# IIIKAPLAN KIRSCH ROCKWELL EXHIBIT 

# I 1/fl

March 28, 2008

Federal Aviation Administration National Freedom ofInformation 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 ofInformation ActRequest To Whom ItMay Concern: Pursuant tothe Freedom ofInfonnation Act, 5 U.S.C. § 552, Iamrequesting access to and copies ofany and allrecords and documents referring orrelating to the issues identified herein. As used inthis request, the terms "records" and "documents" have the meaning generally ascribed to those terms underthe Freedom ofInformation Act. The relevant time period forthis request isJanuary 1,2001, through today. Irequest that copies ofthe records and documents regarding the following subjects beprovided to me: 1) TIledevelopment and implementation ofthe Federal Aviation Administration's (FAA's) Runway Safety Area (RSA) Program andthe use ofRSAs atairports inthe United States. These records and documents shall include, butnotbe limited to, FAAguidance and all records and documents related tomeetings, telephone calls and other communications (including e-mails, faxes, letters, andmemoranda) concerning FAA's efforts to require ornotrequire airports to implement RSAs. 2) Studies and dataregarding the useorpotential use ofEngineered Materials Arresting Systems (EMAS) at airports inthe United States other thanthe SantaMonica Airport. 3) Studies and data, including modeling, regarding the use orpotential use ofEMAS at SantaMonica Airport. 4) Studies, reports and dataregarding runway overruns at airports inthe United States. 5) Studies, reports anddata regarding runway overruns atthe SantaMonica Airport.

Attoflle}'S at Law Denver • New York • Wa~hington. DC Kaplan Kirsch & Rockwdl LLP lei: (202) 955·5(,O{} llJOIConnecticut Are,.N,W,. Suite905 fax: (202) 955·5616 W.Lshillj\IOll, DC20056 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 usedthe Santa Monica Airport from January 1,2001, through the present. 7) Records and documents related to any meetings, telephone calls, orother communications (including, without limitation, e-mails, faxes, letters, and memoranda) with any outside party to discuss thepotential implementation ofRSAs and/or installation ofEMAS at Santa Monica Airport, including all agendas, minutes, notes, and documents generated for use prior to, in, orafter those meetings, telephone calls, orother communications. This request includes allrecords and documents with respect to any meetings, telephone calls, or other communications with outside parties concerning potential actions the FAA or otherparties may take, or seek to take, (a) toprevent the City ofSanta 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, ifenacted. This request covers all sueh meetings, telephone calls, and communications that occurred prior to, during, or after enactment of such ordinance. 8) Dataregarding landings and takeoff weights, payload, andpassenger load, and flight distance ofactual aircraft operations at Santa Monica Airport. 9) Development ofFAA estimates oflandings and takeoff weights, payload, passenger load, and flight distance ofactual aircraft operations at SantaMonica Airport 10) FAA analysis of studies performed by Coffman Associates regarding the Santa Monica Airport's proposed ban ofCategory C and D aircraft orvarious proposed EMAS configurations, 11) The Airport Cooperative Research Program's runway safety computer model, and the results produced by the model regarding the likelihood ofan aircraft overrun orundershoot at Santa Monica Airport. (Kirk Schaffer, FAA Associate Administrator forAirports, discussed this computer model at the March 25)2008 Santa Monica City Council meeting.) 12) Runway safety at Santa Monica Airport. Since I amfiling this request onbehalf ofthe City ofSanta Monica, which is amunicipal corporation ofthe State ofCalifornia that is charged by law with protecting the interests ofits citizens, Irequest that you waive all search and duplication fees, pursuant to 5U.S.c. § 552(a)(4)(A); 49 C.F.R. § 7.44(e). I ask that this request be expedited and the information beprovided to me within the next five days. The information requested herein is critical to the City)s ability to respond to aMarch 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 ofthat deadline under separate cover, there is no guarantee the request for extension will be granted. Inthe event that the

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March 28, 2008 Page 3
request for an extension ofthe Show Cause deadline is granted, Iwill modify this request to expedite under FOIA. Ifthis request is denied in whole orinpart, I askthat youjustify' all deletions by reference to the specific exemptions ofthe Freedom ofInformation Act in aVaughn 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. I

### look forward working with you to facilitate aprompt resolution ofthis request. Toward that end, ifit ismore convenient for you, please feel free to respond to 

### me via telephone (202) 955·5600 x.568, or e-mail (tdevine@kaplankirsch.com) instead ofby U.S. Mail. Iam happy to receive documents inthe fashion that is the most convenient for you, whether by fax, electronic transmission, or inperson, ifnecessary. Please contact me

### ifyou 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 20036Freedom 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 \\;11be 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 Oralleged 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 and2 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