[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: 49CFR701.5]

[Page 125-126]
 
                        TITLE 49--TRANSPORTATION
 
      CHAPTER VII--NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
 
PART 701--AMTRAK FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec. 701.5  Requirements for making requests.

    (a) General requirements. (1) A FOIA request can be made by ``any 
person'' as defined in 5 U.S.C. 551(2), which encompasses individuals 
(including foreign citizens; partnerships; corporations; 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, 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. (1) A request must clearly state on the 
envelope and in the letter that it is a Freedom of Information Act or 
``FOIA'' request.
    (2) The request must be addressed to the Freedom of Information 
Office; National Railroad Passenger Corporation; 60 Massachusetts 
Avenue, N.E.; Washington, D.C. 20002. Requests will also be accepted by 
facsimile at (202) 906-2169. Amtrak cannot assure that a timely or 
satisfactory response under this part will be given to written requests 
addressed to Amtrak offices, officers, or employees other than the 
Freedom of Information Office. Amtrak employees receiving a 
communication in the nature of a FOIA request shall forward it to the 
FOIA Office expeditiously. Amtrak shall advise the requesting party of 
the date that an improperly addressed request is received by the FOIA 
Office.
    (c) Content of the request. (1) Description of records--
Identification of records sought under the FOIA is the responsibility of 
the requester. The records sought should be described in sufficient 
detail so that Amtrak personnel can locate them with a reasonable amount 
of effort. When possible, the request should include specific 
information

[[Page 126]]

such as dates, title or name, author, recipient, subject matter of the 
record, file designation or number, or other pertinent details for each 
record or category of records sought.
    (2) Reformulation of a request. Amtrak is not obligated to act on a 
request until the requester provides sufficient information to locate 
the record. Amtrak may offer assistance in identifying records and 
reformulating a request where: the description is considered 
insufficient, the production of voluminous records is required, or a 
considerable 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 business days of the type of 
information that will facilitate the search. The requesting party shall 
be given an opportunity to supply additional information 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 
agreement to pay applicable fees accessed up to $25.00 unless the 
requesting party specifies a willingness to pay a greater or lesser 
amount or seeks a fee waiver or reduction in fees.
    (1) Fees in excess of $25.00. When Amtrak determines or estimates 
that applicable fees are likely to exceed $25.00, the requesting party 
shall be notified of estimated or actual fees, unless a commitment has 
been 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 
estimated fee may be a portion of the total fee.
    (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 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 forty-five (45) days 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. When Amtrak estimates or determines that 
allowable charges are likely to exceed $250, an advance deposit of the 
entire fee may be required before continuing to process the request.
    (e) Information regarding fee category. In order to determine the 
appropriate fee category, a request should indicate whether the 
information sought is intended for commercial use or whether the 
requesting party is a member of the staff of an educational or 
noncommercial scientific institution or a representative of the news 
media.
    (f) Records concerning other individuals. If the request is for 
records concerning another individual, either a written authorization 
signed by that individual permitting disclosure of those records to the 
requesting party or proof that the individual is deceased (i.e., a copy 
of a death certificate or an obituary) will help to expedite processing 
of the request.