U.S.

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of the Chief Information Officer
High Performance Computing and Communications

Via FOIAonline
August 11, 2015
Attn: Ms. Mary Ann Lucking
CORALations
PO BOX 750
Culebra, PR 00775
Re: FOIA Request No. DOC-NOAA-2015-001634
Dear Ms. Lucking:
This letter responds to your Freedom of Information Act (FOIA) request entered into
FOIAonline on 07/26/2015 in which you requested. Through the Freedom of Information Act
we respectfully request a copy of a report generated by a site visit conducted by Lisamarie
Carrubba, NMFS, Puerto Rico, on September 3rd, 2014. The site visit was to the Puerto Rico
Highway and Transportation Authority's project entitled in the Joint Application "Construction
of a Drill Shaft Wall and a Scouring and Erosion Protection Structure, located at PR 25R,
Km1.1, Puerta de Tierra, San Juan, Puerto Rico, (AC-002533).
In making a determination to grant expedited treatment, pursuant to our regulations at 15 CFR
4.6(e)(i-iv), we evaluate your request against the following criteria: 1) lack of expedited
treatment could reasonably be expected to pose an imminent threat to the life or physical safety
of an individual; 2) loss of substantial due process rights; 3) matter of widespread and
exceptional media interest involving questions about the governments integrity, which affect
public confidence; and 4) urgency to inform the public about an actual or alleged Federal
Government activity, if made by a person primarily engaged in disseminating information.
You requested expedited review as specified by the FOIA, because The project in question
seems to be moving outside the boundaries of Federal regulations, and threatens endangered
corals and essential fish habitat. We are asking for an expedited process to take immediate
action to protect these endangered resources.
Your request as written does not meet the above review threshold to grant expedited processing.
Therefore, your request for expedited treatment is denied. Your request is being addressed under
customary FOIA processes.
Based on the above information, you have the right to appeal this expedited request denial
determination. An appeal must be received within 30 calendar days of the date of this response
letter by the Assistant General Counsel for Administration (Office), Room 5898-C, U.S.

Department of Commerce, 14th and Constitution Avenue, N.W., Washington, D.C. 20230. An
appeal may also be sent by e-mail to FOIAAppeals@doc.gov, by facsimile (fax) to 202-4822552, or by FOIAonline, if you have an account in FOIAonline, at
https://foiaonline.regulations.gov/foia/action/public/home#. The appeal should include a copy of
the original request and initial denial, if any. All appeals should include a statement of the
reasons why the records requested should be made available and why the adverse determination
was in error. The appeal letter, the envelope, the e-mail subject line, and the fax cover sheet
should be clearly marked "Freedom of Information Act Appeal." The e-mail, fax machine,
FOIAonline, and Office are monitored only on working days during normal business hours (8:30
a.m. to 5:00 p.m., Eastern Time, Monday through Friday). FOIA appeals posted to the e-mail
box, fax machine, FOIAonline, or Office after normal business hours will be deemed received on
the next normal business day. If the 30th calendar day for submitting an appeal falls on a
Saturday, Sunday or legal public holiday, an appeal received by 5:00 p.m., Eastern Time, the
next business day will be deemed timely.
Sincerely,

SWISHER.DONALD.ROBERT.13
76511460

Mr. Robert Swisher

NOAA FOIA Officer

Digitally signed by SWISHER.DONALD.ROBERT.1376511460

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OTHER,
cn=SWISHER.DONALD.ROBERT.1376511460
Date: 2015.08.11 10:59:21 -04'00'