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FOIA Annual Report for 1997

Pursuant to 5 U.S.C. § 552(e), as added by the 1974 Amendments to the Freedom of Information Act (P.L. 93-502), the Railroad Retirement Board hereby submits its report for the period January 1, 1997 through September 30, 1997.

1. Total number of initial determinations not to comply with a request for records made under subsection 552(a):

7

2. Authority relied upon for each such determination:

(a) Exemptions under subsection 552(b):

Exemption invoked	Number of times invoked
552(b)(5)	3
552(b)(6)	1
552(b)(7)(C)	1

In one instance, two exemptions were invoked.

(b) Statutes invoked pursuant to Exemption No. 3:
None

(c) Other authority:

3. Name and title of each person who is responsible for the initial denial of records requested and the number of instances of participation of each:

4. Total number of intra-agency appeals from adverse initial decisions made pursuant to subsection (a)(6):

1

(a) Number of appeals in which, upon review, request for information was granted in full:

0

(b) Number of appeals in which, upon review, request for information was denied in full:

0

(c) Number of appeals in which, upon review, request was denied in part:

0

5. Authority relied upon for total or partial denials on appeals:

(a) Exemptions in 552(b): none

(b) Statutes invoked pursuant to Exemption No. 3: none

(c) Other authority:

The appeal was withdrawn.

6. Name and title of each person who, on appeal, is responsible for the denial in whole or in part of records requested and the number of instances of participation of each:

No decision was made, since the appeal was withdrawn.

7. Provide a copy of each court opinion or order giving rise to a proceeding under subsection (a)(4)(F).

None.

8. Provide a copy of any amendments to rules and regulations.

None

9. Provide separately a copy of the fee schedule adopted and the total dollar amount of fees collected for making records available.

See Enclosure 1.

10. Pursuant to subparagraph (e)(7), furnish the following information indicative of efforts to administer fully this section:

(a) Availability of records:

All initial requests under the FOIA are handled by the agency's legal staff and are given priority consideration.

(b) Incremental costs:

Approximately $12,500 for the period January 1, 1997 through September 30, 1997.

(c) Compliance with time limitations for agency determinations:

I. Provide the total number of instances in which it was necessary to seek a 10-day extension of time:

None.

II. Provide the total number of instances where

court appeals were taken on the basis of exhaustion of administrative procedures because the agency was unable to comply with the request within the applicable time limits:

None.

III. Provide the total number of instances in which a court allowed additional time upon a showing of exceptional circumstances, together with a copy of each court opinion or order containing such an extension of time:

None.

(d) Internal memoranda:

Furnish a copy of all unpublished memoranda or instructions setting forth procedures to be followed by agency personnel in administering the Act.

Enclosure 2 is an administrative circular on the Privacy Act and the Freedom of Information Act issued in July 1986. (Note from the webmaster: Enclosure 2 is not online.)

The material is available to the public under either 5 U.S.C. § 552(a)(2) or 5 U.S.C. § 552 (a)(3).

V. M. Speakman, Jr.

Jerome F. Kever

The Railroad Retirement Board (RRB) may charge the person or persons making a request for records under paragraph (f) of this section a fee in an amount not to exceed the costs actually incurred in complying with the request and not to exceed the cost of processing a check for payment. Depending on the category into which the request falls, a fee may be assessed for the cost of searching for documents, reviewing documents to determine whether any portion of any located documents is permitted to be withheld, and duplicating documents.

(1) Fee schedule: To the extent that the following are chargeable, they are chargeable according to the following schedule:

(i) The charge for making a manual search for records shall be the salary rate, including benefits, for a GS-7, step 5 Federal employee;

(ii) The charge for reviewing documents to determine whether any portion of any located document is permitted to be withheld shall be the salary rate, including benefits, for a GS-13, step 5 Federal employee;

(iii) The charge for making photocopies of any size document shall be $.10 per copy per page:

(iv) The charge for computer-generated listings or labels shall include the direct cost to the RRB of analysis and programming, where required, plus the cost of computer operations to produce the listing or labels. The maximum computer search charge shall be $2,250.00 per hour ($37.50 per minute). Search time shall not include the time expended in analysis or programming where these operations are required.

(v) There shall be no charge for transmitting documents by regular post. The charge for all other methods of transmitting documents shall be the actual cost of transmittal.

2. Fees collected from January 1, 1997 - September 1, 1997.

$27.85

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