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 


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50264 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

approved the Mississippi program on 

September 4, 1980. You can find 

background information on the 

Mississippi program, including the 

Secretary’s findings and the disposition 

of comments in the September 4, 1980, 

Federal Register (45 FR 58520). You can 

also find later actions concerning the 

Mississippi program and program 

amendments at 30 CFR 924.10, 924.15, 

924.16, and 924.17. 

II. Description of the Proposed 

Amendment 

By letter dated April 5, 2006 

(Administrative Record No. MS–0402), 

Mississippi sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Mississippi sent the amendment 

at its own initiative. 

We announced receipt of the 

proposed amendment in the May 24, 

2006, Federal Register (71 FR 29867) 

and invited public comment on its 

adequacy. The public comment period 

ended June 23, 2006. 

During our review of the amendment, 

we identified concerns relating to 

Mississippi’s definition for ‘‘valid 

rights’’ in its statute and associated 

regulations in sections 105, 1101, and 

1105 of the Mississippi Surface Coal 

Mining Regulations. We notified 

Mississippi of these concerns by letter 

dated August 17, 2006 (Administrative 

Record No. MS–0414). By letter dated 

May 30, 2008, Mississippi sent us 

additional explanatory information 

(Administrative Record No. MS–0416–

02). By e-mail dated July 23, 2008, 

Mississippi also sent us revisions to its 

amendment (Administrative Record No. 

MS–0416–03). Below are the revisions 

Mississippi proposes. 

A. Mississippi Surface Coal Mining 

Regulations (MSCMR) 105. Definitions 

Mississippi proposes to add a 

definition for ‘‘valid rights’’ to read as 

follows: 

Valid Rights—as used in § 53–9–71(4) of 

the Act means Valid Existing Rights. 

B. MSCMR 1101. Authority 

Mississippi proposes to revise this 

section to read as follows: 

The Commission is authorized by § 53–9–

71(4) of the Act to prohibit or limit surface 

coal mining operations on or near certain 

private, federal and other public lands, 

subject to valid rights. 

C. MSCMR 1105. Areas Where Mining is 

Prohibited or Limited 

Mississippi proposes to revise the 

introductory paragraph of this section to 

read as follows: 

Subject to valid existing rights as defined 

in § 105, no surface coal mining operations 

shall be conducted on the following lands 

unless you have valid existing rights as 

determined under § 1106 or qualify for the 

exception for existing operations under 

paragraph (h) of this section: 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Written Comments 

Send your comments to us by one of 

the two methods specified above. Your 

written comments should be specific, 

pertain only to the issues proposed in 

this rulemaking, and include 

explanations in support of your 

recommendations. 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 (see ADDRESSES) will be 

included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

IV. Procedural Determinations 

Executive Order 12630—Takings 

In this rule, the State is adopting valid 

existing rights standards that are similar 

to the standards in the Federal 

definition at 30 CFR 761.5. Therefore, 

this rule has the same takings 

implications as the Federal valid 

existing rights rule. The takings 

implications assessment for the Federal 

valid existing rights rule appears in part 

XXIX.E. of the preamble to that rule. See 

64 FR 70766, 70822–27, December 17, 

1999. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that 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 regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 


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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50265 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

This determination is based on the fact 

that the Mississippi program does not 

regulate coal exploration and surface 

coal mining and reclamation operations 

on Indian lands. Therefore, the 

Mississippi program has no effect on 

Federally-recognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

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 

certifies 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 State submittal, 

which is the subject of this rule, is based 

upon counterpart 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. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 924 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: July 30, 2008. 

Sherry Wilson, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. E8–19713 Filed 8–25–08; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–028–FOR; Docket ID OSM–

2008–0018] 

Montana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the Montana 

regulatory program (hereinafter, the 

‘‘Montana program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (‘‘SMCRA’’ or ‘‘the Act’’). Montana 

proposes to clarify ambiguities. 

This document gives the times and 

locations that the Montana program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., m.d.t. September 25, 2008. If 

requested, we will hold a public hearing 

on the amendment on September 22, 

2008. We will accept requests to speak 

until 4 p.m., m.d.t. on September 10, 

2008. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. This proposed 

rule has been assigned Docket ID: OSM–

2008–0018. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to 

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–2008–0018’’ 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 OSM–2008–

0018, you can view the proposed rule 

and submit a comment. You can also 

view supporting material and any 

comments submitted by others. 

• E-mail: JFleischman@osmre.gov. 

Include the docket number in the 

subject line of the message. 

• Mail/Hand Delivery/Courier: Jeffrey 

Fleischman, Director, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement,150 East 

B Street, Rm 1018, Casper, Wyoming 

82601–1018. 

• Fax: 307/261–6552. 

Instructions: All submissions received 

must include the agency name and OSM 

Docket ID OSM–2008–0018. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘III. Public Comment 

Procedures’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: In addition to viewing the 

docket and obtaining copies of 

documents at www.regulations.gov, you 

may review copies of the Montana 


sroberts on PROD1PC76 with PROPOSALS