(a) In general. Subject to the application of the FOIA exemptions and exclusions (5 U.S.C. 552(b) and (c)), the Council shall, in conformance with 5 U.S.C. 552(a)(2), make available for public inspection in an electronic format, or, in the alternative, promptly publish and offer for sale:
- (1) Final opinions, including concurring and dissenting opinions, and orders, made in the adjudication of cases;
- (2) Those statements of policy and interpretations which have been adopted by the Council but which are not published in the Federal Register;
- (3) Its administrative staff manuals and instructions to staff that affect a member of the public;
- (4) Copies of all records, regardless of form or format, that have been released previously to any person under 5 U.S.C. 552(a)(3) and §§ 1301.5 through 1301.12, and that the Council determines have become or are likely to become the subject of subsequent requests for substantially the same records. When the Council receives three (3) or more requests for substantially the same records, then the Council shall place those requests in front of any existing processing backlog and make the released records available in the Council's public reading room and in the electronic reading room on the Council's Web site.
- (5) A general index of the records referred to in paragraph (a)(4) of this section.