USS. Department of Homeland Security ‘Washington, DC 20229 US. Customs and Border Protection 2) 4 i OT:RR:FAPL AP-CBP-2014-033252ptl SEP 3.0 20% Mr. Shawn Musgrave Muckrock News DEPT MR 6129 P.O. Box 55819 Boston, MA 02205-5819 RE: Freedom of Information Act Appeal, FY 2004 Pilot Study of UAS Operations in US Southwest Border Region, 2013-022370, 2013F28205 Dear Mr. Musgrave: This is in response to your letter, dated June 6, 2014, in which you appealed the adequacy of the search performed by the US Customs and Border Protection (CBP) Freedom of Information Act (FOIA) Division. You had submitted a FOIA request to the CBP FOIA Division in which you asked for the following records: “A copy of the finding and final report from the FY 2004 pilot study of UAS operations in the US Southwest Border Region by OAM.” To further identify the study you were seeking, you noted that it had been referenced in a Congressional report which had been prepared in FY 2010. On May 21, 2014, the CBP FOIA Division responded to your request stating that they had been unable to locate or identify any responsive records to your request. It is this response that you have appealed Upon receipt of your appeal, our office revisited all CBP offices which might have retained a copy of a 10-year-old study. After much difficulty, we were able to locate a copy of the requested study. We have reviewed the record and have determined that all 15 pages can be released to you. However, certain Portions of the study have been withheld pursuant to one or more of the ‘exemptions to the FOIA. An individual's signature is being withheld pursuant to Exemption (b)(6) (5 U.S.C. 552 (b)(6)), which permits the withholding of materials when their release would constitute a clearly unwarranted invasion of personal privacy. While CBP does release the names of “high level” persons within the organization, it does not release their signatures. The resolution of this issue involves a balancing of the public’s right to know the information against the individual's right to privacySee Department of Air Force v. Rose, 425 U.S. 352 (1976). In this instance, we find that the individual's right to privacy of his signature outweighs any interest the public might have with respect to the withheld information. We are also withholding certain other information contained in the study which relates to the UAS operations. Although the study was completed several years ago, the matters discussed in it are still relevant and could adversely impact on current and future UAS operations. Accordingly, we are withholding certain other materials in the study pursuant to Exemption (b)(7)E) (5 U.S.C, 552 (b)(7)E)). This exemption permits the withholding of portions of records when release of that information would disclose techniques or procedures for law enforcement investigations or prosecutions, or if the disclosure of such information could reasonably be expected to risk circumvention of the law. See Nowak v. IRS, 2000 U.S. App. LEXIS 948 (9" Cir, 2000). In the event that you are dissatisfied with the disposition of your appeal, you may obtain judicial review of this decision pursuant to the provisions of 5 U.S.C. §552(a)(4)(B) in the United States District Court in the District in which your client resides, in the District where the agency records are situated, or in the United States District Court for the District of Columbia. As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. The mailing address and contact information for OGIS is: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road (OGIS) College Park, MD 20740-6001 Phone 202-741-5770 Fax 202-741-5769 Toll Free 1-877-684-6448 www.archives.gov/oagis Sincerel ‘Shari Suzuki, Chief FOIA Appeals, Policy & Litigation Branch