NOAA Freedom of Information Act

CY 1996 Annual Report

1. Total number of initial determinations not to comply with a request for records made under subsection 552(a):
NOAA denials or partial denials: 92
 
2. (a)  Authority relied upon for each such determination:
Exemptions in 552 (b) 
b(2) 
b(3) 
b(4) 
b(5) 
b(6) 
b(7) 
b(7)(a) 
b(7)(b) 
b(7)(c) 
b(7)(d)
Number of Times Invoked 
2 
1 
47  
12  
23  
 
 
 
 
1
(b)  Statute(s) invoked pursuant to Exemption No. 3: 
Statutory Citation 
16 U.S.C. Section 1853(d)
Number of times Invoked 
1
(c)  Other Authority: 
Reason 
N/A
Number of Times Invoked 
None
 
3. List the name and title or position of each person who is responsible for the initial denial of records requested and number of instances of participation of each:
Name Title
Number of Instances
Kelley C. Sandy Director, Western Administrative Support Center
17
Martha Lumpkin Director, Central Administrative Support Center
2
Danny Sakata Director, Mountain Administrative Support Center
1
Richard E. de la Menardiere Director, Acquisition, Grants, and Facility Services Office
43
William O. Mehuron Director, Systems Acquisition Office
5
Rolland A. Schmitten Assistant Administrator for Fisheries
21
Jay Johnson Deputy General Counsel
1
Maria C. Krug NOAA FOIA Officer
2
 
4. Total number of intra-agency appeals from adverse initial decisions made pursuant to Subsection (a)(6).
(a) Number of appeals in which, upon review, the request for information was granted in full. None
(b) Number of appeals in which, upon review, the request for information was denied in full. None
(c) Number of appeals in which, upon review, the request for information was denied in part. None
 
5. Specify the authority relied on for total or partial denials on appeal.
(a)
Exemptions in 552(b) 
None
Number of Times Invoked 
0
 
(b) Statutes invoked pursuant to Exemption No. 3:
Statutory Citation 
None
Number of Times Invoked 
0
 
(c) Other Authority
Reason 
N/A
Number of Times Invoked 
0
 
 
6. List 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.
Name 
None
Title 
N/A
Number of Instances of Participation 
N/A
 
7. Provide a copy of each court opinion or order giving rise to a proceeding under Subsection (a)(4)(F); a copy of the Merit Systems protection Board findings and recommendations of 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 in 1996 pursuant to or in implementation of the Freedom of Information Act (5 U.S.C. 552).
Information for this item is provided by the Department Office of General Counsel.
9. Provide the total dollar amount of fees collected for making records available.
$11,480.00
10. Provide the following information:
A.  A list of all new categories or segregable portions of records now released upon request.
NOAA has not listed new categories or segregable portions of records during CY 1996.
B. Total noncollectible costs incurred in administering the Act.    N/A
Estimated Executive and Administrative Officials' involvement, including Staff Attorney involvement:N/A
C. Fee waivers activity specified below:
The Justice Department issued interim fee waiver policy guidance for administering the Act's provision for waiver or reduction of search and duplication fees in January 1988. NOAA's fee waiver activity is as follows: 
- The number of requests for fee waivers: 0
- The number of fee waiver requests granted: 0
- The number of fee waiver requests denied: 0
- The number of fee waiver requests in which fees were reduced: 0
- The number of fee waiver denial appealed:  0
- The number of appeals upheld: 0
- The number of appeals reversed: 0
- The number of appeals reversed in part: 0
 
D. Compliance with time limitations:
(I) Number of instances in which requests were answered within the 10-day time limitation: 444
(II) Number of instances in which it was necessary to seek a 10-day extension of time, broken down as follows: 108
(a)  Additional time to search for records from field facilities: 108
(b)  Additional time to examine voluminous amounts of records: 112
(c)  Additional time for interagency consultation: 69
 
III. Number of instances where court appeals were taken on the basis of no response within the time limits:  0
IV. Number of instances where the court allowed additional time: 

Provide a copy of each court opinion or order granting additional time:

0 

N/A

V. Number of instances in which the requester voluntarily agreed to a time extension:  289
 
E. Internal Memoranda:
Furnish a copy of all unpublished internal memoranda or instructions for bureau personnel to follow in administering the Act. Indicate whether the document is publicly available, and if not, the basis for withholding.  N/A
 
F. Total Requests:
Total number of requests logged in by your facility.  Include requests which were logged and processed simultaneously under both the FOIA and Privacy Act. 733
 
G. Litigation: 

Describe any litigation relating to FOIA in which the Office of General Counsel was involved during CY 1996. 

Information for this item is provided by the Department Office of General Counsel.

H. Provide additional comments as appropriate.
Total number of requests NOAA received from the DOC Freedom of Information Office:  69
 
 


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