RAPS assessments

Shawn Musgrave filed this request with the Department of Homeland Security, Science and Technology Directorate of the United States of America.
Tracking # 2014-STF0-011
Status
Rejected

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:

Copies of all equipment and system assessments completed by the RAPS (Robotic Aircraft for Public Safety) program

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,

Shawn Musgrave

From: STFOIA

Dear Mr. Musgrave,

Thank you for your recent Freedom of Information Act (FOIA) request to the Department of Homeland Security Science and Technology Directorate. Please review the attached letter regarding your request.
Thanks,

Katrina Hagan
FOIA Office
Science and Technology Directorate
U.S. Department of Homeland Security

From: Katrina Hagan

Dear Mr. Musgrave,

Please review the attached letter regarding your Freedom of Information Act request to the U.S. Department of Homeland Security, Science and Technology Directorate.
Thanks,

Katrina Hagan
FOIA Office
Science and Technology Directorate
U.S. Department of Homeland Security

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 Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-STF0-011.

Thank you for your help.

From: Katrina Hagan

Dear Mr. Musgrave,

Please review the attached letter regarding the status of your Freedom of Information Act request.
Thanks,

Katrina Hagan
FOIA Office
Science and Technology Directorate
U.S. Department of Homeland Security

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 Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-STF0-011.

Thank you for your help.

From: STFOIA

Dear Mr. Musgrave:

Thank you for your Freedom of Information Act (FOIA) request to the Department of Homeland Security Science and Technology Directorate. Please review the attached letter regarding your request.
Thanks,

Katrina Hagan
FOIA Office
Science and Technology Directorate
U.S. Department of Homeland Security

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 Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-STF0-011.

Thank you for your help.

From: STFOIA

Dear Mr. Musgrave,

This is in response to your April 26, 2014 email requesting the status of your Freedom of Information Act request reference number 2014-STFO-011. A final response letter to your request was previously mailed to you. For your convenience, the final response to your FOIA request is attached for your reference.
Thanks,

FOIA Office
Science and Technology Directorate
U.S. Department of Homeland Security
(o) (202) 254-6342
(f) (202) 254-6739

From: Shawn Musgrave

General Counsel (General Law)
Mailstop 0655
U.S. Department of Homeland Security
Washington, DC 20528

May 5, 2014

To Whom It May Concern:

This is an appeal of blanket denial of 303 pages of responsive material in FOIA 2014-STF0-011.

First, the invocation of exemption b(3) requires concrete indication not only of the particular statute that bars release of the requested information, but also explanation as to why the indicated statute bars such release. In the attached denial letter, DHS S&T has not fulfilled the second requirement, but merely listed two statutes.

The remaining exemptions cited do not justify withholding the requested material in its entirety, but rather require DHS S&T to release segregable portions of the requested records, or else to provide a reason as to why releasable information cannot be reasonably segregated from information that is not releasable. There has been no such indication as to why the records must be denied in their entirety.

As it relates to proprietary information, several of the companies whose equipment has been evaluated under RAPS have themselves announced their participation and evaluation. See, for instance announcements from Applied Research Associates (http://forcepro.ara.com/faa-certified-nighthawk-uas-assessed-dhs-raps-evaluations) and Tactical Electronics (http://www.uasvision.com/2013/01/24/raptr-selected-for-suas-demonstrations-robotic-aircraft-for-public-safety-project/) pursuant to their equipment evaluations.

Furthermore, RAPS guidelines establish that executive summaries for all evaluations are to be posted online. See, for instance, the March 2014 overview from RAPS Director Kloeppel (available at http://higherlogicdownload.s3.amazonaws.com/AUVSI/656942e4-4448-41c3-877d-0c5f3ea40e63/UploadedImages/2014SpringForum/RAPS-Overview.pdf) indicating that executive summaries have been approved for public release. To date, such summaries have not been posted.

At a bare minimum, then, the executive summaries of all RAPS evaluations are releasable under FOIA. However, I request that the appeals authority review the entirety of the requested records for releasability subject to segregation of non-releasable materials.

Respectfully,

Shawn Musgrave

From: Lasko, Linda

Mr. Musgrave,

Attached, please find an acknowledgment of receipt of your appeal related to FOIA # 2014-STFO-011.

Sincerely,

U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)
202-343-4011 (Fax)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Meus, Lauren M CIV

Mr. Musgrave:

Please find attached the FOIA Appeal decision issued by Judge Smith's office.

Thank you,

Lauren Meus
Hearing Docket Clerk

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