49 CFR Part 701 — Amtrak Freedom of Information Act Program

Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM Authority: 5 U.S.C. 552; 49 U.S.C. 24301(e). Source: 82 FR 9683, Feb. 8, 2017, unless otherwise noted. § 701.1 General provisions. This part contains the rules that the National Railroad Passenger Corporation (“Amtrak”) follows in processing requests for records under the Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552. Information routinely provided to the public ( i.e., www.amtrak.com § 701.2 Definitions. Unless the context requires otherwise in this part, masculine pronouns include the feminine gender and “includes” means “includes but is not limited to.” Amtrak or Corporation Appeal Business days Disclose or disclosure Electronic data Exempt information Final determination FOIA Officer Freedom of Information Act or “FOIA” Initial determination Pages President Record (1) Library materials compiled for reference purposes or objects of substantial intrinsic value. (2) Routing and transmittal sheets, notes, and filing notes which do not also include information, comments, or statements of substance. (3) Anything that is not a tangible or documentary record such as an individual's memory or oral communication. (4) Objects or articles, whatever their historical or value as evidence. Request Requester or requesting party Responsive records § 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. Therefore, records of the Corporation are available electronically, which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia www.amtrak.com, (b) A record of the Corporation, or parts thereof, may be withheld from disclosure if the Corporation reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or when disclosure is prohibited by law. Disclosure to a properly constituted advisory committee, to Congress, or to Federal agencies does not waive the exemption. (c) In the event full disclosure of a requested record is not possible, any reasonably segregable portion of the record will be made available to the requesting person after deletion of the exempt portions. The entire record may be withheld 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 knowledgeable person could reconstruct the deleted information. (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 employee of the Corporation dealing with FOIA requests is directed to cooperate in making records available for disclosure under the Act in a prompt manner consistent 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 deemed received by the FOIA Office. (g) Generally, when a member of the public complies with the procedures established 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 public information. (a) Amtrak FOIA Web site. http://www.amtrak.com/foia www.amtrak.com. (b) Frequently requested information. (1) Amtrak shall decide on a case-by-case basis whether records fall into the first category of “frequently requested FOIA records” based on the following factors: (i) Previous experience with similar records; (ii) The nature and type of information contained in the records; (iii) The identity and number of requesters and whether there is widespread media or commercial interest in the records. (c) Guide for making requests. § 701.5 Requirements for making requests. (a) General requirements. (2) A request must be in writing, indicate that it is being made under the FOIA, and provide an adequate description of the records sought. The request should also include applicable information regarding fees as specified in paragraphs (d) and (e) of this section. (b) How to submit a request. (2) The request must be addressed to the Freedom of Information Office; National Railroad Passenger Corporation; 1 Massachusetts Avenue NW, Washington, DC 20001. Requests will also be accepted by submission in Amtrak's FOIA portal at https://pal-amtrak.efoia-host.com/ https://www.foia.gov/. (c) Content of the request Description of records. (2) Reformulation of a request. (d) Payment of fees. (1) Fees in excess of $25.00. (i) In order to protect requesters from large and/or unexpected fees, Amtrak will request a specific commitment when it estimates or determines that fees will exceed $100.00. (ii) A request shall not be considered received and further processing shall not be 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 paragraph will offer the requesting party an opportunity to discuss the matter in order to reformulate the request to meet the requester's needs at a lower cost. (iii) Amtrak will hold in abeyance for a reasonable amount of time requests requiring agreement to pay fees and will thereafter deem the request closed. This action will not prevent the requesting party from refiling the FOIA request with a fee commitment at a subsequent date. (2) Fees in excess of $250. (e) Information regarding fee category. (f) Records concerning other individuals. (1) A notarized written authorization signed by that individual permitting disclosure of those records to the requesting party, together with a copy of a photo ID of that individual; or (2) Proof that the individual is deceased ( i.e., [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] § 701.6 Release and processing procedures. (a) General provisions. (b) Authority to grant or deny requests. (c) Notice of referral. (d) Creating a record. (e) Incomplete records. (f) Electronic records. § 701.7 Timing of responses to requests. (a) General. (2) A request for records shall be considered to have been received on the later of the following dates: (i) The requester has agreed in writing to pay applicable fees in accordance with § 701.5(d); or (ii) The fees have been waived in accordance with § 701.11(k); or (iii) Payment in advance has been received from the requester when required in accordance with § 701.11(i). (3) The time for responding to requests set forth in paragraph (b) of this section may be delayed if: (i) The request does not sufficiently identify the fee category applicable to the request; (ii) The request does not state a willingness to pay all fees; (iii) A request seeking a fee waiver does not address the criteria for fee waivers set forth in § 701.11(k); (iv) A fee waiver request is denied, and the request does not include an alternative statement indicating that the requesting party is willing to pay all fees. (b) Initial determination. (c) Multitrack processing. (2) In general, when requests are received, Amtrak's FOIA Office will review and categorize them for tracking purposes. Requests within each track will be processed according to date of receipt. (3) The FOIA Office may contact a requester when a request does not appear to qualify for fast track processing to provide an opportunity to limit the scope of the request and qualify for a faster track. Such notification shall be at the discretion of the FOIA Office and will depend largely on whether it is believed that a narrowing of the request could place the request on a faster track. (d) Unusual circumstances. (2) If Amtrak believes that multiple requests submitted by a requester or by a group of requesters acting in concert constitute a single request that would otherwise involve unusual circumstances and the requests involve clearly related matters, the requests may be aggregated. Multiple requests concerning unrelated matters may not be aggregated. (3) Unusual circumstances that may justify delay include: (i) The need to search for and collect the requested records from other facilities that are separate from Amtrak's headquarters offices. (ii) The need to search for, collect, and examine a voluminous amount of separate and distinct records sought in a single request. (iii) The need for consultation, which shall be conducted with all practicable speed, with agencies having a substantial interest in the determination of the request, or among two or more Amtrak components having a substantial subject-matter interest in the request. (e) Exceptional circumstances. (f) Expedited processing. (i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; and (ii) An urgency to inform the public about an actual or alleged Amtrak activity, if made by a person primarily engaged in disseminating information. (2) A request for expedited processing may be made at the time of the initial request for records or at a later date. (3) A requester seeking expedited processing must submit a statement, certified to be true and correct to the best of that person's knowledge and belief, explaining in detail the basis for requesting expedited processing. This statement must accompany the request in order to be considered and responded to within the ten calendar days required for decisions on expedited access. (4) A requester who is not a full-time member of the news media must establish that he is a person whose main professional activity or occupation is information dissemination, though it need not be his sole occupation. A requester must establish a particular urgency to inform the public about the Amtrak activity involved in the request. (5) Within ten business days of receipt of a request for expedited processing, Amtrak shall determine whether to grant such a request and notify the requester of the decision. If a request for expedited treatment is granted, the request shall be given priority and shall be processed as soon as practicable. (6) Amtrak shall provide prompt consideration of appeals of decisions denying expedited processing. § 701.8 Responses to requests. (a) Granting of requests. (b) Adverse determination of requests Types of denials. (i) A determination to withhold any requested record in whole or in part; (ii) A determination that a requested record does not exist or cannot be located; (iii) A denial of a request for expedited treatment; and (iv) A determination on any disputed fee matter including a denial of a request for a fee waiver. (2) Deletions. (3) Content of denial letter. (i) A brief statement of the reason(s) for the adverse determination including any FOIA exemptions applied in denying the request; (ii) An estimate of the volume of information withheld (number of pages or some other reasonable form of estimation). An estimate does not need to be provided if the volume is indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption; (iii) A statement that an appeal may be filed under § 701.10 and a description of the requirements of that section and of the right of the requesting party to seek dispute resolution services from either Amtrak's FOIA Public Liaison or the Office of Government Information Services (OGIS); and (iv) The name and title or position of the person responsible for the denial. § 701.9 Business information. (a) General. (b) Definitions. (1) Business information (2) Submitter (c) Designation of business information. (d) Notice to submitters. (e) When notice is required. (1) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (2) Amtrak has reason to believe that the information may be protected from disclosure under Exemption 4. (f) Opportunity to object to disclosure. (1) A detailed written statement must be submitted to Amtrak if the submitter has any objection to disclosure. The statement must specify all grounds for withholding any specified portion of the information sought under the FOIA. In the case of Exemption 4, it must show why the information is a trade secret or commercial or financial information that is privileged or confidential. (2) Unless otherwise specified, in the event that a submitter fails to respond within the time specified in the notice, the submitter may, in Amtrak's discretion, be considered to have no objection to disclosure of the information sought under the FOIA. (3) Information provided by a submitter in response to the notice may be subject to disclosure under the FOIA. (g) Notice of intent to disclose. (1) A statement of the reason(s) why each of the submitter's objections to disclosure was not sustained; (2) A description of the information to be disclosed; and (3) A specified disclosure date, which shall be a reasonable time subsequent to the notice as determined by Amtrak in its sole discretion. (h) Exceptions to notice requirements. (1) Amtrak determines that the information should not be disclosed; (2) The information has been published or has been officially made available to the public; (3) Disclosure of the information is required by law (other than the FOIA); (4) The designation made by the submitter under paragraph (c) of this section appears obviously frivolous. In such a case, Amtrak shall, prior to a specified disclosure date, give the submitter written notice of the final decision to disclose the information; or (5) The information requested is not designated by the submitter as exempt from disclosure in accordance with this part, unless Amtrak has substantial reason to believe that disclosure of the information would result in competitive harm. (i) Notice of a FOIA lawsuit. (j) Notice to requesters. (2) When Amtrak notifies a submitter of its intent to disclose requested information under paragraph (g) of this section, Amtrak shall also notify the requester(s). (3) When a submitter files a lawsuit seeking to prevent the disclosure of business information, Amtrak shall notify the requester(s). § 701.10 Appeals. (a) Appeals of adverse determinations. (i) A decision to withhold any requested record in whole or in part; (ii) A determination that a requested record does not exist or cannot be located; (iii) A denial of a request for expedited treatment; or (iv) Any disputed fee matter or the denial of a request for a fee waiver. (2) The appeal must be addressed to the Executive Vice President, Chief Legal and Human Resources Officer; National Railroad Passenger Corporation; 1 Massachusetts Avenue NW, Washington, DC 20001. (3) The appeal must be in writing and specify the relevant facts and the basis for the appeal. The appeal letter and envelope should be marked prominently that it is a Freedom of Information Act or “FOIA” appeal to ensure that it is properly routed. (4) The appeal must be received by the President's Office within ninety days of the date of denial. (5) An appeal will not be acted upon if the request becomes a matter of FOIA litigation. (b) Responses to appeals. (1) A decision upholding an adverse determination in whole or in part shall contain a statement of the reason(s) for such action, including any FOIA exemption(s) applied. The requesting party shall also be advised of the provision for judicial review of the decision contained in 5 U.S.C. 552(a)(4)(B). (2) Engaging in dispute resolution services provided by OGIS. (3) If the adverse determination is reversed or modified on appeal in whole or in part, the requesting party shall be notified, and the request shall be reprocessed in accordance with the decision. (c) When appeal is required. [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] § 701.11 Fees. (a) Amtrak shall charge for processing requests under the FOIA in accordance with this section. A fee of $50 per hour shall be charged for search and review. For information concerning other processing fees, refer to paragraph (e) of this section. Amtrak shall collect all applicable fees before releasing copies of requested records to the requesting party. Payment of fees shall be made by check or money order payable to the National Railroad Passenger Corporation. (b) Definitions. (1) Direct costs (2) Reproduction i.e., (3) Review (4) Search (c) Fee categories. (1) Commercial requesters. (2) Representative of the news media or news media requester (3) Educational institution (4) Noncommercial scientific institution (5) Other requesters (d) Assessing fees. (1) “Commercial use” requesters: (2) “Representatives of the news media” and “educational and non-commercial scientific institution” requesters: (3) “All other” requesters: (e) Schedule of fees Manual searches. (2) Computer searches. (3) Duplication fees. (4) Review fees. (5) Charges for other services. (6) Charges for special services. (f) Commitment to pay fees. (g) Restrictions in accessing fees General. (2) Minimum fee. (3) Computer searches. (4) Unusual circumstances. (h) Nonproductive searches. (i) Advance payments. (2) Where a requester has previously failed to pay a properly charged FOIA fee within thirty (30) days of the date of billing, Amtrak may require the full amount due plus applicable interest and an advance payment of the full amount of anticipated fees before beginning to process a new request or continuing to process a pending request. The time limits of the FOIA will begin only after Amtrak has received such payment. (3) Amtrak will hold in abeyance for thirty days requests where deposits are due. (4) Monies owed for work already completed ( i.e., (5) Amtrak shall not deem a request as being received in cases in which an advance deposit or payment is due, and further work will not be done until the required payment is received. (j) Charging interest. (k) Waiver or reduction of fees Automatic waiver of fees. (2) Other fee waivers. (i) It is likely to contribute significantly to public understanding of the operations or activities of Amtrak, and (ii) It is not primarily in the commercial interest of the requesting party. (3) To determine whether the fee waiver requirement in paragraph (k)(2)(i) of this section is met, Amtrak will consider the following factors: (i) The subject of the request—whether the subject of the requested records concerns the operations or activities of Amtrak. (ii) The informative value of the information to be disclosed—whether the disclosure is likely to contribute to an understanding of Amtrak operations or activities. (iii) The contribution to an understanding of the subject by the public likely to result from disclosure—whether disclosure of the requested information will contribute to public understanding. (iv) The significance of the contribution to public understanding—whether the disclosure is likely to contribute significantly to public understanding of Amtrak operations or activities. (4) To determine whether the fee waiver requirement in paragraph (k)(2)(ii) of this section is met, Amtrak will consider the following factors: (i) The existence and magnitude of a commercial interest—whether the requesting party has a commercial interest that would be furthered by the requested disclosure. (ii) The primary interest in disclosure—whether the magnitude of the identified commercial interest of the requester is sufficiently large in comparison with the public interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.” (5) Requests for a fee waiver will be considered on a case-by-case basis, based upon the merits of the information provided. Where it is difficult to determine whether the request is commercial in nature, Amtrak may draw inference from the requester's identity and the circumstances of the request. (6) Requests for a waiver or reduction of fees must address the factors listed in paragraphs (k)(3) and (4) of this section. In all cases, the burden shall be on the requesting party to present evidence of information in support of a request for a waiver of fees. (l) Aggregating requests. [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] § 701.12 Other rights and services. Nothing in this part shall be construed as entitling any person, as of right, to any service or the disclosure of any record to which such person is not entitled under the FOIA.

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