HQ-0045-0009NA - 0045-11528

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-2019-000502&type=request)
* Tracking Number: NARA-NGC-2019-000502
* Requester Name: Eli Hayes
* Date Submitted: 05/29/2019
* Request Status: Submitted
* Description: To Whom It May Concern:

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

As released under a previous FOIA request [document attached below] I am requesting all records contained in file 0045-11528. This is part of box HQ-0045-0009NA, transferred as part of LTI-0065-2015-0035. I am only requesting what records can be located within the two hours of free search, and what records can be reproduced within the 100 pages of free reproduction I am entitled to. Due to this, I would like to know what, if any, documents remain unreleased after this request.

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,

Eli Hayes

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/SomethingGeneric/70985/FBI_HQ_Class20045_Boxes201-9.pdf
Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1hVu2s%3A_zKVUk0OCTHj0_x8RA-JdNw3MgM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Fhq-0045-0009na-0045-11528-74265%252F%253Femail%253Dfoia%252540nara.gov

The FOIA request - NARA-NGC-2019-000502 description has been modified. Additional details for this item are as follows:
* Tracking Number: NARA-NGC-2019-000502
* Requester: Eli Hayes
* Submitted Date: 05/29/2019
* Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records:
As released under a previous FOIA request [document attached below] I am requesting all records contained in file 0045-11528. This is part of box HQ-0045-0009NA, transferred as part of LTI-0065-2015-0035. I am only requesting what records can be located within the two hours of free search, and what records can be reproduced within the 100 pages of free reproduction I am entitled to. Due to this, I would like to know what, if any, documents remain unreleased after this request. 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, Eli Hayes

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/SomethingGeneric/70985/FBI_HQ_Class20045_Boxes201-9.pdf
Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1hVu2s%3A_zKVUk0OCTHj0_x8RA-JdNw3MgM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Fhq-0045-0009na-0045-11528-74265%252F%253Femail%253Dfoia%252540nara.gov

Dear Ms. Hayes:

Thank you for submitting your Freedom of Information Act (FOIA) request
concerning an FBI file to the National Archives and Records Administration
(NARA), via the *FOIAOnline* website. We received your request on May 29,
2019.

This office handles FOIA and Privacy Act requests for the National Archives
and Records Administration's *operational *records (records created by this
agency). Because your *FOIAOnline *request is for records that are
*archival *records (records that were created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), we have forwarded it to our *Office of Research Services, Special
Access and FOIA* staff who handle FOIA requests for archival records.

Since the *Office of Research Services, Special Access and FOIA* does not
process FOIA requests through *FOIAOnline*, your request has been removed
from the *FOIAOnline* website and you will be assigned a new tracking
number by that office within the next 20 business days. In the future, if
you need to follow up with that office directly, please contact them at the
address below, or electronically via email.

Special Access and FOIA Staff (RD-F)

8601 Adelphi Road, Room 5500

College Park, MD 20740

By phone: 301-837-3190

By fax: 301-837-1864

By email: specialaccess_foia@nara.gov

For your reference, a copy of your request is below.

Please visit our website at www.archives.gov/foia for further information
about submitting a FOIA request to NARA. In the future, any FOIA requests
for archival records that are not open to the public should be made
directly to specialaccess_foia@nara.gov and not via FOIAonline.

Thank you for contacting the National Archives.

Sincerely,
Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
301-837-3409
susan.gillett@nara.gov

---------- Forwarded message ---------
From: <admin@foiaonline.gov>
Date: Wed, May 29, 2019 at 8:01 AM
Subject: FOIA Request Deletion: NARA-NGC-2019-000502
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2019-000502.

- *Name and Address*
- First Name: Eli
- Middle Initial:
- Last Name: Hayes
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, DEPT MR 74265
- Address Line 2: 411A Highland Ave
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144
- *Contact Information*
- E-mail Address: requests@muckrock.com
- Phone Number:
- Fax Number:
- *Agency and Fee Information*
- Assigned Agency: NGC - Office of General Counsel
- Will Pay Up To: $0.00
- *Description*
- To Whom It May Concern: Pursuant to the Freedom of Information Act,
I hereby request the following records:
As released under a previous FOIA request [document attached below] I
am requesting all records contained in file 0045-11528. This is
part of box
HQ-0045-0009NA, transferred as part of LTI-0065-2015-0035. I am only
requesting what records can be located within the two hours of
free search,
and what records can be reproduced within the 100 pages of free
reproduction I am entitled to. Due to this, I would like to know what, if
any, documents remain unreleased after this request. 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, Eli Hayes

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/SomethingGeneric/70985/FBI_HQ_Class20045_Boxes201-9.pdf
Upload documents directly: https://https://www.muckrock.comhttps://
accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1hVu2s%3A_zKVUk0OCTHj0_x8RA-JdNw3MgM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Fhq-0045-0009na-0045-11528-74265%252F%253Femail%253Dfoia%252540nara.gov
- *Fee Waiver*
- Fee Waiver Requested: No
- Fee Waiver Reason:
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

Dear Mr. Hayes,

I am writing in response to your Freedom of Information Act request of May
29, 2019 for records in the custody of the National Archives and Records
Administration. Your request for FBI case file *45-HQ-11528* was received
in this office on May 30, 2019 and assigned FOIA tracking number *61605*.

My initial assessment found that the subject of case 45-HQ-11528 is Ainsley
Whitmore Alexander Clarke. The file consists of 3 pages, compiled as part
of a crime on the high seas investigation conducted between November 1977.

I have completed a line-by-line review of FBI file 45-HQ-11528 and released
information to the greatest extent possible. The file has been redacted to
protect the personal privacy of living individuals per 5 USC 552 (b)(6) and
5 USC 552 (b)(7)(C). A summary of the results of my review is provided
below:

FBI file 45-HQ-11528: 3 total pages; 2 pages released in full and 1 page
released in redacted form.

A courtesy copy of the sanitized version of the file is attached

Please note that the National Archives does not charge search fees for
archival records.

Also, please be aware that records transferred to the custody of the
National Archives are exempt from the fee and fee waiver provisions of the
Freedom of Information Act because a fee schedule was in effect prior to
enactment. The applicable section states that “nothing in this subparagraph
shall supersede fees chargeable under a statute specifically providing for
setting the level of fees for particular types of records” (5 U.S.C. 552
(a)(4)(A)(vi)). The relevant fee statute authorizes the National Archives
“to charge a fee for making or authenticating copies or reproductions of
materials transferred to the Archivist’s custody.” (44 U.S.C. 2116(c)). The
inability to grant the requested fee waiver does not constitute a denial
under the terms of the Freedom of Information Act

This concludes the processing of your request. If you have questions,
please contact me directly at john.perosio@nara.gov or 301-837-0617.

If you are not satisfied with my action on this request, you have the right
to file an administrative appeal within ninety (90) calendar days from the
date of this letter. Appeals must be in writing and may be delivered by
regular U.S. mail or by e-mail. By filing an appeal, you preserve your
rights under the Freedom of Information Act and present the deciding agency
with an opportunity to review your request and reconsider its decision. If
you submit your appeal by regular mail, it should be addressed to the
Deputy Archivist of the United States (ND), National Archives and Records
Administration, 8601 Adelphi Road, Room 4200, College Park, Maryland
20740-6001. Both the letter and envelope should be clearly marked “FOIA
Appeal.” If you submit your appeal by e-mail, please send it to
foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. If you exercise your right to appeal, please
explain why you believe this response does not meet the requirements of the
Freedom of Information Act. All communications concerning this request
should reference FOIA tracking number 61605.

If you would like the opportunity to discuss my response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

Acting FOIA Public Liaison: Britney Crawford

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

Telephone: 301-837-3190

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770

1-877-684-6448

Sincerely,

*John Perosio*
Archivist, Special Access/FOIA Staff
National Archives & Records Administration

Tel: 301-837-0617 <(301)%20837-1932>
Email: john.perosio@nara.gov <heather.macrae@nara.gov>
Main Office Tel: 301-837-3190 <(301)%20837-3190>
Main Office Email: specialaccess_foia@nara.gov
National Archives Website: www.archives.gov
Special Access/FOIA Website: www.archives.gov/research/foia/

Dear Eli Hayes,

You requested a status update on *RD 67188*, a request our office received
on June 19, 2019 and to which we initially replied on June 20, 2019. The
request was assigned to our Tier 1 processing queue for review.

To give you an indication of our existing backlog for cases in Tier 1,
there are *approximately 431 cases* ahead of yours. Unfortunately, the
COVID-19 pandemic has created many unprecedented challenges in our work.
The majority of the records that our customers request require our staff to
be on-site to search for and review microfilm, microfiche, or original
textual records. Staffing levels on-site have been severely limited with
long periods where our facility was closed. Even as we expand our
reopening, operations may be temporarily curtailed due to limited staffing
and/or deteriorating local health conditions.

Our small staff has and will continue to work diligently to process each
request as quickly as possible.

*Please note, we will not respond to status update requests more than once
every six months.*

To notify this office of a change in your contact information or to track
the status of your request, please telephone 301-837-3190 or e-mail
specialaccess_foia@nara.gov. All communications concerning this request
should reference your case tracking number *RD 61788*.

Sincerely,
Alexis Bucher
Special Access and FOIA Program (RF)
National Archives at College Park