[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1603.8]

[Page 811]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
 
PART 1603_RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT
--Table of Contents
 
Sec. 1603.8  Procedures for closing meetings, or withholding information, 
and requests by affected persons to close a meeting.

    (a) A meeting shall not be closed, or information pertaining thereto 
withheld, unless a majority of all Members votes to take such action. A 
majority of the Board may act by taking a single vote with respect to 
any action under Sec. 1603.7. A single vote is permitted with respect 
to a series of meetings, a portion or portions of which are proposed to 
be closed to the public, or with respect to any information concerning 
such series of meetings, so long as each meeting in such series involves 
the same particular subject matters and is scheduled to be held no more 
than thirty days after the initial meeting in such series. Each Member's 
vote under this paragraph shall be recorded and proxies are not 
permitted.
    (b) Any person whose interest may be directly affected if a portion 
of a meeting is open may request the Board to close that portion on any 
of the grounds referred to in Sec. 1603.7(e) through (g). Requests, 
with reasons in support thereof, should be submitted in writing, no 
later than two days before the meeting in question, to the General 
Counsel, Chemical Safety and Hazard Investigation Board, 2175 K Street, 
NW., Suite 400, Washington, DC 20037. In motion of any Member, the Board 
shall determine by recorded vote whether to grant the request.
    (c) Within one working day of any vote taken pursuant to this 
section, the CSB shall make available a written copy of such vote 
reflecting the vote of each Member on the question and, if a portion of 
a meeting is to be closed to the public, a full written explanation of 
its action closing the meeting and a list of all persons expected to 
attend and their affiliation.
    (d) Before every closed meeting, the General Counsel of the CSB 
shall publicly certify that, in his/her opinion, the meeting may be 
closed to the public and shall state each relevant exemption provision. 
If the General Counsel invokes the exemption for classified or sensitive 
unclassified information under Sec. 1603.7(a), he/shall rely upon the 
classification or designation assigned to the document containing such 
information by the Environmental Protection Agency, Occupational Safety 
and Health Administration, or other originating agency. A copy of such 
certification, together with a statement setting forth the time and 
place of the meeting and the persons present, shall be retained by the 
Board as part of the transcript, recording, or minutes required by Sec. 
1603.11.