
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25740-25741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11579]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 7

RIN 2105-AE62


Updates to Comply With the FOIA Improvement Act of 2016 and Other 
Technical Amendments; Final Rule; Correction

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Final rule; correction.

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SUMMARY: The Department of Transportation is correcting a final rule 
that appeared in the Federal Register on May 5, 2017. The document 
issued a final rule that made technical changes to the Department of 
Transportation's regulations prescribing procedures for the public 
availability of information.

DATES: This final rule is effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Claire McKenna, Senior Attorney, 
Office of the General Counsel, U.S. Department of Transportation, 
Washington, DC, at claire.mckenna@dot.gov or (202) 366-0365.

SUPPLEMENTARY INFORMATION: In FR Doc. 2017-08925 appearing on page 
21136 in the Federal Register on May 5, 2017, the following corrections 
are made:

I. Purpose of the Regulatory Action [Corrected]

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1. On page 21136, the last sentence of the third column stating, ``In 
section 7.23, the rule amends subparagraph (c)(5) to state that 
Exemption 5's deliberative process privilege only applies to records 
created 25 years or more before the date on which the records are 
requested, and the rule adds a new paragraph (d) to prohibit DOT from 
withholding information under this section unless DOT reasonably 
foresees that disclosure will harm an interest protected by a FOIA 
exemption, or the disclosure is prohibited by law'' is corrected to 
read, ``In section 7.23, the rule amends paragraph (c)(5) to state that 
Exemption 5's deliberative process privilege does not apply to records 
created 25 years or more before the date on which the records are 
requested, and the rule adds a new paragraph (d) to prohibit DOT from 
withholding information under this section unless DOT reasonably 
foresees that disclosure will harm an interest protected by a FOIA 
exemption, or the disclosure is prohibited by law.''


Sec.  7.23  [Corrected]

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2. On page 21139, in the first and second columns, amendatory 
instruction 4 and the amended text of Sec.  7.23 are corrected to read 
as follows:
0
4. Amend Sec.  7.23 as follows:
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a. Revise paragraph (c)(5);
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b. Redesignate paragraphs (d) and (e) as paragraphs (e) and (f) 
respectively; and
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c. Add new paragraph (d).
    The revision and addition read as follows:

[[Page 25741]]

Sec.  7.23   What limitations apply to disclosure?

* * * * *
    (c) * * *
    (5) Inter-agency or intra-agency memorandums or letters that would 
not be available by law to a party other than an agency in litigation 
with the agency, provided that the deliberative process privilege shall 
not apply to records created 25 years or more before the date on which 
the records were requested;
* * * * *
    (d) Application of exemptions. DOT shall withhold information 
pursuant to a statutory exemption only if:
    (1) DOT reasonably foresees that disclosure would harm an interest 
protected by an exemption under paragraph (c) of this section; or
    (2) Disclosure is prohibited by law or otherwise exempted from 
disclosure under paragraph (c)(3) of this section.
* * * * *

    Issued on: May 31, 2017.
Judith S. Kaleta,
Acting General Counsel.
[FR Doc. 2017-11579 Filed 6-2-17; 8:45 am]
 BILLING CODE 4910-9X-P


