DARPA: Pulse Detonation Engines

Dear Mr. Carboni,

This is an interim response to your attached Freedom of Information Act (FOIA) request. Your request has been assigned case number 14-F-0519 and we ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this Office and (b) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1,240 open requests.

With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when “disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.

While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public’s increased understanding of the operations and activities of government. Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criterion of a public interest fee waiver as described in the previous paragraph.

In further reference to fees, I have determined that your request should be placed in the “other” fee category. Accordingly, you are entitled to the first two hours of search time at no charge, and the first 100 pages of duplication free of charge. Subsequent processing will be assessed at the established Department of Defense (DoD) fee rates of: professional search time--$44 per hour; executive search time--$75 per hour; and document reproduction at $0.15 per page.

If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 14-F-0519, and should be clearly marked "Freedom of Information Act Appeal."

Sincerely,

Curtis Gibbens, FOIA Analyst
For Suzanne Council on behalf of
Paul Jacobsmeyer, Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
(571) 372-0412
curtis.a.gibbens.civ@mail.mil

Mr. Carboni,

Your requested documents have been located and currently in the process of a complex review. We will contact you if there are any questions or concerns.

Respectfully,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Mr. Carboni,

Your requested documents have been located and currently in the process of a complex review.

Respectfully,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Carboni,

Please be aware that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

We appreciate your patience and understanding in this matter.

Thank you,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

Dear Mr. Carboni,

Please be aware that our office processes all incoming FOIA requests on a first-in, first-out, basis. This means that your request was placed in a queue once it was received in our office. It also means it will be placed in a queue by the office that is tasked to search for responsive records. We already have initiated just such a search for responsive records, but the timing of the results to be provided to our office will depend on the place in the queue that your request was assigned. It is conceivable that all processing could be completed and the results provided to you at an early date, but it is also possible that more time will be required. In any case, all releasable records, if any, cannot be provided to you until all processing is completed. As soon as that occurs, we will send a formal letter to you.

We appreciate your patience and understanding in this matter. Thank you.

Respectfully,
Curtis Gibbens

Mr. Ryan Carboni
MuckRock.com
Boston, MA

Sent by electronic mail to: requests@muckrock.com

Dear Mr. Carboni,

This is in response to your attached Freedom of Information Act (FOIA) request, case number 14-F-0519.

This office tasked the Defense Advanced Research Projects Agency (DARPA) to conducted a search based on your requested information. DARPA replied that Blackswift Test Bed study and planning program begin in 2007. Their agency and the U.S. Air Force had planned on conducting propulsion trade studies and conceptual design review starting in 2008. However, the program did not receive needed funding from Congress and the program was cancelled in October 2008. Therefore, no records were located in response to your request.

If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to the OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155; you may also submit your appeal electronically at the following link: http://pal.whs.mil/palMain.aspx. Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 14-F-0519, and should be clearly marked "Freedom of Information Act Appeal.

Sincerely,

Curtis Gibbens, FOIA Analyst
For Suzanne Council on behalf of
M.L. Wahling, Acting Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
(571) 372-0412
curtis.a.gibbens.civ@mail.mil