[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR701.2]

[Page 105-106]
 
                        TITLE 49--TRANSPORTATION
 
      CHAPTER VII--NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
 
PART 701_AMTRAK FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec.  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.''
    (a) Amtrak or Corporation means the National Railroad Passenger 
Corporation.
    (b) Appeal means a request submitted to the President of Amtrak or 
designee for review of an adverse initial determination.
    (c) Business days means working days; Saturdays, Sundays, and legal 
public holidays are excluded in computing response time for processing 
FOIA requests.
    (d) Disclose or disclosure means making records available for 
examination or copying, or furnishing a copy of nonexempt responsive 
records.
    (e) Electronic data means records and information (including E-mail) 
that are created, stored, and retrievable by electronic means.
    (f) Exempt information means information that is exempt from 
disclosure under one or more of the nine exemptions to the FOIA.
    (g) Final determination means a decision by the President of Amtrak 
or designee concerning a request for review of an adverse initial 
determination received in response to an FOIA request.
    (h) Freedom of Information Act or ``FOIA'' means the statute as 
codified in section 552 of Title 5 of the United States Code as amended.
    (i) Freedom of Information Officer means the Amtrak official 
designated to fulfill the responsibilities of implementing and 
administering the Freedom of Information Act as specifically designated 
under this part.

[[Page 106]]

    (j) Initial determination means a decision by an Amtrak FOIA Officer 
in response to a request for information under the FOIA.
    (k) Pages means paper copies of standard office size or the cost 
equivalent in other media.
    (l) President means the President and Chief Executive Officer (CEO) 
of the National Railroad Passenger Corporation (Amtrak) or designee.
    (m) Record means any writing, drawing, map, recording, tape, film, 
photograph, or other documentary material by which information is 
preserved in any format, including electronic format. A record must 
exist and be in the possession and control of Amtrak at the time of the 
request to be subject to this part and the FOIA. The following are not 
included within the definition of the word ``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.
    (n) Request means any request for records made pursuant to 5 U.S.C. 
552(a)(3).
    (o) Requester or requesting party means any person who has submitted 
a request to Amtrak.
    (p) Responsive records means documents determined to be within the 
scope of a FOIA request.