[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1517.4]



[Page 904-905]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1517_PUBLIC MEETING PROCEDURES OF THE COUNCIL ON ENVIRONMENTAL 

QUALITY--Table of Contents

 

Sec.  1517.4  Exceptions.



    (a) A meeting or portion thereof may be closed to public 

observation, and information pertaining to such meeting or portion 

thereof may be withheld from the public, if the Council determines that 

such meeting or portion thereof or disclosure of such information is 

likely to:

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

criteria established by an Executive order to be kept secret in the 

interest of national defense or foreign policy and (ii) in fact properly 

classified pursuant to that Executive order;

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

the Council;

    (3) Disclose matters specifically exempted from disclosure by 

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

provided that the statute: (i) Requires that the matters 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 the trade secrets and commercial or financial 

information obtained from a person and privileged or confidential;



[[Page 905]]



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

any person;

    (6) Disclose information of a personal nature if 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 those 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 be 

likely to significantly frustrate implementation of a proposed action of 

the Council. This exception shall not apply in any instance where the 

Council has already disclosed to the public the content or nature of the 

proposed action, or where the Council is required by law to make such 

disclosure on its own initiative prior to taking final action on the 

proposal; or

    (10) Specifically concern the issuance of a subpoena by the Council, 

or the participation of the Council in a civil action or proceeding, an 

action in a foreign court or international tribunal, or an arbitration, 

or the initiation, conduct, or disposition by the Council of a 

particular case of formal adjudication pursuant to the procedures in 5 

U.S.C. 554 or otherwise involving a determination on the record after 

opportunity for a hearing.

    (b) Before a meeting is closed to public observation the Council 

shall determine whether or not the public interest requires that the 

meeting be open. The Council may open a meeting to public observation 

which could be closed under paragraph (a) of this section, if the 

Council finds it to be in the public interest to do so.