NPS Glacier Bay applications from cruise lines

CJ Ciaramella filed this request with the National Park Service of the United States of America.
Due July 8, 2019
Est. Completion Dec. 23, 2019
Status
Awaiting Response

Communications

From: CJ Ciaramella


To Whom It May Concern:

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

- All submitted proposals by cruise line companies to operate in Glacier Bay National Park as part of the park's solicitation for cruise ship services issued May 31, 2018.
- Any communications between January 1, 2018 and June 7, 2019 to or from NPS and Princess Cruise Lines Ltd, Holland America Line Inc., NCL (Bahamas) Ltd, Carnival plc (Cunard Line), Seabourn Cruise Line Limited, Viking Cruises Ltd and Royal Caribbean Cruises Ltd. regarding permitting to operate in Glacier Bay.

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,

CJ Ciaramella

From: National Park Service

Hi Dick,

I am routing this request to you for processing. Let me know if it turns
out another office needs to search for responsive records.

As usual I've cc'd the requester so they know who will be handling their
request.

Thanks,

C.

____________________

Ms. Charis Wilson, PhD, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, CO 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
npsfoia@nps.gov <charis_wilson@nps.gov>

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Fri, Jun 7, 2019 at 1:38 PM
Subject: [EXTERNAL] Freedom of Information Act Request: NPS Glacier Bay
applications from cruise lines
To: <npsfoia@nps.gov>

National Park Service
FOIA Office
P.O. Box 25287
12795 West Alameda Parkway
Denver, CO 80225

June 7, 2019

To Whom It May Concern:

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

- All submitted proposals by cruise line companies to operate in Glacier
Bay National Park as part of the park's solicitation for cruise ship
services issued May 31, 2018.
- Any communications between January 1, 2018 and June 7, 2019 to or from
NPS and Princess Cruise Lines Ltd, Holland America Line Inc., NCL (Bahamas)
Ltd, Carnival plc (Cunard Line), Seabourn Cruise Line Limited, Viking
Cruises Ltd and Royal Caribbean Cruises Ltd. regarding permitting to
operate in Glacier Bay.

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,

CJ Ciaramella

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From: National Park Service

CJ Ciaramella:

We received your FOIA request dated June 7, 2019 and assigned it the
tracking number NPS-FOIA-2019-01089.

You requested :
1. - *All submitted proposals by cruise line companies to operate in
Glacier Bay National Park as part of the park's solicitation for cruise
ship services issued May 31, 2018*.
2. - *Any communications between January 1, 2018 and June 7, 2019 to or
from NPS and Princess Cruise Lines Ltd, Holland America Line Inc., NCL
(Bahamas) Ltd, Carnival plc (Cunard Line), Seabourn Cruise Line Limited,
Viking Cruises Ltd and Royal Caribbean Cruises Ltd. regarding permitting to
operate in Glacier Bay*.

In response to the first item, we are denying your request for proposals by
the cruise line companies to the NPS. We do not release concession
contract proposals. The proposals are protected from release under FOIA
Exception 4 for "trade secrets and commercial or financial information
obtained from a person and privileged or confidential." We will release
the contracts once they have been awarded and executed but the cruise line
contracts have not been awarded and executed.

In response to the second item, we are conducting an electronic search for
responsive emails between NPS and the cruise line companies. I don't know
how long that search will take. It is taking place in Denver or Washington
DC, not here in the Alaska Regional Office. I also do not know how many
responsive records the search will yield or how long it will take to review
them all for redactions of Exempted content under the FOIA (such as
personal information).

At this time I will need to extend our response time for processing your
FOIA request from 20 working days, by adding another 10 working days under
43 CFR 2.19. We therefore expect to send you a determination *by July 19,
2019*.

If you have any questions please contact me. Thank you.

Richard L. Anderson
FOIA Officer
National Park Service, Alaska Region
240 W 5th Ave
Anchorage AK 99501
richard_anderson@nps.gov
907-644-3525
*... to conserve the scenery and the natural and historic objects and the
wild life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the enjoyment of
future generations. *-- NPS Organic Act 1916

From: CJ Ciaramella

Hi Richard,
Thank you for the response. Regarding the first item (contract proposals), I believe NPS already awarded the contracts, per a NPS press release from March: https://www.nps.gov/glba/learn/news/glacier-bay-issues-new-contracts-for-cruise-ship-services.htm

If that has any bearing on the release of the contract proposals, please let me know. I will probably file an appeal for Exemption 4 materials, but wanted to check first to see if we could possibly avoid that step for at least some of the records.

Best,

CJ

From: National Park Service

CJ Ciaramella:

Thank you for your email of July 16, 2019 regarding our response to your
FOIA request. Your FOIA request was for 1) cruise line contract proposals
and 2) NPS communications with the cruise line companies.

Contract proposals are not public documents, however awarded contracts are
public.

The contracts have not yet been awarded. We issued a News Release on March
22, 2019 that correctly said that the companies had been "selected" but
incorrectly said that the contracts had been "awarded." I apologize for
the error.

The contracts must still go through the National Park Service (NPS) Alaska
Regional Director, to the NPS Washington Office, to the cruise line
companies, and to a Congressional Committee on the Hill for 60 days, before
final execution by the Regional Director.

There was a recent U.S. Supreme Court decision of FOIA Exemption 4
(attached). I will ask our Solicitor and our National FOIA Office about
your request to see how this new direction might affect release of the
proposals. I will let you know as soon as possible.

As I mentioned in my email of July 15, 2019, we currently are searching for
responsive records on your request 2).

Please let me know if you have any questions about your FOIA request.

Thank you.

Richard L. Anderson
FOIA Officer
National Park Service, Alaska Region
240 W 5th Ave
Anchorage AK 99501
richard_anderson@nps.gov
907-644-3525
*... to conserve the scenery and the natural and historic objects and the
wild life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the enjoyment of
future generations. *-- NPS Organic Act 1916

From: National Park Service

CJ Ciaramella:

We are continuing to process your FOIA request of 7/16/19 for 1)
cruise line contract proposals and 2) NPS communications with the cruise
line companies.

Our processing had been under the Normal Track, that is 20 working days,
plus a 10 day extension, however we find that the gathering of information
will take longer because 1) we need to contact to information providers of
the contract proposals to inquire about confidentiality of their
submissions, and 2) we have requested email searches through our national
office that will take some time to accomplish.

Because of this, we are changing the processing track to Complex and we
estimate another 30 working days until we can get our reply to you *by
August 23, 2019*.

If you have any questions, please contact me.

Thank you.

Richard L. Anderson
FOIA Officer
National Park Service, Alaska Region
240 W 5th Ave
Anchorage AK 99501
richard_anderson@nps.gov
907-644-3525
*... to conserve the scenery and the natural and historic objects and the
wild life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the enjoyment of
future generations. *-- NPS Organic Act 1916

From: National Park Service

CJ Ciaramella:

We are continuing to process your FOIA request of 7/16/19 for cruise line
contract proposals and NPS communications with cruise line companies.

Our initial email search yielded 3,727 results. We are narrowing those
down to eliminate duplicates.

Your FOIA request has been placed in the Complex processing track and we
process FOIA requests within their track and in the order in which they
were received. There are 5 other Complex or Voluminous FOIA requests ahead
of yours. We therefore need to revise our estimated date of response
to *December
23, 2019*.

You may limit the scope of your request, which may enable us to process it
more quickly.

You may agree to an alternative time period for processing by communicating
with us, or you may communicate with our FOIA Public Liaison:

Ms. Charis Wilson, PhD, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, CO 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
charis_wilson@nps.gov

If you have any questions, please contact me.

Thank you.

Richard L. Anderson
FOIA Officer
National Park Service, Alaska Region
240 W 5th Ave
Anchorage AK 99501
richard_anderson@nps.gov
907-644-3525
*... to conserve the scenery and the natural and historic objects and the
wild life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the enjoyment of
future generations. *-- NPS Organic Act 1916

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