CBP UAV docs

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.
Tracking # CBP-2014-030726
Status
Completed

Communications

From: Shawn Musgrave

Bureau of Customs and Border Protection
Bureau of Customs and Border Protection
FOIA Officer
90 K Street NE, 9th Floor
Washington, D.C. 20229-1181

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request
the following records:

All responsive documents from CBP2012FOIA16372.

I also request that, if appropriate, fees be waived as I believe this
request is in the public interest. The requested documents will be made
available to the general public free of charge as part of the public
information service at MuckRock.com, processed by a representative of the
news media/press and is made in the process of news gathering and not for
commercial usage.

In the event that fees cannot be waived, 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 20 business
days, as the statute requires.

Sincerely,

Shawn Musgrave

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 6521
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed
(i.e., with the requester's name rather than MuckRock News) requests might
be returned by the USPS as undeliverable.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Shawn Musgrave

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Shawn Musgrave

Hello,

A copy of the below appeal for constructive denial has been sent to the indicated address. The CBP FOIA staff has repeatedly failed to acknowledge faxed requests. Please be advised that I will continue to appeal requests where CBP fails to provide acknowledgement or a tracking number, per its obligations under FOIA.

Respectfully,

Shawn Musgrave
MuckRock

==========

FOIA Appeals, Policy and Litigation Branch
U.S. Customs and Border Protection
90 K Street, NE, Washington, D.C. 20229

April 14, 2014

To Whom It May Concern:

This is an appeal of constructive denial for the request below.

This request has not been acknowledged since it was submitted on Jan. 10, 2014. Diagnostic records show that it was sent to the correct fax number and arrived there, as did followups sent on February 10 and March 13.

CBP has failed repeatedly to honor its obligations under FOIA to respond to or even acknowledged requests I have submitted by fax. I request that CBP process this request without delay.

Thank you,

Shawn Musgrave

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: CBPFOIA@cbp.dhs.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2802a23c2)
* Tracking Number: CBP-2014-030726
* Requester Name: Shawn Musgrave
* Date Submitted: 06/09/2014
* Request Status: Submitted
* Description:
"All responsive documents from CBP2012FOIA16372"

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-030726.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-030726.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2014-030726.

Thank you for your help.

From: CBPFOIA@cbp.dhs.gov

The FOIA request CBP-2014-030726 has had its Tracking Number changed to CBP-AP-2014-030726. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number:
CBP-2014-030726
* New Tracking Number:
CBP-AP-2014-030726
* Requester Name:
Shawn Musgrave
* Date Submitted:
06/09/2014
* Long Description:
"All responsive documents from CBP2012FOIA16372"

From: CBPFOIA@cbp.dhs.gov

The FOIA request CBP-AP-2014-030726 has had its Tracking Number changed to CBP-2014-030726. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number:
CBP-AP-2014-030726
* New Tracking Number:
CBP-2014-030726
* Requester Name:
Shawn Musgrave
* Date Submitted:
06/09/2014
* Long Description:
"All responsive documents from CBP2012FOIA16372"

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number # CBP-2014-030726 ; CBP-AP-2014-030726 ; CBP-2014-030726.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number # CBP-2014-030726 ; CBP-AP-2014-030726 ; CBP-2014-030726.

Thank you for your help.

From: CBPFOIA@cbp.dhs.gov

Your request for Fee Waiver for the FOIA request CBP-2014-030726 has been
denied.
Additional details for this request are as follows:
* Request Created on:
06/09/2014
* Request Long Description:
"All responsive documents from CBP2012FOIA16372"

From: CBPFOIA@cbp.dhs.gov

Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. (https://foiaonline.regulations.gov:443/foia/action/public/home?objectId=090004d2802a23c2)

From: Shawn Musgrave

Hello,

The attached letter dated December 3, 2014 indicates that the present FOIA request CBP-2014-030726 is inadequately descriptive. Respectfully, this is a baffling determination, in that the present request is simply for responsive documents sent for a previous FOIA request, CBP2012FOIA16372. I have submitted dozens of requests for responsive documents for previous FOIA requests to other federal agencies without any similar issue or the considerable delay CBP FOIA staff have caused in this case.

Please advise whether I will need to open yet another appeal for the present FOIA request, or if CBP FOIA staff will conduct a good faith search for responsive documents as required under the federal FOIA statute.

Respectfully,
Shawn Musgrave
MuckRock

From: SUZUKI, SHARI

Mr. Musgrave,

This is the case where you asked for a copy of the documents released in CBP2012FOIA16372. I remember this case because it came in as an appeal – but I looked in the system and could not find the initial request. I determined that CBP had never received the initial request – so I opened the initial request (and there was some internal confusion because usually any case with an “AP” on it is an appeal – while this one was an initial request)(it is just the way the FOIAOnline system works – anything I open gets an “AP” attached to it).

Anyhow, it looks like FOIADivision responded to your request in early December stating that the request did not adequately describe the records requested. While I agree with them that the case numbering you cited does not look right – when I looked for a case from 2012 that ended in “16372” I did locate a case. I can see that it is a request filed by an immigration attorney on behalf of his client asking for any travel or apprehension records. That does not sound like something I normally see you asking for – so I just wanted to check to make sure we are on the same page. I have no problem opening up an appeal for you based on your email from today – but I am concerned you are actually asking for something else?

Just let me know how you’d like me to proceed.
Regards,
Shari

Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

From: Shawn Musgrave

Ms. Suzuki -

Thank you for getting back to me so quickly. I see from my notes that I included the incorrect FOIA tracking number in my request, a simple administrative error I could easily have fixed had CBP FOIA staff gotten in contact in a timely manner.

Please process this request with regard to responsive documents provided for FOIA 2012F30132.

Thank you, and please let me know if I can provide any further details.

Respectfully,
Shawn Musgrave
MuckRock

From: SUZUKI, SHARI

Mr. Musgrave,

OK – that makes more sense – you are asking for a copy of the records CBP released in response to the request from Andrew Becker of the Center for Investigative Reporting for “all policy, guidelines, regulations, standard operating procedures on the use of unmanned aerial systems by Customs and Border Protection and any and all agency components.”

I am not totally opposed to taking this as an appeal (even though technically your initial request to FOIA Division asked for a completely different case)(technically, I should make you file a new request). I do have a feeling that the file from 2012 has already been shipped offsite to storage – so let me check with FOIADivision to see how long it will take to get the file.
Regards,
Shari

Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

From: Shawn Musgrave

Ms. Suzuki -

I appreciate your help in this matter. Please let me know if I can provide any further details for this request.

Best,
Shawn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number # CBP-2014-030726 ; CBP-AP-2014-030726 ; CBP-2014-030726.

Thank you for your help.

From: SUZUKI, SHARI

Mr. Musgrave,

I have not received the file from FOIA Division (who had to pull the 2013 file from archives). I just contacted them again asking about the file. I hope to receive it soon.
Regards,
Shari

Shari Suzuki, Chief
FOIA Appeals, Policy & Litigation Branch
Regulations and Disclosure Law Division
Office of International Trade
U.S. Customs & Border Protection
90 K Street NE
Washington DC 20229-1177
Direct Dial 202.325.0121
Fax 202.325.0153

From: Bureau of Customs and Border Protection

A cover letter granting the request and outlining any exempted materials, if any.

From: Bureau of Customs and Border Protection

A copy of documents responsive to the request.

Files

pages

Close