OFLC/ETA processing of FOIA Request Number 677715

David Gluckman filed this request with the Department of Labor of the United States of America.
Tracking # 732923
Est. Completion None
Status
Withdrawn

Communications

From: David Gluckman

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all records created (internally or externally) in response to, and in the course of processing and responding to FOIA Request Number 677715, which was filed on March 15, 2012, and assigned to the Employment and Training Administration, Office of Foreign Labor Certification. This request does not seek production of the actual records responsive to FOIA Request Number 677715.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

David Gluckman

From: FLC, Post - ETA

Department of Labor

Employment and Training Administration

November 8, 2013

David Gluckman, Esquire

c/o MuckRock News

DEPT MR 8722

Post Office Box 55819

Boston, Massachusetts 02205-5819

Sent via E-mail and Regular Mail

RE: Freedom of Information Act Acknowledgement and Fee Wavier Denial Letter

Tracking Number: 732923 - Subject: All Records Created in Response to FOIA 677715

Dear Mr. Gluckman:

Thank you for your Freedom of Information Act (FOIA) request dated October 31, 2013, to the Department of Labor. Your request was referred to the Office of Foreign Labor Certification on November 5, 2013. Additionally, your request was assigned the tracking number noted above and is being processed in ETA's Office of Foreign Labor Certification (OFLC). Please refer to this tracking number in any future correspondence concerning your FOIA request.

A person requesting a fee waiver bears the initial burden of satisfying the statutory and regulatory standards for a fee waiver. Therefore, when requesting a fee waiver, requesters should address both of the statutory and regulatory requirements in sufficient detail for the agency to make an informed decision as to whether it can appropriately waive or reduce the fees in question.

Our analysis reveals that (1) the subject matter of the requested records, in the context of the request, does not specifically explain identifiable operations or activities of the government; (2) you did not explain how the intrinsic informational content of the records at issue are likely to contribute to an understanding of specific government operation or activities in a meaningfully informative manner in relation to the subject matter of the request; and (3) you did not explain how the disclosure contributes to public understanding as opposed to the individual understanding of the requester or a narrow segment of interested persons or described with supporting evidence in a reasonably specific terms how you have the ability to disseminate the requested information. Therefore, we are denying your request for a fee waiver.

You have been placed in the Other category for possible payment of fees. Pursuant to the Department's regulations at 29 CFR § 70.40(c)(4), charges assessed for the production of records for requesters in the Other category may be for search, and reproduction costs. There is no charge for the reproduction of the first 100 pages of material, and a fee of 15 cents per page thereafter. There is no charge for the first two hours of search time, and a subsequent charge of $5 per quarter hour for clerical search time, and $10 per quarter hour for professional search time.

Next, your request is considered to be voluminous. Records created in response to FOIA 677715 encompass several offices and numerous personnel; therefore, the search fees could be considerable. We highly recommend that you narrow your request. If we do not hear from you within five business days from the date of this letter we will presume that you do not wish to narrow your request and we will assess for payment of fees.

Please be assured we endeavor to afford every request both careful attention and timely processing. All FOIA requests are processed in First-In First-Out order as required by regulation. Due to the volume of requests received by OFLC and the number and location of offices involved with processing this request please allow 30 days before checking the status of your request at the Department of Labor's FOIA Public Portal at: www.dol.gov/foia/FOIASearch.aspx <http://www.dol.gov/foia/FOIASearch.aspx> . This status will be updated as the request moves between OFLC and its national processing centers.

Although our denial of your fee waiver request does not bar you from any existing records, you may file an appeal with the Solicitor of Labor within 90 days from the date of this letter. You may send you appeal via e-mail to FOIAAppeals@dol.gov <mailto:FOIAAppeals@dol.gov> , via regular mail to the Solicitor of Labor, Division of Management and Administrative Legal Services, Room N-2420, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 20210 or via fax to (202) 693-5538. Appeals submitted to any other address will not be accepted. The appeal letter, envelope, e-mail subject line, fax cover sheet should be clearly marked "Freedom of Information Act Appeal." Next, your appeal must state in writing the grounds for the appeal, as well as supporting statements, arguments, a copy of your original/revised request, and a copy of this letter. Finally, the e-mail, fax and office are monitored only on during normal business hours (8:30AM to 5:00PM, Eastern Standard Time, Monday through Friday). Appeals posted after normal business hours will be deemed received on the next business day.

If you have any questions or concerns regarding this matter you may contact this office as follows:

U. S. Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification, Room C4312

Attn: FOIA Coordinator

200 Constitution Avenue, NW

Washington, D.C. 20210

Telephone: 202-693-3777

Fax: 202-693-2768

E-mail: FOIAstatus.ETA@dol.gov <mailto:FOIAstatus.ETA@dol.gov>

Freedom of Information Act Coordinator

Office of Foreign Labor Certification

From: David Gluckman

Hello --

I would like to narrow my request to encompass only emails and other correspondence within OFLC (including contractors working at or under direction of OFLC) which provide guidance on processing FOIA request number 677715 and which provide details on the status of processing FOIA request number 677715.

Thank you very much.

Regards,
David Gluckman

From: Department of Labor

An interim response, stating the request is being processed.

From: FLC, Post - ETA

Department of Labor

Employment and Training Administration

November 22, 2013

David Gluckman, Esquire

c/o MuckRock News

DEPT MR 8722

Post Office Box 55819

Boston, Massachusetts 02205-5819

RE: Freedom of Information Act Communication Letter

Tracking Number: 732923 - Subject: All Records Created in Response to
FOIA 677715

Dear Mr. Gluckman:

This is a communication letter to update you on your request. On
November 7, 2013, we sent you an acknowledgement letter and fee waiver
denial, in which we recommended that you narrow your request and respond
with the narrowed scope within 5 business days, no later than November
18, 2013. As of November 22, 2013, we have not received a response from
you; therefore, we will presume that you do not want to narrow your
request. As of November 22, 2013, we will assess your request for
possible payment and fees and send a communication letter with an update
within 20 business days.

If you have any questions or concerns regarding your FOIA request you
may also contact this office via mail, fax, phone or e-mail at the
contact information below

Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

200 Constitution Avenue, NW, Room C-4312

Washington, D.C. 20210

Phone: 202-693-3777

Fax: 202-693-2768

E-mail: Foiastatus.ETA@dol.gov

I hope this information is helpful.

Sincerely,

Ms. Michelle Moreno

Freedom of Information Act Coordinator

Office of Foreign Labor Certification

From: FLC, Post - ETA

Department of Labor

Employment and Training Administration

December 3, 2013

Mr. David Gluckman, Esquire

c/o MuckRock News

DEPT MR 8722

Post Office Box 55819

Boston, Massachusetts 02205-5819

Sent via E-mail and Regular Mail

RE: Freedom of Information Act Fee Request Letter

Tracking Number: 732923 - Subject: All Records Created in Response to FOIA 677715

Dear Mr. Gluckman:

Thank you for your Freedom of Information Act (FOIA) request dated October 31, 2013, to the Department of Labor. Your request was referred to the Office of Foreign Labor Certification (OFLC) on November 5, 2013. You requested copies of all documents created (internally or externally) in response to, and in the course of processing and responding to FOIA request 677715.

Pursuant to Department of Labor (Department) regulations at 29 Code of Federal Regulations (CFR) § 70.21(d), when responding to a request, a component (of the Department) will ordinarily include only those records existing as of the date the component begins its search for them. If any other date is used, the component will inform the requester of that date. The OFLC has completed an initial search based on the information you provided for the records you requested.

In our acknowledgement letter dated November 8, 2013, you were informed that you have been placed in the Other category for possible payment of fees. We also asked that you consider narrowing your request and have not received a response. Pursuant to the Department's regulations at 29 CFR § 70.40(c)(4), charges assessed for the production of records for requesters in the Other category may be for search, and reproduction costs. There is no charge for the reproduction of the first 100 pages of material, and a fee of 15 cents per page thereafter. There is no charge for the first two hours of search time, and a subsequent charge of $5 per quarter hour for clerical search time, and $10 per quarter hour for professional search time.

The following is an estimated cost for search and reproduction of the records you requested:

1. $0 for the reproduction since you requested the records be sent to you electronically; and

2. $1,360 for 34 hours of professional search time for approximately 22 personnel (there is no charge for the first two hours - total estimated search time is 36 hours).

The total amount owed would be $1,360.

Before we take further action on your request, pursuant to Department's FOIA regulations at 29 CFR § 70.43(c), an advance payment of $680 is required. To continue processing the scope of your current request, a check or money order for $680 made payable to the United States Treasury, should be mailed attention to Michelle Moreno, Office of Foreign Labor Certification FOIA Coordinator, at the following address:

United States Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

200 Constitution Avenue, NW

Room C - 4312

Washington, D.C. 20210

Please ensure FOIA number 732923 is clearly written on the check or money order. If we do not receive payment from you within 10 business days from the date of this letter, we will assume that you have withdrawn your request for fee related reasons and we will consider this matter closed.

You may file an appeal of this fee determination with the Solicitor of Labor within 90 days from the date of this letter. You may send you appeal via e-mail to FOIAAppeals@dol.gov <mailto:FOIAAppeals@dol.gov> , via regular mail to the Solicitor of Labor, Division of Management and Administrative Legal Services, Room N-2420, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 20210 or via fax to (202) 693-5538. Appeals submitted to any other address will not be accepted. The appeal letter, envelope, e-mail subject line, and/or fax cover sheet should be clearly marked "Freedom of Information Act Appeal."

Next, your appeal must state in writing the grounds for the appeal, as well as supporting statements, arguments, a copy of your original/revised request, and a copy of this letter. The e-mail, fax and office are monitored only on during normal business hours (8:30AM to 5:00PM, Eastern Standard Time, Monday through Friday). Appeals posted after normal business hours will be deemed received on the next business day.

I hope this information is helpful.

Sincerely,

Ms. Michelle Moreno

Freedom of Information Act Coordinator

Office of Foreign Labor Certification

From: FLC, Post - ETA

Department of Labor

Employment and Training Administration

December 17, 2013

David Gluckman, Esquire

c/o MuckRock News

DEPT MR 8722

Post Office Box 55819

Boston, Massachusetts 02205-5819

Sent Via Email and Regular Mail

RE: Freedom of Information Act Closing Request Letter

Tracking Number: 732923 - Subject: All Records Created in Response to
FOIA 677715

Dear Mr. Gluckman:

Thank you for your recent Freedom of Information Act (FOIA) request
dated October 31, 2013, which was referred to the Office of Foreign
Labor Certification on November 5, 2013. On December 3, 2013, we sent
you a letter requesting an advance fee payment of $680.00 to be sent to
us so that we may process the documents you requested in your FOIA
letter. The advance fee payment was due to us no later than December
16, 2013. As of December 17, 2013, we have not received the requested
advance payment; therefore, we are closing this FOIA request.

If you obtain the advance fee payment, you may initiate a new FOIA
request at foiarequest@dol.gov.

We feel that we have been as responsive as possible considering the lack
fee payment; however, you may file an appeal of this determination with
the Solicitor of Labor within 90 days from the date of this letter. The
appeal must state the grounds for the appeal and should include
supporting statements, arguments, a copy of your initial request, and a
copy of this letter. To facilitate processing, you may fax your appeal
to (202) 693-5523. If mailed, please clearly mark the envelope and
letter of appeal: "Freedom of Information Act Appeal," and address to:
Solicitor of Labor, U.S. Department of Labor, 200 Constitution Avenue,
NW, Room N-2428, Washington, D.C. 20210.

If you have any questions or concerns regarding this matter you may
contact this office via the contact information below.

Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

200 Constitution Avenue, NW, Room C-4312

Washington, D.C. 20210

Phone: 202-693-3777

Fax: 202-693-2768

E-mail: Foiastatus.ETA@dol.gov

I hope this information is helpful.

Sincerely,

Michelle Moreno

Freedom of Information Act Coordinator

Office of Foreign Labor Certification

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