First FOIA (National Oceanic and Atmospheric Administration)

Emma Best filed this request with the National Oceanic and Atmospheric Administration of the United States of America.
Tracking #

NARA-NGC-2019-000480

Multi Request First FOIA
Status
Rejected

Communications

From: Emma Best

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

*Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include:
1. The instruction to do so from the Agency, as well as any guidance from the senior leadership
2. Documents discussing proposals and procedures
3. Any legal guidance or analysis produced or acquired by the Agency in response to or as part of the creation of the FOIA office
4. Internal documents from the press office, legislative liaison's office (or equivalent), general counsel's office (or equivalent), director's office (or equivalent) or the newly created FOIA office, reacting to or characterizing the office and it's creation

* A copy of the agency's first perfected (successful) FOIA request

* Copies of other FOIA requests filed before the FOIA request described above

* Processing notes, search slips and response documents regarding the FOIA requests described above

* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA requests

* A copy of the agency's first successful FOIA appeal

* Copies of other FOIA appeals received by the agency before the appeal described above

* Processing notes, search slips and response documents regarding the FOIA appeals described above

* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA appeals

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,

Emma Best

From: National Oceanic and Atmospheric Administration

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2019-000480&type=request)
* Tracking Number: NARA-NGC-2019-000480
* Requester Name: Emma Best
* Date Submitted: 05/22/2019
* Request Status: Submitted
* Description: Please See attachment for description

From: National Oceanic and Atmospheric Administration

Your request for Fee Waiver for the FOIA request NARA-NGC-2019-000480 has been denied. Additional details for this request are as follows:
* Request Created on: 05/22/2019
* Request Description: Please See attachment for description
* Fee Waiver Original Justification: As my primary purpose is to inform about government activities by
reporting on it and making the raw data available, I request that fees
be waived.
* Fee Waiver Disposition Reason: This request is a duplicate of the same fee waiver request submitted with duplicate FOIA request NARA-NGC-2019-000479 that was exported out of FOIAonline and referred to NARA Research Services, Special Access and FOIA. That office will determine any fee waiver. Please note that requester is seeking archival records, and NARA is authorized by separate statute 44 USC 2116(c) to charge a fee for copying archival records. Archival records are exempt from the FOIA fee waiver provisions per 5 USC 552(a)(4)(A)(vi). See also 36 CFR Section 1250.51. Requester also has not established that she uses her editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience as required by National Security Archive v. DOD, 880 F2d 1381, 1387 (D.C.Cir 1989). Making information available to the public on the internet does not qualify a person as a member of the "news media." Id. She attached no examples of her work.

From: National Oceanic and Atmospheric Administration

NARA-NGC-2019-000480 has been processed with the following final disposition: Duplicate Request.

This is a duplicate of NARA-NGC-2019-000479 that was exported out of FOIAonline and referred to NARA's Research Services, Office of Special Access and FOIA.  That office handles FOIA requests for archival records, and will respond directly to the the requester.

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