Saturday, September 18, 2021

Remote ID FOIA #2012-004978

FOIA #2012-004978

Won’t Get Fooled Again 

The safety of the NAS hangs like a loose tooth, and RID is the fix to identify bad actors and the scheme to usher in BVLOS operations. The identity and location of minors will reveal; however public employees are concerned about their “personal privacy” while working in an official capacity.

I wonder if there will be any panels at the drone shows addressing all of the privacy concerns for government employees in the public rulemaking process? 

Dear Mr. Egan: 

This responds to your Freedom of Information Act (FOIA) request dated June 17, 2021. You requested all releasable portions of all of the concurrences from each office of primary responsibility (OPR) for the final rule titled Remote Identification of Unmanned Aircraft, specifically, the names, offices, physical signatures, digital signatures, dates, times, and similar information on these concurrence. 

The Office of Rulemaking (ARM) performed a search of our electronic mail (email) and internal database. This office located the Federal Aviation Administration’s (FAA) Executive Leadership 1, Executive Leadership 2 and Administrator’s concurrence

Enclosed are copies of the records this office located with the names, offices, with dates and times for digital signatures and similar concurrences. This information has been redacted and is being withheld from disclosure under Exemption 6 of the FOIA. Exemption 6 of the FOIA protects information that pertains to an individual “the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. 552(b)(6). When determining whether to withhold a record or portions of records under Exemption 6, the privacy interest of the individual must be balanced against any “FOIA Public Interest” in the disclosure of the information. In making this analysis, the FOIA public interest considered is limited to information, which would shed light on the FAA’s performance of its mission: to provide a safe, efficient aerospace system. In the case of the redacted information, I find disclosing the signatures and personal telephone numbers would not shed light on the FAA’s performance of its mission, and as such, release of their names and associated telephone numbers would constitute a clearly unwarranted invasion of personal privacy. 

This office did not locate records for Milestone 3 concurrence. 

Based on the Department of Transportation (DOT) regulations regarding FOIA requests, your request falls under the “All Other” fee category. Because for this category, the DOT does not charge for the first two hours of search, for hours of review, and for the first 100 duplication pages. There are no fees associated with your request. 

The undersigned is responsible for the partial no records and partial denial determination that the Office of Rulemaking has located partial records and denied partial records responsive to your request. Should you consider this partial no records and partial denial response a denial of your request, you may request reconsideration of this determination by writing to the Assistant Administrator for Finance and Management (AFN-400), Federal Aviation Administration, 800 Independence Avenue, SW, Washington DC, 20591 or through electronic mail at: [email protected]. Your request must be made in writing within 90 days from the date of this letter and must include all information and arguments relied upon. Your letter must also state that it is an appeal from the above-described denial of a request made under the FOIA. The envelope containing the appeal should be marked “FOIA Appeal.” 

You also have the right to seek dispute resolution services from the FAA FOIA Public Liaison via phone (202-267-7799) or email ([email protected]) noting FOIA Public Liaison in the Subject or the Office of Government Information Services (https://ogis.archives.gov) via phone (202-741-5770 / toll-free–1-877-684-6448; fax–202-741-5769); or email ([email protected]). 

Sincerely, /s/ Timothy R. Adams

Acting Executive Director, Office of Rulemaking 

Sent by Judine Slaughter

Office of Rulemaking (ARM)

(O) 202-267-3793 Passionate concern is the rule, not the exception.~ Steve Dickson

Patrick Eganhttp://patrickegan.net/
Editor in Field, sUAS News Americas Desk | Patrick Egan is the editor of the Americas Desk at sUAS News and host and Executive Producer of the sUAS News Podcast Series, Drone TV and the Small Unmanned Systems Business Exposition. Experience in the field includes assignments with the U.S. Army Space and Missile Defense Command Battle Lab investigating solutions on future warfare research projects. Instructor for LTA (Lighter Than Air) ISR systems deployment teams for an OSD, U.S. Special Operations Command, Special Surveillance Project. Built and operated commercial RPA prior to 2007 FAA policy clarification. On the airspace integration side, he serves as director of special programs for the RCAPA (Remote Control Aerial Photography Association).