to read as follows:
PART 7--ADVISORY COMMITTEES
Sec.
7.1 Policy.
7.2 Definitions.
7.3 Interpretations.
7.4 Establishment of advisory committees.
7.5 Consultation with Committee Management Secretariat on
establishment of advisory committees; advisory committee charters.
7.6 Amendments to advisory committee charters.
7.7 Termination, renewal, and rechartering of advisory committees.
7.8 Charter filing requirements.
7.9 Public notification requirements for discretionary advisory
committees.
7.10 The Committee Management Officer.
7.11 The Designated Federal Officer.
7.12 Public participation in and public notice of advisory committee
meetings.
7.13 Minutes of advisory committee meetings.
7.14 Public information on advisory committees.
7.15 Procedures for closing an NRC advisory committee meeting.
7.16 Annual review.
7.17 Reports required for advisory committees.
7.18 Appointment, compensation, and expense reimbursement of
advisory committee members, staffs, and consultants.
7.19 Advisory committee members with disabilities.
7.20 Conflict of interest reviews of advisory committee members'
outside interests.
7.21 [Reserved]
7.22 Fiscal and administrative responsibilities.
Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C.
2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841);
5 U.S.C. Chapter 10 (Federal Advisory Committee Act).
Sec. 7.1 Policy.
The regulations in this part define the policies and procedures to
be used by the Nuclear Regulatory Commission (NRC) in applying the
Federal Advisory Committee Act, as amended (FACA or ``the Act''), 5
U.S.C. chapter 10, to advisory committees established and operated by
the NRC. FACA governs the establishment, operation, administration, and
termination of advisory committees within the executive branch of the
Federal Government. The Act defines what constitutes a Federal advisory
committee, provides general procedures for the executive branch to
follow for operating an advisory committee, and is designed to assure
that the Congress and the public are kept informed with respect to the
number, purpose, membership, activities, recommendations, outcomes, and
cost of advisory committees through reporting requirements. In general,
it is the policy of the Commission that--
(a) Except where there is express legal authority to the contrary,
the function of NRC advisory committees shall be advisory only.
(b) Each NRC advisory committee shall function in compliance with
the Federal Advisory Committee Act and this part.
(c) The number of NRC advisory committees shall be kept to the
minimum necessary, and the number of members of each NRC advisory
committee shall be limited to the fewest necessary to accomplish
committee objectives.
(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
[[Page 51561]]
existing advisory committee or a source within the Federal Government.
(2) Before establishing an advisory committee, the Commission shall
consider whether:
(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) Except where otherwise required by law, an NRC advisory
committee shall be terminated whenever the stated objectives of the
committee have been accomplished, the subject matter or work of the
committee has become obsolete, the committee's main functions have been
assumed by another entity within the Federal Government, or the cost of
operating the committee has become excessive in relation to the
benefits accruing to the Federal Government from its activities.
(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.
(f) NRC advisory committees shall be balanced in their membership
in terms of the points of view represented and the functions to be
performed.
(g) The Congress shall be kept informed of the number, purpose,
membership, activities, and cost of NRC advisory committees.
(h) NRC advisory committee meetings shall be open to the public,
except where closure is determined to be justified under Sec. 7.15.
(i) The Commission may periodically invite feedback from the public
regarding the effectiveness of NRC advisory committees.
(j) If the regulations in this part conflict with those promulgated
by the General Services Administration (GSA) found at 41 CFR part 102-
3, the GSA regulations control.
Sec. 7.2 Definitions.
The following definitions apply to this part:
Act means the Federal Advisory Committee Act, as amended, 5 U.S.C.
chapter 10.
Administrator means the Administrator of General Services.
Advisory committee means any committee, board, commission, council,
conference, panel, task force, or other similar group, which is
established by statute, or established or utilized by the President or
any agency official to obtain advice or recommendations for the
President or on issues or policies that fall within the scope of agency
responsibilities (codified at 5 U.S.C. 1001). Advisory committees are
subject to the Act unless specifically exempted by the Act, or by other
statutes, or not covered by this part. The following are examples of
meetings or groups that the term ``advisory committee'' does not
include:
(1) Any group composed wholly of full-time or permanent part-time
officers or employees of the Federal Government;
(2) Any group specifically exempted from the Act by statute;
(3) Any local civic group whose primary function is that of
rendering a public service with respect to a Federal program, or any
groups established to advise State or local officials;
(4) Any committee established to perform primarily operational as
opposed to primarily advisory functions specifically. 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) Groups assembled where attendees provide individual advice to a
Federal official(s);
(6) Meetings where individual rather than consensus advice is
sought, such as roundtable discussions, workshops, townhall meetings,
listening sessions, fact-finding meetings, meetings with an individual,
or meetings with small groups of experts that do not involve regular
meetings and collective recommendations;
(7) Committees or groups created by a non-Federal entity that is
not managed or controlled by the executive branch;
(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 committee composed wholly of 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 behalf), acting in their
official capacities, and exclusively discussing matters relating to the
management or implementation of Federal programs established pursuant
to public law that explicitly or inherently share intergovernmental
responsibilities or administration (sec. 204(b) of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management
and Budget (OMB) Memorandum M-95-20, dated September 21, 1995);
(10) 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;
(11) 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, rather than provided directly to a Federal
officer or agency or adopted without further deliberations by the
parent advisory committee;
(12) Groups assembled to exchange facts or information with a
Federal official(s);
(13) Public engagement that is required by statutes, including but
not limited to: notice and comment rulemaking under the Administrative
Procedure Act (5 U.S.C. 551-559), public meetings required under the
National Environmental Policy Act (42 U.S.C. 4321), or public
participation under the Resource Conservation and Recovery Act (42
U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe
Drinking Water Act (42 U.S.C. 300j-9) and the National Historic
Preservation Act section 106 (54 U.S.C. 306108);
(14) Meetings with pre-existing non-governmental groups such as
trade associations, advocacy groups, veterans organizations,
environmental groups, or religious organizations where each group
already has formulated views that it seeks to share with the
Government; and,
[[Page 51562]]
(15) Meetings where the NRC is either providing its views to the
private sector, or is assisting the private sector in developing
guidance for itself.
Agency means an agency of the Government of the United States as
defined in 5 U.S.C. 551(1).
Agency head means the head of an executive branch agency,
department, or commission, or their designated delegate.
Chairperson means the advisory committee or subcommittee member who
serves in this role on an advisory committee by statutory requirement
or invitation by Presidential authority or by the NRC's authority.
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 Officer (CMO) means the individual designated
by the Chairman, pursuant to Sec. 7.10(a), to supervise and control
the establishment and management of NRC advisory committees, and to
implement the provisions of section 8(b) of the Act (codified at 5
U.S.C. 1007(b)), and any delegated responsibilities of the Commission
under the Act.
Committee Management Secretariat (Secretariat) means the
organization established pursuant to section 7(a) of the Act (codified
at 5 U.S.C. 1006(a)), which is responsible for all matters relating to
advisory committees and carries out the responsibilities of the
Administrator under the Act and Executive Order 12024.
Committee meeting means any gathering of advisory committee members
(whether in person or electronically, such as using telecommunications
or through a virtual platform), held with the approval of an agency,
and with a Designated Federal Officer in attendance, for the purpose of
deliberating on the matters upon which the advisory committee provides
advice or recommendations.
Committee member means an individual who serves by appointment or
invitation by the appointing authority on an advisory committee or
subcommittee.
Committee staff means any Federal employee, private individual, or
other party (whether under contract or not) who is not a committee
member, and who serves in a support capacity to an advisory committee
or subcommittee.
Designated Federal Officer (DFO) means an individual designated by
the Chairman, pursuant to Sec. 7.11(a), for which the Commission is
responsible, to implement the provisions of sections 10(e) and (f) of
the Act (codified at 5 U.S.C. 1009(e) and (f)) and any advisory
committee procedures of the agency under the control and supervision of
the CMO.
Discretionary advisory committee means any advisory committee that
is established under the authority of an agency head or authorized by
statute, and its establishment or termination is within the legal
discretion of an agency head.
Non-discretionary advisory committee means any advisory committee
either required by statute or Presidential directive, and its
establishment or termination is beyond the legal discretion of an
agency head.
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 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
authorized by the Congress or directed by the President to advise the
President.
Subcommittee means a group that reports to an advisory committee,
and not directly to a Federal officer or agency, whether or not its
members are drawn in whole or in part from the parent advisory
committee.
Utilized by means a committee over which the President or a Federal
officer or agency exercises actual management or control of its
operation, whether or not it was established by the Federal Government.
Sec. 7.3 Interpretations.
Except as specifically authorized by the Commission in writing, no
interpretation of the meaning of the regulations in this part by an NRC
officer or employee, other than a written interpretation by the General
Counsel, shall be binding upon the Commission.
Sec. 7.4 Establishment of advisory committees.
(a) FACA identifies four sources of authority for establishing an
advisory committee. An NRC advisory committee may be established under
this part only if its establishment--
(1) Is required by statute where Congress establishes an advisory
committee, or specifically directs the President or the NRC to
establish it (non-discretionary);
(2) Is by Presidential directive (non-discretionary);
(3) Is authorized by statute where Congress authorizes, but does
not direct the President or the NRC to establish it (discretionary); or
(4) Is by the NRC under general authority in title 5 of the United
States Code or under other agency-authorizing statutes (discretionary).
(b) The public interest determination required by paragraph Sec.
7.5(a) shall be a matter of formal record.
Sec. 7.5 Consultation with Committee Management Secretariat on
establishment of advisory committees; advisory committee charters.
(a) Consultation with the Secretariat. To establish, renew,
reestablish, or merge a discretionary advisory committee, the
Commission shall first consult with the Secretariat and, as part of the
consultation, provide a written public interest determination approved
by the Commission to the Secretariat documenting that the
establishment, renewal, reestablishment, or merger of the committee is
essential to the conduct of NRC business and that the information to be
obtained is not already available through another advisory committee or
source within the Federal Government. At a minimum, the following
factors should be addressed in the written public interest
determination provided to the Secretariat (with a copy to OMB) to
demonstrate that establishing the committee is in the public interest:
(1) Annual budget and expected costs broken into:
(i) Federal personnel (based on full-time equivalent (FTE) usage
basis) and other Federal internal costs;
(ii) Proposed payments to members and number of members; and
(iii) Reimbursable costs;
(2) If applicable, the total dollar value of grants expected to be
recommended during the fiscal year;
(3) Criteria for selecting members to ensure the committee has the
necessary expertise and fairly balanced membership;
(4) List of all other Federal advisory committees of the NRC;
(5) Justification that the information or advice provided by the
Federal advisory committee is not available from another Federal
advisory committee, another Federal Government source or any other more
cost-effective and less burdensome source; and
(6) If the justification relates to a renewal, a summary of the
previous accomplishments of the committee and the reasons it needs to
continue.
(b) Considerations for fairly balanced membership. To comply with
the Act's requirement for fairly balanced membership, during the
Federal advisory committee member
[[Page 51563]]
recruitment process the NRC should consider the following:
(1) The points of view required. During the formation of the
advisory committee membership and as membership vacancies occur, the
NRC should ensure that it fully considers and understands the potential
implications or anticipated impacts of the advisory committee's
potential recommendations. This includes consideration of the groups
and entities potentially affected or interested in such
recommendations, as appropriate based on the nature and functions of
the advisory committee, so that the NRC can make informed decisions on
the areas of expertise or perspectives that would advance the work of
the advisory committee. Advisory committees requiring technical
expertise should include persons with demonstrated professional or
personal qualifications and experience relevant to the functions and
tasks to be performed by the committee.
(2) Outreach. Having identified the points of view that would
promote a fairly balanced advisory committee membership, the NRC should
conduct broad outreach.
(c) Advisory committee charters. An advisory committee charter is
intended to provide a description of an advisory committee's mission,
goals, and objectives. The Commission approves advisory committee
charters for establishments, renewals, re-establishments, or mergers.
The charter must contain the following information:
(1) The advisory committee's official designation (official name);
(2) The legal authority that permits the advisory committee to be
established;
(3) The objectives and the scope of the advisory committee's
activities;
(4) A description of the duties for which the advisory committee is
responsible and specification of the authority for any non-advisory
functions;
(5) The NRC official(s) to whom the advisory committee submits its
recommendations;
(6) The NRC office responsible for providing the necessary support
to the advisory committee;
(7) The estimated annual costs to operate the advisory committee in
dollars and person years (FTE). The estimated costs should break down
all costs into the three categories described in paragraph (a)(1) of
this section;
(8) The estimated number and frequency of the advisory committee's
meetings;
(9) The period of time necessary for the committee to carry out its
purposes;
(10) The planned termination date, if less than two years from the
date of establishment of the advisory committee;
(11) The estimated number of advisory committee members, the
expertise or experience required, and the anticipated committee member
designations;
(12) Whether subcommittees may be created and by whom; and
(13) The date the charter is filed in accordance with Sec. 7.8.
(d) Subcommittees. In general, the requirements of the Act and the
policies of this part do not apply to subcommittees of advisory
committees as long as the subcommittee reports only to that parent
advisory committee and not directly to a Federal officer or the NRC.
However, before establishing a subcommittee under a discretionary
committee that is not made up entirely of members of a parent advisory
committee, the Commission shall follow the same consultation process
and document in writing the same determination of need for the
subcommittee as is required under paragraph (a) of this section.
Sec. 7.6 Amendments to advisory committee charters.
The Commission is responsible for amending the charter of an
advisory committee. Final authority for amending the charter of an NRC
advisory committee established or utilized by the NRC is vested in the
Commission. Amending any existing advisory committee charter does not
constitute renewal of the advisory committee under Sec. 7.7. A
committee charter that has been amended pursuant to this introductory
text is subject to the filing requirements set forth in Sec. 7.8. The
procedures for making changes and filing amended charters will depend
upon the authority basis for the advisory committee:
(a) Non-discretionary advisory committees. When Congress by law, or
the President by Presidential directive (e.g., Executive order),
changes the authorizing language that has been the basis for
establishing an NRC advisory committee, the Commission shall amend
those sections of the current charter affected by the new statute or
Presidential directive and file the amended charter as specified in
Sec. 7.8.
(b) Discretionary advisory committees. The Commission shall amend
the charter of a discretionary advisory committee when the Commission
determines that provisions of a filed charter are inaccurate or
obsolete, specific provisions have changed, such as the name of the
advisory committee, number of members, estimated number or frequency of
meetings, objectives, or estimated costs, or when advisory committees
need to be merged. When a statute or Executive order that authorized
the establishment of a discretionary advisory committee is amended,
those sections of the advisory committee's charter affected by the
amendments shall also be amended. The NRC shall then file the amended
charter as specified in Sec. 7.8.
(c) General Counsel coordination. 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.
(d) Public notification of charter amendments. The NRC shall post
an announcement and a copy of the charter amendment on the advisory
committee website. If an advisory committee website is not available,
the NRC shall publish a notice of amendment in the Federal Register.
The Federal Register notice publishing or website posting of charter
amendments may be performed concurrently with the filing of the
charter. The publishing requirement in the Federal Register does not
apply to a non-discretionary advisory committee if the amendment was
the result of a legislative change or Presidential directive.
Sec. 7.7 Termination, renewal, and rechartering of advisory
committees.
(a) Except as provided in paragraph (b)(1) of this section, each
NRC advisory committee shall terminate two years after it is
established, reestablished, or renewed, unless--
(1) The President or the Commission, as applicable, determines that
the advisory committee has fulfilled the purpose for which it was
established and terminates the advisory committee sooner;
(2) The President or the Commission, as applicable, determines that
the advisory committee is no longer carrying out the purpose for which
it was established and terminates the advisory committee sooner;
(3) The statutory authority used to establish the advisory
committee provides a different duration or termination, either stated
in or implied by operation of the statute; or
(4) The President or the Commission, as applicable, renews the
advisory committee not later than two years after its date of
establishment, renewal, or reestablishment in accordance with Sec.
7.4.
(b)(1) An NRC advisory committee that is established by statute
shall
[[Page 51564]]
require rechartering by the filing of a new charter every two years
after the date of enactment of the statute establishing the committee.
If the committee's charter lapses before a new charter is filed, the
committee is not terminated, but it may not meet or take any actions
until a new charter is filed.
(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.
(c) The NRC Committee Management Officer shall notify the Committee
Management Secretariat of the effective date of termination of any NRC
advisory committee.
(d) If the Commission needs an advisory committee that was
terminated and there is still adequate authority, as described in Sec.
7.4, for establishing the advisory committee, the committee can be
reestablished in accordance with Sec. 7.5.
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 or by another agency official designated by
the Commission.
(a) To amend a charter for, or establish (including due to a
merger), 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. The date of filing with these
congressional committees constitutes the official date of establishment
for the advisory committee;
(3) The Library of Congress;
(4) The Committee Management Secretariat, indicating the date the
charter was filed with the congressional committees; and
(5) The Office of Management and Budget (OMB).
(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, renewal, merger, or reestablishment
for a Presidential advisory committee is the date the charter is filed
with the Secretariat.
Sec. 7.9 Public notification requirements for discretionary advisory
committees.
(a) After submitting to the Secretariat the written public interest
determination containing the information required under Sec. 7.5(a),
and following receipt of an assessment by the Secretariat providing its
views on whether establishment of the advisory committee is in the
public interest or notification from the Secretariat that no such
assessment will be produced, the NRC shall publish a notice in the
Federal Register announcing that the advisory committee is being
established, renewed, reestablished, or merged. The notice must include
the written public interest statement approved by the Commission
described in Sec. 7.5(a) and any assessment provided by the
Secretariat.
(b) The required notices for establishment, renewal,
reestablishment, or merger must appear at least seven calendar days
before the charter is filed, unless the Secretariat approves less than
seven calendar days when requested by the NRC in exceptional
circumstances.
Sec. 7.10 The Committee Management Officer.
(a) The Chairman of the Commission or designee shall designate a
Committee Management Officer (CMO) to carry out the functions specified
in paragraph (b) of this section.
(b) The CMO shall--
(1) Carry out all responsibilities delegated to such officer by the
Commission and manage the NRC's FACA program;
(2) Ensure that administrative guidelines and management controls
are issued that apply to all NRC advisory committees and issue
guidelines specifying the content of committee bylaws;
(3) Exercise control and supervision over the establishment,
procedures, and accomplishments of NRC advisory committees;
(4) Assemble and maintain the reports, records, and other papers of
any such committee during the committee's existence;
(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 website, https://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;
(8) Ensure that NRC keeps such records as will fully disclose the
disposition of any funds that may be at the disposal of NRC advisory
committees and the nature and extent of their activities;
(9) Ensure that NRC keeps such other records and provides such
support services as are required by Sec. 7.22; and
(10) Ensure that sections 10(b), 12(a), and 13 of the Act (codified
at 5 U.S.C 1009(b), 1011(a), and 1012, respectively) are implemented by
the NRC to provide for appropriate recordkeeping. Records to be kept by
the CMO include, but are not limited to:
(i) A set of filed charters for each advisory committee and
membership lists for each advisory committee and subcommittee;
(ii) Copies of the information provided as the NRC's portion of the
annual comprehensive review of Federal advisory committees, prepared
according to Sec. 7.16;
(iii) NRC administrative guidelines maintained and updated on
committee management operations and procedures; and
(iv) NRC determinations to close or partially close advisory
committee meetings required by Sec. 7.15.
Sec. 7.11 The Designated Federal Officer.
(a) The Chairman of the Commission or designee shall designate a
Designated Federal Officer (DFO) or alternate DFO for each NRC advisory
committee and its subcommittees. The individual(s) holding such
positions must be employed by the Federal Government on either a full-
time or a permanent part-time basis.
(b) The DFO or alternate DFO must:
(1) Ensure that their committee activities comply with the Act,
this part, and any other applicable laws, regulations, or NRC
administrative procedures;
[[Page 51565]]
(2) Approve or convene all meetings of the NRC advisory committee
or subcommittee;
(3) Approve the agenda for each committee meeting (except a meeting
of a Presidential advisory committee);
(4) Attend all meetings of the committee and subcommittees for
their duration;
(5) Adjourn any meetings of the committee or subcommittees when the
DFO determines such adjournment is in the public interest;
(6) Chair any meetings of the committee or subcommittees when so
directed by the Commission;
(7) Maintain information on advisory committee activities and
provide such information to the public, as applicable;
(8) 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 website, https://www.nrc.gov, at the NRC
Public Document Room, or both.
(9) Ensure compliance with the requirements of Sec. 7.13 regarding
minutes of meetings of the committee; and
(10) Ensure advisory committee members and subcommittee members, as
applicable, receive the appropriate training (e.g., FACA overview,
ethics training) for compliance with the Act and this part.
(c) An NRC advisory committee may not hold a meeting in the absence
of its DFO or alternate DFO.
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 part. The
size of the meeting room must be sufficient to accommodate advisory
committee members, advisory committee or agency staff, and a reasonable
number of interested members of the public, except that the provisions
of this paragraph (a) 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. The Federal Register notices, agendas, and supporting
materials related to each meeting should be posted on the agency
advisory committee website as soon as they are available or at the time
they are provided to the advisory committee members.
(b) Any member of the public who wishes to do so shall be permitted
to file a written statement with an NRC advisory committee whether or
not the statement is related to a specific meeting. The committee
chairperson may also permit members of the public to speak at meetings
of the committee in accordance with procedures established by the
committee.
(c)(1) At least seven calendar 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 (or subcommittee, if
applicable);
(ii) The time, date, physical place (and/or instructions to connect
electronically), and purpose of the meeting;
(iii) Whether meeting registration is required;
(iv) A summary of the agenda of the meeting, and/or topics to be
discussed and instructions on how to access meeting materials;
(v) A statement whether all or part of the meeting is open to the
public or closed; if the meeting is closed in whole or in part, state
the reasons why under Sec. 7.15, citing the specific exemption(s) of
the Government in the Sunshine Act, 5 U.S.C. 552b(c);
(vi) Instructions for submitting written comments, and oral
comments, if permitted;
(vii) Instructions on how to submit a request for physical meeting
or electronic meeting accommodations consistent with the relevant
sections of the Rehabilitation Act, as amended, 29 U.S.C. 794; and
(viii) The contact information for the DFO, alternate DFO, or other
responsible agency official, or agency electronic mailbox for the
committee, to contact for additional information concerning the
meeting.
(2) In exceptional circumstances, or when the President determines
in writing that it is necessary for reasons of national security, less
than seven calendar days' notice of an advisory committee meeting may
be given, provided that there is as much prior notice as possible and
the reasons for the shorter time are included in the committee meeting
notice published in the Federal Register.
(3) 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.
(d) 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 website, https://www.nrc.gov, notice by mail, social media, etc., to inform the public
of advisory committee meetings and provide as much advance notice as
possible. To that end, the DFO 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.
(e) 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.
Sec. 7.13 Minutes of advisory committee meetings.
(a) Detailed minutes shall be kept of each NRC advisory committee
meeting, including one that is closed or partially closed to the
public. The minutes shall include the following information:
(1) The time, date, and place (or electronic format) of the
advisory committee meeting;
(2) A list of the persons who were present at the meeting,
including advisory committee members and staff, agency employees, or
members of the public who presented oral or written statements;
(3) An estimate of the number of other members of the public who
were present;
(4) The extent of public participation; and
(5) An accurate description of each matter discussed during the
meeting and its resolution, if any, made by the advisory committee at
the meeting.
(b) The minutes of an NRC advisory committee meeting shall include
a copy of each report or other document received, issued, or approved
by the advisory committee in connection with the meeting. If it is
impracticable to attach a document to the minutes, the minutes shall
describe the document in sufficient detail to permit it to be
identified readily.
(c) The chairperson of an NRC advisory committee shall certify to
the accuracy of the minutes of each of the committee's meetings. In the
case of a subgroup of an advisory committee, the chairperson of the
subgroup shall certify to the accuracy of the minutes.
(d) A verbatim transcript of an advisory committee meeting may be
substituted for minutes required by this
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section, providing that the use of such a transcript is in accordance
with the requirements of paragraphs (a), (b), and (c) of this section.
(e) The DFO must ensure that minutes are certified for accuracy by
the chairperson within 90 calendar days of the meeting to which they
relate. The advisory committee should post the meeting minutes on the
agency website for that advisory committee.
Sec. 7.14 Public information on advisory committees.
The NRC seeks to be as transparent and timely as possible when
providing public access to advisory committee activities and materials.
The NRC, as appropriate, shall establish public-facing websites to help
the public understand the NRC's advisory committee program and use
additional notification methods to reach advisory committee
stakeholders pursuant to section 10 of the Act (codified at 5 U.S.C
1009).
(a) The NRC 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 website, https://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 website, https://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).
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 DFO 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(c)), as implemented by 10 CFR 9.104, that
justifies the closure. The request shall provide the General Counsel
sufficient time to review the matter 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,
FACA, 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) 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 must
comply with the provisions of Sec. 7.12 applicable to closed meetings.
(d) The following activities of an advisory committee are excluded
from the procedural requirements contained in this part pertaining to
notice and open meetings:
(1) Preparatory work. Meetings of two or more advisory committee or
subcommittee members convened solely to gather information, conduct
research, or analyze relevant issues and facts in preparation for
deliberation by advisory committee members in a public meeting of the
advisory committee, or deliberation by subcommittee members in a public
meeting of the subcommittee (where applicable). These meetings to
conduct preparatory work do not include deliberation among advisory
committee or subcommittee members; and
(2) Administrative work. Meetings of two or more advisory committee
or subcommittee members convened solely to discuss administrative
matters of the advisory committee or subcommittee (such as meeting
logistics) or to receive administrative information from a Federal
officer or agency (such as a briefing on ethics or FACA procedural
requirements).
Sec. 7.16 Annual review.
(a) The Commission shall conduct an annual review of the activities
and responsibilities of each NRC advisory committee to determine
whether the committee--
(1) Is carrying out its purposes or, consistent with the public
interest and, as applicable, provisions of applicable statutes, its
responsibilities should be revised or renewed;
(2) Should be merged with another advisory committee; or
(3) Should be terminated.
(b) The review required by paragraph (a) of this section shall
include consideration of such information regarding the committee as is
required for the Commission's annual report to the Secretariat pursuant
to Sec. 7.17(a), including consideration of the criteria listed in
Sec. 7.5(a), and such other information as may be requested from the
Committee by the CMO. The results of such review shall be included in
the annual report to the Secretariat.
(c) If, as a result of the review required by this section, the
Commission determines that an advisory committee is no longer needed,
the committee shall be terminated; except that in the case of an
advisory committee established by an Act of Congress or the President,
the committee's termination shall be recommended to the President or
the Congress, as the case may be.
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 Secretariat on a fiscal year basis.
The report must contain information regarding NRC advisory committees
consistent with instructions provided by the Secretariat. The
information provided by the Commission regarding its advisory
committees is contained in the Secretariat's report as part of the
annual comprehensive review which is available on the GSA FACA
database.
(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 as would be informative to the public
consistent with the policy of the Freedom of Information Act reflected
at 5 U.S.C. 552(b). A copy of the report shall be made available at the
NRC website, https://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
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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 experts or consultants,
shall be filed for public inspection and use with the Library of
Congress.
Sec. 7.18 Appointment, compensation, and expense reimbursement of
advisory committee members, staffs, and consultants.
(a) The Commission appoints or invites individuals to serve on
committees, unless otherwise provided for by a specific statute or
Presidential directive. 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 for the work involved; 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 III of the
Executive Schedule under 5 U.S.C. 5314, unless a higher rate is
expressly allowed by another statute. The Commission may not provide
additional compensation in any form, such as bonuses or premium pay.
(d)(1) Federal employees serving as either an advisory committee
member or as a staff person remain covered during the assignment by the
compensation system of their employing agency.
(2) 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) Advisory committee members, while engaged in the performance of
their duties away from their homes or regular places of business, may
be allowed reimbursement for travel expenses, including per diem, per
the rates established for employees by the GSA Administrator at 5
U.S.C. 5702. In order to minimize travel expenses, virtual meetings
should be held or virtual attendance should be provided for committee
members who would otherwise need to travel. Reimbursement of travel
expenses should only be done when the Presidential directive,
authorizing statute, or committee charter allows for it, funds are
available, and expenditure of funds will not exceed budgeted amounts.
(f) Nothing in this section shall 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 Salary Schedule and
evaluation system.
Sec. 7.19 Advisory committee members with disabilities.
While performing advisory committee duties, an advisory committee
member with disabilities may be provided the same services by a
personal assistant as those that may be provided to employees per 5
U.S.C. 3102.
Sec. 7.20 Conflict of interest reviews of advisory committee members'
outside interests.
The DFO or alternate DFO for each NRC advisory committee and the
General Counsel or designee shall review the interests and affiliations
of each member of the DFO'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 conflict
of interest laws and Federal ethics requirements applicable to that
member and that the advice or recommendations of the committee will not
be inappropriately influenced by the appointing authority or by any
special interest, but will instead be the result of the advisory
committee's independent judgment.
Sec. 7.21 [Reserved]
Sec. 7.22 Fiscal and administrative responsibilities.
Committees should actively seek to minimize costs associated with
their activities and should be transparent about all expenditures. The
NRC shall keep records fully disclosing the amount budgeted to each
committee, a detailed account of all committee expenditures and NRC
expenditures on behalf of the committees, and the nature and extent of
their activities. This information shall be reported to the Secretariat
as part of the Secretariat's annual comprehensive review, and NRC
websites for individual committees shall include this information or a
link to where this information may be accessed in GSA's FACA database.
(a) The Office of the Chief Financial Officer shall keep such
records as will fully disclose the disposition of any funds that may be
at the disposal of NRC advisory committees.
(b) Before establishing an advisory committee, the NRC shall
identify requirements and ensure that adequate resources are available
to support anticipated activities, such as work and meeting space,
necessary technology, supplies and equipment (e.g., adequate virtual
meeting capabilities), Federal staff support, access to key
decisionmakers, and member access to meetings.
PART 10--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR
ACCESS TO RESTRICTED DATA OR NATIONAL SECURITY INFORMATION OR AN
EMPLOYMENT CLEARANCE
0
5. The authority citation for part 10 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 145, 161 (42 U.S.C.
2165, 2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C.
5841); E.O. 10450, 18 FR 2489, 3 CFR, 1949-1953 Comp., p. 936, as
amended; E.O. 10865, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398, as
amended; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391.
0
6. In Sec. 10.1, revise paragraph (b) to read as follows:
Sec. 10.1 Purpose.
* * * * *
(b) This part is published to implement the Atomic Energy Act of
1954, as amended; the Energy Reorganization Act of 1974, as amended;
Executive Order 10865; Executive Order 10450; Executive Order 12968;
and Security Executive Agent Directive 4, National Security
Adjudicative Guidelines (Effective June 8, 2017), as issued by the
Director of National Intelligence, or any successor directive.
0
7. Revise Sec. 10.11 to read as follows:
Sec. 10.11 Criteria.
(a) Eligibility for access authorization and/or employment
clearance shall be determined in accordance with Security
[[Page 51568]]
Executive Agent Directive 4, National Security Adjudicative Guidelines
(SEAD 4) (Effective June 8, 2017), as issued by the Director of
National Intelligence, or any successor directive.
(b) In applying the guidelines in paragraph (a), the NRC shall
consider the whole person concept, evaluating the individual's conduct
in context, including, but not limited to, the nature, extent, and
seriousness of the behavior; the circumstances surrounding the conduct;
the frequency and recency of the behavior; the individual's age and
maturity at the time of the conduct; and evidence of rehabilitation or
positive change.
Dated: August 7, 2026.
For the Nuclear Regulatory Commission.
Jody Martin,
Secretary of the Commission.
[FR Doc. 2026-16374 Filed 8-10-26; 8:45 am]
BILLING CODE 7590-01-P