Appealing NASA's FOIA Decision

I've decided to appeal the FOIA decision from NASA, JPL. To do this I have to write out a hard copy letter and snail mail it to the appeals office. Here's the copy of that letter:

Dear Sirs,

I'm writing this letter to appeal a FOIA decision involving NASA JPL. The decision involved 3 issues, the first of which has been resolved. For the second and third decision, I've included relevant background information as well as the reason I'm appealing.

Issue 1: Radiative Transfer Algorithm Used By AIRS.
Status: Resolved.

Issue 2: Atmospheric Scan Depth Of Aqua Satellite AMSU Channel 5 Footprints.

Background
The Aqua satellite has an AMSU instrument that scans the atmosphere at 15 different channels. Each of these channels scans 30 different locations in the atmosphere. These locations are sometimes referred to as "footprints". Each footprint scans at a different height in the atmosphere.

NASA Discussion On How This Data Is Used
Where reliable sensor data is available, it is applied directly to the appropriate portion of the atmosphere, taking into account the angle of the observation.
- Steven Friedman, NASA JPL, Personal Correspondance (Included)

My FOIA Request
(2) Atmospheric scan depth for each footprint on channel 5 of the AQUA AMSU.

FOIA Response
This is to advise that NASA has no responsive Government records at JPL for parts (2) and (3) of your request.

Why I'm Appealing This Decision
NASA JPL has indicated that they apply each scan to the appropriate portion of the atmosphere. This is impossible to do if it is unknown at what depth of the atmosphere a given footprint is scanning.

Issue 3: The 230000 Scan Readings And/Or The Values Of Vectors Ai And Theta Bar i Used To Synthesis Aqua AMSU Channel 4 Data

Background
Aqua's AMSU channel 4 failed in late 2007, as described in AMSU-A Channel 4 NeDT Update: 20 December 2007 at the document archive. The data for channel 4 is now artificially generated. The generation process uses two vectors, Ai and Theta Bar i. The values for these vectors is not available to the public. The data for the vectors was itself generated from 230000 scans taken from the AMSU. This data is also not available to the public.

NASA Discussion On How This Data Is Used
See AIRS/AMSU/HSB Version 5 Modification of Algorithm to Account for Increased NeDT in AMSU Channel 4 at http://disc.sci.gsfc.nasa.gov/AIRS/documentation/v5_docs/AIRS_V5_Release_User_Docs/V5-Modification-for-AMSU-Ch-4-NeDT.pdf for a detailed discussion on this data. In particular, see equation (1) for the use of Ai and Theta Bar i.

My FOIA Request
(3) In references to the creation of synthetic readings for the AQUA AMSU channel 4, the 230000 cases used to create the values for the vectors Ai and Theta Bar i, or the values of vectors Ai and Theta Bar i themselves if the 230000 readings are no longer available. These values and readings are referenced but not actually provided in the document AIRS/AMSU/HSB Version 5 Modification of Algorithm to Account for Increased NeDT in AMSU Channel 4 available online at http://disc.sci.gsfc.nasa.gov/AIRS/documentation/v5_docs/AIRS_V5_Release_User_Docs/V5-Modification-for-AMSU-Ch-4-NeDT.pdf..."

FOIA Response
This is to advise that NASA has no responsive Government records at JPL for parts (2) and (3) of your request.

Why I'm Appealing This Decision
NASA JPL has indicated that this data is used to generate the synthesized channel 4 data. This would be impossible to do if the values for vectors Ai and Theta Bar i were not known to them, as these values are two of the four values used to generate the synthesized data.

Note that NASA JPL also indicated that NASA GSFC may have responsive records for issue 3. I am in contact with them to see if this is the case, but as my ability to appeal this decision is limited to 30 days, I am simultaneously appealing.

Thank you for you time and help in this matter.

...and the e-mail sent to NASA, GSFC for the data used to generate synthetic channel 4 values:

I was informed by Dennis B. Mahon of NASA, JPL that NASA GSFC may have information regarding data used to generate synthetic channel 4 data for Aqua's AMSU channel 4. Specifically, I am looking for he 230000 cases used to create the values for the vectors Ai and Theta Bar i, or the values of vectors Ai and Theta Bar i themselves if the 230000 readings are no longer available. These values and readings are referenced but not actually provided in the document AIRS/AMSU/HSB Version 5 Modification of Algorithm to Account for Increased NeDT in AMSU Channel 4 available online at http://disc.sci.gsfc.nasa.gov/AIRS/documentation/v5_docs/AIRS_V5_Release_User_Docs/V5-Modification-for-AMSU-Ch-4-NeDT.pdf..."

See equation (1) of the referenced PDF for specific details.

Please note that this request is associated with a FOIA involving NASA, JPL that is currently under appeal.

Previous Posts In This Series
NASA Responds To FOIA Request
Quick FOIA Update
The Government Way
FOIA Request Filed With NASA

NASA Responds To FOIA Request

NASA has responded to my FOIA request.

In a nutshell, they provided me with a link to the AMSU-A Radiative Transfer Algorithm documentation and said they had no information on the scan depths for the footprints of channel 5 on the AMSU and didn't have the vector data they use to synthesis AMSU channel 4.

Both of the claims of "no information" seem impossible to me, as they're needed to process AMSU data the way NASA JPL does.

While I mull over my next move, here's their response.

Your Freedom of Information Act (FOIA) request for release of information from the files of the National Aeronautics and Space Administration (NASA) received in FOIA processing at the NASA Management Office-Jet Propulsion Laboratory on April 8, 2010. You requested the following:

"...(1) Documentation on how the AQUA AMSU-A Radiative Transfer Algorithm works. (2) Atmospheric scan depth for each footprint on channel 5 of the AQUA AMSU. (3) In references to the creation of synthetic readings for the AQUA AMSU channel 4, the 230000 cases used to create the values for the vectors Ai and Theta Bar i, or the values of vectors Ai and Theta Bar i themselves if the 230000 readings are no longer available. These values and readings are referenced but not actually provided in the document AIRS/AMSU/HSB Version 5 Modification of Algorithm to Account for Increased NeDT in AMSU Channel 4 available online at http://disc.sci.gsfc.nasa.gov/AIRS/documentation/v5_docs/AIRS_V5_Release_User_Docs/V5-Modification-for-AMSU-Ch-4-NeDT.pdf..."

This is to advise you that responsive records to part (1) of your request may be found at the following web site:

http://eospso.gsfc.nasa.gov/eos_homepage/for_scientists/atbd/docs/AIRS/atbd-airs-L2.pdf

This is to advise that NASA has no responsive Government records at JPL for parts (2) and (3) of your request. Additionally, pertaining to part (3) of your request, we have no responsive records because the specific research and development was performed by the NASA Goddard Space Flight Center (GSFC). Therefore, it is possible that GSFC may have responsive records.

You have appeal rights concerning these actions.

And I do want to thank them for not charging me for this request. :)

Previous Posts In This Series
Quick FOIA Update
The Government Way
FOIA Request Filed With NASA

Quick FOIA Update

Just dropping a note to update the status of my FOIA. In the previous post I noted that NASA JPL wanted me to state up front how much I was willing to pay for the information.

Having no idea what these fees are for, I figured the next step is to ask why they charge these fees. That way I can give some sort of reasonable answer on what I'd pay. Here's my resonse:

Dear Mr. Mahon,

As I mentioned in my previous e-mail, this is my first FOIA request, So, if I may, I'd like to ask the purpose of the fees. Are they to cover mailing costs? Will I be actually paying the salary of the person looking up the information? Are they arbitrary fees designed to prevent "fishing expeditions? The reason I ask is so that I can provide you with an answer that is sensible for the purpose of the fees. If possible, providing an "average fee" for obtaining one document would be useful.

Previous Posts In This Series
The Government Way
FOIA Request Filed With NASA

The Government Way

I got a response back from NASA JPL regarding my FOIA request. They want to know up front just how much I'm willing to pay for the information. Gotta love how our government operates. :)

Here's the text (emphasis mine):

Greetings:

Please respond with your complete postal mailing address, phone and fax numbers. Also, you must state your willingness to pay fees that may be assessed in processing your request. Please reply stating your willingness to pay fees and the amount you are willing to pay so we may proceed with your request. Thank you.

So now I'll have to mull over just how much I'm willing to pay for information my taxes already paid for.

FOIA Request Filed With NASA

About three weeks ago, as I noted in this post, I sent off a request to NASA JPL for information needed to reproduce their synthetic creation of AMSU channel 4 data and for the atmospheric scan depths of each footprint for channel 5 on the AMSU.

I've not received a response back, and 3 weeks is one week longer than my usual waiting period of two weeks. So today I filed a FOIA with NASA JPL for the information. A copy of the request is shown below.

Dear Mr. Mahon,

This is my first FOIA request, so allow me to apologize in advance for any procedural mistakes I may make.

About three weeks ago (on or about March, 13th, 2010) I requested several pieces of information from NASA JPL via the "Ask AIRS" web interface and have received no response. So I am now requesting that information via the FOIA. The requested information is:

● Documentation on how the AQUA AMSU-A Radiative Transfer Algorithm works.

● Atmospheric scan depth for each footprint on channel 5 of the AQUA AMSU.

● In references to the creation of synthetic readings for the AQUA AMSU channel 4, the 230000 cases used to create the values for the vectors Ai and Theta Bar i, or the values of vectors Ai and Theta Bar i themselves if the 230000 readings are no longer available. These values and readings are referenced but not actually provided in the document AIRS/AMSU/HSB Version 5 Modification of Algorithm to Account for Increased NeDT in AMSU Channel 4 available online at
http://disc.sci.gsfc.nasa.gov/AIRS/documentation/v5_docs/AIRS_V5_Release_User_Docs/V5-Modification-for-AMSU-Ch-4-NeDT.pdf

Thank you for your time.

P.S.

Just in case you're wondering where my normal two-week waiting period came from, two weeks is the amount of time it took Stephen Hawking to respond to a question I had regarding black holes and quantum physics. Given Dr. Hawking's well-known medical issues, this should be a reasonable time frame for any reply from anyone else.