[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: 40CFR1603.7]



[Page 932-933]

 

                   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.  1603.7  Grounds on which meetings may be closed or information may 

be withheld.



    Except in a case where the Board finds that the public interest 

requires otherwise, a meeting may be closed and information pertinent to 

such meeting otherwise required by Sec. Sec.  1603.8, 1603.9, and 

1603.10 to be disclosed to the public may be withheld if the Board 

properly determines that such meeting or portion thereof or the 

disclosure of such information is likely to:

    (a) Disclose matters that are:

    (1) Specifically authorized under criteria established by an 

Executive Order to be kept secret in the interests of national defense 

or foreign policy; and

    (2) In fact, properly classified pursuant to such Executive Order. 

In making the determination that this exemption applies, the Board shall 

rely upon the classification assigned to a document by the Environmental 

Protection Agency, Occupational Safety and Health Administration, or 

other originating agency;

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

the CSB;

    (c) Disclose matters specifically exempted from disclosure by 

statute (other than 5 U.S.C. 552), provided that such statute:

    (1) Requires that the matters be withheld from the public in such a 

manner as to leave no discretion on the issue; or

    (2) Establishes particular criteria for withholding or refers to 

particular types of matters to be withheld;

    (d) Disclose trade secrets and commercial or financial information 

obtained from a person and privileged or confidential;

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

any person;

    (f) Disclose information of a personal nature where disclosure would 

constitute a clearly unwarranted invasion of personal privacy;

    (g) 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:

    (1) Interfere with enforcement proceedings;

    (2) Deprive a person of a right to a fair trial or an impartial 

adjudication;

    (3) Constitute an unwarranted invasion of personal privacy;

    (4) 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;

    (5) Disclose investigative techniques and procedures; or

    (6) Endanger the life or physical safety of law enforcement 

personnel;

    (h) Disclose information the premature disclosure of which would be 

likely to significantly frustrate implementation of a proposed action of 

the CSB, except that this paragraph shall not apply in any instance 

where the



[[Page 933]]



Board has already disclosed to the public the content or nature of its 

proposed action or is required by law to make such disclosure on its own 

initiative prior to taking final action on such proposal;

    (i) Specifically concern the Board's issuance of a subpoena, or the 

CSB's participation 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 CSB of a particular case of 

formal agency adjudication pursuant to the procedures in 5 U.S.C. 554 or 

otherwise involving a determination on the record after opportunity for 

a hearing; or

    (j) Disclose other information for which the Government in the 

Sunshine Act provides an exemption to the open meeting requirements of 

that Act.