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DTRA FOIA Interim Final Letter (for Multiple Document Releases) - Denied in Part (DIP)

DTRA FOIA Interim Final Letter (for Multiple Document Releases) - Denied in Part (DIP)

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Published by Jason Smathers

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Published by: Jason Smathers on Oct 19, 2011
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10/19/2011

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 Case Number: [CASENUMBER][REQUESTERPREFIX] [REQUESTERNAME][STREET1][STREET2][CITY], [STATESHORT] [ZIPCODE]Dear [REQUESTERPREFIX] [RLNAME]:This is our  __ (first, second, …, tenth, 11
th
, 12
th
, etc.)interim response to your Freedom of Information Act (FOIA) request dated [REQUESTEDDATE], received inthis office on [RECEIVEDDATE] and assigned Case Number [CASENUMBER]. Yourequested [REQUESTDESCRIPTION].Enclosed are copies of [#OFDOCUMENTS] responsive documents. It has beendetermined that portions of [THIS DOCUMENT/THESE DOCUMENTS] containinformation that is exempt from disclosure under Title 5 U.S.C. § 552(b)(_), FOIAExemption _.Exemption 1 applies to information which is currently and properlyclassified pursuant to an Executive Order in the interest of national defense or foreign policy. Exemption 2 applies to information which pertains solely to the internal rules and practices of the Agency. This exemption has two profiles, “high” and “low”.The “high” profile permits the withholding of information which, if released,would allow circumvention of an agency rule, policy, or statute, thereby impeding theagency in the conduct of its mission. The “low” profile permits withholding if there is no public interest in the document, and it would be an administrative burden to process therequest. Exemption 3 applies to information specifically exempted by a statuteestablishing particular criteria for withholding.42 USC 2162 (a)– Information regarding Atomic Energy: Restricted Data42 USC 2168 (a)(1)(C) – Information regarding Atomic Energy: FormerlyRestricted Data10 USC 128 – Authority to Withhold Unclassified Special Nuclear Weapons Information10 USC 130 – Authority to Withhold Unclassified Technical Data withMilitary or Space ApplicationsExemption 4 applies to information such as trade secrets and commercial or financial information obtained from a company on a privileged or confidential basiswhich, if released, would result in competitive harm to the company. Exemption 5applies to interagency memoranda which are deliberative in nature and are a part of thedecision making process, and contain subjective evaluations, opinions and
 
recommendations. Exemption 6 applies to information of a personal nature which, if disclosed, would result in a clearly unwarranted invasion of personal privacy of theindividual. Consistent with Department of Defense policy, we have withheld the namesof government personnel. Exemption 7 applies to records of information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarrantedinvasion of the personal privacy of others.As we will be sending you more information and your request has yet to befulfilled, appeal rights will be provided in our final response. After receipt of the finalletter, if you consider any of our decisions to be an adverse determination, you may file awritten appeal that is postmarked no later than 60 calendar days after the date of thisletter to the Deputy Director, DTRA. This appeal should reference FOIA Case Number [CASENUMBER], and include a concise statement of the grounds upon which the appealis brought and a description of the relief sought. A copy of this letter should alsoaccompany your appeal. Both the envelope and your letter should clearly identify that aFreedom of Information Act Appeal is being made.The enclosed documents are comprised of [PAGESRELEASED] pages. The first100 pages are being provided to you free of charge. Please remit your check for $[BALANCEAMOUNT] to cover fees assessable under the FOIA for processing thisrequest (reproduction costs – [PAGESRELEASED] pages at $.15 per page). Make your check payable to the U.S. Treasurer and mail it to the Defense Threat Reduction Agency,COSMF (FOIA), 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, Virginia 22060,within 14 days of the date of this letter 
OR 
The enclosed documents are comprised of [PAGESRELEASED] pages. Since billable costs do not exceed $15, no assessable fees are due for the processing of thisrequest.
OR 
Please remit your check for $[BALANCEAMOUNT]to cover fees assessableunder the FOIA for processing this request (clerical search time- [time] at the rate of $20.00 per hour; professional review time – [time] at the rate of $44.00 per hour; and[PAGESRELEASED] pages reproduced at the rate of $.15 per page). Make your check  payable to the U.S. Treasurer and mail it to the Defense Threat Reduction Agency,COSM-F (FOIA), 8725 John J. Kingman Road, MSC 6201, Fort Belvoir, Virginia 22060,within 14 days of the date of this letter.Should you need further assistance regarding this request, please contact the FOIAaction officer, [OFFICERNAME], at [OFFICERPHONE] or the Requester ServiceCenter at (703) 767-1792. 

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