51798 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

the custodian of the records, written

notice of the action will be given.

(h) (1) Requesters who seek expedited

processing of FOIA requests shall

submit such requests, along with their

FOIA requests, to the Managing

Director, as described in § 0.461(d). If

the request is enclosed in an envelope,

the envelope shall be marked ‘‘Request

for Expedited Proceeding—FOIA

Request.’’ An original and two copies of

the request for expedition shall be

submitted, but only one copy is

necessary if submitted by electronic

mail. When the request is received by

the Managing Director, it, and the

accompanying FOIA request, will be

assigned to the FOIA Control Office,

where it will be date-stamped and

assigned to the custodian of records.

(2) Expedited processing shall be

granted to a requester demonstrating a

compelling need that is certified by the

requester to be true and correct to the

best of his or her knowledge and belief.

(3) For purposes of this section,

compelling need means—

(i) That failure to obtain requested

records on an expedited basis could

reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual; or

(ii) With respect to a request made by

a person primarily engaged in

disseminating information, there is an

urgency to inform the public concerning

actual or alleged Federal Government

activity.

(4) (i) Notice of the determination as

to whether to grant expedited

processing shall be provided to the

requester by the custodian of records

within 10 calendar days after receipt of

the request by the FOIA Control Office.

Once the determination has been made

to grant expedited processing, the

custodian shall process the FOIA

request as soon as practicable.

(ii) If a request for expedited

processing is denied, the person seeking

expedited processing may file an

application for review within five

working days after the date of the

written denial. The application for

review and the envelope containing it (if

any) shall be captioned ‘‘Review of

FOIA Expedited Proceeding Request.’’

The application for review shall be

delivered or mailed to the General

Counsel. (For general procedures

relating to applications for review, see

§ 1.115 of this chapter.) The

Commission shall act expeditiously on

the application for review, and shall

notify the custodian of records of the

disposition of such an application for

review.

(i) If a request for inspection of

records submitted to the Commission in

confidence under § 0.457(d) or § 0.459 is

granted, an application for review of the

action may be filed only by the person

who submitted the records to the

Commission. The application for review

and the envelope containing it (if any)

shall be captioned ‘‘Review of Freedom

of Information Action.’’ The application

for review shall be filed within 10

working days after the date of the

written ruling, shall be delivered or

mailed to the General Counsel, and shall

be served on the person who filed the

request for inspection of records. The

first day to be counted in computing the

time period for filing the application for

review is the day after the date of the

written ruling. If an application for

review is not filed within this period,

the records will be produced for

inspection. The person who filed the

request for inspection of records may

respond to the application for review

within 10 working days after it is filed.

(j) Except as provided in paragraph (i)

of this section, an application for review

of an initial action on a request for

inspection may be filed only by the

person who made the request. The

application shall be filed within 30 days

after the date of the written ruling by the

custodian of records, and shall be

captioned, ‘‘Review of Freedom of

Information Action.’’ The envelope (if

any) shall also be so captioned. The

application shall be delivered or mailed

to the General Counsel and shall be

served on the person (if any) who

originally submitted the materials to the

Commission. That person may file a

response within 10 working days after

the application for review is filed. If the

records are made available on review,

the person who submitted them to the

Commission (if any) will be afforded 10

working days after the date of the

written ruling to seek a judicial stay. See

paragraph (i) of this section. The first

day to be counted in computing the time

period for filing the application for

review or seeking a judicial stay is the

day after the date of the written ruling.

(For general procedures relating to

applications for review, see § 1.115 of

this chapter.)

(k) The Commission will make every

effort to act on an application for review

of an action on a request for inspection

of records within 20 working days after

it is filed. See, however, paragraph (i) of

this section. If it is not possible to locate

the records and to determine whether

they should be made available for

inspection within 20 working days, the

General Counsel may, in the following

circumstances and to the extent time

has not been extended under paragraphs

(g) (1)(i), (ii), or (iii) of this section,

extend the time for action up to 10

working days. (The total period of

extensions taken under this paragraph

and under paragraph (g) of this section

without the consent of the person who

submitted the request shall not exceed

10 working days.):

* * * * *

(3) It is necessary to consult with

another agency having a substantial

interest in the determination of the

request or among two or more

components of the Commission having

substantial subject matter interest

therein.

* * * * *

[FR Doc. 97–26205 Filed 10–2–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–135; RM–9087]

Radio Broadcasting Services; Spring

Valley, MN and Osage, IA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

substitutes Channel 282C3 for Channel

282A at Spring Valley, Minnesota, and

modifies the license for Station

KVGO(FM) to specify operation on

Channel 282C3 in response to a petition

filed by KVGO, Inc. See 62 FR 29090,

May 29, 1997. The coordinates for

Channel 282C3 are 43–38–23 and 82–

38–30. To accommodate the proposal

for Spring Valley, we shall substitute

Channel 254A for Channel 279A at

Osage, Iowa, and modify the license for

Station KCZY accordingly. The

coordinates for Channel 254A are 43–

19–20 and 92–51–22. With this action

this proceeding is terminated.

EFFECTIVE DATE: November 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–135,

adopted September 17, 1997, and

released September 26, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW, Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 1231 20th Street, NW.,
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51799

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Minnesota, is

amended by removing Channel 282A

and adding Channel 282C3 at Spring

Valley.

3. Section 73.202(b), the Table of FM

Allotments under Iowa, is amended by

removing Channel 279A and adding

Channel 254A at Osage.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–26251 Filed 10–2–97; 8:45 am]

BILLNG CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–152; RM–9102]

Radio Broadcasting Services; Naylor,

MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

260A to Naylor, Missouri, as that

community’s first local FM broadcast

service in response to a petition filed by

B.B.C., Inc. See 62 FR 38053, July 16,

1997. The coordinates for Channel 260A

at Naylor are 36–34–12 and 90–35–30.

With this action, this proceeding is

terminated.

DATES: Effective November 10, 1997.

The window period for filing

applications for Channel 260A at

Naylor, Missouri, will open on

November 10, 1997, and close on

December 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–152,

adopted September 17, 1997, and

released September 26, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Missouri, is amended

by adding Naylor, Channel 260A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–26249 Filed 10–2–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–9; RM–8929, RM–9067]

Radio Broadcasting Services; New

Boston, TX and Idabel, OK

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Dixie Broadcasting Company,

allots Channel 286A to New Boston,

Texas. See 62 FR 3851, January 27,

1997. In response to a counterproposal

filed by Idabel Community Broadcasters

(RM–9067), the Commission also allots

Channel 275A to Idabel, Oklahoma.

Channel 286A and Channel 275A can be

allotted to New Boston and Idabel,

respectively, in compliance with the

Commission’s minimum distance

separation requirements. The

coordinates for Channel 286A at New

Boston, Texas, are 33–27–41 NL and 94–

31–00 WL. The coordinates for Channel

275A at Idabel, Oklahoma, are 33–53–48

NL and 94–49–42 WL. With this action,

this proceeding is terminated.

DATES: Effective November 10, 1997.

The window period for filing

applications for Channel 286A at New

Boston, Texas, and Channel 275A at

Idabel, Oklahoma, will open on

November 10, 1997, and close on

December 11, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–9,

adopted September 17, 1997, and

released September 26, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Channel 286A at New Boston.

3. Section 73.202(b), the Table of FM

Allotments under Oklahoma, is

amended by adding Channel 275A at

Idabel.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–26248 Filed 10–2–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–147; RM–9099]

Radio Broadcasting Services; Sardis,

MS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Delta Radio, Inc., allots