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
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50261 

FOR FURTHER INFORMATION CONTACT: 

Marg Handel, Supervisory Social 

Insurance Specialist, Office of Income 

Security Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–4639. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772–

1213 or TTY 1–800–325–0778, or visit 

our Internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Explanation of Changes 

Authority 

We may issue regulations to 

administer the Social Security Act (Act). 

42 U.S.C. 405(a), 902(a)(5), and 

1383(d)(1). Specifically, we may issue 

regulations allowing attorneys and nonattorneys to represent claimants before 

us. We also may set the maximum fees 

for those services. 42 U.S.C. 406(a)(1) 

and 1383(d)(2). Based on this authority, 

we are proposing new rules to revise our 

current regulations on fees paid to 

claimant representatives found in part 

404 subpart R and part 416 subpart O. 

Current Regulations on Fees Paid by 

Third Parties 

We require all representatives to 

obtain our approval before charging or 

receiving a fee for representational 

services. 20 CFR 404.1720 and 

416.1520. We also prohibit 

representatives from charging or 

receiving fees that are more than the 

amount we approve regardless of 

whether the fee is charged to, or 

received from, claimants or third 

parties. 20 CFR 404.1720(b)(3) and 

416.1520(b)(3). However, under our 

long-standing interpretation of these 

regulations, if certain criteria are met, 

we need not approve a fee if a nonprofit 

organization pays the fee out of funds 

provided by a government entity. Social 

Security Ruling (SSR) 85–3. 

Proposed Changes 

We propose to revise our current 

policy and allow representatives, in 

certain cases, to be paid fees for 

providing representational services 

without requiring our authorization. 

The primary reason that we set 

maximum fees is to protect claimants 

and beneficiaries. Our current 

regulations carry out this purpose. 

Nevertheless, when a party other than a 

claimant or beneficiary incurs the 

liability for the cost of the 

representative’s services, there is little 

risk that the individual may be charged 

an unreasonable fee. Often third parties, 

such as insurance companies, have 

provided claimants representation and 

have paid the representatives’ fees 

without any liability to the claimants. 

We do not believe that we need to 

continue approving fee arrangements 

between representatives and third 

parties when the amount of claimants’

benefits will not be affected. 

Similarly, there is no reason to require 

legal guardians or court-appointed 

representatives to obtain our approval 

for fee arrangements if a court has 

already authorized their fees. Because 

courts, when authorizing guardians’

fees, generally consider the wards’ best 

interests and have reviewed and 

approved the legal guardian’s 

accounting, there is little risk to the 

beneficiary that the fee approved is 

unreasonable. Thus, under our current 

subregulatory instructions, we do not 

require legal guardians or courtappointed representatives to obtain our 

approval for fee arrangements if a court 

has already authorized their fees for 

representation before us, regardless of 

who bears the liability for paying the 

fee. 

We propose to define ‘‘legal guardian 

or court-appointed representative’’ as ‘‘a 

court-appointed person, committee, or 

conservator who is lawfully invested 

with the power and charged with the 

duty of taking care of and managing the 

property and rights of an individual 

who is considered incapable of 

managing his or her own affairs’’ in 

§§ 404.1703 and 416.1503. 

In both of the situations addressed in 

these proposed rules, eliminating the 

requirement that we review these fee 

arrangements would not adversely affect 

the interests of our beneficiaries and 

would allow our resources and the 

resources of the representatives to be 

used to serve claimants and 

beneficiaries in other ways. However, to 

ensure that the interests of our 

beneficiaries are not adversely affected, 

we are including criteria in proposed 

§§ 404.1720(e) and 416.1520(e) that are 

similar to the criteria we currently have 

in SSR 85–3. Under these proposed 

regulations, our approval would not be 

necessary when the fees are paid by a 

third party, the claimant is free from any 

liability for a fee, and the representative 

waives the right to charge and collect a 

fee. As we previously noted, our 

approval of the fee request would also 

not be necessary where a court has 

already authorized the fee in cases 

where legal guardians or courtappointed representatives provide 

representational services in claims 

before us. Our experience has been that 

these criteria adequately ensure that the 

cases where our prior approval of a fee 

is not needed are limited to ones where 

claimants and beneficiaries are already 

protected from unreasonable attorney 

fees. 

We also propose to make minor 

conforming changes to paragraph (b)(3) 

in §§ 404.1720 and 416.1520. 

Please note that in another proposed 

rule document that we are publishing 

separately, Revisions to Rules on 

Representation of Parties, RIN 0960–

AG56, we propose different revisions to 

§§ 404.1703, 404.1720, 416.1503, and 

416.1520. When we publish any final 

rules following the public comment 

period, we will coordinate revisions to 

these sections. 

Lastly, SSR 85–3 explains that we do 

not need to authorize a representative’s 

fee if the fee is paid by a nonprofit 

organization or an agency out of funds 

provided or administered by a 

government entity and not paid by the 

claimant or beneficiary. The proposed 

rules would codify this policy. In 

accordance with our usual practice, we 

will rescind SSR 85–3 as obsolete if and 

when we adopt these rules in final. 

Clarity of These Rules 

Executive Order 12866, as amended, 

requires each agency to write all rules 

in plain language. In addition to your 

substantive comments on these 

proposed rules, we invite your 

comments on how to make them easier 

to understand. 

For example: 

• Have we organized the material to 

suit your needs? 

• Are the requirements in the rules 

clearly stated? 

• Do the rules contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rules easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rules easier to understand? 

When Will We Start To Use These 

Rules? 

We will not use these rules until we 

evaluate the public comments we 

receive on them, determine whether 

they should be issued as final rules, and 

issue final rules in the Federal Register. 

If we publish final rules, we will 

explain in the preamble how we will 


sroberts on PROD1PC76 with PROPOSALS
50262 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

apply them, and summarize and 

respond to the public comments. Until 

the effective date of any final rules, we 

will continue to use our current rules. 

Regulatory Procedures 

Executive Order 12866, as Amended 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these proposed rules 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended. Therefore, they 

were reviewed by OMB. 

Regulatory Flexibility Act 

We certify that these proposed rules 

will not have a significant economic 

impact on a substantial number of small 

entities. These proposed rules do not 

place significant costs on small entities 

because they will relieve some small 

entities of the need to obtain SSA 

approval of a fee. It is anticipated that 

the cost to small entities will either be 

minimal, or it will result in cost savings 

as a result of increased efficiency. 

Therefore, a regulatory flexibility 

analysis as provided in the Regulatory 

Flexibility Act, as amended, is not 

required. 

Paperwork Reduction Act 

We are proposing revisions to our 

rules on obtaining approval for charging 

a fee for representing claimants. These 

proposed rules contain public reporting 

requirements that must be approved by 

OMB. The chart below lists these 

sections, describes their content, and 

provides their burden. We previously 

accounted for these public reporting 

burdens in the Information Collection 

Requests for the various forms the 

public uses to submit the information to 

SSA. Consequently, we are inserting a 

1-hour placeholder burden in these 

sections. 

Regulation sections and description Number of 

respondents 

Frequency of 

response 

Average burden per 

response 

(minutes) 

Estimated annual burden 

(hours) 

404.1720; 416.1520 ......................................................................................... ........................ ........................ ........................ 1 

The representative submits to us a form we prescribe waiving the right 

to charge and collect a fee.

We have submitted an Information 

Collection Request to OMB for 

clearance. We are soliciting comments 

on the burden estimate; the need for the 

information; its practical utility; ways to 

enhance its quality, utility and clarity; 

and on ways to minimize the burden on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

You can call, e-mail or write to the 

addresses/phone numbers listed below 

to request a copy of the Information 

Collection Request package or to 

comment. 

Office of Management and Budget, Attn: 

Desk Officer for SSA, Fax Number: 

202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

Social Security Administration, Attn: 

Reports Clearance Officer, 1333 

Annex Building, 6401 Security Blvd., 

Baltimore, MD 21235, Fax: 410–965–

6400, E-mail address: 

OPLM.RCO@ssa.gov. 

You can submit comments on the 

paperwork burdens associated with this 

rule for up to 60 days after publication 

of this notice; however, they will be 

most useful if received within 30 days 

of publication. This does not affect the 

deadline for the public to comment to 

SSA on the proposed regulations. These 

information collection requirements 

will not become effective until approved 

by OMB. When OMB has approved 

these information collection 

requirements, SSA will publish a notice 

in the Federal Register. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; and 96.006, 

Supplemental Security Income) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

Old-Age, Survivors, and Disability 

Insurance; Penalties; Reporting and 

recordkeeping requirements; Social 

Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Penalties; Reporting and 

recordkeeping requirements; 

Supplemental Security Income (SSI). 

Dated: May 27, 2008. 

Michael J. Astrue, 

Commissioner of Social Security. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on August 20, 2008. 

For the reasons set out in the 

preamble, we propose to amend 20 CFR 

parts 404 and 416 as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart R—[Amended] 

1. The authority citation for subpart R 

of part 404 continues to read as follows: 

Authority: Secs. 205(a), 206, 702(a)(5), and 

1127 of the Social Security Act (42 U.S.C. 

405(a), 406, 902(a)(5), and 1320a–6); sec. 303, 

Pub. L. 108–203, 118 Stat. 493. 

2. Amend § 404.1703 by adding a 

definition for ‘‘legal guardian or courtappointed representative’’ in 

alphabetical order to read as follows: 

§ 404.1703 Definitions. 

* * * * * 

Legal guardian or court-appointed 

representative means a court-appointed 

person, committee, or conservator who 

is lawfully invested with the power and 

charged with the duty of taking care of 

and managing the property and rights of 

an individual who is considered 

incapable of managing his or her own 

affairs. 

* * * * * 

3. Amend § 404.1720 by revising 

paragraph (b) heading and (b)(3) and by 

adding paragraph (e) to read as follows: 

§ 404.1720 Fee for a representative’s 

services. 

* * * * * 

(b) Charging and receiving a fee under 

the fee petition process. * * * 

(3) Subject to paragraph (e) of this 

section, a representative must not 

charge or receive any fee unless we have 

approved it, and a representative must 

not charge or receive any fee that is 

more than the amount we approve. 

* * * * * 

(e) When we need not authorize a fee. 

We do not need to authorize a fee when: 

(1) A non-profit organization, a 

Federal, State, county, or city 

government agency, or a third party that 

is a business entity independent of your 

representative pays from its funds the 

representative fees and expenses and 

both of the following conditions apply: 

(i) You (including any auxiliary 

beneficiaries) are free of any liability to 


sroberts on PROD1PC76 with PROPOSALS
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50263 

pay a fee or any expenses, or any part 

thereof, directly or indirectly, to the 

representative or someone else; and 

(ii) The representative submits to us a 

form we prescribe waiving the right to 

charge and collect a fee and any 

expenses from you and the auxiliary 

beneficiaries, if any, directly or 

indirectly, in whole or in part; or 

(2) A court authorizes a fee for your 

representative who, in your case, is your 

legal guardian or a court-appointed 

representative. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart O—[Amended] 

4. The authority citation for subpart O 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1127 and 

1631(d) of the Social Security Act (42 U.S.C. 

902(a)(5), 1320a–6 and 1383(d)); sec. 303, 

Pub. L. 108–203, 118 Stat. 493. 

5. Amend § 416.1503 by adding a 

definition for ‘‘legal guardian or courtappointed representative’’ in 

alphabetical order to read as follows: 

§ 416.1503 Definitions. 

* * * * * 

Legal guardian or court-appointed 

representative means a court-appointed 

person, committee, or conservator who 

is lawfully invested with the power and 

charged with the duty of taking care of 

and managing the property and rights of 

an individual who is considered 

incapable of managing his or her own 

affairs. 

* * * * * 

6. Amend § 416.1520 by revising 

paragraph (b) heading and (b)(3) and by 

adding paragraph (e) to read as follows: 

§ 416.1520 Fee for a representative’s 

services. 

* * * * * 

(b) Charging and receiving a fee under 

the fee petition process. * * * 

(3) Subject to paragraph (e) of this 

section, a representative must not 

charge or receive any fee unless we have 

approved it, and a representative must 

not charge or receive any fee that is 

more than the amount we approve. 

* * * * * 

(e) When we need not authorize a fee. 

We do not need to authorize a fee when: 

(1) A non-profit organization, a 

Federal, State, county, or city 

government agency, or a third party that 

is a business entity independent of your 

representative pays from its funds the 

representative fees and expenses and 

both of the following conditions apply: 

(i) You are free of any liability to pay 

a fee or any expenses, or any part 

thereof, directly or indirectly, to the 

representative or someone else; and 

(ii) The representative submits to us a 

form we prescribe waiving the right to 

charge and collect a fee and any 

expenses from you if any, directly or 

indirectly, in whole or in part; or 

(2) A court authorizes a fee for your 

representative who, in your case, is your 

legal guardian or a court-appointed 

representative. 

[FR Doc. E8–19674 Filed 8–25–08; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 924 

[SATS No. MS–018–FOR; Docket No. OSM–

2008–0017] 

Mississippi Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; reopening and 

extension of public comment period on 

proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of 

revisions to a previously proposed 

amendment to the Mississippi 

regulatory program (Mississippi 

program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Mississippi 

proposes a revision to its regulations 

regarding valid existing rights as it 

pertains to designation of lands as 

unsuitable for surface coal mining 

operations. Mississippi intends to revise 

its program to be consistent with 

SMCRA. 

This document gives the times and 

locations that the Mississippi program 

and proposed amendment to that 

program are available for your 

inspection and the comment period 

during which you may submit written 

comments on the revisions to the 

amendment. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., c.t., September 10, 2008. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The proposed rule 

is listed under the agency name ‘‘OFFICE

OF SURFACE MINING RECLAMATION AND

ENFORCEMENT’’ and has been assigned 

Docket ID: OSM–2008–0017. If you 

would like to submit comments through 

the Federal erulemaking Portal, go to 

http://www.regulations.gov and do the 

following. Click on the ‘‘Advanced 

Docket Search’’ button on the right side 

of the screen. Type in the Docket ID 

OSM–2008–0017 and click the submit 

button at the bottom of the page. The 

next screen will display the Docket 

Search Results for the rulemaking. If 

you click on the OSM–2008–0017, you 

can view the proposed rule and submit 

a comment. You can also view 

supporting material and any comments 

submitted by others. 

• Mail/Hand Delivery/Courier: Sherry 

Wilson, Director, Birmingham Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 135 

Gemini Circle, Suite 215, Homewood, 

Alabama 35209. Please include the 

Docket ID (OSM–2008–0017) with your 

comments. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than the two listed above will be 

included in the docket for this 

rulemaking and considered. 

For additional information on the 

rulemaking process and the public 

availability of comments, see ‘‘III. Public 

Comment Procedures’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

You may receive one free copy of the 

amendment by contacting OSM’s 

Birmingham Field Office. See below FOR

FURTHER INFORMATION CONTACT. 

You may review a copy of the 

amendment during regular business 

hours at the following locations: 

Sherry Wilson, Director, Birmingham 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 135 

Gemini Circle, Suite 215, Homewood, 

Alabama 35209, Telephone: (205) 

290–7282, swilson@osmre.gov. 

Michael B. E. Bograd, Director, 

Mississippi Department of 

Environmental Quality, 2380 

Highway 80 West, P.O. Box 20307, 

Jackson, Mississippi 39289–1307, 

Telephone: (601) 961–5500. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Wilson, Director, Birmingham 

Field Office. Telephone: (205) 290–

7282. E-mail: swilson@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Mississippi Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Mississippi 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 


sroberts on PROD1PC76 with PROPOSALS