[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR209.50]



[Page 140-143]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 209_ADMINISTRATIVE PROCEDURE--Table of Contents

 

Sec.  209.50  Mississippi River Commission: Public observation of 

Commission meetings.









Sec.

209.50 Mississippi River Commission: Public observation of Commission 

          meetings.

209.138a Authorization for exploratory drilling in the Gulf of Santa 

          Catalina, Calif.

209.140 Operations of the Corps of Engineers under the Federal Power 

          Act.

209.141 Coordination of hydroelectric power operations with power 

          marketing agencies.

209.155 Expenditure of Federal funds for work shoreward of harbor lines.

209.160 The California Debris Commission.

209.170 Violations of laws protecting navigable waters.

209.180 Temporary closure of waterway to navigation.

209.190 [Reserved]

209.200 Regulations governing navigable waters.

209.220 Flood control regulations.

209.230 Use of reservoir areas for recreation.

209.300 Flood control regulations.

209.310 Representation of submarine cables and pipelines on nautical 

          charts.

209.315 Public access to navigation works.

209.320 Policy on release of commercial statistics.

209.325 Navigation lights, aids to navigation, navigation charts, and 

          related data policy, practices and procedure.

209.335 Publication.

209.340 Laboratory investigations and materials testing.

209.345 Water resource policies and authorities.



Appendix A to Part 209--Public Law 90-483, 90th Congress, S. 3710, 

          August 13, 1968



    Authority: 5 U.S.C. 301; 33 U.S.C. 1; 10 U.S.C. 3012.



    Source: 33 FR 18670, Dec. 18, 1968, unless otherwise noted.





    (a) Purpose. (1) The purpose of this regulation is to afford to the 

public, to the fullest possible extent, information regarding the 

decisionmaking processes of the Mississippi River Commission and to open 

all meetings of the Mississippi River Commission to public observation 

except in instances where a portion or portions of a meeting may be 

closed to the public in accordance with this regulation in order to 

protect the rights of individuals and/or in order to permit the 

Mississippi River Commission to carry out its statutory and assigned 

functions and responsibilities. This regulation is issued in accordance 

with section (g) of the Government in the Sunshine Act and implements 

sections (b) through (f) of said Act (5 U.S.C. 552b (b) through (f)).

    (2) Public observation of Mississippi River Commission meetings 

includes public participation in the deliberations of the Commission 

only to the extent specifically provide in public notices of such 

meetings.

    (b) Definitions. The following definitions apply to the regulation 

in this section.

    (1) Commission means The Mississippi River Commission.

    (2) President means the duly appointed President and Executive 

Officer of the Commission.

    (3) Commissioner means a duly appointed member of the Commission.



[[Page 141]]



    (4) Secretary means the Secretary of the Commission.

    (5) Chief Legal Officer means the Division Counsel or the acting 

Division Counsel of the Lower Mississippi Valley Division, Corps of 

Engineers.

    (6) Meeting means the deliberations of at least a majority of the 

Commissioners where such deliberations determine or result in the joint 

conduct or disposition of official Commission business, but does not 

include:

    (i) Deliberations of the Commission in determining whether or not to 

close a portion or portions of a meeting in accordance with paragraphs 

(e)(4) and (e)(5) of this section.

    (ii) Deliberations of the Commission in determining whether or not 

to withhold from disclosure information pertaining to a portion or 

portions of a meeting as provided in paragraphs (e)(4) and (e)(5) of 

this section.

    (iii) Deliberations of the Commission pertaining to changes in the 

subject matter of a meeting or changes in the determination to open or 

close a portion or portions of a meeting to the public following the 

public announcement of such meeting in accordance with paragraph (d)(4) 

of this section.

    (iv) Deliberations of the Commission in determining whether to waive 

the one-week public notice requirement in accordance with paragraph 

(d)(2) of this section.

    (c) Time, place, and agenda of meetings. (1) The meetings of the 

Commission, except those held on Government boats during inspection 

trips of the Commission, shall be held at Vicksburg, Mississippi. The 

time of such meetings shall be fixed by the President of the Commission, 

who shall cause due notice of such meetings to be given members of the 

Commission and the public.





(33 U.S.C. 646)



    (2) The President shall, after consultation with the Commissioners, 

prepare a detailed agenda for planned Commission meetings at the 

earliest practicable time. Suggestions from the public of proposed 

agenda items are invited.

    (d) Public notices and Federal Register publication. (1) At least 

one week before each Commission meeting the Secretary shall issue a 

public announcement which (i) States the time and place of the meeting,

    (ii) Lists the agenda items or subjects to be discussed at the 

meeting,

    (iii) States whether the meeting or portions of the meeting are to 

be closed or open to public observation,

    (iv) States whether or not public participation in the meeting will 

be permitted, and

    (v) States the name and business phone number of the official who 

will respond to requests for information about the meeting. Public 

announcements of Commission meetings shall include releases to the news 

media in the Lower Mississippi River Valley and mailing notices of such 

meetings to all persons and agencies known to have an interest in the 

Commission's work and to others who request such announcements.

    (2) The one-week period for public notice required by paragraph 

(d)(1) of this section shall not be applicable when a majority of the 

entire membership of the Commission determines by a recorded vote that 

Commission business requires that a meeting be called at an earlier 

date. The Secretary shall, however, issue the public notice required by 

paragraph (d)(1) of this section at the earliest practicable time.

    (3) When due to unforeseen circumstances it is necessary to change 

the time or place of a meeting following the public announcement 

required by paragraph (d)(1) of this section, the Secretary will 

publicly announce such change at the earliest practicable time.

    (4) The subject matter of a meeting, or the determination of the 

Commission to open or close a portion or portions of a meeting to the 

public, may be changed following the public announcement required by 

paragraph (d)(1) of this section only if: (i) A majority of the entire 

membership of the Commission determines by a recorded vote that 

Commission business so requires and that no earlier announcement of the 

change was possible, and (ii) the Secretary publicly announces such 

change and the vote of each member on such change at the earliest 

practicable time.

    (5) Immediately following each public announcement required by this 

section,



[[Page 142]]



notice of the time, place, and subject matter of a meeting, whether a 

portion or portions of the meetings are open or closed to public 

observation, any change in one of the preceding, and the name and 

business telephone number of the official of the Commission who will 

respond to requests for information about the meeting, shall be 

submitted for publication in the Federal Register.

    (e) Closing a portion or portions of a meeting. (1) All Commission 

meetings shall be open to the public except when the Commission 

determines that public disclosure of information to be discussed in a 

portion or portions of a meeting is likely to:

    (i) Disclose matters that are (A) specifically authorized under 

criteria established by Executive order to be kept secret in the 

interests of national defense or foreign policy and (B) in fact properly 

classified pursuant to such Executive order;

    (ii) Relate solely to the internal personnel rules and practices of 

the Commission;

    (iii) Disclose matters specifically exempted from disclosure by 

statute [other than the Freedom of Information Act (5 U.S.C. 552), 

provided that such statute: (A) Requires that the matters be withheld 

from the public in such a manner as to leave no discretion on the issue, 

or (B) establishes particular criteria for withholding or refers to 

particular types of matters to be withheld;

    (iv) Disclose trade secrets and commercial or financial information 

obtained from a person and privileged or confidential;

    (v) Involve accusing any person of a crime, or formally censuring 

any person;

    (vi) Disclose information of a personal nature when disclosure would 

constitute a clearly unwarranted invasion of personal privacy;

    (vii) 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: (A) Interfere with enforcement proceedings, (B) 

deprive a person of a right to a fair trial or to an impartial 

adjudication, (C) constitute an unwarranted invasion of personal 

privacy, or (D) 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:

    (viii) Disclose information the premature disclosure of which would 

be likely to significantly frustrate implementation of a proposed 

Commission action except: (A) When the Commission has already disclosed 

to the public the content or nature of its proposed action or (B) when 

the Commission is required by law to make such disclosure on its own 

initiative prior to taking final Commission action on such proposal;

    (ix) Specifically concerns the Commission's participation in a civil 

action or proceeding.

    (2) In each instance where the Commission determines that a portion 

or portions of a meeting may be closed to the public, or determines that 

information may be withheld from the public for one or more of the 

exemptions listed in paragraph (e)(1) of this section, the Commission 

shall consider and determine whether or not the public interest requires 

that the portion or portions of the meeting be open to the public and 

whether or not the public interest requires that the information be 

released to the public.

    (3) Whenever any person whose interest may be directly affected by a 

portion of a meeting requests that the Commission close such portion to 

the public for any of the reasons referred to in paragraph (e)(1) (v), 

(vi) or (vii) of this section, the Commission, upon the request of any 

one of its members, shall vote by recorded vote whether to close such 

meeting.

    (4) Action to close a portion or portions of a meeting for one or 

more of the reasons listed in paragraphs (e)(1) (i) through (ix) of this 

section, or to withhold information from the public for one or more of 

the reasons listed in paragraphs (e)(1) (i) through (ix) of this



[[Page 143]]



section shall be taken only when a majority of the entire membership of 

the Commission votes to take such action.

    (5) A separate recorded vote of the Commission shall be taken with 

respect to each meeting a portion or portions of which the Commission 

proposes to close to the public, and a separate vote of the members of 

the Commission shall be taken to determine whether to withhold 

information from the public. The vote of each Commissioner participating 

in such vote shall be recorded and no proxies shall be allowed.

    (6) Within one day of any vote taken pursuant to paragraphs (e)(4) 

and (e)(5) of this section, the Commission shall make publicly available 

a written copy of such vote reflecting the vote of each member on the 

question. If a portion or portions of a meeting are to be closed to the 

public, the Commission shall within one day of the vote taken pursuant 

to paragraphs (e)(4) and (e)(5) of this section make publicly available 

a written explanation of its action in closing a portion or portions of 

the meeting together with a list of all persons expected to attend the 

meeting and their affiliations.

    (7) For every portion or portions of a meeting closed pursuant to 

paragraphs (e)(1) (i) through (ix) of this section, the Chief Legal 

Officer of the Commission shall publicly certify that, in his or her 

opinion, the meeting may be closed to the public and shall state each 

relevant exemptive provision. A copy of such certification, together 

with a statement from the presiding officer of the meeting setting forth 

the time and place of the meeting, and the persons present, shall be 

retained in the Commission files.

    (f) Records. (1) The Secretary shall maintain in the official files:

    (i) A complete transcript or electronic recording (disclosing the 

identity of each speaker) adequate to record fully the proceedings of 

the Commission at a portion or portions of a meeting closed to the 

public for the reasons specified in paragraphs (e)(1) (i) through (ix) 

of this section.

    (ii) The statement of the presiding officer of each Commission 

meeting, a portion or portions of which were closed to the public, as 

required by paragraph (e)(7) of this section.

    (iii) The certification of the Chief Legal Officer, as required by 

paragraph (e)(7) of this section, for each Commission meeting, a portion 

or portions of which were closed to the public.

    (2) The records required by paragraph (f)(1) of this section shall 

be retained for at least two years following any meeting or not less 

than one year following conclusion of Commission action with respect to 

any matter discussed at such meeting, whichever occurs later.

    (g) Public access to records. (1) All records required to be 

maintained in accordance with the provisions of (f)(1) of this section 

shall promptly be made available to the public by the Secretary except 

for information which the Commission has determined may be withheld from 

the public for the reasons stated in paragraphs (e)(1) (i) through (ix) 

of this section.

    (2) Public inspection of such records shall take place at the 

headquarters of the Mississippi River Commission, 1400 Walnut Street, 

Vicksburg, Mississippi 39180.

    (3) The Secretary shall provide (subject to withholding of 

information for the reasons stated in paragraphs (e)(1) (i) through (ix) 

of this section) upon request of any person, copies of the records 

required by the provisions of (f)(1) of this section, including 

transcriptions of electronic recordings at the actual cost of 

transcription or duplication.



(5 U.S.C. 552b)



[42 FR 13286, Mar. 10, 1977]