14 August 2009

[Federal Register: August 14, 2009 (Volume 74, Number 156)]
[Notices]               
[Page 41124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au09-38]                         

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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

 
Freedom of Information Act Requests for Photographs and Videos 
Collected by the National Institute of Standards and Technology for Its 
Investigation Into the Failures of the World Trade Center Buildings

AGENCY: National Institute of Standards and Technology, Department of 
Commerce.

ACTION: Notice.

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SUMMARY: Photographers whose photographs and videos were provided to 
NIST for use in its investigation into the failures of World Trade 
Center (WTC) Buildings 1, 2 and 7 must provide NIST with a written 
response explaining how disclosure of their images would likely cause 
substantial competitive harm to their competitive position and/or 
impair the Government's ability to obtain similar information in the 
future if you believe that some or all of the images you submitted to 
NIST should be withheld in response to requests received by NIST under 
the Freedom of Information Act.

DATES: All written responses must be received by NIST by c.o.b., August 
24, 2009.

ADDRESSES: All written responses must be sent to NIST Freedom of 
Information Act Officer, 100 Bureau Drive, Mail Stop 1710, 
Gaithersburg, Maryland 20899-1710 or by e-mail to 
Catherine.fletcher@nist.gov.

FOR FURTHER INFORMATION CONTACT: NIST FOIA Officer by telephone at 
(301) 975-4074, or by e-mail at Catherine.fletcher@nist.gov.

SUPPLEMENTARY INFORMATION: The National Institute of Standards and 
Technology (NIST) has received requests made under the Federal Freedom 
of Information Act (Title 5 U.S.C. 552) (FOIA) for the photographs and 
videos NIST collected as part of its investigation of the collapse of 
the World Trade Center Towers (Buildings 1 and 2) and World Trade 
Center Building 7. The FOIA requests are located at: http://
wtc.nist.gov/FOIA/FOIArequests09_15_42_63_88.pdf. During the course 
of its investigation NIST received thousands of photographic and video 
images from hundreds of photographers.
    Under the FOIA, the Government is required to release to a 
requester copies of documents it maintains that are not otherwise 
protected by an exemption to the FOIA. One particular exemption, 
exemption (b)(4), protects from disclosure any records, or portions 
thereof, which contain ``trade secrets and commercial or financial 
information obtained from a person and privileged or confidential.'' 5 
U.S.C. Sec.  552(b)(4).
    If you submitted photographic or video images to NIST for its World 
Trade Center investigation and if you believe that some or all of the 
images should be withheld, you must notify NIST in writing within ten 
(10) working days (i.e., excluding Saturday, Sunday, and legal public 
holidays) from the date of publication of this Federal Register notice. 
Your written response must specifically identify which images you 
submitted to NIST for which you are asserting privilege under exemption 
(b)(4). You should include copies of your images with your written 
response to help identify your images. If you do not positively 
identify your image(s), your written response will not be considered. 
Your written response must indicate that you are responding to this 
Federal Register notice. Your written response must explain why the 
images are commercial or financial information that is privileged or 
confidential. In order to protect information under exemption (b)(4), 
your written response must explain, in detail, how disclosure of your 
images would likely cause substantial harm to your competitive position 
and/or how disclosure of your images will impair the Government's 
ability to obtain similar information in the future. A conclusory 
statement, to the effect that the information is confidential because 
releasing it could cause substantial competitive harm, will not 
suffice. Your written response must include your full name and complete 
address. You may notify the NIST FOIA Officer of your position by 
sending an e-mail to Catherine.fletcher@nist.gov or by mailing a letter 
to: NIST Freedom of Information Act Officer, 100 Bureau Drive, Mail 
Stop 1710, Gaithersburg, Maryland 20899-1710.
    NIST does not have current contact information for all of the 
photographers whose images were submitted for the NIST WTC 
Investigation. If you know a photographer whose images were submitted 
to NIST, please notify them of this notice.
    FOIA lawsuits were filed for these records on May 28, 2009 and June 
15, 2009. Therefore, time is of the essence in processing this request. 
If we do not receive a response from you within 10 working days from 
the date of publication of this Federal Register notice, your images 
might be released to the FOIA requester.

    Dated: August 11, 2009.
Katharine Gebbie,
Director, Physics Laboratory.
[FR Doc. E9-19535 Filed 8-13-09; 8:45 am]

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