FAA DAPL Protest

Anon Fire filed this request with the Federal Aviation Administration of the United States of America.
Tracking # 2017-001093
Status
Completed

Communications

From: Patrick Mackie

To Whom It May Concern:

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

Any and all communications (such as, but not limited to: emails, notes, letters, etc.) between the FAA (and any person representing the FAA) and any and every law enforcement agency (federal, local, and state) involving the placement of the flight restriction over what has been referred to in the news as the DAPL protest. Below is an article that gives further reference to what records I am seeking.

"The FAA put the TFR in place at the request of state, local and federal officials for law enforcement activities," FAA spokeswoman Elizabeth Cory said

http://bismarcktribune.com/news/local/mandan/faa-issues-flight-restrictions-over-dapl-protest/article_0c270b54-73ff-5ea0-a626-153b33bac828.html

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 20 business days, as the statute requires.

Sincerely,

Patrick Mackie

From:

Dear Mr. Mackie,

Your request has been assigned within FAA Headquarters. Attached you will find an Acknowledgement letter with the contact information for the office(s) responding.

From:

Good Afternoon Mr. Mackie,

My office has been assigned your FOIA Request number 2017-001093. Your request stated that you would like to be informed of any fees that are possible for your request. Two hours of search time are free for your request. However, after the two hour search time has been exhausted, you will incur fees for every extra hour searched. Search fees are $85 per hour. As I do not know yet how long this search may take, I wanted you to be aware of the potential fees. You can reduce the chance of getting an invoice by reducing the scope of your request. I will inform you of the estimated search time before we begin the search.

Thank you,

Tiffany Byrd
FOIA & OIG
System Operations Services, AJR-0
Tiffany.ctr.byrd@faa.gov<mailto:Tiffany.ctr.byrd@faa.gov>
P: 202-267-0531

From:

Good Morning Mr. Mackie,

I am the coordinator working on your FOIA request # 2017-001093. After collecting the information requested, we have determined that consultation is required before releasing the records. As this can take some time, I would like your consent to push the due date for your FOIA to January 31st. We will of course work to try to get the requested information to you sooner than that date.

Thank you,

Tiffany Byrd
FOIA & OIG
System Operations Services, AJR-0
Tiffany.ctr.byrd@faa.gov<mailto:Tiffany.ctr.byrd@faa.gov>

From: Patrick Mackie

You have my consent to push the due date for for this FOIA request to January 31st 2017. I respect the timely response as I understand the potential multi-agency consultation to process this FOIA request.

Thank you,

Patrick

From:

Good Morning Mr. Mackie,

I wanted to update you on your FOIA request. All but one agency has finished their consult. I am still awaiting the consult from that one agency and I'm hoping to get a response from them sometime next month. Unfortunately that means we are going to request to extend your FOIA due date to the end of February. Once we get their response, it should be smooth sailing from there.

Thank you,

Tiffany Byrd
FOIA & OIG
System Operations Services, AJR-0
Tiffany.ctr.byrd@faa.gov<mailto:Tiffany.ctr.byrd@faa.gov>
P: 202-267-0531

From:

Good Morning Mr. Mackie,

I am still awaiting a release determination from an outside agency. Unfortunately it seems that they have a bit of a backlog and are getting to it as quickly as possible on their end. I'm not exactly sure when they will have a response to us, although I've emailed them twice every week. I sent out another checkup email yesterday morning. I'd like to push the due date to the end of February. I'm so sorry that this is taking so long and that it most certainly is an inconvenience to you, but I do not have control over other agencies FOIA departments. If I did this would have gone much faster.

Thank you,
Tiffany

From:

Also Mr. Mackie, Please inform Mr. Koebler that the same applies to his FOIA request # 2017-002445. I've emailed him several times but he has not responded.
Thank you
Tiffany

From: Patrick Mackie

I'm not sure who Mr.Koebler is. I'm using a site to submit FOIAs through that makes it easier to manage. People who use Muckrock to submit requests often don't know each other. Each individual who submits a request through Muckrock is different. Some people don't respond and just wait for the responsive documents or they forget they sent it out. It really varies.

Thank you for your help so far.

From:

Ahhhhhh okay that makes much more sense now. Thank you for explaining that to me.

From: Patrick Mackie

Yup! Depending on the requests privacy status you can read the request on Muckrock.com to make sure your email was received by the individual. You can search by agency as well to see all requests who aren't private that are submitted through Muckrock.

Thanks! No problem.

- Patrick

From:

Good Morning Mr. Mackie,
Unfortunately we are still waiting consultation responses for this request pursuant to DOT regulation 49 CFR Subpart A (7.28a) which states that "the release of a DOT created record covered by this subpart would be of concern to DOT and one or more other Federal agencies, the determination as to release is made by DOT, but only after consultation with the other concerned agency." Because of this, we have to wait for a response and cannot release records without one. We can also not compel an outside agency to respond faster as they themselves have to take FOIAs and consultations in the order that they are received. If they have a backlog of FOIAs (which is likely the case) we could be waiting until the end of this year.
Thank you,
Tiffany

From:

Good Morning Mr. Mackie,
We are still awaiting a response on a consultation request for your FOIA.
Thank you,
Tiffany

From:

Good Morning Mr. Mackie,
As previously noted, your request required consultation with outside agencies and is therefore still in consult mode. As all government agencies, in general, have backlog of FOIA, your request is unfortunately still pending. As noted on March 2, we cannot release information until after a consult has been completed. Because of the backlog with other agencies, the consultation we requested will be handled in the order in which they are received by the outside organization. As of now, we have not yet heard back and every estimated response date given to me by the other agency has been pushed back. At this moment, the agency has estimated a review within 60 days. That does not mean that we will actually get the response by then, it just means that they will begin reviewing by then. We apologize for the inconvenience, but unfortunately we have no control over how other agencies run their FOIA department.
Thank you,
Tiffany

From:

Mr. Mackie,
My response to you on May 5th still stands. We have not heard back on your consultation yet. Once we hear something, you will be notified.
Thank you,
Tiffany

From:

Good morning Mr. Mackie,
My response to you on June 5th still stands. We have not heard back on your consultation yet. Once we hear something, you will be notified.
Thank you,
Tiffany

From:

Good Morning Mr. Mackie,
We do not have an estimated completion date at this time. Your request is still in consult and we have no control over how long other agencies take to respond.
Thank you,
Tiffany

From:

Good Morning Mr. Mackie,

I have continued to follow up with the agencies involved in consultations for your FOIA request. I am currently only awaiting the response from one. I was informed by this last agency that a reviewer has finally begun the review of your requested material. It shouldn't be long now before we get a final response to you. While I cannot give you a definitive date, I am hoping we get a final response in the next month.

Thank you,
Tiffany

From:

Good Morning Mr. Mackie,

This email is in response to your FOIA request #2017-001093. Attached is the FAA's response to your FOIA request and its accompanying data file.

Thank you,

Tiffany Byrd
FOIA & OIG
System Operations Services, AJR-0
Tiffany.ctr.byrd@faa.gov<mailto:Tiffany.ctr.byrd@faa.gov>
P: 202-267-0531

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