DOT 49 CFR PART 701-2010 AMTRAK FREEDOM OF INFORMATION ACT PROGRAM.pdf

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1、517 Natl Railroad Passenger Corp. (AMTRAK) 701.2 Guide, which is available by subscrip-tion from its publisher at 424 West 33rd Street, New York, New York 10001. A copy of the guide can usually be found at each staffed Amtrak station, and at the offices of travel agents authorized to sell Amtrak tic

2、kets. Tariff changes which occur between issues of the Guide are published and widely distrib-uted by Amtrak pending their publica-tion in the next issue of the Guide. (e) Each of the documents described in paragraphs (b) through (d) of this section is available to the public for in-spection during

3、regular business hours at the office of Amtraks Freedom of Information Office at its headquarters at 400 North Capitol Street, NW., Wash-ington, DC 20001, and at the office of the Division Manager, Human Re-sources, in New Haven, Philadelphia, Baltimore, New York, Los Angeles and Chicago. Each docum

4、ent has its own index. Since each index is useful only in connection with the document to which it pertains, and since requests for indices are uncommon, Amtrak has determined that publication of its indi-ces as described in 5 U.S.C. 552(a)(2) would be unnecessary and impracti-cable. PART 701AMTRAK

5、FREEDOM OF INFORMATION ACT PROGRAM Sec. 701.1 General provisions. 701.2 Definitions. 701.3 Policy. 701.4 Amtrak public information. 701.5 Requirements for making requests. 701.6 Release and processing procedures. 701.7 Timing of responses to requests. 701.8 Responses to requests. 701.9 Business info

6、rmation. 701.10 Appeals. 701.11 Fees. 701.12 Other rights and services. AUTHORITY: 5 U.S.C. 552; 49 U.S.C. 24301(e). SOURCE: 63 FR 7311, Feb. 13, 1998, unless otherwise noted. 701.1 General provisions. This part contains the rules that the National Railroad Passenger Corpora-tion (Amtrak) follows in

7、 processing requests for records under the Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552. In-formation routinely provided to the public (i.e., train timetables, press re-leases) may be obtained without fol-lowing Amtraks FOIA procedures. As a matter of policy, Amt

8、rak may make discretionary disclosures of records or information exempt under the FOIA whenever disclosure would not foreseeably harm an interest protected by an FOIA exemption; however, this policy does not create any right en-forceable in court. 701.2 Definitions. Unless the context requires other

9、wise in this part, masculine pronouns in-clude the feminine gender and in-cludes means includes but is not lim-ited to. (a) Amtrak or Corporation means the National Railroad Passenger Corpora-tion. (b) Appeal means a request submitted to the President of Amtrak or designee for review of an adverse i

10、nitial deter-mination. (c) Business days means working days; Saturdays, Sundays, and legal public holidays are excluded in com-puting response time for processing FOIA requests. (d) Disclose or disclosure means mak-ing records available for examination or copying, or furnishing a copy of non-exempt

11、responsive records. (e) Electronic data means records and information (including E-mail) that are created, stored, and retrievable by electronic means. (f) Exempt information means informa-tion that is exempt from disclosure under one or more of the nine exemp-tions to the FOIA. (g) Final determinat

12、ion means a deci-sion by the President of Amtrak or des-ignee concerning a request for review of an adverse initial determination re-ceived in response to an FOIA request. (h) Freedom of Information Act or FOIA means the statute as codified in section 552 of Title 5 of the United States Code as amen

13、ded. (i) Freedom of Information Officer means the Amtrak official designated to fulfill the responsibilities of imple-menting and administering the Free-dom of Information Act as specifically designated under this part. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00527 Fmt 8010 Sfmt 8

14、010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-518 49 CFR Ch. VII (10110 Edition) 701.3 (j) Initial determination means a deci-sion by an Amtrak FOIA Officer in re-sponse to a request for

15、information under the FOIA. (k) Pages means paper copies of standard office size or the cost equiva-lent in other media. (l) President means the President and Chief Executive Officer (CEO) of the National Railroad Passenger Corpora-tion (Amtrak) or designee. (m) Record means any writing, draw-ing, m

16、ap, recording, tape, film, photo-graph, or other documentary material by which information is preserved in any format, including electronic for-mat. A record must exist and be in the possession and control of Amtrak at the time of the request to be subject to this part and the FOIA. The following ar

17、e not included within the definition of the word record: (1) Library materials compiled for reference purposes or objects of sub-stantial intrinsic value. (2) Routing and transmittal sheets, notes, and filing notes which do not also include information, comments, or statements of substance. (3) Anyt

18、hing that is not a tangible or documentary record such as an individ-uals memory or oral communication. (4) Objects or articles, whatever their historical or value as evidence. (n) Request means any request for records made pursuant to 5 U.S.C. 552(a)(3). (o) Requester or requesting party means any

19、person who has submitted a re-quest to Amtrak. (p) Responsive records means docu-ments determined to be within the scope of a FOIA request. 701.3 Policy. (a) Amtrak will make records of the Corporation available to the public to the greatest practicable extent in keeping with the spirit of the law.

20、Therefore, records of the Corporation are available for public inspection and copying as provided in this part with the exception of those that the Cor-poration specifically determines should not be disclosed either in the public in-terest, for the protection of private rights, or for the efficient

21、conduct of public or corporate business, but only to the extent withholding is permitted by law. (b) A record of the Corporation, or parts thereof, may be withheld from disclosure if it comes under one or more exemptions in 5 U.S.C. 552(b) or is otherwise exempted by law. Disclosure to a properly co

22、nstituted advisory committee, to Congress, or to federal agencies does not waive the exemption. (c) In the event one or more exemp-tions apply to a record, any reasonably segregable portion of the record will be made available to the requesting per-son after deletion of the exempt por-tions. The ent

23、ire record may be with-held if a determination is made that nonexempt material is so inextricably intertwined that disclosure would leave only essentially meaningless words or phrases, or when it can be reasonably assumed that a skillful and knowledge-able person could reconstruct the de-leted infor

24、mation. (d) The procedures in this part apply only to records in existence at the time of a request. The Corporation has no obligation to create a record solely for the purpose of making it available under the FOIA or to provide a record that will be created in the future. (e) Each officer and emplo

25、yee of the Corporation dealing with FOIA re-quests is directed to cooperate in mak-ing records available for disclosure under the Act in a prompt manner con-sistent with this part. (f) The FOIA time limits will not begin to run until a request has been identified as being made under the Act and deem

26、ed received by the Freedom of Information Office. (g) Generally, when a member of the public complies with the procedures es-tablished in this part for obtaining records under the FOIA, the request shall receive prompt attention, and a response shall be made within twenty business days. 701.4 Amtrak

27、 public information. (a) Public reading room. Amtrak main-tains a public reading room at its head-quarters at 60 Massachusetts Avenue, N.E. in Washington, D.C. The public reading room contains records required under the FOIA to be regularly avail-able for public inspection and copying. A current sub

28、ject-matter index shall be VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-519 Natl Railroad Passenger Corp.

29、(AMTRAK) 701.5 maintained of records in the public reading room that are available for in-spection and copying. The index shall be updated at least quarterly with re-spect to newly included records. A copy of the index shall be provided upon re-quest at a cost not to exceed the direct cost of duplic

30、ation. (b) Electronic reading room. Amtrak will make available electronically reading room records created by the Corporation on or after November 1, 1996 on its World Wide Web site which can be accessed at http:/ www.A. An index of the Cor-porations reading room records will also be made available

31、at the web site. The index will indicate reading room records that are available electroni-cally. (c) Frequently requested information. The FOIA requires that copies of records, regardless of form or format, released pursuant to a FOIA request under 5 U.S.C. 552(a)(3) that have be-come or are likely

32、 to become the sub-ject of subsequent requests for substan-tially the same records be made pub-licly available. Such records created by the Corporation after November 1, 1996 will be made available electronically while records created prior to this date will be made available for inspection and copy

33、ing in Amtraks public reading room. (1) Amtrak shall decide on a case-by- case basis whether records fall into the category of frequently requested FOIA records based on the following factors: (i) Previous experience with similar records; (ii) The nature and type of informa-tion contained in the rec

34、ords; (iii) The identity and number of re-questers and whether there is wide-spread media or commercial interest in the records. (2) The provision in this paragraph is intended for situations where public access in a timely manner is impor-tant. It is not intended to apply where there may be a limit

35、ed number of re-quests over a short period of time from a few requesters. Amtrak may remove the records from this category when it is determined that access is no longer necessary. (d) Guide for making requests. A guide on how to use the FOIA for requesting records from Amtrak shall be made availabl

36、e to the public upon request. Amtraks major information systems will be described in the guide. 701.5 Requirements for making re-quests. (a) General requirements. (1) A FOIA request can be made by any person as defined in 5 U.S.C. 551(2), which en-compasses individuals (including for-eign citizens;

37、partnerships; corpora-tions; associations; and local, state, tribal, and foreign governments). A FOIA request may not be made by a Federal agency. (2) A request must be in writing, indi-cate that it is being made under the FOIA and provide an adequate descrip-tion of the records sought. The request

38、should also include applicable informa-tion regarding fees as specified in para-graphs (d) and (e) of this section. (b) How to submit a request. (1) A re-quest must clearly state on the enve-lope and in the letter that it is a Free-dom of Information Act or FOIA re-quest. (2) The request must be add

39、ressed to the Freedom of Information Office; Na-tional Railroad Passenger Corporation; 60 Massachusetts Avenue, N.E.; Wash-ington, D.C. 20002. Requests will also be accepted by facsimile at (202) 9062169. Amtrak cannot assure that a timely or satisfactory response under this part will be given to wr

40、itten requests ad-dressed to Amtrak offices, officers, or employees other than the Freedom of Information Office. Amtrak employees receiving a communication in the na-ture of a FOIA request shall forward it to the FOIA Office expeditiously. Am-trak shall advise the requesting party of the date that

41、an improperly ad-dressed request is received by the FOIA Office. (c) Content of the request(1) Descrip-tion of records. Identification of records sought under the FOIA is the responsi-bility of the requester. The records sought should be described in sufficient detail so that Amtrak personnel can lo

42、-cate them with a reasonable amount of effort. When possible, the request should include specific information VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00529 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or n

43、etworking permitted without license from IHS-,-,-520 49 CFR Ch. VII (10110 Edition) 701.6 such as dates, title or name, author, re-cipient, subject matter of the record, file designation or number, or other pertinent details for each record or cat-egory of records sought. (2) Reformulation of a requ

44、est. Amtrak is not obligated to act on a request until the requester provides sufficient information to locate the record. Am-trak may offer assistance in identi-fying records and reformulating a re-quest where: the description is consid-ered insufficient, the production of vo-luminous records is re

45、quired, or a con-siderable number of work hours would be required that would interfere with the business of the Corporation. The Freedom of Information Office shall notify the requester within ten busi-ness days of the type of information that will facilitate the search. The re-questing party shall

46、be given an oppor-tunity to supply additional informa-tion and may submit a revised request, which will be treated as a new request. (d) Payment of fees. The submission of a FOIA request constitutes an agree-ment to pay applicable fees accessed up to $25.00 unless the requesting party specifies a wi

47、llingness to pay a greater or lesser amount or seeks a fee waiver or reduction in fees. (1) Fees in excess of $25.00. When Am-trak determines or estimates that ap-plicable fees are likely to exceed $25.00, the requesting party shall be notified of estimated or actual fees, unless a commitment has be

48、en made in advance to pay all fees. If only a portion of the fee can be estimated readily, Amtrak shall advise the requester that the esti-mated fee may be a portion of the total fee. (i) In order to protect requesters from large and/or unexpected fees, Am-trak will request a specific commit-ment wh

49、en it estimates or determines that fees will exceed $100.00. (ii) A request shall not be considered received, and further processing carried out until the requesting party agrees to pay the anticipated total fee. Any such agreement must be memorialized in writing. A notice under this para-graph will offer the requesting party an opportunity to discuss the matter in order to reformulate the request to meet the requesters needs a