82 FR 25740 - Updates to Comply With the FOIA Improvement Act of 2016 and Other Technical Amendments; Final Rule; Correction

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range		25740-25741
FR Document		2017-11579

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.

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25740-25741]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 [email protected] 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]

0
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]

0
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:
0
a. Revise paragraph (c)(5);
0
b. Redesignate paragraphs (d) and (e) as paragraphs (e) and (f) 
respectively; and
0
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

25740 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations

Date certain
Federal
Community Effective date authorization/cancellation of Current effective
State and location assistance no
No. sale of flood insurance in community map date longer available
in SFHAs

Region V
Indiana:
Salem, City of, Washington County ...... 180279 May 5, 1972, Emerg; August 15, 1978, June 21, 2017 .. June 21, 2017
Reg; June 21, 2017, Susp.
Washington County, Unincorporated 180446 July 30, 1996, Emerg; N/A, Reg; June 21, ......do * ............. Do.
Areas. 2017, Susp.
Region VII
Iowa:
Earlham, City of, Madison County ........ 190570 September 6, 1977, Emerg; September 30, ......do ............... Do.
1988, Reg; June 21, 2017, Susp.
Madison County, Unincorporated Areas 190887 September 10, 1993, Emerg; September 1, ......do ............... Do.
1996, Reg; June 21, 2017, Susp.
Patterson, City of, Madison County ...... 190451 March 27, 1979, Emerg; January 1, 1987, ......do ............... Do.
Reg; June 21, 2017, Susp.
St. Charles, City of, Madison County .... 190802 August 16, 2010, Emerg; October 6, 2010, ......do ............... Do.
Reg; June 21, 2017, Susp.
Winterset, City of, Madison County ....... 190944 April 24, 1992, Emerg; May 3, 1993, Reg; ......do ............... Do.
June 21, 2017, Susp.
Region VIII
North Dakota: Foster County, Unincor- 380696 March 26, 1997, Emerg; May 4, 1998, Reg; ......do ............... Do.
porated Areas. June 21, 2017, Susp.
Region IX
California:
Arcata, City of, Humboldt County .......... 060061 May 29, 1975, Emerg; May 2, 1983, Reg; ......do ............... Do.
June 21, 2017, Susp.
Eureka, City of, Humboldt County ......... 060062 June 9, 1975, Emerg; June 1, 1982 Reg; ......do ............... Do.
June 21, 2017, Susp.
Humboldt County, Unincorporated 060060 September 11, 1974, Emerg; July 19, 1982, ......do ............... Do.
Areas. Reg; June 21, 2017, Susp.
-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: May 23, 2017. final rule that made technical changes to foresees that disclosure will harm an
Michael M. Grimm, the Department of Transportation’s interest protected by a FOIA exemption,
Assistant Administrator for Mitigation, regulations prescribing procedures for or the disclosure is prohibited by law’’
Federal Insurance and Mitigation the public availability of information. is corrected to read, ‘‘In section 7.23, the
Administration, Department of Homeland DATES: This final rule is effective June rule amends paragraph (c)(5) to state
Security, Federal Emergency Management 5, 2017. that Exemption 5’s deliberative process
Agency. privilege does not apply to records
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–11485 Filed 6–2–17; 8:45 am] created 25 years or more before the date
Claire McKenna, Senior Attorney, Office
BILLING CODE 9110–12–P
of the General Counsel, U.S. Department on which the records are requested, and
of Transportation, Washington, DC, at the rule adds a new paragraph (d) to
claire.mckenna@dot.gov or (202) 366– prohibit DOT from withholding
DEPARTMENT OF TRANSPORTATION 0365. information under this section unless
DOT reasonably foresees that disclosure
Office of the Secretary SUPPLEMENTARY INFORMATION: In FR Doc. will harm an interest protected by a
2017–08925 appearing on page 21136 in FOIA exemption, or the disclosure is
49 CFR Part 7 the Federal Register on May 5, 2017, the prohibited by law.’’
following corrections are made:
RIN 2105–AE62 § 7.23 [Corrected]
I. Purpose of the Regulatory Action
Updates to Comply With the FOIA [Corrected] ■ 2. On page 21139, in the first and
Improvement Act of 2016 and Other second columns, amendatory
■ 1. On page 21136, the last sentence of instruction 4 and the amended text of
Technical Amendments; Final Rule;
the third column stating, ‘‘In section § 7.23 are corrected to read as follows:
Correction
7.23, the rule amends subparagraph ■ 4. Amend § 7.23 as follows:
AGENCY: Office of the Secretary (OST), (c)(5) to state that Exemption 5’s
■ a. Revise paragraph (c)(5);
deliberative process privilege only
nlaroche on DSK30NT082PROD with RULES

Department of Transportation (DOT).
applies to records created 25 years or ■ b. Redesignate paragraphs (d) and (e)
ACTION: Final rule; correction.
more before the date on which the as paragraphs (e) and (f) respectively;
SUMMARY: The Department of records are requested, and the rule adds and
Transportation is correcting a final rule a new paragraph (d) to prohibit DOT ■ c. Add new paragraph (d).
that appeared in the Federal Register on from withholding information under The revision and addition read as
May 5, 2017. The document issued a this section unless DOT reasonably follows:

VerDate Sep<11>2014 15:57 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\05JNR1.SGM 05JNR1

$Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations 25741 § 7.23 What limitations apply to created 25 years or more before the date (2) Disclosure is prohibited by law or disclosure? on which the records were requested; otherwise exempted from disclosure * * * * * * * * * * under paragraph (c)(3) of this section. (c) * * * (d) Application of exemptions. DOT * * * * * (5) Inter-agency or intra-agency shall withhold information pursuant to Issued on: May 31, 2017. memorandums or letters that would not a statutory exemption only if: be available by law to a party other than (1) DOT reasonably foresees that Judith S. Kaleta, an agency in litigation with the agency, disclosure would harm an interest Acting General Counsel. provided that the deliberative process protected by an exemption under [FR Doc. 2017–11579 Filed 6–2–17; 8:45 am] privilege shall not apply to records paragraph (c) of this section; or BILLING CODE 4910–9X–P nlaroche on DSK30NT082PROD with RULES VerDate Sep<11>2014 13:56 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 E:\FR\FM\05JNR1.SGM 05JNR1$

Document Created: 2018-11-14 10:00:41
Document Modified: 2018-11-14 10:00:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		This final rule is effective June 5, 2017.
Contact		Claire McKenna, Senior Attorney, Office of the General Counsel, U.S. Department of Transportation, Washington, DC, at [email protected] or (202) 366-0365.
FR Citation		82 FR 25740
RIN Number		2105-AE62

82 FR 25740 - Updates to Comply With the FOIA Improvement Act of 2016 and Other Technical Amendments; Final Rule; Correction

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary

Federal Register Volume 82, Issue 106 (June 5, 2017)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary