cfr_sections
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12 rows where part_number = 701 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:7.1.3.1.2.0.1.1 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.1 General provisions. | This part contains the rules that the National Railroad Passenger Corporation (“Amtrak”) follows in processing requests for records under the Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552. Information routinely provided to the public ( i.e., train timetables, press releases) may be obtained at Amtrak's Web site www.amtrak.com without following Amtrak's FOIA procedures. | ||||||||
| 49:49:7.1.3.1.2.0.1.10 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.10 Appeals. | [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] | (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 Executive Vice President, Chief Legal and Human Resources Officer; National Railroad Passenger Corporation; 1 Massachusetts Avenue NW, Washington, DC 20001. (3) The appeal must be in writing and specify the relevant facts and the basis for the appeal. The appeal letter and envelope should be marked prominently that it is a Freedom of Information Act or “FOIA” appeal to ensure that it is properly routed. (4) The appeal must be received by the President's Office within ninety 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) Engaging in dispute resolution services provided by OGIS. Mediation is a voluntary process. If Amtrak agrees to participate in the mediation services provided by OGIS, it will actively engage as a partner to the process in an attempt to resolve the dispute. (3) 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 generally must timely appeal any adverse determination prior to seeking judicial review. | |||||||
| 49:49:7.1.3.1.2.0.1.11 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.11 Fees. | [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] | (a) Amtrak shall charge for processing requests under the FOIA in accordance with this section. A fee of $50 per hour shall be charged for search and review. For information concerning other processing fees, refer to paragraph (e) of this section. Amtrak shall collect all applicable fees before releasing copies of requested records to the requesting party. Payment of fees shall be made by check or money order payable to the National Railroad Passenger Corporation. (b) Definitions. For purposes of this section: (1) Direct costs means those expenses actually incurred in searching for and reproducing (and, in the case of commercial use requests, reviewing) records to respond to a FOIA request. Direct costs include such costs as the salary of the employee performing the work (the basic rate of pay for the employee plus applicable benefits and the cost of operating reproduction equipment). Direct costs do not include overhead expenses such as the costs of space and heating or lighting of the facility. (2) Reproduction means the making of a copy of a record or the information contained in it in order to respond to a FOIA request. Copies can take the form of paper, microform, audiovisual materials, or electronic records ( i.e., magnetic tape or disk) among others. Amtrak shall honor a requester's specified preference for the form or format of disclosure if the record is readily reproducible with reasonable effort in the requested form or format by the office responding to the request. (3) Review means the process of examining a record located in response to a request to determine whether one or more of the statutory exemptions of the FOIA apply. Processing any record for disclosure includes doing all that is necessary to redact the record and prepare it for release. Review time includes time spent considering formal objection to disclosure by a commercial submitter under § 701.9 but does not include time spent resolving general legal or policy issues regarding the application of exemptions. Review costs are… | |||||||
| 49:49:7.1.3.1.2.0.1.12 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.12 Other rights and services. | Nothing in this part shall be construed as entitling any person, as of right, to any service or the disclosure of any record to which such person is not entitled under the FOIA. | ||||||||
| 49:49:7.1.3.1.2.0.1.2 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 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.” Amtrak or Corporation means the National Railroad Passenger Corporation. Appeal means a request submitted to the President of Amtrak or designee for review of an adverse initial determination. Business days means working days; Saturdays, Sundays, and legal public holidays are excluded in computing response time for processing FOIA requests. Disclose or disclosure means making records available for examination or copying, or furnishing a copy of nonexempt responsive records. Electronic data means records and information (including email) that are created, stored, and retrievable by electronic means. Exempt information means information that is exempt from disclosure as permitted by 5 U.S.C. 552. 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. FOIA 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. Freedom of Information Act or “FOIA” means the statute as codified in section 552 of Title 5 of the United States Code as amended. Initial determination means a decision by the Amtrak FOIA Officer in response to a request for information under the FOIA. Pages means paper copies of standard office size or the cost equivalent in other media. President means the President and Chief Executive Officer (CEO) of the National Railroad Passenger Corporation (Amtrak) or designee. 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 F… | ||||||||
| 49:49:7.1.3.1.2.0.1.3 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 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 electronically, which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia and www.amtrak.com, 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 the Corporation reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or when disclosure is prohibited by law. Disclosure to a properly constituted advisory committee, to Congress, or to Federal agencies does not waive the exemption. (c) In the event full disclosure of a requested record is not possible, 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 ide… | ||||||||
| 49:49:7.1.3.1.2.0.1.4 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.4 Amtrak public information. | (a) Amtrak FOIA Web site. Amtrak will make available electronically records created by the Corporation that are required under the FOIA to be made available for public inspection which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia and www.amtrak.com. (b) Frequently requested information. The FOIA requires that copies of records, regardless of form or format, that have been released pursuant to a FOIA request under 5 U.S.C. 552(a)(3) be made publicly available in an electronic format if because of the nature of their subject matter they have become or are likely to become the subject of subsequent requests for substantially the same records or they have been requested three or more times. (1) Amtrak shall decide on a case-by-case basis whether records fall into the first category of “frequently requested FOIA records” based on the following factors: (i) Previous experience with similar records; (ii) The nature and type of information contained in the records; (iii) The identity and number of requesters and whether there is widespread media or commercial interest in the records. (c) Guide for making requests. A guide on how to use the FOIA for requesting records from Amtrak shall be made available to the public upon request. Amtrak's major information systems will be described in the guide. | ||||||||
| 49:49:7.1.3.1.2.0.1.5 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.5 Requirements for making requests. | [82 FR 9683, Feb. 8, 2017, as amended at 90 FR 27816, June 30, 2025] | (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) The request letter and envelope should be marked prominently that it is a Freedom of Information Act or “FOIA” request to ensure that it is properly routed. (2) The request must be addressed to the Freedom of Information Office; National Railroad Passenger Corporation; 1 Massachusetts Avenue NW, Washington, DC 20001. Requests will also be accepted by submission in Amtrak's FOIA portal at https://pal-amtrak.efoia-host.com/ or through the National FOIA Portal at https://www.foia.gov/. 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 FOIA 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 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 ca… | |||||||
| 49:49:7.1.3.1.2.0.1.6 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 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. (d) Creating a record. There is no obligation on the part of Amtrak to create a record to satisfy a FOIA request. Amtrak may create a new record in its sole discretion, 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 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. | ||||||||
| 49:49:7.1.3.1.2.0.1.7 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.7 Timing of responses to requests. | (a) General. (1) The time limits prescribed in the FOIA will begin only after the requirements for submitting a request as established in § 701.5 have been met, and the request is deemed received by the FOIA Office. (2) A request for records shall be considered to have been received on the later of the following dates: (i) The requester has agreed in writing to pay applicable fees in accordance with § 701.5(d); or (ii) The fees have been waived in accordance with § 701.11(k); or (iii) Payment in advance has been received from the requester when required in accordance with § 701.11(i). (3) The time for responding to requests set forth in paragraph (b) of this section may be delayed if: (i) The request does not sufficiently identify the fee category applicable to the request; (ii) The request does not state a willingness to pay all fees; (iii) A request seeking a fee waiver does not address the criteria for fee waivers set forth in § 701.11(k); (iv) A fee waiver request is denied, and the request does not include an alternative statement indicating that the requesting party is willing to pay all fees. (b) Initial determination. Whenever possible, an initial determination to release or deny a record shall be made within twenty business days after receipt of the request. In “unusual circumstances” as described in paragraph (d) of this section, the time for an initial determination may be extended for ten business days. (c) Multitrack processing. (1) Amtrak may use two or more processing tracks by distinguishing between simple, complex, and expedited requests based on the amount of work and/or time needed to process a request or the number of pages involved. (2) In general, when requests are received, Amtrak's FOIA Office will review and categorize them for tracking purposes. Requests within each track will be processed according to date of receipt. (3) The FOIA Office may contact a requester when a request does not appear to qualify for fast track processing to provide an opportunity to limit the s… | ||||||||
| 49:49:7.1.3.1.2.0.1.8 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.8 Responses to requests. | (a) Granting of requests. When an initial determination is made to grant a request in whole or in part, the requesting party shall be notified in writing and advised of any fees charged under § 701.11(e). The records shall be disclosed to the requesting party promptly upon payment of applicable fees. The requesting party has the right to seek assistance from Amtrak's FOIA Public Liaison. (b) Adverse determination of requests —(1) Types of denials. The requesting party shall be notified in writing of a determination to deny a request in any respect. Adverse determinations or denials of records consist of: (i) A determination 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; and (iv) A determination on any disputed fee matter including a denial of a request for a fee waiver. (2) Deletions. Records disclosed in part shall be marked clearly to show both the amount of the information deleted and the exemption under which the deletion was made unless doing so would harm an interest protected by an applicable exemption. If technically feasible, the amount of the information deleted and the exemption under which the deletion is made shall be indicated at the place in the record where such deletion is made. (3) Content of denial letter. The denial letter shall be signed by the FOIA Officer or designee and shall include: (i) A brief statement of the reason(s) for the adverse determination including any FOIA exemptions applied in denying the request; (ii) An estimate of the volume of information withheld (number of pages or some other reasonable form of estimation). An estimate does not need to be provided if the volume is indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption; (iii) A statement that an appeal may be filed under § 701.10 and a description of the requirements of t… | ||||||||
| 49:49:7.1.3.1.2.0.1.9 | 49 | Transportation | VII | 701 | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | § 701.9 Business information. | (a) General. Business information held by Amtrak will be disclosed under the FOIA only under this section. (b) Definitions. For purposes of this section, the following definitions apply: (1) Business information means commercial or financial information held by Amtrak that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). (2) Submitter means any person or entity including partnerships; corporations; associations; and local, state, tribal, and foreign governments. (c) Designation of business information. A submitter of business information will use good faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers to be protected from disclosure under Exemption 4. These designations will expire ten years after the date of the submission unless the submitter requests and provides justification for a longer designation period. (d) Notice to submitters. Amtrak shall provide a submitter with prompt written notice of an FOIA request or an appeal that seeks its business information when required under paragraph (e) of this section, except as provided in paragraph (h) of this section, in order to give the submitter an opportunity to object to disclosure of any specified portion of the information under paragraph (f). The notice shall either describe the business information requested or include copies of the requested records or portions of records containing the information. (e) When notice is required. Notice shall be given to a submitter when: (1) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (2) Amtrak has reason to believe that the information may be protected from disclosure under Exemption 4. (f) Opportunity to object to disclosure. Amtrak will allow a submitter a reasonable amount of time, as determined by Amtrak in its sole discretion, to respond to the … |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);