[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: 49CFR701.6]

[Page 126-127]
 
                        TITLE 49--TRANSPORTATION
 
      CHAPTER VII--NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
 
PART 701--AMTRAK FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec. 701.6  Release and processing procedures.

    (a) General provisions. In determining records that are responsive 
to a request, Amtrak will ordinarily include only records that exist and 
are in the possession and control of the Corporation as of the date that 
the search is begun. If any other date is used, the requesting party 
will be informed of that date.
    (b) Authority to grant or deny requests. Amtrak's FOIA officer is 
authorized to grant or deny any request for records.
    (c) Notice of referral. If Amtrak refers all or any part of the 
responsibility for responding to a request to another organization, the 
requesting party will be notified. A referral shall not be considered a 
denial of access within the meaning of this part. All consultations and 
referrals of requests will be handled according to the date that the 
FOIA request was initially received.

[[Page 127]]

    (d) Creating a record. There is no obligation on the part of Amtrak 
to create, compile, or obtain a record to satisfy a FOIA request. The 
FOIA also does not require that a new computer program be developed to 
extract the records requested. Amtrak may compile or create a new 
record, however, when doing so would result in a more useful response to 
the requesting party or would be less burdensome to Amtrak than 
providing existing records. The cost of creating or compiling such a 
record may not be charged to the requester unless the fee for creating 
the record is equal to or less than the fee that would be charged for 
providing the existing record.
    (e) Incomplete records. If the records requested are not complete at 
the time of a request, Amtrak may, at its discretion, inform the 
requester that complete nonexempt records will be provided when 
available without having to submit an additional request.
    (f) Electronic records. Amtrak is not obligated to process a request 
for electronic records where creation of a record, programming or a 
particular format would result in a significant expenditure of resources 
or interfere with the corporation's operations.