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

[CITE: 46CFR503.86]

[Page 120-121]
 
                           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.  503.86  Public access to records.

    (a) All transcripts, electronic recordings or minutes required to be 
maintained by the agency under the provisions of Sec.  Sec.  503.85(a)(3) 
and 503.85(b) shall be promptly made available to the public by the 
Secretary of the agency, except for any item of discussion or testimony 
of any witnesses which the agency determines to contain information 
which may be withheld from public disclosure because its disclosure is 
likely to disclose matters which are:
    (1)(i) specifically authorized under criteria established by an 
Executive order to be kept secret in the interest of national defense or 
foreign policy and (ii) in fact properly classified pursuant to such 
Executive order;
    (2) Related solely to the internal personnel rules and practices of 
an agency;
    (3) Specifically exempted from disclosure by any statute other than 
5 U.S.C. 552 (FOIA), provided that such statute
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Involved with accusing any person of a crime, or formally 
censuring any person;
    (6) Of a personal nature where disclosure would constitute a clearly 
unwarranted invasion of personal privacy;
    (7) 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 or information 
would
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement 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 confidential source,
    (v) Disclose investigative techniques and procedures or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;

[[Page 121]]

    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial institutions;
    (9) Information, the premature disclosure of which would be likely 
to significantly frustrate implementation of a proposed agency action, 
unless the agency has already disclosed to the public the content or 
nature of its proposed action, or where the agency is required by law to 
make such disclosure on its own initiative prior to taking final agency 
action on such proposal; or
    (10) Specifically concerned with 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.
    (b) Requests for access to the records described in this section 
shall be made in accordance with procedures described in subparts C and 
D of this part.
    (c) Records disclosed to the public under this section shall be 
furnished at the expense of the party requesting such access at the 
actual cost of duplication or transcription.

[49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23549, May 3, 1999]