Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26461

List of Subjects in 30 CFR Part 925

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 8, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

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 amended by

adding paragraph (u) to read as follows:

§ 925.15 Approval of regulatory program

amendments.

* * * * *

(u) With the exception of that portion

of the Phase II/III Revegetation Success

Standards for Prime Farmland,

concerning the option to utilize county

averages of production as one method of

establishing a target yield for prime

farmland, the addition of the following

revegetation success guidelines: Phase

III Revegetation Success Standards for

Woodland; Phase III Success Standards

for Industrial/Commercial Revegetation;

Phase III Revegetation Success

Standards for Cropland; Phase III

Revegetation Success Standards for

Wildlife Habitat; Phase III Revegetation

Success Standards for Pasture and

Previously Mined Areas; Phase II/III

Revegetation Success Standards for

Prime Farmland; Phase III Revegetation

Success Standards for a Recreation land

use; Phase III Revegetation Success

Standards for Residential land use; and

the revision of the rules at 10 CSR 40–

3.120/3.270(6)(B) concerning specific

standards for postmining land uses, as

submitted to OSM on December 14,

1995, are approved effective May 28,

1996.

§ 925.16 [Amended]

3. Section 925.16 is amended by

removing and reserving paragraphs (a)

and (p)(6).

[FR Doc. 96–13263 Filed 5–24–96; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 936

[SPATS No. OK–015–FOR]

Oklahoma Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Oklahoma abandoned

mine land reclamation plan (hereinafter

referred to as the ‘‘Oklahoma plan’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Oklahoma proposed revisions and

additions to its rules and to sections of

the Oklahoma plan pertaining to

definitions, contractor responsibility,

eligible lands and waters, reclamation

project objectives and priorities, project

ranking, public participation,

organizational structure, and

coordination of reclamation with other

agencies. The amendment is intended to

revise the Oklahoma plan to be

consistent with the corresponding

Federal regulations and SMCRA, to

incorporate the additional flexibility

afforded by the revised Federal

regulations, and to improve operational

efficiency.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Jack R. Carson, Acting Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone: 918

581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Plan

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Oklahoma Plan

On January 21, 1982, the Secretary of

the Interior approved the Oklahoma

plan. Background information on the

Oklahoma plan, including the

Secretary’s findings, the disposition of

comments, and the approval of the plan

can be found in the January 21, 1982,

Federal Register (47 FR 2989).

Subsequent actions concerning

Oklahoma’s plan and amendments to

the plan can be found at 30 CFR 936.25.

II. Submission of the Proposed

Amendment

By letter dated November 13, 1995

(Administrative Record No. OAML–63),

Oklahoma submitted a proposed

amendment to its plan pursuant to

SMCRA. Oklahoma submitted the

proposed amendment in response to a

September 26, 1994, letter from OSM in

accordance with 30 CFR 884.15

(Administrative Record No. OAML–65)

and at its own initiative. Oklahoma

proposed to amend its administrative

rules at OAC 155:15, Oklahoma

Abandoned Mine Land Program, and its

reclamation plan at section 884.13(c)1,

Goals and Objectives; 884.13(c)2, Project

Ranking and Selection: 884.13(c)3,

Interagency Coordination; 884.13(c)5,

Eligible Lands and Waters; 884.13(c)7,

Public Participation; and 884.13(d)1,

Administrative and Management

Structure.

OSM announced receipt of the

proposed amendment in the December

21, 1995, Federal Register (60 FR

66244), and in the same document

opened the public comment period and

provided an opportunity for a public

hearing on the adequacy of the proposed

amendment. The public comment

period closed on January 22, 1996.

During its review of the amendment,

OSM identified concerns relating to

Oklahoma’s proposal to revise the

administrative regulations at OAC

155.15–1–5, Eligible Lands and Water,

and the Oklahoma plan at section

884.13(c)5, Eligible Lands and Water.

These revisions were intended to allow

expenditure of funds for reclamation of

certain lands and water affected by

mining after August 3, 1977, the

effective date of SMCRA. OSM notified

Oklahoma of the concerns by telephone

on March 15, 1996, and by telefax on

March 19, 1996 (Administrative Record

Nos. OAML–71 and OAML–72).

Oklahoma responded in a letter dated

March 21, 1996, by submitting revisions

to its amendment (Administrative

Record No. OAML–69).

Based upon the revisions to the

proposed plan amendment submitted by

Oklahoma, OSM reopened the public

comment period in the April 8, 1996,

Federal Register (61 FR 15435) and

provided opportunity for public

comment on the adequacy of the revised

amendment. The public comment

period closed on April 23, 1996.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

884.14 and 884.15, are the Director’s

findings concerning the proposed

amendment.

Revisions not specifically discussed

below concern nonsubstantive editorial

changes, punctuation, grammatical, or

revised cross-references and paragraph
26462 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

notations to reflect organizational

changes resulting from this amendment.

A. OAC 155:15, Oklahoma Abandoned

Mine Land Reclamation Program

1. OAC 155:15–1–2. This section is

amended to revise the definitions for

‘‘Act’’; ‘‘Fund’’; ‘‘Program’’; and

‘‘Secretary.’’ The revised definitions are

not inconsistent with the definition

contained in the Federal regulations at

30 CFR 870.5. Therefore, the Director is

approving the proposed revisions at

OAC 155:15–1–2.

2. OAC 155:15–1–3. This section is

changed to add subsection (4) that

requires all successful bidders for AML

construction contracts to be found

eligible to receive funding using the

OSM automated Applicant/Violator

System (AVS). This is a required

amendment as specified in the

September 26, 1994, letter from the

Director. The Director finds the

proposed provision is in compliance

with the requirements of the Federal

regulations at 30 CFR 874.16 and

875.20. Therefore, the Director is

approving the proposed revision to OAC

155:15–1–3.

3. OAC 155:15–1–5. Subsections (b),

(c), and (d) are added to OAC 155:15–

1–5. These subsections incorporate the

requirements of the Federal regulations

at 30 CFR 874.12 (d), (g), and (h). These

new subsections expand the definition

of lands and waters eligible for funding

to include certain sites mined after

August 4, 1977. Review of the original

amendment determined that the

Oklahoma plan or regulations must also

make provisions for the requirements of

30 CFR 874.12(e) and (f), in order for the

plan to be consistent with the

provisions of SMCRA and the Federal

regulations. OSM notified Oklahoma of

this concern on March 15, 1996, and

advised that the additional provisions

may be included in either the State

regulations at OAC 155:15–1–5 or in the

Oklahoma Plan. Oklahoma submitted an

additional revision to the plan on March

21, 1996.

The Director finds that the proposed

regulations at OAC 155:15–1–5 (b), (c),

and (d) are substantially the same as the

Federal counterpart regulations at 30

CFR 874.12 (d), (g), and (h).

Counterparts to the Federal Regulations

at 30 CFR 874.12 (e) and (f) are included

in the Oklahoma plan at Section

884.13(c)5. Therefore, the Director finds

the post-SMCRA eligibility provisions of

this amendment to be consistent with

SMCRA and the Federal regulations,

and he is approving them.

4. OAC 115:15–1–6. A new first

paragraph is added to OAC 115:156–1–

6 which incorporates the revised

requirements of 30 CFR 874.13 and

outlines reclamation project objectives

and priorities. New provisions require

that State reclamation projects be

accomplished in accordance with

OSM’s ‘‘Final Guidelines for

Reclamation Programs and Projects’’,

published March 6, 1980.

Old subsections (4) and (7) of 155:15–

1–6 were deleted and the remaining

subsections renumbered (4) and (5). Old

subsection (4) identified ‘‘projects for

research and demonstration relating to

reclamation and water quality control’’

as the fourth priority for funding, an old

subsection (7) identified ‘‘construction

of public facilities in mining impacted

communities’’ as the seventh priority of

reclamation funding. The deletion of

these two subsections is consistent with

the deletion of the Federal counterpart

subsections on May 31, 1994 (59 FR

28136). The revised regulation at OAC

155:15–1–6 is substantially the same as

the Federal counterpart regulation at 30

CFR 874.13 and SMCRA section 403(a).

Therefore, the Director finds it is

consistent with SMCRA and the Federal

regulations, and he is approving it.

5. OAC 115:15–1–14. This section is

added to incorporate the requirements

of 30 CFR 874.14, authorizing repair and

replacement of water supplies damaged

by abandoned mines. The proposed

regulation at OAC 115:15–1–14 is

substantially the same as the Federal

counterpart regulation at 30 CFR 874.14

and SMCRA section 403(a). Therefore,

the Director finds it is consistent with

SMCRA and the Federal regulations,

and he is approving it.

6. OAC 155:15–1–15. This section is

added to allow Oklahoma to receive and

use future set-aside funds. The proposed

regulation at OAC 155:1–15 is

substantially the same as the Federal

counterpart regulation at 30 CFR 873.

Therefore, the Director is approving

OAC 155:15–1–15.

7. OAC 155:15–1–16. This section is

added to authorize the establishment of

an Acid Mine Drainage Trust Fund and

to outline the requirements for acid

mine drainage projects. The proposed

regulation at OAC 155:15–1–16 is

substantively the same as the Federal

counterpart regulation at 30 CFR 876.

Therefore, the Director is approving

OAC 155:15–1–16.

B. Oklahoma Abandoned Mine Land

Reclamation Plan

1. Section 884.13(c)1, Goals and

Objectives. This section is changed to

reflect new language in the ‘‘objectives

and priorities’’ section of the Federal

regulation at 30 CFR 874.13 and the

elimination of two reclamation

priorities in SMCRA section 403. The

new introductory paragraph outlines

reclamation project objectives and

priorities and states that ‘‘generally,

projects of a lower priority should not

be undertaken until all known higher

priority coal projects have either been

accomplished, are in the process of

being reclaimed, or have been approved

by the secretary, except in those

instances where such lower priority

projects may be undertaken in

conjunction with a higher priority site.’’

This adds clarification to the section

and is in compliance with new language

in 30 CFR 874.13.

The seven priority objectives outlined

in the original version of the State plan

are revised to five priority objectives.

Old priority objectives (4) and (7) of this

section were deleted and the remaining

objectives renumbered (4) and (5). Old

objective (4) identified as the fourth

priority for funding, projects for

research and demonstration relating to

reclamation and water quality control.

Old objective (7) identified construction

of public facilities in mining impacted

communities as the seventh priority of

reclamation funding. The deletion of

these two objectives is consistent with

the deletion of the Federal regulation

counterpart objectives on May 31, 1994

(59 FR 28136).

At the State’s initiative, detailed

discussions of generic AML problem

types, corrective measures, conservation

practices, funding considerations,

anticipated benefits, possible adverse

effects, and time frames covered by the

plan are all deleted from the State

reclamation plan through this revision.

These discussions are not a required

part of this section and many were out

of date because of changes to the State

program, changes to SMCRA, the

advancement of reclamation technology,

and completion of many of the State’s

highest priority projects.

The Director finds that Section

884.13(c)1 is substantially the same as

the Federal counterpart regulation at 30

CFR 874 and SMCRA section 403(a).

Therefore, he is approving it. This

revision also accurately reflects changes

to the Oklahoma Administrative Code at

OAC 115:15–1–6.

2. Section 884.13(c)2, Specific Criteria

for Ranking and Identifying Projects To

Be Funded. A new provision is added to

the first paragraph that provides for

publication of public notices in 16 coal

counties and provides opportunity for

the public to attend one of four annual

public meetings. The Project Selection

Matrix is replaced with a new one.

Table 3 which outlines the general

procedure for project ranking and

selection is replaced. It clarifies the

process and clearly outlines the
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26463

responsibilities of each of the parties

involved in project selection. Input from

the general public is placed at the head

of the process. This public involvement

was not explicit in the previously

approved procedure.

The proposed changes are voluntary

on the part of the State program and

improve opportunities for public

involvement in the project selection

process. There are no comparable

components in SMCRA or the Federal

regulations. However, 30 CFR

884.13(c)(2) does require that States

describe the project ranking procedures

in their State reclamation plans.

Therefore, the Director finds the new

provisions are consistent with SMCRA

and the Federal regulation

requirements, and he is approving the

proposed revision.

3. Section 884.13(c)3, Coordination of

Reclamation Work Between The State,

The Soil Conservation Service And

Other Reclamation Agencies. The list of

agencies which will be represented on

the State Reclamation Committee is

revised. The sections entitled ‘‘Purpose

of the State Reclamation Committee’’

and ‘‘Role of the State Reclamation

Committee’’ are consolidated into one

‘‘Purpose’’ section. The proposed

changes are voluntary on the part of the

State program. There are no comparable

components in SMCRA or the Federal

regulations. However, 30 CFR

884.13(c)(3) does require that States

describe coordination of reclamation

work among the State reclamation

program, the Rural Abandoned Mine

Program, the reclamation programs of

any Indian tribes, and OSM reclamation

programs. Therefore, the Director finds

this part of the State plan is consistent

with and satisfies the requirements of 30

CFR 884.13(c)(3), and he is approving

the proposed revisions.

4. Section 884.13(c)5, Policies and

Procedures Regarding Reclamation on

Private Land. The subsection entitled

‘‘Eligible Lands and Water’’ is revised to

make certain mine lands, abandoned

after passage of SMCRA, eligible for

reclamation funding under the

Abandoned Mine Land Program. A new

sub-part (B) is added to the ‘‘Eligible

Lands and Waters’’ subsection which

incorporates the requirements of 30 CFR

874.12 (d), (e), (f), (g), and (h). The

changes to Section 884.13(c)5 are

substantially the same as the Federal

counterpart regulations. Therefore, the

Director is approving the proposed

revision.

5. Section 884.13(c)7, Public

Participation And Involvement In The

Preparation Of The State Reclamation

Plan And In The State Reclamation

Program. Subsection (2) of the public

participation policies is changed to

provide more and earlier opportunity

for the public to become involved in the

AML project selection process. This is a

voluntary change initiated by the State.

There is no direct counterpart Federal

regulation. However, a description of

public participation policies is required

by 30 CFR 884.13(c)(7). Therefore, the

Director finds this revised section meets

this Federal requirement, and he is

approving it.

6. Section 884.13(d)1, A Description

Of The Administrative And

Management Structure To Be Used In

Conducting the Reclamation Program.

Figure 7, ‘‘Organizational Chart of the

Oklahoma Conservation Commission’’,

is replaced with a new chart dated July

1, 1995. Supplemental charts are

included which depict the various subparts of the Conservation Commission.

The subsection entitled ‘‘State Agencies

Which May Become Involved in the

State Reclamation Program’’ is replaced

with a new list of agencies. Figure 8,

‘‘Organization Chart of the Oklahoma

Executive Branch’’, is deleted. This

chart is not required by Federal

regulations.

There is no direct counterpart Federal

regulation. However, a description of

the organization of the designated

agency and its relation ship to other

State organizations or officials is

required by 30 CFR 884.13(d)(1). The

Director finds this revised section meets

this Federal requirement, and he is

approving it.

IV. Summary Disposition of Comments

Public Comments

The Director solicited public

comments and provided an opportunity

for a public hearing on the proposed

amendment. No public comments were

received and because no one requested

an opportunity to speak at a public

hearing, no hearing was held.

Federal Agency Comments

Pursuant to 884.14(a)(2) and

884.15(a), the Director solicited

comments on the proposed amendment

from various other Federal agencies

with an actual or potential interest in

the Oklahoma plan (Administrative

Record No. OAML–64 and OAML–70).

The U.S. Department of Interior, Bureau

of Mines, the U.S. Environmental

Protection Agency, the U.S. Army Corps

of Engineers, and the Oklahoma

Historical Society responded with

expressions of ‘‘no comment’’

(Administrative Record Nos. OAML–66,

OAML–67, OAML–73, OAML–74, and

OAML–75). No other comments were

received.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Oklahoma

on November 13, 1995 and revised on

March 21, 1996.

The Director is taking this

opportunity to correct the date of

program approval from July 20, 1981, to

January 21, 1982, at 30 CFR 936.20,

Approval of Oklahoma Abandoned

Mine Land Reclamation Plan, and to

add the date a previous amendment was

approved on July 20, 1990, at 30 CFR

936.25, Approval of Abandoned Mine

Land Reclamation Plan Amendments.

The Federal regulations at 30 CFR

Part 936, codifying decisions concerning

the Oklahoma plan, are being amended

to implement this decision. This final

rule is being made effective immediately

to expedite the State plan amendment

process and to encourage States to bring

their plans into conformity with the

Federal standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12866 (Regulatory Planning and

Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State and Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the
26464 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

1 15 U.S.C. 79–79z–5b, as added by section 103

of the Telecommunications Act of 1996, Pub. L. No.

104–104, 110 Stat. 56 (1996).

2Order, In re Application of CSW

Communications, Inc. for Status as an Exempt

Telecommunications Company, ll FCC Rcd ll,

(FCC 96–152, Rel. April 4, 1996) (‘‘CSW’’).

3 Id.

4 5 U.S.C. § 553(b)(A) and 553(d).

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

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

which is the subject of this rule is based

upon corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 8, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 936—OKLAHOMA

1. The authority citation for Part 936

continues to read as follows:

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

2. Section 936.20 is revised to read as

follows:

§ 936.20 Approval of Oklahoma

abandoned mine land reclamation plan.

The Oklahoma Abandoned Mine Land

Reclamation Plan, as submitted on July

30, 1981, is approved effective January

21, 1982 (47 FR 2989–2991, January 21,

1982). Copies of the approved Plan and

Amendments are available at:

Office of Surface Mining Reclamation

and Enforcement, Tulsa Field Office,

5100 E. Skelly Drive, Suite 470, Tulsa,

OK 74135

Oklahoma Conservation Commission,

2800 N. Lincoln Blvd., Suite 160,

Oklahoma 73505

3. Section 936.25 is added to read as

follows:

§ 936.25 Approval of Abandoned Mine

Land Reclamation Plan Amendments.

(a) The proposed amendment

pertaining to the Oklahoma abandoned

mine land reclamation plan, as

submitted to OSM on August 24, 1989,

is approved effective July 20, 1990.

(b) The proposed amendment

pertaining to the Oklahoma abandoned

mine land reclamation plan, as

submitted to OSM on November 13,

1995, and revised on March 21, 1996, is

approved effective May 28, 1996.

[FR Doc. 96–13262 Filed 5–24–96; 8:45 am]

BILLING CODE 4310–05–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 0

[DA 96–396]

Delegation of Authority to General

Counsel To Act Upon Applications for

Determination of Exempt

Telecommunications Company Status

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This amendment changes the

Commission’s rules to reflect delegation

of authority to the General Counsel to

act on applications for determination of

exempt telecommunications company

status.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Lawrence J. Spiwak, Office of General

Counsel, (202) 418–1880.

SUPPLEMENTARY INFORMATION:

1. Through this order in DA 96–396,

adopted May 14, 1996 and released May

15, 1996, we amend part O of the

Commission’s rules to reflect a

delegation of authority to the General

Counsel to act upon applications for

‘‘exempt telecommunications company’’

(‘‘ETC’’) status filed with the

Commission under new section 34(a)(1)

of the Public Utility Holding Company

Act of 1935.1 This authority was

delegated by the Commission in an

order granting the application of CSW

Communications, Inc. for a

determination of ETC status.2 In CSW,

the Commission also ordered the

Managing Director to make conforming

changes to the Commission’s rules to

reflect this delegation of authority.3

2. The amendments adopted herein

pertain to agency organization. The

notice and comment and effective date

provisions of section 4 of the

Administrative Procedure Act 4 are

therefore inapplicable. Authority for the

amendments adopted herein is

contained in sections 4(i) and (j), 5(c)(1)

of the Communications Act of 1934, as

amended.

3. Accordingly, it is ordered, pursuant

to authority delegated by Commission

Order, FCC 96–152, released April 4,

1996, and effective upon publication in

the Federal Register, that part 0 of the

Commission’s rules and regulations is

amended as set forth below.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

List of Subjects in 47 CFR Part 0

Organization and functions.

Final Rules

Part 0 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 0—ORGANIZATION AND

FUNCTIONS

1. The authority citation for part 0

continues to read as follows:

Authority: 47 CFR Ch. 1, secs. 2–5, 301,

303, 307–309, 315, 317, 48 Stat., as amended,

1064–1066, 1068, 1081–1085, 1089, 47 U.S.C.

152–155, 301, 303, 307–309, 315, 317.

2. Section 0.251 is amended by

adding a new paragraph (j), which reads

as follows:

* * * * *

(j) The General Counsel is delegated

authority to act upon any application for

a determination of exempt

telecommunications company status

filed pursuant to section 34(a)(1) of the

Public Utility Holding Company Act of

1935, as amended by section 103 of the

Telecommunications Act of 1996.

[FR Doc. 96–13249 Filed 5–24–96; 8:45 am]

BILLING CODE 6712–01–P