49 C.F.R. § 801.54 Interagency and intra-agency exchanges.
Title 49 - Transportation
(a) Any record prepared by a Board employee for internal Government use is within the statutory exemption to the extent that it contains— (1) Opinions made in the course of developing official action by the Board but not actually made a part of that official action, or (2) Information concerning any pending Board proceeding, or similar matter, including any claim or other dispute to be resolved before a court of law, administrative board, hearing officer, or contracting officer. (b) The purpose of this section is to protect the full and frank exchange of ideas, views, and opinions necessary for the effective functioning of the Government. These resources must be fully and readily available to those officials upon whom the responsibility rests to take official Board action. Its purpose is also to protect against the premature disclosure of material that is in the developmental stage, if premature disclosure would be detrimental to the authorized and appropriate purposes for which the material is being used, or if, because of its tentative nature, the material is likely to be revised or modified before it is officially presented to the public. (c) Examples of materials covered by this section include staff papers containing advice, opinions, or suggestions preliminary to a decision or action; advance information on such things as proposed plans to procure, lease, or otherwise hire and dispose of materials, real estate, or facilities; documents exchanged preparatory to anticipated legal proceedings; material intended for public release at a specified future time, if premature disclosure would be detrimental to orderly processes of the Board; records of inspections, investigations, and surveys pertaining to internal management of the Board; and matters that would not be routinely disclosed in litigation but which are likely to be the subject of litigation.
Title 49: Transportation
PART 801—PUBLIC AVAILABILITY OF INFORMATION
Subpart F—Exemption From Public Disclosure
§ 801.54 Interagency and intra-agency exchanges.
