Annual FOIA Report for 1997 of the
Pursuant to 5 U.S.C. 552(e)
(1) Number of denials of requests for records and reason for each:

       Two requests were denied in whole or in part.

          Number of denials                                Reasons (Exemptions cited)
                 1                                                  1 and 5
                 1                                                     4
(2) Number of appeals, result of such appeals, and the reason of the action on the appeals:

       Two appeals were filed during calendar year 1997.

Appeal of Request 97-43. In his initial request, the requester sought information relating to management's plans to remove him from the agency for alleged incompetence in performing his work. The Commission's FOIA officer determined that there was no responsive information in the Commission's possession.

In his appeal, the requester identified certain categories of documents as being responsive to his request that he did not state in his initial request. The Commission determined that his appeal would be processed as a new request because of the additional scope of his request.

Appeal of Request 97-57. The FOIA Officer processed the new request discussed above and provided certain documents to the requester, and withheld other materials based on exemptions 1 for classified infomation and 5 for privileged data. The requester appealed, seeking the privileged documents or an index of them. The Commission found the FOIA officer had properly withheld the documents and that an index was not required at the administrative appeal stage, and denied the appeal.

(3) Names and Title of persons responsible for denials and number instances of participation for each:

       Donna R. Koehnke, Secretary, made 2 denials.

(4) The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)(4)(F):

       No such proceedings were conducted.

(5) A copy of every rule made by the agency regarding this section:


(6) A copy of the fee schedule: 19 CFR 201.20 (attached):

       In 1997 a total of $1,286.00 in fees were collected.

(7) Other information: