[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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