10 C.F.R. § 7.6

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 § 7.7. A committee charter that has been amended pursuant to this introductory text is subject to the filing requirements set forth in § 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 § 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 § 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.