§ 614.2 Grounds for closing meetings. ( a ) The National Science Board may by record vote close any portion of any meeting if it properly determines that an open meeting: ( 1 ) Is likely to disclose matters that ( i ) are specifically authorized under criteria established by Executive Order to be kept secret in the interests of national defense or foreign policy and
( ii ) are in fact properly classified pursuant to the Executive Order;
( 2 ) Is likely to relate solely to the internal personnel rules and practices of the National Science Foundation;
( 3 ) Is likely to disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C. 552): *Provided,* That the statute ( i ) requires in such a manner as to leave no discretion on the issue that the matters be withheld from the public, or
( ii ) establishes particular criteria for withholding or refers to particular types of matters to be withheld;
( 4 ) Is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;
( 5 ) Is likely to involve accusing any person of a crime, or formally censuring any person;
( 6 ) Is likely to disclose personal information where the disclosure would constitute a clearly unwarranted invasion of personal privacy;
( 7 ) Is likely to disclose investigatory law-enforcement records, or information which, if written, would be contained in such records, but only to the extent provided in 5 U.S.C. 552b(c)(7);
( 8 ) Is likely to disclose information 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 ) Is likely to disclose information, the premature disclosure of which would: ( i ) In the case of information received from an agency which regulates currencies, securities, commodities, or financial institutions, be likely to ( A ) lead to significant financial 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 Foundation action, unless the Foundation has already disclosed to the public the content or nature of its proposed action or is required by law to make such disclosure on its own initiative before taking final action; or
( 10 ) Is likely to specifically concern the Foundation's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration.
( b ) Anyone who believes his interests may be directly affected by a portion of a meeting may request that the Board close it to the public for any reason referred to in paragraph (a) (5), (6), or (7) of this section. The request should be addressed to the Executive Officer, National Science Board, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. It will be circulated to Members of the Board if received at least three full days before the meeting, and on motion of any Member the Board will determine by record vote whether to close the affected portion of the meeting.
[42 FR 14719, Mar. 16, 1977, as amended at 59 FR 37438, July 22, 1994]