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I. BASIC INFORMATION REGARDING REPORT

1. Name, title, address, and telephone number of person(s) to be contacted with questions 

about the report:

Stacey Demps-Barrett, Esq.

Chief FOIA Officer

1331 Pennsylvania Avenue, N.W., Suite 520N

Washington, D.C. 20004

ph: (202) 434-9939

fx: (202) 434-9944

email: foia@fmshrc.gov

2. Electronic address for report on the agency website:

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

3. 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.

II. MAKING A FOIA REQUEST

1. Names, addresses, and telephone numbers of all individual agency components and offices 

that receive FOIA requests.

All FOIA requests to the Federal Mine Safety and Health Review Commission are made to the 

agency’s Chief FOIA Officer at the address above. 

2. 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; inter-agency or intra-agency consultation 

communications; and privileged or confidential commercial or financial information of mine 

entities.

3. Electronic link(s) to agency FOIA regulations, including the agency’s fee schedule. 
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https://www.fmshrc.gov/rules/foia

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

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. Definitions and terms used in this report include:

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 
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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. 
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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).

2. The following are concise descriptions of the nine FOIA exemptions:

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

b. Exemption 2: internal agency rules and practices

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, 
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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
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IV. EXEMPTION 3 STATUTES 

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied upon

by Agency / 

Component

Total Number 

of

Times Relied 

upon

by Agency 

Overall

N/A N/A N/A FMSHRC 0

0
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V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number of 

Requests

Pending as of 

Start

of Fiscal Year

Number of

Requests 

Received

in Fiscal Year

Number of

Requests 

Processed

in Fiscal Year

Number of 

Requests

Pending as of End

of Fiscal Year

FMSHRC 1 132 133 0

0

AGENCY OVERALL 1 132 133 0
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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 Exemptions

No 

Records

All Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

FMSHRC 93 8 0 15 0 7 0 0 2 0 1 7 133

0

AGENCY 

OVERALL 93 8 0 15 0 7 0 0 2 0 1 7 133
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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

TOTAL

FMSHRC Court sealed 1

7

Directed requester to another agency 6

AGENCY 

OVERALL 7
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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. 9

FMSHRC 0 1 0 3 0 7 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 1 0 3 0 7 0 0 0 0 0 0 0 0
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VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --

RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / Component

Number of Appeals

Pending as of Start

of Fiscal Year

Number of

Appeals Received

in Fiscal Year

Number of

Appeals Processed

in Fiscal Year

Number of Appeals

Pending as of End

of Fiscal Year

FMSHRC 0 0 0 0

0

AGENCY OVERALL 0 0 0 0
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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

TOTAL

FMSHRC 0 0 0 0 0

0

AGENCY OVERALL 0 0 0 0 0
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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. 9

FMSHRC 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
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VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component

No 

Records

Records 

Referred at 

Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

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 

below

FMSHRC 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0
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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

TOTAL

FMSHRC N/A 0

0

AGENCY 

OVERALL 0
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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 Days

AGENCY OVERALL 0.00 0.00 0.00 0.00
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VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal

Date of Appeal

Number of Days 

Pending

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 0
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VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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 Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY 

OVERALL 1 2.15 <1 24 16 16.8 1 59 1 1 1 1
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VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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 Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY 

OVERALL 1 2.17 <1 24 11 11.6 1 27 1 1 1 1
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VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

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 TOTAL

FMSHRC 101 1 0 0 0 0 0 0 0 0 0 0 0 102

0

AGENCY 

OVERALL 101 1 0 0 0 0 0 0 0 0 0 0 0 102
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

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 TOTAL

FMSHRC 14 5 2 0 0 0 0 0 0 0 0 0 0 21

0

AGENCY 

OVERALL 14 5 2 0 0 0 0 0 0 0 0 0 0 21
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

Agency / 

Component

<1-20

Days

21-40

Days

41-60

Days

61-80

Days

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 TOTAL

FMSHRC 2 0 0 0 0 0 0 0 0 0 0 0 0 2

0

AGENCY 

OVERALL 2 0 0 0 0 0 0 0 0 0 0 0 0 2
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

Agency / Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number 

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 

Days

AGENCY OVERALL 0 N/A N/A 0 N/A N/A 0 N/A N/A
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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FY 2016

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

Agency / 

Component

10th 

Oldest 

Request

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Request

Date of Receipt

Number of Days 

Pending

AGENCY 

OVERALL

Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 0
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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 Days

AGENCY 

OVERALL 2 2 2 2 4
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VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

AGENCY 

OVERALL 0 0 N/A N/A
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IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs Total Costs

FMSHRC 0 0.75 0.75 $112,000.00 $0.00 $112,000.00

0 $0.00

AGENCY 

OVERALL 0 0.75 0.75 $112,000.00 $0.00 $112,000.00
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X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected

Percentage of Total 

Costs

FMSHRC $883.30 0.79%

AGENCY OVERALL $883.30 0.79%
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XI.A. NUMBER OF TIMES SUBSECTION (C) USED

Agency / Component Number of Times Subsection (C) Used

FMSHRC 0

AGENCY OVERALL 0
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XI.B. NUMBER OF SUBSECTION (A)(2) POSTINGS

Agency / Component Number of (a)(2) Records Posted by the 

FOIA Office

Number of (a)(2) Records Posted by 

Program Offices

FMSHRC 0 600

AGENCY OVERALL 0 600
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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 Year

FMSHRC 0 0

AGENCY OVERALL 0 0
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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 Start

of the Fiscal Year

Number of

Consultations 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 End

of the Fiscal Year

FMSHRC 0 0 0 0

0

AGENCY OVERALL 0 0 0 0
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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 Consultation

Date

Number of Days

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0
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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 PROCESSED

Number 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 Report

FMSHRC 140 132 140 133

AGENCY OVERALL 140 132 140 133
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

ANNUAL FOIA REPORT

FY 2016

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 Report

FMSHRC 0 0

AGENCY OVERALL 0 0
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

ANNUAL FOIA REPORT

FY 2016

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 PROCESSED

Number 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 Report

FMSHRC 0 0 0 0

AGENCY OVERALL 0 0 0 0
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

ANNUAL FOIA REPORT

FY 2016

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 Report

FMSHRC 0 0

AGENCY OVERALL 0 0