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

[CITE: 46CFR503.85]

[Page 119-120]
 
                           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.  503.85  Agency recordkeeping requirements.

    (a) In the case of any portion or portions of a meeting or portion 
or portions of a series of meetings determined by the agency to be 
closed to public observation under the provisions of this subpart, the 
following records shall be maintained by the Secretary of the agency:
    (1) The certification of the General Counsel of the agency required 
by Sec.  503.77;
    (2) A statement from the officer presiding over the portion or 
portions of the meeting or portion or portions of a series of meetings 
setting forth the time and place of the portion or portions of the 
meeting or portion or portions of the series of meetings, the persons 
present at those times; and
    (3) Except as provided in paragraph (b) of this section, a complete 
transcript or electronic recording fully recording the proceedings at 
each portion of each meeting closed to public observation.

[[Page 120]]

    (b) In case the agency determines to close to public observation any 
portion or portions of any meeting or portion or portions of any series 
of meetings because public observation of such portion or portions of 
any meeting is likely to specifically concern the agency's issuance of a 
subpena, or the agency'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 agency 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, the agency may maintain a set of 
minutes in lieu of the transcript or recording described in paragraph 
(a)(3) of this section. Such minutes shall contain:
    (1) A full and clear description of all matters discussed in the 
closed portion of any meeting;
    (2) A full and accurate summary of any action taken on any matter 
discussed in the closed portion of any meeting and the reasons therefor;
    (3) A description of each of the views expressed on any matter upon 
which action was taken as described in paragraph (b)(2) of this section;
    (4) The record of any rollcall vote which shall show the vote of 
each member on the question; and
    (5) An identification of all documents considered in connection with 
any action taken on a matter described in paragraph (b)(1) of this 
section.
    (c) All records maintained by the agency as described in this 
section shall be held by the agency for a period of not less than two 
(2) years following any meeting or not less than one (1) year following 
the conclusion of any agency proceeding with respect to which that 
meeting or portion of a meeting was held.

[49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984]