10 C.F.R. § 7.4

(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 § 7.5(a) shall be a matter of formal record.