[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Pages 63236-63238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18073]


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INTER-AMERICAN FOUNDATION

22 CFR Part 1004


Rules for Implementing Open Meetings Within the Inter-American 
Foundation

AGENCY: Inter-American Foundation.

ACTION: Final rule; clarifying amendments.

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SUMMARY: The Inter-American Foundation (IAF) is re-issuing and updating 
its rules for implementing open meetings, in accordance with 5 U.S.C. 
552b. This rule promotes public understanding of the decisionmaking 
processes of the IAF, while protecting the rights of individuals and 
the ability of the agency to carry out its responsibilities. This 
action is technical and procedural in nature and is intended to provide 
accuracy and clarity to the agency's existing regulations.

DATES: Effective Date: October 30, 2006.

FOR FURTHER INFORMATION CONTACT: Rebecca Verreau, Office of the General 
Counsel, 901 N. Stuart St., 10th Floor, Arlington, VA 22203, 
[email protected] or (703) 306-4301.

SUPPLEMENTARY INFORMATION:

I. Background

    The Inter-American Foundation (IAF) is updating its rules for 
implementing open meetings, in accordance with 5 U.S.C. 552b. This 
final rule amends and updates existing IAF regulations in conformance 
with 5 U.S.C. 552b.

II. Rulemaking Analyses and Notices

    Because the amendments made by this document relate to management, 
organization, procedure, and practice, prior notice and opportunity for 
comment are unnecessary under 5 U.S.C. 553(b)(3)(A). In addition, prior 
notice and opportunity for comment are unnecessary pursuant to 5 U.S.C. 
553(b)(3)(B) because the process of amending and updating the sections 
is merely technical and procedural in nature and proposes no 
substantive changes to which public comment could be solicited.
    This final rule is made effective upon publication in the Federal 
Register. The IAF finds that good cause exists for this final rule to 
be exempt from the 30-day delayed effective date requirement of 5 
U.S.C. 553(d) because a delay in effective date is unnecessary and 
would not be in the public interest.

III. Statutory and Executive Order Reviews

A. Executive Order 12866 (Regulatory Planning and Review)

    The IAF has determined this action does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866. Therefore, this rule has not been reviewed by the Office of 
Management and Budget (OMB). We anticipate the economic impact of this 
rulemaking will be so minimal that a full regulatory evaluation is 
unnecessary.

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), as amended by the Small Business Regulatory Enforcement and 
Fairness Act (Pub. L. 104-121), we have evaluated the effects of this 
rule on small entities. Based on this evaluation, the IAF hereby 
certifies this action will not have a significant economic impact on a 
substantial number of small entities. No substantive changes are being 
made to the regulations that would affect small entities.

C. Unfunded Mandates Reform Act of 1995

    The IAF has determined that the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 2 U.S.C. 1532) do 
not apply to this rulemaking.

D. Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this rulemaking.

E. Executive Order 13132 (Federalism Assessment)

    The IAF has analyzed this action in accordance with the principles 
and criteria contained in Executive Order 13132 published at 64 FR 
43255 (Aug. 10, 1999). The regulations amended and updated by the IAF 
herein do not preempt State authority or jurisdiction, or establish any 
conflicts with existing State roles. The IAF has therefore determined 
this rule does not have sufficient federalism implications to warrant 
the preparation of a federalism assessment.

F. Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

G. Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

H. Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of

[[Page 63237]]

information they conduct, sponsor, or require through regulations. This 
rule contains no collection of information requirements and was not 
reviewed by OMB.

I. National Environmental Policy Act

    The IAF has analyzed this rule under the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and determined that 
this rule has no environmental effects because it amends and updates 
regulations that are technical, editorial or procedural in nature and 
is therefore excluded further environmental documentation. In addition, 
the agency finds this action includes no extraordinary circumstances 
that would have any effect on the quality of the environment. Thus, the 
action does not require an environmental assessment or environmental 
impact statement.

List of Subjects in 22 CFR Part 1004

    Government in the Sunshine Act.


0
Accordingly, 22 CFR part 1004 is revised to read as follows:

PART 1004--RULES FOR IMPLEMENTING OPEN MEETINGS WITHIN THE INTER-
AMERICAN FOUNDATION

Sec.
1004.1 General policies.
1004.2 Definitions.
1004.3 Requirement of open meetings.
1004.4 Grounds on which meetings may be closed.
1004.5 Procedures for announcing meetings.
1004.6 Procedures for closing meetings.
1004.7 Reconsideration of opening or closing of meeting.
1004.8 Transcripts, recording of closed meeting.

    Authority: 5 U.S.C. 552b.


Sec.  1004.1  General policies.

    The Inter-American Foundation (IAF) will, in accordance with the 
Government in the Sunshine Act, 5 U.S.C. 552b, provide the public with 
the fullest practical information regarding its decisionmaking 
processes while protecting the rights of individuals and its ability to 
carry out its responsibilities.


Sec.  1004.2  Definitions.

    The following definitions apply:
    (a) Agency includes any executive department, military department, 
government corporation, government controlled corporation other 
establishment in the executive branch of the government (including the 
Executive Office of the President) or any independent regulatory 
agency, and is headed by a collegial body composed of two or more 
individual members, a majority of whom are appointed to such position 
by the President with the advice and consent of the Senate, and any 
subdivision thereof authorized to act on behalf of the agency. The 
Inter-American Foundation is a government corporation headed by a nine-
member Board of Directors, all of whom are appointed by the President 
with the advice and consent of the Senate, and is therefore an 
``agency'' under these terms.
    (b) Meeting means the deliberation of this Board of Directors where 
such deliberation determines or results in the joint conduct or 
disposition of official IAF business, but does not include 
deliberations required or permitted by subsection 1004.6 or 1004.7.
    (c) Member means an individual who belongs to the IAF Board of 
Directors.
    (d) Public Observation means attendance at any meeting but does not 
include participation, or attempted participation, in such meeting in 
any matter.


Sec.  1004.3  Requirement of open meetings.

    Members shall not jointly conduct or dispose of agency business 
other than in accordance with this section. Except as provided in Sec.  
1004.4 every portion of every meeting of the agency shall be open to 
public observation.


Sec.  1004.4  Grounds on which meetings may be closed.

    The IAF shall open every portion of every meeting of the agency for 
public observation. Except in a case where the agency finds that the 
public interest requires otherwise, this requirement does not apply 
where the agency determines that such portion or portions of its 
meeting 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;
    (b) Relate solely to the internal personnel rules and practice of 
the agency;
    (c) Disclose matters specifically exempted from disclosure by 
statute, provided that such statute:
    (1) Requires that the matters be withheld from the public in such 
manner as to have no discretion on the issue, or
    (2) Establishes practical criteria for withholding or refers to 
particular types of matters to be withheld;
    (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;
    (f) Disclose information of a personal nature where disclosure 
would constitute a clearly unwarranted invasion of personal privacy;
    (g) 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 of 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, information furnished by 
a confidential source,
    (5) Disclose investigative techniques and procedures, or
    (6) Endanger the life or physical safety of law enforcement 
personnel;
    (h) 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;
    (i) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed agency 
action. This shall not apply in any instance where the IAF has already 
disclosed to the public the content or nature of its proposed action or 
where the IAF is required by law to make such disclosure of its own 
initiative prior to taking final IAF action on such proposal;
    (j) Specifically concern the IAF's issuance of subpoena, or the 
IAF'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 IAF of a particular case of 
formal agency adjudication pursuant to the procedures in section 554 of 
this title or otherwise involving a determination on the record after 
opportunity for a hearing.


    Note to Sec.  1004.4: The requirements of Sec. Sec.  1004.5 and 
1004.6 shall not apply to any information pertaining to those 
meetings exempted under this section.


[[Page 63238]]




Sec.  1004.5  Procedures for announcing meetings.

    (a) In the case of each meeting, the IAF shall make public, at 
least one week before the meeting, of the time, place and subject 
matter of the meeting, whether it is to be open or closed to the 
public, and the name and phone number of the official designated by the 
IAF to respond to requests for information about the meeting. Such 
announcement shall be made unless a majority of the Board of Directors 
of the IAF determines by a recorded vote that the IAF requires that 
such a meeting be called at an earlier date, in which case the IAF 
shall make public announcement of the time, place and subject matter of 
such meeting and whether open or closed to the public, at the earliest 
practical time.
    (b) Immediately following the public announcement, the IAF will 
submit notice for publication in the Federal Register.
    (c) The IAF shall also make public the announcement by other 
reasonable means, accessible to the public.


Sec.  1004.6  Procedures for closing meetings.

    (a) The closing of a meeting or a portion of a meeting shall occur 
only when:
    (1) A majority of the membership of the IAF Board votes to take 
such action. That vote shall determine whether or not any portion or 
portions of a meeting or portions of a series of meetings may be closed 
to public observation for any of the reasons provided in Sec.  1004.4 
and whether or not the public interest nevertheless requires that 
portion of the meeting or meetings remain open. A single vote may be 
taken 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 matters and is scheduled to 
be held no more than thirty days after the initial meeting in such 
series. The vote of each Board member participating in such vote shall 
be recorded and no proxies shall be allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the IAF close such portion to the 
public for any of the reasons referred to in Sec.  1004.4 the IAF, upon 
request of any one of its Board members, shall take a recorded vote, 
whether to close such portion of the meeting.
    (b) Within one day of any vote taken pursuant to this Section, the 
IAF shall make publicly available a written copy of such vote 
reflecting the vote of each member on the question and full written 
explanation of its action closing the entire or portion of the meeting 
together with a list of persons expecting to attend the meeting and 
their affiliation.
    (c) The IAF shall, subject to change, announce the time, place and 
subject matter of the meeting at least 7 days before the meeting.
    (d) For every closed meeting pursuant to Sec.  1004.4, the General 
Counsel of the IAF shall publicly certify prior to a Board of 
Directors' vote on closing the meeting, that, in his or her opinion, 
the meeting may be closed to the public and shall state each relevant 
exemptive provision. A copy of such certification, together with a 
statement from the presiding officer of the meeting setting forth the 
time and place of the meeting, and the persons present, shall be 
retained by the IAF.


Sec.  1004.7  Reconsideration of opening or closing of meeting.

    The time or place of a Board meeting may be changed, without vote, 
following public announcement. The IAF will announce any such change at 
the earliest practicable time. The subject matter of a meeting, or the 
determination of the agency to open or close a meeting, or portion of a 
meeting, to the public, may be changed only if a majority of the Board 
of Directors determines by a recorded vote that IAF business so 
requires and that no earlier announcement of the change was possible, 
and the IAF publicly announces such change and the vote of each member 
upon such change at the earliest practicable time.


Sec.  1004.8  Transcripts, recording of closed meetings.

    (a) The IAF shall maintain a complete transcript or electronic 
recording adequate to record fully the proceedings of each meeting, or 
portion of a meeting, closed to the public, except that in the case of 
a meeting, or portion of a meeting, closed to the public pursuant to 
paragraph (d), (h), or (j) of Sec.  1004.4, the IAF shall maintain 
either such a transcript or recording, or a set of minutes. Such 
records shall fully and clearly describe all matters discussed and 
shall provide a full and accurate summary of any actions taken, and the 
reasons therefore, including a description of each of the views 
expressed on any item and the record of any roll call vote (reflecting 
the vote of each member on the question). All documents considered in 
connection with any action shall be identified in such records.
    (b) The IAF, after review by the General Counsel shall make 
promptly available to the public, in a place easily accessible to the 
public, the transcript or electronic recording or minutes of the 
discussion of any time on the agenda, or any item of the testimony of 
any witness received at the Board meeting, except for such item or 
items of such discussion or testimony as the IAF determines to contain 
information which may be withheld under Sec.  1004.4. Copies of such 
transcript, or a transcription of such recording disclosing the 
identity of each speaker, shall be furnished to any person at the 
actual cost of duplication or transcription. The IAF shall maintain a 
complete verbatim copy of the transcript, a complete copy of the 
minutes or a complete electronic recording of each meeting, or portion 
of a meeting, closed to the public, for a period of at least two years 
after such meeting, or until one year after the conclusion or any IAF 
proceedings with respect to which the meeting or portion was held, 
whichever occurs later.

    Dated: October 13, 2006.
Jennifer R. Hodges,
General Counsel.
[FR Doc. E6-18073 Filed 10-27-06; 8:45 am]
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