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$1704.2 Definitions. As used in this part:

(a) Chairman and Vice Chairman mean those Members designated by the President to serve in said positions, pursuant to 42 U.S.C. 2286(C).

(b) Defense Nuclear Facilities Safety Board means the Board established under the National Defense Authorization Act, Fiscal Year 1989.

(c) General Counsel means the Board's principal legal officer, or an attorney serving as Acting General Counsel.

(d) Meeting means the deliberations of three or more Members where such deliberations determine or result in the joint conduct or disposition of official Board business. A meeting does not include:

(1) Notation voting or similar consideration of business for the purpose of recording of votes, whether by circulation of material to the Members individually in writing or by a polling of the Members individually by telephone.

(2) Action by three or more Members

view of the Board under its authorizing statute, provided that the Board does not engage in deliberations that determine or result in the joint conduct or disposition of official Board business on such matters.

(5) A gathering of Members for the purpose of holding informal preliminary discussions or exchange of views which do not efectively predetermine official action.

(e) Member means an individual duly appointed and confirmed to the colleglal body, known as "the Board." g 1704.3 Open meetings requirement

(a) Any meetings of the Board, as defined in $1704.2, shall be conducted in accordance with this part. Except as provided in $1704.4, the Board's meetings, or portions thereof, shall be open to public observation.

(b) The General Counsel or his designee will attend and monitor briefings described in $1704.2(d) (3)(4) and informal preliminary discussions described in $1704.2(a)(5) to assure that those gatherings do not proceed to the point of becoming deliberations and "meetings" within the meaning of the Sunshine Act.

(c) The General Counsel or his designee will inform the Board Members if developing discussions at a briefing or gathering should be deferred until a notice of an open or closed meeting can be published in the FEDERAL REGISTER, and a meeting conducted pursuant to the Sunshine Act and these regulations.


(1) Open or to close a meeting or to release or to withhold information pursuant to $1704.5;

(11) Set an agenda for a proposed meeting(s);

(ili) Call a meeting on less than seven days' notice as permitted by $1704.6(b); or

(iv) Change the subject matter or the determination to open or to close a publicly announced meeting under $1704.7(b).

(3) A session attended by three or more Members for which the purpose is to have the Board's staff or expert consultants to the Board brief or otherwise provide information to the Board concerning any matters within the purview of the Board under its authorizing statute, provided that the Board does not engage in deliberations that determine or result in the joint conduct or disposition of official Board business on such matters.

(4) A session attended by three or more Members for which the purpose is to have the Department of Energy (including its contractors) or other perBons or organizations brief or otherwise provide information to the Board concerning any matters within the pur

$ 1704.4 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 may be closed and information pertinent to such meeting otherwise required by $$1704.5, 1704.6, and 1704.7 to be disclosed to the public may be withheld if the Board properly determines that such meeting or portion thereof or the disclosure of such information is likely to:

(a) Disclose matters that are:

(1) Specifically authorized under criteria established by an Executive Order to be kept secret in the interests of national defense or foreign policy; and

(2) In fact properly classified pursuant to such Executive order. In making the determination that this exemption applies, the Board shall rely upon the classification assigned to a document by the Department of Energy or other originating agency;

(b) Relate solely to the internal personnel rules and practices of the Board;

(c) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C. 552): Provided, That such statute:

(1) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or

(2) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; This exemption applies to Board meetings, or portions of meetings, involving deliberations regarding recommendations which, under 42 U.S.C. 2286d (a) and (g)(3), may not be made publicly available until after they have been received by the Secretary of Energy or the President, respectively;

(d) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(e) Involve accusing any person of a crime, or formally censuring any person;

(1) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(8) 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 or information would;

(1) Interfere with enforcement proceedings;

(2) Deprive a person of a right to a fair trial or an impartial adjudication;

(3) Constitute an unwarranted invasion of personal privacy;

(4) 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;

(5) Disclose investigative techniques and procedures; or

(6) Endanger the life or physical safety of law enforcement personnel;

(h) Disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed action of the Board, except that this subsection shall not apply in any instance where the Board has already disclosed to the public the content or nature of its proposed action, or where the Board is required by law to make such disclosure on its own initiative prior to taking final action on such proposal;

(1) Specifically concern the Board's issuance of a subpoena, or the Board'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 Board 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; or

(j) Disclose other information for which the Government in the Sunshine Act provides an exemption to the open meeting requirements of that Act.

81704.5 Procedures for closing meet

ings, or withholding information, and requests by affected persons to

close a meeting. (a) A majority of all Members may vote to close a meeting or withhold information pertaining to that meeting. A separate vote shall be taken with respect to any action under $1704.4. A majority of the Board may act by taking a single vote with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular subject matters and is scheduled to be held no more than thirty days after the initial meeting in such series. Each Member's vote under this paragraph shall be recorded 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 (1) A majority of all Members deterclose that portion on any of the mines by recorded vote that Board grounds referred to in 1704.4 (e), (1), or business requires that such meeting be (8). Requests, with reasons in support scheduled in less than seven days; and thereof, should be submitted to the (2) The public announcement reGeneral Counsel, Defense Nuclear Fa quired by paragraph (a) of this section cilities Safety Board, 625 Indiana Ave is made at the earliest practicable nue, NW., suite 700, Washington, DC time. 20004. On motion of any Member, the (c) Immediately following each pubBoard shall determine by recorded vote lic announcement required by this secwhether to grant the request.

tion, or by $1704.7, the Board shall sub(c) Within one working day of any mit a notice of public announcement vote taken pursuant to this section, for publication in the FEDERAL REGthe Board shall make available a writ ISTER. ten copy of such vote reflecting the vote of each Member on the question,

$ 1704.7 Changes following public anand if a portion of a meeting is to be

nouncement. closed to the public a full written ex (a) The time or place of a meeting planation of its action closing the may be changed following the public meeting and a list of all persons ex announcement only if the Board pubpected to attend and their affiliation licly announces such change at the ear

(d) For every closed meeting, the liest practicable time. Members need General Counsel of the Board shall pub- not approve such change. licly certify that, in his or her opinion, (b) The subject matter of a meeting the meeting may be closed to the pub or the determination of the Board to lic and shall state each relevant ex- open or to close a meeting, or a portion emption provision. If the General thereof, to the public may be changed Counsel invokes the exemption for following public announcement if: classified or sensitive unclassified in- (1) A majority of all Members deterformation under $1704.4(a), he shall mines by recorded vote that Board rely upon the classification or designa business so requires and that no earlier tion assigned to the document contain announcement of the change was posing such information by the Depart sible; and ment of Energy or other originating (2) The Board publicly announces agency. A copy of such certification, such change and the vote of each Memtogether with a statement setting ber thereon at the earliest practicable forth the time and place of the meeting time. and the persons present, shall be re (c) The deletion of any subject mattained by the Board as part of the tran ter announced for a meeting is not a script, recording, or minutes required change requiring the approval of the by $1704.8.

Board under paragraph (b) of this sec

tion. $1704.6 Procedures for public announcement of meetings.

81704.8 Transcripts, recordings, or (a) For each meeting, the Board shall

minutes of closed meetings. make public announcement, at least Along with the General Counsel's one week before the meeting, of the: certification and presiding officer's (1) Time of the meeting;

statement referred to in $1704.5(d), the (2) Place of the meeting;

Board shall maintain a complete tran(3) Subject matter of the meeting; script or electronic recording adequate

(4) Whether the meeting is to be open to record fully the proceedings of each or closed, and

meeting, or a portion thereof, closed to (5) The name and business telephone the public. The Board may maintain a number of the official designated by set of minutes in lieu of such tranthe Board to respond to requests for in script or recording for meetings closed formation about the meeting.

pursuant to $1704.4(1). Such minutes (b) The one week advance notice re- shall fully and clearly describe all matquired by paragraph (a) of this section ters discussed and shall provide a full may be reduced only if:

and accurate summary of any actions


taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote.

Sec. 1706.01 Scope. 1705.02 Definitions. 1705.03 Systems of records notification. 1705.04 Requests by persons for access to

their own records. 1706.06 Processing of requests. 1705.06 Appeals from access denials. 1706.07 Requests for correction of records. 1705.08 Appeals from correction denials. 1705.09 Disclosure of records to third par

ties. 1705.10 Fees. 1705.11 Exemptions.

AUTHORITY: 5 U.S.C. 552a(1).

SOURCE: 56 FR 47144, Sept. 18, 1991, unless otherwise noted.

81706.01 Scope.

This part contains the Board's regulations implementing the Privacy Act of 1974, Public Law 93-579, 5 U.S.C. 552a.

81704.9 Availability and retention of

transcripts, recordings, and min utes, and applicable fees. The Board shall make promptly available to the public in the Public Reading Room the transcript, electronic recording, or minutes of the discussion of any item on the agenda or of any testimony received at a closed meeting, except for such item, or items, of discussion or testimony as determined by the Board to contain matters which may be withheld under the exemptive provisions of $1704.4. Copies of the nonexempt portions of the transcript or minutes, or transcription of such recordings disclosing the identity of each speaker, shall be furnished to any person at the actual cost of transcription or duplication. If at some later time the Board determines that there is no further justification for withholding a portion of a transcript, electronic recording, or minutes or other item of information from the public which has previously been withheld, such portion or information shall be made publicly available. The Board shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or a portion thereof, closed to the public for at least two years after such meeting, or until one year after the conclusion of any Board proceeding with respect to which the meeting, or a portion thereof, was held, whichever occurs later.

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81704.10 Severability.

If any provision of this part or the application of such provision to any person or circumstances, is held invalid, the remainder of this part or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(a) Public notice. The Board has published in the FEDERAL REGISTER Its sygtems of records. The Office of the Federal Register biennially compiles and publishes all systems of records maintained by all Federal agencies, including the Board.

(b) Requests regarding record systems. Any person who wishes to know whether a system of records contains a record pertaining to him or her may file a request in person or in writing. Written requests should be directed to: Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington. DC 20004. Telephone requests should be made by calling the Board at 202–208

6400, and asking to speak to the Privacy Act Officer.

8 1706.04 Requests by persons for ac

ceas to their own records. (a) Requests in writing. A person may request access to his or her own records in writing by addressing a let ter to: Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indi ana Avenue, NW., suite 700, Washington, DC 20004. The request should contain the following information:

(1) Full name, address, and telephone number of requester,

(2) Proof of identification, which should be a copy of one of the following: Valid driver's license, valid pass port, or other current identification which contains both an address and picture of the requester,

(3) The system of records in which the desired information is contained, and

(4) At the requester's option, authorization for copying expenses (see $1706.10 below).

(b) Requests in person. Any person may examine his or her own records on the Board's premises. To do so, the person should call the Board's offices at 202-208-6400 and ask to speak to the Privacy Act Officer. This call should be made at least two weeks prior to the

are subject to any exemption under $1706.11 below. If the records exist and are not subject to exemption, the Privacy Act Officer will call the requester and arrange an appointment at a mutually agreeable time when the records can be examined. The requester may be accompanied by one person of his or her own choosing, and should state during this call whether or not a second individual will be present at the appointment. At the appointment, the requester will be asked to present identification as stated in $1706.04(a)(2).

(c) Excluded information. If a request is received for information compiled in reasonable anticipation of litigation, the Privacy Act Officer will inform the requester that this information is not subject to release under the Privacy Act (see 5 U.S.C. 552a(d)(5)).

$ 1706.06 Appeals from access denials.

When access to records has been denied by the Privacy Act Officer, the requester may file an appeal in writing. This appeal should be directed to The Chairman. Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., suite 700, Washington, DC 20004. The appeal letter must (a) specify those deneed records which are still sought, and (b) state why the denial by the Privacy Act Officer is erroneous. The Chairman

peals within twenty working days after the appeal letter has been received in the Board's offices. The appeal determination will explain the basis for continuing to deny access to any requested records.

the records. During this call, the requester should be prepared to provide the same information as that listed in paragraph (a) of this section, except for proof of identification. 1705.06 Processing of requests.

(a) Requests in writing. The Privacy Act Officer will acknowledge receipt of the request within five working days of its receipt in the Board's offices. The acknowledgment will advise the requester If any additional information is needed to process the request. Within afteen working days of receipt of the request, the Privacy Act Officer will provide the requested information or will explain to the requester why additional time is needed for response.

(b) Requests in person. Following the initial call from the requester, the Privacy Act Officer will determine (1) whether the records identified by the requester exist, and (2) whether they

81706.07 Requests for correction of

records. (a) Correction requests. Any person is entitled to request correction of a record pertaining to him or her. This request must be made in writing and should be addressed to Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. The letter should clearly identify the corrections desired. An edited copy of the record will usually be acceptable for this purpose.

(b) Initial response. Receipt of a correction request will be acknowledged by the Privacy Act Officer in writing

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