U.S. Department of Transportation (DOT)
Freedom of Information Act (FOIA)
2008 Annual Report

Download entire report: (154 KB)

I. Basic Information Regarding Report

A. Person to be contacted with questions about the report

Kathy Ray, Departmental FOIA Officer
U.S. Department of Transportation
Office of General Counsel (Suite W94-122)
1200 New Jersey Avenue, SE
Washington, DC 20590
(202) 366-5546

B. Electronic address for report on the World Wide Web

www.dot.gov/foia

C. Person to be contacted for a copy of the report in paper form

Darlene Wallace, FOIA Program Assistant
U.S. Department of Transportation
Office of General Counsel (Suite W94-122)
1200 New Jersey Avenue, SE
Washington, DC 20590
(202) 366-4245

II. Making a FOIA Request

1. Names, addresses, and telephone numbers of individual agency components that receive FOIA requests

Kathy Ray, Departmental FOIA Officer Office of the Secretary (Suite W94-122) 1200 New Jersey Avenue, SE Washington, DC 20590 Tel (202) 366-5546 Fax (202) 366-8536 ost.foia@dot.gov	Regina L. Raiford, FOIA/Privacy Act Officer Office of Inspector General (J-3) 1200 New Jersey Avenue, SE, Room W73-407 Washington, DC 20590 Tel (202) 366-8751 Fax (202) 366-1975 See www.oig.dot.gov/foia
James Kabel, FOIA Officer (HAIM-12) Federal Highway Administration 1200 New Jersey Avenue, SE, Room E66-304 Washington, DC 20590 Tel (202) 366-0534 Fax (202) 366-1938 foia.officer@fhwa.dot.gov	Tiffanie C. Coleman, FOIA Officer Federal Motor Carrier Safety Administration Management Information & Directives Division 1200 New Jersey Avenue, SE (W66-458) Washington, DC 20590 Tel (202) 366-2960 Fax (202) 366-3518 foia@fmcsa.dot.gov
Denise Kollehlon, FOIA Officer (RCC-20) Federal Railroad Administration 1200 New Jersey Avenue, SE, Room W33-437 Washington, DC 20590 Tel (202) 493-6039 Fax (202) 493-6068 denise.kollehlon@fra.dot.gov	Office of Management Planning Federal Transit Administration TAD-10, Room E42-315 1200 New Jersey Avenue, SE Washington, DC 20590 Tel (202) 366-4022 Fax (202) 366-7164 foia@fta.dot.gov
Executive Secretariat National Highway Traffic Safety Administration 1200 New Jersey Avenue, SE, Room W42-308 Washington, DC 20590 Tel (202) 366-2496 Fax (202) 493-2929 webmaster@nhtsa.dot.gov	Jeannette S. Riddick (MAR-225) Freedom of Information Act Office Maritime Administration 1200 New Jersey Avenue, SE, Room W24-233 Washington, DC 20590 Tel (202) 366-2666 Fax (202) 366-7485 foia@marad.dot.gov
Marilyn Burke, FOIA Officer (PHH-2) Pipeline & Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, Room E21-318 Washington, DC 20590 Tel (202) 366-6119 Fax (202) 366-5713 marilyn.burke@dot.gov	Salvatore Pisani Senior FOIA Official Saint Lawrence Seaway Development Corporation PO Box 520 Massena, NY 13662 Tel (315) 764-3209 Fax (315) 764-3235 foia.request@sls.dot.gov
Robert A. Monniere, Deputy Chief Counsel Research and Innovative Technology Administration 1200 New Jersey Avenue, SE, Room E35-330 Washington, DC 20590 Tel (202) 366-5498 Fax (202) 366-1134 robert.monniere@dot.gov	Andrea Griswold, Volpe FOIA Officer Research and Innovative Technology Administration 55 Broadway, Room 1274, RTV-1B Cambridge, MA 02142 Tel (617) 494-2718 Fax (617) 494-3005 andrea.griswold@dot.gov
Joann Noonan Headquarters (ARC-40) Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Tel (202) 267-9165 Fax (202) 493-5032 7-AWA-ARC-FOIA@faa.gov	Diana Story, TSI FOIA Officer Research and Innovative Technology Administration PO Box 25082 Oklahoma City, OK 73125 Tel (405) 954-6441 Fax (405) 954-3521 diana.story@tsi.jccbi.gov
Federal Aviation Administration (FAA) Field Offices:
Tracey Hegna, FOIA Coordinator FAA Alaskan Region, AAL-30 222 West 7th Avenue, #14 Anchorage, AL 99513 Tel (907) 271-4609 Fax (907) 271-5961 9-AAL-FOIA@faa.gov	Veronica Bailey, FOIA Coordinator FAA Central Region, ACE-30 901 Locust Street Kansas City, MO 64106 Tel (816) 329-2425 Fax (816) 329-3046 9-ACE-FOIA@faa.gov
Trina Hankerson FAA Eastern Region, AEA-30 1 Aviation Plaza Jamaica, NY 11434 Tel (718) 553-3361 Fax (718) 995-5663 9-AEA-FOIA@faa.gov	Mary Kay Howlett, FOIA Coordinator FAA Great Lakes Region, AGL-30 2300 E. Devon Avenue Des Plaines, IL 60018 Tel (847) 294-7324 Fax (847) 294-8490 9-AGL-FOIA@faa.gov
Carol Goodsell, FOIA Coordinator FAA New England Region, ANE-30 12 New England Executive Park Burlington, MA 01803 Tel (781) 238-7393 Fax (781) 238-7380 9-ANE-ARC-FOIA@faa.gov	Cynthia Emery, FOIA Coordinator FAA Northwest Mountain Region, ANM-030 1601 Lind Avenue SW Renton, WA 98055 Tel (425) 227-2005 Fax (425) 227-1005 9-ANM-FOIA@faa.gov
Linda Chatman, FOIA Coordinator FAA Southern Region, ASO-30 PO Box 20636 Atlanta, GA 30320 Tel (404) 305-5904 Fax (404) 305-5854 9-ASO-FOIA@faa.gov	Sandra Freeman, FOIA Coordinator FAA Southwest Region, ASW-30 2601 Meacham Boulevard Fort Worth, TX 76193 Tel (817) 222-5440 Fax (817) 222-5952 9-ASW-FOIA@faa.gov
Dolores Corpus, FOIA Coordinator FAA Western-Pacific Region, AWP-31 PO Box 92007 Los Angeles, CA 90009 Tel (310) 725-3801 Fax (310) 725-6813 9-AWP-FOIA@faa.gov	Connie Toby, FOIA Coordinator FAA Civil Aerospace Medical Institute, AAM-3 PO Box 25082 Oklahoma City, OK 73125 Tel (405) 954-1002 Fax (405) 954-1010 9-AMC-AAM003-FOIA@faa.gov
John Wilkes, FOIA Coordinator FAATechnical Center, ACH-1 Atlantic City International Airport Atlantic City, NJ 08405 Tel (609) 485-5964 Fax (609) 485-9872 john.wilkes@faa.gov	Douglas Burdette, FOIA Coordinator FAA Regulatory Support Division, AFS-600 PO Box 25082 Oklahoma City, OK 73125 Tel (405) 954-6501 Fax (405) 954-5759 9-AMC-AFS620-FOIA@faa.gov
Carrie LaFollette, FOIA Coordinator FAA Civil Aviation Registry, AFS-700 PO Box 25082 Oklahoma City, OK 73125 Tel (405) 954-4331 Fax (405) 954-5759 9-AMC-AFS700-FOIA@faa.gov	Brenda Bandy, FOIA Coordinator FAA Aeronautical Center, AMC-1 PO Box 25082 Oklahoma City, OK 73125 Tel (405) 954-5096 Fax (405) 954-9964 9-AMC-FOIA-Request@faa.gov
Gary Bonds, Sr. (ES-JA1) FAA Air Traffic Organization – Eastern Service Area PO Box 20636 Atlanta, GA 30320 Tel (404) 305-5621 Fax (404) 305-5599 9-ATOE-ESA-FOIA@faa.gov	Lettie Perez (CS-JA1) FAA Air Traffic Organization – Central Service Area 2601 Meacham Blvd. Fort Worth, TX 76193 Tel (817) 222-5564 Fax (817) 222-4299 9-ATO-CSA-AdminSvcs-FOIA@faa.gov
Ms. Geneva Renz (WS-JA1) FAA Air Traffic Organization – Western Service Area 1601 Lind Avenue, SW Renton, WA 98057 Tel (425) 203-4145 Fax (425) 203-4134 9-ATO-WSA-FOIA@faa.gov	*Note:* Up-to-date information can also be found on each component’s FOIA page via www.dot.gov/foia.

2. 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

Some requested records, or portions of records, were withheld pursuant to the FOIA’s exemptions. The most frequently used exemption in DOT was Exemption 6, which protects against a clearly unwarranted invasion of personal privacy. Other reasons for not granting requests included: (a) DOT did not have the records sought; (b) the requester did not seek records; rather, he or she was seeking answers to questions; or (c) the information from the records sought was publicly available. For a detailed breakdown, see Section V, B of this report, Disposition of Initial Requests.

III. Acronyms, Definitions, and Exemptions

1. Agency-specific acronyms or terms used in this Report

DOT	Department of Transportation
OST	Office of the Secretary of Transportation
OIG	Office of Inspector General
FAA	Federal Aviation Administration
FHWA	Federal Highway Administration
FMCSA	Federal Motor Carrier Safety Administration
FRA	Federal Railroad Administration
FTA	Federal Transit Administration
MARAD	Maritime Administration
NHTSA	National Highway Traffic Safety Administration
PHMSA	Pipeline and Hazardous Materials Safety Administration
RITA	Research and Innovative Technology Administration
SLSDC	Saint Lawrence Seaway Development Corporation
Remanded Appeal	An appeal request, particularly a “no records” appeal, sent back to the original action office or forwarded to another office when the requester provides additional information either clarifying the documents sought or providing additional search parameters. The action office considers the request as if it were a new request, responding directly to the requester. Remanded appeal responses may again be appealed; appeal rights are provided if the remanded appeal response is a denial, partial denial or “no records” determination.

2. 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. Descriptions of the nine FOIA exemptions

Exemption 1	classified national defense and foreign relations information
Exemption 2	internal agency rules and practices
Exemption 3	information that is prohibited from disclosure by another federal law
Exemption 4	trade secrets and other confidential business information
Exemption 5	inter-agency or intra-agency communications that are protected by legal privileges
Exemption 6	information involving matters of personal privacy
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
Exemption 8	information relating to the supervision of financial institutions
Exemption 9	geological information on wells

IV. Exemption 3 Statutes

A. Exemption 3 statutes relied upon to withhold information

Statute	Type of Information Withheld	Case Citation	Number of Times Relied upon per Component	Total Number of Times Relied upon by Agency
5 U.S.C. App. 4, § 107	Confidential financial disclosure reports.	N/A	OIG - 1	1
23 U.S.C. § 403 note	The identity of individuals in highway traffic accident or research reports.	N/A	NHTSA - 1	1
41 U.S.C. § 253b(m)	Contract proposals not incorporated in contracts.	Hornbostel v. DOI, 305 F.Supp.2d 21 (D.D.C. 2003)	FHWA – 7 FMCSA - 6 OST – 2	15
49 U.S.C. § 30305(c)(1)	Certain information received pursuant to the National Driver Register Act of 1982.	N/A	NHTSA - 1	1
49 U.S.C. § 31143(b)	IDs of motor carrier safety complainants.	N/A	FMCSA - 110	110
49 U.S.C. § 40115	Information harmful to U.S. international aviation negotiation or to any U.S. international air carrier.	N/A	FAA - 3	3
49 U.S.C. § 40119	Information the release of which would be an unwarranted invasion of personal privacy, would reveal a trade secret or privileged or confidential information, or would be detrimental to the safety of passengers in transportation.	N/A	FAA – 3 PHMSA - 1	4
49 U.S.C. § 70114	Restricted commercial space launch activities information.	N/A	FAA - 1	1
49 U.S.C. 40110	Contract offers to the FAA.		FAA - 7	7
49 U.S.C. § 40123(a)	Aviation Safety Action Program voluntarily submitted information.	N/A	FAA - 6	6

V. FOIA Requests

Charts in Section V include all “purported” FOIA requests, both perfected and non-perfected. Non-perfected requests are further reflected in various columns in Chart V, B (1) below.

A. Received, Processed and Pending FOIA Requests

	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
FAA	* 1,270	6,975	7,202	1,043
FHWA	** 51	469	472	48
FMCSA	*** 254	998	1,082	170
FRA	103	418	392	129
FTA	11	212	196	27
MARAD	159	144	133	170
NHTSA	13	199	190	22
OIG	84	82	94	72
OST	197	276	408	65
PHMSA	94	120	168	46
RITA	2	46	45	3
SLSDC	1	19	20	0
AGENCY OVERALL	****** 2,239**	9,958	10,402	1,795

* This number is lower than reported in last year’s annual report as pending at the end of FY 2007. The adjustment primarily reflects requests where final action was taken by all appropriate FAA offices in FY 2007, but not all database closures were entered into the database until FY 2008. (Note: FOIA requests assigned to various FAA offices are not closed until the last FAA office responds to the requester.)

** This number is higher than reported in last year’s annual report as pending at the end of FY 2007. This increase is due to requests that were closed out in FY 2007 and re-opened in FY 2008.

*** This number is higher than reported in last year’s annual report as pending at the end of FY 2007. This difference is due to a calculation error that was not discovered until FY 2008.

**** This number is 45 higher than reported last year due to the reasons stated above.

B. (1) Disposition of FOIA Requests – All Processed Requests

	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									TOTAL
	Number of Full Grants	Number of Partial Grants/ Partial Denials	Number of Full Denials Based on Exemptions	No 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	TOTAL
FAA	2,717	1,487	73	2,226	19	490	126	17	36	11	0	0	7,202
FHWA	241	91	3	14	0	10	9	0	0	56	1	47	472
FMCSA	332	662	4	3	0	54	1	1	20	0	5	0	1,082
FRA	213	70	3	63	5	34	1	0	0	0	3	0	392
FTA	69	68	2	42	0	6	0	0	2	5	0	2	196
MARAD	45	8	4	46	0	9	0	0	0	1	0	20	133
NHTSA	106	68	0	10	0	0	3	0	0	0	0	3	190
OIG	3	40	0	15	1	16	0	0	1	18	0	0	94
OST	85	83	5	90	9	38	0	0	0	8	0	90	408
PHMSA	93	22	4	0	0	27	0	0	0	10	10	2	168
RITA	25	9	2	6	3	0	0	0	0	0	0	0	45
SLSDC	9	5	0	6	0	0	0	0	0	0	0	0	20
AGENCY OVERALL	3,938	2,613	100	2,521	37	684	140	18	59	109	19	164	10,402

B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart

1. Descriptions of the “other” reasons for full denials and the number of times each reason was relied upon

Component	Description of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied upon	TOTAL
FAA	N/A	0
FHWA	Transferred to another DOT component - 47	47
FMCSA	N/A	0
FRA	N/A	0
FTA	Transferred to another DOT component – 2	2
MARAD	Transferred to another DOT component – 20	20
NHTSA	Transferred to another DOT component – 3	3
OIG	N/A	0
OST	Transferred to another DOT component – 90	90
PHMSA	Transferred to another DOT component – 2	2
RITA	N/A	0
SLSDC	N/A	0
Agency Overall		164

B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied

	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)
FAA	0	50	20	198	505	765	68	2	7	3	8	0
FHWA	0	1	7	28	29	12	0	0	2	0	0	0
FMCSA	0	72	116	2	1	611	15	0	335	110	3	0
FRA	0	0	0	2	2	60	6	0	61	0	0	0
FTA	0	3	0	8	22	36	2	0	0	0	0	0
MARAD	1	0	0	2	1	5	3	0	1	0	0	0
NHTSA	0	0	2	16	4	15	0	0	0	0	0	0
OIG	0	15	1	6	26	32	4	0	27	1	0	1
OST	1	0	2	41	19	41	1	0	9	0	0	0
PHMSA	0	0	1	6	3	4	0	0	0	0	0	0
RITA	0	0	0	10	1	0	0	0	0	0	0	0
SLSDC	0	0	0	0	1	2	0	0	0	0	0	0
AGENCY OVERALL	2	141	149	319	614	1,583	99	2	442	114	11	1

VI. Administrative Appeals of Initial Determinations of FOIA Requests

A. Received, Processed and Pending Administrative Appeals

	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
FAA	* 67	89	80	76
FHWA	* 9	10	8	11
FMCSA	** 4	11	9	6
FRA	1	2	2	1
FTA	0	5	3	2
MARAD	0	5	5	0
NHTSA	1	7	7	1
OIG	0	8	7	1
OST	2	4	6	0
PHMSA	** 3	1	2	2
RITA	* 0	0	0	0
SLSDC	0	1	1	0
Agency Overall	******* 87	143	130	100

* This number is slightly lower than reported in last year’s annual report as pending at the end of FY 2007. The adjustment reflects appeals that were closed out in FY 2007, but not captured in the database until FY 2008.

** This number is slightly higher than reported in last year’s annual report as pending at the end of FY 2007. This difference is due to an error on the previous year’s report that was not discovered until FY 2008.

*** This number is 4 lower than reported last year due to the reasons stated above.

B. Disposition of Administrative Appeals – All Processed Appeals

	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
FAA	22	5	2	51	80
FHWA	1	3	0	4	8
FMCSA	3	2	3	1	9
FRA	1	1	0	0	2
FTA	1	0	0	2	3
MARAD	4	1	0	0	5
NHTSA	5	2	0	0	7
OIG	3	4	0	0	7
OST	3	1	1	1	6
PHMSA	0	0	1	1	2
RITA	N/A	N/A	N/A	N/A	0
SLSDC	0	1	0	0	1
Agency Overall	43	20	7	60	130

C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied

Note: If an administrative appeal results in the denial of information based on exemptionsand also based on a reason or reasons presented in Charts C (2) and C (3) below, that appeal is reported in all applicable charts.

	Ex.2	Ex. 3	Ex. 4	Ex. 5	Ex. 6	Ex. 7(A)	Ex. 7(C)	Ex. 7(D)	Ex. 7(E)
FAA	0	4	2	10	5	0	2	1	2
FHWA	0	0	0	2	1	0	0	0	0
FMCSA	0	1	0	0	5	0	2	1	0
FRA	0	0	0	0	0	1	0	0	0
FTA	0	0	0	0	0	0	0	0	0
MARAD	0	0	4	0	1	0	0	0	0
NHTSA	0	0	0	1	1	0	0	0	0
OIG	1	0	1	4	3	0	1	0	0
OST	0	1	1	0	1	0	1	1	0
PHMSA	0	0	0	0	0	0	0	0	0
RITA	0	0	0	0	0	0	0	0	0
SLSDC	0	0	1	1	0	0	0	0	0
Agency Overall	1	6	9	18	17	1	6	3	2

C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions

1. Number of administrative appeals resulting in denial for reasons other than exemptions, as described in the eleven columns below

	No Records	Request Withdrawn	Fee-Related Reason	Improper Request for Other Reasons	Not Agency Record	Other *Explain in chart below
FAA	9	16	0	1	0	39
FHWA	1	3	0	0	0	0
FMCSA	0	1	0	0	0	0
FRA	2	0	0	0	0	0
FTA	1	1	0	0	0	1
MARAD	0	0	0	0	0	0
NHTSA	0	0	2	0	0	0
OIG	0	0	0	0	1	0
OST	3	1	0	0	0	0
PHMSA	0	0	0	0	0	2
RITA	0	0	0	0	0	0
SLSDC	0	0	0	0	0	0
Agency Overall	16	22	2	1	1	42

C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart

1. Descriptions of the “other” reasons and the number of times each reason was relied upon. (The numbers in the “Total” column must match the numbers in the “Other” column from Section VI, C (2).)

Description of “Other” Reasons for Denial on Appeal from Chart C(2) and Number of Times Those Reasons Were Relied Upon		TOTAL
Not a FOIA Appeal	FAA – 1	1
Remanded to Region/Center/Org	FAA – 38	38
Initial request was for a final report that had not been finalized. At time of appeal, Final Report had become available and was provided to the requester.	FTA - 1	1
Moot – disclosure by initial office	PHMSA - 2	2

C. (4) Response Time for Administrative Appeals

1. Median, average, and range in number of days to respond to administrative appeals

	Median Number of Days	Average Number of Days	Lowest Number of Days	Highest Number of Days
FAA	39	409	<1	1,645
FHWA	237	350	19	751
FMCSA	141	208	26	690
FRA	94.5	94.5	87	102
FTA	N/A	38	26	49
MARAD	52	124	2	275
NHTSA	56	53	7	108
OIG	115	151	4	301
OST	75	259	15	1,062
PHMSA	304	304	300	307
RITA	N/A	N/A	N/A	N/A
SLSDC	44	44	44	44
Agency Overall	62	323	<1	1,645

C. (5) Ten Oldest Pending Administrative Appeals

1. Dates of receipt of the ten oldest pending administrative appeals, and the number of days pending

	10th Oldest Appeal	9th	8th	7th	6th	5th	4th	3rd	2nd	Oldest Appeal
FAA	10/5/06 529 days	11/29/05 743 days	11/23/05 746 days	6/8/05 862 days	6/8/05 862 days	5/20/05 874 days	10/28/04 1,014 days	4/22/04 1,145 days	2/5/04 1,199 days	5/2/03 1,389 days
FHWA	9/18/08 8 days	9/15/08 11 days	8/14/08 32 days	7/18/08 51 days	4/23/08 111 days	4/2/08 126 days	7/19/07 302 days	4/20/07 364 days	3/8/07 395 days	2/1/07 419 days
FMCSA	N/A	N/A	N/A	N/A	9/3/08 19 days	8/19/08 29 days	8/8/08 36 days	8/8/08 36 days	4/25/08 109 days	4/4/08 124 days
FRA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	9/22/08 7 days
FTA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	4/1/08 164 days	11/16/07 255 days
MARAD	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
NHTSA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	6/20/08 61 days
OIG	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	10/24/07 342 days
OST	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
PHMSA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	6/25/08 67 days	1/18/05 922 days
RITA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
SLSDC	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Agency Overall	11/29/05 743 days	11/23/05 746 days	6/8/05 862 days	6/8/05 862 days	5/20/05 874 days	1/18/05 922 days	10/28/04 1,014 days	4/22/04 1,145 days	2/5/04 1,199 days	5/2/03 1,389 days

VII. FOIA Requests: Response Time for Processed and Pending Requests

Charts in Section VII include response times for only perfected requests. Counting days begins from the date of receipt of the perfected request.

A. Processed Requests – Response Time for All Processed Perfected Requests

1. Median, average and range in number of days to process all perfected requests

	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
FAA	6	27	<1	1,393	28	71	<1	1,060	19	111	<1	1,646
FHWA	13	28	<1	422	80	90	5	252	72	72	2	142
FMCSA	39	47	2	722	49	92	14	637	50	150	4	522
FRA	N/A	N/A	N/A	N/A	41	113	1	557	N/A	N/A	N/A	N/A
FTA	17	24	<1	282	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
MARAD	21	160	1	805	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
NHTSA	22	15	2	30	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
OIG	261	247	<1	723	479	443	100	723	N/A	N/A	N/A	N/A
OST	8	46	<1	644	178	287	<1	1,531	2	2	2	2
PHMSA	78	205	<1	1,513	89	88	15	158	153	168	10	403
RITA	12	20	<1	79	160	160	160	160	N/A	N/A	N/A	N/A
SLSDC	14	25	7	155	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
AGENCY OVERALL	16	37	<1	1,513	36	101	<1	1,531	31	126	<1	1,646

B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted

1. Median, average and range in number of days to process all perfected requests in which information was granted. (“Granted” refers to full grants and partial grants.)

	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
FAA	9	24	<1	1,075	28	73	<1	1,060	13	21	<1	157
FHWA	15	27	<1	346	91	87	5	221	142	142	142	142
FMCSA	39	45	9	417	47	71	14	390	34	57	4	229
FRA	N/A	N/A	N/A	N/A	43	80	1	460	N/A	N/A	N/A	N/A
FTA	17	43	1	120	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
MARAD	16	28	1	224	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
NHTSA	23	19	6	45	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
OIG	479	443	100	723	90	90	90	90	N/A	N/A	N/A	N/A
OST	67	156	6	462	141	231	<1	1,531	2	2	2	2
PHMSA	46	85	5	871	15	15	15	15	82	82	10	153
RITA	12	20	<1	79	160	160	160	160	N/A	N/A	N/A	N/A
SLSDC	14	28	7	155	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
AGENCY OVERALL	21	33	<1	1,075	56	82	<1	1,531	82	62	<1	229

C. Processed Requests – Response Time in Day Increments

Simple Requests

	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
FAA	4,347	450	97	45	20	24	14	6	11	6	30	16	94	5,160
FHWA	309	73	27	6	10	8	1	3	1	1	6	4	1	450
FMCSA	43	295	196	46	13	6	2	3	4	0	8	0	2	618
FRA	0	0	0	0	0	0	0	0	0	0	0	0	0	0
FTA	120	47	14	5	4	4	1	0	0	0	1	0	0	196
MARAD	64	15	6	4	2	0	6	0	1	1	6	3	25	133
NHTSA	149	40	1	0	0	0	0	0	0	0	0	0	0	190
OIG	24	3	2	0	2	0	0	1	0	2	8	9	19	70
OST	91	12	4	2	3	1	0	2	2	0	2	2	4	125
PHMSA	42	15	3	28	8	3	3	0	1	3	12	14	25	157
RITA	27	7	6	4	0	0	0	0	0	0	0	0	0	44
SLSDC	17	0	1	0	0	1	0	1	0	0	0	0	0	20
AGENCY OVERALL	5,233	957	357	140	62	47	27	16	20	13	73	48	170	7,163

Complex Requests

	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
FAA	699	633	196	96	56	37	30	34	18	16	81	32	75	2,003
FHWA	7	1	1	1	1	2	2	0	1	1	3	0	0	20
FMCSA	9	126	142	43	23	8	6	8	12	1	23	13	18	432
FRA	113	78	70	35	9	10	9	10	8	7	17	9	17	392
FTA	0	0	0	0	0	0	0	0	0	0	0	0	0	0
MARAD	0	0	0	0	0	0	0	0	0	0	0	0	0	0
NHTSA	0	0	0	0	0	0	0	0	0	0	0	0	0	0
OIG	0	0	2	1	1	0	0	1	0	1	4	6	8	24
OST	36	25	16	12	10	10	11	13	8	7	26	22	85	281
PHMSA	1	1	1	0	0	0	1	2	0	0	0	0	0	6
RITA	0	0	0	0	0	0	0	1	0	0	0	0	0	1
SLSDC	0	0	0	0	0	0	0	0	0	0	0	0	0	0
AGENCY OVERALL	865	864	428	188	100	67	59	69	47	33	154	82	203	3,159

Requests Granted Expedited Processing

	1-20 Days	21-40 Days	41-60 Days	61-80 Days	81-100 Days	101-120 Days	121-140 Days	141-160 Days	181-200 Days	201-300 Days	401+ Days	TOTAL
FAA	21	9	1	1	1	0	1	1	0	0	4	39
FHWA	1	0	0	0	0	0	0	1	0	0	0	2
FMCSA	7	7	3	1	3	2	0	0	1	2	6	32
FRA	0	0	0	0	0	0	0	0	0	0	0	0
FTA	0	0	0	0	0	0	0	0	0	0	0	0
MARAD	0	0	0	0	0	0	0	0	0	0	0	0
NHTSA	0	0	0	0	0	0	0	0	0	0	0	0
OIG	0	0	0	0	0	0	0	0	0	0	0	0
OST	2	0	0	0	0	0	0	0	0	0	0	2
PHMSA	2	0	0	0	0	0	0	1	0	1	1	5
RITA	0	0	0	0	0	0	0	0	0	0	0	0
SLSDC	0	0	0	0	0	0	0	0	0	0	0	0
AGENCY OVERALL	33	16	4	2	4	2	1	3	1	3	11	80

D. Pending Requests – All Pending Perfected Requests

1. Number of perfected requests pending as of the end of the fiscal year, and the median and average number of days those requests had been pending. If an agency is unable to determine whether all of its pending requests are perfected, the agency must include all pending requests and include a footnote that it has done so.

	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
FAA	794	86	198	189	52	106	9	42	62
FHWA	42	44	81	5	264	220	1	577	577
FMCSA	66	20	55	102	24	52	2	32	32
FRA	0	N/A	N/A	129	34	152	0	N/A	N/A
FTA	26	22	51	0	N/A	N/A	0	N/A	N/A
MARAD	169	282	298	0	N/A	N/A	0	N/A	N/A
NHTSA	22	8	17	0	N/A	N/A	0	N/A	N/A
OIG	70	181	204	3	11	11	0	N/A	N/A
OST	7	336	284	57	172	244	1	486	486
PHMSA	45	106	292	1	226	226	0	N/A	N/A
RITA	3	56	49	0	N/A	N/A	0	N/A	N/A
SLSDC	0	N/A	N/A	0	N/A	N/A	0	N/A	N/A
AGENCY OVERALL	1,244	21	197	486	32	124	13	259	129

E. Pending Requests – Ten Oldest Pending Perfected Requests

1. Dates of receipt of the ten oldest perfected requests pending as of the end of the fiscal year, and the number of days those requests had been pending

	10th Oldest Request and Number of Days Pending	9th	8th	7th	6th	5th	4th	3rd	2nd	Oldest Request and Number of Days Pending
FAA	2/14/05 942 days	1/28/05 953 days	12/20/04 979 days	12/09/04 986 days	11/26/04 995 days	11/12/04 1,004 days	9/3/04 1,051 days	8/19/04 1,062 days	6/17/04 1,106 days	6/5/03 1,366 days
FHWA	2/27/08 151 days	1/3/08 188 days	12/7/07 205 days	11/16/07 219 days	10/29/07 232 days	9/12/07 264 days	8/28/07 274 days	8/16/07 282 days	7/10/07 309 days	6/14/06 577 days
FMCSA	12/31/07 190 days	12/13/07 201 days	12/5/07 207 days	11/26/07 214 days	11/26/07 214 days	11/19/07 218 days	10/31/07 230 days	10/19/07 238 days	10/10/07 245 days	9/27/07 253 days
FRA	4/17/07 367 days	4/6/07 374 days	4/2/07 378 days	3/20/07 387 days	3/9/07 394 days	3/5/07 379 days	2/28/07 382 days	2/22/07 386 days	1/23/07 405 days	1/16/07 409 days
FTA	N/A	N/A	9/14/08 18 days	8/28/08 22 days	8/4/08 40 days	7/14/08 55 days	5/1/08 105 days	4/21/08 113 days	3/12/08 141 days	2/4/08 167 days
MARAD	6/14/06 577 days	5/30/06 612 days	3/30/06 627 days	3/30/06 627 days	1/23/06 654 days	9/25/05 721 days	9/20/05 724 days	9/15/05 731 days	9/1/05 776 days	4/30/05 855 days
NHTSA	9/30/08 0 days	9/30/08 0 days	9/30/08 0 days	9/30/08 0 days	9/30/08 0 days	9/30/08 0 days	9/26/08 2 days	9/18/08 8 days	9/15/08 11 days	9/3/08 19 days
OIG	3/20/07 387 days	3/8/07 395 days	2/28/07 401 days	2/1/07 419 days	1/30/07 421 days	1/11/07 433 days	12/27/06 443 days	12/18/06 449 days	11/21/06 467 days	3/27/06 633 days
OST	1/17/07 430 days	1/11/07 433 days	12/14/06 451 days	11/28/06 463 days	11/7/06 476 days	10/24/06 486 days	8/15/06 534 days	6/26/06 569 days	2/15/06 660 days	2/3/06 668 days
PHMSA	2/28/08 150 days	2/1/08 168 days	11/6/07 227 days	9/19/07 259 days	9/17/07 261 days	8/3/07 291 days	5/25/07 339 days	3/31/07 392 days	10/1/06 502 days	1/18/05 931 days
RITA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	9/13/08 17 days	9/3/08 27 days	8/27/08 34 days
SLSDC	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Agency Overall	2/14/05 942 days	1/28/05 953 days	12/20/04 979 days	12/09/04 986 days	11/26/04 995 days	11/12/04 1,004 days	9/3/04 1,051 days	8/19/04 1,062 days	6/17/04 1,106 days	6/5/03 1,366 days

VIII. Requests for Expedited Processing and Requests for Fee Waiver

Provides information for adjudicated requests for expedited processing or adjudicated requests for a fee waiver, i.e., requests for expedited processing or requests for a fee waiver which were granted or denied. It does not include requests for expedited processing or requests for a fee waiver which became moot for various reasons and, as a result, were neither granted nor denied.

A. Requests for Expedited Processing

1. Includes requests for expedited processing made both at the initial request level and, when applicable, at the administrative appeal level.

2. Calculating days: Count only the days spent adjudicating the request for expedited processing. Count calendar days, not working days.

3. Note: The response time portion of this new reporting requirement captures the time taken to decide whether to grant or deny a request for expedited processing. This does not cover the FOIA requests which have already been granted expedited status, placed in the “expedited processing” track, and reported elsewhere in this Report. Rather, this new requirement reflects the time taken to make a determination (i.e., adjudicate) whether a request for expedited processing should be granted or denied. The FOIA requires agencies to determine within ten calendar days whether a request satisfies the standards for expedited processing.

	Number Granted	Number Denied	Median Number of Days to Adjudicate	Average Number of Days to Adjudicate	Number Adjudicated Within Ten Calendar Days
FAA	29	61	<1	2	86
FHWA	2	2	2	2	1
FMCSA	20	4	1	1	2
FRA	0	0	N/A	N/A	N/A
FTA	0	0	N/A	N/A	N/A
MARAD	0	1	270	270	0
NHTSA	0	0	N/A	N/A	N/A
OIG	0	0	N/A	N/A	N/A
OST	0	1	2	2	1
PHMSA	3	4	1	1	2
RITA	0	0	N/A	N/A	N/A
SLSDC	0	0	N/A	N/A	N/A
AGENCY OVERALL	54	73	<1	3.86	92

B. Requests for Fee Waiver

1. Includes requests for a waiver of fees made both at the initial request level and, when applicable, at the administrative appeal level.

2. Calculating days: Count only the days spent adjudicating the fee waiver request. Count working days. Do not include additional days that may precede consideration of the fee waiver request, e.g., days the request waits in a processing queue, processing time which precedes commencement of adjudication of fee waiver request, etc.

	Number Granted	Number Denied	Median Number of Days to Adjudicate	Average Number of Days to Adjudicate
FAA	40	10	<1	3
FHWA	0	0	N/A	N/A
FMCSA	0	0	N/A	N/A
FRA	0	0	N/A	N/A
FTA	0	0	N/A	N/A
MARAD	2	1	<1	90
NHTSA	0	4	1	1
OIG	0	0	N/A	N/A
OST	0	0	N/A	N/A
PHMSA	0	0	N/A	N/A
RITA	6	0	<1	<1
SLSDC	1	0	46	46
AGENCY OVERALL	49	15	<1	7

IX. FOIA Personnel and Costs

Number of “Full-Time FOIA Staff” by adding the number of “Full-Time FOIA Employees” and the number of “Equivalent Full-Time FOIA Employees.” Also costs expended by the agency both for processing and litigating FOIA requests.

	PERSONNEL			Costs
	Number of “Full-Time FOIA Employees”	Number of “Equivalent Full-Time FOIA Employees”	Total Number of “Full-Time FOIA Staff”	Processing Costs (At initial request and appeal levels)	Litigation-Related Costs	Total Costs
FAA	17	32.44	49.44	$5,431,396	$21,665	$5,453,061
FHWA	2	3.5	5.5	$577,656	$8,855	$586,511
FMCSA	6	2	8	$627,842	$41,173	$669,015
FRA	1	2.25	3.25	$329,959	$5,000	$334,959
FTA	0	1.75	1.75	$174,735	0	$174,735
MARAD	1	1.5	2.5	$279,507	0	$279,507
NHTSA	2	1.01	3.01	$387,372	$22,040	$409,412
OIG	1	1.40	2.40	$227,430	0	$227,430
OST	3	2.25	5.25	$509,509	$39,842	$549,351
PHMSA	1	1	2	$226,363	0	$226,363
RITA	1	1.25	2.25	$208,580	0	$208,580
SLSDC	0	.18	.18	$21,882	0	$21,882
AGENCY OVERALL	35	50.53	85.53	$9,002,231	$138,575	$9,140,806

X. Fees Collected for Processing Requests

Dollar amount of fees collected from FOIA requesters for processing their requests. Also the percentage of total processing costs (from the “Processing Costs” column in the Section IX chart) that those fees represent.

	Total Amount of Fees Collected	Percentage of Total Costs
FAA	$172,108	3%
FHWA	$26,767	4%
FMCSA	$17,133	2.5%
FRA	$1,190	.03%
FTA	0	0
MARAD	$1,586	.05%
NHTSA	$2,375	.05%
OIG	0	0
OST	$2,387	.04
PHMSA	$4,470	1.9%
RITA	0	0
SLSDC	0	0
AGENCY OVERALL	$228,016.00	.06%

XI. FOIA Regulations

www.dot.gov/foia

XII. Backlogs, Consultations, and Comparisons

A. Backlogs of FOIA Requests and Administrative Appeals

1. Number of FOIA requests and administrative appeals that were pending beyond the statutory time period as of the end of the fiscal year. (Such requests and appeals are considered “backlogged.”)

2. Note: The statutory time period is ordinarily twenty working days from receipt of a perfected request, see 5 U.S.C. § 552(a)(6)(A)(i), but may be extended up to ten additional working days when “unusual circumstances” are present, see id. § 552(a)(6)(B)(i).

	Number of Backlogged Requests as of End of Fiscal Year	Number of Backlogged Appeals as of End of Fiscal Year
FAA	884	67
FHWA	48	11
FMCSA	145	6
FRA	105	0
FTA	27	2
MARAD	170	0
NHTSA	22	1
OIG	72	1
OST	63	0
PHMSA	46	2
RITA	1	0
SLSDC	0	0
AGENCY OVERALL	1,583	90

B. Consultations on FOIA Requests – Received, Processed, and Pending Consultations

The consultation portions of the Annual Report require information about consultations received from other agencies, not sent to other agencies.

Number of consultations received from other agencies, those processed, and those pending as described in Columns 1 through 4.

	Number of Consultations Received from Other Agencies that Were Pending at Your 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 Your Agency During the Fiscal Year	Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of End of the Fiscal Year
FAA	0	0	0	0
FHWA	0	0	0	0
FMCSA	0	0	0	0
FRA	0	0	0	0
FTA	0	1	1	0
MARAD	0	0	0	0
NHTSA	0	0	0	0
OIG	0	0	0	0
OST	25	8	32	1
PHMSA	0	0	0	0
RITA	0	1	1	0
SLSDC	0	0	0	0
AGENCY OVERALL	25	10	34	1

C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at DOT

1. Dates of receipt of the ten oldest consultations received from other agencies pending at DOT as of the end of the fiscal year.

	10th Oldest Consultation and Number of Days Pending	9th	8th	7th	6th	5th	4th	3rd	2nd	Oldest Consultation and Number of Days Pending
FAA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
FHWA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
FMCSA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
FRA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
FTA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
MARAD	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
NHTSA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
OIG	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
OST	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	8/28/07 272 days
PHMSA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
RITA	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
SLSDC	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Agency Overall	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	8/28/07 272 days

D. Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed, and Backlogged

1. Number of requests received and the number of requests processed during the fiscal year from last year’s Annual Report and the number of those received and processed during the fiscal year from the current Annual Report.

2. Numbers in Columns 1 and 2 must match the “Number of Requests Received in Fiscal Year” from Section V, A of the Annual Report from last year and from this year respectively. The numbers in Columns 3 and 4 must match the “Number of Requests Processed in Fiscal Year” from Section V, A of the Annual Report from last year and from this year respectively.

	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
FAA	6,837	6,975	6,923	7,202
FHWA	318	469	306	472
FMCSA	1,142	998	1,033	1,082
FRA	485	418	450	392
FTA	102	212	104	197
MARAD	120	144	65	133
NHTSA	181	199	170	190
OIG	94	82	96	93
OST	255	276	293	408
PHMSA	84	120	27	168
RITA	57	46	56	45
SLSDC	20	19	19	20
AGENCY OVERALL	9,695	9,958	9,542	10,402

3. Number of backlogged requests as of the end of the fiscal year from the previous Annual Report and the number of backlogged requests as of the end of the fiscal year from the current Annual Report.

	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
FAA	---	884
FHWA	--	48
FMCSA	--	145
FRA	--	105
FTA	--	27
MARAD	--	170
NHTSA	--	22
OIG	--	72
OST	--	63
PHMSA	--	46
RITA	--	1
SLSDC	--	0
AGENCY OVERALL	--	1,583

* The Department was not collecting this information prior to FY 2008.

E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed, and Backlogged

1. Number of administrative appeals received and the number of administrative appeals processed during the fiscal year from last year’s Annual Report and the number of those received and processed during the fiscal year from the current Annual Report.

2. Numbers in Columns 1 and 2 must match the “Number of Administrative Appeals Received in Fiscal Year” from Section VI, A of the Annual Report from last year and from this year respectively. The numbers in Columns 3 and 4 must match the “Number of Administrative Appeals Processed in Fiscal Year” from Section VI, A of the Annual Report from last year and from this year respectively.

	NUMBER OF APPEALS RECEIVED		NUMBER OF APPEALS PROCESSED
	Column 1 Number Received During Fiscal Year from Last Year’s Annual Report	Column 2 Number Received During Fiscal Year from Current Annual Report	Column 3 Number Processed During Fiscal Year from Last Year’s Annual Report	Column 4 Number Processed During Fiscal Year from Current Annual Report
FAA	70	89	117	80
FHWA	7	10	4	8
FMCSA	7	11	7	9
FRA	2	2	4	2
FTA	4	5	4	3
MARAD	7	5	7	5
NHTSA	5	7	4	7
OIG	5	8	5	7
OST	4	4	6	6
PHMSA	4	1	2	2
RITA	1	0	0	0
SLSDC	0	1	0	1
AGENCY OVERALL	116	143	160	130

3. Number of backlogged administrative appeals as of the end of the fiscal year from the previous Annual Report and the number of backlogged administrative appeals as of the end of the fiscal year from the current Annual Report.

	Column 1 Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual Report *	Column 2 Number of Backlogged Appeals as of End of the Fiscal Year from Current Annual Report
FAA	--	67
FHWA	--	11
FMCSA	--	6
FRA	--	0
FTA	--	2
MARAD	--	0
NHTSA	--	0
OIG	--	1
OST	--	0
PHMSA	--	2
RITA	--	0
SLSDC	--	0
AGENCY OVERALL		89

* The Department was not collecting this data prior to FY 2008.

F. Discussion of Other FOIA Activities (Optional)

Provide here any further information about the agency’s efforts to improve FOIA administration.

During FY 2008, the Department and its components made a significant collective effort to update and bring into compliance each component’s electronic reading room. These updated electronic reading rooms can be accessed through the Department’s main FOIA web page (www.dot.gov/foia).

U.S. Department of Transportation (DOT) Freedom of Information Act (FOIA) 2008 Annual Report