[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15190]
[[Page Unknown]]
[Federal Register: June 22, 1994]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 11
RIN 1090-AA43
Natural Resource Damage Assessments
AGENCY: Department of the Interior.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On May 4, 1994, the Department of the Interior issued a notice
of proposed rulemaking (59 FR 23097) 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 Department is extending the period for comment on
the proposed rule.
DATES: Comments will be accepted through October 7, 1994.
ADDRESSES: Comments should be sent in duplicate to the Office of
Environmental Policy and Compliance, ATTN: NRDA Rule--Nonuse Values,
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:
Mary C. Morton or David Rosenberger at (202) 208-3301, or
[email protected] on Internet.
SUPPLEMENTARY INFORMATION: The natural resource damage assessment
regulations establish procedures for calculating damages 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 May 4, 1994, the Department issued a notice of proposed
rulemaking addressing the assessment of damages for lost nonuse values
of injured natural resources using type B procedures. 59 FR 23097.
Nonuse values are those economic values that are not dependent on use
of a resource and include the value of knowing that the resource exists
and knowing that a resource will be available for future generations.
The only method currently available for the express purpose of
estimating nonuse values is the contingent valuation (CV) methodology.
Two provisions of the original natural resource damage assessment
regulations restricted the use of type B procedures to estimate lost
nonuse values to cases in which lost use values could not be
determined. 43 CFR 11.83(b)(2) and 11.83(d)(5)(ii) (1993). State of
Ohio v. United States Department of the Interior (Ohio v. Interior)
held that these restrictions were inconsistent with section 301 of
CERCLA. 880 F.2d 432, 464 (D.C. Cir. 1989). The court remanded these
provisions, along with several other issues, to the Department and
ordered the Department to promulgate new rules on the remanded issues.
On March 25, 1994, the Department published a final rule addressing all
aspects of the court remand except the estimation of lost nonuse
values. 59 FR 14262. The Department's March 25, 1994, final rule
renumbered 43 CFR 11.83(b)(2) and 11.83(d)(5)(ii) (1993) as new
Secs. 11.83(c)(1)(iii) and 11.83(c)(2)(vii)(B), temporarily leaving the
existing invalid rule language ``on the books'' without substantively
addressing in any way that language or the use of CV for estimating
nonuse values. The May 4, 1994, Federal Register notice proposed
standards for the use of CV to estimate lost nonuse values. Pending the
completion of this rulemaking, the existing restrictive rule language
concerning the estimation of lost nonuse values, which was struck down
in Ohio v. Interior, remains invalid and ineffective.
The comment period on the May 4, 1994, proposed rule was originally
set to expire on July 7, 1994. The Department has received several
requests from the public for additional time to comment on the proposed
rule and has decided to extend the comment period to October 7, 1994.
The Department is coordinating this rulemaking with a rulemaking
being conducted by the National Oceanic and Atmospheric Administration
(NOAA). NOAA has published a proposed natural resource damage
assessment rule under the Oil Pollution Act (33 U.S.C. 2701 et seq.).
59 FR 1061 (January 7, 1994). In a separate notice in today's Federal
Register, NOAA is also announcing an extension of the comment period on
its proposed rule. The proposed standards for the estimation of lost
nonuse values contained in the Department's May 4, 1994, Federal
Register notice are identical to those contained in NOAA's January 7,
1994, Federal Register notice. 59 FR 1182-83. Commenters on the
Department's proposed rule are encouraged to submit copies of their
comments both to the Department, at the address specified at the
beginning of this notice, and to NOAA, at the address specified in its
notice appearing elsewhere in today's Federal Register.
Dated: June 13, 1994.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management, and Budget.
[FR Doc. 94-15190 Filed 6-21-94; 8:45 am]
BILLING CODE 4310-RG-M
