[Code of Federal Regulations]
[Title 46, Volume 9]
[Revised as of October 1, 2006]

[CITE: 46CFR503.74]

[Page 114]
 
                           TITLE 46--SHIPPING
 
                 CHAPTER IV--FEDERAL MARITIME COMMISSION
 
PART 503_PUBLIC INFORMATION--Table of Contents
 
Subpart H_Public Observation of Federal Maritime Commission Meetings and 
     Public Access to Information Pertaining to Commission Meetings
 
Sec.  503.74  Procedures for closing a portion or portions of a 
meeting or a portion or portions of a series of meetings 

on agency initiated requests.

    (a) Any member of the agency, the Managing Director or the General 
Counsel of the agency may request that any portion or portions of a 
series of meetings be closed to public observation for any of the 
reasons provided in Sec.  503.73 by submitting such request in writing 
to the Secretary of the agency in sufficient time to allow the Secretary 
to schedule a timely vote on the request pursuant to paragraph (b) of 
this section.
    (b) Upon receipt of any request made under paragraph (a) of this 
section, the Secretary of the agency shall schedule a time at which the 
members of the agency shall vote upon the request, which vote shall take 
place not later then eight (8) days prior to the scheduled meeting of 
the agency.
    (c) At the time the Secretary schedules a time for an agency vote as 
described in paragraph (b) of this section, he or she shall forward the 
request to the General Counsel of the agency who shall act upon such 
request as provided in Sec.  503.77.
    (d) At the time schedule d by the Secretary as provided in paragraph 
(b) of this section, the members of the agency, upon consideration of 
the request submitted under paragraph (a) of this section and 
consideration of the certified opinion of the General Counsel of the 
agency provided to the members under Sec.  503.77, shall vote upon that 
request. That vote shall determine whether or not any portion or 
portions of a meeting may be closed to public observation for any of the 
reasons provided in Sec.  503.73, and whether or not the public interest 
requires that the portion or portions of the meeting or meetings remain 
open, notwithstanding the applicability of any of the reasons provided 
in Sec.  503.73 permitting the closing of any meeting to public 
observation.
    (e) In the case of a vote on a request under this section to close 
to public observation a portion or portions of a meeting, no such 
portion or portions of any meeting may be closed unless, by a vote on 
the issues described in paragraph (d) of this section, a majority of the 
entire membership of the agency shall vote to close such portion or 
portions of a meeting by recorded vote.
    (f) In the case of a vote on a request under this section to close 
to public observation a portion or portions of a series of meetings as 
defined in Sec.  503.71, no such portion or portions of a series of 
meetings may be closed unless, by a vote on the issues described in 
paragraph (d) of this section, a majority of the entire membership of 
the agency shall vote to close such portion or portions of a series of 
meetings. A determination to close to public observation a portion or 
portions of a series of meetings may be accomplished by a single vote on 
each of the issues described in paragraph (d) of this section, provided 
that the vote of each member of the agency shall be recorded and the 
vote shall be cast by each member and not by proxy vote.

[49 FR 44401, Nov. 6, 1984, as amended at 55 FR 38330, Sept. 18, 1990]