Standing Rock TFR

Jason Koebler filed this request with the Federal Aviation Administration of the United States of America.
Tracking # 2017-002445
Status
Completed

Communications

From: Jason Koebler

To Whom It May Concern:

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

Internal emails and discussions about the issuance of NOTAM FDC 6/1887 (http://tfr.faa.gov/save_pages/detail_6_1887.html#restrictions) and the TFR at CANNONBALL, North Dakota near BISMARCK VOR/DME (BIS). All emails discussing this NOTAM and TFR and any that preceded it between October 20, 2016 and the time this request is processed. All emails sent between the FAA and the Morton County Sheriff's Department between October 20, 2016 and the time this request is processed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. They will be used in the course of reporting for Motherboard, VICE's science and tech site (www.motherboard.vice.com).

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, and I ask that this be processed in the "media" fee category. 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,

Jason Koebler

From:

Good Morning,

Your request has been processed. Please refer to the attached letter. Thank you.

FAA FOIA Office

From:

Good Morning Mr. Koebler,

I am the coordinator responsible for your request. After review and preliminary searches, we have determined that the volume of data to pull and review requires more time. Further, the information requested also concerns external agencies that must be consulted before sending you the data when found. We are asking that you agree to an extension to the end of February to allow us time pull the correct data, review all information pulled, and to complete consults.

Thank you,

Tiffany Byrd
FOIA & OIG
System Operations Services, AJR-0
Tiffany.ctr.byrd@faa.gov<mailto:Tiffany.ctr.byrd@faa.gov>
P: 202-267-0531

From:

Good Morning Mr. Koebler,
This is my second attempt at reaching you. Because your request in and of itself produced a large volume of records and the need for an outside agency consultation before release of the records, we are asking that you extend the due date for your request to the end of February. Please let me know if you will concur to this extension by noon today.
Thank you,
Tiffany

From: Jason Koebler

Yes, that's fine.

From:

Good Morning Mr. Koebler,
This is my third attempt at reaching you. Because your request in and of itself produced a large volume of records and the need for an outside agency consultation before release of the records, we are asking that you extend the due date for your request to the end of March. Please let me know if you will concur to this extension by noon today.
Thank you,
Tiffany

From: Jason Koebler

Hello, I've said this is fine. No worries. Thank you!!

From: Jason Koebler

Hi, this is now two months past due, can I get an update?

From:

Mr. Koebler,
Your request is still in consult. Unfortunately there is little I can do to speed up the process when it comes to outside organizations answering us. Therefore, I can't give you an estimated time when we will have a response from the consult.
Thank you,
Tiffany

From: Jason Koebler

Thank you--are you waiting on Morton County or is it another section of the FAA?

From:

It is neither the FAA nor Morton County. It is another outside government agency. I am not at liberty to say which organization at this time. After the consultation is complete, it is likely that the response we send to you will include the name of the agency that was consulted.

From:

Good Morning.
Your FOIA is still in consultation status. Please note that this can take up to a year from the date the consult was submitted. Per DOT regulations, we cannot release any information until a consultation is complete. As other agencies have a backlog in FOIA requests, they all answer FOIAs in the order in which they came. Therefore, your request is currently backlogged with the consulting agency. As noted in my previous emails, the FAA has zero control over other agencies FOIA processes and timelines. Therefore, we cannot compel an organization to answer a request in the same timely manner as we here in the ATO try to provide to each requester. While we have heard back from two of the three agencies contacted, we still cannot provide information until the final agency responds.
Thank you,
Tiffany

From:

Good Morning Mr. Koebler,

Your request is still in consultation with an outside government agency. You will not receive a response until we have received a response from them pursuant to DOT regulation 49 CFR, Subpart A - Part 7.28a, which states that "if the release of a DOT created record covered by this subpart would be of concern to DOT and one or more other Federal agencies, the determination as to release is made by DOT, but only after consultation with the other concerned agency." Because outside agencies have their own FOIA system and backlog, all FOIAs are placed in their cue and taken in the order in which they are received. This could mean a lengthy wait to get an approval from them to release records.

Thank you,
Tiffany

From:

Good Morning.
Your FOIA is still in consultation status. Please note that this can take up to a year from the date the consult was submitted. Per DOT regulations, we cannot release any information until a consultation is complete. As other agencies have a backlog in FOIA requests, they all answer FOIAs in the order in which they came. Therefore, your request is currently backlogged with the consulting agency as of my last check with the agency. As noted in my previous emails, the FAA has no control over other agencies' FOIA processes and timelines. Therefore, we cannot compel an organization to answer a request in the same timely manner as we here in the ATO try to provide to each requester. While we have heard back from two of the three agencies contacted, we still cannot provide information until the final agency provides an official release determination respond.
Thank you,
Tiffany

From:

Good Afternoon Mr. Koebler,

Attached is the FAA's response to your FOIA request #2017-002445 and its accompanying data file.

Thank you,

Tiffany Byrd
FOIA & OIG
System Operations Services, AJR-0
Tiffany.ctr.byrd@faa.gov<mailto:Tiffany.ctr.byrd@faa.gov>
P: 202-267-0531

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