PART 2203—REGULATIONS IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT Authority: 29 U.S.C. 661(g); 5 U.S.C. 552b(d)(4); 5 U.S.C. 552b(g). Source: 50 FR 51679, Dec. 19, 1985, unless otherwise noted. § 2203.1 Purpose and scope. This part applies to all meetings of the Occupational Safety and Health Review Commission. Its purpose is to implement the Government in the Sunshine Act, 5 U.S.C. 552b. The rules in this part are intended to open to public observation, to the extent practicable, the meetings of the Commission, while preserving the Commission's ability to fulfill its adjudicatory responsibilities and protecting the rights of individuals. § 2203.2 Definitions. For the purposes of this part: Expedited closing procedure General Counsel Meeting meeting meeting (a) The deliberations required or permitted under §§ 2203.4(d) and 2203.5, e.g., a discussion of whether to open or close a meeting under this part; (b) Business that is conducted by circulating written materials sequentially among the Commissioners for their consideration on an individual basis; (c) A gathering at which the Chairman of the Commission seeks the advice of the other Commissioners on the carrying out of a function that has been vested in the Chairman, by statute or otherwise; or (d) Informal discussions of the Commissioners that clarify issues and expose varying views but do not effectively predetermine official actions. Official Commission business Regularly-scheduled meetings [50 FR 51679, Dec. 19, 1985, as amended at 73 FR 56492, Sept. 29, 2008; 74 FR 63988, Dec. 7, 2009] § 2203.3 Public attendance at Commission meetings. (a) Policy. (b) Grounds for closing meetings. (1) Disclose matters that are: (i) Specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (ii) In fact properly classified pursuant to such Executive order; (2) Relate solely to the internal personnel rules and practices of the Commission; (3) Disclose matters specifically exempted from disclosure by statute (other than section 552 of title 5), provided that such statute (i) Requires that the matter be withheld from the public in such a manner as to leave no discretion on the issue, or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (4) Disclose trade secrets and commercial or financial information obtained from a person that are privileged or confidential; (5) Involve accusing any person of a crime, or formally censuring any person; (6) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (7) Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would: (i) Interfere with enforcement proceedings, (ii) Deprive a person of a right to a fair trial or an impartial adjudication, (iii) Constitute an unwarranted invasion of personal privacy, (iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (v) Disclose investigative techniques and procedures, or (vi) Endanger the life or physical safety of law enforcement personnel; (8) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; (9) Disclose information the premature disclosure of which would: (i) Be likely to (A) lead to significant financial speculation in currencies, securities, or commodities, or (B) significantly endanger the stability of any financial institution, or (ii) Be likely to significantly frustrate implementation of a proposed Commission action, except where the Commission has already disclosed to the public the content or nature of its proposed action, or where the Commission is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or (10) Specifically concern the Commission's issuance of a subpoena or the Commission's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, discussion or disposition by the Commission of a particular case of formal Commission adjudication. (c) Regularly-scheduled meetings. (d) Other Commission meetings. [50 FR 51679, Dec. 19, 1985, as amended at 62 FR 35963, July 3, 1997; 74 FR 63988, Dec. 7, 2009] § 2203.4 Procedures applicable to regularly-scheduled meetings. (a) Statutory authority to adopt expedited closing procedure. (b) Commission qualification to adopt expedited closing procedure. See (c) Announcements. (d) Voting. [50 FR 51679, Dec. 19, 1985, as amended at 58 FR 26066, Apr. 30, 1993; 73 FR 56492, Sept. 29, 2008] § 2203.5 Procedures applicable to other meetings. (a) Announcements Meetings announced. (2) Changes announced. (i) At least two Commissioners determine by recorded vote that Commission business so requires and that no earlier announcement of the change was possible and (ii) Public announcement of the change and the vote of each Commissioner on the change is made at the earliest practicable time. (3) Form of announcements. Federal Register. (b) Voting Requirement that vote be taken. (2) Separate votes required. (3) Single vote on a series of meetings. (4) Public requests to close meetings. (5) Proxy votes; recording of votes. (6) Public announcement of votes. § 2203.6 Certification by the General Counsel. For every meeting closed under any provision of these rules, the General Counsel will be asked to certify before the meeting that in his opinion the meeting may properly be closed to the public, and to state which exemptions he has relied upon. A copy of this certification, together with a statement (from the Commissioner presiding over the meeting) setting forth the time and place of the meeting and the persons present, shall be retained by the Commission as part of the transcript, recording or minutes of the meeting described in § 2203.7. § 2203.7 Transcripts, recordings and minutes of closed meetings. (a) Record of meeting. (b) Public access to records. [50 FR 51679, Dec. 19, 1985, as amended at 58 FR 26066, Apr. 30, 1993; 73 FR 56492, Sept. 29, 2008]