Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50259 

asked to sign in and estimate the 

amount of time needed for such 

presentation. This will permit the panel 

to allocate an appropriate amount of 

time for each presenter. These meetings 

will not be adjourned until everyone on 

the list has had an opportunity to 

address the panel. 

(d) Position papers or other handout 

material relating to the substance of 

these meetings will be accepted. 

Participants wishing to submit handout 

material should present an original and 

two copies (3 copies total) to the 

presiding officer. There should be 

additional copies of each handout 

available for other attendees. 

(e) These meetings will not be 

formally recorded. 

Agenda for the Meetings 

—Sign-in. 

—Presentation of Meeting Procedures. 

—FAA explanation of the planned Class 

B modifications. 

—Solicitation of Public Comments. 

—Closing Comments. 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

Issued in Washington, DC, on August 13, 

2008. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E8–19275 Filed 8–25–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 070726413–8730—01] 

RIN 0648–AV89 

Conducting Consultations Pursuant to 

Section 304(d) of the National Marine 

Sanctuaries Act 

AGENCY: Office of National Marine 

Sanctuaries (ONNS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (Commerce). 

ACTION: Advance Notice of Proposed 

Rulemaking. 

SUMMARY: NOAA solicits public 

comment on whether development of 

regulations implementing certain 

aspects of the consultation provisions of 

section 304(d) of the National Marine 

Sanctuaries Act is appropriate and, if so, 

what such regulations should contain to 

ensure the efficient application and 

implementation of, and compliance 

with, this statutory requirement. 

DATES: Comments on this notice must be 

received by October 31, 2008. 

ADDRESSES: Submit all electronic 

comments via the Federal eRulemaking 

Portal at http://www.regulations.gov. 

Comments can also be mailed to David 

Bizot, Attn: 304(d) ANPR, NOIA Office 

of National Marine Sanctuaries, 1305 

East-West Hwy (N/ORM6), SSMC4 

#11500, Silver Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

David Bizot, ONNS Permit and 

Consultations Coordinator, 301–713–

7268. 

SUPPLEMENTARY INFORMATION: 

I. Consultation Under Section 304(d) of 

the National Marine Sanctuaries Act 

The National Marine Sanctuaries Act 

(NNSA) authorizes the Secretary of 

Commerce (Secretary) to designate and 

manage areas of the marine environment 

with special national significance due to 

their conservation, recreational, 

ecological, historical, scientific, 

cultural, archeological, educational, or 

esthetic qualities as national marine 

sanctuaries. The Secretary has delegated 

to NOAA and the Office of National 

Marine Sanctuaries (ONNS) the 

authority to implement the NNSA and 

provide comprehensive management of 

the National Marine Sanctuary System 

for its primary purpose of marine 

resource protection. The ONMS 

implements the NNSA through 

regulations, permitting, enforcement, 

research, monitoring, education and 

outreach. 

In the 1992 amendments to the 

NMSA, Congress added section 304(d), 

16 U.S.C. 1434(d), which requires 

interagency consultation between 

NOAA and Federal agencies taking 

actions, including authorization of 

private activities, ‘‘likely to destroy, 

cause the loss of, or injure a sanctuary 

resource.’’ In addition, Federal agencies 

are required to consult on proposed 

actions that ‘‘may affect’’ the resources 

of Stellwagen Bank National Marine 

Sanctuary (SBNNS), Public Law 102–

587 § 2202(e). 

Section 304(d) outlines the basic 

process by which Federal agencies are 

to consult with NOAA on activities that 

trigger the need to consult. If a Federal 

agency finds that a proposed action is 

likely to destroy, cause the loss of, or 

injure sanctuary resources (or, for 

SBNNS, ‘‘may affect’’ sanctuary 

resources), the agency is required to 

submit a ‘‘written statement’’ to the 

ONMS describing the potential effects of 

the activity on sanctuary resources at 

the earliest practicable time, but in no 

case later than no later than 45 days 

before the final approval of the action, 

unless another schedule is agreed to. If 

the ONNS finds that the proposed 

action is likely to destroy, cause the loss 

of, or injure a sanctuary resource, it 

must, within 45 days of receipt of 

complete information on the proposed 

action from the Federal agency, develop 

and recommend ‘‘reasonable and 

prudent alternatives’’ for the Federal 

agency to implement to protect 

sanctuary resources. If the ONNS 

recommends alternatives to the 

proposed action, the Federal agency is 

required to consult with the ONNS 

regarding plans for incorporating these 

recommendations into the proposed 

action. If the Federal agency decides not 

to follow the ONNS recommendations, 

it must provide a written explanation 

for that decision to the ONNS. If the 

Federal agency takes an action other 

than an alternative recommended by the 

ONNS and the action results in the 

destruction of, loss of, or injury to a 

sanctuary resource, the head of the 

agency must promptly prevent and 

mitigate further damage and restore or 

replace the sanctuary resource in a 

manner approved by the ONNS. 

II. Proposed Development of 

Regulations 

ONNS staff work diligently with 

Federal agencies to assist them in 

achieving full compliance with the 

NNSA, and encourage Federal agencies 

to work proactively with the ONNS to 

identify actions that may require NNSA 

consultation and to complete 

consultation at the earliest practicable 

time. However, more detailed regulatory 

provisions addressing the consultation 

process and requirements (e.g., how 

section 304(d) relates to other statutory 

and regulatory requirements, how a 

consultation might be conducted for a 

class of actions, and what information 

must be provided in a sanctuary 

resource statement) may be helpful to 

Federal agencies to more efficiently and 

effectively conduct the required 

consultation. NOAA therefore provides 

this notice for purposes of evaluating 

whether the development of such 

regulations to further implement the 

NNSA section 304(d) consultation 

requirement would be useful to Federal 

agencies and the public. 

III. Action Requested From the Public 

To expand upon the basic statutory 

requirements for NMSA consultations, 

NOAA is considering addressing a 

number of elements pertaining to these 

consultations through regulation and 

seeks comments on the following: 


sroberts on PROD1PC76 with PROPOSALS
50260 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

1. It may be appropriate to provide a 

process for a Federal agency to conduct 

a single NMSA consultation on a series 

or class of actions similar in type and 

effect. Would the public and other 

Federal agencies find this useful and, if 

so, how might the ONMS best identify 

the most appropriate actions that could 

be subject to this arrangement? 

2. Beyond simply describing the 

action and its potential effects on 

sanctuary resources, what additional 

information, if any, should be included 

in the written statement provided to the 

ONMS by the Federal action agency to 

ensure that the consultation fully 

addresses the effects of the activity on 

sanctuary resources? 

3. The ONNS anticipates there may be 

circumstances where a sanctuary 

resource statement might need to be 

supplemented, such as when the scope 

of the proposed action changes prior to 

the conclusion of the consultation 

process. The ONMS seeks comment on 

what other circumstances might require 

a supplemental statement and if this 

issue should to be addressed through 

regulation. 

4. The ONNS desires that 304(d) 

consultations be integrated as efficiently 

as possible with the other statutory 

requirements that may apply to a 

Federal agency action. Should 

regulations address how 304(d) 

consultations can be best integrated or 

otherwise coordinated with, for 

example, actions required by the 

National Environmental Policy Act 

(NEPA), consultations conducted 

pursuant to section 7 of the Endangered 

Species Act and section 305(b)(2) of the 

Magnuson Stevens Fisheries 

Conservation and Management Act 

(Essential Fish Habitat provision)? If so, 

what considerations should be made by 

the ONNS and Federal agencies when 

integrating NNSA consultations with 

these other requirements? 

5. When multiple Federal agencies are 

involved with a project, the ONNS 

believes it may be helpful to consider 

designating a lead agency to conduct 

304(d) consultations on behalf of the 

other agencies. Do agencies and the 

public believe this would be useful and, 

if so, how should this designation be 

determined and what procedures should 

govern this arrangement? 

6. The ONNS believes that the ONNS 

permit and NNSA consultation 

processes should be integrated for 

Federal activities that trigger both the 

304(d) andNNSA permit requirements. 

Would additional information on how 

this integration could work be helpful 

and, if so, should it be described via 

regulation? 

7. Section 304(d) states that if a 

Federal agency takes action other than 

what was recommended, and a 

sanctuary resource is destroyed, lost, or 

injured, the agency taking action should 

‘‘prevent and mitigate further damage 

and restore or replace the sanctuary 

resource’’ in a manner approved by 

ONNS. Would it be helpful to Federal 

agencies and the public to have 

regulations to implement this statutory 

directive? 

8. If the circumstances under which a 

consultation was completed change (i.e., 

if new information becomes available, 

there are changes to the proposed 

action, or the results of monitoring show 

injury or loss to sanctuary resources), a 

previously completed NNSA 

consultation might need to be reopened 

in order to protect sanctuary resources 

in accordance with the NNSA. Should 

regulatory procedures be developed to 

govern how and when a consultation 

should be re-opened? 

9. Are there any other ideas that 

should be considered in order to best 

facilitate and improve the NNSA 

consultation requirements and process? 

Comments received will help NOAA 

determine its next steps. If NOAA 

decides that regulations are appropriate 

for the implementation of NNSA section 

304(d), they will be promulgated in 

compliance with the Administrative 

Procedure Act, NEPA and other relevant 

statutes and executive orders. 

Classification: This Advanced Notice 

of Proposed Rulemaking has been 

determined to be significant for 

purposes of Executive Order 12866. 

Dated: August 19, 2008. 

John H. Dunnigan, 

Assistant Administrator for Oceans and 

Coastal Zone Management. 

[FR Doc. E8–19662 Filed 8–25–08; 8:45 am] 

BILLING CODE 3510–NK–M 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2008–0030] 

RIN 0960–AG82 

Authorization of Representative Fees 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise our 

rules regarding payment of 

representative fees to allow 

representatives to charge and receive a 

fee from third parties without requiring 

our authorization in certain instances. 

We also propose to eliminate the 

requirement that we authorize fees for 

legal guardians or court-appointed 

representatives who provide 

representational services in claims 

before us if a court has already 

authorized their fees. We are proposing 

these revisions to reflect changes in 

representatives’ business practices, and 

in the ways in which claimants obtain 

representation, and to make more 

efficient the way we process 

representative fees. 

DATES: To make sure that your 

comments are considered, we must 

receive them no later than September 

25, 2008. 

ADDRESSES: You may submit comments 

by any one of four methods—Internet, 

facsimile, regular mail, or handdelivery. Commenters should not 

submit the same comments multiple 

times or by more than one method. 

Regardless of which of the following 

methods you choose, please state that 

your comments refer to Docket No. 

SSA–2008–0030 to ensure that we can 

associate your comments with the 

correct regulation: 

1. Federal eRulemaking portal at 

http://www.regulations.gov. (This is the 

most expedient method for submitting 

your comments, and we strongly urge 

you to use it.) In the ‘‘Comment or 

Submission’’ section of the webpage, 

type ‘‘SSA–2008–0030’’, select ‘‘Go’’, 

and then click ‘‘Send a Comment or 

Submission.’’ The Federal eRulemaking 

portal issues you a tracking number 

when you submit a comment. 

2. Telefax to (410) 966–2830. 

3. Letter to the Commissioner of 

Social Security, P.O. Box 17703, 

Baltimore, MD 21235–7703. 

4. Deliver your comments to the 

Office of Regulations, Social Security 

Administration, 922 Altmeyer Building, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401, between 8 a.m. 

and 4:30 p.m. on regular business days. 

All comments are posted on the 

Federal eRulemaking portal, although 

they may not appear for several days 

after receipt of the comment. You may 

also inspect the comments on regular 

business days by making arrangements 

with the contact person shown in this 

preamble. 

Caution: All comments we receive 

from members of the public are 

available for public viewing on the 

Federal eRulemaking portal at http:// 

www.regulations.gov. Therefore, you 

should be careful to include in your 

comments only information that you 

wish to make publicly available on the 

Internet. We strongly urge you not to 

include any personal information, such 

as your Social Security number or 

medical information, in your comments. 


sroberts on PROD1PC76 with PROPOSALS