[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Pages 7155-7156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3024]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
43 CFR Part 11
RIN 1090-AA23
Natural Resource Damage Assessments: Type A Procedure for Coastal
and Marine Environments
AGENCY: Department of the Interior.
ACTION: Proposed rule; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: On December 8, 1994, the Department of the Interior issued a
notice of proposed rulemaking (59 FR 63300) 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 December 8, 1994, notice proposed revisions to a
simplified ``type A'' procedure for assessing damages from relatively
minor discharges or releases in coastal and marine environments. 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 Great Lakes 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--CME, 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 [[Page 7156]] 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 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). 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. The requesters have emphasized the large volume of
technical documentation accompanying the NRDAM/CME, all of which is
subject to public review and comment. Some requesters are assembling
multidisciplinary teams to assist in the review of the model and
associated databases. The Department appreciates the level of technical
review that is underway and agrees with the requesters that extending
the time for public review and comment on the proposed rule is
appropriate.
Furthermore, on August 8, 1994, the Department published a proposed
rule to amend the natural resource damage assessment regulations to
include an additional type A procedure for assessing damages in Great
Lakes environments. 59 FR 40319. The proposed type A procedure
incorporates a computer model, called the Natural Resource Damage
Assessment Model for Great Lakes Environments Version 1.31 (NRDAM/GLE),
that uses the same computer modelling approach as the proposed revised
NRDAM/CME. 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).
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. In a
separate notice appearing elsewhere in today's Federal Register, 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. 95-3024 Filed 2-6-95; 8:45 am]
BILLING CODE 4310-RG-P
