III

KAPLAN KIRSCH ROCKWELL

EXHIBIT

I 1/ fl

March 28, 2008

Federal Aviation Administration

National Freedom of Information Act Staff

ARC-40

800 Independence Avenue, SW

Washington, DC 20591

Fax: (202) 493-5032

E-Mail: 7-AWA-ARC-FOIA@FAA.gov

Re: Freedom of Information Act Request

To Whom It May Concern:

Pursuant to the Freedom ofInfonnation Act, 5 U.S.C. § 552, I am requesting access to and

copies of any and all records and documents referring or relating to the issues identified herein.

As used in this request, the terms "records" and "documents" have the meaning generally

ascribed to those terms under the Freedom of Information Act.

The relevant time period for this request is January 1, 2001, through today. I request that copies

of the records and documents regarding the following subjects be provided to me:

1) TIle development and implementation of the Federal Aviation Administration's (FAA's)

Runway Safety Area (RSA) Program and the use of RSAs at airports in the United States. These

records and documents shall include, but not be limited to, FAA guidance and all records and

documents related to meetings, telephone calls and other communications (including e-mails,

faxes, letters, and memoranda) concerning FAA's efforts to require or not require airports to

implement RSAs.

2) Studies and data regarding the use or potential use of Engineered Materials Arresting

Systems (EMAS) at airports in the United States other than the Santa Monica Airport.

3) Studies and data, including modeling, regarding the use or potential use of EMAS at

Santa Monica Airport.

4) Studies, reports and data regarding runway overruns at airports in the United States.

5) Studies, reports and data regarding runway overruns at the Santa Monica Airport.

Attoflle}'S at Law

Denver • New York • Wa~hington. DC

Kaplan Kirsch & Rockwdl LLP lei: (202) 955·5(,O{}

llJOI Connecticut Are,. N,W,.Suite 905 fax: (202) 955·5616

W.Lshillj\IOll, DC 20056 www.kaplankirsch.com
Federal Aviation Administration

March 28, 2008

Page 2

6) Data regarding the operating specifications ofthe Category C and D aircraft that use and

have used the Santa Monica Airport from January 1,2001, through the present.

7) Records and documents related to any meetings, telephone calls, or other

communications (including, without limitation, e-mails, faxes, letters, and memoranda) with any

outside party to discuss the potential implementation ofRSAs and/or installation of EMAS at

Santa Monica Airport, including all agendas, minutes, notes, and documents generated for use

prior to, in, or after those meetings, telephone calls, or other communications. This request

includes all records and documents with respect to any meetings, telephone calls, or other

communications with outside parties concerning potential actions the FAA or other parties may

take, or seek to take, (a) to prevent the City of Santa Monica from enacting or enforcing any

ordinance to ban Category C and D aircraft at Santa Monica Airport, or (b) to overturn any such

ordinance, if enacted. This request covers all sueh meetings, telephone calls, and

communications that occurred prior to, during, or after enactment of such ordinance.

8) Data regarding landings and takeoff weights, payload, and passenger load, and flight

distance of actual aircraft operations at Santa Monica Airport.

9) Development of FAA estimates of landings and takeoff weights, payload, passenger load,

and flight distance of actual aircraft operations at Santa Monica Airport

10) FAA analysis of studies performed by Coffman Associates regarding the Santa Monica

Airport's proposed ban of Category C and D aircraft or various proposed EMAS configurations,

11) The Airport Cooperative Research Program's runway safety computer model, and the

results produced by the model regarding the likelihood of an aircraft overrun or undershoot at

Santa Monica Airport. (Kirk Schaffer, FAA Associate Administrator for Airports, discussed this

computer model at the March 25) 2008 Santa Monica City Council meeting.)

12) Runway safety at Santa Monica Airport.

Since I am filing this request on behalf of the City of Santa Monica, which is a municipal

corporation of the State of California that is charged by law with protecting the interests of its

citizens, I request that you waive all search and duplication fees, pursuant to

5 U.S.c. § 552(a)(4)(A); 49 C.F.R. § 7.44(e).

I ask that this request be expedited and the information be provided to me within the next five

days. The information requested herein is critical to the City)s ability to respond to a March 26,

2008 Show Cause Order issued to it by the FAA concerning an administrative action involving

issues relevant to this FOIA request. (See attached.) The Show Cause Order requires the City to

respond within ten days. While the City is seeking an extension of that deadline under separate

cover, there is no guarantee the request for extension will be granted. In the event that the
Federal Aviation Administration

March 28, 2008

Page 3

request for an extension of the Show Cause deadline is granted, I will modify this request to

expedite under FOIA.

If this request is denied in whole or in part, I ask that you justify' all deletions by reference to the

specific exemptions of the Freedom of Information Act in a Vaughn index. See,~, Vaughn v.

Rosen, 484 F.2d 820 (D.C. Crr. 1973), cert, deni~ 415 U.S. 977 (1974).

Thank you in advance for your cooperation in this matter. Ilook forward working with you to

facilitate a prompt resolution of this request. Toward that end, if it is more convenient for you,

please feel free to respond to me via telephone (202) 955·5600 x.568, or e-mail

(tdevine@kaplankirsch.com) instead of by U.S. Mail. I am happy to receive documents in the

fashion that is the most convenient for you, whether by fax, electronic transmission, or in person,

if necessary. Please contact me if you have any questions.

Sincerely,

Thomas R. Devine

Kaplan, Kirsch & Rockwell, LLP

1001 Connecticut Ave., NW

Suite 905

Washington, DC 20036

(202) 955-5600

Enclosures

165010
EXHIBIT

IJ7EH!j&

U.S. Department

of Transportation

800 Independence Avenue. SW

Washington, DC 20591

Federal Aviation

Administration

March 31, 2008

Mr. Thomas R. Devine

Kaplan, Kirsch & Rockwell, LLP

1001 Connecticut Avenue, 1\T\V.Suite 905

Washington. DC 20036

Freedom of Information Act (FOrA) Request 2008·3904

Dear Mr. Devine:

This letter acknowledges receipt of your March 28 FOlA requesting a copy of those records pertaining

to the Santa Monica Airport, as listed in Items 1-12, for the period January 1, 200 I, to the present.

Your request has been assigned for action to the following Federal Aviation Administration office:

Associate Administrator for Airports, ARP-I

800 Independence Avenue, SW

Washington, DC 20591

Contact: Leon L. Thomas

FOIA Coordinator

Telephone: 202·267-8804

If you wish to inquire as to the status of your request, please contact the assigned FOIA coordinator.

Please refer to the above-referenced number on all future correspondence regarding this request.

Your request for a fee waiver is denied as you do not meet the requirements as outlined in Departmental

Regulations. 49 Cf'R Section 7.44(f), as follows:

Section (1)(3) - the disclosure of the requested information will not contribute to the

understanding of the public at large, as opposed to the individual understanding of the

requester or a narrow segment of interested persons.

As an "aU other" requester, fees for your request \\;11 be calculated as follows: (I) reasonable standard

charges for search time (first 2 hours free); (2) reasonable standard charges for duplication (first 100

pages free); (3) other forms of duplication charged at actual cost; and (4) no charge for review time.

Your request for expedited processing has been denied, as you have not shown a compelling need based

on imminent threat to life or physical safety of'anindividual, nor an urgency to infonn the public of'an

actual Or alleged FAA activity beyond the public's right generally to know about Government activity.

The undersigned is responsible for the above fcc waiver and expedited processing denials. You may

request reconsideration of this determination by writing to the Assistant Administrator for Regions and
2

Center Operations, Federal Aviation Administration, 800 Independence Avenue, SW., Washington.

DC 20591. Your request must be made in writing within 30 days from the date of receipt of this letter

and must include all information and arguments relied upon. Your letter must also state that it is an

appeal from the above-described denial and include your assigned FOIA control number. TI1C envelope

containing the appeal should be marked "FOIA Appeal."

Sincerely,

~_.

;,-._J ~L ..•

Douglas C. Taylor, Ph:n.

Manager, Planning and FOIA

Management Staff