FHWA Contact:

Kathy Ray (HAIM-11) 400 Seventh Street, SW., Room 4428 Washington, D.C. 20590 (202) 366-9380

Location of annual report(s): http://www.fhwa.dot.gov/foia/annual.htm

FHWA's FOIA Request Guide is located on its FOIA Web Site (http://www.fhwa.dot.gov/foia/guide.htm).

1. Agency-specific acronyms or other terms. N/A

2. Basic terms, expressed in common terminology. Click here to see a listing of general "FOIA Terms".

1. List of Exemption 3 statutes relied on by agency during current fiscal year.

   1. Brief description of type(s) of information withheld under each statute.

      49 U.S.C. § 31443(b) (formerly Section 212(b), Motor Carrier Safety Act of 1984), confidential sources, cited 84 times.

      41 U.S.C. § 253b, contract proposal not incorporated into contracts, cited 2 times.

   2. Statement of whether a court has upheld the use of each statute. If so, then cite example.

      49 U.S.C. § 31443 (b) - Reporters Committee for Freedom of the Press v. U.S. DOJ, 816 F.2d 730, 734 (D.C. Cir.) modified on other grounds, 831 F.2d 1124 (D.C. Cir. 1987), rev'd on other grounds, 489 U.S. 749 (1989)

1. Total of the numbers in Lines 1 and 2, minus the number in line 3, should equal the number in Line 4.

   1. Number of requests pending as of end of preceding fiscal year: 274

   2. Number of requests received during current fiscal year: 1,320

   3. Number of requests processed during current fiscal year: 1,279

   4. Number of requests pending as of end of current fiscal year: 315

2. Disposition of initial requests.

   1. Number of total grants: 644

   2. Number of partial grants: 368

   3. Number of denials: 267

      1. number of times each FOIA exemption used (counting each exemption once per request)

         (1) Exemption 1 (2) Exemption 2 (3) Exemption 3 (4) Exemption 4 (5) Exemption 5 (6) Exemption 6 (7) Exemption 7(A) (8) Exemption 7(B) (9) Exemption 7(C) (10) Exemption 7(D) (11) Exemption 7(E) (12) Exemption 7(F) (13) Exemption 8 (14) Exemption 9

         0 0 86 35 4 13 14 0 230 72 2 0 0 0

      2. Other reasons for nondisclosure (total) 211

         (1) no records 60
         (2) referrals 3
         (3) request withdrawn 66
         (4) fee-related reason 2
         (5) records not reasonably described 5
         (6) not a proper FOIA request for some other reason 2
         (7) not an agency record 23
         (8) duplicate request 40
         (9) other (specify) 10

1. Number of appeals.

   1. Number of appeals received during fiscal year 16

   2. Number of appeals processed during fiscal year 20

2. Disposition

   1. Number completely upheld 12

   2. Number partially reversed 2

   3. Number completely reversed 0

      1. number of times each FOIA exemption used (counting each exemption once per appeal)

         (1) (2) (3) (4) (5) (6)		Exemption 1 Exemption 2 Exemption 3 Exemption 4 Exemption 5 Exemption 6				0 0 4 2 2 2
         (7) (8) (9) (10) (11) (12)		Exemption 7(A) Exemption 7(B) Exemption 7(C) Exemption 7(D Exemption 7(E) Exemption 7(F)		0 0 4 2 0 0
         (13) (14)		Exemption 8 Exemption 9				0 0

      2. Other reasons for nondisclosure (total) 9

         (1) no records 3
         (2) referrals 0
         (3) request withdrawn 5
         (4) fee-related reason 0
         (5) records not reasonably described 0
         (6) not a proper FOIA request for some other reason 0
         (7) not an agency record 0
         (8) duplicate request 1
         (9) other (specify) 0

1. Median processing time for requests processed during the year.

   1. Simple requests (if multiple tracks used). N/A - formal multiple tracks are not used.

      1. number of requests processed

      2. median number of days to process

   2. Complex requests (specify for any and all tracks used).

      1. number of requests processed: 1,320

      2. median number of days to process: HQ: 71; field: 12

   3. Requests accorded expedited processing.

      1. number of requests processed: 4

      2. median number of days to process: 39

2. Status of pending requests.

   1. Number of requests pending as of end of current fiscal year: 315

   2. Median number of days that such request were pending as of that date: 35

	FY99	FY98	%Change
A.	Comparison of numbers of requests received:	1,320	1,086
			+21.5%

	FY99	FY98	% Change
B.	Comparison of numbers of requests processed:	1,279	956 +33.7%

C.	Comparison of median numbers of days requests were pending at the end of fiscal year	FY99	FY98
		35	49

D. Other statistics significant to agency None

1. Staffing levels.

   1. Number of full-time FOIA personnel: 9

   2. Number of personnel with part-time or occasional FOIA duties (in total work-years): 2.5 work-years

   3. Total number of personnel (in work-years): 11.5 work-years

2. Total costs (including staff and all resources)

   1. FOIA processing (including appeals): $734,946

   2. Litigation-related activities (estimated): $12,272

   3. Total costs: $747,218

   4. Comparison with previous year(s) (including percentage of change)(optional)
      

      1999	% Change
      $747,218	17.2% more than 1998 ($637,397)

1. Total amount of fees collected by agency for processing requests: $17,722.77

2. Percentage of total costs: 2.37%