dtra foia final letter - deny in part (dip)

8/3/2019 DTRA FOIA Final Letter - Deny in Part (DIP)

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Case Number: [CASENUMBER]

[REQUESTERPREFIX] [REQUESTERNAME][STREET1][STREET2][CITY], [STATESHORT] [ZIPCODE]

Dear [REQUESTERPREFIX] [RLNAME]:

This is the final response to your Freedom of Information Act (FOIA) requestdated [REQUESTEDDATE], and received in this office [RECEIVEDDATE]. You

requested [REQUESTDESCRIPTION].

Enclosed is a copy of [NAME or NUMBER OF DOCUMENTS]. Someinformation is exempt from disclosure under FOIA Exemption(s) _, _, _ and _ of Title 5U.S.C. 552.

And/OrIn addition, [# of pages] are being withheld in their entirety under FOIA Exemption(s) _.

OrThe records you requested are being withheld in their entirety, as they contain

information exempt from disclosure under

Exemption 1 applies to information which is currently and properly classified inthe interest of national defense and foreign policy, as authorized by 1.4 section subparagraph,Executive Order 13526, as amended. Unauthorized disclosure of this information couldreasonably be expected to cause damage to the national security.

Exemption 2 applies to information which if released, would allow thecircumvention of an agency rule, policy, or statute, thereby impeding the agency in theconduct of its mission. (state what is being withheld).

FOIA Exemption 3 applies to information specifically exempted by a statuteestablishing particular criteria for withholding. The underlying statute applied is:________ (choose from list below).

42 USC 2162 (a) Information regarding Atomic Energy: Restricted Data whichspecifies the withholding of Restricted Data.

42 USC 2168 (a)(1)(C) Information regarding Atomic Energy: FormerlyRestricted Data which specifies the withholding of Formerly Restricted Data.


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10 USC 128 Authority to Withhold Unclassified Special Nuclear WeaponsInformation.

10 USC 130 Authority to Withhold Unclassified Technical Data with Military orSpace Applications.

FOIA Exemption 4 applies to information such as trade secrets or commercial orproprietary information obtained from a person, that is privileged or confidential, that ifreleased, would result in competitive harm to a contractor. (state what is being withheld)

Exemption 5 applies to interagency memoranda which are deliberative in natureand are a part of the decision making process, and contain subjective evaluations,opinions and recommendations.

FOIA Exemption 6 applies to information of a personal nature such as names,medical information, or other personal information which, if disclosed, would result in a

clearly unwarranted invasion of personal privacy of the individual.

Exemption 7applies to records of information compiled for law enforcementpurposes that could reasonably be expected to constitute an unwarranted invasion of thepersonal privacy of others.

All determinations are made on behalf of the Director of DTRA Public Affairs, theInitial Denial Authority. If you consider this to be an adverse determination, you mayfile a written appeal that is postmarked no later than 60 calendar days after the date ofthis letter to the Deputy Director, DTRA. The appeal should reference FOIA case

number, contain a concise statement of the grounds upon which the appeal is brought anda description of the relief sought. A copy of this letter should also accompany yourappeal. Both the envelope and your letter should clearly identify that a Freedom ofInformation Act Appeal is being made.

Please remit your check for $0.00 for processing this request (professional search -[time] at the rate of $20.00 per hour; and 0 pages reproduced at the rate of $.15 per page).Make your check payable to the U.S. Treasurer and mail it to the Defense ThreatReduction Agency, DIR-PA-F (FOIA), 8725 John J. Kingman Road, MSC 6201, FortBelvoir, Virginia 22060, within 14 days of the date of this letter.

Or

No fees are due as the assessable costs total $25.00 or less.

If you need further assistance regarding this request, contact the FOIA actionofficer, [OFFICERNAME], at [OFFICERPHONE], or the requester service center at(703)767-1792.


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Sincerely,

Juanita Y. GainesChief, Freedom of Information/

Privacy Act Branch

Enclosures:As stated

dtra foia final letter - deny in part (dip)

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