Federal Maritime Commission Freedom of Information Act Annual ReportOctober 1, 2008 to September 30, 2009I.Basic Information Regarding Report 1.Provide name, title, address, and telephone number of person(s) to be contacted with questions about the Report. Karen V. Gregory, SecretaryFederal Maritime Commission800 North Capitol Street, NWWashington, DC 20573-0001Telephone (202) 523-57252.Provide an electronic link for access to the Report on the agency Web site.http://www.fmc.gov/reading/FreedomofInformationAct.asp3.Explain how to obtain a copy of the Report in paper form. Send requests to the Office of the Secretary, Federal Maritime Commission, at the address listed above, or email FOIA@fmc.gov, or fax request to (202) 523-0014.II.MAKING A FOIA REQUEST1.Provide names, addresses, and telephone numbers of all individual agency components that receive FOIA requests. The Federal Maritime Commission has only one agency component that receives FOIA requests, shown below:Karen V. Gregory, SecretaryFederal Maritime Commission800 North Capitol Street, NWWashington, DC 20573-0001Telephone (202) 523-5725FOIA@fmc.gov2.Provide a brief description of why some requests are not granted and an overview of certain general categories of the agency’s records to which the FOIA exemptions apply. Requests that are not granted usually involve information made confidential by statute.General categories of agency records to which FOIA exemptions apply include Service Contracts filed confidentially pursuant to section 8(c)(2), materials submitted with section 5 agreements filed confidentially pursuant to section 6(j), and Minutes filed confidentially pursuant to section 15 of the Shipping Act of 1984, as amended, 46 U.S.C. 40502, 40306 and 40104, respectively. In addition, information formally requested from agreement parties pursuant to section 6(d) of the Shipping Act of 1984, 46 U.S.C. 40304(d), is exempt from disclosure under FOIA.III.Acronyms, Definitions, AND EXEMPTIONS 1.Provide any agency-specific acronyms or terms used in this Report. Commission or FMC means Federal Maritime Commission.2.Include the following definitions of terms used in this Report: a.Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.b.Average Number – the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.c.Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response. d.Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency. e.Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it. That agency, in turn, will then respond to the FOIA requester. f.Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA. g.FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)h.Full Grant – an agency decision to disclose all records in full in response to a FOIA request.i.Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.j.Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. k.Multi-Track Processing – a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis. i.Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations. ii. Simple Request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested. iii.Complex Request – a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested. l.Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason. m.Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects. n.Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.o.Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.p.Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. q.Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).3.Include the following concise descriptions of the nine FOIA exemptions:a.Exemption 1: classified national defense and foreign relations informationb.Exemption 2: internal agency rules and practicesc.Exemption 3: information that is prohibited from disclosure by another federal lawd.Exemption 4: trade secrets and other confidential business informatione. Exemption 5:inter-agency or intra-agency communications that are protected by legal privilegesf.Exemption 6: information involving matters of personal privacyg.Exemption 7:records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individualh.Exemption 8: information relating to the supervision of financial institutionsi.Exemption 9:geological information on wellsIV.Exemption 3 Statutes A.Exemption 3 Statutes Relied upon to Withhold Information1.List all Exemption 3 statutes relied upon to withhold information and the number of times they were relied upon. For each request, report all statutes relied upon; however, count each statute only once per request. 2.Provide a brief description of the types of information withheld under each statute. 3.Indicate whether a court has upheld the use of the statute by providing a citation to a court decision. StatuteType of Information WithheldCase CitationNumber of Times Relied upon per ComponentTotal Number of Times Relied upon by Agency46 U.S.C.§503.32(a)(3)(i)Service contract informationN/AN/A146 U.S.C. 40306Closed Session transcriptsN/AN/A1V.FOIA Requests For charts in Section V, include all “purported” FOIA requests, both perfected and non-perfected. Non-perfected requests are further reflected in various columns in Chart V, B (1) below. A.Received, Processed and Pending FOIA Requests1.Provide the numbers of received, processed, and pending requests as described in Columns 1 through 4. 2.The number in Column 1 must match the number of “Requests Pending as of End of Fiscal Year” from last year’s Annual FOIA Report. 3.The sum of Columns 1 and 2 minus the number in Column 3 must equal the number in Column 4. Column 1Column 2Column 3Column 4 Number of Requests Pending as of Start of Fiscal YearNumber of Requests Received in Fiscal YearNumber of Requests Processed in Fiscal YearNumber of Requests Pending as of End of Fiscal YearComponent AN/AN/AN/AN/AComponent BN/AN/AN/AN/A AGENCY OVERALL11312616B. (1) Disposition of FOIA Requests – All Processed RequestsProvide the number of request dispositions as described in the columns below. Select only one column to report each request.Report a request in one of the nine “Full Denial Based on Reasons Other than Exemptions” columns only if the request cannot be counted in one of the first three columns.The numbers in the “Total” column on the right must match the numbers in Section V, A, Column 3 (“Number of Requests Processed in Fiscal Year”).NumberOf Full GrantsNumber of PartialGrants/PartialDenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than ExemptionsNo RecordsAll Records Referred to Another Component or AgencyRequest WithdrawnFee-Related ReasonRecords not Reasonable DescribedImproper FOIA Request for Other ReasonNot Agency RecordDuplicate RequestOther *Explain in chart belowTOTALComp. AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AComp. BN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAgencyOverall54062200700026B. (2)Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart1.If you utilized the “Other” column in Section V, B (1), provide below descriptions of the “other” reasons for full denials and the number of times each reason was relied upon. (The numbers in the “Total” column must match the numbers in the “Other” column from Section V, B (1).) ComponentDescription of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied uponTOTALComponent ADescription #Description #0Component BDescription #Description #0B. (3)Disposition of FOIA Requests – Number of Times Exemptions Applied1.For each request, report all exemptions applied; however, count each exemption only once per request. Example: Given a request in which Exemption 2 applies to one portion of the request, Exemption 5 applies to three portions of the request, and Exemption 6 applies to eight portions of the request, count Exemptions 2, 5, and 6 once each. Do not count Exemption 5 three times and Exemption 6 eight times. Ex.1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.9Component AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A Component B N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALL00221100000000VI.ADMINISTRATIVE Appeals of Initial DETERMINATIONS of FOIA Requests If more than one component in the agency adjudicates administrative appeals, provide information for each appellate component, as well as for the agency overall. A.Received, Processed and Pending Administrative Appeals 1.Provide the number of administrative appeals received, processed, and pending as described in Columns 1 through 4. 2.The sum of Columns 1 and 2 minus the number in Column 3 must equal the number in Column 4.Column 1Column 2Column 3Column 43.Starting with Fiscal Year 2009, the number in Column 1 must match the number of “Appeals Pending as of End of Fiscal Year” from the previous year’s Annual FOIA Report. Number of Appeals Pending as of Start of Fiscal YearNumber of Appeals Received in Fiscal YearNumber of Appeals Processed in Fiscal YearNumber of Appeals Pending as of End of Fiscal Year 0 1 0 1 Disposition of Administrative Appeals – All Processed Appeals1.Provide the number of administrative appeal adjudications as described in the columns below. (The number in the “Total” column must match the number in Section VI, A, Column 3 (“Number of Appeals Processed in Fiscal Year”).a.In the “Number of Appeals Closed for Other Reasons” column, report the number of appeals which neither affirmed nor reversed/remanded (either entirely or partially) the FOIA request determination, but rather those which the agency closed for other reasons, (e.g., the request was in litigation, the appeal was a duplicate appeal, the appeal was premature, etc.)Number Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTOTAL00000C. (1)Reasons for Denial on Appeal – Number of Times Exemptions Applied Note: If an administrative appeal results in the denial of information based on exemptions and also based on a reason or reasons presented in Charts C (2) and C (3) below, report that appeal in all applicable charts.1.For each administrative appeal, report all exemptions applied; however, count each exemption only once per appeal. Ex.1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.9N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AC. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions 1.Provide the number of administrative appeals resulting in denial for reasons other than exemptions, as described in the eleven columns below.No RecordsRecords Referred at Initial Request LevelRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper Request for Other ReasonsNot Agency RecordDuplicate Request or AppealRequest in Litigation Appeal Based Solely on Denial of Request for Expedited ProcessingOther*Explain in chart belowN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AC. (3)Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied uponTOTALDescription #Description #N/A1.If you utilized the “Other” column in Section VI, C (2), provide below descriptions of the “other” reasons and the number of times each reason was relied upon. (The numbers in the “Total” column must match the numbers in the “Other” column from Section VI, C (2).)C. (4)Response Time for Administrative Appeals1.Provide the median, average, and range in number of days to respond to administrative appeals.Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysN/AN/AN/AN/AC. (5)Ten Oldest Pending Administrative Appeals 1.Provide the dates of receipt of the ten oldest pending administrative appeals, and the number of days pending.Date of Receipt of Ten Oldest AppealsDateN/AN/AN/AN/AN/AN/AN/AN/A9/14/09Number of Days PendingN/AN/AN/AN/AN/AN/AN/AN/A1610th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest AppealVII.FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests For charts in Section VII, include response times for only perfected requests. Begin counting days from the date of receipt of the perfected request. If using a multi-track processing system, report response times separately for each track, (as exemplified in the charts in this Section). If not using a multi-track processing system, at a minimum, report separately requests which have been granted expedited processing. Note: Chart A must reflect the response times for all processed perfected requests. Chart B is a sub-set of Chart A and must reflect the response times only for those perfected requests in which information was granted, either in full or in part.Processed Requests – Response Time for All Processed Perfected Requests1.Provide the median, average and range in number of days to process all perfected requests.SimpleComplexExpedited processingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysComponent AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AComponent BN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALL641682526N/AN/AN/AN/AN/AN/AN/AN/AProcessed Requests – Response Time for Perfected Requests in Which Information Was Granted 1.Provide the median, average and range in number of days to process all perfected requests in which information was granted. (“Granted” refers to full grants and partial grants.) SimpleComplexExpedited PROCESSINGMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysComponent AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AComponent BN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALL356011133N/AN/AN/AN/AN/AN/AN/AN/AC.Processed Requests – Response Time in Day Increments1.Provide the number of perfected requests processed in each of the thirteen designated time increments (i.e., report the number of requests processed within 20 days in the first column, the number processed within 21-40 days in the second column, etc.) a.If using a multi-track system, create separate charts as presented below to report the information for each track. If not using a multi-track system, at a minimum create a separate chart for requests which have been granted expedited processing. b.Insert the sum of the thirteen columns in the “Total” column to reflect the total number of requests processed for each of the tracks.Simple Requests1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL Comp. AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AComp. BN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALL480310100005426Complex Requests1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL Comp. AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AComp. BN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALLN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ARequests Granted Expedited Processing1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL Comp. AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AComp. BN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALLN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AD.Pending Requests – All Pending Perfected RequestsSimpleComplexExpedited PROCESSINGNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysComponent AN/AN/AN/AN/AN/AN/AN/AN/AN/AComponent BN/AN/AN/AN/AN/AN/AN/AN/AN/AAGENCY OVERALL151641670000001. Provide the number of perfected requests pending as of the end of the fiscal year, and the median and average number of days those requests had been pending. If an agency is unable to determine whether all of its pending requests are perfected, the agency must include all pending requests and include a footnote that it has done so. *Includes ALL pending requestsAgency Overall10th Oldest Request and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days PendingDate5/20/09Number of Days934/7/091242/9/0916412/15/0819711/25/0821010/31/0822610/9/0824110/9/082412/26/0840011/21/0746310th Oldest Request and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days PendingComponent ADateNumber of DaysN/AN/AN/AN/AN/AN/AN/AN/AN/AComponent BDateNumber of DaysN/AN/AN/AN/AN/AN/AN/AN/AN/APending Requests – Ten Oldest Pending Perfected Requests1. Provide the dates of receipt of the ten oldest perfected requests pending as of the end of the fiscal year, and the number of days those requests had been pending.VIII.REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER Section VIII now reflects new mandatory reporting requirements and is no longer an optional Section. Provide information for adjudicated requests for expedited processing or adjudicated requests for a fee waiver, i.e., requests for expedited processing or requests for a fee waiver which were granted or denied. Do not include requests for expedited processing or requests for a fee waiver which became moot for various reasons and, as a result, were neither granted nor denied.A.Requests for Expedited Processing1.Include requests for expedited processing made both at the initial request level and, when applicable, at the administrative appeal level. 2.Calculating days: Count calendar days starting from the day you receive the request for expedited processing through the day you provide notice to the requester of your determination to grant or deny the request for expedited processing.3.Note: The response time portion of this new reporting requirement captures the time taken to decide whether to grant or deny a request for expedited processing. This does not cover the FOIA requests which have already been granted expedited status, placed in the “expedited processing” track, and reported elsewhere in this Report. Rather, this new requirement reflects the time taken to make a determination (i.e., adjudicate) whether a request for expedited processing should be granted or denied. The FOIA requires agencies to determine within ten calendar days whether a request satisfies the standards for expedited processing. Number Granted Number DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysComponent AN/AN/AN/AN/AN/AComponent BN/AN/AN/AN/AN/AAGENCY OVERALL00000B.Requests for Fee Waiver1.Include requests for a waiver of fees made both at the initial request level and, when applicable, at the administrative appeal level.2.Calculating days: Unlike requests for expedited processing, the period of time to adjudicate a fee waiver request does not necessarily begin with receipt of the fee waiver request itself, nor does it necessarily conclude with a separate letter sent to the requester. As a result, count each working day spent considering whether to grant or deny the request for a fee waiver. Do not include additional days that may precede consideration of the fee waiver request, e.g., days the request waits in a processing queue, processing time which precedes commencement of the adjudication of the fee waiver request, etc., or any days that succeed the adjudication, such as days spent processing the request after the adjudication is made, etc. (Accordingly, establish a tracking procedure that captures the distinct number of days taken to adjudicate a fee waiver request.) Number Granted Number DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateComponent AN/AN/AN/AN/AComponent BN/AN/AN/AN/AAGENCY OVERALLInitial –0Appeal -0Initial – 1*Appeal – 1*N/AN/A*Partial DenialIX.FOIA PERSONNEL AND COSTS Provide the number of “Full-Time FOIA Staff” by adding the number of “Full-Time FOIA Employees” and the number of “Equivalent Full-Time FOIA Employees,” as described below. Also provide costs expended by the agency both for processing and litigating FOIA requests. A.Personnel1.A “full-time FOIA employee” is a full-time employee who performs FOIA duties 100% of the time. The number of such employees should be reported in Column 1 of the chart below. 2.An “equivalent full-time FOIA employee” is created by adding together the percentages of time dedicated to FOIA duties by employees performing less than full-time FOIA duties. Each time 100% is reached, the time expended is counted as one “equivalent full-time FOIA employee.” The number of such “equivalent” employees should be reported in Column 2 of the chart below. 3.Employees performing less than full-time FOIA duties are either a) part-time employees who perform FOIA duties all, or part, of the time, or b) full-time employees who perform FOIA duties less than 100% of the time. 4.The following examples illustrate how to calculate the number of “equivalent full-time FOIA employees.” a.Example #1: Assume three full-time employees with part-time or occasional FOIA duties. If Employee #1 performs FOIA duties 50% of the time, and Employees #2 and #3 each perform FOIA duties 25% of the time, together they perform 100% (50+25+25) FOIA duties. Therefore, the FOIA duties of these three employees are the equivalent of 1 “full-time FOIA employee,” because a “full-time FOIA employee” is equal to 100%. This component would report “1” in Column 2 of the chart below.b.Example #2: Assume six full-time employees with part-time or occasional FOIA duties. If Employees #1, #2, #3 and #4 each perform FOIA duties 50% of the time, Employee #5 performs FOIA duties 75% of the time, and Employee #6 performs FOIA duties 10% of the time, together they perform 285% (50x4 + 75+10) FOIA duties. Because a “full-time FOIA employee” is equal to 100%, the FOIA duties of these six employees are the equivalent of 2.85 “full-time FOIA employees.” This component would report “2.85” in Column 2 of the chart below.c.Example #3: Assume Employee #1 is a part-time employee who works twenty hours/week and performs FOIA duties half of his time. As a part-time employee who works twenty hours/week, the most FOIA work Employee #1 could perform is 50%. Because Employee #1 performs FOIA duties only half of his already part-time schedule, he performs 25% FOIA duties (i.e., half of the 50% maximum). Assume Employee #2 is a part-time employee who works thirty-two hours/week and performs FOIA duties all of her time. As a part-time employee who works thirty-two hours/week, the most FOIA work Employee #2 could perform is 80%. Because Employee #2 performs FOIA duties all of her time, she performs 80% FOIA duties. Together, the two employees perform 105% (25+80) FOIA duties. Therefore, their combined FOIA duties are the equivalent of 1.05 “full-time FOIA employees,” and this component would report “1.05” in Column 2 of the chart below. B.Costs1.Processing Costs: Add together all costs expended by the agency for processing FOIA requests at the initial request and administrative appeal levels. Include salaries of FOIA personnel, overhead, and any other FOIA-related expenses. (An agency’s budget will often be a useful resource for this information.) PERSONNELCosts Number of “Full-Time FOIA Employees”Number of “Equivalent Full-Time FOIA Employees”Total Number of “Full-Time FOIA Staff”(The sum of Columns 1 & 2)Processing Costs(At initial request and appeal levels)Litigation-Related CostsTotal CostsComponent AN/AN/AN/AN/AN/AN/AComponent BN/AN/AN/AN/AN/AN/AAGENCY OVERALL0.35.3549,5906,46856,058Column 1 Column 2 2.Litigation Costs: Add together all costs expended by the agency in litigating FOIA requests. Include salaries of personnel involved in FOIA litigation, litigation overhead, and any other FOIA litigation-related expenses. (As with Processing Costs, an agency’s budget will often be a useful resource for this information.)X.FEES COLLECTED FOR PROCESSING REQUESTSReport the dollar amount of fees collected from FOIA requesters for processing their requests. Also report the percentage of total processing costs (from the “Processing Costs” column in the Section IX chart) that those fees represent. In calculating the amount of fees collected, include fees received from a FOIA requester for search, review, document duplication, and any other direct costs permitted by agency regulations. Total Amount of Fees CollectedPercentage of Total CostsComponent AN/AN/AComponent BN/AN/AAGENCY OVERALL00XI.FOIA REGULATIONS Agencies must provide an electronic link to their FOIA regulations, including their fee schedule. http://www.fmc.gov/home/503Publicinformation.asp#503.31%20Records%20available%20upon%20written%20requestXII.BACKLOGS, CONSULTATIONS, AND COMPARISONS SEQ CHAPTER \h \r 1A. Backlogs of FOIA Requests and Administrative Appeals1.Provide below the number of FOIA requests and administrative appeals that were pending beyond the statutory time period as of the end of the fiscal year. (Such requests and appeals are considered “backlogged.”) 2.Note: The statutory time period is ordinarily twenty working days from receipt of a perfected request, see 5 U.S.C. § 552(a)(6)(A)(i), but may be extended up to ten additional working days when “unusual circumstances” are present, see id. § 552(a)(6)(B)(i). Number of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearComponent AN/AN/AComponent BN/AN/AAGENCY OVERALL1203.Discuss/explain the backlog here (optional). Consultations on FOIA Requests – Received, Processed, and Pending ConsultationsThe consultation portions of the Annual Report require information about consultations received from other agencies, not sent to other agencies.Provide the number of consultations received from other agencies, those processed, and those pending as described in Columns 1 through 4. The number in Column 1 must match the number of “Consultations Received from Other Agencies That Were Pending at Your Agency as of End of the Fiscal Year” from last year’s Annual Report.The sum of Columns 1 and 2 minus the number in Column 3 must equal the number in Column 4. Column 1Column 2Column 3Column 4 Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of Start of the Fiscal YearNumber of Consultations Received from Other Agencies During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Processed by Your Agency During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Pending at Your Agency as of End of the Fiscal Year Component AN/AN/AN/AN/AComponent BN/AN/AN/AN/A AGENCY OVERALL 0 000C.Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency 1.Provide the dates of receipt of the ten oldest consultations received from other agencies pending at your agency as of the end of the fiscal year. 10th Oldest Consultation and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days PendingComponent ADateNumber of DaysN/AN/AN/AN/AN/AN/AN/AN/AN/AComponent BDateNumber of DaysN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency Overall10th Oldest Consultation and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days PendingDateNumber of Days000000000D.Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed, and Backlogged1.Provide the number of requests received and the number of requests processed during the fiscal year from last year’s Annual Report and the number of those received and processed during the fiscal year from the current Annual Report. 2.The numbers in Columns 1 and 2 must match the “Number of Requests Received in Fiscal Year” from Section V, A of the Annual Report from last year and from this year respectively. The numbers in Columns 3 and 4 must match the “Number of Requests Processed in Fiscal Year” from Section V, A of the Annual Report from last year and from this year respectively.NUMBER OF REQUESTS RECEIVEDNUMBER OF REQUESTS PROCESSED Number Received During Fiscal Year from Last Year’s Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year’s Annual ReportNumber Processed During Fiscal Year from Current Annual ReportComponent AN/AN/AN/AN/AComponent BN/AN/AN/AN/AAGENCY OVERALL1031226Column 1Column 2Column 3Column 43.Starting with the Annual Report for Fiscal Year 2009, provide the number of backlogged requests as of the end of the fiscal year from the previous Annual Report and the number of backlogged requests as of the end of the fiscal year from the current Annual Report. a.The numbers in Columns 1 and 2 must match the “Number of Backlogged Requests as of End of Fiscal Year” from Section XII, A of the previous Annual Report and of the current Annual Report respectively. Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Requests as of End of the Fiscal Year from Current Annual ReportComponent AN/AN/AComponent BN/AN/AAGENCYOVERALL1112Column 1Column 2E.Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed, and Backlogged1.Provide the number of administrative appeals received and the number of administrative appeals processed during the fiscal year from last year’s Annual Report and the number of those received and processed during the fiscal year from the current Annual Report.2.The numbers in Columns 1 and 2 must match the “Number of Administrative Appeals Received in Fiscal Year” from Section VI, A of the Annual Report from last year and from this year respectively. The numbers in Columns 3 and 4 must match the “Number of Administrative Appeals Processed in Fiscal Year” from Section VI, A of the Annual Report from last year and from this year respectively.Column 1Column 2Column 3Column 4NUMBER OF APPEALS RECEIVEDNUMBER OF APPEALS PROCESSEDNumber Received During Fiscal Year from Last Year’s Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year’s Annual ReportNumber Processed During Fiscal Year from Current Annual ReportComponent AN/AN/AN/AN/AComponent BN/AN/AN/AN/AAGENCYOVERALL01003.Starting with the Annual Report for Fiscal Year 2009, provide the number of backlogged administrative appeals as of the end of the fiscal year from the previous Annual Report and the number of backlogged administrative appeals as of the end of the fiscal year from the current Annual Report. a.The numbers in Columns 1 and 2 must match the “Number of Backlogged Appeals as of End of Fiscal Year” from Section XII, A of the previous Annual Report and of the current Annual Report respectively.Column 1Column 2Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Appeals as of End of the Fiscal Year from Current Annual ReportComponent AN/AN/AComponent BN/AN/AAGENCYOVERALL00F. Discussion of Other FOIA Activities (Optional)Provide here any further information about the agency’s efforts to improve FOIA administration.Submitting the Annual ReportAll agencies are required by the FOIA to submit their Annual FOIA Reports to the Department of Justice by no later than February 1 of each year. The FOIA also requires agencies to make their reports available electronically. The Department of Justice, in turn, is required to make all agency Annual FOIA Reports available at a single access point on the Web. Upon completion of its Annual FOIA Report, each agency should first forward the Report to the Office of Information and Privacy (OIP) for its review prior to posting it electronically. Reports should be submitted to OIP no later than January 5th of each year to permit adequate review time. Once cleared by OIP, the Annual Report can be posted on the agency’s FOIA Web site and it will also be included on the Department of Justice’s centralized Annual FOIA Report link on the Web. As agencies post their new Report each year, they should maintain their previous Reports on their Web site for a period of at least seven years. For questions about the Report, contact Bertina Adams at 202-514-3642. PAGE 1PAGE 8Ownerjdehoff22010-01-20T21:18:00Z2010-05-20T13:48:00Z2010-05-20T13:48:00Z133607934106Microsoft Office Word021311217falseTitle1false38968falsefalse12.0000