No matter what form your request takes, you should
follow the procedures below to submit a request. Requests may be
electronic (e-mail) or letter and may be submitted by fax. A verbal
request for a record will not be accepted, nor will questions in a FOIA
request be answered. The FOIA is a record/document disclosure statute.
1. To begin, start by stating "This is a Freedom of Information
Act request."
Then,
2. Describe the specific record(s) you are seeking with
enough detail so that a knowledgeable official of the activity may locate
the record with a reasonable amount of effort. Such detail should include
descriptive information of the document(s) sought, date of document (if
known), if unknown then the approximate time-frame to be searched or a
description of the event/ incident, etc. Because most Navy records are not
retained permanently, the more information you can provide, the better
chance there is to determine if the records still exist and where they may
be. The FOIA clearly states that records must exist at the time the
request is submitted to be considered.
3. A requester must state a willingness to pay all fees
or fees up to a specified amount, or provide justification to support a
fee waiver or reduction of fee. Agreement to pay a fee is considered to
include amounts up to $250, unless another greater or lesser amount is
specified. Currently we charge search, review (for commercial requesters
only), and duplication costs. Total costs will depend on the fee category
your request falls under. (Requester fee categories and the fee schedule
is provided at enclosure (3) of SECNAVINST
5720.42F). This document is in Portable Document Format (.pdf). In
order to view, navigate, download, enter form data, and print this
document, you MUST have the Adobe Acrobat Reader Internet plug-in
installed in your browser. If the Reader plug-in is not already installed,
you can download it from the Adobe site HERE.
4. Include your complete postal service address on your request, as
FOIA responses are provided to you by return mail service.
The next step in submitting a request is deciding where
to send the request. Because Navy records are maintained in a
decentralized system, you will get the fastest response by sending your
request to the Department of the Navy component (activity/command) most
likely to be holding the record(s) you seek.
Submitting Your Request to a Navy Activity
Please consult the Navy's FOIA ONLINE: Where
To Send A Request web page for help in locating commands, obtaining
addresses, or finding a command's website. Once you have located a command
and have its address (postal, e-mail or fax), you may submit your request
in writing to that command. Alternatively, you may submit your request to
a command via a web-based FOIA request form, if that command has one
available on its website.
If after consulting this list, you are not sure which
activity may hold the records you seek, it is recommended you contact the
Navy's FOIA Manager, Mrs. Doris M. Lama, or Ms. Tracy Ross, at (202)
685-6545/6546 for assistance.
Submitting A Request to NAVOSHENVTRACEN
If you believe the records you seek are held at
NAVOSHENVTRACEN, you may use any of the following methods to submit a
Freedom of Information Act request:
1. Submit a request IN WRITING to:
-
Naval Occupational Safety and Health, and Environmental Training Center
Attn: FOIA Coordinator (O11)
9080 Breezy Point Crescent
Norfolk, VA 23511-3998
Telephone: Commercial (757) 445-8778 DSN 565-8778
2. Submit a written request via FAX:
- You may send your request by FAX: 1-757-445-0456.
3. Submit an E-MAIL request to:
If the records you seek are not held by NAVOSHENVTRACEN,
we will attempt to forward your request to the Department of the Navy
component(s) most likely to have the records meeting your description. You
will be advised if your request is referred to another activity.
The FOIA allows "any person" to seek access
to "agency records." The Navy processes thousands of FOIA
requests for a wide variety of information and only in about 10% of the
cases is information denied.
You will receive a response to your request. Please keep in mind that
the 20 working day time limit (excluding Saturdays, Sundays or legal
holidays) begins when the activity/command holding the record(s) receives
your request.
Due to shrinking budgets, downsizing, complexity of
certain requests, the need for classification and legal review, coupled
with the number of requests received for processing, some Navy activities
may not be able to respond to your FOIA request within 20 working days. To
ensure fair and equitable treatment, FOIA requests are placed in a
multitrack "first-in, first out" queue. NAVOSHENVTRACEN operates
a three track system: one for simple requests, one for complex requests,
and one for expedited requests. (For guidelines regarding expedited
requests, see pages 18 and 19 of SECNAVINST
5720.42F.)
Withholding of Information
Our goal is to provide the most information we can to
the public. However, in some instances information may be withheld from
disclosure. The FOIA statute (5 U.S.C. 552) provides for the following
exemptions of information (exemption number at end of item):
- currently and properly classified in the interest of national
defense or foreign policy; (b)(1)
- related solely to internal personnel rules and practices, the
release of which would allow circumvention of a statute or rule;
(b)(2)
- protected by a statute that specifically exempts the information;
(b)(3)
- trade secrets and commercial or financial information which was
obtained from a private source which would cause substantial
competitive harm to the source; (b)(4)
- pre-decisional advice, opinions and recommendations, information of
a speculative, tentative, or evaluative nature, inter- or intra-agency
e-mail, memoranda or letters involving the deliberative process and
that show a foreseeable harm to a government interest if released.
Also, this exemption may apply to attorney-client privilege and
attorney-work product; (b)(5)
- personnel and medical information the release of which would result
in a clearly unwarranted invasion of personal privacy; (b)(6)
- investigatory records or information compiled for law enforcement
purposes, which: (a) could reasonably be expected to interfere with
enforcement proceedings, (b) would deprive a person of a right to a
fair trial or an impartial adjudication, (c) could reasonably be
expected to constitute an unwarranted invasion of personal privacy,
(d) could reasonably be expected to disclose the identity of a
confidential source, (e) would disclose investigative techniques,
and/or (f) could reasonably be expected to endanger the life or
physical safety of any individual. (b)(7)
You may appeal the denial of information. Your letter
of appeal must be postmarked within 60 calendar days of the date of the
denial letter. At a minimum, an appeal letter should state the following
information:
- Why the denial may be in error, and
- Reason(s) why your appeal should be granted.
You should include a copy of your original request and
a copy of the response letter denying you information. It is recommended
you clearly mark your letter and the envelope "Freedom of Information
Act Appeal," and mail to the appellate authority provided to you in
the letter denying you information.
References
Links
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