From cdc16c78803a235701d35ab59aa88aaf3555bbd3 Mon Sep 17 00:00:00 2001 From: haohaoh4 <25719319+haohaoh4@users.noreply.github.com> Date: Thu, 30 Apr 2026 08:53:03 +0800 Subject: [PATCH] cmmit --- letter.txt | 115 +++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 115 insertions(+) create mode 100644 letter.txt diff --git a/letter.txt b/letter.txt new file mode 100644 index 0000000..1d58b50 --- /dev/null +++ b/letter.txt @@ -0,0 +1,115 @@ +National Transportation Safety Board +Office of the Chief Information Officer +FOIA Office (CIO-40) +Washington, DC 20594 +April XX, 2026 +Mr. XXX +XXX +XXX +Nanjing, Jiangsu +XXX +Re: National Transportation Safety Board (NTSB) +Freedom of Information Act (FOIA) No. FOIA-XXXXXX + March 21, XXX, XXX (DCA22WA102) +Dear Mr. XXX: +This letter responds to your FOIA request dated January XXX, 2026, seeking the following +records related to the above-referenced accident investigation: +1. Final or Completed Report / Technical Summary (if any) Any final or completed NTSB +report, technical memorandum, factual report, readout summary, briefing document, or other +written summary prepared by the NTSB concerning China Eastern Airlines Flight MU5735. +If no single “final report” exists, please provide the most final or complete NTSB-produced +written summary or summaries that memorialize the NTSB’s assistance in the investigation +and its results in finalized form. +2. Communications Log or Index with CAAC (March 21–May 21, 2022) Any existing +communication log, index, tracker, register, or similar record maintained by the NTSB that +lists or summarizes communications between the NTSB and the Civil Aviation +Administration of China (CAAC) relating to China Eastern Airlines Flight MU5735 for the +period March 21, 2022, through May 21, 2022. +As you may know, the China government was the lead investigative authority on +Investigation No. DCA22WA102, in accordance with Aircraft Accident and Incident Investigation, +Annex 13 to the Convention on International Civil Aviation (9th ed. 2001). +The Safety Board’s enabling statute, 49 U.S.C. § 1114(f) addresses the Board’s compliance +with Annex 13 to the Convention on International Civil Aviation, and precludes the Board from +releasing information from a foreign investigation, until the investigation fulfills specific criteria: +(f) FOREIGN INVESTIGATIONS.— +1 In general.—Notwithstanding any other provision of law, neither the +Board, nor any agency receiving information from the Board, shall +disclose records or information relating to its participation in foreign +aircraft accident investigations; except that – +(A) the Board shall release records pertaining to such an investigation when the +country conducting the investigation issues its final report or 2 years following +the date of the accident, whichever occurs first; and +(B )the Board may disclose records and information when authorized to do so +by the country conducting the investigation. +In this case, two years have passed since the date of the accident. Accordingly, the Board is +releasing certain records relating to this investigation. +The Safety Board located 2,818 pages of records responsive to your request. Enclosed are +1,959 pages, two Excel spreadsheets, and three FDR files, a total of 13 files, which are being +delivered via Box, a secure cloud-based sharing platform. However, we withheld certain +information partially and in full pursuant to the exemptions specified below. +We withheld, pursuant to 5 U.S.C. 552(b)(4), commercially sensitive or proprietary information +voluntarily given us “of a kind that would customarily not be released to the public by the person +from whom it was obtained.” See Critical Mass Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992). +Pursuant to this exemption, we withheld 26 pages in full consisting of manuals and proprietary +data. +We determined that certain documents are exempt from release under 5 U.S.C. § 552(b)(5) +(“Exemption 5”), which exempts from disclosure “inter-agency or intra-agency memorandums or +letters that would not be available by law to a party other than an agency in litigation with the +agency, provided that the deliberative process privilege shall not apply to records created 25 years +or more before the date on which the records were requested.” Exemption 5 protects agency +records that are predecisional and deliberative. National Wildlife Fed’n v. U.S. Forest Serv., 861 +F.2d 1114 (9th Cir. 1988); Jowett, Inc. v. Department of the Navy, 729 F. Supp. 871 (D.D.C. 1989). +Overall, Exemption 5 justifies withholding material that reflects the Safety Board’s deliberative +process in order to ensure the free flow of information during investigations and other agency +work. Mead Data Cent., Inc. v. Department of the Air Force, 566 F.2d 242, 256 (D.C. Cir. 1977). +Pursuant to this exemption, we partially redacted 122 pages and withheld 478 pages in full +consisting of pre-decisional, deliberative material, preliminary information, analysis, and draft +documents. +Personal information including autopsy information and graphic photographs, Social Security +numbers, and other personally identifying details is withheld pursuant to 5 U.S.C. § 552(b)(6), +which exempts from disclosure “personnel and medical files and similar files the disclosure of +which would constitute a clearly unwarranted invasion of personal privacy,” including items such +as personal addresses, phone numbers, email addresses and similar sensitive data. Pursuant to this +exemption, we partially redacted 192 pages and withheld 355 pages in full containing personal +privacy-protected information. +In several documents enclosed with this letter, we determined that exemption(s) to the FOIA +required that we redact a limited amount of material. The redactions are clearly marked, and the +applicable exemption(s) are noted at the place of the redaction. +With respect to the FDR files, specialized software is required to import and interpret the data. +Even with the appropriate software, the data would not be usable without the manufacturer’s +proprietary documentation. Additionally, the Safety Board does not possess any CVR data +responsive to your request. +Some of the responsive documents identified during our search originated with another +federal agency, the Federal Aviation Administration (FAA). Pages or portions of pages that +originated with the FAA have been marked as “Referred” or "Other Reason." In accordance with +standard government practice, these documents have been referred to the FAA for a determination +on whether they may be released to you. You will receive a response from the FAA directly +regarding these records. +We did not locate any other records responsive to your request other than this information. +The NTSB has completed processing your FOIA request, and we are waiving all fees at this +time. In accordance with the standard codified in the statute, even where an exemption would +otherwise apply, agencies may withhold information only when (1) the agency reasonably foresees +that disclosure would harm an interest protected by one of the nine exemptions that FOIA +enumerates; or (2) disclosure is prohibited by law. See 5 U.S.C. § 552(a)(8)(A)(i). The NTSB +considered the foreseeable harm standard when reviewing records and applying FOIA exemptions +in response to this FOIA request and has determined that releasing the records would create a +foreseeable harm. Disclosure of the information would chill agency officials’ ability to candidly +discuss policy options and confuse the public where options being considered are not ultimately +adopted. +You may contact our FOIA Public Liaison at 202-314-6540, for any further assistance and +to discuss any aspect of your request. Additionally, you may contact the Office of Government +Information Services (OGIS) at the National Archives and Records Administration (NARA) to +inquire about the FOIA mediation services they offer. The contact information for OGIS is as +follows: OGIS, NARA, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at +ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741 +5769. +If you are not satisfied with the response to this request, you have the right to appeal this +determination under the FOIA. You may administratively appeal by writing to the NTSB, Attn: +Ms. Dana Schulze, Managing Director, 490 L'Enfant Plaza, SW, Washington, D.C. 20594. Your +appeal must be postmarked or electronically transmitted within 90 days of the date of the response +to your request. +Sincerely, +for +Roger Castillo +Acting FOIA Officer +Enclosure \ No newline at end of file