DOT 49 CFR PART 804-2010 RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT.pdf

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1、554 49 CFR Ch. VIII (10110 Edition) Pt. 804 may not be granted under this section for nonofficial use (1) On souvenir or novelty items of an expendable nature; (2) On toys, gifts, or premiums; (3) As a letterhead design; (4) On menus, matchbook covers, cal-endars, or similar items; (5) To adorn civi

2、lian clothing; or (6) On athletic clothing or equip-ment. (e) Where necessary to avoid any pro-hibited implication or confusion as to the Boards association with the user or users, an appropriate legend will be prescribed by the Board for prominent display in connection with the per-mitted use. (f)

3、Falsely making, forging, counter-feiting, mutilating, or altering the Seal, or knowingly using or possessing with fraudulent intent any altered Seal is punishable under section 506 of Title 18, U.S.C. 40 FR 30238, July 17, 1975, as amended at 41 FR 39758, Sept. 16, 1976 PART 804RULES IMPLEMENTING TH

4、E GOVERNMENT IN THE SUN-SHINE ACT Sec. 804.1 Applicability. 804.2 Policy. 804.3 Definitions. 804.4 Open meetings requirement. 804.5 Grounds on which meetings may be closed or information may be withheld. 804.6 Procedures for closing meetings, or withholding information, and requests by affected pers

5、ons to close a meeting. 804.7 Procedures for public announcement of meetings. 804.8 Changes following public announce-ment. 804.9 Transcripts, recordings, or minutes of closed meetings. 804.10 Availability and retention of tran-scripts, recordings, and minutes, and ap-plicable fees. AUTHORITY: Gover

6、nment in the Sunshine Act, Pub. L. 94409, 90 Stat. 1241 (5 U.S.C. 552b); Independent Safety Board Act of 1974, Pub. L. 93633, 88 Stat. 2166 (49 U.S.C. 1901 et seq.). SOURCE: 42 FR 13284, Mar. 10, 1977, unless otherwise noted. 804.1 Applicability. (a) This part implements the provi-sions of the Gover

7、nment in the Sun-shine Act (5 U.S.C. 552b). These proce-dures apply to meetings, as defined herein, of the Members of the National Transportation Safety Board (NTSB). (b) Requests for all documents other than the transcripts, recordings, and minutes described in 804.9 shall con-tinue to be governed

8、by part 801 of the NTSB regulations (49 CFR part 801). 804.2 Policy. It is the policy of the NTSB to pro-vide the public with the fullest prac-ticable information regarding the deci-sionmaking processes of the Board, while protecting the rights of individ-uals and the ability of the Board to dis-cha

9、rge its statutory functions and re-sponsibilities. The public is invited to attend but not to participate in open meetings. 804.3 Definitions. As used in this part: Meeting means the deliberations of three or more Members where such deliberations de-termine or result in the joint conduct or disposit

10、ion of official NTSB busi-ness, and includes conference telephone calls otherwise coming within the defi-nition. A meeting does not include: (a) Notation voting or similar consid-eration of business, whether by circula-tion of material to the Members indi-vidually in writing or by a polling of the M

11、embers individually by tele-phone. (b) Deliberations by three or more Members (1) to open or to close a meet-ing or to release or to withhold infor-mation pursuant to 804.6, (2) to call a meeting on less than seven days notice as permitted by 804.7(b), or (3) to change the subject matter or the dete

12、r-mination to open or to close a publicly announced meeting under 804.8(b). (c) An internal session attended by three or more Members for which the sole purpose is to have the staff brief the Board concerning an accident, inci-dent, or safety problem. Member means an individual duly ap-pointed and c

13、onfirmed to the collegial body, known as the Board, which heads the NTSB. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00564 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-555 National Transportation Safety Board 804.5 Nati

14、onal Transportation Safety Board (NTSB) means the agency set up under the Independent Safety Board Act of 1974. 42 FR 13284, Mar. 10, 1977, as amended at 42 FR 31794, June 23, 1977 804.4 Open meetings requirement. Members shall not jointly conduct or dispose of agency business other than in accordan

15、ce with this part. Except as provided in 804.5, every portion of every meeting of the Board shall be open to public observation. 804.5 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

16、 may be closed and information pertinent to such meeting otherwise required by 804.6, 804.7, and 804.8 to be disclosed to the public may be withheld if the Board properly de-termines that such meeting or portion thereof or the disclosure of such infor-mation is likely to: (a) Disclose matters that a

17、re (1) spe-cifically authorized under criteria es-tablished by an Executive Order to be kept secret in the interests of national defense or foreign policy, and (2) are in fact properly classified pursuant to such Executive Order; (b) Relate solely to the internal per-sonnel rules and practices of th

18、e NTSB; (c) Disclose matters specifically ex-empted from disclosure by statute (other than 5 U.S.C. 552): Provided, That such statute (1) requires that the mat-ters be withheld from the public in such a manner as to leave no discretion on the issue, or (2) establishes par-ticular criteria for withho

19、lding or re-fers to particular types of matters to be withheld; (d) Disclose trade secrets and com-mercial or financial information ob-tained from a person and privileged or confidential; (e) Involve accusing any person of a crime, or formally censuring any per-son; (f) Disclose information of a per

20、sonal nature where disclosure would con-stitute 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

21、 or information would: (1) Interfere with enforcement pro-ceedings; (2) Deprive a person of a right to a fair trial or an impartial adjudication; (3) Constitute an unwarranted inva-sion of personal privacy; (4) Disclose the identity of a con-fidential source and, in the case of a record compiled by

22、a criminal law en-forcement 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 con-fidential source; (5) Disclose investigative techniques and procedures; or (6) Endange

23、r the life or physical safe-ty of law enforcement personnel; (h) Disclose information contained in or related to examination, operating, or condition reports prepared by, on be-half of, or for the use of an agency re-sponsible for the regulation or super-vision of financial institutions; (i) Disclos

24、e information the pre-mature disclosure of which would be likely to significantly frustrate imple-mentation of a proposed action of the NTSB: Provided, That the NTSB has not already disclosed to the public the content or nature of its proposed ac-tion or is not required by law to make such disclosur

25、e on its own initiative prior to taking final action on such proposal; or (j) Specifically concern the Boards issuance of a subpoena, or the NTSBs participation in a civil action or pro-ceeding, an action in a foreign court or international tribunal, or an arbitra-tion, or the initiation, conduct, o

26、r dis-position by the NTSB of a particular case of formal agency adjudication pur-suant to the procedures in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for a hearing. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00565 Fmt 8010 Sfmt 8010 Y:SGML22

27、0218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-556 49 CFR Ch. VIII (10110 Edition) 804.6 804.6 Procedures for closing meet-ings, or withholding information, and requests by affected persons to close a meeting. (a) A meeting shall not be closed, or information pert

28、aining thereto with-held, unless a majority of all Members votes to take such action. A separate vote shall be taken with respect to any action under 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 wit

29、h respect to any informa-tion concerning such series of meet-ings, so long as each meeting in such series involves the same particular sub-ject matters and is scheduled to be held no more than thirty days after the ini-tial meeting in such series. Each Mem-bers vote under this paragraph shall be rec

30、orded and proxies are not permitted. (b) Any person whose interest may be directly affected if a portion of a meet-ing is open may request the Board to close that portion on any of the grounds referred to in 804.5 (e), (f), or (g). Requests, with reasons in support thereof, should be submitted to th

31、e General Counsel, National Transpor-tation 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 a

32、vailable a writ-ten 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 ex-planation of its action closing the meeting and a list of all persons ex-pected to attend and their affiliation. (d) Before every cl

33、osed meeting, the General Counsel of the NTSB shall pub-licly certify that, in his or her opinion, the meeting may be closed to the pub-lic and shall state each relevant ex-emptive provision. A copy of such cer-tification, together with a statement of the presiding officer setting forth the time and

34、 place of the meeting and the persons present, shall be retained by the NTSB as part of the transcript, re-cording, or minutes required by 804.9. 804.7 Procedures for public an-nouncement of meetings. (a) For each meeting, the NTSB shall make public announcement, at least one week before the meeting

35、, of the: (1) Time of the meeting; (2) Place of the meeting; (3) Subject matter of the meeting; (4) Whether the meeting is to be open or closed; and (5) The name and business telephone number of the official designated by the NTSB to respond to requests for in-formation about the meeting. (b) The on

36、e week advance notice re-quired by paragraph (a) of this section may be reduced only if: (1) A majority of all Members deter-mines by recorded vote that NTSB business requires that such meeting be scheduled in less than seven days; and (2) The public announcement re-quired by paragraph (a) of this s

37、ection be made at the earliest practicable time. (c) Immediately following each pub-lic announcement required by this sec-tion, or by 804.8, the NTSB shall sub-mit a notice of public announcement for publication in the FEDERAL REG-ISTER. 804.8 Changes following public an-nouncement. (a) The time or

38、place of a meeting may be changed following the public announcement only if the NTSB pub-licly announces such change at the ear-liest practicable time. Members need not approve such change. (b) The subject matter of a meeting or the determination of the Board to open or to close a meeting, or a port

39、ion thereof, to the public may be changed following public announcement only if: (1) A majority of all Members deter-mines by recorded vote that NTSB business so requires and that no earlier announcement of the change was pos-sible; and (2) The NTSB publicly announces such change and the vote of eac

40、h Mem-ber thereon at the earliest practicable time. 804.9 Transcripts, recordings, or min-utes of closed meetings. Along with the General Counsels certification and presiding officers VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00566 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 o

41、n DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-557 National Transportation Safety Board 805.7351 statement referred to in 804.6(d), the NTSB shall maintain a complete tran-script of electronic recording adequate to record fully the proceedings of each meeting, or a portion thereof, close

42、d to the public. The NTSB may maintain a set of minutes in lieu of such tran-script or recording for meetings closed pursuant to 804.5 (h) or (j). Such min-utes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any ac-tions taken, and the reasons

43、 therefor, including a description of each of the views expressed on any item and the record of any rollcall vote. All docu-ments considered in connection with any actions shall be identified in such minutes. 804.10 Availability and retention of transcripts, recordings, and min-utes, and applicable

44、fees. The NTSB shall make promptly available to the public the transcript, electronic recording, or minutes of the discussion of any item on the agenda or of any testimony received at the meet-ing, except for such item, or items, of discussion or testimony as determined by the NTSB to contain matter

45、s which may be withheld under the exemptive provisions of 804.5. Copies of the non-exempt portions of the transcript or minutes, or transcription of such re-cordings disclosing the identity of each speaker, shall be furnished to any per-son at the actual cost of transcription or duplication. the NTS

46、B shall main-tain a complete verbatim copy of the transcript, a complete copy of the min-utes, or a complete electronic record-ing of each meeting, or a portion there-of, closed to the public for at least two years after such meeting, or until one year after the conclusion of any NTSB proceeding wit

47、h respect to which the meeting, or a portion thereof, was held, whichever occurs later. PART 805EMPLOYEE RESPONSIBILITIES AND CONDUCT Sec. 805.7351 Purpose. 805.7352 Definitions. 805.7353 Policy. 805.7354 Financial interests of Members and employees. 805.7355 Receipt of gifts, entertainment, and fav

48、ors by Members or employees. 805.7356 Misuse of information by Members and employees. 805.7357 Outside activities of Members and employees. 805.7358 Employment of family members in transportation and related enterprises. 805.7359 Use of Government property. 805.73510 Member and employee indebted-nes

49、s. 805.73511 Gambling, betting, and lotteries. 805.73512 Coercion. 805.73513 Conduct prejudicial to the Gov-ernment. 805.73514 Specific regulations for special Government employees. 805.73515 Miscellaneous statutory provi-sions. 805.73516 Statements of employment and fi-nancial interests. 805.73517 Supplementary statements. 805.73518 Interests of employees relatives. 805.73519 Information not known by em-ployees. 805.7