[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1409.5]

[Page 363-364]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1409_MEETINGS OF THE BOARD OF DIRECTORS OF COMMODITY CREDIT CORPORATION--
 
Sec. 1409.5  Closure of meetings.

    (a) Procedure for closing a majority of the meetings. (1) A majority 
of the meetings of the Board will be closed to the public pursuant to 
exemptions 4, 8, (9)(i) and 10 of Sec. 1409.4(a) of this part. These 
meetings will include deliberations such as those relating to the levels 
of price support for various agricultural commodities, the allocation of 
quantities of commodities for export programs, and the interest rates 
for commodity loans and farm storage facility loans. Board meetings will 
be closed pursuant to exemptions 4, 8, (9)(i) and 10 when at least five 
Directors vote at the beginning of such meeting, or portion thereof, to 
close the exempt portion or portions of the meeting. A copy of the vote, 
reflecting the vote of each Director on the question, will be made 
available to the public. The Board will, except to the extent that such 
information is exempt from disclosure under the exemptions in Sec. 
1409.4(a) of this part, provide the public with public announcement of 
the time, place, and subject matter of the meeting and of each portion 
thereof, at the earliest practicable time.
    (2) The provisions of paragraph (b) of this section and Sec. 
1409.6, except Sec. 1409.6(e), of this part will not apply to any 
meeting or portion thereof to which paragraph (a) of this section 
applies.
    (b) Procedure for closing other meetings. (1) A separate vote of the 
entire membership of the Board will be taken with respect to each Board 
meeting a portion or portions of which are proposed to be closed to the 
public or any information which is proposed to be withheld from the 
public on the basis of one or more of the exemptions in Sec. 1409.4(a) 
of this part. The vote of each Director will be recorded and no proxy 
shall be allowed.
    (2) A portion or portions of a meeting may be closed on the basis of 
one or more of the exemptions in Sec. 1409.4(a) of this part only when 
at least five Directors vote to take such action.
    (3) A single vote of the entire membership of the Board 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 the withholding 
of any information concerning such series of meetings, on the basis of 
one or more of the exemptions in Sec. 1409.4(a) of this part. Each 
meeting in such series must involve the same particular matters and must 
be scheduled to be held no more than thirty days after the initial 
meeting in such series. The vote of each Director participating in such 
vote will be recorded and no proxy vote shall be allowed.

[[Page 364]]

    (4) Whenever any person whose interests may be directly affected by 
a portion of a Board's meeting requests that the Board close such 
portion to the public on the basis of exemptions (5), (6), or (7) of 
Sec. 1409.4(a) of this part, the Board, upon the request of any one of 
its members, will vote whether or not to close such portion of the 
meeting. The vote of each Director participating in such vote will be 
recorded and no proxy shall be allowed.
    (c) General counsel's certification. Before every Board meeting 
closed on the basis of one or more of the exemptions in Sec. 1409.4(a) 
of this part, the General Counsel will publicly certify that, in his 
opinion, the meeting may be closed to the public and shall state each 
relevant exemption.