"The Interceptor" Development Docs

Dear Mr. Brown;
We have received your July 08, 2014 Freedom of Information Act request for records regarding "The Interceptor" flash game and assigned it DLA FOIA Case Tracking # HQ DLA-14-HFOI-00103. Your request is being referred to the FOIA Office shown below which has responsibility for processing FOIA requests for the Missile Defense Agency.  You may contact that FOIA Office directly at:
OSD/JS FOIA Requester Service Center, Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
(866) 574-4970 (Telephone)
(571) 372-0500 (Fax)
Should you have any questions please contact me at the information shown below.
Sincerely,
Deborah Teer
703-767-5247 or deborah.teer@dla.mil

Charles Marye
OSD/JS Office of Freedom of Information
(571) 372-0407

NIPR: charles.c.marye.civ@mail.mil
SIPR: charles.c.marye.civ@mail.smil.mil

Mr. Brown,
We responded to your request, informing you that we needed further clarification by 8/5/14 (copy attached). You failed to respond. As stated in our email we closed your case. If you are still interested in the subject of your request 14-F-1101, then please submit a new request, and include further clarification as requested previously.

Sincerely,

Charles Marye
OSD/JS Office of Freedom of Information
(571) 372-0407

NIPR: charles.c.marye.civ@mail.mil
SIPR: charles.c.marye.civ@mail.smil.mil

Dear J. Pat Brown: This is an interim response to your Freedom of Information Act (FOIA) request dated July 11, 2014, which was received in this office on October 22, 2014.  Your request has been assigned case number 15-F-0182 and we ask that you use that number when referring to your request. With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when "disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester." 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (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 general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.
While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public's increased understanding of the operations and activities of government.  Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criterion of a public interest fee waiver as described in the previous paragraph.
I have determined that you should be placed in the "other" category for fee purposes as you have indicated that you do not seek access to these records for commercial purposes. The "other" fee category affords you two hours of search time and 100 pages of duplication free of charge. As you did not provide any willingness to pay, search will be halted after your two free hours have been expended. If you wish to add a willingness to pay, please contact the action officer assigned to your request at your earliest convenience.
We will be unable to respond to your request within the FOIA’s 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request.  These unusual circumstances are:  (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records.  For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received.  Our current administrative workload is 1554 open requests.
If you would like to discuss how to limit your request in order to speed the processing time, we would be pleased to discuss how you might modify your request.  The action officer assigned to your request is Charles Marye at (571) 372-0407. The toll free number for this Office is 866-574-4970. You may not be aware that we maintain a website and electronic reading room at: http://www.dod.mil/pubs/foi/ If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration,  Office of the Secretary of Defense, by writing directly to the OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155;  you may also submit your appeal electronically at the following link: .  Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 15-F-0182, and should be clearly marked "Freedom of Information Act Appeal." (http://pal.whs.mil/palMain.aspx) http://pal.whs.mil/palMain.aspx
Thank you,
Charles Marye Office of Freedom of Information
Department of Defense
1155 Defense Pentagon
Washington, DC 20301-1155
FAX: (571) 372-0500

Mr. Brown,
We continue to process your request. It is our policy that each request receives prompt attention, and every effort is made to treat all requesters equally. As previously noted, and unfortunately, our backlog of open requests at the time your request was received was over 1,554. Once I receive a response, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, I will send you a formal response letter to your request. Please note all documents are reviewed before we respond. Further note the unusual circumstances concerning your cases are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. These 3 factors do have an impact on the processing of your case. I appreciate your patience and understanding in this matter.

Sincerely,

Charles Marye
OSD/JS Office of Freedom of Information
(571) 372-0407

NIPR: charles.c.marye.civ@mail.mil
SIPR: charles.c.marye.civ@mail.smil.mil

Mr. Brown,
We continue to process your request. It is our policy that each request receives prompt attention, and every effort is made to treat all requesters equally. As previously noted, and unfortunately, our backlog of open requests at the time your request was received was over 1,554. Once I receive a response, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, I will send you a formal response letter to your request. Please note all documents are reviewed before we respond. Further note the unusual circumstances concerning your cases are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. These 3 factors do have an impact on the processing of your case. I appreciate your patience and understanding in this matter.

Sincerely,

Charles Marye
OSD/JS Office of Freedom of Information
(571) 372-0407

NIPR: charles.c.marye.civ@mail.mil
SIPR: charles.c.marye.civ@mail.smil.mil

Mr. Brown,

14-F-1101 is closed. We sent the attached interim response requesting further information concerning the request. We specified that we required an answer no later than 08/05/2014. We informed you that failure to respond by the specified date would result in the closure of your case. With no action received from you as of 08/11/2014 ( a full six days after the deadline), you case was closed. Additionally we provided appeal rights which were valid for 60 days after the closure of the request. The deadline for appeals on case 14-F-1101 has also passed.

We continue to process your request, 15-F-0182. It is our policy that each request receives prompt attention, and every effort is made to treat all requesters equally. As previously noted, and unfortunately, our backlog of open requests at the time your request was received was over 1,554. Once I receive a response, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, I will send you a formal response letter to your request. Please note all documents are reviewed before we respond. Further note the unusual circumstances concerning your cases are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. These 3 factors do have an impact on the processing of your case. I appreciate your patience and understanding in this matter.

Sincerely,

Charles Marye
OSD/JS Office of Freedom of Information
(571) 372-0407

NIPR: charles.c.marye.civ@mail.mil
SIPR: charles.c.marye.civ@mail.smil.mil