One of two FOIA request submitted today.

November 9, 2009

Federal Aviation Administration
National Freedom of Information Act Staff, ARC-40
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591

FOIA REQUEST
Fee benefit requested
Expedited processing requested

Dear FOIA Officer:

Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all records,reports, new clips, memorandum, Emails, correspondence, and any other minutes and documentation in all forms, which went into the formulation of the FAA policy in the Airport Compliance Manual 5190.6B date September 2009, related to Chapter 20 and all other directives and policies related to "hangar homes", "hangar residences," "through the fence (TTF)" agreements, at federally funded airports.

I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $500.00. However, please notify me prior to your incurring any expenses in excess of that amount.

As a representative of the news media I am only required to pay for the direct cost of duplication after the first 100 pages. Through this request, I am gathering information on 5190.6B and its directives related to hangar residences and through the fence agreements at federally funded airports. that is of current interest to the public because the directive is new and was produced without public input. This information is being sought on behalf of AircraftOwner.com, an on line aviation news magazine. for dissemination to the general public.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

As I am making this request as a journalist and this information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request.

Please provide expedited processing of this request which concerns a matter of urgency. As a journalist, I am primarily engaged in disseminating information. The public has an urgent need for information about the Airport Compliance Manual 5190.6B and its affect on current and future throught the fence agreements because of its impact on the public and its formulation without public input or comment, either from individuals or representative groups. I certify that my statements concerning the need for expedited processing are true and correct to the best of my knowledge and belief.

I look forward to your reply within 20 business days, as the statute requires.

Thank you for your assistance.

Sincerely,

Brent Blue

Date: Mon, 07 Dec 2009 20:52:53 -0700
To: kathy.brockman@faa.gov
From: Brent Blue <brentblue@wyoming.com>
Subject: Re: FOIA request 2010-0885

Ms. Brockman:

Per our conversation today, I am agreeing to receive what you have been able to gather to comply with my two FOIA requests at this time. However, I am not accepting the material you are sending as the completed request.

Your presented to me that the request has been sent to regions where they have told you that it will require voluminous amount of time to compile. Given that there are only approximately 40 airports in the United States which are federally funded that have "through-the-fence" access agreements, this is disingenuous at best. For the Northwest Region to estimate it will take 80 hours of time to compile the data given they only have approximately eight of these airports is obstructing the spirit of the FOIA legislation and their obstruction may be a violation of law.

What is more significant, if there is data that was used to justify the FAA's TTF concerns about noise complaints from hangar residences, economic inequities, and safety or security issues, then this data would already have been compiled for the Airport Compliance Manual preparation.

To reiterate, I am agreeing to receive what you have been able to gather but continue my request for any noise complaints per my November 9th, 2009 request.

In addition, in receiving the information from you related to my November 8th request for data supporting the formulation of the Airport Compliance Manual "through the fence" section dated September 30, 2009, I am reserving the right to re activate this request if the material submitted does not support why and how the decision making was performed.

Thank you very much for your time. I understand that this is not an issue with you but one of my concerns is that the FAA has acted without data and or justification. The lack of material in your search supports my concerns.

Brent Blue