FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSIONANNUAL FOIA REPORTFY 2013I.Basic Information Regarding Report SEQ CHAPTER \h \r 11. Name, title, address, and telephone number of person(s) to be contacted with questions about the report:Linda H. Ghosal, Esq.Chief FOIA Officer1331 Pennsylvania Ave., N.W., Suite 520NWashington, D.C. 20004ph: (202) 434-9935fx: (202) 434-9944email: foia@fmshrc.gov2. Electronic address for report on the World Wide Web: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 SEQ CHAPTER \h \r 11. 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 Chief FOIA Officer at the address above. 2. Brief description of why some requests are not granted.The most frequent reason why requests are not granted is that no records responsive to the request were located.3. Electronic address for FMSHRC FOIA regulations:http://www.fmshrc.gov/rules/foia III.Acronyms, Definitions, AND EXEMPTIONS SEQ CHAPTER \h \r 11. Agency-specific acronyms or other terms.a. Commission — Federal Mine Safety and Health Review Commission.b. FMSHRC — Federal Mine Safety and Health Review Commission. c. Mine Act — Federal Mine Safety and Health Act of 1977.2. Basic terms, expressed in common terminologya.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. 1.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. 2. 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. 3.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).The following are concise descriptions of the nine FOIA exemptions:a.Exemption 1: classified national defense and foreign relations informationb.Exemption 2: internal agency rules and practicesc.Exemption 3: information that is prohibited from disclosure by another federal lawd.Exemption 4: trade secrets and other confidential business informatione. Exemption 5:inter-agency or intra-agency communications that are protected by legal privilegesf.Exemption 6: information involving matters of personal privacyg.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 individualh.Exemption 8: information relating to the supervision of financial institutionsi.Exemption 9:geological information on wells3. Agency Component AbbreviationsComponent AbbreviationComponent Name      IV. Exemption 3 Statutes StatuteType of InformationWithheldCase CitationAgency / ComponentNumber of TimesRelied uponby Agency / ComponentTotal Number ofTimes Relied uponby Agency Overall     0              V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTSAgency / ComponentNumber of RequestsPending as of Startof Fiscal YearNumber ofRequests Receivedin Fiscal YearNumber ofRequests Processedin Fiscal YearNumber of RequestsPending as of Endof Fiscal YearFMSHRC31761745    0AGENCY OVERALL31761745    V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTSAgency / ComponentNumber of Full GrantsNumber of Partial Grants / Partial DenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than Exemptions No RecordsAll Records Referred to Another Component or AgencyRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other ReasonNot Agency RecordDuplicate RequestOther *Explain in Chart BelowTOTALFMSHRC16610502000000174             0AGENCY OVERALL16610502000000174    V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS"Agency / ComponentDescription of "Other" Reasons for Denials from Chart B(1)Number of Times "Other" Reason Was Relied UponTOTALFMSHRCN/A00  AGENCY OVERALL  0        V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIEDAgency / ComponentEx. 1Ex. 2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex. 8Ex. 9FMSHRC00001000000000               AGENCY OVERALL00001000000000    VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALSAgency / ComponentNumber of AppealsPending as of Startof Fiscal YearNumber ofAppeals Receivedin Fiscal YearNumber ofAppeals Processedin Fiscal YearNumber of AppealsPending as of Endof Fiscal YearFMSHRC0110    0AGENCY OVERALL0110    VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALSAgency / ComponentNumber Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTOTALFMSHRC01001     0AGENCY OVERALL01001    VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIEDAgency / ComponentEx. 1Ex. 2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex. 8Ex. 9FMSHRC00001000000000               AGENCY OVERALL00001000000000    VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONSAgency / ComponentNo RecordsRecords Referred at Initial Request LevelRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper Request for Other ReasonsNot Agency RecordDuplicate Request or AppealRequest in LitigationAppeal Based Solely on Denial of Request for Expedited ProcessingOther *Explain in chart belowFMSHRC00000000000            AGENCY OVERALL00000000000    VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONSAgency / ComponentDescription of "Other" Reasons for Denial on Appeal from Chart C(2)Number of Times "Other" Reason Was Relied UponTOTALFMSHRCN/A00  AGENCY OVERALL  0        VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALSAgency / ComponentMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days          AGENCY OVERALL27.0027.0027.0027.00    VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALSAgency / Component 10th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest Appeal Date of Appeal          Number of Days Pending          AGENCY OVERALLDate of AppealN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ANumber of Days Pending0000000000    VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTSAgency / ComponentSIMPLECOMPLEXEXPEDITED PROCESSINGMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days                          AGENCY OVERALL13.112468.913475.719    VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTEDAgency / ComponentSIMPLECOMPLEXEXPEDITED PROCESSINGMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days                          AGENCY OVERALL1312469.313475.719    VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTSAgency / Component<1-20Days21-40Days41-60Days61-80Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+DaysTOTALFMSHRC142200000000000144              0AGENCY OVERALL142200000000000144    VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTSAgency / Component<1-20Days21-40Days41-60Days61-80Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+DaysTOTALFMSHRC2330000000000026              0AGENCY OVERALL2330000000000026    VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTSAgency / Component<1-20Days21-40Days41-60Days61-80Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+DaysTOTALFMSHRC30000000000003              0AGENCY OVERALL30000000000003    VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTSAgency / ComponentSIMPLECOMPLEXEXPEDITED PROCESSINGNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of Days                    AGENCY OVERALL21.51.532016000    VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTSAgency / Component 10th Oldest Request9th8th7th6th5th4th3rd2ndOldest Request Date of Receipt          Number of Days Pending          AGENCY OVERALLDate of ReceiptN/AN/AN/AN/AN/A2013-09-302013-09-302013-09-302013-09-242013-08-21Number of Days Pending000001122027    VIII.A. REQUESTS FOR EXPEDITED PROCESSINGAgency / ComponentNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar Days            AGENCY OVERALL3075.73    VIII.B. Requests for Fee WaiverAgency / ComponentNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to Adjudicate          AGENCY OVERALL607.57.8    IX. FOIA Personnel and CostsAgency / ComponentPERSONNELCOSTSNumber of "Full-Time FOIA Employees"Number of "Equivalent Full-Time FOIA Employees"Total Number of "Full-Time FOIA Staff"Processing CostsLitigation-Related CostsTotal CostsFMSHRC00.50.5$125,000.00$0.00$125,000.00   0  $0.00AGENCY OVERALL00.50.5$125,000.00$0.00$125,000.00    X. Fees Collected for Processing RequestsAgency / ComponentTotal Amount of Fees CollectedPercentage of Total CostsFMSHRC$503.500.40%   AGENCY OVERALL$503.500.40%    XII.A. Backlogs of FOIA Requests and Administrative AppealsAgency / ComponentNumber of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearFMSHRC00   AGENCY OVERALL00 An extension was granted for the oldest pending appeal and thus is not included in backloggedrequests pending as of the end of the fiscal year. XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONSAgency / ComponentNumber of Consultations Received from Other Agencies that were Pending at the Agency as of Startof the Fiscal YearNumber ofConsultations Received from Other Agencies During the Fiscal YearNumber of Consultations Received from Other Agencies that were Processed by the Agency During the Fiscal YearNumber of Consultations Received from Other Agencies that were Pending at the Agency as of Endof the Fiscal YearFMSHRC0110    0AGENCY OVERALL0110    XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCYAgency / Component 10th Oldest Consultation9th8th7th6th5th4th3rd2ndOldest Consultation Date          Number of Days          AGENCY OVERALLDateN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ANumber of Days0000000000    XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND PROCESSEDAgency / ComponentNUMBER OF REQUESTS RECEIVEDNUMBER OF REQUESTS PROCESSEDNumber Received During Fiscal Year from Last Year's Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year's Annual ReportNumber Processed During Fiscal Year from Current Annual ReportFMSHRC188176189174     AGENCY OVERALL188176189174    XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED REQUESTSAgency / ComponentNumber of Backlogged Requests as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Requests as of End of the Fiscal Year from Current Annual ReportFMSHRC00   AGENCY OVERALL00 An extension was granted for the oldest pending request and thus has not been included here as a pendingbacklogged request. XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED AND PROCESSEDAgency / ComponentNUMBER OF APPEALS RECEIVEDNUMBER OF APPEALS PROCESSEDNumber Received During Fiscal Year from Last Year's Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year's Annual ReportNumber Processed During Fiscal Year from Current Annual ReportFMSHRC0101     AGENCY OVERALL0101    XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALSAgency / ComponentNumber of Backlogged Appeals as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Appeals as of End of the Fiscal Year from Current Annual ReportFMSHRC00   AGENCY OVERALL00 PAGE \* MERGEFORMAT 1jbishopgreenRory Smith22014-01-14T14:27:00Z2014-01-14T14:28:00Z2014-01-14T14:28:00Z138299817094Microsoft Office Word414240falseTitle1USDOJfalse20052falsefalse14.0000