§ 791.12 Exemptions. ( a ) Under the procedures specified in § 791.14, the Board may close a meeting or any portion of a meeting from public observation or may withhold information pertaining to such meetings provided the Board has properly determined that the public interest does not require otherwise and that the meeting (or any portion thereof) or the disclosure of meeting information is likely to: ( 1 ) Disclose matters that are: ( i ) Specifically authorized under criteria established by an Executive Order to be kept secret in the interests of national defense or foreign policy; and
( ii ) In fact properly classified pursuant to such Executive Order;
( 2 ) Relate solely to internal personnel rules and practices;
( 3 ) Disclose matters specifically exempted from disclosure by statute (other than section 552 of title 5 of the United States Code, the Freedom of Information Act), 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 ) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;
( 5 ) Involve accusing any person of a crime, or formally censuring any person;
( 6 ) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
( 7 ) Disclose investigatory records compiled for 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 a Federal 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;
( 8 ) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of Federal agencies responsible for the regulation or supervision of financial institutions;
( 9 ) Disclose information the premature disclosure of which would be likely to ( i ) ( A ) lead to significant speculation in currencies, securities, or commodities, or
( B ) significantly endanger the stability of any financial institution, or
( ii ) be likely to significantly frustrate implementation of a proposed action, except that this paragraph (a)(9) 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; or
( 10 ) Specifically concern the issuance of a subpoena, 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 of a particular case of formal agency adjudication pursuant to the procedures in section 554 of title 5 of the United States Code or otherwise involving a determination on the record after opportunity for a hearing.
( b ) Prior to closing a meeting whose discussions are likely to fall within the exemptions stated in paragraph (a) of this section, the Board will balance the public interest in observing the deliberations of an exemptible matter and the agency need for confidentiality of the exemptible matter. In weighing these interests, the Board is assisted by the General Counsel as provided in § 791.16, by expressions of the public interest set forth in requests for open meetings as provided by § 791.15(b), and by the brief staff analysis of public interest which will accompany each staff recommendation that an agenda item be considered in a closed meeting.
[53 FR 29647, Aug. 8, 1988, as amended at 75 FR 34623, June 18, 2010]