[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: 40CFR1517.5]



[Page 905-906]

 

                   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.  1517.5  Procedure for closing meetings.



    (a) A majority of the entire membership of the Council may vote to 

close to public observation a meeting or a portion or portions thereof, 

or to withhold information pertaining to such meeting. A separate vote 

of the members of the Council shall be taken with respect to each 

meeting of the Council, a portion or portions of which are proposed to 

be closed to the observation of the public or with respect to any 

information concerning such meetings or portion thereof. A single vote 

may be taken 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 

information concerning such series of meetings, so long as each meeting 

in such series involves the same particular matters and is scheduled to 

be held no more than thirty days after the initial meeting in such 

series. The vote of each member of the Council participating in a vote 

shall be recorded and no proxies shall be allowed.

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

portion of a meeting requests that the Council close that portion to 

public observation for any of the reasons referred to in Sec.  1517.4(a) 

the Council, upon request of any of the members of the Council, shall 

decide by recorded vote whether to close that portion of the meeting.

    (c) For every meeting or portion thereof closed under this part, the 

General Counsel of the Council before such meeting is closed shall 

publicly certify that, in his or her opinion, the meeting may properly 

be closed to the public stating each relevant exemptive provision. The 

Council shall retain a copy of



[[Page 906]]



the General Counsel's certification, together with a statement from the 

presiding officer of the meeting setting forth the time and place of the 

meeting and listing the persons present.

    (d) Within one day of any vote taken on a proposal to close a 

meeting, the Council shall make publicly available a record reflecting 

the vote of each member on the question. In addition, within one day of 

any vote which closes a portion or portions of a meeting to the public, 

the Council shall make publicly available a full written explanation of 

its closure action together with a list naming all persons expected to 

attend and identifying their affiliation, unless such disclosure would 

reveal the information that the meeting itself was closed to protect.

    (e) Following any announcement that the Council intends to close a 

meeting or portion thereof, any person may make a request that the 

meeting or portion thereof be opened. Such request shall be made of the 

Chairman of the Council who shall ensure that the request is circulated 

to all members of the Council on the same business day on which it is 

received. The request shall set forth the reasons why the requestor 

believes the meeting should be open. The Council upon the request of any 

member or its General Counsel, shall vote on the request.