The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is a federal law that allows the public to request any federal record.  Anyone can submit a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities. 

Under FOIA, agencies may withhold information only if the disclosure is prohibited by law or if they reasonably foresee that disclosure would harm an interest protected by a FOIA exemption.

The regulations that govern the Federal Railroad Administration (FRA) FOIA program can be found in 49 CFR Part 7.  For more information about government-wide FOIA administration and policy, visit the U.S. Department of Justice Office of Information Policy at FOIA.gov.

Submitting a FOIA Request

1) Research the Records

Before submitting a request, take time to research the topic to understand what records FRA (or another federal agency or Amtrak) may have.  Consider whether the records sought are already publicly available.

Agency websites contain extensive information, and you might find what you need without submitting a FOIA request.  For example, the FRA website offers various resources:

• FRA Website – In addition to the links below, FRA’s webpage contains information related to FRA’s rail development and grant programs; environmental documents, including completed NEPA reviews; research and development study related information; and other records.
• FRA e-Library
• FRA Safety Data Website – Contains data related to railroad accidents and incidents, including highway-rail grade crossing accidents, rail equipment accidents, and employee injuries and illnesses.
• FRA Headquarters-Level Railroad Accident Investigation Reports – Includes reports from headquarters-assigned investigations for completed investigations since January 2005.  Reports typically take six to nine months to complete after an accident.  The site is regularly updated with new investigation reports.
• Regulations.gov – Provides access to rulemaking dockets.
• FRA Electronic Reading Room

2) Draft the FOIA Request

A FOIA request under the FOIA and DOT FOIA regulations should:

• Be submitted in writing.
• Clearly indicate that the request is made pursuant to FOIA.
• Be specific about the records sought, including the title of the document, if known.  For accident reports, provide as much information as you have, including the date and location of the accident (including city and county), FRA Accident Report Number, and the USDOT Crossing Number (for crossing accidents).
• Include a telephone number, email address, and/or fax number for follow-up questions and responsive records.
• Indicate your applicable FOIA request fee category and the maximum fees you are willing to pay.  Information on fees can be found at 49 CFR Part 7, Subpart E.

3) Send the FOIA Request

Requests may be submitted by mail, email, fax, or in person.  E-mailing to [email protected] is the preferred method.  Address the request to: Freedom of Information Act Coordinator and avoid submitting duplicate copies of the same request.

Address:

Freedom of Information Act Office
Office of the Chief Counsel
Federal Railroad Administration
1200 New Jersey Avenue, Stop 10
Washington, D.C. 20590

Email:  [email protected]

Fax:       202-493-6481

Additional Resources:

Questions about FOIA may be directed to the FRA FOIA Office at: [email protected].

For further assistance or to discuss your FOIA request, you may contact the FRA FOIA Public Liaison at [email protected].