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Electronic Code of Federal Regulations
Title 49: Transportation
Subpart A—General Provisions
(a) This part implements 5 U.S.C. 552, and prescribes rules governing the availability to the public of DOT records. Many documents are made available to the public for inspection and copying through DOT's Primary Electronic Access Facility and public record unit locations that are discussed in subpart B of this part, which contains the DOT regulations concerning the availability to the public of opinions issued in the adjudication of cases, policy issuances, administrative manuals, and other information made available to the public, without need for a specific request.
(b) Subpart C of this part describes the records that are not required to be disclosed on DOT's own action under this part, but that may be available upon request under FOIA.
(c) Indices are maintained to reflect all records subject to subpart B of this part, and are available for public inspection and copying as provided in subpart B.
Unless the context requires otherwise, the following definitions apply in this part:
Act and FOIA mean the Freedom of Information Act, 5 U.S.C. 552, as amended.
Administrator means the head of each component of DOT and includes the Under Secretary for Security, the Commandant of the Coast Guard, the Inspector General, and the Director of the Bureau of Transportation Statistics.
Concurrence means that the approval of the person being consulted is required in order for the subject action to be taken.
Consultation means that the approval of the person being consulted is not required in order for the subject action to be taken.
Department means the Department of Transportation, including the Office of the Secretary, the Office of Inspector General, and the following DOT Operating Administrations, all of which may be referred to as DOT components. Means of contacting each of these DOT components appear in §7.15. This definition specifically excludes the Surface Transportation Board, which has its own FOIA regulations (49 CFR Part 1001):
(1) Federal Aviation Administration,
(2) Federal Highway Administration,
(3) Federal Motor Carrier Safety Administration,
(4) Federal Railroad Administration,
(5) National Highway Traffic Safety Administration,
(6) Federal Transit Administration,
(7) Saint Lawrence Seaway Development Corporation,
(8) Maritime Administration,
(9) Pipeline and Hazardous Materials Safety Administration, and
(10) Research and Innovative Technology Administration.
Primary Electronic Access Facility means the electronic docket facility in the DOT Headquarters Building, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Reading room records are those records required to be made available to the public under 5 U.S.C. 552(a)(2) as described in §7.5 of Subpart B of this part. These records are made available through DOT's Primary Electronic Access Facility. Other records may also be made available at DOT's discretion at DOT inspection facilities, including DOT's Primary Electronic Access Facility.
Record includes any writing, drawing, map, recording, tape, film, photograph, or other documentary material by which information is preserved. The term also includes any such documentary material stored by computer.
Responsible DOT official means the head of the DOT component concerned, or the General Counsel or the Inspector General, as the case may be, or the designee of any of them, authorized to take an action under this part.
Secretary means the Secretary of Transportation or any person to whom the Secretary has delegated authority in the matter concerned.
[Amdt. 1, 63 FR 38331, July 16, 1998, as amended at 67 FR 54746, Aug. 26, 2002; 73 FR 33328, June 12, 2008; 75 FR 5244, Feb. 2, 2010]