HardwareSecMods

MuckRock News
ATTN: Mr. Martin Peak
DEPT MR 19767
P.O. Box 55819
Boston, MA 02205-5819

Sent by electronic mail to: requests@muckrock.com

Dear Mr. Peak,

This is an interim response to your attached Freedom of Information Act (FOIA) request dated July 16, 2015. Your request was received in this office on July 16, 2015 and assigned case number 15-F-1499. We ask that you use that number when referring to your request.

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 criterion of a public interest fee waiver as described in the previous paragraph.

As you may not be aware, the FOIA requires all requesters to state a willingness to pay FOIA fees. In that regard, this office has determined that your request should be placed in the "other" fee category. Accordingly, you are entitled to the first two hours of search time at no charge, and the first 100 pages of duplication free of charge. Subsequent processing will be assessed at the established DoD fee rates of: professional search time, $44 per hour; executive search time, $75 per hour; and document reproduction at $0.15 per page. Because you have not stated a willingness to pay all assessable fees for search and/or duplication costs in the event your request for a fee waiver is denied, your search will be limited to the two hours you are entitled to as an "other" category requester and a fee waiver decision will be based on the results of that two hour search. If the search requires more than your free two hours, we will notify you with an estimated cost to process your request

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. However, your request has been tasked for search. 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 1,498 open requests.

If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to the Freedom of Information Division, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155; you may also submit your appeal electronically at the following link: http://pal.whs.mil/palMain.aspx. Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 15-F-1499, and should be clearly marked "Freedom of Information Act Appeal."
Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center

Dear Mr. Peck:

Attached is your final response for your Freedom of Information Act (FOIA) request, case number 15-F-1499.

Sincerely,

Curtis Gibbens, FOIA Analyst
for Adrienne M. Santos on behalf of
Stephanie L. Carr, Chief,
Freedom of Information Act Division
OSD/JS FOIA Requester Service Center