[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR701.10]

[Page 130]
 
                        TITLE 49--TRANSPORTATION
 
      CHAPTER VII--NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
 
PART 701--AMTRAK FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec. 701.10  Appeals.

    (a) Appeals of adverse determinations. (1) The requesting party may 
appeal:
    (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 President and Chief 
Executive Officer (CEO); National Railroad Passenger Corporation; 60 
Massachusetts Avenue, N.E., Washington, D.C. 20002.
    (3) The appeal must be in writing and specify the relevant facts and 
the basis for the appeal. The appeal letter and envelope must be marked 
prominently ``Freedom of Information Act Appeal'' to ensure that it is 
properly routed.
    (4) The appeal must be received by the President's Office within 
thirty (30) 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. The decision on any appeal shall be made 
in writing.
    (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) 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. The requesting party must appeal any 
adverse determination prior to seeking judicial review.