[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: 49CFR701.3]

[Page 124]
 
                        TITLE 49--TRANSPORTATION
 
      CHAPTER VII--NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
 
PART 701--AMTRAK FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec. 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 for public 
inspection and copying as provided in this part with the exception of 
those that the Corporation specifically determines should not be 
disclosed either in the public interest, for the protection of private 
rights, or for the efficient 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 
constituted advisory committee, to Congress, or to federal agencies does 
not waive the exemption.
    (c) In the event one or more exemptions apply to a record, 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 
Freedom of Information 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.