WPCH 2BJ Z Courier3|x2x6X@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oeX@26 HRZbCourier New (TT)3|xHP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSx  @,,PX@2XFZF<?xxx,2x6X@`7X@<R&HHH,,H6X@`7h@ 'A CourierTimes New Roman BoldTimes New Roman$// M0&0, James A. Kay, Jr., FOIA No. 94248, FCC 9562 //$ $/ 400.05552 Public Information; agency rules, opinions, /$ $/ 0.457 Records not routinely available for public inspection /$ $///FCC 9562 3/21/95///$T ///newjob/// Before the d\ Federal Communications Commission FCC 9562 <Washington, DC 20554  ?<In the Matter ofhh@) x` `  hh@)  ?( <JAMES A. KAY, Jr.hh@)hFOIA Control No. 94248 x` `  hh@) x` `  hh@)  ? <On Request for Inspection@)  ?H <of Records hh@) \ MEMORANDUM OPINION AND ORDER Adopted: February 17, 1995; Released:March 24, 1995 xBy the Commission:  ?P< x x1. Before the Commission is an Application for Review filed by James A. Kay, Jr., seeking review of an August 26, 1994, ruling by the Chief, Field Operations Bureau ("FOB"), which  ?p<denied Kay's Freedom of Information Act ("FOIA") request. See 5 U.S.C. Section 552. In his request, Kay sought disclosure of (1) any complaints regarding the operation of SMRS station WNWK982, and (2) the case file regarding the inspection of station WNWK982. x2. FOB informed Kay that the release of any records relevant to his request could reasonably be expected to interfere with an enforcement proceeding. Accordingly, FOB denied access  ?x<to the records pursuant to Exemption 7(A) of the FOIA. See 5  ?@<U.S.C. Section 552(b)(7)(A).@ ?!< x;<ЍExemption 7(A) of the FOIA provides that documents are exempt  x<from disclosure if they are "records or information compiled for  x<law enforcement purposes, but only to the extent that the  x<information . . . could reasonably be expected to interfere with enforcement proceedings." 5 U.S.C. 552(7)(A). See also 47 C.F.R. 0.457(g)(1) (records not normally available to the public). x3. On appeal, Kay maintains for the first time that his representative read the inspection report created by an FOB engineer during an examination of WNWK982. He urges the Commission to release this report because it "contains only"#x0*0*0* +" written details of the inspection and no deliberative  ?<materials."( 5 ? < xK<ЍKay also submits certain FCC records which he believes were  x0<withheld by FOB pursuant to the instant FOIA request. Kay  x<indicates in his Application for Review that he obtained these  x<documents pursuant to earlier FOIA requests. He asks the  x <Commission to confirm that these documents were withheld or,  x<alternatively, to provide him with a Vaughn list describing the  x<withheld documents. None of the documents submitted by Kay, which  x<had been provided in response to earlier FOIA requests, were  ?` < xw<withheld by the FOB in conjunction with this request. We note that  ?( < x<a Vaughn index is not required with regard to Exemption 7(A). See  ? < x<NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 236 (1978); In re  ? < x <Dept. of Justice, 999 F.2d 1302, 1309 (8th Cir. 1993), cert.  ? <denied, 114 S.Ct. 1186 (1994). Kay does not appear to contest FOB's decision to withhold the case file. x4. Kay's request to release the inspection report in its entirety is denied. To do otherwise would reveal the direction of the Commission's ongoing investigation, which could reasonably  ?x<be expected to interfere with that investigation.!x 5 ?< x<ЍWe note that on November 8, 1994, the United States District  x<Court for the District of Columbia upheld the Commission's refusal  x<to release certain documents to Kay under a different FOIA suit on  x<the basis that their release would interfere with the agency's  ?< x<ongoing investigation of Kay. See James A. Kay, Jr. v. FCC, Civil No. 941105 (CRR), 1994 WESTLAW 630866 (Nov. 8, 1994).! See Mapother  ?@<v. Dept. of Justice, 3 F.3d 1533, 154243 (D.C. Cir. 1993); Lewis  ?<v. IRS, 823 F.2d 375, 37879 (9th Cir. 1987). However, we are mindful of our obligation to disclose reasonably segregable non ?<exempt information contained in protected documents. See Thomas  ?` <B. Hamrick, 2 FCC Rcd 6680  4 (1987). We conclude that disclosure of the portion of the inspection report shown to Kay's representative is not within any FOIA exemption, and therefore that portion will be disclosed. After reviewing the case file, we also believe that the Bureau erroneously withheld FOB's Mobile Operations Log and accompanying illustrations, and various publicly available computer printouts. We therefore order these documents released to Kay. x5. In light of the above reasons, IT IS ORDERED that the Application for Review filed by James A. Kay, Jr., IS GRANTED to the limited extent indicated herein, and in all other respects is DENIED. Judicial review of this action may be sought pursuant to  ?<XxP5 U.S.C. Section 552(a)(4)(B). h@h@h@(# "800*0*0*"Ԍ xThe Officials responsible for this action are the following Commissioners: Reed E. Hundt, Chairman, James H. Quello, Andrew C. Barrett, Rachelle B. Chong and Susan Ness. x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  William F. Caton x` `  Secretary