Manuals and service instructions

ALEXANDER RICCIO filed this request with the Metropolitan Transit Authority (MTA), New York City Transit of New York.
Tracking #

R000094-061423

02566976

Est. Completion None
Status
Withdrawn

Communications

From: ALEXANDER RICCIO

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Copies of user/driver operating instructions, service manuals, and service bulletins for all currently in service passenger trains, subway cars, and buses in the system.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

ALEXANDER RICCIO

From: Metropolitan Transportation Authority (MTA), Headquarters

This is in response to your request under the Freedom of Information Law (“FOIL”) to the Metropolitan Transportation Authority (MTA) for copies of records. We will determine if any records are available that are subject to release pursuant to Public Officers Law. If the records are releasable, please be advised that a certified check or a money order to cover a reproduction charge of twenty-five cents ($.25) per page is payable to MTA prior to release.

We will contact you when the records have been identified in approximately sixty (60) business days, and a determination has been made regarding their eligibility for release.

Sincerely,
MTA FOIL Unit.

FOIL Request:
To Whom It May Concern: Pursuant to the New York Freedom of Information Law, I hereby request the following records: Copies of user/driver operating instructions, service manuals, and service bulletins for all currently in service passenger trains, subway cars, and buses in the system. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires. Sincerely, ALEXANDER RICCIO Upload documents directly: https://www.muckrock.com/

From: Muckrock Staff

Good Morning,

We have been notified that responsive documents have been submitted for this request. Can you please verify whether this was sent via email, fax or snail mail and if by physical mail, the address to which those documents were sent? If you have a tracking number as well, that will assist our mail support in locating these documents. Thank you so much for your continued support with this request.

Best Regards,

MuckRock Staff

From: Muckrock Staff

Good Morning,

We have been notified that responsive documents have been submitted for this request. Can you please verify whether this was sent via email, fax or snail mail and if by physical mail, the address to which those documents were sent? If you have a tracking number as well, that will assist our mail support in locating these documents. Thank you so much for your continued support with this request.

Best Regards,

MuckRock Staff

From: Metropolitan Transit Authority (MTA), New York City Transit

Thank you for writing. This e-mail address is no longer valid. To report a problem, offer a commendation, make a suggestion, or request information, please use our online reporting system at https://contact.mta.info/s/customer-feedback (https://contact.mta.info/s/customer-feedback)

If you’re reporting an emergency, dial 911.

For other ways to contact the MTA, visit https://new.mta.info/contact-us (https://new.mta.info/contact-us)

Thank you,
MTA Customer Services

Your note:

[---002:000423:42327---]

From:

Dear Alexander Riccio:
This message confirms receipt of your FOIL request. Your FOIL request was received in this office on 6/14/2023 and given the reference number R000094-061423 for tracking purposes.
Records Requested: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Copies of user/driver operating instructions, service manuals, and service bulletins for all currently in service passenger trains, subway cars, and buses in the system.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

ALEXANDER RICCIO
We will provide you with an acknowledgment of your FOIL request within 5 business days.

Sincerely,
NYS Metropolitan Transit Authority To monitor the progress or update this request, please log into the FOIL Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HQ8g8aTo3fruz6sNyHDNCrmblCkjJOZYl1Idrz0oULClasWY5u6Dx6lMCFZhrA0xpA-3D-3DFlse_il-2BizfmugJBZrhTpvFcDV4e3DFM94fQXCsUKzH1KJ1W3VryDXw4bO7gmMKdNhnIG5rywF0AqIdR6vzvdcxcu4nb3TDhz6vv4yNsxEsQ73AxfGHgy4LL4F1MkdseCcm6-2BWKMBn-2BQdqDPHuoZyIhPg07ogaHiELvZh0ZgF8ArVlR73EI9B14Kb5piOamHE1uajsujFTSi6lyfOYCvcBscB4Y6nsu6mv-2BaPFqDnQxpKrEnnnQyzleow-2FpimMQzFnV0yqnAEeHw2OEKeP-2BfHRBJYjgsOm1p1waZJuUnxCY9t9-2FseK4ySNGkiR8XcEMlL0ZUvP45A1Odk4dSwxWun0cS0c8-2FacmiF8IziG5YjyPYgd4F-2FiOIQFdREYxnk-2BJ4fhc-2FD)

From: Metropolitan Transit Authority (MTA), New York City Transit

--- Please respond above this line ---

RE: FOIL Records Request of June 14, 2023, Reference # R000094-061423
Dear Alexander Riccio,
The NYS Metropolitan Transit Authority received a FOIL request from you on June 14, 2023. You requested: "To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Copies of user/driver operating instructions, service manuals, and service bulletins for all currently in service passenger trains, subway cars, and buses in the system.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

ALEXANDER RICCIO"
We are writing to acknowledge receipt of the above referenced FOIL request. This is to advise you that we are in the process of reviewing our files for the records you requested and anticipate being able to furnish you with your response within sixty (60) business days. Access to any record requested will be determined in accordance with the Public Officers Law.
Sincerely,
NYS Metropolitan Transit Authority To monitor the progress or update this request please log into the FOIL Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HQ8g8aTo3fruz6sNyHDNCrmblCkjJOZYl1Idrz0oULClasWY5u6Dx6lMCFZhrA0xpA-3D-3DfHkn_il-2BizfmugJBZrhTpvFcDV4e3DFM94fQXCsUKzH1KJ1W3VryDXw4bO7gmMKdNhnIG5rywF0AqIdR6vzvdcxcu4loOCK-2B4NvZ51t36qYGLcbG1DMyZxomA-2B3a4yiUHVlK3cOSV-2BSZfCyQOAIzM8GltFkJsoHBWpuca2CzBjaL9d-2BJ8XCov5SHpG8KtykQUu8NkNyWh-2FORv4o3HrlkTnN-2Bp-2Fm6nm9xl5dwMNQrRPBrTSf8yoECenj-2FhMQ-2FrL4K-2BxE6IXnBFrd-2Fcw0zBdyLjrrJfmQAhURUNhjdAP9cN2oRQZ0kJGI1tCQwTSnCTlOkayOqenIpeS7ArTLxHhXZnBD1Y8sT6M-2B1S-2FT5ehThz4EQ3Rak-2FGPGOdXzozL78aZZyLy1d)

From: Metropolitan Transit Authority (MTA), New York City Transit

You have sent an email to an unresponsive email account.
Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.
Thank you
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY

From: Metropolitan Transit Authority (MTA), New York City Transit

--- Please respond above this line ---

RE: FOIL Records Request of June 14, 2023, Reference # R000094-061423.
Dear Alexander Riccio,
The NYS Metropolitan Transit Authority received a FOIL request from you on June 14, 2023. You requested: "Copies of user/driver operating instructions, service manuals, and service bulletins for all currently in service passenger trains, subway cars, and buses in the system."
Please be advised that your request for "user/driver operating instructions" for all currently in service passenger trains, subway cars and buses in the system is denied pursuant to New York Public Officers Law (“NYPOL”) §87(2)(f),  which permits the nondisclosure of information if it would pose a danger to the life or safety of any person. T he records you requested are exempt from FOIL disclosure as they are safety/security sensitive material that can be used to disrupt NYCT operations, threatening the lives and safety of NYCT customers and passengers and the general public. Release of the requested security-sensitive records would pose a security risk in that, public dissemination of the subject records could potentially be exploited by terrorists/bad actors, which could create “a possibility of endangerment.” See Matter of Asian Am. Legal Defense & Educ. Fund v. New York City Police Dept. , 125 A.D.3d 531, 532, 5 N.Y.S. 3d 13, 15, 2015 N.Y. App. Div. LEXIS 1550, *3, 2015 NY Slip Op 01559, 2.
Additionally, please be advised that your request for "service bulletins for all currently in service passenger trains, subway cars, and buses in the system" is overly broad and vague. Pursuant to Public Officers Law § 89(3)(a), FOIL requests must be reasonably described so that the agency may locate the records in question. Currently, the description you provided does not allow for practical retrieval by the agency. Specifically, your request fails to provide sufficient information for the agency to identify and locate responsive records, and would require the agency to "engage in herculean efforts" to locate records, which we are not required to do (See FOI-AO-18863). You may resubmit your request by providing a narrower timeframe and additional details to narrow down the specific records you are seeking.

If you wish to file an appeal regarding this determination, you may do so within thirty (30) days from this correspondence by sending a written appeal to: Chief Safety and Security Officer, Patrick Warren, MTA Headquarters, 2 Broadway, New York, NY 10004.
Sincerely,
NYS Metropolitan Transit Authority

From: ALEXANDER RICCIO

I I'd like to amend my request to narrow it.

Instead of "all currently in service passenger trains, subway cars, and buses in the system", you may only include the following:

Subway, by rough order of fleet size:
R44
R46
R62
R62A
R68
R68A
R142
R142A
R143
R160
R188
R179
R211A
Buses, by rough order of introduction:
Nova Bus LFS TL40102A 3rd Generation
Orion Bus Industries Orion VII 07.501 EPA10 3rd Generation
New Flyer XD40 Xcelsior
New Flyer C40LF Low Floor
Nova Bus LFS-A TL62102A 1st Generation articulated
New Flyer XD60 Xcelsior articulated
Nova Bus.LFS TL40102A 4th Generation
New Flyer XN40 Xcelsior
New Flyer XN60 Xcelsior articulated
New Flyer XDE40 Xcelsior
Nova Bus LFS-A TL62102A 4nd Generation articulated
Nova Bus LFS TL40102A 4th Generation
New Flyer XDE40 Xcelsior

I do *not* need individual service requests, tickets, repair records, or similar information that is unique to each chassis.

Some of these vehicles have been in service for substantially longer than I've been alive. If any potentially responsive records more than 20 years or so old are not easily retrievable or searchable, you may absolutely narrow the search to the past 20 years, or any longer periods of time which might be easily retrievable.

I believe it is entirely unreasonable to withold, in blanket, whole manuals and service bulletins, let alone the entire request, on the grounds of public safety. The case cited was a case of counterterrorism surveillance in a national security context that may have involved the disclosure of sources, methods, and targets. I think it should be obvious why I do not expect the operating manuals and service bulletins to contain information about sources, methods, and targets, of law enforcement.

As an example of why I believe this is unreasonable in the specific case of transit disruptions, I expect details of the locks and security systems of unattended signal huts to be of greater sensitivity than, for example, the operating instructions for the air-conditioning of a subway car. If these two examples were contained in the same "record" I'd reasonably expect the agency to redact the sensitive language rather than refuse disclosure of the entire record

As a matter of fact, I have considerable reason to believe that said operation of the air-conditioning has been in a manner that is harmful to the lives and safety of new yorkers during an airborne pandemic that's already claimed the lives of several tens of thousands of said new yorkers. The disclosure of such information would likely contribute to the increased safety of new yorkers, and reduce disease related disrupts of all sorts in the system… including disruptions of the sort that have caused numerous sudden staffing shortages for the agency.

There are numerous reasons that I request a broader array of records than information about the climate control system only. This is an issue of great, however quiet, controversy where the public declarations of political figures are in great disagreement with the direct measurement of dozens of volunteers on the ground, and it's important to be in possession of the full breadth of circumstances that determine the operation of the system.

I am open to further narrowing the request if the agency records officers will provide guidance and suggestions as to what they can easily retrieve.

From: Metropolitan Transit Authority (MTA), New York City Transit

--- Please respond above this line ---

RE: FOIL Records Request Reference # R000094-061423.
Dear Alexander Riccio,
The NYS Metropolitan Transit Authority received a follow-up letter, dated August 24, 2023, revising your FOIL request.
Please note that this FOIL reference number has been closed. Please submit your revised FOIL request at this link: Submit FOIL Request. (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HQ8g8aTo3fruz6sNyHDNCrkfSOMmjC3pK0-2FZ4Qs7xR08xpth_il-2BizfmugJBZrhTpvFcDV4e3DFM94fQXCsUKzH1KJ1W3VryDXw4bO7gmMKdNhnIG5rywF0AqIdR6vzvdcxcu4loRFbnGQ9A0E9ytN6mQIPkYvuO2rjKLBf82bn-2BSYttorXFddKPq9x4ZzW0j6LOjWQQo9O4mfmxfjRXmQV78m8U4gibmlYrLMpUmqBV3EMu4FkH9wfSip9LRyW8eJXchA3aFCMCMMPudQgIhsybl9IFtpFUyTS8t05dhvCLG7ZPEXeH3msNG3Rorj10qzi3YlmSNlGtmyo2ChPlRiKDTt-2FSoFA-2F-2FIZefx0AQMP-2FQHWrJtWrFrGR6e0hS-2BUvCFo8NvRqSM98fXCqkYB2KNGeyf-2Fz-2FYfH5trp8eInmfqD-2F2OPA)
Sincerely,
NYS Metropolitan Transit Authority To monitor the progress or update this request please log into the FOIL Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HQ8g8aTo3fruz6sNyHDNCrmblCkjJOZYl1Idrz0oULClasWY5u6Dx6lMCFZhrA0xpA-3D-3DfoZL_il-2BizfmugJBZrhTpvFcDV4e3DFM94fQXCsUKzH1KJ1W3VryDXw4bO7gmMKdNhnIG5rywF0AqIdR6vzvdcxcu4loRFbnGQ9A0E9ytN6mQIPkYvuO2rjKLBf82bn-2BSYttorXFddKPq9x4ZzW0j6LOjWQQo9O4mfmxfjRXmQV78m8U4gibmlYrLMpUmqBV3EMu4FkH9wfSip9LRyW8eJXchA3aFCMCMMPudQgIhsybl9IF63Iaq8Dd-2BAtCwRzz3luwNfE8-2FH8jmKxgaR89HukyVeKpsoKtOTneVewE8zCoGtV6p9SYl8QD06oH5zsuwhlx58onDQcki4QFpHl2Y91hsUZHUDBx5pu36W3wYZ3cswGqCAKgVUgLFV2BGNt-2F598aJ)

From: ALEXANDER RICCIO

MTA has improperly closed this request based on the late date of review of the narrowing request, not based on the date the narrowing request was submitted.

From: Metropolitan Transit Authority (MTA), New York City Transit

You have sent an email to an unresponsive email account.
Please be advised that if you wish to submit a public records request, update an existing request, or check the status of an already submitted request, you should visit the Public Records Center.
Thank you
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY

From: ALEXANDER RICCIO

I believe it is unlikely that MTA will continue to engage with me on this request (R000094-061423), I am withdrawing it in favor of R001510-102523.

From: ALEXANDER RICCIO

You may also consider the appeal for this request (R000094-061423) also withdrawn under protest.

From: ALEXANDER RICCIO

Please remove requests@muckrock.com from this list.

It would be reasonable to remove all *requests.muckrock.com addresses from your lists. They exist purely to facilitate FOIL requests.

From:

https://click.info.mta.org/?qs=9281d3a12d644ed7d9e004008e29ee2c273573445acc7be99e7414a6dbe9326e0471385a2c90768c6772f9f9e7a002371d31a3a81dc6bf16bfdcbb0bd7910f18

https://view.info.mta.org/?qs=a17af96148563a38f8fdfa5264db0fc7f3c4336f8fdfe97c6e697dc807f544cc90214a3dd49e65b1787f057979850afe48edb81f47e9baa2bc493a625817d4f6608fe31fdf07933436dcae2167a77245
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Hi there,

We wanted to let you know that we've updated our
https://click.info.mta.org/?qs=014ab517b03ff0259d68ee6293698ae674f10ddbf42b472d09227921e07b2474e6ece114d38a2300a5a46fe4912664079f535998772aa3bc00d8f3eb4fbb105d
Privacy Policy , effective today. This includes changes to how we may collect and use your personal information, and your options for what we collect and how we use it.

Here's a brief overview of the changes:
- We've changed how we use location data that you may opt in to sharing within the TrainTime app.
- We've updated our policy on sharing personal information with our partners for promotional or research purposes.
- We've provided additional information about the location data that you may opt in to sharing within the new MTA app as part of the new optional "Smart Alerts" feature.
- We've provided information about when we may contact you by email, and how you can opt out of receiving messages from us.We encourage you to
https://click.info.mta.org/?qs=014ab517b03ff0259d68ee6293698ae674f10ddbf42b472d09227921e07b2474e6ece114d38a2300a5a46fe4912664079f535998772aa3bc00d8f3eb4fbb105d
read the full privacy policy .

Thank you for riding with us.

Metropolitan Transportation Authority
2 Broadway, New York, NY 10004

Please note that this is a legal notice, which is why you are receiving it even if you have opted out of receiving MTA marketing emails.

From: Muckrock Staff

To Whom It May Concern,

We are no longer pursuing this request: R000094-061423. Please consider this request withdrawn under protest.

Sincerely,

MuckRock Staff

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