Chief FOIA officer exemption 5 guidance (Food and Drug Administration)

Shawn Musgrave filed this request with the Food and Drug Administration of the United States of America.
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From: Shawn Musgrave

To Whom It May Concern:

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

Any guidance, memo, protocol, directive or other document (or segment of another document) written by or for the Chief FOIA/Privacy Officer that provides departmental application of FOIA exemption 5 from 1990 to the day this request is processed.

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, 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.


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 Oct. 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Kotler, Sarah

Dear Shawn Musgrave,

We have received your fax regarding a FOIA request you attempted to submit on October 10. FDA's FOIA office was closed at that time due to a lapse in appropriations. No faxes were received between October 1 and October 16. Please also note that if you are seeking records about the departmental application of Exemption 5, you will need to make this request to the Department of Health and Human Services FOIA Office. FDA does not create or distribute departmental policy.


Sarah Kotler, JD
Associate Director
Division of Freedom of Information
U.S. Food & Drug Administration
12420 Parklawn Drive, Room 1018
Rockville, MD 20857


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