[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR804.6]

[Page 142-143]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 804_RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT--Table of Contents
 
Sec.  804.6  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 
separate vote shall be taken with respect to any action under Sec.  
804.5. 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.  804.5 (e), (f), or (g). Requests, 
with reasons in support thereof, should be submitted to the General 
Counsel, National Transportation Safety Board, 800 Independence Avenue, 
SW., Washington, DC 20594. On 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 NTSB 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 NTSB 
shall publicly certify that, in his or her opinion,

[[Page 143]]

the meeting may be closed to the public and shall state each relevant 
exemptive provision. A copy of such certification, together with a 
statement of the presiding officer setting forth the time and place of 
the meeting and the persons present, shall be retained by the NTSB as 
part of the transcript, recording, or minutes required by Sec.  804.9.