49 C.F.R. § 701.2   Definitions.

Title 49 - Transportation

Title 49: Transportation

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§ 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.

(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.

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