[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Pages 7154-7155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3023]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 11
RIN 1090-AA21
Natural Resource Damage Assessments: Type A Procedure for Great
Lakes Environments
AGENCY: Department of the Interior.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On August 8, 1994, the Department of the Interior issued a
[[Page 7155]] notice of proposed rulemaking (59 FR 40319) to revise the
natural resource damage assessment regulations. The natural resource
damage assessment regulations establish procedures for assessing
damages for injury to natural resources resulting from a discharge of
oil into navigable waters under the Clean Water Act, or a release of a
hazardous substance under the Comprehensive Environmental Response,
Compensation, and Liability Act. The August 8, 1994, notice proposed a
simplified ``type A'' procedure for assessing damages from relatively
minor discharges or releases in the Great Lakes. The Department is
extending the period for comment on the proposed rule and making it
coextensive with the comment period for a similar proposed type A
procedure for coastal and marine environments.
DATES: Comments will be accepted through July 6, 1995.
ADDRESSES: Comments should be sent in duplicate to the Office of
Environmental Policy and Compliance, ATTN: NRDA Rule--GLE, Room 2340,
Department of the Interior, 1849 C Street, NW, Washington, DC 20240
(regular business hours 7:45 a.m. to 4:15 p.m., Monday through Friday).
FOR FURTHER INFORMATION CONTACT: Stephen F. Specht at (202) 208-3301,
or [email protected] on Internet.
SUPPLEMENTARY INFORMATION: The natural resource damage assessment
regulations establish procedures that Federal, State, and Tribal
natural resource trustees may use to obtain compensation from liable
parties for natural resource injuries under the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended (42
U.S.C. 9601 et seq.) and the Clean Water Act, as amended (33 U.S.C.
1251 et seq.). The regulations provide an administrative process for
conducting assessments as well as two types of technical procedures for
the actual determination of injuries and damages. ``Type A'' procedures
are standard procedures for simplified assessments requiring minimal
field observation in cases of minor discharges or releases in certain
environments. ``Type B'' procedures are site-specific procedures for
detailed assessments in other cases.
On August 8, 1994, the Department of the Interior published a
proposed rule to amend the regulations to include an additional type A
procedure for assessing natural resource damages in Great Lakes
environments. 59 FR 40319. The proposed procedure incorporates a
computer model called the Natural Resource Damage Assessment Model for
Great Lakes Environments Version 1.31 (NRDAM/GLE). The comment period
on the August 8, 1994, proposed rule was originally set to close on
November 7, 1994, but was extended through February 6, 1995. 59 FR
54877 (November 2, 1994).
On December 8, 1994, the Department published a proposed rule to
revise an existing type A procedure for coastal and marine
environments. 59 FR 63300. The proposed revised type A procedure for
coastal and marine environments incorporates a computer model, called
the Natural Resource Damage Assessment Model for Coastal and Marine
Environments Version 2.2 (NRDAM/CME), that uses the same computer
modelling approach as the proposed NRDAM/GLE. The comment period on the
December 8, 1994, proposed rule was originally set to close on February
6, 1995.
The Department has received numerous requests for additional time
to comment on the proposed type A procedure for coastal and marine
environments. In a separate notice appearing elsewhere in today's
Federal Register, the Department is extending the comment period on the
proposed type A procedure for coastal and marine environments through
July 6, 1995.
A number of commenters have noted the structural similarities
between the proposed NRDAM/CME and the proposed NRDAM/GLE and have
requested that they be allowed to review the two type A procedures
concurrently. Although the proposed NRDAM/CME and the proposed NRDAM/
GLE incorporate distinct geographic databases and information, there
are substantial similarities between the two proposed rules and
computer models. Therefore, the Department has decided to allow for
concurrent public review of the two proposed models and consolidated
consideration of the comments received on the proposed rules. The
Department is extending the comment period for the proposed type A
procedure for Great Lakes through July 6, 1995, to make it coextensive
with the extended comment period for the proposed type A procedure for
coastal and marine environments. Any comment that is submitted on only
one of the proposed rules but that is relevant to both rules will be
considered in both rulemakings.
Dated: February 2, 1995.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management, and Budget.
[FR Doc. 95-3023 Filed 2-6-95; 8:45 am]
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