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Daniel Boguslaw filed this request with the Federal Maritime Commission of the United States of America.
Status
Rejected

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From: Daniel Boguslaw

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All letters, memos, reports, subpoenas and/or briefs produced or received by the Federal Maritime Commission between 01/01/2016 and 01/05/2017 pertaining to the
International Council of Containership Operators, also called the Box Club.

As a member of the news media writing for outlets including The Intercept, The New Republic, and The American Prospect, I request that any associated fees be waived.

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,

Daniel Boguslaw

From: Federal Maritime Commission

Dear Daniel Boguslaw:

This email acknowledges your Freedom of Information Act (FOIA) request below submitted to the Federal Maritime Commission (FMC/Commission) on June 23, 2022 seeking all letters, memos, reports, subpoenas and/or briefs produced or received by the Federal Maritime Commission between 01/01/2016 and 01/05/2017 pertaining to the
International Council of Containership Operators, also called the Box Club. Your request has been assigned FMC FOIA number 22-035.

Please be advised that we currently have pending FOIA requests in the queue prior to your request; it may be a month or two before we begin to process your request.

For your information, if there are documents found to be responsive to your request, they may contain the following type of information protected from disclosure under the FOIA:

* Information protected by statute pursuant to FOIA Exemption 3, 5 U.S.C. §552(b)(3) 46 U.S.C. § 40306 Agreement information and documents filed with the Commission (other than Agreements)

* Trade secrets or commercial or financial information that is confidential or privileged pursuant to FOIA Exemption 4, 5 U.S.C. §552(b)(4)
* Privileged communications within or between agencies pursuant to FOIA Exemption 5, 5 U.S.C. §552(b)(5)
* Information that, if disclosed, would invade another individual's personal privacy pursuant to FOIA Exemption 6, 5 U.S.C. §552(b)(6)

When corresponding with the Commission regarding this FOIA request, please refer to the assigned FMC FOIA number provided above. Feel free to contact the FMC FOIA office by reply to this email if you have any questions.

Sincerely,
Ian Lane
Government Information Specialist
Federal Maritime Commission<http://www.fmc.gov/>
202/523-5726 | ilane@fmc.gov<mailto:ilane@fmc.gov>
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The Commission's FOIA Public Liaison is available to resolve any disputes. Contact information is:
William Cody, Secretary
FOIA@fmc.gov<mailto:FOIA@fmc.gov>
Phone: 202-523-5725

From: Federal Maritime Commission

Dear Daniel Boguslaw:

This is in response to your Freedom of Information Act (FOIA) request FMC 22-035 submitted to the Federal Maritime Commission (FMC) seeking all letters, memos, reports, subpoenas and/or briefs produced or received by the Federal Maritime Commission between 01/01/2016 and 01/05/2017 pertaining to the
International Council of Containership Operators, also called the Box Club as required by 46 U.S.C. § 44102 and 46 C.F.R. § 540.5.

Twenty-five documents responsive to your request were found. Seven are being provided in full; four are being provided and are redacted as annotated, pursuant to FOIA Exemption 6, 5 U.S.C. §552(b)(6), Information that, if disclosed, would invade another individual’s personal privacy; the remaining 14 are being withheld in full pursuant to FOIA Exemptions:

* 3, 5 U.S.C. §552(b)(3) 46 U.S.C. § 40306, Agreement information and documents (other than an Agreement) filed with the Federal Maritime Commission; and
* 5, 5 U.S.C. §552(b)(5) Privileged communications within or between agencies.

We will now consider your request closed. Administrative appeals should be submitted to the Chairman of the Federal Maritime Commission pursuant to 46 C.F.R. §503.32<http://www.ecfr.gov/cgi-bin/text-idx?SID=9109e9d6d5bedc9383fae368c74ea2a9&mc=true&node=pt46.9.503&rgn=div5#se46.9.503_132>. Your appeal must be postmarked or electronically transmitted within 90 days of today’s date.

There will be no charge for responding to your FOIA request. When corresponding with the Commission regarding this FOIA request, please refer to the assigned FMC FOIA number provided above.

Please reply to this email if you have any questions.

Sincerely,
William Cody
Secretary/FOIA Public Liaison
Federal Maritime Commission
[A picture containing company name Description automatically generated]<http://www.fmc.gov/>

The Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you wish to contact OGIS, you may email them at: ogis@nara.gov<mailto:ogis@nara.gov> or call 1-877-684-6448<tel:1-877-684-6448>

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From: Daniel Boguslaw

To whom it may concern,

I am writing to appeal the witholding of 14 documents in response to my FOIA request FMC 22-035:

"Seeking all letters, memos, reports, subpoenas and/or briefs produced or received by the Federal Maritime Commission between 01/01/2016 and 01/05/2017 pertaining to the International Council of Containership Operators, also called the Box Club as required by 46 U.S.C. § 44102 and 46 C.F.R. § 540.5."

The justification for this witholding are justified by the following exemptions:

3, 5 U.S.C. §552(b)(3) 46 U.S.C. § 40306, Agreement information and documents (other than an Agreement) filed with the Federal Maritime Commission; and
* 5, 5 U.S.C. §552(b)(5) Privileged communications within or between agencies

I would like to challenge the assertion that the witheld documents are shielded by the aforementioned provisions, and request that the documents in question are released to me in a redacted version, or in a partial form so as to meet the disclosure requirements. I would also like to request a review of the thoroughness of the search, to determine whether all documents falling under the request were legitimately queried and reviewed.

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From: Federal Maritime Commission

A letter stating that the request appeal has been rejected.

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