Nora Ephron

This is an automated reply to inform you that National Archives and Records Administration received your e-mail.

Thank you for your email. Congress has restored funding of appropriated activities and NARA is in the process of resuming normal operations. We are currently working on logging in the requests received during the government shutdown. Please be patient as responses to emails and requests may be slower than usual; please note that submitting duplicate requests will increase wait times.

If you have any questions, you can call our office at 301-837-3190.

Thank you.

Dear Mr. Kaufman and Mr. Bouguslaw,

This is in response to your March 12, 2019 Freedom of Information Act
request (RD #60692) concerning "any and all records pertaining to the
deceased journalist Nora Ephron." Your request was received by our office
on March 14, 2019.

We make reasonable efforts to assist researchers with their work. Given the
limitations on staff resources, we do not generally conduct substantive
research in response to requests, except in circumstances where documents
are easily locatable. Based on your inquiry, we have conducted a search of
our finding aids for potentially responsive textual records located at NARA
College Park. Unfortunately, we were not able to identify records
pertaining to Nora Ephron.

Please be aware that our colleagues in Special Access are performing a
search for potentially responsive Federal Bureau of Investigation case
files; you can expect a separate response for this request, under RD#
60693.

You asked for a waiver of the fees normally charged for providing
researchers with copies of archival records. The fee and fee waiver provisions
of the Freedom of Information Act (FOIA), however, do not apply to archival
records. The FOIA fee 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)(vi)]. Accordingly, the NARA fee statute, 44 U.S.C. 2116(c), and
implementing regulations at 36 C.F.R. Part 1258,, apply exclusively to your
request, under which the National Archives does not waive reproduction
charges for individual requesters. Our inability to grant you the requested
fee waiver does not constitute a denial for the purposes of the FOIA. Since
we did not offer an invoice for responsive files, this is not applicable to
your request.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attached enclosure.

Sincerely,
--
Haley J Maynard | archivist
Textual Reference
National Archives at College Park, MD

Dear Mr. Boguslaw,

I am writing in response to your Freedom of Information Act request of
March 12, 2019 for records in the custody of the National Archives and
Records Administration. Your request was received in this office on March
14th and assigned FOIA case number 60693.

You requested access to case file number 94-HQ-3 Sub 4-350 Serial 88,
identified by the FBI as potentially responsive to your request for records
relating to Nora Ephron. My initial assessment confirms that Nora Ephron is
in fact referenced within the two documents (three pages total) that
comprise serial 88. The documents were compiled as part of a research
matters investigation relating to *Esquire* magazine and date from March 21
to March 30, 1973 .As reviewed under the terms of the Freedom of
Information Act, there are no restrictions on access and serial 88 is open
and available for research.

Given the negligible number of pages involved, I am including a courtesy
copy of serial 88 as an attachment to this email.

Though it is now a moot point, you request a fee waiver. Please be advised
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
concerning my review, please contact me directly at
christopher.abraham@nara.gov or 301-837-2958.

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 49220.

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
<https://maps.google.com/?q=8601+Adelphi+Road,+Room+5500+College+Park,+MD+20740&entry=gmail&source=g>

College Park, MD 20740
<https://maps.google.com/?q=8601+Adelphi+Road,+Room+5500+College+Park,+MD+20740&entry=gmail&source=g>
-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

Sincerely,

*Chris Abraham*
Archivist
Special Access and FOIA Branch (RD-F)
301.837.2958
www.archives.gov/research/foia/