[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1012.4]

[Page 25-26]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1012--MEETINGS POLICY--MEETINGS BETWEEN AGENCY PERSONNEL AND OUTSIDE PARTIES--Table of Contents
 
Sec. 1012.4  Public attendance at agency meetings.

    (a) Any person may attend any meeting involving a substantial 
interest matter unless that meeting has been listed as a closed meeting. 
For meetings not involving substantial interest matters, the chairperson 
of the meeting may exercise his or her discretion to allow attendance by 
a member of the public.
    (b) When meetings between Agency employees and outside parties are 
open to the public, attendance may be limited by space. When feasible, a 
person or organization desiring to attend such a meeting should give at 
least one day advance notice to one of the employees holding or 
attending the meeting so that sufficient space can be arranged for all 
those wishing to attend.
    (c) Members of the public attending Agency meetings generally may 
observe only. The chairperson of the meeting may exercise his or her 
discretion to permit members of the public to participate as well.
    (d) The following Agency meetings are not open to the public:
    (1) Meetings, or, if possible, portions of meetings where the 
General Counsel or his or her designee has determined that proprietary 
data are to be discussed in such a manner as to imperil their 
confidentiality;
    (2) Meetings held by outside parties at which limits on attendance 
are imposed by lack of space, provided that such meetings are open to 
the news media;
    (3) Meetings with outside parties held during the normal course of 
surveillance, inspection, or investigation under any of the Acts 
administered by the Commission, including informal citation hearings 
under the Federal Hazardous Substances Act or the Poison Prevention 
Packaging Act;
    (4) Meetings with outside parties concerning the settlement or 
negotiation of an individual case, including proposed remedial action, 
or meetings concerning any administrative or judicial action in which 
the outside party is a participant, party, or amicus curiae;
    (5) Meetings with other Federal personnel that are attended by 
outside parties except where a specific matter to be discussed is also 
pending before the Commission or its staff;
    (6) Meetings with state, local or foreign government personnel 
concerning intergovernmental cooperative efforts and not the advocacy of 
a particular course of action on behalf of a constituency of the 
governmental entity;
    (7)(i) Meetings between Agency staff (other than Commissioners and 
their

[[Page 26]]

personal staff) and an outside party when the General Counsel or his or 
her designee determines that extraordinary circumstances require that 
the meeting be closed. Requests for exemption by members of the staff 
who report to the Executive Director may be submitted to the General 
Counsel or his or her designee in writing only by the Executive Director 
or his or her designee. In such a case, the reasons for closing the 
meeting or a portion of the meeting shall be stated in the Public 
Calendar notice announcing the meeting;
    (ii) Meetings between a Commissioner (or his or her personal staff) 
and an outside party when, in the opinion of the Commissioner, 
extraordinary circumstances require that the meeting be closed. In such 
a case, the reasons for closing the meeting or a portion of the meeting 
must be stated in the Public Calendar notice announcing the meeting;
    (8) Meetings or discussions with or at the request of either members 
of Congress and their staffs relating to legislation, appropriation or 
oversight matters, or Management and Budget personnel relating to 
legislation or appropriation matters; and
    (9) Pre-proposal conferences involving confidential contracts made 
pursuant to 41 U.S.C. 252(c)(12), in connection with the potential 
litigation matters.