Conducting Consultations Pursuant to Section 304(d) of the National Marine Sanctuaries Act, 50259-50260 [E8-19662]
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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules
asked to sign in and estimate the
amount of time needed for such
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to allocate an appropriate amount of
time for each presenter. These meetings
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(d) Position papers or other handout
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presiding officer. There should be
additional copies of each handout
available for other attendees.
(e) These meetings will not be
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Agenda for the Meetings
—Sign-in.
—Presentation of Meeting Procedures.
—FAA explanation of the planned Class
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—Solicitation of Public Comments.
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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
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.
sroberts on PROD1PC76 with PROPOSALS
AGENCY:
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
VerDate Aug<31>2005
18:09 Aug 25, 2008
Jkt 214001
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 https://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
PO 00000
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Fmt 4702
Sfmt 4702
50259
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:
C:\FR\FM\26AUP1.SGM
26AUP1
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?
VerDate Aug<31>2005
18:09 Aug 25, 2008
Jkt 214001
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
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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
PO 00000
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Fmt 4702
Sfmt 4702
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
https://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 https://
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.
C:\FR\FM\26AUP1.SGM
26AUP1
]]>Agencies
[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Proposed Rules]
[Pages 50259-50260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19662]
=======================================================================
-----------------------------------------------------------------------
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 https://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
Sec. 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:
[[Page 50260]]
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
