It is a clone of this request.
|Submitted||June 1, 2018|
|Due||June 29, 2018|
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To Whom It May Concern:
I. Description of Records Sought
This is a request under the Freedom of Information Act for documents that were attached to EPA staff emails in this already-released document: https://cdn.muckrock.com/foia_files/2018/05/26/2017-OSEC-04749-F_Resp_Corresp_5.25.18_Redacted.pdf
1. The "Regulatory Rollback" Power Point file on page 6 that was sent by Andrew Perry on March 8, 2017.
2. The "Enforcing the Reg Reform Agenda for Undersec Meeting may 15 17" Word document on page 25 that was sent by Rebeckah Adcock on May 15, 2017.
3. The "List of Executive Orders" Excel file on page 125 that was sent by Andrew Perry on May 23, 2017.
4. The "Regulatory Task Force Nominations" Excel file on page 125 that was sent by Andrew Perry on May 23, 2017.
5. The "Enforcing the Reg Reform Agenda for RRTF 05 31 17" Word document on page 246 that was sent by Rebeckah Adcock on May 30, 2017. In addition, that email states that a "RRTF Issue Paper" and "Template for OSEC papers" are attached to the document; if these are not contained within the attached Word document, then I would like those documents too.
6. The "formtaskforce" Word document on page 255 that was sent by Don Bice on June 1, 2017.
II. Request for a Fee Waiver
I respectfully request that you waive all fees in connection with this request as provided by 5 U.S.C. § 552(a)(4)(A)(iii). The Sierra Club is a national environmental nonprofit with no commercial interest in obtaining the requested information. Instead, our organization intends to analyze and disseminate the requested information free of charge so that the public can be better informed and meaningfully participate in protecting the nation's natural resources and public health.
The subject matter of the requested records is likely to contribute significantly to public understanding of the operations and activities of the government by disclosing how the Department of Agriculture is following instructions to reduce regulations. Due to the broad scope of Executive Order 13777, these regulations can apply to virtually every issue that the government works on, impacting people's lives in a variety of ways.
The Sierra Club and its supporters have demonstrated interest and expertise in the subject area, specifically the development of standards designed to limit pollution, safeguard public health, improve the economy, and conserve natural resources. In addition to our staff's formal recommendations, our supporters have filed millions of public comments to agencies related to regulations that are likely to be affected by this order.
III. Media Requester Status
In addition to the public interest fee waiver, I ask to be properly categorized as a representative of the news media. The bulk of my professional duties at the Sierra Club entails planning and writing content about public policy, including composing mass communications to our followers, analyzing FOIA responses, and coordinating press outreach. Here are some examples that resulted from my work:
The Sierra Club has the ability and intention to disseminate the information it receives through this request. The information may be shared through emails to an audience reaching into the millions, Facebook and Twitter posts reaching tens of thousands of followers, articles on our often-visited website, and analysis provided to the media.
IV. Exempt Records
Should you decide to invoke a FOIA exemption with regard to any of the requested records, please include in your response letter sufficient information for an appeal, including:
1. Basic factual material about each withheld item, including the originator, date, length, general subject matter, and location of each item.
2. Explanations and justifications for denial, including the identification of the category within the governing statutory provision under which the document (or portion thereof) was withheld and a full explanation of how each exemption fits the withheld material.
If you determine that portions of a requested record are exempt from disclosure, please redact the exempt portions and provide the remainder of the record.
V. Record Delivery
I would prefer the request be filled electronically, by e-mail attachment if available or CD-ROM if not. In the event that there are fees, please inform me of the total charges in advance of fulfilling my request.
Please produce the records on a rolling basis; at no point should the search for – or deliberation concerning – certain records delay the production of others that the agency has already retrieved and elected to produce.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your timely response.
Good afternoon, Mr. Rony.
This e-mail acknowledges receipt of the June 1, 2018, Freedom of Information Act (FOIA) request you submitted to the U.S. Department of Agriculture (USDA), Departmental FOIA Office (DFO). Your request, for selected email attachments from email records released under 2017-OSEC-04749-F, was received for processing by the DFO today, June 4th.
The DFO is under the purview of the Office of the Chief Information Officer (OCIO) and serves as the focal point for USDA's FOIA program. The DFO provides coordination and ensures agency-wide compliance with the FOIA. Additionally, the DFO processes requests and appeals on behalf of the Office of the Secretary and Departmental Administration ("DA" - previously referred to as Departmental Management ) components. For a complete listing of DA's components, please visit http://www.dm.usda.gov/agencies.htm.
The FOIA, 5 U.S.C. § 552(a)(6)(A)(i), requires USDA to make a determination in response to a FOIA request within 20 business days from its date of receipt. In unusual circumstances, the Federal agency time limit may be extended by 10 business days as stated in 5 U.S.C. § 552(a)(6)(B). If your request seeks numerous documents that will necessitate a wide-ranging search, including searches with components and possible consultations with components that have a substantial interest in the determination of this request, USDA will invoke a 10 business day extension for determination of your request. You have the option to narrow the scope of your request to limit the number of potentially responsive documents.
You have requested a fee waiver. Your request for a waiver currently is under consideration.
Meanwhile, for purposes of fee assessment, you have been categorized as an "all other" requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section (5)(d). For your review and information, a copy of the USDA FOIA Fee Schedule is enclosed. In accordance with 7 CFR Appendix A to Subpart A of Part 1 Section 6(a)(4), your fees shall be waived where the amount of the fee is $25.00 or less. You will be contacted before any fees over $25.00 are accrued.
A search will be initiated by the DFO for records responsive to your request. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that a FOIA Analyst in this office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned FOIA Case No. 2018-DA-04397-F. Please refer to this case number in any future correspondence. If you have any questions regarding this letter, please contact Christine Jordan at (202) 772-9091 or electronically at Christine.Jordan@ocio.usda.gov<mailto:Christine.Jordan@ocio.usda.gov> or USDAFOIA@ocio.usda.gov<mailto:USDAFOIA@ocio.usda.gov>. For additional information regarding USDA FOIA regulations and process, please refer to the information available on-line at www.dm.usda.gov/foia<http://www.dm.usda.gov/foia>.
The DFO Team appreciates the opportunity to assist you in this matter.
This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.