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2008_11_06 - FOIA Response Letter

2008_11_06 - FOIA Response Letter

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Published by: CREW on Mar 31, 2011
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ADELPHI MD 20783-1197

November 6, 2008 Office of Chief Counsel SUBJECT: Freedom of Information Act (FOIA) Act Request for Records Relating to Sioux Manufacturing Corp., FOIA No. FA-08-0025 Mr. William C. Holmes Citizens for Responsibility and Ethics in Washington 1400 Eye Street, NW, Suite 450 Washington, D.C. 2005 Dear Mr. Holmes: This letter responds to your Freedom of Information Act (FOIA) request dated March 5, 2008, which was forwarded to this office by the Department of the Army Freedom of Information and Privacy Division for response. In regard to your request for materials that discuss or relate to government standards for kevlar cloth as a component material for use in the manufacture of combat helmets, the military specifications and standards are publicly available documents. Standards and specifications include Army MIL-C-44050A, Military Specification, Cloth, Ballistic, Aramid; MIL-H-44099A, Military Specifications Helmet, Ground troops and Parachutists, 22 December 1986; and MIL-STD-662F, Department of Defense Test Method Standard: V50 Ballistic Test for Armor are offered for sale from various sources such as the American National Standards Institute, http://www.ansi.org/ or IHS (http://aero-defense.ihs.com/). Other commercial sources are also available and may be located by a good search engine on the web. The Army Research Laboratory has three relevant published reports dated between January 1,2001 and the present, all of which are available from the Defense Technical Information Center, http://www.dtic.mil/. They are: 1) Hybrid Helmet Cure Cycle Optimization: Accession Number: ADA478366, Final Report, Corporate Author: Army Research Laboratory Aberdeen Proving Ground, Weapons and Materials Research Directorate. Personal Author(s): Spagnuolo, David M; Napadensky, Eugene. Report Date: Feb 2008. Media Count: 17 Page(s) Cost: $9.60 Report Number(s): ARL-TR-4384; XA-ARL/MR Project Number: DE25 2) Hybridized Thermoplastic Aramids: Enabling Material Technology For Future Force Headgear, Accession Number: ADA481 016, Conference paper, Corporate Author: Army Research Laboratory Aberdeen Proving Ground, Weapons and Materials Research Directorate, Personal Author(s): Walsh, Shawn M.; Scott, Brian R.;

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Spagnuolo, David M.; Wolbert, James P Report Date: Nov 2006 Media Count: 31 Page(s); Cost: $9.60. Report Number(s): XA-ARL/MR 3) The Development of a Hybrid Thermoplastic Ballistic Material With Application to Helmets, Accession Number: ADA441165, Final technical report, Corporate Author: Army Research Laboratory Aberdeen Proving Ground, Weapons and Materials Research Directorate, Personal Author(s): Walsh, Shawn M.; Scott, Brian R.; Spagnuolo, David M., Report Date: Dec 2005. Media Count:39 Page(s) Cost: $9.60. Report Number(s): ARL-TR-3700. Regarding documents assessing or evaluating Sioux Manufacturing's performance of contractual obligations in supplying materials for combat helmets, the Army Research Laboratory's Weapon's and Materials directorate was requested, along with the Army Test and Evaluation Command, to test kevlar helmets in anticipation of litigation. Electronic mail was exchanged as part of this process. Records that are exchanged among agency personnel and within and among DoD Components or agencies as part of the preparation for anticipated administrative proceeding by an agency or litigation before any Federal, State, or military court are exempt from release under FOIA Exemption 5 (5 U.S.C. §552(b)(5). Insofar as the Army Research Laboratory is the release authority for the electronic mail documents relating to evaluation of kevlar helmets produced by Sioux Manufacturing, your request is denied. As the agency is withholding all e-mail documents related to the testing of kevlar helmets for the purpose of assessing or evaluating Sioux Manufacturing's performance based on exemption 5, the agency believes the rationale for providing an index of documents under Vaughn v. Rosen is inapplicable in this instance. The following list of documents, excluding electronic mail, produced as a result of the requested testing is under the authority of Army Test and Evaluation Command. Note that most are marked for official use only (FOUO) and may be restricted to release to government agencies only. 1. Daily Logs (test status) (FOUO, Gov't Only); 2. Test Plan, Title: Event Design Plan for the Ballistic Vulnerability Test of the Personal Armor System Ground Troops (PASGT) Military Helmets; 3. System Evaluation Report for Personnel Armor System Ground Troops (PASGT) Military Helmets (FOUO); 4. Quick-Look Report (Presentation), Personnel Armor System for Ground Troops (PASGT) Helmet Test (FOUO); 5. OSD Executive Brief, Personnel Armor System for Ground Troops (PASGT) Helmet Test (FOUO). Release authority for the above documents is the Army Test and Evaluation Command (ATEC). Your request is, therefore, being forwarded to:

U. S. Army Test and Evaluation Command ATTN: CSTE-IM, 4501 Ford Avenue, Suite 870 Alexandria, Virginia 22302-1458 for release determination.

This action is taken on behalf of the Initial Denial Authority, Gen. Benjamin S. Griffin, Commanding General, United States Army Materiel Command. You may appeal this denial to the Secretary of the Army. Any such appeal should be addressed to Director, U.S. Army Research Laboratory, ATTN: AMSRD-ARLO-CC, 2800 Powder Mill Road, Adelphi, Maryland 20783-1197, for forwarding to the Army General Counsel for final disposition on behalf of the Secretary of the Army. Your appeal must be filed so that it reaches the appellate authority within 60 calendar days after the date of this letter. Fees are waived in accordance with DODD 5500.7-R. If you have any questions, you may contact Mr. Sam Shelton at the above address or at telephone (301 )-9083826.


Robert R. Chase Acting Chief Counsel Initial Denial Authority

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