Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51795

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

At divergence from Blanco

River .................................. *599

Loneman Creek:

At confluence with Blanco

River .................................. *760

Just above Deer Lake Road

bridge ................................. *913

200 feet downstream of

County Road 317 .............. *1,042

Smith Creek:

At confluence with Loneman

Creek ................................. *872

Above earthen dam 4,700

feet upstream from Deer

Lake Road bridge .............. *1,015

Cypress Creek:

At confluence with Blanco

River .................................. *839

1,250 feet above confluence

of Stream CC–3 ................. *1,001

Stream Cypress-1:

At confluence with Cypress

Creek ................................. *967

3,900 feet upstream of Valley

Spring Road ....................... *1,033

Wilson Creek:

At confluence with the Blanco

River .................................. *843

100 feet downstream of dirt

road that intersects FM

2325 ................................... *1,005

Willow Springs Creek:

At confluence with the San

Marcos River ..................... *571

2,400 feet upstream of

McCarty Lane .................... *715

Stream WSC-RR:

At confluence with Purgatory

Creek Diversion No. 2 ....... *582

At diversion from Willow

Springs Creek .................... *592

Stream WSC–1:

At confluence with Willow

Springs Creek .................... *672

600 feet upstream of

McCarty Lane .................... *707

Purgatory Creek:

At confluence with the San

Marcos River ..................... *571

Approximately 20,000 feet

upstream of SCS Dam No.

4 ......................................... *910

Stream PC–1:

At confluence with Purgatory

Creek ................................. *653

6,300 feet upstream of

McCarty Lane bridge ......... *792

Sink Creek:

At confluence with the San

Marcos River ..................... *577

At County Road 213 crossing *801

Onion Creek:

At border of Travis and Hays

Counties ............................. *644

Approximately 2.5 miles upstream of County Road

190 bridge .......................... *1,141

Bear Creek:

At border of Hays and Travis

Counties ............................. *805

At dam located 2,000 feet

upstream of Wildwood Hills

Lane ................................... *986

Little Bear Creek:

At border of Hays and Travis

Counties ............................. *672

2,500 feet upstream of Arbor

Trail bridge ......................... *815

Stream LB–1:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

At confluence with Little Bear

Creek ................................. *741

2,500 feet upstream of Chaparral Road .......................... *790

Stream Bear-1:

At confluence with Bear

Creek ................................. *848

At border of Hays and Travis

Counties ............................. *922

Stream Bear-1A:

At confluence with Stream

Bear-1 ................................ *851

2,000 feet upstream of Todd

Road bridge ....................... *1,037

Stream Bear-2:

At confluence with Bear

Creek ................................. *848

4,650 feet upstream of confluence with Bear Creek .... *921

Barton Creek:

At border of Hays and Travis

Counties ............................. *942

At County Road 169 ............. 1,333

Long Branch:

At border of Hays and Travis

Counties ............................. *1,035

Above dam located 3,000

feet upstream of Carriage

House Lane ....................... *1,160

Stream BC–1:

At confluence with Barton

Creek ................................. *1,085

3,300 feet upstream of confluence of Stream BC–1A .. *1,124

Stream BC–1A:

At confluence with Stream

BC–1 .................................. *948

1,870 feet upstream of confluence with Stream BC–1 *1,151

Roy Branch:

At confluence with Barton

Creek ................................. *957

2,100 feet upstream of Oakwood Lane bridge .............. *1,103

Cottonwood Branch:

At confluence with Ray

Branch ............................... *991

1,000 feet upstream of Hidden Hills Drive bridge ........ *1,096

Little Barton Creek:

At confluence with Barton

Creek ................................. *989

2,500 feet upstream of

Spring Lake Drive bridge ... *1,245

Stream BC–2:

At confluence with Barton

Creek ................................. *1,096

750 feet upstream of County

Road 169 ........................... *1,227

Stream BC–2A:

At confluence with Stream

BC–2 .................................. *1,153

Approximately 5,500 feet upstream of confluence with

Stream BC–2 ..................... *1,236

School House Hollow:

At confluence with Barton

Creek ................................. *1,119

Above dam located 2,000

feet upstream of County

Road 169 bridge ................ *1,192

Stream SH–1:

At confluence with School

House Hollow .................... *1,185

Approximately 4,000 feet upstream of confluence with

School House Hollow ........ *1,261

Purgatory Creek Diversion No.

1:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

At confluence with Purgatory

Creek ................................. *583

At divergence from Purgatory

Creek ................................. *602

Purgatory Creek Diversion No.

2:

At confluence with Willow

Springs Creek .................... *581

At divergence from Purgatory

Creek ................................. *585

Maps are available for inspection at the Hays County

Environmental Health Department, 1251 Civic Center

Loop, San Marcos, Texas.

Maps are available for inspection at the City of Kyle

Department of Public Works,

City Hall, 101 South

Burleson, Kyle, Texas.

Maps are available for inspection at the City of San

Marcos Engineering Department, City Hall, 630 East

Hopkins Street, San Marcos,

Texas.

Maps are available for inspection at the City of

Woodcreek, 17 Wildwood,

Wimberley, Texas.

Maps are available for inspection at the City of Buda

City Hall, 121 North Main

Street, Buda, Texas.

Maps are available for inspection at the City of Hays,

c/o Mayor of Hays, 12633

Red Bud Trail, Buda, Texas.

Maps are available for inspection at the City of

Niederwald, Go Forth Water

Supply, 13841 Camino Real,

Niederwald, Texas.

Maps are available for inspection at the Township of

Uhland, 17 Cotton Gin Road,

Uhland, Texas.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: September 25, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–26281 Filed 10–02–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 0

[GC Docket No. 97–143; FCC 97–332]

Implementation of the Electronic

Freedom of Information Act

Amendments of 1996

AGENCY: Federal Communications

Commission.

ACTION: Final rule.
51796 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

1Pub. L. 104–231, 110 Stat. 3048 (1996), codified

at scattered subsections of 5 U.S.C. 552.

2Amendment of Part 0 of the Commission’s Rules

to Implement the Electronic Freedom of Information

Act Amendments of 1996, Notice of Proposed

Rulemaking, GC Docket No. 97–143, FCC 97–198

(released June 19, 1997) (NPRM), published at 62

FR 34188 (June 25, 1997).

3Reporters Committee for Freedom of the Press

(Reporters Committee) and the Regulatory Affairs

Committee of the Student Council of Edgewood

Senior High School, Ashtabula, Ohio (Edgewood

Students).

4Electronic Filing of Documents in Rulemaking

Proceedings, Notice of Proposed Rulemaking, GC

Docket No. 97–113, FCC 97–113 (released April 7,

1997) (Electronic Filing of Documents).

5The Record Image Processing System (RIPS)

provides access to comments filed with the

Commission in notice and comment rulemaking

proceedings, as well as a variety of filings in other

kinds of docketed proceedings (e.g., tariff

investigations, formal hearings before

Administrative Law Judges, and applications by

Bell Operating Companies to provide out-of-region

long distance service). See Electronic Filing of

Documents, at ¶ 6.

6The Edgewood Students’s other suggestions for

placement of information on the Internet have been

forwarded to the Office of Public Affairs for

consideration.

7NPRM ¶ 12, citing, 5 U.S.C. § 605(b).

8See 5 U.S.C. § 553(d)(3).

SUMMARY: This order amends the

Commission’s rules regarding

implementation of the Electronic

Freedom of Information Act

Amendments of 1996 to comply with

the changes mandated by the Electronic

Freedom of Information Act

Amendments of 1996. This action will

make it easier for the public to request

access under the FOIA to the

Commission’s records.

EFFECTIVE DATE: October 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Laurence H. Schecker, Office of General

Counsel, (202) 418–1720.

SUPPLEMENTARY INFORMATION:

Adopted: September 18, 1997.

Released: September 23, 1997.

1. In this Order, we amend part 0 of

our rules to implement the amendments

to the Freedom of Information Act

(‘‘FOIA’’) enacted in the Electronic

Freedom of Information Act

Amendments of 1996 (‘‘EFOIA’’).1

Discussion

2. We instituted this proceeding to

conform our rules to EFOIA’s

requirements governing electronic

records and to implement the EFOIA

directive that we provide for the

expedited processing of FOIA requests.2

Only two comments were received,

neither of which addressed the

substance of our proposals.3 For the

reasons stated in the Notice of Proposed

Rulemaking (NPRM), we adopt, as

proposed, the following amendments to

our Rules: amendments to § 0.461(a), to

reflect the EFOIA requirement that

agencies honor requests that records be

provided in specific formats;

amendments to § 0.461(g), to permit 20

working days to respond to initial FOIA

requests and to provide requesters with

the opportunity to both limit the scope

of their requests or negotiate a time

frame for processing requests; and

amendments to sections §§ 0.441, 0.443,

0.453, 0.455, and 0.460, to provide the

public with better guidance concerning

the availability of Commission records.

We also adopt, with a minor

modification described below, the

proposed new paragraph (h) to § 0.461,

which provides for the expedited

processing of certain FOIA requests. The

specific language of the amendments to

part 0 is set forth below.

3. The Edgewood Students sought

clarification of the method for filing

FOIA requests. As they noted, FOIA

requests can currently be filed by

United States mail, hand delivery, or by

electronic mail at <foia@fcc.gov>. FOIA

requests may also be filed by facsimile.

The NPRM proposed no changes in

filing procedures. However, based on

the Edgewood Students’s comments, we

believe § 0.461 should be amended to

reflect the option of filing FOIA requests

through electronic mail or by facsimile.

We will therefore amend § 0.461 of our

Rules to indicate that FOIA requests can

be filed electronically. Similarly, we

will modify our proposed rule for

expedited processing of FOIA requests,

§ 0.461(h), to reflect the possibility of

filing such requests through electronic

mail. However, we do not at this time

envision the filing of FOIA requests or

applications for review through the

electronic comment filing system

(ECFS) currently being developed.4

Once that system is fully operational,

we may reassess its applicability to the

FOIA process.

4. The Edgewood Students’s

comments also addressed the

availability of information on our

Internet site. A wide variety of FCC

information is already available on the

Internet site, and more is added

regularly. When the new electronic

document filing system is in place, even

more records will be available through

the Internet. The Edgewood Students

ask that the Commission’s RIPS system 5

be made accessible through our Internet

site. However, the RIPS system will be

replaced by the ECFS system under

development, which will be Internetaccessible.6

5. Finally, we note that we did not, as

the Reporters Committee’s comments

feared, adopt any procedures that

burden requests for expedited FOIA

processing. Our rules simply track the

language of the EFOIA and are designed

to process such requests speedily.

Procedural Matters

6. In the NPRM, we certified that the

proposed rules ‘‘[would] not, if

promulgated, have a significant

economic impact on a substantial

number of small entities.’’ 7 No

comments were received concerning

this certification. The rules adopted in

this Order implement the amendments

to the FOIA enacted through the EFOIA.

There is no reason to believe that the

revised rules will impose any costs on

FOIA requesters beyond those costs

incurred under our former rules.

Accordingly, we certify, pursuant to

section 605(b) of the Regulatory

Flexibility Act, that the rules adopted

herein will not have a significant

economic impact on a substantial

number of small entities. The Secretary

shall send a copy of this certification to

the Chief Counsel for Advocacy of the

Small Business Administration. A copy

of this certification will also be

published in the Federal Register.

Ordering Clauses

7. Accordingly, it is ordered that

pursuant to sections 4(i), 303(r), and 4(j)

of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 303(r), and

154(j), and the Electronic Freedom of

Information Act Amendments of 1996,

Pub. L. 104–231, 110 Stat. 3048 (1996),

part 0 of the Commission’s Rules is

amended as set forth below.

8. It is further ordered that the rules

adopted herein will become effective

October 3, 1997. The rules merely

codify provisions of the EFOIA designed

to benefit FOIA requesters or otherwise

incorporate procedural rules that benefit

requesters. We therefore find, for good

cause, that the rules should be made

effective upon publication.8

List of Subjects in 47 CFR Part 0

Organization and functions

(Government agencies).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 0 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for Part 0

continues to read as follows:
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51797

Authority: Sec. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155, 225, unless

otherwise noted.

2. Section 0.441 is revised to read as

follows:

§ 0.441 General.

Any person desiring to obtain

information may do so by writing or

coming in person to any of the

Commission’s offices. A broader range

of information and more comprehensive

information facilities are available at the

Commission’s main office in

Washington, D.C., however, and

inquiries of a general nature should

ordinarily be submitted to that office. A

wide range of information is also

available from the Commission’s World

Wide Web site located at <http://

www.fcc.gov>.

3. Section 0.443 is revised to read as

follows:

§ 0.443 General information office.

The Public Service Division of the

Office of Public Affairs is located at

1919 M Street, N.W., Washington, D.C.

Here, the public may obtain copies of

the ‘‘Federal Communications

Commission Information Seekers

Guide,’’ which is a handbook for

obtaining information from the FCC.

This office also maintains current and

back issues of public notices of

Commission actions, formal documents

adopted by the Commission, and copies

of fact sheets that answer general

questions about the Commission. Many

such recent items may also be obtained

from the Commission’s World Wide

Web site located at <http://

www.fcc.gov>. Commission documents

listed in § 0.416 are published in the

FCC Record, and many such documents

or summaries thereof are also published

in the Federal Register.

4. Section 0.453 introductory text is

revised to read as follows:

§ 0.453 Public reference rooms.

The Commission maintains the

following public reference rooms at its

offices in Washington, DC, Gettysburg,

Pennsylvania, and Columbia, Maryland.

Much of the information available from

the public reference rooms may also be

retrieved from the Commission’s World

Wide Web site at <http://www.fcc.gov>:

* * * * *

5. Section 0.455 introductory text is

revised to read as follows:

§ 0.455 Other locations at which records

may be inspected.

Except as provided in §§ 0.453, 0.457

and 0.459, records are routinely

available for inspection in the offices of

the Bureau or Office which exercises

responsibility over the matters to which

those records pertain (see § 0.5), or will

be made available for inspection at

those offices upon request. Many of

these records may be retrieved from the

Commission’s site on the World Wide

Web, located at <http://www.fcc.gov>.

Upon inquiry to the appropriate Bureau

or Office, persons desiring to inspect

such records will be directed to the

specific location at which the particular

records may be inspected. A list of

Bureaus and Offices and examples of

the records available at each is set out

below:

* * * * *

6. Section 0.460(a) is revised to read

as follows:

§ 0.460 Requests for inspection of records

which are routinely available for public

inspection.

(a) Sections 0.453 and 0.455 list those

Commission records which are

routinely available for public inspection

and the places at which those records

may be inspected. Subject to the

limitations set out in this section and to

the provisions of § 0.466 and paragraph

(l) of this section, a person who wants

to inspect such records need only

appear at the specified location and ask

to see the records. Many such records

also are available through the

Commission’s site on the World Wide

Web, located at <http://www.fcc.gov>.

Commission documents listed in § 0.416

are published in the FCC Record, and

many such documents or summaries

thereof are also published in the Federal

Register.

* * * * *

7. Section 0.461 is amended by

redesignating paragraph (a) as paragraph

(a)(1) and adding paragraph (a)(2),

revising paragraphs (d)(1) and (d)(3),

paragraph (g) introductory text,

paragraph (g)(3) and the concluding text

of paragraph (g), redesignating

paragraphs (h) and (i) as paragraphs (i)

and (j) and revising them, adding new

paragraph (h), and revising paragraph

(k) introductory text and paragraph

(k)(3) to read as follows:

§ 0.461 Requests for inspection of

materials not routinely available for public

inspection.

* * * * *

(a) (1) * * *

(2) The person requesting records

under this section may specify the form

or format of the records to be produced.

* * * * *

(d) (1) Requests shall be delivered or

mailed to the Managing Director, sent by

electronic mail to <foia@fcc.gov>, or

sent by facsimile. (For purposes of this

section, the custodian of the records is

the Chief of the appropriate Bureau or

Office.)

* * * * *

(3) An original and two copies of the

request shall be submitted. If the request

is submitted by electronic mail, only

one copy need be submitted. If the

request is for materials not open to

routine public inspection under

§ 0.457(d) or § 0.459, one copy of the

request will be mailed by the custodian

of the records to the person who

originally submitted the materials to the

Commission.

* * * * *

(g) The custodian of the records will

make every effort to act on the request

within 20 working days after it is

received by the FOIA Control Office. 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 custodian may, in

any of the following circumstances,

extend the time for action by up to 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.

The custodian of the records will notify

the requester in writing of any extension

of time exercised pursuant to paragraph

(g) of this section. If it is not possible to

locate the records and make the

determination within the extended

period, the person or persons who made

the request will be provided an

opportunity to limit the scope of the

request so that it may be processed

within the extended time limit, or an

opportunity to arrange an alternative

time frame for processing the request or

a modified request, and asked to

consent to an extension or further

extension. If the requester agrees to an

extension, the custodian of the records

will confirm the agreement in a letter

specifying the length of the agreed-upon

extension. If he or she does not agree to

an extension, the request will be denied,

on the grounds that the custodian has

not been able to locate the records and/

or to make the determination within the

period for a ruling mandated by the

Freedom of Information Act, 5 U.S.C.

552. In that event, the custodian will

continue to search for and/or assess the

records and will advise the person who

made the request of further

developments; but that person may file

an application for review by the

Commission. When action is taken by
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.,