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U. S. Department of Agriculture
Freedom of Information Act Annual Report
January to September 1997
Utilities Programs (Utilities Programs)
1. Total number of initial denials: 86
2. Number of those denials that were partial denials (as opposed to complete denials). 51
3. Authority under which initial denials were made:
a. and b. Exemptions under 552(b):
Exemptions Invoked - Number of Times Invoked*
b2 1
b4 27
b5 7
b6 4
b7 3
c. Statues invoked pursuant to exemption (b)(3):
d. Other Authority: No Records = 55
* More than one exemption invoked for some denials
4. Names and titles of persons who made initial denials.
Name, Title, Instances
Sara L. Bradshaw, Freedom of Information Specialist, 66
Nono M. Breault, Administrative Programs Dir., 4
William C. Gouzounis, Assistant to the State Dir., 4
Joel Weirick, Administrative Programs Dir., 1
Charles F. Mertens, State Director, 2
Fred J. Browning, Acting State Director, 1
Linda K. Page, State Director, 1
Cheryl L. Cook, State Director, 2
Lambert Rosenberg, Rural Development Specialist, 1
Margie T. Rollins, FOIA Coordinator, 1
Mark Stephens, Assistant Regional Attorney, 1
Cynthia B. Clark, Specialist Project Rep., 2
5. The total number of appeals: 6
a. number of appeals granted in full: 3
b. number of appeals denied in full: 1
c. number of appeals denied in part: 0
d. number of appeals pending: 2
6. Authority under which appeals were partially or wholly denied:
a. and b. Exemptions invoked under 552(b)
Exemptions Invoked - Number of Times Invoked
NOT APPLICABLE - NOT APPLICABLE
c. Statutes invoked pursuant to Exemption (b)(3):
d. Other Authority: No Records = 1
7. Names and titles of persons who denied or partially denied appeals:
Name, Title, Instances
Walley Beyer, Administrator, Rural Utilities, 3
Leonard Hardy, Jr., Deputy Administrator for Operations and Management, 1
8. Copies of court opinions or order under Subsection (a)(4)(F): N.A.
9. Copies of Agency rules or regulations issued: N.A.
10. Amount of fees collected during the year by the Agency: $8,024.78
11. Cost to administer availability of records:
Estimated cost of administering the FOIA in 1997 as follows:
Administrative Cost $49,908.96 (Includes Reproduction Costs)
Recoverable Cost - $ 8,024.78
BALANCE OF COST TO THE AGENCY $41,884.18
12. Internal memoranda or instructions issued:
See Attachments
13. Compliance with time limitations, including instances in which 10 day extensions were taken because of:
(a) Need to search for and collect information from the field: 26
(b) Need to search for, collect, and examine voluminous records for single requests: 38
(c) Need for consultations: 104
(d) Court appeals on exhaustion of procedures because of inability to comply within applicable time limits: N.A.
(e) Court-allowed time limits: N.A.
14. Total number of FOIA requests received during the year: 440
15. Number of requests asking for a fee waiver or reduction: 12
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