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          2014 Annual FOIA Report
    2014 Annual FOIA Report
 **FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION**
**ANNUAL FOIA REPORTFY 2014**

**Section I: Basic Information Regarding Report**

1.       Provide name, title, address, and telephone number of person(s) to be contacted with questions about the Report.

Stacey Demps-Barrett, Esq.Chief FOIA Officer1331 Pennsylvania Ave., N.W., Suite 520NWashington, D.C. 20004Phone: (202) 434-9939Facsimile: (202) 434-9944Email: foia@fmshrc.gov

2.      Provide an electronic link for access to the Report on the agency Web site.

http://www.fmshrc.gov/foia/reports

3.      Explain how to obtain a copy of the Report in paper form.

Contact the Chief FOIA Officer at the address, telephone number, or email address above.

**Section II: Making a FOIA Request**

1.       Provide names, addresses, and telephone numbers of all individual agency components that receive FOIA requests.

All FOIA requests to the Federal Mine Safety and Health Review Commission are made to the Chief FOIA Officer at the address above.

2.      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.

The most frequent reason why requests are not granted is that no records responsive to the request were located.  Generally, exemptions apply to records containing private miner information or medical records and financial statements; records reflecting the initial impressions and deliberations or work-product of our Commissioners, Judges, and attorneys; records related to our internal personnel policies and practices; and inter-agency or intra-agency consultation communications.

3.      Provide a functional electronic link to agency FOIA regulations, including the agency's fee schedule. (NOTE: Agency FOIA Regulations were formerly listed at Section XI of the human-readable version of the Report).

http://www.fmshrc.gov/rules/foia

http://www.fmshrc.gov/guides/foia-guide


**Section III: Acronyms, Definitions, and Exemptions**

1.       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. 6
7
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 or component within the same 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 or component within the same 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. 68

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).
69
2.      Include the following concise descriptions of the nine FOIA exemptions:

a.      **Exemption 1**: classified national defense and foreign relations information

b.      **Exemption 2**: information that is related solely to the internal personnel rules and practices of an agency

c.       **Exemption 3**: information that is prohibited from disclosure by another federal law

d.      **Exemption 4**: trade secrets and other confidential business information

e.      **Exemption 5**: inter-agency or intra-agency communications that are protected by legal privileges

f.        **Exemption 6**: information involving matters of personal privacy

g.      **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 individual
h.      **Exemption 8**: information relating to the supervision of financial institutions

i.        **Exemption 9**: geological information on wells








3.   Agency Component Abbreviations

Component Abbreviation
Component Name

**IV. Exemption 3 Statutes**

Statute
Type of InformationWithheld
Case Citation
Agency / Component
Number of TimesRelied uponby Agency / Component
Total Number ofTimes Relied uponby Agency OverallN/A
N/A
N/A
FMSHRC
0
0



**V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS**

Agency / Component
Number of RequestsPending as of Startof Fiscal Year
Number ofRequests Receivedin Fiscal Year
Number ofRequests Processedin Fiscal Year
Number of RequestsPending as of Endof Fiscal YearFMSHRC
5
152
156
10AGENCY OVERALL
5
152
156
1



**V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS**

Agency / Component
Number of Full Grants
Number of Partial Grants / Partial Denials
Number of Full Denials Based on Exemptions
Number of Full Denials Based on Reasons Other than ExemptionsNo Records
All Records Referred to Another Component or Agency
Request Withdrawn
Fee-Related Reason
Records not Reasonably Described
Improper FOIA Request for Other Reason
Not Agency Record
Duplicate Request
Other *Explain in Chart Below
TOTALFMSHRC
136
0
0
17
0
3
0
0
0
0
0
0
1560AGENCY OVERALL
136
0
0
17
0
3
0
0
0
0
0
0
156



**V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS"**

Agency / Component
Description of "Other" Reasons for Denials from Chart B(1)
Number of Times "Other" Reason Was Relied Upon
TOTALFMSHRC
N/A
0
0AGENCY OVERALL


0



**V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED**

Agency / Component
Ex. 1
Ex. 2
Ex. 3
Ex. 4
Ex. 5
Ex. 6
Ex. 7(A)
Ex. 7(B)
Ex. 7(C)
Ex. 7(D)
Ex. 7(E)
Ex. 7(F)
Ex. 8
Ex. 9FMSHRC
0
0
0
0
0
0
0
0
0
0
0
0
0
0AGENCY OVERALL
0
0
0
0
0
0
0
0
0
0
0
0
0
0



**VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS**

Agency / Component
Number of AppealsPending as of Startof Fiscal Year
Number ofAppeals Receivedin Fiscal Year
Number ofAppeals Processedin Fiscal Year
Number of AppealsPending as of Endof Fiscal YearFMSHRC
0
0
0
00AGENCY OVERALL
0
0
0
0



**VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS**

Agency / Component
Number Affirmed on Appeal
Number Partially Affirmed & Partially Reversed/Remanded on Appeal
Number Completely Reversed/Remanded on Appeal
Number of Appeals Closed for Other Reasons
TOTALFMSHRC
0
0
0
0
00AGENCY OVERALL
0
0
0
0
0



**VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED**

Agency / Component
Ex. 1
Ex. 2
Ex. 3
Ex. 4
Ex. 5
Ex. 6
Ex. 7(A)
Ex. 7(B)
Ex. 7(C)
Ex. 7(D)
Ex. 7(E)
Ex. 7(F)
Ex. 8
Ex. 9FMSHRC
0
0
0
0
0
0
0
0
0
0
0
0
0
0AGENCY OVERALL
0
0
0
0
0
0
0
0
0
0
0
0
0
0



**VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS**

Agency / Component
No Records
Records Referred at Initial Request Level
Request Withdrawn
Fee-Related Reason
Records not Reasonably Described
Improper Request for Other Reasons
Not Agency Record
Duplicate Request or Appeal
Request in Litigation
Appeal Based Solely on Denial of Request for Expedited Processing
Other *Explain in chart belowFMSHRC
0
0
0
0
0
0
0
0
0
0
0AGENCY OVERALL
0
0
0
0
0
0
0
0
0
0
0



**VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS**

Agency / Component
Description of "Other" Reasons for Denial on Appeal from Chart C(2)
Number of Times "Other" Reason Was Relied Upon
TOTALFMSHRC
N/A
0
0AGENCY OVERALL


0



**VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS**

Agency / Component
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of DaysAGENCY OVERALL
0.00
0.00
0.00
0.00



**VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS**

Agency / Component

10th Oldest Appeal
9th
8th
7th
6th
5th
4th
3rd
2nd
Oldest AppealDate of AppealNumber of Days PendingAGENCY OVERALL
Date of Appeal
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/ANumber of Days Pending
0
0
0
0
0
0
0
0
0
0



**VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS**

Agency / Component
SIMPLE
COMPLEX
EXPEDITED PROCESSINGMedian Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of DaysAGENCY OVERALL
1
3.4
1
25
6
9.2
1
36
N/A
N/A
N/A
N/A



**VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED**

Agency / Component
SIMPLE
COMPLEX
EXPEDITED PROCESSINGMedian Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of DaysAGENCY OVERALL
1
2.9
1
25
6
9.3
1
36
0
0
0
0



**VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS**

Agency / Component
<1-20Days
21-40Days
41-60Days
61-80Days
81-100 Days
101-120 Days
121-140 Days
141-160 Days
161-180 Days
181-200 Days
201-300 Days
301-400 Days
401+Days
TOTALFMSHRC
118
1
0
0
0
0
0
0
0
0
0
0
0
1190AGENCY OVERALL
118
1
0
0
0
0
0
0
0
0
0
0
0
119



**VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS**

Agency / Component
<1-20Days
21-40Days
41-60Days
61-80Days
81-100 Days
101-120 Days
121-140 Days
141-160 Days
161-180 Days
181-200 Days
201-300 Days
301-400 Days
401+Days
TOTALFMSHRC
35
2
0
0
0
0
0
0
0
0
0
0
0
370AGENCY OVERALL
35
2
0
0
0
0
0
0
0
0
0
0
0
37



**VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS**

Agency / Component
<1-20Days
21-40Days
41-60Days
61-80Days
81-100 Days
101-120 Days
121-140 Days
141-160 Days
161-180 Days
181-200 Days
201-300 Days
301-400 Days
401+Days
TOTALFMSHRC
0
0
0
0
0
0
0
0
0
0
0
0
0
00AGENCY OVERALL
0
0
0
0
0
0
0
0
0
0
0
0
0
0



**VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS**

Agency / Component
SIMPLE
COMPLEX
EXPEDITED PROCESSINGNumber Pending
Median Number of Days
Average Number of Days
Number Pending
Median Number of Days
Average Number of Days
Number Pending
Median Number of Days
Average Number of DaysAGENCY OVERALL
0
N/A
N/A
1
22
22
0
N/A
N/A



**VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS**

Agency / Component

10th Oldest Request
9th
8th
7th
6th
5th
4th
3rd
2nd
Oldest RequestDate of ReceiptNumber of Days PendingAGENCY OVERALL
Date of Receipt
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
2014-09-19Number of Days Pending
0
0
0
0
0
0
0
0
0
22



**VIII.A. REQUESTS FOR EXPEDITED PROCESSING**

Agency / Component
Number Granted
Number Denied
Median Number of Days to Adjudicate
Average Number of Days to Adjudicate
Number Adjudicated Within Ten Calendar DaysAGENCY OVERALL
0
0
N/A
N/A
N/A



**VIII.B. Requests for Fee Waiver**

Agency / Component
Number Granted
Number Denied
Median Number of Days to Adjudicate
Average Number of Days to AdjudicateAGENCY OVERALL
0
0
N/A
N/A



**IX. FOIA Personnel and Costs**

Agency / Component
PERSONNEL
COSTSNumber of "Full-Time FOIA Employees"
Number of "Equivalent Full-Time FOIA Employees"
Total Number of "Full-Time FOIA Staff"
Processing Costs
Litigation-Related Costs
Total CostsFMSHRC
0
0.75
0.75
$115,000.00
$0.00
$115,000.000


$0.00AGENCY OVERALL
0
0.75
0.75
$115,000.00
$0.00
$115,000.00



**X. Fees Collected for Processing Requests**

Agency / Component
Total Amount of Fees Collected
Percentage of Total CostsFMSHRC
$993.00
0.86%AGENCY OVERALL
$993.00
0.86%



**XII.A. Backlogs of FOIA Requests and Administrative Appeals**

Agency / Component
Number of Backlogged Requests as of End of Fiscal Year
Number of Backlogged Appeals as of End of Fiscal YearFMSHRC
0
0AGENCY OVERALL
0
0

*An extention was granted for the only pending request and thus is not included in backlogged requests pending as of the end of the fiscal year.*

**XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONS**

Agency / Component
Number of Consultations Received from Other Agencies that were Pending at the Agency as of Startof the Fiscal Year
Number ofConsultations Received from Other Agencies During the Fiscal Year
Number of Consultations Received from Other Agencies that were Processed by the Agency During the Fiscal Year
Number of Consultations Received from Other Agencies that were Pending at the Agency as of Endof the Fiscal YearFMSHRC
0
0
0
00AGENCY OVERALL
0
0
0
0



**XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCY**

Agency / Component

10th Oldest Consultation
9th
8th
7th
6th
5th
4th
3rd
2nd
Oldest ConsultationDateNumber of DaysAGENCY OVERALL
Date
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/ANumber of Days
0
0
0
0
0
0
0
0
0
0



**XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND PROCESSED**

Agency / Component
NUMBER OF REQUESTS RECEIVED
NUMBER OF REQUESTS PROCESSEDNumber Received During Fiscal Year from Last Year's Annual Report
Number Received During Fiscal Year from Current Annual Report
Number Processed During Fiscal Year from Last Year's Annual Report
Number Processed During Fiscal Year from Current Annual ReportFMSHRC
176
152
174
156AGENCY OVERALL
176
152
174
156



**XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED REQUESTS**

Agency / Component
Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual Report
Number of Backlogged Requests as of End of the Fiscal Year from Current Annual ReportFMSHRC
0
0AGENCY OVERALL
0
0

*An extension was granted for the only pending request and thus has not been included here as a pending backlogged request.*

**XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED AND PROCESSED**

Agency / Component
NUMBER OF APPEALS RECEIVED
NUMBER OF APPEALS PROCESSEDNumber Received During Fiscal Year from Last Year's Annual Report
Number Received During Fiscal Year from Current Annual Report
Number Processed During Fiscal Year from Last Year's Annual Report
Number Processed During Fiscal Year from Current Annual ReportFMSHRC
1
0
1
0AGENCY OVERALL
1
0
1
0



**XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS**

Agency / Component
Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual Report
Number of Backlogged Appeals as of End of the Fiscal Year from Current Annual ReportFMSHRC
0
0AGENCY OVERALL
0
0
      
  Date
              Wednesday, February 4, 2015

            FMSHRC FY 2014 (Final).xml
 
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