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Rules and Regulations
Federal Register Vol. 86, No. 165
Monday, August 30, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEFENSE NUCLEAR FACILITIES
SAFETY BOARD

I. Background
10 CFR Part 1704
Docket No. DNFSB20210001

Government in the Sunshine Act Defense Nuclear Facilities Safety Board.
ACTION: Direct final rule.
AGENCY:

The William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021
NDAA amended the Atomic Energy Act of 1954 AEA to grant the Defense Nuclear Facilities Safety Board Board or DNFSB relief from certain limitations under the Government in the Sunshine Act Sunshine Act. The Sunshine Act generally requires all Board meetings to be open to public observation unless certain exemptions apply. The NDAA added a provision to the AEA that permits the Board to hold nonpublic collaborative discussions without following the requirements of the Sunshine Act, so long as certain requirements are met. The Board is publishing this direct final rule to revise the Boards Sunshine Act regulations consistent with the new AEA provisions for nonpublic collaborative discussions.
DATES: This final rule is effective November 29, 2021 unless significant adverse comments are received by September 29, 2021. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.
ADDRESSES: You may submit comments at any time prior to the comment deadline by the following methods:
Email: Send an email to comment@
dnfsb.gov. Please include Sunshine Act Comments in the subject line of your email.
Mail: Send hard copy comments to The Defense Nuclear Facilities Safety Board, Attn: Office of the General
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SUMMARY:

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Counsel, 625 Indiana Avenue NW, Suite 700, Washington, DC 200042901.
FOR FURTHER INFORMATION CONTACT: Eric Fox, Associate General Counsel, Defense Nuclear Facilities Safety Board, 625
Indiana Avenue NW, Suite 700, Washington, DC 200042901, 202 694
7000.
SUPPLEMENTARY INFORMATION:
The NDAA became law on January 1, 2021. The NDAA contained an amendment to the AEA that granted the Board relief from certain requirements of the Sunshine Act. Under the revised section 313 of the AEA 42 U.S.C.
2286bk, a quorum of the Board may hold meetings to deliberate on official agency business without public observation so long as it conducts the meeting in compliance with the following requirements: 1 No formal or informal vote may be taken at the meeting; 2 each individual present at the meeting must be a member or an employee of the Board; 3 at least one member from each political party represented on the Board must be present; and 4 the Boards General Counsel or his or her designee must be present.
In addition to the requirements governing the conduct of the meeting, the AEA requires the Board to publish a summary of the matters discussed, including key issues, no later than two business days following the meeting. In circumstances where the matters discussed are covered by the exemptions to the open meetings requirements of the Sunshine Act, the Board must publish as much general information as possible without disclosing the exempt material. Unlike closed meetings held under the Sunshine Act, no transcript or advanced public notice is required.
II. Section-by-Section Analysis
This new section contains the requirements for the conduct of nonpublic collaborative discussions as well as disclosure after they are held.
These requirements are simply restating the language of the AEA, and do not expand or diminish the Boards obligations when holding a nonpublic collaborative discussion.

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Regulatory Flexibility Act Under the Regulatory Flexibility Act, 5 U.S.C. 601612, agencies must consider the impact of their rulemakings on small entities small businesses, small organizations, and local governments when publishing regulations subject to the notice and comment requirements of the Administrative Procedure Act. As noted in section IV Rulemaking Procedure below, the Board has determined that notice and the opportunity to comment are unnecessary because this rulemaking constitutes a limited, routine change to implement the recent amendment to the AEA. Therefore, no analysis is required by the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, as amended, 5
U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreignbased companies in domestic and export markets.
Paperwork Reduction Act
Section 1704.11 Nonpublic Collaborative Discussions
PO 00000

III. Regulatory Analysis
The Paperwork Reduction Act PRA
establishes certain requirements when an agency conducts or sponsors a collection of information. 44 U.S.C.
35013520. This update to the Boards Sunshine Act regulations does not require or request information from members of the public. Therefore, this rulemaking is not covered by the restrictions of the PRA.

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