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
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26465

47 CFR Parts 0 and 80

[WT Docket No. 95–132; FCC 96–201]

Vessel Traffic Services (VTS)

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission is adding

Sault Ste. Marie, Michigan; San

Francisco, California; and Morgan City,

Louisiana to the United States Coast

Guard (Coast Guard) designated radio

protection areas for mandatory VTS and

establishing marine VHF Channel 12 as

the VTS frequency for Sault Ste. Marie,

Michigan; San Francisco, California;

and Channel 11 as the VTS frequency

for Morgan City, Louisiana. This action

is in response to a request from the

Coast Guard. The designation of Sault

Ste. Marie, Michigan; San Francisco,

California; and Morgan City, Louisiana

as a VTS areas will allow the Coast

Guard to manage vessel traffic in a more

efficient manner.

EFFECTIVE DATE: June 27, 1996.

FOR FURTHER INFORMATION CONTACT:

James Shaffer, (202) 418–0680, Wireless

Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, FCC 95–201, adopted May 1,

1996, and released May 9, 1996. The full

text of this Report and Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center, Room 239, 1919 M

Street, N.W., Washington, D.C. The

complete text may be purchased from

the Commission’s copy contractor,

International Transcription Service,

Inc., 2100 M Street, Suite 140,

Washington, D.C. 20037, telephone

(202) 857–3800.

Summary of Report and Order

1. The Coast Guard filed petitions

(RM–8500, 8592, 8598), Public Notice

No. 2023 and 2057, requesting that the

Commission amend Part 80 of the Rules,

47 CFR Part 80, to add Sault Ste. Marie,

Michigan; San Francisco, California;

and Morgan City, Louisiana to the Coast

Guard designated radio protection areas

for mandatory VTS and establish marine

VHF Channel 12 as the VTS frequency

for Sault Ste. Marie, Michigan; San

Francisco, California; and Channel 11 as

the VTS frequency for Morgan City,

Louisiana.

2. Under the Ports and Waterways

Safety Act of 1972, as amended by the

Port and Tanker Safety Act of 1978 and

the Oil Pollution Act of 1990, the Coast

Guard may construct, operate, maintain,

improve or expand VTS systems in any

port or place under the jurisdiction of

the United States, including the

navigable waters of the United States, or

in any area covered by an international

agreement negotiated pursuant to 33

U.S.C. 1230. The Ports and Waterways

Safety Act requires certain designated

vessels which operate in a VTS area to

utilize and comply with the VTS.

Marine accidents in recent years have

underscored the need for improving

safety on the nation’s waterways.

Moreover, Congress mandated VTS

participation in section 4107 of the Oil

Pollution Act , 33 U.S.C. 1223(a)(2). The

Coast Guard has amended its VTS

regulations to make participation in all

VTS systems mandatory. A VTS system

instills order and predictability on a

waterway by coordinating vessel

movements through the collection,

verification, organization, and

dissemination of information.

3. Designating Sault Ste. Marie and

Berwick Bay as VTS areas will allow the

Coast Guard to manage vessel traffic in

those areas more efficiently and will

help protect the marine environment by

preventing vessel collisions and

groundings. Therefore, we are adding

Sault Ste. Marie and Berwick Bay to the

Commission’s list of designated radio

protection areas for VTS systems

specified in Section 80.383. The radio

protection area for Sault Ste. Marie will

be defined as ‘‘The rectangle between

North latitudes 45 degrees and 47

degrees, and West longitudes 83 degrees

and 85 degrees.’’ The radio protection

area for Berwick Bay will be defined as

‘‘The rectangle between North latitudes

28 degrees 30 minutes and 30 degrees

30 minutes, and West longitudes 90

degrees 50 minutes and 92 degrees.’’

This area is part of the New Orleans

VTS which discontinued operations on

July 30, 1988, due to budgetary

constraints.

4. We also designate Channel 12

(156.600 MHz) as a second radio

frequency for use within the San

Francisco VTS radio protection area.

The density of vessel traffic in the San

Francisco Bay, which includes

numerous recreational boats, ferries and

commercial fishing boats, severely

constrains the ability of large vessels to

maneuver in the event of an emergency.

The Coast Guard states that with

mandatory participation, the current

VTS channel, Channel 14 (156.700

MHz), will be inadequate to ensure safe

and reliable communications in this

busy and environmentally sensitive

area. The addition of Channel 12 will

permit increased navigational safety in

the area by organizing traffic flow

patterns, reduced meeting, crossing and

overtaking situations between large

vessels in tight spaces, and limited

vessel speed. We will permit private

coast stations currently authorized on

Channel 12 within the San Francisco

VTS area to operate until the end of

their current license term on a

noninterference basis. The staff will

help affected licensees find suitable

alternative channels. No fee will be

charged for affected stations that apply

for modification for an alternative

channel before their next renewal.

5. We also amend Section 0.331 to

authorize the Chief, Wireless

Telecommunications Bureau to amend

the maritime service rules at the request

of the United States Coast Guard to

designate radio protection areas for

mandatory VTS and establish marine

channels as VTS frequencies for these

areas. This will allow the Commission

to expedite these requests, which will

increase safe vessel transit and protect

U.S. waters and associated natural

resources from environmental harm.

List of Subjects

47 CFR Part 0

Delegations of authority.

47 CFR Part 80

Communications equipment, Marine

safety.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rules Changes

Title 47 of the Code of Federal

Regulations, Parts 0 and 80, are

amended as follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for Part 0

continues to read as follows:

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

amended; 47 U.S.C. 155.

2. Section 0.331 is amended by

revising paragraph (d) to read as

follows:

§ 0.331 Authority delegated.

* * * * *

(d) Authority concerning rulemaking

proceedings. The Chief, Wireless

Telecommunications Bureau shall not

have the authority to act upon notices

of proposed rulemaking and inquiry,

final orders in rulemaking proceedings

and inquiry proceedings, and reports

arising from any of the forgoing except

such orders involving ministerial

conforming amendments to rule parts,

or orders conforming any of the

applicable rules to formally adopted

international conventions or agreement
26466 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

where novel questions of fact, law or

policy are not involved. Also, the

addition of new Marine VHF frequency

coordination committee(s) to § 80.514 of

this chapter need not be referred to the

Commission if they do not involve

novel questions of fact, policy or law, as

well as requests by the United States

Coast Guard to designate radio

protection areas for mandatory Vessel

Traffic Services (VTS) and establish

marine channels as VTS frequencies for

these areas.

PART 80—STATIONS IN THE

MARITIME SERVICES

3. The authority citation for Part 80

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST

4726, 12 UST 2377.

4. Section 80.383 is amended by

revising the entries for 156.550 MHz

and 156.600 MHz in the table in

paragraph (a) and adding new

paragraphs (b)(7) and (b)(8) to read as

follows:

80.383 Vessel Traffic Services (VTS)

system frequencies.

* * * * *

(a) * * *

VESSEL TRAFFIC CONTROL

FREQUENCIES

Carrier

frequencies

(MHz)

Geographic areas

* * * * *

156.550 New York, New Orleans,1 Houston, Prince William Sound,3 Berwick Bay.

156.600 New York, New Orleans,1 Houston, San Francisco,3 Sault Ste.

Marie.3

* * * * *

1 Until further notice, this frequency is available for use as permitted by § 80.373(f), notwithstanding the provisions of footnote 3 that

are applicable to the VTS system. Availability

is a result of the closure of the VTS system for

the port area of New Orleans. If the United

States Coast Guard re-establishes this system, the Commission may require operations

pursuant to such conditional licenses for this

frequency to cease, or may choose not to

renew such conditional licenses. All licenses

for this frequency will be expressly conditional

upon the continued availability of the frequency for non-VTS use.

* * * * *

3Private coast station licenses for the use of

this frequency in this area will expire at the

end of the current license term or five years

after the adopted date of the final rule, whichever comes first. Continued use until expiration must be on a noninterference basis to

Coast Guard VTS communications.

(b) * * *

(7) Sault Ste. Marie. The rectangle

between North latitudes 45 degrees and

47 degrees, and West longitudes 83

degrees and 85 degrees.

(8) Berwick Bay. The rectangle

between North latitudes 28 degrees 30

minutes and 30 degrees 30 minutes, and

West longitudes 90 degrees 50 minutes

and 92 degrees.

* * * * *

[FR Doc. 96–13099 Filed 5–24–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Chapter I

[CC Docket No. 91–35; FCC 96–131]

Operator Service Access and Pay

Telephone Compensation

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Where technically feasible

and economically reasonable, the

Commission’s Third Report and Order

requires local exchange carriers (LECs)

to make international call blocking

services available to non-aggregator

business customers as well as to those

businesses that qualify as aggregators

under the Communications Act of 1934,

as amended by The Telephone Operator

Consumer Services Improvement Act of

1990. The Commission extended the

availability of these services to nonaggregator business customers to assist

these customers in reducing losses

attributable to international toll fraud.

The Commission Order states,

however, that LECs will not be required

to provide similar international blocking

to residential customers, whether to

prevent international toll fraud or to

control access to international dial-aporn. Although LECs may elect to offer

these services to their residential

customers, the Commission declined to

require that these services be made

available to residences because it was

not clear that such a new residential

service would be technically feasible

and economically reasonable. It was

also unclear to what extent such a

residential blocking service would be

effective in limiting toll fraud and

access to dial-a-porn.

In addition, the Commission Order

requires LECs to file federal tariffs for

both billed number screening (BNS) and

originating line screening (OLS)

‘‘confirmation screening services’’ that

allow aggregators to ensure that the

proper screening codes are associated

with their telephone lines. The Order

specifies that the OLS service must

deliver a code that discretely identifies

private payphones and such other codes

as are necessary to identify other

categories of aggregator locations. The

Order also stresses that it is important

for LECs to use uniform codes for their

OLS services. The Order further requires

LECs to unbundle their OLS

‘‘confirmation services,’’ unless they can

show either that bundling would not

place aggregators at a competitive

disadvantage or that it would not be

technically feasible or would be

economically unreasonable to unbundle

these ‘‘confirmation services.’’ It also

requires LECs to unbundle the BNS

‘‘confirmation services’’ that they

provide to aggregators under federal

tariff and to make those services

available to both aggregators and nonaggregators. Finally, it specifies a rate

structure for features of OLS and BNS

service provided to aggregators.

The Commission Order requires that

LECs include these screening services in

their federal tariffs and specifies a rate

structure for service to aggregators

because the Commission found these

services were not uniformly available to

aggregators under existing LEC state

tariffs and because these services were

not always adequate when made

available under those tariffs.

As a result of the Commission Order,

non-aggregator, as well as aggregator,

business customers of LECs gain access

to international call blocking services

offered under federal tariffs. In addition,

aggregator business customers will have

greater access to uniform and discrete

OLS screening codes and to unbundled

OLS ‘‘confirmation services.’’ Also, the

Commission Order results in both

aggregators and non-aggregators having

access to unbundled BNS ‘‘confirmation

services’’ under federal tariffs.

EFFECTIVE DATE: June 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Thomas David, Accounting and Audits

Division, Common Carrier Bureau, (202)

418–0800, or Allen A. Barna,

Competitive Pricing Division, Common

Carrier Bureau, (202) 418–1530.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Third

Report and Order adopted March 25,

1996, and released April 5, 1996. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Public Reference Room (Room

230), 1919 M St., N.W., Washington,