[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR801.54]

[Page 130]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 801_PUBLIC AVAILABILITY OF INFORMATION--Table of Contents
 
               Subpart F_Exemption From Public Disclosure
 
Sec.  801.54  Interagency and intra-agency exchanges.

    (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.