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ELECTRONIC MAIL
September 17, 2013
Ms. Susan [email protected]
Re: Freedom of Information Act (FOIA) Request #ES13-003557
Dear Ms. Carroll:
This responds to yourAugust 26, 2013
FOIA request seeking records related to
NiTS data on allfatal back-over accidents reported from 2008 to
2012.
In support of your requests for expedited process, you state
that you are making this request inyour capacity as a journalist,
and because this information is of a timely nature.
I have decided to deny your requests for expedited
processing.
To qualify for expedited processing under the Departments
regulations, [a] requestor who seeks
expedited processing must submit a statement, certified to be
true and correct to the best of thatpersons knowledge and belief,
explaining in detailthe basis for requesting expedited
processing.
49 CFR 7.31(c)(3) (emphasis added). In addition, a requester
primarily engaged in disseminatinginformation must establish a
particular urgency to inform the public about the government
activityinvolved in the request, beyond the publics right to know
about government activity generally. Id.Therefore, the relevant
test for determining whether the request should be given expedited
treatmentturns on whether the requester has demonstrated a
compelling need that involves an urgency to
inform the public of actual or alleged Federal Government
activity. 49 CFR 7.31(c)(1)(ii).
In determining whether requestors have demonstrated urgency to
inform, and therefore whether
there is a compelling need justifying expedited treatment,
courts consider three factors: (1)
whether the request concerns a matter of current exigency to the
American public; (2) whether theconsequences of delaying a response
would compromise a significant recognized interest; and (3)
whether the request concerns federal government activity.
Al-Fayed v. CIA, 254 F.3d 300, 310(D.C. Cir 2001).
First, you have not demonstrated current exigency to the
American public in the subject matter of
the information sought. You state that the information will be
used for news gathering purposes,but you provide no specific
evidence demonstrating particular public interest in the actions
specifiedin your requests.
Second, you have not identified any significant adverse
consequence that would result if yourrequests for expedited
treatment were denied. You have alleged no event or specific
interest that
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would weigh in favor of expedited release of the requested
information. You do not demonstratethe substantial public interest
or adverse consequence required to show urgency.
Based upon the foregoing, I find that you have failed to
establish the urgency to inform to
substantiate your request for expedited treatment.
You stated that you were willing to pay fees necessary to
procure the information. We estimate theprocessing fees to be
approximately $400.00. Pursuant to the provisions of 49 C.F.R. Part
7, thisfee represents 6 hours of search time and 2 hours of review
time at $50.00 per hour, plus $4.00 forone CD-ROM.
Consistent with the provisions of 49 C.F.R. 7.42 (c), I will
take no further action on your requestuntil you specify the amount
you are willing to pay. If we do not hear from you by September
27,2013, the agency will proceed to close its file.
Very Truly Yours,
Senior Attorney
