FOIA Request
Tracking # |
FFRA-24-00350 FFRA-24-00414 |
Submitted | Aug. 14, 2024 |
Est. Completion | None |
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Communications
From: Kevin LaMarca
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I am searching for any and all documents regarding, evidencing, or detailing violations, warnings, cautions, fines, penalties, judgments, agency determinations, and/or enforcement inspections against the following entities at any time from 1972 to present:
- BNSF Railway
- Burlington Northern Railroad
This requests specifically seeks, but is not limited to, any records regarding violations, warnings, cautions, fines, testing, inspection, citations, survey work, agency recommendations/plans of action, or any communications with the above-named entity(-ies) regarding or related to violations of air quality, pollution, waste disposal, respiratory protection, workplace safety, and asbestos-related standards.
This request is limited to only those violations that occurred in Montana and/or Minnesota.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Kevin LaMarca
From: Federal Railroad Administration
Dear Kevin LaMarca: Please find the attached letter acknowledging receipt of your FOIArequest that you submitted to the Federal Railroad Administration (FRA).
Kind regards,
Office of the Chief Counsel
Federal Railroad Administration
From: Federal Railroad Administration
Dear Kevin LaMarca: Please find the attached correspondence regarding the FOIA requestthat you submitted to the Federal Railroad Administration (FRA). Kind regards,
Office of the Chief Counsel
Federal Railroad Administration
From: Federal Railroad Administration
Dear Kevin LaMarca:
This email serves as a follow up to the below correspondence initially sent on July 22, 2024, pertaining to your FOIA request for any and all documents regarding, evidencing, or detailing violations, warnings, cautions, fines, penalties, judgments, agency determinations, and/or enforcement inspections from 1972 to present against the following entities:
- BNSF Railway
- Atchison, Topeka, and Santa Fe Railway
- Burlington Northern Railroad
- St. Louis-San Francisco Railway
The FOIA and agency regulations require requesters to reasonably describe the records they seek.. See 5 U.S.C. § 552(a)(3)(A); 49 CFR § 7.24(d). Your request, as described, seeks 51 years and 7 months' worth of records. This is a significant amount of information and is too broad and complex in nature.
Under the FOIA and agency regulations, the agency is not required to process requests that require an unreasonably burdensome search. FRA asks that you reformulate and/or narrow the scope of your request (e.g. provide a shorter time frame; prioritize the subject matter that you would like to receive first), to limit the burden on the agency. You may visit FRA's website to search for and locate documents that may assist you in better defining the scope of your request at https://safetydata.fra.dot.gov/officeofsafety/ (e.g. railroad accident data or reports, including railroad supplied accident reports for specific accidents).
Additionally, FRA records retention periods vary depending upon the specific type of records, also are available for public on the NARA site: Records Control Schedules | National Archives<https://www.archives.gov/records-mgmt/rcs/schedules/index.html?dir=/departments/department-of-transportation/rg-0399>
Please provide a response within 7 calendar days of the date of this email. If we do not receive a response from you, we will administratively close your request without further notice.
Regards,
Syreeta Jackson
Government Information Specialist
Office of the Chief Counsel (RCC)
Federal Railroad Administration
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