ML20245K479
| ML20245K479 | |
| Person / Time | |
|---|---|
| Issue date: | 06/21/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-54FR26947, RULE-PR-7 NUDOCS 8907050140 | |
| Download: ML20245K479 (39) | |
Text
,
m*
+ DOCKET NUMBER --g ['9 [7399,g3)
PROPOSED RULE lSV0 N $
NUCLEAR REGULATORY COMMISSION
%f 10 CFR Part-7 RIN: 3150-AD25 W JN 23 A11:03 Advisory Committees
/ AGENCY: Nuclear Regulatory Commission. R$
ACTION: Final rule.
SUMMARY
- This final rule amends the regulations that define the policies and
! procedures to be followed by the Nuclear Regulatory Comission (NRC) in the establishment, utilization, and termination of advisory committees.. This amendment is intended to reflect administrative and managensent changes that i
have taken ' place since NRC's regulations were publishe.d in 1975 and to maintain consistency between NRC regulations and those issued by the General Services Administration in 1987.
EFFECTIVE DATE: June 27, 1989.
FOR FURTHER INFORMATION CONTACT: Susan Fonner, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-1632.
SUPPLEMENTARY INFORMATION: The Federal Advisory Committee Act (Pub. L.92-463 5 U.S.C. App.) w6s enacted in 1972 to regulate the formation and operation of advisory comittees by Federal agencies. Purn ant to authority provided by section 7(c) of the Act and Executive Order 12024 (42 FR 61445), the General l
Services Administration has the responsibility for providing government-wide guidelines on the subject. In implementation of this responsibility, GSA i issued a final rule in late 1987 (effective January 4,1988) providing r gg leb'^
8907050140 890621 fu ~g 4F 6947 PDR {
i h $ [7590-01] i administrative and interpretive guidelines and management controls for Federal .
- agencies concerning the implementation of the Act.
Section 8(c) of the Federal Advisory Committee Act directs the head of cach Federal agency to establish uniform administrative guidelines and management controls for advisory committees este.blished by that agency. In 1975, the Nuclear Regulatory Commission implemented this requirement by issuing NRC's Advisory Committee regulations (10 CFR Part 7). The present revision of NRC's regulations is intenced to reflect administrative and management changes that have taken place since NRC's regulations were published in 1975 and to traintain consistency between NRC regulations and those issued by the General .
Services Administr6 tion in 1987.
Because these arendments relate to matters of agency management or personnel, good cause exists for omitting notice of proposed rulemaking and public procedures thereon, as unnecessary, and for making the amendments effective upon publication in the Federal Register.
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 this rule.
Paperwork Reduction Act Statement 2
[7590-01]
This final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.).
REGULATORY ANALYSIS In 1972, the Congress enacted the Federal Advisory Comittee Act (Pub. L.92-463, 5 U.S.C. App.) to regulate the formation and operation cf advisory .,
ccmittees by Federal agcncies. Section 8(a) of the Act directs the head of Gach Federal agency to establish uniform administrative guidelines and management controls for advisory comittees established by that agen'cy. NRC implemented this requirement by issuing Advisory Comittee regulations (10 CFR. Part 7) in 1975.
The Act also requires the establishment of administrative guidelines and l of management controls on a government-wide basis (section 7(c)). In implementation of this requirement, the General Services Administration issued a final rule, effective January 4, 1988, providing administrative and interpretive guidelines and management controls for Federal agencies concerning the implementation of the Act.
1 Because most of NRC's regulations on the subject have not been revised j l
since their issuance in 1975, they do not incorporate all of the requirements j l
of the GSA rule. For example, GSA's regulations make it clear that whenever an agency proposes to establish an advisory comittee, it is required to submit a i
3
-[7590-01]l .q written request for review of the proposal to GSA's Committee Management Secretariat, anc the letter of reouest must contain certain prescribed infomation. While NRC's currei.t regulations contain references to con-sultation with the GSA Secretariat, the fom of consultation appears to be at the Commission's option.
NRC's current regulations also do not reflect many of the administrative' and nanagement changes that have taken' place since 1975. For example. the NRC. {
regulations do not reflect the fact that the principal functions of guiding and coordin6 ting the administration,of the Act, which the Act vested in the ,
' President and the Director of the Office of Management and Budget, were transferred to the Administrator of.the General Services Administration by Executive Order 12024-of December 1, 1977 (42 FR 61445). They also do not reflect the current operational responsibilities of the Chairman of the Commission in such matters as personnel appointments and administrative. support services.
4 In view of the above, the Comission has determined that NRC's Aovisory Committee regulations should be revised to mde them more consistent with current administrative ano management practices and the Federal Advisory i
Counittee Management regulations of the General Services Administration. The Commission believes that this alternative is to be preferred to the unrevised 10 CFR Part 7.
Backfit Analysis t
4
- '. [7590-01]
The NRC has determined that the backfit rule, 10 CFR 50.109, does not' apply to this final rule and, therefore, that a backfit analysis is not required for this final rule because these amendments do not involve any.
provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
1 LIST OF SUBJECTS IN 10 CFR PART 7 Advisory comnittees, Sunshine Act.
For the reasons set out in the preamble and under the authority of the Federal Advisory Committee Act, as amended. -5 U.S.C. App., the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, 41 CFR Part 101-6, and 5 ll.S.C. 553, the NRC is amending 10 CFR Part 7 as set forth below.
- 1. Part 7 is revised to read as follows:
~
PAP,T 7 - ADVISORY COMITTEES i i
Sec.
1 I
7.1 Policy. {
7.2 Definitions.
5 L-_-_-______-_-__-__.
r-
[-
[7590-01]
-7.3 Interpretations.
l "7.4 Establishment of advisory committees.
7.5' Review of establishment of advisory conunittees by GSA Secretariat; Advisory committee charters.
7.6 - Amendments to advisory conriittee charters.
-7.7 Termination, renewal, and rechartering of advisory comittees. !
~
7.8 Charter fi1ing requirements.
7.9 Public notice of aovisory committee establishment, reestablishment, or renewal.
7.10 The NRC Advisory 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 consnittee meetings. ,
l L
L ___ _ -_ _ _ _ -__ -_ _ ________
[7590-01]
i 7.14 Public information cn advisory committees. .j I
i 7.15 Procedures for closing an NRC advisory connittee meeting.
7.16 Annual comprehensive review. I 7.17 P.eports required for advisory committees.
7.18 Compensation and expense reimbursement of advisory comnittee members, staffs, and consultants.
7.19 Handicapped members of advisory comittees.
7.20 Conflict of interest reviews of advisory committee members' outside interests.
7.21 Costs of duplication of documents.
7.22 Fiscal and administrative responsibilities.
AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, BB Stat. 1242, as amended (42 U.S.C. 5841); Pub. L.92-463. 86 Stat. 770 (5 U.S.C. App.).
l t
6 7.1 Policy.
7
_ _ _ _ __ . _ _ i
u i ii .
4
[7590-01]
i The regulations in this part define the policies and procedures to be followed by the huclear Regulatory Commission in the establishment,-
. utilization, and termination of'aovisory committees. In general, it is the.
-policy of the Commission that--
(a) Except wh'ere there is express legal authority to the contrary, the function of NRC advisory comittees shall be advisory only.
(b) Each NRC advisory comittee shall function in compliance with the.
Federal /dvisory Committee Act and this part.
(c) The number of fiRC advisory committees shall be kept to the minimum n2cessary, and the number of members of each NRC advisory comittee sh611 be limited to the fewest necessary to acconiplish committee objectives.
(d) An NRC aavisory committee shall be established only when establishment of the comittee is required by law or when the Commission determines that the committee is essential to the conduct of fiRC business. In making such a determination, the Commission shall consider whether committee deliberations will result in a significant contribution to the creation, amendment, or elimination of regulations, guidelines, or rules affecting NRC business; whether the information to be obtained is available through another source within the Federal Government; whether the committee will make recommendations resulting in significant improvements in service or reductions in cost; or whether the comittee's recommendations will provide an important additional perspective or viewpoint relating to NRC's mission.
C L_ __ __ _ _ __
I
~'
[7590-01]
(e) Except where otherwise required by law, an NRC advisory comittee shall be terminated whenever the stated objectives of the committee have been accomplished, the subject matter or work of the comittee has become obsolete, ,
l the committee's main functions have been assunied by another entity within the i 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.
(f) NRC advisor.) 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, ar.d cost of NRC advisory committees.
(h) NRC advisory committee meetings shall be open to the public, except where closure is determir,ed to be justified under 6 7.15.
9 7.2 Definitions.
As used in this part:
(a) "Act means the Federal Advisory Committee Act, as amended, 5 U.S.C.
App.
(b) " Administrator" rr. cans the Administrator of General Services.
9
_ __ _ _- _ .- _ J
- [7590-0' 1J. )
4
- (c)(1)" Advisory committee" means any comittee, board . commission,~ council, conference, panel, task. force, or similar group, or any subcommittee.or other l j i '
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 Fedetal Government, or that is established or utilized by the President I
or any agency official to obtain advice or recommendations on issues or l l
policies that. fall within the scope of his or her responsibilities; except that 1 l
the term " advisory committee"'shall not include the groups listed in paragraph l (c)(3) of this section.
(2)l For purposes of the definition of " advisory comittee" in paragraph (c)(1) cf this section, a group shall be considered to be " utilized by the ;
President or any. agency official to obtain advice or recommendations on issues -j or policies that fail within the scope of his or her responsibilities" if (1.)
& group is composed in whcle or in part of other than full-time officers or errployees of the Federtl Government, (ii) the group has an established existence cutside the agency seeking the advice, (iii) the group is a preferred scurce from which to obtain advice or recommendations on a specific issue or policy within the scope of the President's or agency official's
. responsibilities, and (iv) such advice or recommendations are obtained in the same' manner as advice or recommendations obtained from established advisory committees.
(3) The following advisory meetings or groups are not included in the definition of advisory comittee" in paragraph (c)(1) of this section: ;
10 ;
^
[7590-01]
(i) Any group composed wholly of full-time officers or employees of the Federal. Government; (ii) Any group specifically exempted from the Act or these regulations by an Act of Congress; ,
(iii) 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 comittee, council, board, commission, or similar group established to advise or make recommendations to any State or local government ur,it or an official' thereof; (iv) Any group that performs primarily operational functions specifically provided by law, as opposeo to advisory functions; (v) Any meeting. initiated by the President or one or more Federal officials for the purpose of obtaining advice or recommendations from one individual; ;
(vi) Any meeting that is initiated by a Federal official and that is held with more than one individur.1 for the purpose of obtaining the advice of individual attendees and not for the purpose of utilizing the group to obtain consensus advice or recommendations, except where the agency accepts the group's deliberations as a source of consensus advice or recommendations; (vii) Any meeting initiated by a group with the President or one or more Federal officials for the purpose of expressing the group's view, provided that 1
)
11
u
.- [7590-01]
\
the President or Federal official does not use the group recurrently as a preferred source of advice or recommendations;
\
(viii) Any meeting of two or more advisory comittee members convened solely to gather information or conduct research for a chartered advisory comittee, to anelyze relev' ant issuu and facts for a chartered advisory comittee, or to ,
i oraft proposed position papers for deliberation by a chartered advisory committee; and (ix) Any meeting with a group initiated by the President or by one or more Federal officials for the purpcse of exchanging facts or information.
-(d) " Agency" means an agency of the Government of the United States as defined in 5 U.S.C. 551(1).
(e) " Commission" means the Nuclear Regulatory Comission 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. 5041 (88 Stat.1242).
(f) "Comittee member" means an individual who is appointed to serve on an advisory comittee and has the full right and obligation to participate in the activities of the comittee, including voting on comittee recommendations.
(g) " Designated Federal Official" means a government employee appointed, i
pursuant to 6 7.11(a), to chair or attena each meeting of an NRC advisory comittee to which he or she is assigned.
12
l[7590-01] i (h) "GSA" means the General Services Administration.
(i) "NRC" means the agency established by title II of the Energy R; organization Act of 1974, 42 U.S.C. 5801 (88 Stat. 1233), and known as the Nuclear Regulatory Comission.
i (j) "NRC Advisory Committee Management Officer" means the individual
. appointed,. pursuant to 6 7.10(a), to supervise and control the establishment and management of NRC advisory committees.
(k) "NRC Public Document Room" means the Public Document Room maintained by the NRC at 2120 L Street, NL', Washingten, DC.
f (1) ~ " Presidential advisory committee" means an advisory committee that advises the President.
(m) *GSA Secretariat" means the Committee Management Secretariat of the General Services Administration, which was established pursuant to the Act.
(n) " Staff member" means any individual who serves in a support capacity to l
)
an advisory comittee.
1 f
13 1
1
' i.
[7590-01] ;
.6 7.3 Interpretations.
i 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, sh611 be binding upon the Comission.
5 7.4 Establishment of advisory committees.
(a) An HRC advisory comittee m6y be established under this part only if iti f este blishrrent--
(1). Is specifically directed or authorized by statute or by Executive Order of'the President; or
'(2) Has been determined by the Commission to be in the public interest and essenti61 to the performance of the duties imposed on the Ccmission by law.
The determin6 tion required by paragraph (a)(2) of this section shall be a matter of formal record, and shall include a statement of a clearly defined purpose for the advisory committee. )
l i
i i
14
- _ _ _ _ _ - _ _ - ._ \
o m
..- .[7590-01J o
p,
- 6 7.5 Review of establishment of advisory committees by GSA Secretariat; L
(!'
Advisory comittee charters.
I (a) Whenever the NRC proposes to establish or utilize an advisory comittee, a letter requesting review of the proposal and transmitting a proposed charter y for the comitte'e 'shall be submitted to the GSA Secretariat by the' Comission.
The letter shall:contain the following information: ,
(1) - An explanation of-why the committee is essential to the conduct of NRC business and is in the public. interest; (2) An explanation of why the ccmittee's functions.cannot be performed by l hRC .enother existing NRC advisory comittee, or other means (such as a public j
- hearing);and
.(3) A description cf NRC's plan to attain balanced membership on the comittee.
i'or purposes of attaining balance in an NRC advisory committee's membership, the Comission shall consider for membership interested persons and groups with professional, technical, or personal qualifications or experience to contribute to the functions and tasks to be performed.
(b)' Each proposed comittee charter submitted for review pursuant to .
paragraph (a) of this section shall contain the following information:
1 15 l
= _____ _ ._. J
. [7590-01)
(1) The comittee's official designation; I
(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 comittee Will report; i
(5) The NRC office responsible for providing support for the comittee; (6) A description of the duties for which the comittee will be responsible, and if such duties are not solely advisory, a specification of the authority for the functions thet are not advisory; (7) The estimated annual operating costs, in dollars and man-years, for the ;
comittee; (8) The estimated number and frequency of comittee meetings; and i
(9) The comittee's termination date, if less than two years from the date of the committee's establishment.
The date the charter is filed pursuant to i 7.8 shall be added to the charter l when such filing' takes place.
9 I
16 ;
i t____ _ . . _ _ _ . . _ . . . _ _
i
.. [7590-01)
(c)(1) A subcommittee that does not function independently of its parent advisory committee shall be subject to the requirements of this part..except that it shell not be subject to the requirements of paragraphs (a) and (b) of this section. Such a subcommittee shall not, however, be subject to the requirements of.this part with respect to any meeting of its members devoted solely to.a function described in i 7.2(c)(3)(viii).
~
(2) 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 l comittee), recardless of whether the subcommittee's members are drawn in whole or in part from the parent advisor.y committec.
(d) After the GSA Secretariat has notified the Commission of the results of its review of a proposal to establish or utilize an NRC advisory committee, j s9bmitted. pursuant to paragraph (a) of this section, the Comission shall r.otify the GSA Secretariat in writing whether the advisory committee is actually being established. Filing of the advisory comittee charter pursuant to 6 7.8 shall be deemed to fulfill this notification requirement. If the advisory comittee is not being established, the Commission shall so advise the GSA Secretariat in writing, stating whether NRC intends to take any further action with respect to the proposed advisory comittee.
17
[7590-01]
(e) The date of filing of an advisory comittee charter pursuant to i 7.8 shall appear on the fece of the charter and shall constitute the date of
. establishment, renewal, or reestablishment of the comittee. I i 7.6 Amen'dments to advisory comittee charters.
-(a) Final authority for amending the charter of an NRC advisory comittee established or utilized by the NRC is vested in the Comission.
L (b) Any proposed minor technical changes made to a current charter for an NRC advisory committee whose establishment is required or authorized by statute or by Executive Or'd er of the President shall be coordinated with the General Counsel to ensure that they are consistent with the applicable statute or Executive Order. When the statute or Executive Order that directed or authorized the establishment of an advisory committee is amended to change the language that has been the basis for establishing the advisory comittee, those sections of the current charter affected by the statute or Executive Order ,
shall also be amended, and the amended charter shall be filed as specified in i 7.8.
(c) (1) The charter of an NRC advisory comittee established under general agency authority may be amended when the Comission determines th6t 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),
18 I
,- ..- [7590-01] !
'r o they may be major (such as revising the objectives or composition of the l
comittee) . The procedures specified in paragraph (b) of this section shall be' !
used'in the case of charter amendments involving minor changes.
-(2) In the case of a major amendment to the charter'of an advisory committee established under general. agency authority, a letter requesting review of the pfoposed amendment and transmitting the proposed amended charter shall be submitted to the GSA Secretariat. The letter shall explain the purpose of the !
changes and why they are necessary.- S
-l
.(3) A committee charter that has been amended pursuant to this paragraph is subject to the filing requirements set forth in i 7.8. ,
(4) Amendment of an existing advisory committee charter pursuant to this p6ragraph does not constitute renewal of the committee for purposes of 9 7.7.
& 7.7 Termination, rer.ewal, and rechartering of advisory committees. j (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) It has been terminated sooner; r
19
o
[7590-01]
o ,
- (2) It.has been renewed or reestablished before the end of such period in accordance with the' procedures set torth in paragraph (b) o'f. this section; or j
(3)Itsdurationhasbeenotherwisedesignatedbylaw.
The NRC Comittee Mariagement Officer shall notify the GSA Secretariat in writing of:the effective date of ' termination of any advisory comittee that has
been terminated by the NRC.
1 (b)'(1) An NRC .' advisory comittee that is established by statute shall require rechartering'.by the filing of a new charter every 2 years after the ;
1 date of enactment of the statute establishing the committee.- If a new charter L is nct filed, the comittee is not terminated, but it may not meet or take any actions.
(2) Any other NRC advisory comittee may be renewed, provioed that such J
renewal is carried cut in compliance with the procedures set forth in i 7.5 at letst 30 and not more than 60 days before the comittee would otherwise terminate; except that an advisory comittee 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 comittee member who was previously appointed to serve l on'the committee.
I I
1 l I'
20 ,
l j
.,# ... [7590-01]
r 6.:7.8 Charter filing requirements.
(a) Except as provided in paragraph (b) of this section, an NRC advisory committee may'not operate, meet. or take any action.unless a copy of the comittee's ' charter. has been filed with (1) the Comittee on Environment ano
'Public Works of the Uniteo States Senate, and the Comittee on Interior and 4
Insular Affairs and the Comittee' on Energy and Comerce of the United States !
House of Representatives; (2):the Library of Congress, Exchange and Gift
-Division, Federal ~ Documents Section', Federal Advisory Comittee Desk, l
Washington...DC 2054C; and'(3)~the'GSA Secretariat. The copy filed with the GSA Secretariat shall indicate the Congressional filing date.
(b) When either the President or the Congress establishes an advisory committee that advises the President and for which NRC is responsible, the Comissien shall--
(1) File the ecmmittee's charter with the GSA Secretariat; (2) File a copy of the comittee's charter with the Library of Congress at theaddresslistedinparagraph(a)ofthissection;and (3) If specifically directed by law, file with the Congressional Committees 1
listed in paragraph (a) of this section a copy of the charter that shows its date of filing with the GSA. Secretariat.
I i
21 l
1 j
- 3. - *
[7590-01.J
- (c). For purposes of the filing requirements established by this section .the-
.' filing date of an advisory comittee charter shall be the date on which the charter, cr a copy of the charter'where appropriate, is offered for filing at
'the office in which it is required to be filed (in the case of hano celivery), '
or on which it is deposited in the mail (in the case of delivery by mail).
(d) The charter filing requirements established by this section are subject to'the .public riotice requirements of 6 7.9. <
L
! 7.9 Public notice of advisory committee establishment, reestablishment, or renewal.
(a) . Af ter the Comission has received the GSA Secretariat's response to a request (in accordance with 6 7.5) for review of a' proposal to establish, ,
reestablish, renew, or utilize an NRC advisory committee, the Comission shall publish a notice in the Federal Register that the comittee is being
. established, reestablished, renewed, or utilized. In the case of a new comittee, the notice shall also dest. ribe the nature and purpose of the ,
comittee and shall include a statement that the committee-is necessary and in the public interest. This r.otice requirement does not apply to any comittee -
whose establishment is required by statute or which is established by Executive j Order of the president.
I (b) Notices required to be published pursuant to paragraph (a) of this section shall be published et least 15 calendar days before the comittee l
22 j i
j
f-: '
. - ' ' - *- [7590-01]
a p . charter is filed pursuant to 6 7.8, except that the GSA Secretariat may approve i
iless than 15 days for good cause shown. The 15-day advance notice requirement L.
i L "does not apply to committee renewals, notices of which may be published L : concurrently with the filing cf the charter.
9 7.10 The NRC Advisory Committee Management Officer.
(a) The Chairman of the Commission shall appoint an NRC Advisory Comittee- .l Management Officer to carry out the functions specified in paragraph (b) of this section.
(b) The NRC Advisory Ccmmittee Management Officer shall--
(1) Carry out a'.1 responsiMlities reitting-to NRC advisory concittees deleg6teo to such officer by the Comission; (2) Ensure that administrative guidelines and management controls are issued that apply to all NRC advisory committees; (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 cocnittee during its existence; 23
4
[7590-01]
l (5) Carry out, on behalf of NRC, the provisions of the Freedom of j 2nfermation Act (5 U.S.C. 552) and NRC's Freedom of Information Act Regulations (10 CFF. Part 9, Subpart A) with respect to such reports, records, and other papers; l 1
(6) Ensure that, subject to the Freedom of Information Act and hRC's Freedom {
of Information Act Regulations, copies of the recordsi reports, transcripts, i
minutes, appendices, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each NRC advisory committee shall be available for public inspection and copying at the NRC {
Public Document Room until the advisory committee ceases to exist; (7) Ensure that, subject to the Freedom of Infor1 ration Act and NRC's Freedom of Information Act 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; (0) Ensure that NRC keeps such records as will fully oisclose the disposition of any funds that may be at the disposal of NRC advisory conr11ttees and the r.ature and extent of their activities; and (9) Ensure that NRC keeps such other records and provides such support services as are required by 6 7.22.
(b) For purposes of paragraph (a) of this section, the term
" records" includes (but is not limited to):
24
[7590-01]
L (1) A set of approved charters and membership lists for.each NRC advisory i
comnittee; (2) Copies of NRC's portion of the President's~ annual report to the Congress on Federal advisory comittees required by section 6(c) of the Act; 9
(3) NRC guidelines on committee management operations and procedures as maintained and updated; and i
-i (4) NRC determinations to close advisory committee meetings made pursuant to :
i 7.15.
6 7.11 The Desigr,ated Federal Officer.
(a) The Chairman of the Comission shall appoint a Designated Federal Officer for each NRC advisory committee and its subcommittees. The individual holding this 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 comittee must be convened or approved by the comittee's Designated Federal Officer, and the agenda for each committee meeting (except a meeting of a Presidential advisory comittee) must be approved by that individual. ,
I I
I i
I 25 l l
f
[7590-01]
(c). An NRC advisory committee may not hcid a meeting in the absence of its Design 6ted Federal Officer. . q (d) It'shall also be the responsibility of the Designated Federal Officer 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 Comission; (4) Ensure ccn.pliance with the requirements of 6 7.13 regarding minutes of rreetings cf the committee; and ,
l l
(5) Provide to the NRC Public Document Room copies of committee documents required to be maintained for public inspection and copying pursuant to s7.14(b).
i 26 i i
=- _--_- - _ l
[7590-01]
1 6 7.12 Public participation in and public hotics of advisory comittee meetines.
(a) Each meeting of an NRC advisory committee shall be held at a reasonable time and in a place reasor.t.bly accessible to the public. The size of the meeting room must be sufficient to accommodate advisory comittee members, committee or hgency staff, and interested members of the public; except that, the provisions of this paragraph shall not apply where an entire NRC advisory centlittee meeting has been closed pursuant to 9 7.15.
(b) Any member of the public who wishes to do sc shall be permitted to file a written statenent with an NRC advisory comittee regarding any matter discussed at a meeting of the committee. The committee chairman may also permit members of the public to speak at meetings of the committee in ,
accordance with procedures established by the committee.
(c) Except when the President or his 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, 6 notice that includes the following information shall be published in the Federal Register:
(1) The exact name of the advisory committee as chartered; (2) The time, date, place, and purpose of the meeting; (3) A summary of the agenda of the meeting; and 27
' D. 4 : -* [7590-01]
n (4) Whether all or part of the meeting is open to the public. i Sf er,y part of the nieeting is closed, the f.otice shall provide the reasons for I
. i the closure. citing the specific matter that has been determined to justify the 1 closure under 6 7.15.
(d) In exceptional circumstances, less than 15 days riotice of an advisory .
concittee 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 publisted in the Fedoral Register.
(e) In addition to the notice required by paragraph (c) of this section, the NRC may also use other forn:. of notice, such as public releases and notice by mail, to inform the public of advisory committee meetings. To that end, the Designated Federal Officer of each NRC advisory concittee will, to the extent practicable, mair.tain lists of people and organizations interested in that advisory connittee and notify them of meetings bJ uail, p 7.13 Minutes of advisory committee meetings.
(a) Detailed minutes shall be kept of each NRC advisory committee meeting.
The minutes shall include the following information:
(1) The time, date, and place of the meeting; 28
, 1J I} f .y .-.
[7590-01] j
.(2) A' list of the attendees.at the meeting who are advisory comittee-r members or staff, agency employees, or members of the public who presented oral j 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, by the comittee.
(b) The minutes of an NRC advisory comittee meeting shall include a copy of each report or other document received, issued, or approved by the committee in connection with the meeting. If it is irrpracticable to attach a document to the minutes, the minutes shall describe the document in sufficient detail to pemit it to be identified readily. ,
l (c) The chairperson of an NRC advisory committee shall certify to the accuracy of the minutes of each of the comittee's meetings. In the case of e subgroup of an advisory comittee, the chairperson of the subgroup shall cartify to the accuracy of the minutes.
(d) A verbatim transcript of an advisory committee meeting may be substituted for minutes required by this section, providing that the use of f
1 29 1
_ _ _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ i
[7590-013-i
- +
such a transcript is in accordance with the requirements of paragraphs (a),
(b), ard (c) of this section.
6 7.14 Public information en advisory committees. i (a) The Nuclear Regulatory Comission shall mcintain systematic information on the nature, functions, and operations of each NRC advisory comittee. A complete set cf the charters of NRC aavisory committees and copies of the annual reports required by 6 7.17(a) shall be maintained for public inspection in the NFC Public Document Roora.
(b) Subject to the provisiors of the Freedom of Information Act (5 U.S.C.
552) and NRC's Freecom of Information Act Regulations-(10 CFR Part 9 Subpart.A), copies of NRC advisory committees' records, reports, transcripts, minutes, appendict.s, working papers, crafts, studies, agenda, and other documents shall be maintaineo for public inspection and copying in the NRC Public Document Room.
4
! 7.15 Procedures for closing an NRC advisory committee meeting. l (a) lo close all or part of a meeting of an NRC advisory comittee, the comittee shall submit a written request for closure to the Chairman of the Commission, citing specific matter listed in the Government in the Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104, to justify the closure. The<
30
L' '
[7590-01]
r2 quest shall provide the Chairman sufficient time for review in order to make a determination prior to publication of the meeting notice pursuant to 5 7.12.
(b) 'The General Counsel shall review all requests to close meetings of NRC advisory committee,s.
(c) If the Chairman of the Comission agrees that the request is consistent with the policies of this part, a determination shall be issued in writing that all er part of the meeting'will be closed. The determination shall include a statement of the reasons for the closing.
i (d) Except when the President or his designee determines in writing that no notice should be publir.hed for reasons of national security, the Chairman of the Commission shall make a copy of the determination to close all or part of an NRC advisory comnittee meetirs available to the public upon request, and shall state the reasons why all or part of the meeting is closed, citing the i
specific matter listed in the Government in the Sunshine Act (as implemented by !
10 CFR S.104) in the meeting nctice published in the Federal Register pursuant l to 5 7.12.
(e) The Chairman of the Commission may delegate the Chaiman's functions i under paragraphs (c) and (d) of this section to such officer of the Comission l 1 as the Chairman considers appropriate. The General Counsel shall review any l l
determination to close a meeting made by a delegate.
31
[7590-01]-
[; , , _ ,
6 7.16 Annual comprehensive review.
l (a) The Chairmen of the Comission shall conduct an annual comprehensive review of the activities and responsibilities of each NRC advisory committee to deterrine whether the comittee--
(1)- Is carrying out its purposes or, consistent with the provisions of applicable statutes, its respor.sibilities should be revised.
(2) Should be merged with another advis,ory comittee.
(3) Shculd be terminated.
(b) The comprehensive review required by paragraph (a) of this section shall it.clude consideration of such information regarding the comittee as is required for the Comission's annual report to the GSA Secretariat pursuant to 9 7.27(a) and such other infomation as may be requested from the Comittee by the NRC Advisory Committee Management Officer. The results of such review shall be ir.cluded in the annual repcrt to the GSA Secretariat.
(c) If, as a result of the review required by this section, the Comission determines that an advisory comittee is no longer needed, the committee shall be terminated; except th6t in the case of an advisory committee established by an Act of Congress or the President, the comittee's temination shall be r commended to the Fresident or the Congress, as the case may be.
t 32
[7590-01] -
,s.
5: 7.17 Reports required for advisory committees.
L (a) The Commission shall-furnish a report on the activities of NRC advisory committees annually to the Adminis' trator and the GSA Secretariat. The report shall be on a fiscal year basis. It shall contain such information regarding.
NRC advisory committees as is required by section 6(c) of the Act for the President's annual report to the Congress and shall be consistent with.
. instructions provided by the GSA Secretariat. A copy of the report shall be it pieced in the NRC Public Document Room.
(b) Any NRC advisory committee holding closed meetings shall issue a report, at least annually, setting forth a sumary of its activities consistent with the policy of the Government in the Sunshine Act (5 U.S.C. 552b), as implemer.ted by 10 CFP 9.104. A copy of the report shall be placed in the NRC Public Documer.t Room.
(c) Subject to the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedom of Information Act Regulatior.s (10 CFR Part 9. Subpart A), eight copies .i 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 I
and use with the Library of Congress, Exchange and Gift Division, Federal
- j. Documents' Section, Federal Advisory Comittee Desk, Washington, DC 20540.
i f
l 33 l
[7590-01]
6 7.18' Compensation and expense reimbursement of advisory committee members, staffs, and consultants.
(a) 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.
(b) (1) Subject to the provisions of paragraph (b)(2) of this section, if the Commission detemines 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 of NRC's General Salary Schedule, unless the member is appointed as a consultant i
and compensated at a rate applicable to NRC consultants. (See NRC Manual for NRC's General Salary Schedule and rates applicable to NRC consultants.)
(2) In determining an appropriate rate of pay for a member of an NRC advisory comittee, the Chairman of the Comission shall give consideration to the significance, scope, and technical complexity of the matters with which the advisory comittee 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 of the maximum rate for a GG-15 under NRC's General S61ary Schedule, unless a higher rate is mandated by statute or the Comission itself has determined that a higher rate is justified and necessary. The Commission may not delegate the responsibility for making a determination that such a higher rate of pay is necessary and 34
,V'. [7590-01]
justified for an NRC advisory comittee member, and such a determination must be reviewed annually.
(3) An advisory committee member may not be paid at a rate higher than the daily equivalent of the maximum rate for a GG-18 under NRC's General Salary Schedule.
(c) (1) Each NRC advisory committee staff member may be paid at'a rate that I
is the daily equivalent of a rate of NRC's General 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 j General 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.
(3) A determination to set the rate of pay of a staff position at a grade higher than GG-15 under the NRC's General Salary Schedule rate of pay shall be reviewed annually by the Chairman of the Commission.
l 1
L (4) A Federal employee may serve as a staff member of an NRC advisory q I
comittee only with the knowledge of the Designated Federal Officer for the I committee and the approval of the employee's direct supervisor. A staff member i
i i
35
________-________-_____D
[7590-01]
., ee !
who is nut otherwise a Federal employee shall be appointed in accordance with
' applicable-agency procedures, following consultation with the advisory committee.
1 i
(d) The following factors shall be considered in determining an appropriate rate.of pay for a consultant to an NRC advisory committee: l (1) The qualifications required of the consultant, and (2) The c. significance, scope, and technical complexity of the work for which his services are required; Provided that the rate of pay for an NRC advisory committee consultant may not be higher than the. maximum rate of pay applicable to NRC consultants. In establishing such a rate of pay, NRC shall comply with any applicable statutes, regulations Executive Orders, and administrative guidelines.
(e) 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. !
l (f) Nothing in this section shall--
i 36
.g..
e ;. [7590-01J
'(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 I 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.
(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 Salary Schedule and evaluation system (see NRC Manual),
b 7.19 Handicapped members of advisory committees.
An NRC advisory committee member who is blind or deaf or otherwise handicapped may be provided services by a personal assistant for handicapped cmployees while performing advisory committee duties, if the member--
(a) Quelifies as a handicapped individual as defined by section 501 of the Rehabilitation Act of 1973(20U.S.C.794);and (b) Does not otherwise qualify for assistance under 5 U.S.C. 3102 by reason l of being an employee of NRC.
I 37 j 4
M
[7590-03]' '
, g ; -r p~
l il 7.20 ' Conflict of = interest r'eviews of advisory comittee j members ' outside interests. ' )
i
']
-The Designated. Federal Officer of each NRC advisory committee and the General -
' Counsel shall review the interests and affiliations of each member of the,
' Designated Federal 0fficer's ' advisory committee annually, and upon the j commencement'and termination of the member's appointment to'the committee, for-l the purpose of ensuring that such appointment is consistent with the laws and regulations on conflict of interest applicable to that member. . i i 7.21 Costs of duplication of documents.
Copies of the records, reports, transcripts, minutes, appendices, working '!
papers. drafts, studies, agenda, or other documents that were made available to or'prephred for or by an NRC a'visory committee shall be made available to any d
- person at the actual cost of duplication prescribed in Part 9 of this chapter.
(For availability of information on advisory comittees, see i 7.14.)
$ 7.22 Fiscal and administrative responsibilities.
l
-(a) The Controller shall keep such records as will fully disclose the disposition of any funds which may be at the disposal of NRC advisory I committees.
l 38
1
[7590-01]
.1- e, (b). The Office of Infonnation Resources Management shall keep such records
.as will fully disclose the nature and extent of activities of NRC advisory connittees .
l (c) NRC shall provide support services (including staff support and meeting ]
I space) for each' advisory connittee established by or reporting to it unless the establishing authority provides otherwise. Where any such idehory committee i reports to anuther agency in addition to NRC, only one agency Bell be responsibic for support services at any one time, and the establitating authority shall designate the egency responsible for providing such services.
Dated at Rockville, Maryland, this ll ey of 1989.
r the Nuclear Regulatory Comission. l
] ,
I i f I hS. b \ \ 0%
Tarruei J. Chil(,
Secretary of the. Comission.
O
- _ - -