F136 development program communication (OSD)

Jason Smathers filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 14-F-0464
Status
Completed

Communications

From: Jason Smathers

To Whom It May Concern:

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

All communication between the pentagon, OSD or other responsible agency and Rolls-Royce or any third party concerning the F136 development program including the stop work order and all communication concerning that order.

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,

Jason Smathers

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good morning Mr. Smathers,

This is an interim response to your Freedom of Information Act (FOIA) request for "communication between the pentagon, OSD or other responsible agency and Rolls-Royce or any third party concerning the F136 development program including the stop work order and all communication concerning that order." Your request was received in this office and assigned FOIA case number 14-F-0464.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1,554 open requests.

Concerning your request to be considered as a representative of the news media, you explain that "the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com." Although you may have the means to disseminate records to the public through your association with MuckRock, your request has not clearly shown how you intend to use your editorial skills to turn the records requested into a distinct work and distribute that to the public. Accordingly, I have determined that you should be placed in the "other" category for fee purposes as you have indicated that you do not seek access to these records for commercial purposes. The "other" fee category affords you two hours of search time and 100 pages of duplication free of charge. As you requested, you will be contacted with a fee estimate in advance of the government incurring costs beyond the first two free hours of search time.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when “disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public’s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criteria of a public interest fee waiver as described in the previous paragraph.

I am the action officer assigned to your request and can be reached at either yasmeen.s.hargis.civ@mail.mil or (571) 372-0420. Please reference the case number indicated above in all correspondence with this office.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this email, should cite case number 14-F-0464, and should be clearly marked "Freedom of Information Act Appeal."

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good morning Mr. Smathers,

The component searching for responsive records requests further information from you regarding the focus of your request, in order to avoid a burdensome search/review that will potentially generate excessive costs. In particular, the request appears very broad with language about "all communication...concerning the F136 development program including the stop work order and all communication concerning that order." The search would be more reasonable in scope if you agree to narrow it to the portion concerning the stop work order and provide a time frame for the records desired.

Please let me know whether you agree to narrow the request and provide a time frame.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good afternoon Mr. Smathers,

At this time, the component is unable to proceed with search without your agreement to narrow the search and/or provide a time frame for the records requested. Due to the potential volume of records requested, the component has indicated that the search will involve archived records and is likely to considerably exceed the two free hours of search you would receive as an "other" category requester.

If we do not hear from you by close of business 13 March, we will presume you are no longer interested in pursuing this request and your request will be closed.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480

From: Jason Smathers

I agree to the narrowing of the search to the stop work order and communication concerning that order.

From: Hargis, Yasmeen S CIV WHS ESD (US)

Thank you, Mr. Smathers. I've asked the component to proceed with search according to the new scope.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good morning Mr. Smathers,

The estimated date of completion for your request is May 6, 2014. Please understand this is an estimate.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good morning Mr. Smathers,

My apologies for the delay in responding to you. The component office is still working on your request, which is now past the original estimated completion date of May 6. I am working with them to obtain either search results or an updated estimated completion date, and will let you know as soon as a date is set. At this point, with their current case backlog, I estimate it will take another 3-4 weeks.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good morning Mr. Smathers,

The component continues to search for responsive records. They are still working with a backlog so it may be another 1-2 months.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Hargis, Yasmeen S CIV WHS ESD (US)

Good morning Mr. Smathers,

I have moved to a different team. The current action officer working your request is Ms. Danaeka Spear.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480

From: MuckRock

Hello,

Please provide an update as to the status of this request.

Thank you.

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Spear, Danaeka L CIV WHS ESD (US)

Mr. Smathers,

Good Morning. My name is Danaeka Spear and I am the current action officer for your request. I am currently following up with the offices which may hold records responsive to your request. As soon as I receive a response back from them, I will provide you with a new estimated time of completion.

Thank you,

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff
Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

From: Spear, Danaeka L CIV WHS ESD (US)

Mr. Smathers,

I have spoken with the office that may hold records responsive to your request. They are still processing your request. Your new estimated time of completion is October 15, 2014.

Thank you,

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff
Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Spear, Danaeka L CIV WHS ESD (US)

Good Morning,

I have spoken with the office that may hold records responsive to your request. They are still processing your request. Your new estimated time of completion is October 31, 2014.

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff
Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

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 Feb. 14, 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 #14-F-0464.

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning,

I am the new action officer for request number 14-F-0464. The records are currently under review. We anticipate review to be finished by May 15, 2015 and we will respond to you at that time.

Respectfully,
Adrianne

Mrs. Adrianne C. Blake
Government Information Specialist
for Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division
OSD/JS FOIA Office
adrianne.c.blake.civ@mail.mil

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning,

There is no change to my response of December 16, 2014.

I appreciate your patience and understanding in this matter.

Respectfully,

Mrs. Adrianne C. Blake
Government Information Specialist
for Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division
OSD/JS FOIA Office
adrianne.c.blake.civ@mail.mil

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning,

There is no change to my response of March 6, 2015.

I appreciate your patience and understanding in this matter.

Thank you.

Adrianne C. Blake, Government Information Specialist
For Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning,

The records are currently under review. The new estimated completion date is August 15, 2015, and is subject to change. Once review is complete, we will provide a formal response to you at that time.

Thank you.

Adrianne C. Blake, Government Information Specialist
For Stephanie L. Carr, Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning,

There is no change to my response of May 14, 2015.

I appreciate your patience and understanding in this matter.

Thank you.

Adrianne C. Blake, Government Information Specialist
For Adrienne Santos on behalf of
Stephanie L. Carr, Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428

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 Feb. 14, 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 #14-F-0464.

Thank you for your help.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning:

The records are currently under review. The new estimated completion date is October 15, 2015, and is subject to change. Once review is complete, we will provide a formal response to you at that time.

Sincerely,

Adrianne C. Blake, Government Information Specialist
For Adrienne Santos on behalf of
Stephanie L. Carr, Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0428

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 Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning,

There is no change to my response of August 26, 2015.

I appreciate your patience and understanding in this matter.

Sincerely,

Adrianne C. Blake, Government Information Specialist
For Adrienne Santos on behalf of
Stephanie L. Carr, Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0428

From: Blake, Adrianne C CIV WHS ESD (US)

Good Morning:

Mr. Sean Porter is the FOIA action officer currently assigned to request 14-F-0464. Please direct your inquiries to sean.m.porter27.ctr@mail.mil, Cced on this email.

Thank you.

Adrianne C. Blake, Government Information Specialist
For Adrienne Santos on behalf of
Stephanie L. Carr, Chief, Office of Freedom of Information
Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428

January 25, 2016
Department of Defense, Office of the Secretary of Defense Office of the Secretary of Defense OSD/JS FOIA Requester Service Center Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

This is a follow up to request number 14-F-0464:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Dec. 25, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Nov. 25, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Oct. 26, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Sept. 25, 2015:
Good Morning,

There is no change to my response of August 26, 2015.

I appreciate your patience and understanding in this matter.

Sincerely,

Adrianne C. Blake, Government Information Specialist For Adrienne Santos on behalf of Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0428
---
On Sept. 25, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Aug. 26, 2015:
Good Morning:

The records are currently under review. The new estimated completion date is October 15, 2015, and is subject to change. Once review is complete, we will provide a formal response to you at that time.

Sincerely,

Adrianne C. Blake, Government Information Specialist For Adrienne Santos on behalf of Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0428
---
On Aug. 14, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On June 15, 2015:
Good Morning,

There is no change to my response of May 14, 2015.

I appreciate your patience and understanding in this matter.

Thank you.

Adrianne C. Blake, Government Information Specialist For Adrienne Santos on behalf of Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428
---
On June 15, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On May 14, 2015:
Good Morning,

The records are currently under review. The new estimated completion date is August 15, 2015, and is subject to change. Once review is complete, we will provide a formal response to you at that time.

Thank you.

Adrianne C. Blake, Government Information Specialist For Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428
---
On May 6, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On April 6, 2015:
Good Morning,

There is no change to my response of March 6, 2015.

I appreciate your patience and understanding in this matter.

Thank you.

Adrianne C. Blake, Government Information Specialist For Suzanne Council on behalf of M.L. Wahling, Acting Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
---
On April 6, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On March 6, 2015:
Good Morning,

There is no change to my response of December 16, 2014.

I appreciate your patience and understanding in this matter.

Respectfully,

Mrs. Adrianne C. Blake
Government Information Specialist
for Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division OSD/JS FOIA Office adrianne.c.blake.civ@mail.mil
---
On March 2, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Dec. 16, 2014:
Good Morning,

I am the new action officer for request number 14-F-0464. The records are currently under review. We anticipate review to be finished by May 15, 2015 and we will respond to you at that time.

Respectfully,
Adrianne

Mrs. Adrianne C. Blake
Government Information Specialist
for Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division OSD/JS FOIA Office adrianne.c.blake.civ@mail.mil
---
On Dec. 15, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Nov. 14, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Oct. 15, 2014:
Good Morning,

I have spoken with the office that may hold records responsive to your request. They are still processing your request. Your new estimated time of completion is October 31, 2014.

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
---
On Oct. 15, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Sept. 9, 2014:
Mr. Smathers,

I have spoken with the office that may hold records responsive to your request. They are still processing your request. Your new estimated time of completion is October 15, 2014.

Thank you,

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
---
On Sept. 8, 2014:
Mr. Smathers,

Good Morning. My name is Danaeka Spear and I am the current action officer for your request. I am currently following up with the offices which may hold records responsive to your request. As soon as I receive a response back from them, I will provide you with a new estimated time of completion.

Thank you,

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
---
On Sept. 8, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Aug. 8, 2014:
Hello,

Please provide an update as to the status of this request.

Thank you.
---
On Aug. 8, 2014:
Good morning Mr. Smathers,

I have moved to a different team. The current action officer working your request is Ms. Danaeka Spear.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480
---
On Aug. 8, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On July 9, 2014:
Good morning Mr. Smathers,

The component continues to search for responsive records. They are still working with a backlog so it may be another 1-2 months.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480
---
On July 2, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On June 2, 2014:
Good morning Mr. Smathers,

My apologies for the delay in responding to you. The component office is still working on your request, which is now past the original estimated completion date of May 6. I am working with them to obtain either search results or an updated estimated completion date, and will let you know as soon as a date is set. At this point, with their current case backlog, I estimate it will take another 3-4 weeks.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480
---
On May 16, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On April 16, 2014:
Good morning Mr. Smathers,

The estimated date of completion for your request is May 6, 2014. Please understand this is an estimate.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On April 13, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On March 14, 2014:
Thank you, Mr. Smathers. I've asked the component to proceed with search according to the new scope.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On March 13, 2014:
I agree to the narrowing of the search to the stop work order and communication concerning that order.
---
On March 10, 2014:
Good afternoon Mr. Smathers,

At this time, the component is unable to proceed with search without your agreement to narrow the search and/or provide a time frame for the records requested. Due to the potential volume of records requested, the component has indicated that the search will involve archived records and is likely to considerably exceed the two free hours of search you would receive as an "other" category requester.

If we do not hear from you by close of business 13 March, we will presume you are no longer interested in pursuing this request and your request will be closed.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On March 5, 2014:
Good morning Mr. Smathers,

The component searching for responsive records requests further information from you regarding the focus of your request, in order to avoid a burdensome search/review that will potentially generate excessive costs. In particular, the request appears very broad with language about "all communication...concerning the F136 development program including the stop work order and all communication concerning that order." The search would be more reasonable in scope if you agree to narrow it to the portion concerning the stop work order and provide a time frame for the records desired.

Please let me know whether you agree to narrow the request and provide a time frame.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On Feb. 21, 2014:
Good morning Mr. Smathers,

This is an interim response to your Freedom of Information Act (FOIA) request for "communication between the pentagon, OSD or other responsible agency and Rolls-Royce or any third party concerning the F136 development program including the stop work order and all communication concerning that order." Your request was received in this office and assigned FOIA case number 14-F-0464.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1,554 open requests.

Concerning your request to be considered as a representative of the news media, you explain that "the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com." Although you may have the means to disseminate records to the public through your association with MuckRock, your request has not clearly shown how you intend to use your editorial skills to turn the records requested into a distinct work and distribute that to the public. Accordingly, I have determined that you should be placed in the "other" category for fee purposes as you have indicated that you do not seek access to these records for commercial purposes. The "other" fee category affords you two hours of search time and 100 pages of duplication free of charge. As you requested, you will be contacted with a fee estimate in advance of the government incurring costs beyond the first two free hours of search time.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when “disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public’s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criteria of a public interest fee waiver as described in the previous paragraph.

I am the action officer assigned to your request and can be reached at either yasmeen.s.hargis.civ@mail.mil or (571) 372-0420. Please reference the case number indicated above in all correspondence with this office.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this email, should cite case number 14-F-0464, and should be clearly marked "Freedom of Information Act Appeal."

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On Feb. 14, 2014:
To Whom It May Concern:

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

All communication between the pentagon, OSD or other responsible agency and Rolls-Royce or any third party concerning the F136 development program including the stop work order and all communication concerning that order.

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,

Jason Smathers

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

For mailed responses, please address (see note):
MuckRock
DEPT MR 523
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

<http://email.requests.muckrock.com/o/eJwNjrsOwyAMAL-mbFjYMaEMfEtlXgpqSCqURurfl-luuOFysHZVLZDB1SBZNGYa4ALOIuGDjUdaXJaqPUvSzIQ6Jle1xZjZEfrCBT7jviD_jhPGBVsZ5_sL6exqC14Ec42YBNlXE93Txmh8itXbpUhSM-uvlgORYSI1guTR5DgKJIi7vCfbPT-6tB162__bFDRf>

From: Porter, Sean M CTR (US)

Good morning,

I am the new action officer working your request. Due to ongoing review, the current estimated date of completion for your request is 31 March 2016. Please be assured that your request is being worked and I will be in touch when it is complete.

Thanks,

Sean Porter
FOIA Specialist
QualX Corporation
DoD/WHS/ESD
(571) 372-0421
sean.m.porter27.ctr@mail.mil

January 25, 2016
Department of Defense, Office of the Secretary of Defense Office of the Secretary of Defense OSD/JS FOIA Requester Service Center Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155

This is a follow up to request number 14-F-0464:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Dec. 25, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Nov. 25, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Oct. 26, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Sept. 25, 2015:
Good Morning,

There is no change to my response of August 26, 2015.

I appreciate your patience and understanding in this matter.

Sincerely,

Adrianne C. Blake, Government Information Specialist For Adrienne Santos on behalf of Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0428
---
On Sept. 25, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thanks for your help, and let me know if further clarification is needed.

---
On Aug. 26, 2015:
Good Morning:

The records are currently under review. The new estimated completion date is October 15, 2015, and is subject to change. Once review is complete, we will provide a formal response to you at that time.

Sincerely,

Adrianne C. Blake, Government Information Specialist For Adrienne Santos on behalf of Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, D.C. 20301-1155
(571) 372-0428
---
On Aug. 14, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On June 15, 2015:
Good Morning,

There is no change to my response of May 14, 2015.

I appreciate your patience and understanding in this matter.

Thank you.

Adrianne C. Blake, Government Information Specialist For Adrienne Santos on behalf of Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428
---
On June 15, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On May 14, 2015:
Good Morning,

The records are currently under review. The new estimated completion date is August 15, 2015, and is subject to change. Once review is complete, we will provide a formal response to you at that time.

Thank you.

Adrianne C. Blake, Government Information Specialist For Stephanie L. Carr, Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
(571) 372-0428
---
On May 6, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On April 6, 2015:
Good Morning,

There is no change to my response of March 6, 2015.

I appreciate your patience and understanding in this matter.

Thank you.

Adrianne C. Blake, Government Information Specialist For Suzanne Council on behalf of M.L. Wahling, Acting Chief, Office of Freedom of Information Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center
1155 Defense Pentagon
Washington, DC 20301-1155
---
On April 6, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On March 6, 2015:
Good Morning,

There is no change to my response of December 16, 2014.

I appreciate your patience and understanding in this matter.

Respectfully,

Mrs. Adrianne C. Blake
Government Information Specialist
for Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division OSD/JS FOIA Office adrianne.c.blake.civ@mail.mil
---
On March 2, 2015:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Dec. 16, 2014:
Good Morning,

I am the new action officer for request number 14-F-0464. The records are currently under review. We anticipate review to be finished by May 15, 2015 and we will respond to you at that time.

Respectfully,
Adrianne

Mrs. Adrianne C. Blake
Government Information Specialist
for Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division OSD/JS FOIA Office adrianne.c.blake.civ@mail.mil
---
On Dec. 15, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Nov. 14, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Oct. 15, 2014:
Good Morning,

I have spoken with the office that may hold records responsive to your request. They are still processing your request. Your new estimated time of completion is October 31, 2014.

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
---
On Oct. 15, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Sept. 9, 2014:
Mr. Smathers,

I have spoken with the office that may hold records responsive to your request. They are still processing your request. Your new estimated time of completion is October 15, 2014.

Thank you,

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
---
On Sept. 8, 2014:
Mr. Smathers,

Good Morning. My name is Danaeka Spear and I am the current action officer for your request. I am currently following up with the offices which may hold records responsive to your request. As soon as I receive a response back from them, I will provide you with a new estimated time of completion.

Thank you,

Danaeka Spear
Senior Advisor
Office of the Secretary of Defense and Joint Staff Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
---
On Sept. 8, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On Aug. 8, 2014:
Hello,

Please provide an update as to the status of this request.

Thank you.
---
On Aug. 8, 2014:
Good morning Mr. Smathers,

I have moved to a different team. The current action officer working your request is Ms. Danaeka Spear.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480
---
On Aug. 8, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On July 9, 2014:
Good morning Mr. Smathers,

The component continues to search for responsive records. They are still working with a backlog so it may be another 1-2 months.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480
---
On July 2, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On June 2, 2014:
Good morning Mr. Smathers,

My apologies for the delay in responding to you. The component office is still working on your request, which is now past the original estimated completion date of May 6. I am working with them to obtain either search results or an updated estimated completion date, and will let you know as soon as a date is set. At this point, with their current case backlog, I estimate it will take another 3-4 weeks.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
OSD/JS FOIA Requester Service Center
P: (571) 372-0420
F: (571) 372-0480
---
On May 16, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On April 16, 2014:
Good morning Mr. Smathers,

The estimated date of completion for your request is May 6, 2014. Please understand this is an estimate.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On April 13, 2014:
To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 14, 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 #14-F-0464.

Thank you for your help.

---
On March 14, 2014:
Thank you, Mr. Smathers. I've asked the component to proceed with search according to the new scope.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On March 13, 2014:
I agree to the narrowing of the search to the stop work order and communication concerning that order.
---
On March 10, 2014:
Good afternoon Mr. Smathers,

At this time, the component is unable to proceed with search without your agreement to narrow the search and/or provide a time frame for the records requested. Due to the potential volume of records requested, the component has indicated that the search will involve archived records and is likely to considerably exceed the two free hours of search you would receive as an "other" category requester.

If we do not hear from you by close of business 13 March, we will presume you are no longer interested in pursuing this request and your request will be closed.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On March 5, 2014:
Good morning Mr. Smathers,

The component searching for responsive records requests further information from you regarding the focus of your request, in order to avoid a burdensome search/review that will potentially generate excessive costs. In particular, the request appears very broad with language about "all communication...concerning the F136 development program including the stop work order and all communication concerning that order." The search would be more reasonable in scope if you agree to narrow it to the portion concerning the stop work order and provide a time frame for the records desired.

Please let me know whether you agree to narrow the request and provide a time frame.

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On Feb. 21, 2014:
Good morning Mr. Smathers,

This is an interim response to your Freedom of Information Act (FOIA) request for "communication between the pentagon, OSD or other responsible agency and Rolls-Royce or any third party concerning the F136 development program including the stop work order and all communication concerning that order." Your request was received in this office and assigned FOIA case number 14-F-0464.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1,554 open requests.

Concerning your request to be considered as a representative of the news media, you explain that "the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com." Although you may have the means to disseminate records to the public through your association with MuckRock, your request has not clearly shown how you intend to use your editorial skills to turn the records requested into a distinct work and distribute that to the public. Accordingly, I have determined that you should be placed in the "other" category for fee purposes as you have indicated that you do not seek access to these records for commercial purposes. The "other" fee category affords you two hours of search time and 100 pages of duplication free of charge. As you requested, you will be contacted with a fee estimate in advance of the government incurring costs beyond the first two free hours of search time.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when “disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public’s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criteria of a public interest fee waiver as described in the previous paragraph.

I am the action officer assigned to your request and can be reached at either yasmeen.s.hargis.civ@mail.mil or (571) 372-0420. Please reference the case number indicated above in all correspondence with this office.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this email, should cite case number 14-F-0464, and should be clearly marked "Freedom of Information Act Appeal."

Thank you,
Yasmeen Hargis
FOIA Analyst
Office of Freedom of Information
P: (571) 372-0420
F: (571) 372-0480
---
On Feb. 14, 2014:
To Whom It May Concern:

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

All communication between the pentagon, OSD or other responsible agency and Rolls-Royce or any third party concerning the F136 development program including the stop work order and all communication concerning that order.

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,

Jason Smathers

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

For mailed responses, please address (see note):
MuckRock
DEPT MR 523
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

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From: Department of Defense, Office of the Secretary of Defense

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

From: Department of Defense, Office of the Secretary of Defense

A copy of documents responsive to the request.

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