50 CFR § 510.1-510.9 - Implementation of the Federal Advisory Committee Act

439 Marine Mammal Commission § 510.4 the individual of his or her right to submit to the Privacy Officer, for in clusion in the record, a concise state ment of grounds for disagreement with the final determination. Receipt of any such statement shall be acknowledged by the Privacy Officer, and all subse quent and prior users of the record shall be provided copies of the state ment. The notice shall also inform the individual of his or her right, under 5 U.S.C. 552a(g)(1), to obtain judicial re view of the final determination. [40 FR 49276, Oct. 21, 1975, as amended at 41 FR 5, Jan. 2, 1976] § 501.9 Fees. A fee of $0.10 shall be charged for each copy of each page of a record made, by photocopy or similar process, at the request of an individual. No fee shall be charged for copies made at the initiative of the Commission incident to granting access to a record. A total copying fee of $2.00 or less may be waived by the Privacy Officer, but fees for all requests made contempora neously by an individual shall be ag gregated to determine the total fee. [41 FR 5, Jan. 2, 1976] PART 510—IMPLEMENTATION OF THE FEDERAL ADVISORY COM MITTEE ACT Sec. 510.1 Purpose. 510.2 Scope. 510.3 Definitions. 510.4 Calling of meetings. 510.5 Notice of meetings. 510.6 Public participation. 510.7 Closed meetings. 510.8 Minutes. 510.9 Uniform pay guidelines. AUTHORITY: Sec. 8(a), Federal Advisory Committee Act, 5 U.S.C. App. I. SOURCE: 41 FR 3306, Jan. 22, 1976, unless otherwise noted. § 510.1 Purpose. The regulations prescribed in this part set forth the administrative guide lines and management controls for ad visory committees reporting to the Ma rine Mammal Commission. These regu lations are authorized by section 8(a) of the Federal Advisory Committee Act, 5 U.S.C. appendix I. Guidelines and con trols are prescribed for calling of meet ings, notice of meetings, public partici pation, closing of meetings, keeping of minutes, and compensation of com mittee members, their staff and con sultants. § 510.2 Scope. These regulations shall apply to the operation of advisory committees re porting to the agency. § 510.3 Definitions. For the purposes of this part, (a) The term Act means the Federal Advisory Committee Act, 5 U.S.C. ap pendix I; (b) The term Chairperson means each person selected to chair an advisory committee established by the Commis sion; (c) The term Commission means the Marine Mammal Commission, estab lished by 16 U.S.C. 1401(a); (d) The term committee means any ad visory committee reporting to the Commission; and (e) The term Designee means the agency official designated by the Chairman of the Commission (1) to per form those functions specified by sec tions 10(e) and (f) of the Act, and (2) to perform such other responsibilities as are required by the Act and applicable regulations to be performed by the ‘‘agency head.’’ § 510.4 Calling of meetings. (a) No committee shall hold any meeting except with the advance ap proval of the Designee. Requests for ap proval may be made, and approval to hold meetings may be given orally or in writing, but if approval is given orally, the fact that approval has been given shall be stated in the public no tice published pursuant to § 510.5 of these regulations. (b) An agenda shall be submitted to, and must be approved by, the Designee in advance of each committee meeting, and that meeting shall be conducted in accordance with the approved agenda. The agenda shall list all matters to be considered at the meeting, and shall in dicate when any part of the meeting will be closed to the public on the au thority of exemptions contained in the 440 50 CFR Ch. V (10–1–23 Edition) § 510.5 Freedom of Information Act, 5 U.S.C. 552(b). [41 FR 3306, Jan. 22, 1976; 41 FR 4020, Jan. 28, 1976] § 510.5 Notice of meetings. (a) Notice of each committee meeting shall be timely published in the FED ERAL REGISTER. Publication shall be considered timely if made at least 15 days before the date of the meeting, ex cept that shorter notice may be pro vided in emergency situations. (b) The notice shall state the time, place, schedule and purposes of the committee meeting, and shall include, whenever it is available, a summary of the agenda. The notice shall indicate the approximate times at which any portion of the meeting will be closed to the public and shall include an expla nation for the closing of any portion of the meeting pursuant to § 510.7. § 510.6 Public participation. (a) All committee meetings, or por tions of meetings, that are open to the public shall be held at a reasonable time and at a place that is reasonably accessible to the public. A meeting room shall be selected which, within the bounds of the resources and facili ties available, affords space to accom modate all members of the public who reasonably could be expected to attend. (b) Any member of the public shall be permitted to file a written statement with the committee, either by person ally delivering a copy to the Chair person, or by submitting the statement by mail to the Marine Mammal Com mission Offices at the address indi cated in the notice of meeting. Such statements should be received at least one week in advance of the scheduled meeting at which they are expected to be considered by the committee. (c) Opportunities will ordinarily be afforded to interested persons to speak to agenda items during that portion of the open meeting during which that item is to be considered by the com mittee, subject to such reasonable time limits as the committee may establish, and consideration of the extent to which the committee has received the benefit of comments by interested per sons, the complexity and the impor tance of the subject, the time con straints under which the meeting is to be conducted, the number of persons who wish to speak during the meeting, and the extent to which the statement provides the committee with informa tion which has not previously been available and is relevant to its decision or other action on that subject. Inter ested persons may be required to serve reasonable notice of their intentions to speak so that the committee may as sess whether procedures and scheduling for the meeting can be adjusted to ac commodate large numbers of partici pants. § 510.7 Closed meetings. (a) Whenever the committee seeks to have all or a portion of a meeting closed to the public on the basis of an exemption provided in 5 U.S.C. 552(b), the Chairperson shall notify the Des ignee at least 30 days before the sched uled date of the meeting. The notifica tion shall be in writing and shall speci fy all the reasons for closing any part of the meeting. (b) If, after consultation with the General Counsel of the Commission, the Designee finds the request to be warranted and in accordance with the policy of the Act, the request shall be granted. The determination of the Des ignee to grant any such request shall be in writing and shall state the spe cific reasons for closing all or a part of the meeting. Copies of the determina tion shall be made available to the pub lic upon request. § 510.8 Minutes. Detailed minutes shall be kept of each portion of each committee meet ing. The minutes shall include: the time and place of the meeting; a list of the committee members and staff in attendance; a complete summary of matters discussed and conclusions reached; copies of all reports received, issued, or approved by the committee; a description of the extent to which the meeting was open to the public; and a description of public participation, in cluding a list of members of the public who presented oral or written state ments and an estimate of the number of members of the public who attended the open sessions. The Chairperson 441 Marine Mammal Commission § 520.2 shall certify to the accuracy of the minutes. § 510.9 Uniform pay guidelines. (a) Compensation of members and staff of, and consultants to the Com mittee of Scientific Advisors on Marine Mammals is fixed in accordance with 16 U.S.C. 1401(e), 1403(b), and 1406. (b) Compensation for members and staff of, and consultants to all advisory committees reporting to the Commis sion except the Committee of Sci entific Advisors on Marine Mammals shall be fixed in accordance with guide lines established by the Director of the Office of Management and Budget pur suant to section 7(d) of the Act, 5 U.S.C. appendix I. PART 520—PUBLIC AVAILABILITY OF AGENCY MATERIALS Sec. 520.1 Purpose. 520.2 Scope. 520.3 Definitions. 520.4 Availability of materials. 520.5 Administrative appeal. 520.6 Extensions of time. 520.7 Fees. AUTHORITY: 5 U.S.C. 552. SOURCE: 41 FR 3307, Jan. 22, 1976, unless otherwise noted. § 520.1 Purpose. These regulations implement the pro visions of the ‘‘Freedom of Information Act,’’ 5 U.S.C. 552. They establish pro cedures under which the public may in spect and obtain copies of nonexempt material maintained by the Commis sion, provide for administrative appeal of initial determinations to deny re quests for material, and prescribe uni form fees to be charged by the Commis sion to recover direct search and dupli cation costs. § 520.2 Scope. (a) These regulations shall apply to all final opinions, including concurring and dissenting opinions, as well as or ders, made by the Commission in the adjudication of cases; to all statements of policy and interpretations which have been adopted by the Commission and are not published in the FEDERAL REGISTER; to the Commission’s admin istrative staff manuals and instruc tions to staff that affect a member of the public; and to any other Commis sion records reasonably described and requested by a person in accordance with these regulations—except to the extent that such material is exempt in accordance with paragraph (b) of this section. (b) Requests for inspection and copies shall not be granted with respect to materials that 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) Are in fact properly classified pursuant to such Executive order; (2) Related solely to the internal per sonnel rules and practices of the Com mission; (3) Specifically exempted from disclo sure by statute; (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Commission; (6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would: (i) Interfere with enforcement pro ceedings, (ii) Deprive a person of a right to a fair trial or an impartial adjudication, (iii) Constitute an unwarranted inva sion of personal privacy, (iv) Disclose the identity of a con fidential source and, in the case of a record compiled by 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, (v) Disclose investigative techniques and procedures, or (vi) Endanger the life or physical safety of law enforcement personnel;