Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is a Federal law that allows you to request any federal record. Regulations applicable to FRA’s FOIA program are in 49 C.F.R. Part 7. For more information about government wide FOIA administration and policy, visit the U.S. Department of Justice (DOJ) Office of Information Policy (OIP) FOIA.gov page.
The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.
How to Make a FOIA Request
FRA posts a great deal of information on its website, so before making a request you might want to look there first. Also, please consider reviewing the following sources which may contain the information sought:
- FRA Web site
- FRA e-library
- FRA Safety Data Website – Contains data related to railroad accidents and incidents, including railroad supplied highway-rail grade crossing accidents, rail equipment accidents, and employee injuries and illnesses.
- FRA Headquarters-Level Railroad Accident Investigation Reports – Contains headquarters-assigned investigations and reports for completed investigations beginning in January 2005. It typically takes from six to nine months from the date of the accident for a report to be completed. This site will be updated regularly as new accidents are assigned for investigation and additional investigation reports are completed.
- Regulations.gov – Provides access to rulemaking dockets.
- FRA Electronic Reading Room
Any person can make a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities.
Requests may be submitted by mail, email, fax, or in person. E-mail to FRAFOIA@dot.gov is the preferred and most expeditious method for sending a FOIA request. Please address your request to: Freedom of Information Act Coordinator. Please do not submit 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
FRAFOIA@dot.gov
A proper FOIA request to FRA must:
- Be provided in writing.
- Indicate that you are making a request pursuant to FOIA. Mark the envelope “FOIA Request” if you mail your request.
- Be specific as to the record(s) you are seeking (e.g., include the title of the document, for accident reports include the date and location, including city and county, of the accident, FRA Accident Report Number (if known), U.S. DOT-AAR Crossing Number (for crossing accidents), and the age/date of birth of any injured individuals).
- Include your telephone number, email address, and/or fax number so that we can contact you if we have questions.
- FRA sends records in electronic format via email unless you make a specific request for something else, such as paper records.
- You must provide an email address and/or a return mailing address so we can send any responsive records in the format requested.
- Indicate your fee category, willingness to pay fees, and state the maximum fees you are willing to pay. Our fee schedule is addressed in 49 C.F.R. § 7.46 of the Department’ s FOIA Regulation.
If you have received a final determination from FRA that assesses FOIA processing charges, then you may securely pay by credit card by visiting http://www.pay.gov/paygov.
Additional Resources:
If you have questions regarding your FOIA request, you may contact the FRA FOIA Office at: FRAFOIA@dot.gov.
You may also contact FRA’s FOIA Public Liaison, Mr. William Wong, at FRAFOIALiaison@dot.gov for further assistance and to discuss any aspect of your request.