FY2013

Here is a collection of FOIA requests made seeking FAA records. Use the search function to help locate documents relevant to your area of concern. Hover over the active links below for short descriptions. Click to open the PDF files in a separate window. [NOTE: this collection is under construction; some links may not yet be active]

link to newFOIA seed
12/5/13: Email from Joann Noonan (2p). For reasons unknown, Duke Taylor’s 10/28/13 FOIA letter was not delivered by Post Office and was returned to FAA HQ. Here, Joann is providing a copy. Included was a copy of the one replacement page in the F12-2826 response; confirmation that $133.50 was still owed for F12-6967; and a declaration that no further FOIA processing will occur until the payment is made.

FOIA#2013-..newFOIA seeking two specified AWP-7 records
REQUEST:
10-16-2013Seeking the package allegedly sent by Debbie Reed to Tully-Rinckey o 1/15/09; also seeking copies sent by Naomi Tsuda to Tulley-Rinckey, as indicated within Tsuda’s 1/28/09 email to ARC-40 (Yohe).
12/5/13: Per Duke Taylor’s 10/28/13 letter and brief phone conversation with Joann Noonan today, I need to refile this FOIA request when I mail the $133.50 (under protest) F12-6967 fee.
DATE: NOTE
RESPONSE:
M-D-YYYY.. DESCRIP

FOIA#2013-6842newFOIA seeking ATSAP and related records for 8 fatal accidents
REQUEST:
8-19-2013.. Request sent to FAA HQ FOIA, via email. Awaiting Acknowledgement.
8/20/13: email reply from FAA; mailing address needed (be sure to include on future email newFOIA’s).
8/24/13: ACK dated 8/20/13, signed by Joann Noonan; FOIA assigned to Dean Torgerson.
8/29/13: Email from Karolyn Haley, analyst at AJI. FAA requests a production extension to 9/25/13; emailed a concurrence.
12/5/13: Email from Joann Noonan, confirming this is still in process.
RESPONSE:
M-D-YYYY.. DESCRIP

FOIA#… newFOIA seeking Rodriguez-Barrett emails, etc.
SYNOPSIS: A 5-page Certified Letter was sent on 2/2/12, from Bobby Rodriguez (AWP-16) to Jay Barrett (NATCA). The letter indicated FAA intended to object to any witnesses at the arbitration set to happen in just two weeks, on 2/16/12 and 2/17/12. This Certified Letter was provided in the response to F12-7293, which also produced an extensive collection of emails by both Rodriguez and Barrett. However, it is evident that the F12-7293 response was cherry-picked, as two emails repeatedly discussed within this Certified Letter were missing from the F12-7293 response. This newFOIA simply provides a copy of the Certified Letter and asks that FAA produce the identified emails. This newFOIA also requests a good copy of the Certified Letter (the F12-7293 copy was of poor quality).
REQUEST:
4-24-2013.. awaiting acknowledgment. Three months later, phone conversation with Joann Noonan seeking an update on status of this newFOIA. She advised that there was no better copy (of Item #4 on the  FOIA Request). I confirmed that the other items (#1 through #3) were all new records, thus not repeating other FOIA requests.
8/28/13: email to Noonan, documenting our earlier discussion, and again seeking confirmation of receipt, and assignment of a FOIA case number; it is now four months overdue.
8/30/13: email from Joann Noonan, advising a fee agreement is needed prior to in-processing the FOIA request; email reply sent, agreeing to up to $20.
RESPONSE:
M-D-YYYY.. DESCRIP

KEYWORDS: rodriguez, barrett, nc-08-79364.

FOIA#2013-4161WP Exhibits for NC-08-79364 Arbitration.
4-17-20136-5-2013 Response
SYNOPSIS: newFOIA emailed to Dolores Corpus, seeking exhibits and emails to establish what efforts were made between FAA and NATCA, in preparing for the NC-08-79364 Arbitration Hearing. I.e, seeking to fully answer the questions: what evidence was shared, and was identified to be submitted as a ‘Joint Exhibit’? The Acknowledgment listed assignments to AHR, ATO and HQ-FOIA; Joann Noonan sent a 5/3/13 email correcting this, saying AWP would respond. RESPONSE: dated 5/24/13, signed by David Suomi, 2p cover letter and 47p attached exhibits. Attachments at pages 3-20 repeat copies produced via F12-7293. Attachment at pages 21-48 is new (2-9-12 at 1548 Rodriguez email to Wilson et al, with a signed settlement; also, 24p of CASTLE pay records). Attachment at page 49 is also new (a 2/9/12 at 1244 Wilson to Rodriguez email).

KEYWORDS: arbitration, lindauer, rodriguez, wilson, barrett.

FOIA#2013-3455 Huerta letter re: UAT ARC (Unleaded Fuels Program Office).
3-15-20134-18-2013
SYNOPSIS: FAA has failed for decades to remove dangerous lead from AvGas. Under pressure from EPA, last summer a ‘Fuels Program Office’ was initiated. A letter from Michael Huerta to aviation stakeholders announced the new office. This FOIA requested a copy of that letter.

KEYWORDS: Huerta, unleaded fuel.

FOIA#2013-3454 FAA v. Koch, complaint against a UPS pilot, allegedly intoxicated.
3-17-20134-15-20134-25-2013 APPEAL5-8-2013
SYNOPSIS: NTSB heard an appeal by a UPS pilot, then issued a decision on 1/13/11. The pilot had been charged with violating the 8-hr alcohol rule when he flew from MSP to DFW in December 2007. The FAA Administrator proposed to suspend his airman certificate, but did not issue their formal complaint until 2/5/10. When faced with the suspension, Koch appealed to NTSB and his case was heard by NTSB ALJ William Mullins, with a 7/1/10 decision sustaining the suspension. Koch then appealed to the full NTSB, generating an affirmation of the suspension by the full Board, via the 1/31/11 Opinion & Order. The legal analyses also considered the ‘staleness’ aspect of this case. On 5/16/13, a letter signed by Duke Taylor was received, advising  a responsive record was found at ASO and would be arriving soon (Doug Murphy at ASO took care of that the week before).
FOLLOW-UP: I filed the appeal on 4/25/13. Likely, it was quickly forwarded on to ASO. They looked again, and this time they found the responsive record which was a 5-page letter ordering the 120-day suspension (dated 2/5/10). A copy was promptly sent with a letter, signed by Regional Administrator Doug Murphy.  What the responsive record showed is that the UPS captain failed to ground his first officer and flight engineer, whom he knew had imbibed less than 8-hours prior to the 12/15/07 morning departure. They were all tested, and while the captain tested clean the two others both tested .04 for blood alcohol. FAA initially proposed a suspension via a 6/13/08 letter. The 120-day suspension was then ordered by FAA 20-months later, on 2/5/10. This long delay was the basis for the challenge that the action was ‘stale’. It is interesting to look at this example, where a pilot has a right to full Due Process at NTSB, and contrast it to the lack of rights for air traffic controllers facing similar stale disciplinary decisions. Evidently, controllers are not entitled to NTSB Due Process because they have a NATCA contract; but, NATCA owns the grievance once it gets to arbitration and, if NATCA elects to not fairly represent, then the controller ends up with NO Due Process.

KEYWORDS: FAA v. Koch; ups MSP-DFW; aso – linda chatman.

*FOIA#2013-1654WP All records within grievance file NC-08-77405.
2-18-20133-17-2013 APPEAL5-10-2013
BACKGROUND: a controller at SJC is disabled by a fume incident at work. He is eventually AWOL, then fired. NATCA comes to his defense with a grievance, and takes it to an expedited arbitration. Arbitration occurs 4/14 and 4/15/08, attended by District Manager Andy Richards; decision is issued by Philip Tamoush on 1/17/09. The controller had become old enough to officially retire, and the arbitrator told FAA to let him retire and collect his pension.
SYNOPSIS: FOIA filed via email to FAA HQ on 11/28/12. There was a lengthy delay, and it was acknowledged via a 12/20/12 letter, with assignment to AWP. Then, a 12/26/12 letter signed by William Withycombe (in his last days prior to retiring) denied a fee waiver request. A 2/18/13 FOIA Response was signed by Acting Regional Administrator David Suomi; it had a 1-page letter and 33-pages attached. An Appeal was filed on 3/17/13. A 5/10/13 letter signed by Victoria Wassmer fully denied the Appeal; the denial listed concurrence by both FAA Office of General Counsel and John Allread at DoT General Counsel.

KEYWORDS: SJC, AWOL, REMOVAL, GRIEVANCE, NC-08-77405, ARBITRATION, SILLS, FOSSIER, TAMOUSH, AGENCY FAILED TO PROVE ACTION WAS FOR EFFICIENCY OF SERVICE, KUBIK, SUOMI.

FOIA#2013-0640 Teri Bristol’s records reflected in RDR entries for F07-7407.
10-18-2012
SYNOPSIS: Teri Bristol served as acting Terminal Operations Director at WSA, through 2007. She was in charge during the first year Lewis was locked out from CCR ATCT, though she relied on Barry Davis and Monique France to run the show. An RDR is a ‘Request Detail Report’, and is a notekeeping aspect of FAA FOIA; i.e., FOIA specialists record progress and other notes into RDR entries, as the slowly progress toward finishing the FOIA response. F11-3188 produced RDR copies that indicated records submitted by Teri Bristol that were never provided to Lewis, so he submitted this new FOIA. Unfortunately, within a couple months FAA/WSA announced the records had already been destroyed.

KEYWORDS: ..