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FOIA - Freedom of Information Act

ANNUAL FREEDOM OF INFORMATION ACT (FOIA) REPORT
FEDERAL HIGHWAY ADMINISTRATION
JANUARY 1 - SEPTEMBER 30 1997

  1. Total number of initial determinations not to comply with a request for records made under subsection 552(a): 361

  2. Authority relied upon for each such determination:

    1. Exemption in 552(b)

      Exemptions InvokedTimes Invoked
      (1)0
      (2)0
      (3)184
      (4)38
      (5)13
      (6)8
      (7)489

      (Of the above figures, documents were released in almost all of the above cases and only portions of information pertaining to a specific exemption were deleted.)

    2. Statute(s) Invoked Pursuant to 552(b)(3)

      Statutory CitationNumber of Times Invoked
      49 USC 31143181
      23 USC 4092
      16 USC 15311

    3. Other Authority

      ReasonsTimes Invoked
      Non-possession of records68
      Failure to adequately identify records20
      Non-existence of records32
      Requests canceled8
      Refusal to pay reasonable research and reproduction fees12

  3. Names and titles of each person responsible for the initial denial of records requested and the number of instances of participation of each:
    NameTitleInstances of Participation
    Cirillo, J.Regional Administrator, Region 9 2
    Condes, J.Technical/Policy Staff, Office of Acquisition Management 1
    Dunlap, J.FOIA Team Leader, Resource Management Division, Office of Motor Carriers 258
    Edick, T.Federal Lands Highway Program Administrator 1
    Hardy, J.Contracting Officer, Research and Special Programs, Office of Acquisition Management 4
    Harrison, J.Transportation Specialist, Resource Management Divsion, Office of Motor Carriers 18
    Hawkins, J.Director, Office of Personnel and Training 5
    Horne, D.Chief, Federal-Aid and Design Division, Office of Engineering 2
    Juhasz, B.Chief, Metro Planning Division, Office of Environment and Planning 1
    Kabel, K.Management Initiatives Team Leader, Office of Information and Management Services 1
    Klinedinst, G.Division Engineer, Eastern Federal Lands Highway Divsion 4
    Kudzia, W.Assistant Division Administrator, Region 6 1
    Laney, K.Financial Manager, Maryland Divsion 2
    Larson, L.Regional Administrator, Region 4 5
    Maciejka, R.Director, Office of Administration, Region 1 1
    Martoccia, A.Contracting Officer, Highway Support Services, Office of Acquisition Management 18
    Miller, J.Financial Manager, Pennsylvania Division 1
    Oates, R.Financial Manager, Virginia Division 1
    Ortez, D.Regional Counsel, Region 9 2
    Overton, J.Federal-Aid Programs Group, Office of Engineering 1
    Rentz, H.Regional Administrator, Region 1 1
    Rimrodt, G.Administration and Information Technical Team Leader, Region 6 1
    Schnackenberg, J. Chief, Management Programs and Analysis Divsion, Office of Information and Management Services 1
    Scouten, J. Regional Counsel, Region 3 8
    Stoner, N.Assistant Division Administrator, Region 5 1
    Walker, J.Financial Manager, Deleware Division 1
    Welch, A. Project Development, Federal Lands Highway Program 1
    Williams, T. Transportation Specialist, Resource Management Divsion, Office of Motor Carriers 18

  4. Total number of intra-agency appeals from adverse initial decisions made pursuant to subsection (a)(6): 17

    a. Number of appeals granted in full -1
    b. Number of appeals denied in full -11
    c. Number of appeals denied in part -4
    d. Number of appeals canceled -1

  5. Authority relied upon for total or partial denial of appeal:

    1. Exemption in 552(b)

      Exemption Invoked Times Invoked
      552(b)(1) 0
      552(b)(2) 0
      552(b)(3) 2
      552(b)(4) 1
      552(b)(5) 4
      552(b)(6) 4
      552(b)(7) 8

    2. Statute(s) Invoked Pursuant to 552(b)(3)

      49 USC 31143 (b) requires that the agency not disclose the identity of complainants unless it is determined that such disclosure is necessary to prosecute a violation. This was invoked 2 times.

    3. Other Authority

      Reasons Times Invoked
      Non-possession of records 1
      Failure to adequately identify records 0
      Non-existence of records 0
      Requests canceled 1
      Refusal to pay reasonable research and reproduction fees 1

  6. Name and title of each person who, on appeal, was responsible for the denial, in whole or in part of records requested and the number of instances of participation of each:

    NameTitleInstances of Participation
    Moore, G.Associate Administrator for Administration 13
    Zeidel, D.Deputy Associate Administrator for Administration 2

  7. Provide a copy of each court opinion or order giving rise to a proceeding under subsection (a)(4)(F); a copy of the Office of Personnel Management findings and recommendations on each such proceeding; and a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken. None

  8. Provide an up-to-date copy of all rules or regulations issued pursuant to or in implementation of the Freedom of Information Act (5 U.S.C. 552). (Only amendments need to be filed with reports for calendar years subsequent to the report filed for calendar year 1975). None

  9. The total dollar amount of fees collected for making records available was $22,674.

  10. Pursuant to subparagraph (d)(7), furnish as a minimum the following information indicative of efforts to administer fully this section.

    1. Availability of Records. A list of all new categories or segregable portions of records now being released upon request. None

    2. Total Cost. The total estimated cost of administering the 1974 amendments to the FOIA was $ 611,179.

    3. Compliance With Time Limitations for Agency Determinations.

      1. Provide the total number of instances in which it was necessary to seek a 10-day extension of time, broken down as follows:

        1. Need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request: 0

        2. Need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request: 0

        3. Need for consultation with another agency or among two or more components of the agency having substantial subject matter interest: 0

      2. Court appeals: 0

      3. Court granted extensions of time: 0

    4. Internal Memoranda. Furnish a copy of all unpublished internal memoranda or instructions setting forth procedures to be followed by agency personnel in administering the Act or defining its coverage. None were issued during the year.

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