RAMPS test plan and cards

Shawn Musgrave filed this request with the Coast Guard of the United States of America.

It is a clone of this request.

Tracking # 2015-CGFO-02222
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

A copy of the test plan and cards used to evaluate unmanned aerial systems via the Robotic Aircraft for Maritime Public Safety (RAMPS) program administered by DHS S&T and the USCG.

Per a RAMPS summary from USCG Research & Development Center dated January 2014 (see https://muckrock.s3.amazonaws.com/foia_files/RAMPS_Final.pdf), development for the RAMPS test plan and evaluation cards was to be completed by September 2014.

Given that this FOIA is submitted in my capacity as a journalist who has covered drones extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles for MuckRock:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of other national media outlets on topics including drones and other matters pertaining to national security and technologies:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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,

Shawn Musgrave

From: Lewis, Judith S CIV

Respectfully Request You Read In HTML

Ms. Musgrave,

On behalf of the United States Coast Guard (USCG), you are being contacted regarding your Freedom of Information Act (FOIA) request submitted to the Department of Homeland Security (DHS) for a copy of the following information:
A copy of the test plan and cards used to evaluate unmanned aerial systems via the Robotic Aircraft for Maritime Public Safety (RAMPS) program administered by DHS S&T and the USCG.

Your request was received in this office on July 7, 2015.

The Coast Guard has assigned a tracking identifier, FOIA 2015-CGFO-02222, to this request. The Coast Guard endeavors to complete each FOIA request within a timely manner. Our office has an increasing number of FOIA requests and should anticipate some delay in receiving a final response to this request; however, this should not be construed as a denial of the request.

In regards to MuckRock News fee waiver request, the USCG has reviewed your request thoroughly and has determined that MuckRock News has not presented a convincing argument that entitles the company to a waiver of fees.

The DHS FOIA Regulations, 6 CFR ยง 5.11(k)(2), set forth six factors to examine in determining whether the applicable legal standard for a fee waiver has been met. The USCG will consider these factors in the evaluation of your request for a fee waiver:

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 public at large, as opposed to the individual understanding of the requester or a narrow segment of interested persons;

4. Whether the contribution to public understanding of government operations or activities will be "significant;"

5. Whether the requester has a commercial interest that would be furthered by the requested disclosure; and

6. Whether the magnitude of any identified commercial interest to the requester is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester.

As a requester, you bear the burden under the FOIA guidelines of showing that the fee waiver requirements have been met.

The Coast Guard redacts Personally Identifiable Information (PII)(b)(6) and Coast Guard Accounting/Appropriations Data from the actual documents provided to fulfill the FOIA request with the understanding that this information is not part of the request. If PII-(b)(6) and Coast Guard Accounting/Appropriations Data are part of this request, please advise our office with clarification. Otherwise, any documents provided to fulfill this FOIA request will have the PII-(b)(6) and Coast Guard Accounting/Appropriations Data redacted.

Provisions of the Act allow the Coast Guard to recover part of the cost of complying with your request. Therefore the Coast Guard shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to commercial requesters; i.e., you will be charged 10-cents per page for duplication and for search, review and duplication time at the per quarter-hour rate of the searcher and reviewer. You have not indicated a willingness to pay any fees. You will be contacted before any work is conducted that requires a fee to be paid.

Should you have any questions, please contact our office by emailing judith.s.lewis@uscg.mil<mailto:judith.s.lewis@uscg.mil> and CG-9FOIA@uscg.mil<mailto:CG-9FOIA@uscg.mil>. Please refer to FOIA 2015-CGFO-02222 on any communications with our office on this request.

Respectfully,

Judith Lewis | FOIA|

DHS|U.S. Coast Guard Headquarters

Strategic Planning and Communications (CG-925)

2703 Martin Luther King Jr. Ave., S.E. Stop 7816

Washington, DC 20593-7816

Office: (202) 475-3053

From: Shawn Musgrave

Hello -

Thank you for acknowledging my FOIA request (2015-CGFO-02222). With regard to my categorization as a commercial requester, this is an inappropriate categorization. I am a media requester, and have provided an extensive publication history (see my original request letter below).

For additional publication history on the topic of UAS specifically, see my ongoing series that is co-published by MuckRock and Motherboard:

motherboard.vice.com/author/ShawnMusgrave

I have published more articles than nearly any other journalist on drones over the past 2 years, particularly with regard to domestic deployments and testing. In light of my extensive publication record, a number of other agencies have appropriately categorized me as a news media requester, including DHS components. Per James Holzer, head of FOIA for DHS, fee categorizations are to be handled on an individual basis. On this basis, I have been correctly categorized as a media requester on numerous recent requests. Notably, the DHS Science & Technology Directorate has appropriately categorized me as a media requester for requests pertaining to the RAPS program, which RAMPS duplicates with regard to maritime UAS testing.

Please correct my categorization to reflect that I am a news media requester for the purpose of fees. Should your office refuse to do so, I will submit an appeal.

I look forward to your timely correction of this error.

Best,
Shawn Musgrave
Reporter, MuckRock

From: Lewis, Judith S CIV

Ms. Musgrave,

Our office is in receipt of your response to the denial of fee waiver. The process for responding to the denial is to file an appeal, which should be submitted to efoia@uscg.mil.

Thank you,

Judith Lewis | FOIA|
DHS|U.S. Coast Guard Headquarters
Strategic Planning and Communications (CG-925)
2703 Martin Luther King Jr. Ave., S.E. Stop 7816
Washington, DC 20593-7816
Office: (202) 475-3053

From: Shawn Musgrave

Ms. Lewis -

Respectfully, I ask that you read my previous email in its entirety.

I do not dispute USCG's denial of my fee waiver, but your office's continued insistence that I am a commercial requester for the purpose of fees. Given my extensive publication history, USCG has no basis for asserting that I am submitting this request for commercial purposes. Rather, I am appropriately categorized as a media requester. I am giving USCG a good faith opportunity to address this error, rather than submitting an appeal that would be an unnecessary waste of everyone's time.

I have cc'd James Holzer, who I believe has addressed this issue with DHS components in the past. Please address this error, and advise.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: Shawn Musgrave

Hello -

Please advise as to whether you will reconsider my erroneous classification as a media requester for the purpose of fees under FOIA.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: Brewer, Gaston CIV

Mr. Musgrave,

Please file an appeal of this determination so that we can take appropriate action on your request.

You can submit it to our EFOIA@uscg.mil mailbox.
Thanks

From: Lewis, Judith S CIV

Gaston,
.
I'm not sure of the reason that CG-9 is receiving this. Carmen and you made the decision to apply media charges to this request.CG-9 has noted that information. This request is still in process as CG-9 had to consult with the owner of the documents. Therefore not clear for the purpose of this email.

V/r

Judith Lewis | FOIA Liaison |
DHS|U.S. Coast Guard Headquarters
Strategic Planning and Communications (CG-925)
2703 Martin Luther King Jr. Ave., S.E. Stop 7816
Washington, DC 20593-7816
Office: (202) 475-3053

From: Brewer, Gaston CIV

Mr. Musgrave,

Please disregard my previous e-mail...You have been provided media status for FOIA request 2015-CGFO-02222.

Sorry for any inconvenience that this may have caused.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 15, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-CGFO-02222.

Thanks for your help, and let me know if further clarification is needed.

From: Brewer, Gaston CIV

Mr. Musgrave,

Your request is still being processed.

From: Brewer, Gaston CIV

Mr. Musgrave,

Your request is still being processed.

From: Brewer, Gaston CIV

Mr. Musgrave,

Your request is undergoing our legal review process.

From: Brewer, Gaston CIV

I was informed today that your request is still under review. It is my hope that we are able to complete your request in the near future.

From: Brewer, Gaston CIV

Your request is still undergoing a legal review.

From: Brewer, Gaston CIV

Mr. Musgrave,

Your package is still under review

From: Brewer, Gaston CIV

Mr. Musgrave,

Your request is still being processed. Will provide an update as soon as I receive additional information.

From: Brewer, Gaston CIV

Your request is undergoing another administrative review. I will provide an updated status as soon as I receive it from the program/legal office.

From: Brewer, Gaston CIV

Mr. Musgrave,

Your request is awaiting final signature. We hope to have it to you soon.

From: Lewis, Judith S CIV

Good afternoon Mr. Musgrave,

Please find the Coast Guard's final response to the Freedom of Information Act request from Muckrock News..

Should you have any questions, please contact our office at judith.s.lewis@uscg.mil<mailto:judith.s.lewis@uscg.mil> and CG-9FOIA@uscg.mil<mailto:CG-9FOIA@uscg.mil> and reference FOIA 2015-CGFO-02222 in your communications.

Respectfully,

Judith Lewis | FOIA Liaison |

DHS|U.S. Coast Guard Headquarters

Strategic Planning and Communications (CG-925)

Office: (202) 475-3053

From: Lewis, Judith S CIV

Good afternoon Mr. Musgrave,

Please find the Coast Guard's final response to the Freedom of Information Act request from Muckrock News..

Should you have any questions, please contact our office at judith.s.lewis@uscg.mil<mailto:judith.s.lewis@uscg.mil> and CG-9FOIA@uscg.mil<mailto:CG-9FOIA@uscg.mil> and reference FOIA 2015-CGFO-02222 in your communications.

Respectfully,

Judith Lewis | FOIA Liaison |

DHS|U.S. Coast Guard Headquarters

Strategic Planning and Communications (CG-925)

Office: (202) 475-3053

From: Lewis, Judith S CIV

Good afternoon Mr. Musgrave,

Please find the Coast Guard's final response to the Freedom of Information Act request from Muckrock News..

Should you have any questions, please contact our office at judith.s.lewis@uscg.mil<mailto:judith.s.lewis@uscg.mil> and CG-9FOIA@uscg.mil<mailto:CG-9FOIA@uscg.mil> and reference FOIA 2015-CGFO-02222 in your communications.

Respectfully,

Judith Lewis | FOIA Liaison |

DHS|U.S. Coast Guard Headquarters

Strategic Planning and Communications (CG-925)

Office: (202) 475-3053

  • Flight Cards _System Testing_ - Building 8294_Puma AE

  • RAMPS ATD Test Plan - AeroVironment Puma and Wasp Highlight Redacted -

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