[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