[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Rules and Regulations]
[Page 10755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4317]



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  Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / 
Rules and Regulations  

[[Page 10755]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1206


Practices and Procedures, Board Meetings

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is 
amending its open meeting regulations to ensure consistency with the 
Government in the Sunshine Act.

DATES: The effective date of this final rule is February 28, 2011.

FOR FURTHER INFORMATION CONTACT: William D. Spencer, Clerk of the 
Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, 
DC 20419; (202) 653-7200, fax: (202) 653-7130, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On November 18, 2010, the Board published a 
proposed rule in which several proposed amendments to 5 CFR 1206.7 were 
set forth (75 FR 70617). Interested parties were invited to submit 
comments. No comments were received. This final rule implements the 
changes to 5 CFR 1206.7 offered in the Proposed Rule without 
alteration.

The Final Rule

    This final rule makes several amendments to 5 CFR 1206.7. The 
heading for Sec.  1206.7 is revised to more fully advise the reader of 
matters addressed therein. Paragraph (a)(1) is added to make clear that 
the Board may, instead of maintaining a transcript or electronic 
recording, maintain a set of minutes of a meeting closed pursuant to 
section (10) of 5 U.S.C. 552b(c). This revised section also sets forth 
the information that must be included in a set of minutes. Paragraph 
(a)(2) states the Board's responsibility to promptly make available to 
the public copies of transcripts, recordings, or minutes of closed 
meetings, except where the Board determines that such information may 
be withheld pursuant to 5 U.S.C. 552b(c). Paragraph (a)(3) addresses 
the Board's responsibility to retain copies of transcripts, recordings, 
or minutes of closed meetings. Paragraph (b) of 5 CFR 1206.7 is 
unchanged by this final rule.

List of Subjects in 5 CFR Part 1206

    Administrative practice and procedure, Board meetings.

    Accordingly, the Board amends 5 CFR part 1206 as follows:

PART 1206--[AMENDED]

0
1. The authority citation for 5 CFR part 1206 continues to read:

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


0
2. Revise Sec.  1206.7 to read as follows:


Sec.  1206.7  Transcripts, recordings, or minutes of open and closed 
meetings; public availability; retention.

    (a) Closed Meetings. (1) For every meeting, or portion thereof, 
closed pursuant to this part the presiding officer shall prepare a 
statement setting forth the time and place of the meeting and the 
persons present, which statement shall be retained by the Board. For 
each such meeting, or portion thereof, the Board shall maintain a copy 
of the General Counsel's certification under Sec.  1206.6(b) of this 
part, a statement from the presiding official specifying the time and 
place of the meeting and naming the persons present, a record (which 
may be part of the transcript) of all votes and all documents 
considered at the meeting, and a complete transcript or electronic 
recording of the proceedings, except that for meetings or portions of 
meetings closed pursuant to section (10) of 5 U.S.C. 552b(c), the Board 
may maintain either a transcript, electronic recording, or a set of 
minutes. In lieu of a transcript or electronic recording, a set of 
minutes shall fully and accurately summarize any action taken, the 
reasons therefore and views thereon, documents considered and the 
members' vote on each roll call vote, if any.
    (2) The Board shall make promptly available to the public copies of 
transcripts, recordings, or minutes maintained as provided in 
accordance with this paragraph (a), except to the extent the items 
therein contain information which the Board determines may be withheld 
pursuant to the provisions of 5 U.S.C. 552b(c). Copies of transcripts 
or minutes, or transcriptions of electronic recordings including the 
identification of speakers, shall to the extent determined to be 
publicly available, be furnished to any person, subject to the payment 
of duplication costs or the actual cost of transcription.
    (3) 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 portion of a meeting, closed to the 
public, for a period of at least two (2) years after such meeting or 
until one (1) year after the conclusion of any Board proceeding with 
respect to which the meeting or portion was held whichever occurs 
later.
    (b) Open Meetings. Transcripts or other records will be made of all 
open meetings of the Board. Those records will be made available upon 
request at a fee representing the Board's actual cost of making them 
available.

William D. Spencer,
Clerk of the Board.
[FR Doc. 2011-4317 Filed 2-25-11; 8:45 am]
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