Top of Form HTMLCONTROL Forms.HTML:Hidden.1 FOIA ANNUAL REPORTFOR10/01/2008THROUGH09/30/2009 (as required by 5 U.S.C. 552)Monday, February 01, 2010I. BASIC INFORMATION REGARDING REPORT 1. Name, title, address, and telephone number of person(s) to be contacted with questions about the Report. Melba D. Moye – FOIA OfficerJoy White – FOIA SpecialistTamara Pleasant Crawford – FOIA SpecialistNational Transportation Safety BoardAttn: FOIA Requester Service Center (CIO-40)490 L’Enfant Plaza, S.W.Washington, D.C. 205942. Electronic link for access to the Report on the agency Web site. http://www.ntsb.gov/info/foia.htmhttp://www.ntsb.gov/open.htm3.To obtain a copy of the Report in paper form. National Transportation Safety BoardAttn: FOIA Requester Service Center, (CIO-40)490 L’Enfant Plaza, S.W.Washington, D.C. 20594-2000(202) 314-6540II. MAKING A FOIA REQUEST 1. Names, addresses, and telephone numbers of all individual agency components that receive FOIA requests. National Transportation Safety BoardAttn: FOIA Requester Service Center, (CIO-40)490 L’Enfant Plaza, S.W.Washington, D.C. 20594-2000(202) 314-65402. 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 National Transportation Safety board is an independent Federal agency charged by congress with investigating transportation accidents, determining the probable cause and issuing safety recommendations aimed at preventing future accidents.Requests are made for accident investigation records. The records most commonly withheld are those protected from release by another statute, those containing proprietary information, and draft reports. The most commonly redacted information is that involving matters of personal privacy.III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 1. Provide any agency-specific acronyms or terms used in this Report. 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 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, 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 IV. Exemption 3 StatutesA. For Initial RequestsStatute49 U.S.C. § 1114(c)(1) 49 U.S.C. § 1114(f) Type of InformationWithheldAny portion of cockpit voice recording (CVR), or the portions of a transcript of a CVR that the Board did not find relevant to an investigation.Any information relating to Board participation in foreign aircraft accidents, where the country conducting the investigation has not issued its report or 2 years have not elapsed from the date of the accident.Case CitationN/AN/ANumber of TimesRelied uponper Component21Total Number ofTimes Relied uponby Agency21B. For AppealsStatuteNONEType of InformationWithheldN/ACase CitationN/ANumber of TimesRelied uponper ComponentN/ATotal Number ofTimes Relied uponby AgencyN/AV. FOIA REQUESTSA. Received, Processed and Pending FOIA Requests Number ofRequests Pendingas of Start ofFiscal YearNumber ofRequests Receivedin Fiscal YearNumber ofRequestsProcessed inFiscal YearNumber ofRequestsPending as ofEnd of FiscalYearAGENCYOVERALL 36 319 307 48 B.(1) Disposition of FOIA Requests All Processed Requests NumberofFullGrants Numberof PartialGrants/PartialDenials Number ofFull DenialsBased onExemptions Number of Full Denials Based on Reasons Other than Exemptions No records All RecordsReferred toAnotherComponentor Agency Request withdrawn Fee-related reason Records not reasonably described ImproperFOIARequestfor OtherReason Not an agency record DuplicateRequest Other*Explainin chartbelow TOTALAGENCYOVERALL 41 72 119 52 1 4 0 1 7 8 2 0 307 B.(2) Disposition of FOIA Requests Other Reasons for Full Denials Based on Reasons Other than ExemptionsComponentDescription of Other Reasonsfor Denials from Chart B (1)& Number of Times ThoseReasons Were Relied uponTOTALAGENCY OVERALL0 0 B.(3) Disposition of FOIA Requests Number of Times Exemptions Applied (b)(1)(b)(2)(b)(3)(b)(4)(b)(5)(b)(6)(b)(7)(A)(b)(7)(B)(b)(7)(C)(b)(7)(D)(b)(7)(E)(b)(7)(F)(b)(8)(b)(9)AGENCYOVERALL 0 116 3 14 158 47 109 0 0 0 0 0 0 0 VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTSA. Received, Processed and Pending Administrative Appeals Number ofAppeals Pendingas of Start ofFiscal YearNumber ofAppeals Receivedin Fiscal YearNumber ofAppealsProcessed inFiscal YearNumber ofAppealsPending as ofEnd of FiscalYearAGENCYOVERALL 1 9 7 3 B. Disposition of Administrative Appeals All Processed Appeals Number Affirmedon AppealNumber PartiallyAffirmed & PartiallyReversed/Remandedon AppealNumber CompletelyReversed/Remandedon AppealNumber ofAppeals Closedfor Other ReasonsTOTALAGENCYOVERALL 5 0 0 2 7 C.(1) Reasons for Denial on Appeal Number of Times Exemptions Applied (b)(1)(b)(2)(b)(3)(b)(4)(b)(5)(b)(6)(b)(7)(A)(b)(7)(B)(b)(7)(C)(b)(7)(D)(b)(7)(E)(b)(7)(F)(b)(8)(b)(9)AGENCYOVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C.(2) Reasons for Denial on Appeal Reasons Other than Exemptions No recordsRecordsReferredat InitialRequestLevelRequest withdrawnFee-related reasonRecords not reasonably describedImproperRequestfor OtherReasonsNot an agency recordDuplicateRequestorAppealRequest in LitigationAppeal Based Solely on Denial of Request for Expedited ProcessingOther*Explainin chartbelowTOTALAGENCYOVERALL 1 0 0 0 0 0 0 1 0 0 0 2 C.(3) Reasons for Denial on Appeal Other ReasonsComponentDescription of Other Reasonsfor Denials from Chart C (2)& Number of Times ThoseReasons Were Relied uponTOTALAGENCY OVERALL0 0 C.(4) Response Time for Administrative Appeals SIMPLECOMPLEXEXPEDITED PROCESSINGMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysAGENCYOVERALL 16 16 16 16 17.5 18.5 0 45 n/a n/a n/a n/a C.(5) Ten Oldest Pending Administrative Appeals 10th OldestAppeal andNumber ofDays Pending9th8th7th6th5th4th3rd2ndOldest Appealand Number ofDays PendingAGENCYOVERALL 0 00000009/29/20091 08/24/200927 06/23/200971 VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTSA. Processed Requests Response Time for All Processed Perfected Requests SIMPLECOMPLEXEXPEDITED PROCESSINGMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysAGENCYOVERALL 1 3.59 0 21 11 29.51 0 392 n/a n/a n/a n/a B. Processed Requests Response Time for Perfected Requests in Which Information Was Granted SIMPLECOMPLEXEXPEDITED PROCESSINGMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysMedianNumberof DaysAverageNumberof DaysLowestNumberof DaysHighestNumberof DaysAGENCYOVERALL 4 4.38 0 15 32.5 49.77 0 392 n/a n/a n/a n/a C. Processed Requests Response Time in Day IncrementsSimple Requests < 1Day1-20Days21-40Days41-60Days61-80Days81-100Days101-120Days121-140Days141-160Days161-180Days181-200Days201-300Days301-400Days401+DaysTOTALAGENCYOVERALL 15 28 1 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 44 Complex Requests < 1Day1-20Days21-40Days41-60Days61-80Days81-100Days101-120Days121-140Days141-160Days161-180Days181-200Days201-300Days301-400Days401+DaysTOTALAGENCYOVERALL 30 138 35 18 13 10 5 6 1 1 1 2 2 n/a 262 Requests Granted Expedited Processing < 1Day1-20Days21-40Days41-60Days61-80Days81-100Days101-120Days121-140Days141-160Days161-180Days181-200Days201-300Days301-400Days401+DaysTOTALAGENCYOVERALL n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a D. Pending Requests All Pending Perfected Requests SIMPLECOMPLEXEXPEDITED PROCESSINGNumberPendingMedianNumberof DaysAverageNumberof DaysNumberPendingMedianNumberof DaysAverageNumberof DaysNumberPendingMedianNumberof DaysAverageNumberof DaysAGENCYOVERALL 2 13 13 36 21 37 n/a n/a n/a E. Pending Requests Ten Oldest Pending Perfected Requests 10th OldestRequest andNumber ofDays Pending9th8th7th6th5th4th3rd2ndOldest Requestand Number ofDays PendingAGENCYOVERALL 08/05/200940 08/05/200940 08/05/200940 07/29/200945 07/21/200957 06/29/200969 06/29/200969 03/17/2009164 02/03/2009171 12/19/2008206 VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVERA. Requests for Expedited Processing NumberGrantedNumberDeniedMedianNumber ofDays toAdjudicateAverageNumber ofDays toAdjudicateNumberAdjudicatedWithin TenCalendar DaysAGENCYOVERALL 0 1 0 0 1 B. Requests for Fee Waiver NumberGrantedNumberDeniedMedianNumber ofDays toAdjudicateAverageNumber ofDays toAdjudicateAGENCYOVERALL 2 1 0 0 IX. FOIA PERSONNEL AND COSTS PERSONNELCOSTS Number ofFull-TimeFOIA EmployeesNumber ofEquivalentFull-TimeFOIAEmployeesTotalNumber ofFull-TimeFOIA StaffProcessingCostsLitigation-RelatedCostsTotalCostsAGENCYOVERALL 2.00* 6.00 8.00 $957,795.60 $389.57 $958,185.17 *Personnel and offices that search for responsive records are not included in the count for full-time FOIA employeesX. FEES COLLECTED FOR PROCESSING REQUESTS Total Amount of FeesCollectedPercentage of Total CostsAGENCYOVERALL $12,058.65 99.80 XI. FOIA Regulations (Including Fee Schedule)49 C.F.R. Part 801 Fee Schedule: See 49 C.F.R. Part 801, subpart G. XII. BACKLOGS, CONSULTATIONS, AND COMPARISONSA. Backlogs of FOIA Requests and Administrative Appeals Number of BackloggedRequests as of End ofFiscal YearNumber of BackloggedAppeals as of End ofFiscal YearAGENCYOVERALL 48 3Discuss/Explain the backlog here(Optional) B. Consultations on FOIA Requests Received, Processed, and Pending Consultations Number ofConsultations Receivedfrom Other Agenciesthat Were Pending atYour Agency as ofStart of the Fiscal YearNumber ofConsultationsReceived from OtherAgencies During theFiscal YearNumber ofConsultations Receivedfrom Other Agenciesthat Were Processed byYour Agency Duringthe Fiscal YearNumber ofConsultations Receivedfrom Other Agenciesthat Were Pending atYour Agency as ofEnd of the Fiscal YearAGENCYOVERALL n/a n/a n/a n/a C. Consultations on FOIA Requests Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency 10th OldestConsultation andNumber ofDays Pending9th8th7th6th5th4th3rd2ndOldest Consultationand Number ofDays PendingAGENCYOVERALL 0 0 00000000 D. Comparison of Numbers of Requests from Previous and Current Annual Report Requests Received, Processed, and Backlogged NUMBER OF REQUESTS RECEIVEDNUMBER OF REQUESTS PROCESSED Number ReceivedDuring Fiscal Yearfrom Last YearsAnnual ReportNumber ReceivedDuring Fiscal Yearfrom CurrentAnnual ReportNumber ProcessedDuring Fiscal Yearfrom Last YearsAnnual ReportNumber ProcessedDuring Fiscal Yearfrom CurrentAnnual ReportAGENCYOVERALL 224 319 189** 307 **311 FOIA requests were processed in old database. Number of BackloggedRequests as of End ofthe Fiscal Year fromPrevious Annual ReportNumber of BackloggedRequests as of End ofthe Fiscal Year fromCurrent Annual ReportAGENCYOVERALL 36 48E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report Appeals Received, Processed, and Backlogged NUMBER OF APPEALS RECEIVEDNUMBER OF APPEALS PROCESSED Number ReceivedDuring Fiscal Yearfrom Last YearsAnnual ReportNumber ReceivedDuring Fiscal Yearfrom CurrentAnnual ReportNumber ProcessedDuring Fiscal Yearfrom Last YearsAnnual ReportNumber ProcessedDuring Fiscal Yearfrom CurrentAnnual ReportAGENCYOVERALL 9 9 8 7 Number of BackloggedAppeals as of End ofthe Fiscal Year fromPrevious Annual ReportNumber of BackloggedAppeals as of End ofthe Fiscal Year fromCurrent Annual ReportAGENCYOVERALL 0 0F. Discussion of Other FOIA Activities (Optional) Agency has hired a contractor to assist with FOIA processing and tracking of all incoming requests. Bottom of Form183GmgAAAAAAAGAAGABgAAAAAAAJVwEACQAAA7kAAAAEAAsAAAAAAAQAAAADAQgABQAAAAsCAAAA
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