FOIA outliers: queues, high volume procedures, FIFO exceptions + unusual circumstances (United States Customs and Border Protection)

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=CBP-2019-058037&type=request)
* Tracking Number: CBP-2019-058037
* Requester Name: Emma Best
* Date Submitted: 06/06/2019
* Request Status: Submitted
* Description: To Whom It May Concern:

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

* Documents describing or generated as part of the establishment of any different processing queues for FOIA requests

* Documents describing the rules and procedures governing any different processing FOIA queues

* Documents, produced in the previous 15 years, containing reports or statistics describing the FOIA processing queues

* Documents describing procedures for the handling or coordination of requests from high volume FOIA requesters

* Documents describing procedures, rules and prerequisites for any exceptions to processing requests in a "first in, first out" process

* Documents describing procedures and rules for the processing of especially complex or delicate FOIA requests

* Documents describing procedures and rules for the processing of 'high visibility' FOIA requests, such as those which are likely to elicit reactions from the media or the public

* Documents describing procedures and rules for the processing of FOIA requests from members of Congress and federal government agencies

* Documents describing procedures and rules for the processing of FOIA requests from non-federal law enforcement agencies

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

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/TheEmmaBest/71110/Fee20category20and20search20parameters_q49nDE6.pdf

The FOIA request - CBP-2019-058037 description has been modified. Additional details for this item are as follows:
* Tracking Number: CBP-2019-058037
* Requester: Emma Best
* Submitted Date: 06/06/2019
* Description: To Whom It May Concern:

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

* Documents describing or generated as part of the establishment of any different processing queues for FOIA requests

* Documents describing the rules and procedures governing any different processing FOIA queues

* Documents, produced in the previous 15 years, containing reports or statistics describing the FOIA processing queues

* Documents describing procedures for the handling or coordination of requests from high volume FOIA requesters

* Documents describing procedures, rules and prerequisites for any exceptions to processing requests in a "first in, first out" process

* Documents describing procedures and rules for the processing of especially complex or delicate FOIA requests

* Documents describing procedures and rules for the processing of 'high visibility' FOIA requests, such as those which are likely to elicit reactions from the media or the public

* Documents describing procedures and rules for the processing of FOIA requests from members of Congress and federal government agencies

* Documents describing procedures and rules for the processing of FOIA requests from non-federal law enforcement agencies

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

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/TheEmmaBest/71110/Fee20category20and20search20parameters_q49nDE6.pdf

Emma Best
MuckRock News, DEPT MR 74789
411A Highland Ave
Somerville, MA, 02144
06/10/2019
CBP-2019-058037
Dear Emma Best:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 06/06/2019 requesting the following:
* Documents describing or generated as part of the establishment of any different processing queues for FOIA requests
* Documents describing the rules and procedures governing any different processing FOIA queues
* Documents, produced in the previous 15 years, containing reports or statistics describing the FOIA processing queues
* Documents describing procedures for the handling or coordination of requests from high volume FOIA requesters
* Documents describing procedures, rules and prerequisites for any exceptions to processing requests in a "first in, first out" process
* Documents describing procedures and rules for the processing of especially complex or delicate FOIA requests
* Documents describing procedures and rules for the processing of 'high visibility' FOIA requests, such as those which are likely to elicit reactions from the media or the public
* Documents describing procedures and rules for the processing of FOIA requests from members of Congress and federal government agencies
* Documents describing procedures and rules for the processing of FOIA requests from non-federal law enforcement agencies
Please use the following unique FOIA tracking number CBP-2019-058037 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)
Provisions of the Act allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations)
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request.  Consistent with 6 C.F.R. Part 5 § 5.5(a) of the DHS FOIA regulations, CBP processes FOIA requests according to their order of receipt.  Although CBP’s goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances pursuant to 6 C.F.R. Part 5 § 5.5(c).
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)
Sincerely,
U.S. Customs and Border Protection

Your request for Fee Waiver for the FOIA request CBP-2019-058037 has been denied.

* 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:
Does not meet criteria per DHS regulations. You have not sufficiently proven your status as a preferred requester in order to qualify for a waiver of fees.

The FOIA
appeal
- CBP-AP-2020-023239 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2020-023239
* Requester: Emma Best
* Submitted Date: 01/03/2020
* Description:
appeals lack of response by FD.

The FOIA
appeal
- CBP-AP-2020-023239 description has been modified. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2020-023239
* Requester: Emma Best
* Submitted Date: 01/03/2020
* Description:
appeals lack of response by FD.

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Emma Best
MuckRock News, DEPT MR 74789
411A Highland Ave
Somerville, MA, 02144
05/28/2021
CBP-2019-058037
Dear Emma Best,
This is a final response to your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP), requesting documents describing FOIA Policy and Compliance.
CBP is granting your request under the FOIA, Title 5 U.S.C. § 552. Upon initial review of your request, we have determined that the following documents can be found on the internet at the following link:
https://www.dhs.gov/freedom-information-act-foia
This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your FOIAonline account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency’s FOIA process.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request. If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. Additional information can be found at the following link https://www.cbp.gov/document/guidance/exemption-definitions.
Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS), which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.
Please notate file number CBP-2019-058037 on any future correspondence to CBP related to this request.
Sincerely,
U.S. Customs and Border Protection

Emma Best:
Your letter dated May 31, 2021, was received in this office on August 3, 2021, wherein you appeal FOIA Division's determination under tracking number CBP-2019-058037. The tracking number assigned to your appeal is CBP-AP-2021-090495. Your appeal will be assigned to a member of the Appeals Office for processing. Please note that the correct zip code for mailing appeals is 20229-1177.
Sincerely,

Lynette Carter, FOIA Appeals

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CBP-2019-058037 has been processed with the following final disposition: Full Denial Based on Exemptions.