Dear Freedom of Information Act Officer:
Pursuant to the Federal Freedom of Information Act, 5 U.S.C. 552, I request copies of documents containing the following information: all laboratory reports, protocols, daily care logs, veterinary reports, photographs, videotapes, and any and all other records referring to ________ [primate's name or other identifying information].
In order to help to determine my status for purposes of determining
the applicability of any fees, you should know that I am an individual
seeking information for personal use and not for commercial use.
However, I request a waiver of all fees for this request. Disclosure
of the requested information to me is in the public interest because
it is likely to contribute significantly to public understanding
of the operations or activities of the government and is not primarily
in my commercial interest.
I will share this information with the Primate Freedom Project (PFP). PFP is a tax-exempt nonprofit public interest organization. PFP actively informs the public about the use of primates in federally funded biomedical research. Through publications, commentary to the press, sponsorship of educational programs and events, and the development of an institutional expertise regarding primate experimentation, PFP has become very involved in raising public awareness concerning this issue.
The use of live animals in research has historically been a matter of wide public interest. The requested documents will illuminate in a clear and direct way the operations and activities of _______ [facility name] pertaining to its use of primates as biomedical test subjects. As such, release of these documents will significantly contribute to public understanding and oversight of this facility’s operations, particularly regarding the quality and efficacy of this facility’s activities in this area.
PFP will analyze the information presented in the released documents and together with their affiliated experts, including veterinarians and medical doctors, will produce a report as part of their ongoing review of federally supported primate research. The report and any photographs will be published on PFP web sites as well as disseminated to the media as a component of the active involvement in informing the public on this issue. Portions will also be included in printed brochures distributed free to the public as part of an educational campaign. Any suitable video will be aired on community access television networks and shown at public events. These materials will not be used for commercial purposes or gain.
This request is not meant to be exclusive of any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request.
In the event that access to any of the requested records is denied, please note that the FOIA provides that if portions of a requested file are exempted from release, the remainder must still be released. I therefore request that I be provided with all non-exempt portions which are reasonably segregable. I further request that you describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken. This written justification might also help to avoid litigation. I reserve my right to appeal the withholding or deletion of any information and expect that you will list the office and address where such an appeal can be sent.
I anticipate, however, that you will make the requested materials available within the statutorily prescribed period. I also request that you waive any applicable fees since disclosure meets the statutory standard for waiver of fees in that it is clearly “in the public interest because furnishing the information can be considered as primarily benefiting the general public,” 5 U.S.C. § 552(a)(4)(A). In this regard, I reiterate that I have no intention of using the information disclosed for financial gain. If for some reason the fee waiver request is denied, while reserving my right to appeal such a decision, I am willing to pay $_______ [amount] to cover costs of document search and duplication. If you estimate that the fees will exceed this limit, please inform me first.
Thank you for your assistance. I look forward to your reply within 20 business days as required. Failure to respond in a timely manner shall be viewed as a denial of this request and the requester may immediately file an administrative appeal. If you have any questions, please contact me by email or phone.
Sincerely,
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