[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Rules and Regulations]
[Page 10755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4317]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 /
Rules and Regulations
[[Page 10755]]
MERIT SYSTEMS PROTECTION BOARD
5 CFR Part 1206
Practices and Procedures, Board Meetings
AGENCY: Merit Systems Protection Board.
ACTION: Final rule.
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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is
amending its open meeting regulations to ensure consistency with the
Government in the Sunshine Act.
DATES: The effective date of this final rule is February 28, 2011.
FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington,
DC 20419; (202) 653-7200, fax: (202) 653-7130, or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: On November 18, 2010, the Board published a
proposed rule in which several proposed amendments to 5 CFR 1206.7 were
set forth (75 FR 70617). Interested parties were invited to submit
comments. No comments were received. This final rule implements the
changes to 5 CFR 1206.7 offered in the Proposed Rule without
alteration.
The Final Rule
This final rule makes several amendments to 5 CFR 1206.7. The
heading for Sec. 1206.7 is revised to more fully advise the reader of
matters addressed therein. Paragraph (a)(1) is added to make clear that
the Board may, instead of maintaining a transcript or electronic
recording, maintain a set of minutes of a meeting closed pursuant to
section (10) of 5 U.S.C. 552b(c). This revised section also sets forth
the information that must be included in a set of minutes. Paragraph
(a)(2) states the Board's responsibility to promptly make available to
the public copies of transcripts, recordings, or minutes of closed
meetings, except where the Board determines that such information may
be withheld pursuant to 5 U.S.C. 552b(c). Paragraph (a)(3) addresses
the Board's responsibility to retain copies of transcripts, recordings,
or minutes of closed meetings. Paragraph (b) of 5 CFR 1206.7 is
unchanged by this final rule.
List of Subjects in 5 CFR Part 1206
Administrative practice and procedure, Board meetings.
Accordingly, the Board amends 5 CFR part 1206 as follows:
PART 1206--[AMENDED]
0
1. The authority citation for 5 CFR part 1206 continues to read:
Authority: 5 U.S.C. 552b.
0
2. Revise Sec. 1206.7 to read as follows:
Sec. 1206.7 Transcripts, recordings, or minutes of open and closed
meetings; public availability; retention.
(a) Closed Meetings. (1) For every meeting, or portion thereof,
closed pursuant to this part the presiding officer shall prepare a
statement setting forth the time and place of the meeting and the
persons present, which statement shall be retained by the Board. For
each such meeting, or portion thereof, the Board shall maintain a copy
of the General Counsel's certification under Sec. 1206.6(b) of this
part, a statement from the presiding official specifying the time and
place of the meeting and naming the persons present, a record (which
may be part of the transcript) of all votes and all documents
considered at the meeting, and a complete transcript or electronic
recording of the proceedings, except that for meetings or portions of
meetings closed pursuant to section (10) of 5 U.S.C. 552b(c), the Board
may maintain either a transcript, electronic recording, or a set of
minutes. In lieu of a transcript or electronic recording, a set of
minutes shall fully and accurately summarize any action taken, the
reasons therefore and views thereon, documents considered and the
members' vote on each roll call vote, if any.
(2) The Board shall make promptly available to the public copies of
transcripts, recordings, or minutes maintained as provided in
accordance with this paragraph (a), except to the extent the items
therein contain information which the Board determines may be withheld
pursuant to the provisions of 5 U.S.C. 552b(c). Copies of transcripts
or minutes, or transcriptions of electronic recordings including the
identification of speakers, shall to the extent determined to be
publicly available, be furnished to any person, subject to the payment
of duplication costs or the actual cost of transcription.
(3) The Board shall maintain a complete verbatim copy of the
transcript, a complete copy of the minutes, or a complete electronic
recording of each meeting, or portion of a meeting, closed to the
public, for a period of at least two (2) years after such meeting or
until one (1) year after the conclusion of any Board proceeding with
respect to which the meeting or portion was held whichever occurs
later.
(b) Open Meetings. Transcripts or other records will be made of all
open meetings of the Board. Those records will be made available upon
request at a fee representing the Board's actual cost of making them
available.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2011-4317 Filed 2-25-11; 8:45 am]
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