ELECTRONIC MAIL September 17, 2013 Ms. Susan Carroll Susan.carroll@chron.

com Re: Freedom of Information Act (FOIA) Request #ES13-003557 Dear Ms. Carroll: This responds to your August 26, 2013 FOIA request seeking records related to NiTS data on all fatal back-over accidents reported from 2008 to 2012. In support of your requests for expedited process, you state that you are making this request in your capacity as a journalist, and because this information is of a timely nature. I have decided to deny your requests for expedited processing. To qualify for expedited processing under the Departments regulations, [a] requestor who seeks expedited processing must submit a statement, certified to be true and correct to the best of that persons knowledge and belief, explaining in detail the basis for requesting expedited processing. 49 CFR 7.31(c)(3) (emphasis added). In addition, a requester primarily engaged in disseminating information must establish a particular urgency to inform the public about the government activity involved in the request, beyond the publics right to know about government activity generally. Id. Therefore, the relevant test for determining whether the request should be given expedited treatment turns on whether the requester has demonstrated a compelling need that involves an urgency to inform the public of actual or alleged Federal Government activity. 49 CFR 7.31(c)(1)(ii). In determining whether requestors have demonstrated urgency to inform, and therefore whether there is a compelling need justifying expedited treatment, courts consider three factors: (1) whether the request concerns a matter of current exigency to the American public; (2) whether the consequences of delaying a response would compromise a significant recognized interest; and (3) whether the request concerns federal government activity. Al-Fayed v. CIA, 254 F.3d 300, 310 (D.C. Cir 2001). First, you have not demonstrated current exigency to the American public in the subject matter of the information sought. You state that the information will be used for news gathering purposes, but you provide no specific evidence demonstrating particular public interest in the actions specified in your requests. Second, you have not identified any significant adverse consequence that would result if your requests for expedited treatment were denied. You have alleged no event or specific interest that

would weigh in favor of expedited release of the requested information. You do not demonstrate the substantial public interest or adverse consequence required to show urgency. Based upon the foregoing, I find that you have failed to establish the urgency to inform to substantiate your request for expedited treatment. You stated that you were willing to pay fees necessary to procure the information. We estimate the processing fees to be approximately $400.00. Pursuant to the provisions of 49 C.F.R. Part 7, this fee represents 6 hours of search time and 2 hours of review time at $50.00 per hour, plus $4.00 for one CD-ROM. Consistent with the provisions of 49 C.F.R. 7.42 (c), I will take no further action on your request until you specify the amount you are willing to pay. If we do not hear from you by September 27, 2013, the agency will proceed to close its file. Very Truly Yours,

Senior Attorney