Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules 26477

inquiry, expected duration of

proceedings requiring oral testimony,

and identification of potentially relevant

documents.

(c) ACDA’s General Counsel, or his/

her delegate, will notify the ACDA

employee and such other persons as

circumstances may warrant of the

decision regarding compliance with the

request or demand.

(d) The Office of the General Counsel

will consult with the Department of

Justice regarding legal representation for

ACDS employees in appropriate cases.

§ 608.6 Procedure when response to

demand is required prior to receiving

instructions.

(a) If a response to a demand is

required before ACDA’s General

Counsel, or his/her delegate, renders a

decision, ACDA will request that either

a Department of Justice attorney or an

ACDA attorney designated for the

purpose:

(1) Appear with the employee upon

whom the demand has been made;

(2) Furnish the court or other

authority with a copy of the regulations

contained in this part;

(3) Inform the court or other authority

that the demand has been or is being, as

the case may be, referred for the prompt

consideration of ACDA’s General

Counsel, or his/her delegate; and

(4) Respectfully request the court or

authority to stay the demand pending

receipt of the requested instructions.

(b) In the event that an immediate

demand for production or disclosure is

made in circumstances that would

preclude the proper designation or

appearance of a Department of Justice or

ACDA attorney on the employee’s

behalf, the employee shall respectfully

request the demanding court or

authority for a reasonable stay of

proceedings for the purpose of obtaining

instructions from ACDA.

§ 608.7 Procedure in the event of an

adverse ruling.

If the court or other judicial or quasijudicial authority declines to stay the

effect of the demand in response to a

request made pursuant to § 608.6, or if

the court or other authority rules that

the demand must be complied with

irrespective of the Agency’s instructions

not to produce the material or disclose

the information sought, the employee

upon whom the demand has been made

shall respectfully decline to comply

with the demand, citing these

regulations and United States ex rel.

Touhy v. Ragen, 340 U.S. 463 (1951).

§ 608.8 Considerations in determining

whether the Agency will comply with a

demand or request.

(a) In deciding whether to comply

with a demand or request, ACDA

officials and attorneys shall consider,

among others:

(1) Whether such compliance would

be unduly burdensome or otherwise

inappropriate under the applicable rules

of discovery or the rules of procedure

governing the case or matter in which

the demand arose;

(2) Whether compliance is

appropriate under the relevant

substantive law concerning privilege or

disclosure of information;

(3) The public interest;

(4) The need to conserve the time of

ACDA employees for the conduct of

official business;

(5) The need to avoid spending the

time and money of the United States for

private purposes;

(6) The need to maintain impartiality

between private litigants in cases where

a substantial government interest is not

implicated;

(7) Whether compliance would have

an adverse effect on performance by

ACDA of its mission and duties; and

(8) The need to avoid involving ACDA

in controversial issues not related to its

mission.

(b) Among those demands and

requests in response to which

compliance will not ordinarily be

authorized are those with respect to

which, inter alia, any of the following

factors exist:

(1) Compliance would violate a

statute or a rule of procedure;

(2) Compliance would violate a

specific regulation or executive order;

(3) Compliance would reveal

information properly classified in the

interest of national security;

(4) Compliance would reveal

confidential commercial or financial

information or trade secrets without the

owner’s consent;

(5) Compliance would reveal the

internal deliberative processes of the

Executive Branch; or

(6) Compliance would potentially

impede or prejudice an ongoing law

enforcement investigation.

§ 608.9 Prohibition on providing expert or

opinion testimony.

(a) Except as provided in this section,

and subject to 5 CFR 2635.805, ACDA

employees shall not provide opinion or

expert testimony based upon

information which they acquired in the

scope and performance of their official

ACDA duties, except on behalf of the

United States or a party represented by

the Department of Justice.

(b) Upon a showing by the requester

of exceptional need or unique

circumstances and that the anticipated

testimony will not be adverse to the

interests of the United States, ACDA’s

General Counsel, or his/her delegate,

may, consistent with 5 CFR 2635.805, in

the exercise of discretion, grant special,

written authorization for ACDA

employees to appear and testify as

expert witnesses at no expense to the

United States.

(c) If, despite the final determination

of ACDA’s General Counsel, a court of

competent jurisdiction or other

appropriate authority orders the

appearance and expert or opinion

testimony of an ACDA employee, such

employee shall immediately inform the

Office of General Counsel of such order.

If the Office of the General Counsel

determines that no further legal review

of or challenge to the court’s order will

be made, the ACDA employee shall

comply with the order. If so directed by

the Office of the General Counsel,

however, the employee shall

respectfully decline to testify. See

United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951).

Dated: May 17, 1996.

Mary Elizabeth Hoinkes,

General Counsel.

[FR Doc. 96–13194 Filed 5–24–96; 8:45 am]

BILLING CODE 6820–32–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Parts 925, 926, 931, 934, 935,

936, 938, 943, 944, 946, 948 and 950

RIN 1029–AB87

State Program Amendments

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

proposing to amend its regulations by

revising the information currently

reported in the Code of Federal

Regulations (CFR) regarding the OSM

Director’s approval of amendments to

State regulatory programs and

abandoned mine land reclamation plans

(hereafter State program amendments).

A companion rule, State Program

Amendments (I), was proposed revising

the information reported at 30 CFR parts

901 through 920. As with the prior

rulemaking, the information regarding

the Director’s approval of State program
26478 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules

amendments would be condensed to a

tabular presentation depicting the dates

when State program amendments were

originally submitted to OSM and the

dates the OSM Director’s decision

approving all or portions of these

amendments were published in the

Federal Register. This rulemaking

would further reduce the number of

unnecessary pages in the CFR. As

always, people interested in getting

copies of the full text of the amended

State regulatory program or abandoned

mine land reclamation plan could

contact the State regulatory authority

office or the OSM field office with

oversight authority for that State.

DATES: Written comments: We will

accept written comments on the

proposed rule until 5:00 p.m. Eastern

time on July 29, 1996.

Public hearings: We will accept

requests for a public hearing until 4:00

p.m. Eastern time on June 27, 1996.

People who want to attend but not

testify at the hearing, must contact the

person listed under FOR FURTHER

INFORMATION CONTACT, beforehand to

verify that we will hold a hearing. Any

disabled individuals who need special

accommodations to attend a public

hearing should also contact the person

listed under FOR FURTHER INFORMATION

CONTACT.

ADDRESSES: Written comments: Please

hand-deliver to the Office of Surface

Mining Reclamation and Enforcement,

Room 120, 1951 Constitution Ave. NW.,

Washington, DC, or mail to the Office of

Surface Mining Reclamation and

Enforcement, Administrative Record,

SIB 120, 1951 Constitution Ave. NW.,

Washington, DC 20240.

You may also send comments through

the Internet to OSM’s Administrative

Record. Our Internet address is:

OSMRulesOSMRE.GOV. We will file

copies of any electronic messages

received with our Administrative

Record.

Public hearings: You must contact the

person identified under FOR FURTHER

INFORMATION CONTACT by the time

required under DATES to request a public

hearing.

FOR FURTHER INFORMATION CONTACT:

John A. Trelease, Rules and Legislation

Staff, Office of Surface Mining

Reclamation and Enforcement, 1951

Constitution Avenue NW., Washington

DC 20240; Telephone (202) 208–2783.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Discussion of Proposed Rules

Why is this rule being written?

What would change?

How do I get a copy of State program

amendments?

III. Procedural Matters

I. Public Comment Procedures

Written Comments

If you are submitting written

comments on the proposed rule please

be specific, limit your comments to

issues pertinent to the proposed rule,

and explain the reason for your

recommendations. If possible, please

submit three copies of your comments

to our Administrative Record (see

ADDRESSES). We may not consider your

comments for the final rule when

received after the close of the comment

period (see DATES) or delivered to

addresses other than those listed in

ADDRESSES.

Public Hearings

We will hold public hearings on the

proposed rule by request only. If no one

has contacted Mr. Trelease requesting a

hearing by the date listed in DATES, we

will not hold a hearing. We will hold a

public meeting instead of a hearing if

only one person expresses an interest.

We will include the results of all

meetings and hearings in our

Administrative Record.

If we hold a hearing, it will continue

until everyone who wants to testify is

heard. Please provide us with an

advanced copy of your testimony at the

address specified for the submission of

written comments (see ADDRESSES), and

a copy of the transcriber when you

arrive at the hearing. This will assist us

in preparing appropriate questions, and

ensure that the transcriber provides us

with an accurate record of the

testimony.

II. Discussion of Rule

Why Is This Rule Being Written?

On March 4, 1995, the President

announced a government-wide

Regulatory Reinvention Initiative. The

President directed each agency to

conduct a page-by-page review of its

regulations for the purpose of

eliminating or revising those that are

outdated or otherwise in need of reform.

As part of that effort, OSM is

considering several means of reducing

the number of pages in the CFR.

This rulemaking would result in a

reduction of approximately 50 pages

from the CFR and reduce future printing

costs for the government, and contribute

to on-going efforts to make the CFR a

more readable document.

What Would Change?

The OSM Director’s approval or

approval in part of State program

amendments is published in the Federal

Register and codified in the CFR. The

regulatory text documenting such

decisions usually contains topical

outlines of the amendments and

associated program citations, the dates

the amendments were submitted to

OSM, and the dates the amendments

became effective. Under the revised

procedures of this rulemaking, the

regulatory text for 30 CFR parts 925,

926, 931, 934, 935, 936, 938, 943, 944,

946, 948 and 950 would be limited to

a tabular presentation of the dates that

States submitted amendments, and the

dates the amendments were published

in the Federal Register after approval,

or partial approval, by the OSM

Director. A companion rule was

proposed on May 8, 1996 (61 FR 20768),

revising the information reported at 30

CFR parts 901 through 920.

OSM believes that there is no

compelling public need to codify all of

the information currently found in the

regulatory text of State program

amendment approvals. Although the

topical outline of an approved

amendment may be a convenient

reference for members of the public who

want to begin their research of

particular provisions of that program

amendment, OSM believes that the

public would still find it necessary to

refer back to the final rule’s Federal

Register notice for a thorough preamble

discussion of those provisions. As

always, those people who would like

copies of the full text of the State

program amendment may contact the

State regulatory authority office or the

OSM field office with oversight

authority for that State.

How Do I Get a Copy of State Program

Amendments?

Copies of approved State program

amendments may be obtained by

contacting the State regulatory authority

or the local OSM field office with

oversight authority for that State.

Addresses for these offices are found in

parts 900 through 950 of the CFR with

their respective State programs.

II. Procedural Matters

Federal Paperwork Reduction Act

This rule does not contain collections

of information which require approval

by the Office of Management and

Budget under 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

The Department of the Interior

certifies that this revision would not

have a significant economic impact on

a substantial number of small entities
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules 26479

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Unfunded Mandates

This rule imposes no unfunded

mandates on any government or private

entity and is in compliance with the

provisions of the Unfunded Mandates

Act of 1995.

National Environmental Policy Act

This rule has been reviewed by OSM

and it has been determined to be

categorically excluded from the

National Environmental Policy Act

(NEPA) process in accordance with the

Departmental Manual 516 DM 6,

Appendix 8.4.A.(2).

Executive Order 12866

This rule is not significant under

Executive Order 12866 and does not

require review by the Office of

Management and Budget.

Executive Order 12988

This proposed rule has been reviewed

under the applicable standards of

Section 3(b)(2) of Executive Order

12988, Civil Justice Reform (61 FR

4729). In general, the requirements of

Section 3(b)(2) of Executive Order 12988

are covered by the preamble discussion

of this proposed rule. Additional

remarks follow concerning individual

elements of the Executive Order:

A. What is the preemptive effect, if

any, to be given to the regulation?

The proposed rule would have no

preemptive effect.

B. What is the effect on existing

Federal law or regulation, if any,

including all provisions repealed or

modified?

This rule does not modify the

implementation of SMCRA, nor does it

modify the implementation of any other

Federal statute. The preceding

discussion of this rule specifies the

Federal regulatory provisions that are

affected by this rule.

C. Does the rule provide a clear and

certain legal standard for affected

conduct rather than a general standard,

while promoting implication and

burden reduction?

The standards established by this rule

are so clear and certain as practicable,

given the complexity of the topics

covered and the mandates of SMCRA.

D. What is the retroactive effect, if

any, to be given to the regulation?

This rule is not intended to have

retroactive effect.

E. Are administrative proceedings

required before parties may file suit in

court? Which proceedings apply? Is the

exhaustion of administrative remedies

required?

No administrative proceedings are

required before parties may file suit in

court challenging the provisions of this

rule under section 526(a) of SMCRA, 30

U.S.C. 1276(a).

Prior to any judicial challenge to the

application of the rule, however,

administrative procedures must be

exhausted. In situations involving OSM

application of the rule, applicable

administrative procedures may be found

at 43 CFR Part 4. In situations involving

State regulatory authority application of

provisions equivalent to those contained

in this rule, applicable administrative

procedures are set forth in the particular

State program.

F. Does the rule define key terms,

either explicitly or by reference to other

regulations or statutes that explicitly

define those items?

Terms which are important to the

understanding of this rule are set forth

in 30 CFR 700.5 and 701.5.

G. Does the rule address other

important issues affecting clarity and

general draftsmanship of regulations set

forth by the Attorney General, with the

concurrence of the Director of the Office

of Management and Budget, that are

determined to be in accordance with the

purposes of the Executive Order?

As of the date of publication, the

Attorney General and the Director of the

Office of Management and Budget have

not issued any guidance on this

requirement.

List of Subjects in 30 CFR Parts 925,

926, 931, 934, 935, 936, 938, 943, 944,

946, 948 and 950

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 20, 1996.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons set out in the

preamble, 30 CFR Parts 925, 926, 931,

934, 935, 936, 938, 943, 944, 946, 948

and 950 are proposed to be amended as

follows.

PART 925—MISSOURI

1. The authority citation for part 925

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 925.15 is revised to read as

follows:

§ 925.15 Approval of Missouri regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

December 3, 1980

and March 12,

1981.

July 23, 1982.

September 7, 1982

and October 13,

1982.

January 17, 1983.

April 13, 1983 ............ May 8, 1984.

March 13, 1986 ......... January 7, 1987.

February 4, 1987 ....... February 26, 1988.

June 22, 1987 ........... June 16, 1988.

December 14 and 18,

1987.

October 31, 1988.

August 3, 1988 .......... December 11, 1989.

July 8, 1988 ............... January 8, 1990.

March 18, 1988 ......... June 5, 1990.

June 5, 1989 ............. July 6, 1990.

July 21, 1989 ............. October 30, 1990.

January 12, 1989 ...... January 3, 1991.

July 8, 1988 and January 12, 1988.May 8, 1991.

November 8, 1991 .... September 24, 1992.

October 10, 1990 ...... September 29, 1992.

October 19, 1992 ...... December 6, 1993.

September 24, 1993 April 22, 1994.

February 10, 1995 ..... July 13, 1995.

3. Section 925.25 is revised to read as

follows:

§ 925.25 Approval of Missouri abandoned

mine land reclamation plan amendments.

(a) You may receive copies of the

Missouri abandoned mine land

reclamation plan and amendments from

the:

(1) Missouri Department of Natural

Resources, Land Reclamation Program,

205 Jefferson Street, P.O. Box 176,

Jefferson City, MO 65102; or

(2) Office of Surface Mining

Reclamation and Enforcement, MidContinent Regional Coordinating Center,

Alton Federal Building, 501 Belle Street,

Alton, IL 62002.

(b) The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

June 22, 1987 ........... June 16, 1988.

August 22, 1988 ........ March 15, 1989.

November 29, 1994 August 24, 1995.

PART 926—MONTANA

4. The authority citation for part 926

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

5. Section 926.15 is revised to read as

follows:
26480 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules

§ 926.15 Approval of Montana regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

September 13, 1983 January 3, 1984.

April 2, 1984 .............. January 3, 1985.

January 3, 1984 ........ November 18, 1985.

July 3, 1985 ............... February 14, 1986.

April 23, 1987 ............ December 31, 1987.

December 21, 1988 May 11, 1990.

June 19, 1990 ........... March 20, 1991 and

August 19, 1992.

October 19, 1992 ...... February 25, 1994.

June 16, 1993 and

July 28, 1993.

February 1, 1995.

6. Section 926.25 is added to read as

follows:

§ 926.25 Approval of Montana abandoned

mine land reclamation plan amendments.

(a) Montana certification of

completing all known coal-related

impacts is accepted, effective July 9,

1990.

(b) The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

April 20, 1983 ............ September 19, 1983.

March 22, 1995 ......... July 19, 1995.

PART 931—NEW MEXICO

7. The authority citation for part 931

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

8. Section 931.15 is revised to read as

follows:

§ 931.15 Approval of New Mexico

regulatory program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

February 28, 1982 ..... May 27, 1982.

July 9, 1982 ............... October 26, 1982.

February 8, 1984 ....... August 1, 1984.

June 6, 1984 ............. January 4, 1985.

June 20, 1984 and

July 18, 1984.

January 31, 1985.

Original amendment

submission date

Date of final

publication

August 12, 1987 ........ February 11, 1988.

September 1, 1988 ... January 30, 1989.

June 17, 1987 ........... March 9, 1989.

April 18, 1988 and

October 20, 1988.

March 17, 1989.

February 21, 1989

and August 17,

1989.

December 26, 1989.

March 29, 1989 and

April 26, 1989.

April 26, 1990.

May 25, 1989 ............ November 23, 1990.

July 22, 1989 ............. February 26, 1991.

April 24, 1990 ............ June 21, 1991.

March 15, 1990 ......... December 31, 1991.

July 9, 1991 ............... April 13, 1992.

November 22, 1991 June 23, 1992.

January 16, 1991 ...... December 17, 1993.

October 26, 1994 ...... February 15, 1995.

PART 934—NORTH DAKOTA

9. The authority citation for part 934

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

10. Section 934.15 is revised to read

as follows:

§ 934.15 Approval of North Dakota

regulatory program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

July 30, 1982 ............. February 9, 1983 and

November 9, 1983.

February 2, 1984 ....... July 19, 1984.

February 27, 1984 ..... January 3, 1985.

June 18, 1985 ........... February 18, 1986.

May 30, 1986 ............ October 21, 1986.

September 8, 1986 ... December 9, 1986.

April 3, 1987 .............. November 16, 1987.

February 10, 1987 ..... February 2, 1988.

June 1, 1988, ............ March 10, 1989.

April 11, 1989 ............ August 4, 1989.

November 1, 1988 .... January 19, 1990.

November 20, 1990. January 9, 1992.

June 12, 1991 and

November 19, 1991.

August 20, 1992.

April 21, 1993 ............ March 15, 1994 and

July 22, 1994.

October 22, 1993 ...... July 22, 1994.

November 10, 1994. April 13, 1995.

February 17, 1994 ..... July 14, 1995.

11. Section 934.25 is revised to read

as follows:

§ 934.25 Approval of North Dakota

abandoned mine land reclamation plan

amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Orginal amendment

submission date

Date of final publication

March 4, 1983 ........... June 24, 1983.

September 15, 1987 June 16, 1988.

October 31, 1991 ...... July 27, 1992.

May 25, 1993 ............ September 27, 1993.

PART 935—OHIO

12. The authority citation for part 935

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

13. Section 935.15 is revised to read

as follows:

§ 935.15 Approval of Ohio regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

September 16, 1982 January 17, 1983.

October 13, 1982 ...... January 31, 1983 and

July 22, 1983.

January 6, 1983 ........ May 24, 1983.

June 10, 1983, August 11, 1983 and

August 22, 1983.

October 6, 1983.

July 18, 1983 ............. October 13, 1983.

January 30, 1984 ...... April 23, 1984.

February 8, 1984 ....... May 1, 1984.

December 28, 1983 June 5, 1984.

March 5, 1984 ........... August 8, 1984.

June 15, 1984 ........... September 25, 1984.

July 23, 1984 ............. November 1, 1984.

March 9, 1984 ........... November 7, 1984.

September 17, 1984 December 31, 1984.

July 10 and 23, 1984 March 18, 1985.

July 11, 1984 and

July 23, 1984.

May 23, 1985.

July 3, 1985 ............... September 18, 1985.

November 15, 1985 April 9, 1986 and

June 9, 1986.

January 15, 1986 ...... May 6, 1986.

October 26, 1985 ...... July 17, 1986.

November 6, 1984 .... July 28, 1986.

March 3, 1986 ........... September 18, 1986.

July 10, 1986 ............. October 29, 1986.

October 8, 1986 ........ March 5, 1987.

December 1, 1986

and January 13,

1987.

July 17, 1987.

May 16, 1986 ............ July 17, 1987.

January 28, 1987 ...... August 10, 1987.

June 26, 1987 ........... December 9, 1987.

January 16, 1987 ...... March 10, 1988.

October 16, 1987 ...... May 27, 1988.

March 24, 1988 and

August 23, 1988.

December 22, 1988.

March 8, 1988 and

July 1, 1988.

January 30, 1989.

April 17, 1987 ............ February 21, 1989.

November 3, 1987 .... December 15, 1989.

January 26, 1989 ...... January 31, 1990.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules 26481

Original amendment

submission date

Date of final

publication

October 2, 1989 ........ April 20, 1990.

August 11, 1989 ........ June 5, 1990.

December 5, 1989 .... July 20, 1990.

October 20, 1988 ...... July 25, 1990.

May 11, 1990 ............ August 21, 1990.

March 1, 1989 ........... September 18, 1990.

January 20, 1989 ...... September 24, 1990.

May 11, 1990 ............ February 21, 1991.

December 7, 1990 .... February 26, 1991.

June 15, 1990 ........... April 19, 1991.

January 31, 1991 ...... May 21, 1991 and

June 6, 1991.

March 1, 1991 ........... May 30, 1991.

January 31, 1989 ...... October 21, 1991.

August 23, 1991 ........ December 9, 1991.

November 16, 1987

and October 12,

1990.

April 13, 1992.

January 16, 1990 ...... July 27, 1992.

July 22, 1991 and

September 10,

1991.

August 18, 1992.

May 12, 1992 ............ September 11, 1992.

December 11, 1991 October 28, 1992.

June 30, 1992 ........... January 12, 1993.

May 12, 1992 and

June 22, 1992.

January 14, 1993.

December 9, 1992 .... April 23, 1993.

February 7, 1992 and

March 2, 1992.

June 11, 1993.

April 5, 1993 .............. June 22, 1993.

February 11, 1993 ..... August 16, 1993.

January 15, 1993 ...... September 3, 1993.

May 1, 1992 and

June 11, 1993.

May 2, 1994.

May 17, 1994 ............ July 27, 1994.

March 15, 1993 ......... September 1, 1994.

February 23, 1994 ..... October 12, 1994.

March 4, 1993 ........... November 15, 1994.

July 19, 1994 ............. May 11, 1995.

May 17, 1994 ............ May 12, 1995.

September 22, 1994 July 17, 1995.

March 28, 1995 ......... July 25, 1995.

February 2, 1995 ....... November 9, 1995.

14. Section 935.25 is revised to read

as follows:

§ 935.25 Approval of Ohio abandoned

mine land reclamation plan amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

January 6, 1983 ........ May 24, 1983.

April 2, 1984 .............. November 19, 1984.

August 20, 1986 ........ August 17, 1987.

October 2, 1989 ........ April 20, 1990.

February 19, 1992 ..... September 24, 1992.

PART 936—OKLAHOMA

15. The authority citation for part 936

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

16. Section 936.15 is revised to read

as follows:

§ 936.15 Approval of Oklahoma regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

January 22, 1982 ...... April 2, 1982.

February 22, 1983 ..... May 4, 1983.

May 13, 1983 ............ August 28, 1984.

July 8, 1983 ............... March 18, 1985.

July 16, 1985 ............. December 10, 1985.

August 15, 1985 ........ January 14, 1986.

September 11, 1985 January 16, 1986.

August 8, 1985 .......... April 28, 1986.

May 18, 1988 ............ March 27, 1990 and

May 15, 1990.

March 30, 1990 ......... December 18, 1990

and February 15,

1991.

June 21, 1990 ........... January 9, 1991.

February 6, 1992 ....... December 7, 1993.

February 17, 1994 ..... January 10, 1995.

Septemver 14, 1994 March 10 and 29,

1995.

July 5, 1995 ............... November 9, 1995.

PART 938—PENNSYLVANIA

17. The authority citation for part 938

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

18. Section 938.15 is revised to read

as follows:

§ 938.15 Approval of Pennsylvania

Regulatory program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register.

Original amendment

submission date

Date of final

publication

April 26, 1983 and

May 12, 1983.

October 5, 1983.

August 1, 1983 .......... January 4, 1984.

January 17, 1984 ...... March 20, 1984.

October 31, 1983 ...... May 15, 1984 and

July 3, 1984.

March 30, 1984 ......... November 27, 1984.

March 2, 1984 ........... April 4, 1985.

April 19, 1985 ............ August 15, 1985.

April 16, 1985 ............ November 4, 1985.

September 5, 1985 ... February 19, 1986.

November 2, 1984 .... May 19, 1986.

September 30, 1985 September 8, 1986.

April 18, 1985 ............ June 18, 1987.

January 22, 1987 ...... July 14, 1987.

April 14, 1987 ............ October 27, 1988.

December 5, 1988 .... July 14, 1989.

August 17, 1988 ........ August 18, 1989.

Original amendment

submission date

Date of final

publication

August 21, 1986 ........ November 3, 1989.

December 22, 1989 May 31, 1991.

September 24, 1986 October 24, 1991.

May 27, 1992 ............ October 28, 1992.

June 2, 1992 ............. November 16, 1992.

December 18, 1991 December 30, 1992,

January 14, 1993

and April 8, 1993.

February 18, 1993 ..... July 6, 1993.

March 9, 1993 ........... December 6, 1993.

May 11, 1993 ............ July 20, 1994.

October 24, 1994 ...... April 3, 1995.

19. Section 938.25 is revised to read

as follows:

§ 938.25 Approval of Pennsylvania

abandoned mine land reclamation plan

amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final publication

April 17, 1992 ............ October 30, 1992.

PART 943—TEXAS

20. The authority citation for part 943

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

21. Section 943.15 is revised to read

as follows:

§ 943.15 Approval of Texas regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

March 27, 1980 ......... November 26, 1980.

September 18, 1981 June 3, 1982.

August 31, 1984 ........ July 9, 1985.

August 24, 1988 ........ December 11, 1989.

June 24, 1991 ........... February 19, 1992.

December 23, 1991 April 17, 1992.

September 12, 1989 May 21, 1992.

September 22, 1989 August 19, 1992.

February 8, 1993 ....... March 21, 1994.

May 24, 1994 ............ March 27, 1995.

August 11, 1995 ........ December 13, 1995.

22. Section 943.25 is revised to read

as follows:
26482 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules

§ 943.25 Approval of Texas abandoned

mine land reclamation plan amendments.

(a) Texas certification of completing

all known coal-related impacts is

accepted, effective August 19, 1992.

(b) The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

May 11, and May 26,

1989.

August 19, 1992.

PART 944—UTAH

23. The authority citation for part 943

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

24. Section 944.15 is revised to read

as follow:

§ 944.15 Approval of Utah regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

June 29, 1981 ........... June 22, 1982.

May 21, 1981 ............ September 27, 1982.

August 26, 1982 ........ December 13, 1982.

December 3, 1982 .... March 7, 1983.

February 6, 1984 ....... August 29, 1984 and

December 18,

1985.

August 13, 1984 ........ December 3, 1985.

October 9, 1985 ........ January 16, 1986.

January 21, 1985 ...... June 10, 1986.

March 3, 1986 ........... July 28, 1986.

September 3, 1986 ... January 28, 1987.

January 8, 1988 ........ March 28, 1988.

September 24, 1987 August 18, 1988.

August 11, 1989 ........ April 12, 1990.

November 13, 1989 August 13, 1990.

October 10, 1990 ...... January 29, 1991.

July 3, 1990 ............... August 23, 1991.

March 1, 1991 ........... November 22, 1991.

December 30, 1991 May 11, 1992.

July 26, 1991 ............. August 19, 1992.

November 20, 1991 September 11, 1992.

November 5, 1992 .... March 30, 1993.

April 30, 1992 ............ September 17, 1993.

September 17, 1992 April 7, 1994.

March 7, 1994 ........... May 24, 1994 and

September 27,

1994.

August 2, 1993 .......... July 11, 1994.

January 27, 1994 ...... September 27, 1994.

September 9, 1994 ... March 27, 1995.

February 10, 1995 ..... May 2, 1995.

November 12, 1993 May 30, 1995.

April 14, 1994 ............ July 19, 1995.

February 6, 1995 ....... September 14, 1995.

25. Section 944.25 is revised to read

as follows:

§ 944.25 Approval of Utah abandoned

mine land reclamation plan amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final publication

July 26, 1991 ............. August 19, 1992.

March 7, 1994 ........... September 27, 1994.

April 14, 1994 ............ July 19, 1995.

PART 946—VIRGINIA

26. The authority citation for part 946

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

27. Section 946.15 is revised to read

as follows:

§ 946.15 Approval of Virginia regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of

final publication

January 28, 1982 ...... July 21, 1982.

July 9, 1982 ............... August 19, 1982.

July 8, 1982 ............... September 21, 1982.

August 13, 1982 ........ December 13, 1982.

September 30, 1982 January 18, 1983.

December 20, 1982 February 28, 1983.

March 22, 1983 ......... April 21, 1983 and

June 6, 1983 and

June 20, 1983.

July 9, 1982 ............... April 22, 1983.

May 20, 1983 ............ December 27, 1983.

July 27, 1983 ............. March 16, 1984.

February 10, 1984 ..... May 8, 1984.

April 11, 1984 ............ August 2, 1984.

June 13, 1984 ........... August 31, 1984.

February 20, 1985 ..... May 8, 1985.

May 1985 .................. August 15, 1985.

September 4, 1985 ... November 18, 1985.

November 8, 1985 .... November 25, 1986.

March 20, 1987 ......... July 17, 1987.

January 16, 1987 ...... August 17, 1987.

June 15, 1987 and

July 2, 1987.

December 31, 1987.

September 1, 1987 ... March 7, 1988.

September 10, 1987 June 16, 1988.

June 30, 1989 ........... December 1, 1989.

July 5, 1989 ............... February 2, 1990.

April 6, 1988 .............. February 5, 1990.

August 31, 1990 ........ December 7, 1990.

September 12, 1990 December 26, 1990.

June 29, 1990 ........... January 4, 1991.

April 5, 1991 and May

1, 1991.

August 5, 1991.

October 1, 1990 ........ July 7, 1992.

Original amendment

submission date

Date of

final publication

May 6, 1993 .............. September 24, 1993.

October 22,1993 ....... September 27, 1994.

October 31, 1994 ...... August 8, 1995.

28. Section 946.25 is revised to read

as follows:

§ 946.25 Approval of Virginia abandoned

mine land reclamation plan amendments.

(a) The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

November 8, 1985 .... November 25, 1986.

February 3, 1987 ....... November 13, 1987.

(b) You may receive a copy from:

(1) Virginia Division of Mined Land

Reclamation, P.O. Drawer 900, Big

Stone Gap, Virginia 24219, or

(2) Office of Surface Mining

Reclamation and Enforcement, Big

Stone Gap Field Office, P.O. Drawer

1216, Powell Valley Square Shopping

Center, room 220, Route 23, Big Stone

Gap, Virginia 24219.

PART 948—WEST VIRGINIA

29. The authority citation for part 948

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

30. Section 948.15 is revised to read

as follows:

§ 948.15 Approval of West Virginia

regulatory program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

October 29, 1981 ...... May 11, 1982.

June 17, 1982 ........... September 10, 1982.

September 14, 1982

and October 29,

1982.

March 1, 1983.

February 16, 1983,

April 29, 1983,

June 15, 1983 and

September 13,

1983.

November 16, 1983.

January 12, 1984 ...... September 20, 1984.

November 20, 1984 April 23, 1985.

March 30, 1984, October 30, 1984,

May 20, 1985 and

June 14, 1985.

July 11, 1985.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Proposed Rules 26483

Original amendment

submission date

Date of final

publication

November 11, 1985 March 20, 1986.

June 30, 1986 and

April 26, 1986.

May 23, 1990.

June 29, 1990 ........... October 4, 1991.

July 12, 1991 ............. November 19, 1991.

July 30, 1993 ............. August 16, 1995.

June 28, 1993 ........... October 4, 1995 and

February 21, 1996.

31. Section 948.25 is revised to read

as follows:

§ 948.25 Approval of West Virginia

abandoned mine land reclamation plan

amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

May 20, 1985 ............ July 11, 1985.

December 30, 1987 August 26, 1988.

September 17, 1991

and October 25,

1991.

March 26, 1993.

PART 950—WYOMING

32. The authority citation for part 950

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

33. Section 950.15 is revised to read

as follows:

§ 950.15 Approval of Wyoming regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

March 26, 1981 and

April 8, 1981.

February 18, 1982.

May 26, 1982 ............ September 27, 1982.

March 3, 1983, March

8, 1983 and March

21, 1983.

November 9, 1983.

June 25, 1984 ........... February 28, 1985.

September 21, 1984 December 3, 1985.

October 12, 1984 ...... December 13, 1985.

June 19, 1985 ........... January 2, 1986.

June 10, 1985 ........... March 31, 1986.

May 1, 1986 .............. November 24, 1986.

December 13, 1985 May 6, 1987.

March 31, 1989 ......... July 25, 1990.

May 1, 1986 .............. January 29, 1991.

March 21, 1991 ......... July 8, 1992.

June 24, 1991 ........... October 29, 1992.

March 19, 1993 ......... August 23, 1993.

July 8, 1992 ............... October 7, 1993.

Original amendment

submission date

Date of final

publication

July 24, 1992 ............. November 2, 1993.

August 18, 1982 and

March 9, 1993.

January 24, 1994.

December 15, and

August 6, 1993.

March 30, 1994.

May 1, 1986 .............. June 30, 1994.

April 13, 1994 ............ October 21, 1994.

November 8, 1994 .... March 17, 1995.

June 2, 1995 ............. September 14, 1995

34. Section 950.35 is revised to read

as follows:

§ 950.35 Approval of Wyoming abandoned

mine land reclamation plan amendments.

(a) Wyoming certification of

completing all known coal-related

impacts is accepted, effective May 25,

1984.

(b) The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment

submission date

Date of final

publication

December 16, 1991 April 13, 1992.

April 21, 1995 ............ February 21, 1996.

[FR Doc. 96–13260 Filed 5–24–96; 8:45 am]

BILLING CODE 4310–05–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Chapter I

[CC Docket No. 96–115, FCC 96–221]

Implementation of the

Telecommunications Act of 1996:

Telecommunications Carriers’ Use of

Customer Proprietary Network

Information and Other Customer

Information

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission is issuing

this Notice of Proposed Rulemaking

seeking comment on proposed

regulations to specify in more detail and

clarify the obligations of

telecommunications carriers with

respect to the use and protection of

customer proprietary network

information (CPNI) and other customer

information. The Notice is being issued

in response to formal and informal

requests for guidance as to local

exchange carriers’ responsibilities under

the Telecommunications Act of 1996.

The objective of the Notice of Proposed

Rulemaking is to provide an

opportunity for public comment and to

provide a record for a Commission

decision on the issues stated above.

DATES: Comments are due on or before

June 11, 1996 and Reply Comments are

due on or before June 26, 1996. Written

comments by the public on the

proposed and/or modified information

collections are due June 11, 1996.

Written comments must be submitted by

the Office of Management and Budget

(OMB) on the proposed and/or modified

information collections on or before July

29, 1996.

ADDRESSES: Comments and reply

comments should be sent to Office of

the Secretary, Federal Communications

Commission, 1919 M Street, NW., Room

222, Washington, DC 20554, with a copy

to Janice Myles of the Common Carrier

Bureau, 1919 M Street, NW., Room 544,

Washington, DC 20554. Parties should

also file one copy of any documents

filed in this docket with the

Commission’s copy contractor,

International Transcription Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications

Commission, Room 234, 1919 M Street,

NW., Washington, DC 20554, or via the

Internet to dconway@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725—17th Street, NW.,

Washington, DC 20503 or via the

Internet to fainlt@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Blaise Scinto, Attorney, Common

Carrier Bureau, Policy and Program

Planning Division, (202) 418–1380, or

Radhika Karmarkar, Attorney, Common

Carrier Bureau, Policy and Program

Planning Division, (202) 418–1628. For

additional information concerning the

information collections contained in

this NPRM contact Dorothy Conway at

202–418–0217, or via the Internet at

dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking adopted May 16,

1996 and released May 17, 1996 (FCC–

96–221). This NPRM contains proposed

or modified information collections

subject to the Paperwork Reduction Act

of 1995 (PRA). It has been submitted to

the Office of Management and Budget

(OMB) for review under the PRA. OMB,

the general public, and other Federal

agencies are invited to comment on the

proposed or modified information

collections contained in this

proceeding. The full text of this Notice